2022, 08-30 Study Session
AGENDA
SPOKANE VALLEY CITY COUNCIL
REGULAR MEETING
STUDY SESSION
Tuesday, August 30, 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
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CALL TO ORDER
ROLL CALL
APPROVAL OF AGENDA
ACTION ITEM:
1. First Reading Ordinance 22-014 Street Vacation, Right-of-Way Mission to Park – Lori Barlow
\[no public comment – public hearing previously held\]
2. Motion Consideration: AHBL Contract amendment for Balfour Park Project – Gloria Mantz
\[public comment opportunity\]
NON-ACTION ITEMS:
DISCUSSION LEADER SUBJECT/ACTIVITY GOAL
3. John Bottelli, Mark MacIntosh Spokane Valley Arts Council Discussion/Information
4. Susan Nielsen Mercer International, Inc. Discussion/Information
5. Gloria Mantz, Jerremy Clark Sprague Avenue Stormwater Discussion/Information
Project
6. Chelsie Taylor 2023 Budget, Estimated Revenues Discussion/Information
And Expenditures
7. Tony Beattie Opioid Distributor Settlement with Discussion/Information
State of Washington, Allocation Agreement
8. Chief Ellis Hometown Suites Update Discussion/Information
9. Mayor Haley Advance Agenda Discussion/Information
10. Mayor Haley Council Comments Discussion/Information
11. John Hohman City Manager Comments Discussion/Information
12. Executive Session: \[RCW 42.30.110(1)(b)\] Acquisition of Real Estate
Proposed Motion: I move we adjourn into Executive Session for approximately 20 minutes to discuss acquisition of
real estate, and that no action will be taken upon return to open session.
ADJOURN
Council Agenda August 30, 2022 Page 1 of 1
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 30, 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: First Ordinance Reading – STV-2022-0001, a City-initiated street vacation of
an unopened alleyway connecting Mission and Park.
GOVERNING LEGISLATION: Chapter 22.140 Spokane Valley Municipal Code; RCW 35A.47.020
chapter 35.79 RCW; and Resolution 07-009.
PREVIOUS COUNCIL ACTION TAKEN:
April 26, 2022 Council adopted Resolution 22-004 setting the Public Hearing date before
the Planning Commission;
May 31, 2022 Council adopted Resolution 22-008 resetting the Public Hearing date before
the Planning Commission.
August 16, 2022 Council Administrative Report for Planning Commission
Recommendation
BACKGROUND: The unnamed alleyway was dedicated by the Park Road Plat in 1949. The right-of-way
proposed to be vacated is approximately 370 feet by 20 feet for an area of approximately 7,400 square feet.
The area is in the shape of an ‘L’ connecting Park Road and Mission Avenue. The right-of-way has
remained unopened and unimproved for 73 years. The unnamed alley is adjacent to seven parcels
(35131.0101 and 35131.0102, 35131.0103, 35131.0104, 35131,0105, 35131.0106, and 35131.0107).
The request was initiated by the City. The City has had to perform on-going maintenance and weed control
in the unimproved alley. The right-of-way is not needed by the City and it would be better used by allowing
the adjacent property owners use of the property under private ownership as well as transfer of the
maintenance responsibility.
On April 19, 2022, the City Council consented to move Resolution 22-004 to the Consent Agenda for April
26, 2022. On May 31, 2022 City Council passed Resolution 22-008 amending Resolution 22-004 to
reschedule the public hearing date to July 14, 2022. The Planning Commission conducted a study session
on June 23, 2022 and a public hearing on July 14, 2022. The Planning Commission voted 6-1 to recommend
approval for the street vacation (STV-2022-0001) to the City Council.
SVMC 22.140.040 directs City Council to consider the Planning Commission’s findings, conditions and/or
limitations appropriate to preserve the public use or benefit, and the proposed division of the vacated right-
of-way among abutting property owners. In situations where the adjoining property owners apply for a
street vacation, City Council would decide whether to require compensation for the right-of-way and when
it is to be paid pursuant to Resolution 07-009. The City does not require payment for a vacation from the
property owners gaining property when the vacation is initiated by the City.
Division of Vacated Right-of-Way to Abutting Property Owners:
Half of the 20-feet wide alley way shall be granted to the adjacent property owners with the exception of
the two parcels located at the corner of the L-shaped alleyway (parcel number 35134.0106 and 35131.0101).
The distribution of right-of-way in this area is irregular.
Compensation for Right-of-Way:
Since the City initiated the application, the City will not charge fees for the application process, nor will it
seek compensation for the value of the land being vacated.
OPTIONS: Move to advance to a second reading with or without further amendments.
RECOMMENDED ACTION OR MOTION: Move to advance Ordinance 22-014 to a second reading at
the September 6, 2022 Council meeting.
BUDGET/FINANCIAL IMPACTS: None.
STAFF CONTACT: Lori Barlow, AICP, Senior Planner
ATTACHMENTS:
1. Draft Ordinance 22-014
2. PowerPoint Presentation
3. Planning Commission Findings and Recommendations
4. Planning Commission Meeting Minutes for the following meetings:
a. June 23, 2022 - Approved
b. July 14, 2022 - Approved
c. July 28, 2022 - Draft
5. Staff Report and Recommendation to the Planning Commission including exhibits
6. Resolution 07-009
DRAFT
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 22-014
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, PROVIDING FOR A RIGHT-OF-WAY VACATION OF
APPROXIMATELY 7,400 SQUARE FEET OF UNOPENED ALLEYWAY
CONNECTING MISSION AVENUE TO PARK ROAD, AND PROVIDING FOR
OTHER MATTERS PROPERLY RELATING THERETO.
WHEREAS, on April 26, 2022 the City Council approved Resolution 22-004 and initiated the
street vacation and set the public hearing date for the Planning Commission to consider vacation of a 20
feet by 370 feet area of unimproved alley way that connects Mission Avenue to Park Road; and
WHEREAS, on May 31, 2022 the City Council approved Resolution 22-08 to amend Resolution
22-004 to reset the public hearing date to July 14, 2022; and
WHEREAS, on July 14, 2022, the Planning Commission held a public hearing; and
WHEREAS, following the hearing, the Planning Commission found that the notice and hearing
requirements of Spokane Valley Municipal Code (SVMC) 22.140.020 had been met; and
WHEREAS, the Planning Commission findings and minutes have been filed with the City Clerk
as part of the public record supporting the vacation; and
WHEREAS, none of the property owners abutting the property to be vacated filed a written
objection to the proposed vacation with the City Clerk; and
WHEREAS, Pursuant to SVMC 22.140.040 and Resolution 07-009, since the city initiated the
vacation no compensation is required for the vacation; and
WHEREAS, pursuant to chapter 22.140 SVMC, upon vacation of the road, the City shall transfer
the vacated property to abutting property owners, the zoning district designation of the properties
adjoining the street shall attach to the vacated property, a record of survey shall be prepared by the City,
and all direct and indirect costs of title transfer to the vacated street shall be paid by City; and
WHEREAS, the City Council desires to vacate the above alley way that connects Mission
Avenue to Park Road pursuant to chapter 22.140 SVMC.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, do ordain as follows:
Section 1. Findings of Fact. The City Council makes the following findings of fact:
1. The area proposed to be vacated abuts the rear portion of seven parcels. Each parcel takes
direct access from the front of the lot abutting either Mission Avenue, Bowman or Park
Road. AVISTA and LUMEN (formerly Century Link) have utilities located in the alleyway
and have requested to retain rights for the maintenance, construction, and reconstruction as
required. AVISTA has determined specifically where the easement will be located, but
LUMEN has not specified the exact location of the aerial utilities to date but will be required
to do so prior to finalizing the vacation. It is assumed that the aerial utilities are attached to
the AVISTA poles. The vacation is expected to have no impact on the general public.
2. The area proposed to be vacated is currently unimproved vacant land not being used for
public access and is not required for current or future public access. Stormwater
improvements are in Mission Avenue and Park Road. Stormwater improvements are not
needed. Since the lots are fully developed, future stormwater improvements are not
anticipated.
Ordinance 22-014 – Vacating an alley way from Mission Avenue to Park Road Page 1 of 3
DRAFT
3. There is no substitution proposed as part of the vacation. The City’s review has determined
no need for a new or different public way in this location. All lots abutting the alleyway
have access from either Mission Avenue, Park Road or Bowman Road.
4. The surrounding properties are developed and take access from the improved streets. It is
not anticipated that changes would occur in the future that would require the use of the
subject right-of-way for public access.
5. Notice of the public hearing was made by posting written notice at City Hall, CenterPlace,
and the valley library; publishing notice in the Spokane Valley Herald, posting both ends of
the right-of-way to be vacated, and a direct mailing to property owners adjacent to the
proposed vacations. To date, no objections by the public or governmental agencies have
been received.
6. Resolution 07-009 was adopted pursuant to RCW 35.79.030 to set the City’s policy for
imposing vacation charges. In situations where the adjoining property owners apply for a
street vacation, City council would decide whether to require compensation for the right-of-
way and when it is to be paid pursuant to Resolution 07-009. The City does not require
payment for a vacation from the property owners gaining property when the vacation is
initiated by the City.
Section 2. Property to be Vacated. Based upon the above findings, the City Council does
hereby vacate the street or alley which is incorporated herein by reference, and legally described as
follows:
The unnamed Alley located between and adjacent to Lots 1 through 6, Block 1, Park Road
Addition, recorded in Book 1 of Plats, page 38, records of Spokane County, Washington in the
Northeast Quarter of the Northeast Quarter of Section 13, Township 25 North, Range 43 East,
Willamette Meridian.
Situate in the City of Spokane Valley, County of Spokane, State of Washington.
Section 3. Division of Property to be Vacated. Pursuant to RCW 35.79.040 and SVMC
22.140.040(C), the vacated portion of the street or alley shall belong to the abutting property owners, one-
half to each, unless factual circumstances otherwise dictate a different division and distribution of the
street or alley to be vacated. There are seven abutting owners and all of the property will become part of
the abutting parcels equally, with the exception of parcel numbers 35131.0106 and 35131.010. The
property abutting these two parcel numbers shall be divided amongst those two parcels as evenly and
practically allowed due to the irregular configuration. The completion of the vacation shall be recorded in
the record of survey which shall be created and recorded with Spokane County as required pursuant to
SVMC 22.140.090.
ection 4. Zoning. The zoning designation for the vacated property shall be the designation
S
attached to the adjoining properties as set forth within the respective property or lot lines. The City
Manager or designee is authorized to make this notation on the official Zoning Map of the City.
ction 5. Conditions of Vacation. The following conditions shall be fully satisfied prior to
Se
the transfer of title by the City.
1. The vacated property shall be transferred to the owner of the abutting parcels
(35131.0101, 35131.0102, 35131.0103, 35131.0104, 35131,0105, 35131.0106, and
35131.0107) as shown on the record of survey created and recorded with Spokane
County Auditor’s Office pursuant to condition 4. Such property shall become part of
each abutting parcel.
2. The City shall establish an easement acceptable to AVISTA for access and preservation
of existing services within the area to be vacated. The location and recording number
Ordinance 22-014 – Vacating an alley way from Mission Avenue to Park Road Page 2 of 3
DRAFT
shall be shown on the record of survey
3. The City shall establish an easement acceptable to Lumen (Century Link) for access and
preservation of existing services within area to be vacated. The location and recording
number shall be shown on the record of survey
4. Following the City Council’s passage of the Ordinance approving the street vacation, a
record of survey of the area to be vacated, prepared by a registered surveyor in the State
of Washington, including an exact metes and bounds legal description, and specifying
any and all applicable easements for construction, repair and maintenance of existing
and future utilities and services, shall be completed.
5. The zoning district designation of the properties adjoining the street to be vacated shall
be automatically extended to the center of such vacation, and all area included in the
vacation shall then and henceforth be subject to all regulations of the districts. The
adopting Ordinance shall specify this zoning district extension inclusive of the
applicable zoning district designations.
6. The record of survey and certified copy of the Ordinance shall be recorded by the City
Clerk in the office of the Spokane County Auditor.
7. All conditions of City Council authorization shall be fully satisfied prior to any transfer
of title by the City.
Section 6. Closing. Following satisfaction of the above conditions, the City Clerk shall
record a certified copy of this Ordinance in the office of the County Auditor, and the City Manager is
authorized to execute and finalize all necessary documents to complete the transfer of the property
identified herein.
Section 7. Severability. If any section, sentence, clause or phrase of this Ordinance shall 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 8. Effective Date. This Ordinance shall be in full force and effect five days after
publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane
Valley as provided by law.
PASSED by the City Council this _____ day of _____________, 2022.
ATTEST:
Pamela Haley, Mayor
Christine Bainbridge, City Clerk
Approved As To Form:
Office of the City Attorney
Date of Publication: ___________________
Effective Date: _______________________
Ordinance 22-014 – Vacating an alley way from Mission Avenue to Park Road Page 3 of 3
Park Road
Park Road
vacatedRoad
Survey recorded
Ordinance and Record of
Staff Review
Conditions satisfied
City Council
Planning Commission
City Council sets public hearing
street vacationinitiated-City
Park
Road
FINDINGS AND RECOMMENDATIONS
OF THE SPOKANE VALLEY PLANNING COMMISSION
Pursuant to Spokane Valley Municipal Code (SVMC)17.80.150(E) the Planning Commission shall
consider the proposal and shall prepare and forward a recommendation to the City Council
following the public hearing.The following findings are consistent with thePlanning
Commission’s decision to recommend approvalof File No. STV-2022-0001.
A.Background:
1.Chapter 22.140 SVMC, governing street vacations,wasadopted in September 2007 and
became effective on October 28, 2007.
2.STV-2022-0001 is a City-initiated street vacationofa 20footwidealleyway extending
from Mission Avenue to Park Avenue. Thealleyway is an ‘L’ shaped portion of
unimproved right-of-way(ROW)approximately 7,900 square feet in size.
3.The Planning Commission held aproperly noticedpublic hearingand conducted
deliberationsonJuly 14, 2022. The Planning Commission voted6-1to recommend
approval of STV-2022-0001 to the City Council.
B.Planning Commission Findings:
Compliance with SVMC 22.140.030
1.Whether a change of use or vacation of the street or alley will better serve the public.
The area proposed to be vacated abuts seven parcels. Each parcel takes direct access from
the front of the lot abutting either Mission Avenue, Bowman or Park Road. AVISTA and
LUMEN (formerly Century Link) have utilities located in the alleyway and have requested
to retain rights for the maintenance, construction, and reconstruction as required.
AVISTA has determined specifically where the easement will be located, but LUMEN has
not specified the exact location of the aerial utilities to date but will be required to do so
prior to finalizing the vacation. It is assumed that the aerial utilities are attached to the
AVISTA poles. The vacation is expected to have no impact on the general public.
2.Whether the street or alley is no longer required for public use or public access.
Thearea proposed to be vacated is currently unimproved vacant land not being used for
public access and is not required for current or future public access. Stormwater
improvements are inMission Avenue and Park Road. Stormwater improvements are not
needed. Since the lots are fully developed, future stormwater improvements are not
anticipated.
3.Whether the substitution of a new and different public way would be more useful to
the public.
There is no substitution being proposed as part of the vacation. The City’s review has
determined no need for a new or different public wayin this location. All lots abutting the
alleywayhave access from either Mission Avenue, Park Road or Bowman Road.
Findings and Recommendations of the Spokane Valley Planning CommissionSTV-2022-0001Page 1of 3
4.Whether conditions may so change in the future as to provide a greater use or need
than presently exists.
Thesurrounding properties are developed and take access from the improved streets.
There are noanticipated changes in the future that would require the use of the subject
ROWfor public access.
5.Whether objections to the proposed vacation are made by owners of private property
(exclusive of petitioners) abutting the street or alley or other governmental agencies
or members of the general public.
Notice of the public hearing was made by posting written notice at City Hall, CenterPlace,
and the Spokane County Library Districtlibraryfacility in Spokane Valley; publishing
notice in the Spokane Valley Herald, posting both ends of the ROWto be vacated, and a
direct mailing to property owners adjacent to the proposed vacations. To date, no
objections by the public or governmental agencies have been received.
C.Conclusions:
The findings confirm that the criteria set forth in SVMC 22.140.030 have been met.
D.Recommendation:
The Spokane Valley Planning Commission therefore recommendsthe City Council
approve STV-2022-0001.
1.The vacated property shall be transferred to the ownersof the abutting parcels (35131.0101,
35131.0102, 35131.0103, 35131.0104, 35131,0105, 35131.0106, and 35131.0107) as
shown on the record of survey created and recorded with Spokane County Auditor’s Office
pursuant to condition 4 below. Such property shall become part of each abutting parcel.
2.The City shall establish an easement acceptable to AVISTA for access and preservation of
existing services within the area to be vacated. The location and recording number shall be
shown on the record of survey
3.The City shall establish an easement acceptable to LUMENfor access and preservation of
existing services withinthearea to be vacated. The location and recording number shall be
shown on the record of survey
4.Following the City Council’s passage of the Ordinance approving the street vacation, a
record of survey of the area to be vacated, prepared by a registered surveyor in the State of
Washington, including an exact metes and bounds legal description, and specifying any
and all applicable easements for construction, repair and maintenance of existing and future
utilities and services, shall be completed.
5.The zoning district designation of the properties adjoining the street to be vacated shall be
automatically extended to the center of such vacation, and all area included in the vacation
shall then and henceforth be subject to all regulations of the districts. The adopting
Ordinance shall specify this zoning district extension inclusive of the applicable zoning
district designations.
Findings and Recommendations of the Spokane Valley Planning CommissionSTV-2022-0001Page 2of 3
6.The record of survey and certified copy of the Ordinance shall be recorded by the City
Clerk in the office of the Spokane County Auditor.
7.All conditions of City Council authorization shall be fully satisfied prior to any transfer of
title by the City.
th
Approved this 28
day ofJuly, 2022
______________________________
Planning Commission,Chairman
ATTEST
____________________________
Marianne Lemons, Office Assistant
Findings and Recommendations of the Spokane Valley Planning CommissionSTV-2022-0001Page 3of 3
MeetingMinutes
Spokane Valley Planning Commission
Council Chambers –City Hall
July 28, 2022
I.Planning Commission Chairman McKinley called the meeting to order at 6:00p.m.The
meeting was held in person and via ZOOM meetings.
II.The Commissioners, staff, and audience stood for the Pledge Of Allegiance
III.Planning Commission Secretary Marianne Lemons took attendance, and the following
members and staff were present:
Fred BeaulacTony Beattie, City Senior Deputy Attorney
Susan DelucchiChaz Bates, Planning Manager
Karl GranrathLori Barlow, Senior Planner
Walt HanekeNikki Kole, IT Specialist
Bob McKinleyMarianne Lemons, Administrative Assistant
Nancy Miller
Sherri Robinson
IV.AGENDA:CommissionerHanekemoved to approve the July 28,2022agendaas
presented.There was no discussion.The vote on the motion was seven in favor, zero against
and the motion passed.
V.MINUTES: Commissioner Beaulac moved to approve the July 14, 2022 minutes as
presented.There was no discussion. The vote on the motion was seven in favor, zero against
and the motion passed.
VI.COMMISSION REPORTS: There were no Planning Commission reports.
VII.ADMINISTRATIVE REPORT:Senior Planner Chaz Bates stated that the City has hired a
new planner, Greg Norris.
VIII.PUBLIC COMMENT:There was no public comment.
IX.COMMISSION BUSINESS:
a.Findings of Fact: STV-2022-0001-Street Vacation of Right-of-WayBetween
Mission Avenue And Park Road
Senior Planner Lori Barlow presented the Findings of Fact for STV-2022-0001 for
07-28-2022Planning Commission MinutesPage 2of 4
the street vacation of right-of-way (ROW) between Mission Avenue and Park Road.
She stated that the Planning Commission held a public hearing on the proposed street
vacation at the July 14, 2022 meeting. After receiving public testimony, the Planning
Commission moved and voted 6-1 to recommend approval to the City Council. She
explained that the approval ofthe Findings Of Fact would formalize the
recommendations that were made at the public hearing.
Commissioner Miller moved to approve the Findings of Fact for STV-2022-0001 as
presented.There was no discussion. The vote on the motion was seven in favor, zero
against, and the motion passed.
b. Public Hearing: STV-2022-0002: Street Vacation of 1,553 square feet of
unimproved right-of-way intersecting with Appleway Boulevard.
The public hearing was opened at 6:15p.m.
Senior Planner Lori Barlow gave a presentationregarding STV-2022-0002.She
explained that the request was for a privately initiated street vacation to vacate 1,553
square feet of unimproved ROW intersecting with Appleway Boulevard. The
property is located about 800’ west of Barker Road and is on the northside of
Appleway Boulevard. It is a an irregularly shaped segment of an unimproved
alleyway that is about twenty feet wideand extends about seventy-fivefeet.
Ms. Barlow explained that a study session was held at the July 14, 2022 meeting and
noticing of the public hearing was posted on each end of the area to be vacated, was
posted in three places within the City, was mailed to property owners abutting the
vacation, and was published twice in the Valley Herald and the Exchange.
Ms. Barlow stated that the street vacation request was sent out to all associated
agencies and the City received requests for conditions from Consolidated Irrigation
District #19 and Avista Utilities for utility easements where their utilities are located.
She explained that the water utilities are inthe current easement,but Avista has a
small portion that is located outside of the current easement boundaries. She
requested that the Planning Commission add a condition of approval to grant an
easement that is acceptable to Avista to encompass alltheir utility lines. In addition
to the utility easements, an access easement to the adjacent property owned by Major
and Corinna Bambino will be retained.
Ms. Barlow stated that the staff analysis showed that the requested street vacation
does meet the criteria outlined in the codeand staff recommended that it should be
approved with the conditions outlined in the staff report and the additional condition
for Avista.
Commissioner Haneke commentedthat the area is full of inoperable vehicles and
garbage that is a public nuisance. Ms. Barlow responded that the area has been
reported to the City Code Enforcement Department for determination of code
violations.
The item was opened for public comment:
07-28-2022Planning Commission MinutesPage 3of 4
The applicant,Jeremy Hopson with Cameo Lofts, LLC(Plummer, ID) stated that he
has reviewed the staff reportand is willing to comply with allthe required conditions
of approval(including the addition of the requirement for Avista). He explained that
the reason he is requesting the street vacation is to add some additional amenities to
the clubhouse that is adjacent to the proposed street vacation area.
The property owner, Major Bambino (Spokane Valley) stated that he is in opposition
of the street vacation because he is concerned that the vacation will eliminate access
to the lower garage area.
The property tenant, David Beech (Spokane Valley) stated that he is renting the
Bambino property and was alsoin opposition to the street vacation because it would
eliminate his access to the lower level of the garage building.
Commissioner Delucchi asked the applicant about the access easement. Mr. Hopson
responded that the access easement exists and was recorded in 1974. He explained
that itwould be retained if the street vacation was approved,and the remaining
vacated area would be used to provide yard games for the clubhouse. Ms. Barlow
confirmed that the access easement was recorded with Spokane County under auditor
number 901810A and it will be retained as part of the street vacation process.
Commissioner McKinley asked if the access easement extends all the way to the
garage door of the building. Ms. Barlow responded that she assumed it would extend
all the way but couldn’t confirmdefinitively.
The public hearing was closed at 7:08 p.m.
Commissioner Beaulac movedto recommendapproval of STV-2022-0002, subject to
the staff conditions, including an additional condition to grant an easement that is
acceptable to Avista to encompass alltheir utility lines.
Commissioner Haneke stated that he did not want to recommend approval until it was
confirmed that the applicant had adequate access through the access easement.
There was a lengthy discussionregarding access to the Bambino property and if it
wasadequate for the tenant to get to all areas of the property.
Commissioner Beaulac moved to withdraw his recommendation to approve motion.
There was no discussion. The vote on the motion was seven in favor, zero against,
and the motion passed.
Commissioner Delucchi moved to reopen the public hearing at 7:45 p.m. There was
no discussion. The vote on the motion was seven in favor, zero against, and the
motion passed.
Commissioner Delucchi moved to continuethe public hearingto the August 11, 2022,
meeting so that additional information could be presented regarding the access
easement.There was no discussion. The vote on the motion was seven in favor, zero
against, and the motion passed.
X.GOOD OF THE ORDER:Chairman McKinley stated that he will not be at the next
meetingand Vice-Chair Robinson will be chairing the meeting.
07-28-2022Planning Commission MinutesPage 4of 4
XI.ADJOURNMENT:Commissioner Beaulacmoved to adjourn the meeting at 7:53p.m.The
vote on the motion was seven in favor, zero against and the motion passed.
_________________________________________________________________
Bob McKinley, ChairDate Signed
____________________________________
Marianne Lemons,Secretary
C OMMUNITYAND P UBLIC W ORKS
B UILDING &P LANNING
S TAFF R EPORT AND R ECOMMENDATION TO THE
P LANNING C OMMISSION
F ILE:STV-2022-0001
STAFF REPORTDATE: June 29,2022
FILE NO: STV-2022-0001
PROPOSAL DESCRIPTION:City initiated street vacation request to vacate approximately
7,400 square feet of unimproved right-of-way extending from Mission Avenue to Park Road.
STAFF PLANNER: Lori Barlow, SeniorPlanner
APPLICANT:City of Spokane Valley
PROPERTYOWNER:City of Spokane Valley
PROPOSALLOCATION:The right-of-way proposed to be vacated is approximately 135feet
west of the Mission Avenue and Park Roadintersectionandadjacent to sevenparcels
(35131.0101,35131.0102, 35131.0103, 35131.0104, 35131,0105, 35131.0106, and 35131.0107);
the site isfurther located in the NE quarterof Section 13, Township25 North, Range 43East,
Willamette Meridian, Spokane Valley, Washington
BACKGROUND:
On April 26, 2022,City Councilapproved Resolution No. 22-004 to initiatethestreet vacation
process to consider the vacation of the unimproved alleyway that connects MissionAvenue to Park
th
Road.ResolutionNo.22-004 also set the public hearing date for June 9, 2022. Due to
scheduling conflicts, the hearing was rescheduled to July 14, 2022 by Resolution No. 22-008.
The right-of-way proposed to be vacatedis located approximately 135feet westof the intersection
of Mission Avenue and ParkRoad. The right-of-way, which isanL-shaped20’wide unimproved
alleyway, extendssouth from Mission Avenue for ~260feetand then veers east ~125feetto Park
Road.The right ofway was dedicated by the Park Road Addition Plat, recordedin 1949,and lies
adjacent to parcels 35131.0101,35131.0102, 35131.0103, 35131.0104, 35131,0105, 35131.0106,
and 35131.0107.
The City initiated the request for the following reasons:
1.The ROW is unimproved andiscurrently usedonlyby the adjacent properties;
2.Weeds and debris accumulate in the ROW and require Citymanagement;
3.The ROW is not needed by the City for connectivity;and
Staff Report and Recommendation STV-2022-0001Page 1of 5
June 27, 2022
4.Ifthe property is vacated, it can be utilized by the adjacent property owners for private use
and management.
A PPROVAL C RITERIA:
1.Chapter 22.140 SVMC –Street Vacations
2.City of Spokane Valley Street Standards
A TTACHMENTS:
Exhibit 1: Vicinity Map
Exhibit 2: Aerial Map
Exhibit 3: Notice of Public Hearing
Exhibit4: Agency Comments
I.P ROPERTY I NFORMATION
Size and Characteristicsof The area to be vacated is unimproved right-of-wayand
proposed vacation:totalsapproximately7,400 squarefeet.
Adjacent Comprehensive Plan Single Family Residential(SFR)
Designation:
Adjacent Zoning:Single-Family Residential(R-3)
AdjacentLand Use(s):Single Family Residential and aTri-plex
II.S TAFF A NALYSIS OF S TREET V ACATION P ROPOSAL
A.C OMPLIANCE WITH SVMC22.140.030
Findings:
1.Whetherachange of use or vacation of the streetor alley will better serve the public?
The area proposed to be vacated abuts therear portion of seven parcels. Each parcel takes
directaccess from the front of the lot abutting eitherMission Avenue, Bowman or Park Road.
AVISTAandLUMEN(formerly Century Link)have utilities located in the alleyway and
have requested to retain rights for the maintenance, construction, and reconstruction as
required.AVISTA has determined specifically where the easement will be located, but
LUMEN has notspecified theexact location of theaerial utilitiesto date butwill be required
to do so prior to finalizing the vacation.It is assumed that the aerial utilities are attached to
the AVISTA poles. The vacation isexpected to haveno impact on the general public.
2.Whether the street or alley is no longer required for public use or public access?
Thearea proposed to be vacated is currently unimproved vacant land not beingusedforpublic
access and is not required for current or future public access.Stormwaterimprovementsare
located in Mission Avenue and Park Road.Stormwater improvements are not needed to serve
the alley, and the entrance to the alley is not conduciveto further stormwater improvements due
toits proximity to roadway crests. Since the lots are fully developed, future stormwater
improvements are not anticipated.
Staff Report and Recommendation STV-2022-0001Page 2of 5
June 27, 2022
Whether the substitution of a new anddifferent public way would be moreuseful tothe
3.
public?
There is nosubstitution being proposed as part of the vacation.The City’s review has
determined no need for a new ordifferent public way.The alleyway is unimproved and has not
provided access. All lotsabutting the easement have access from either MissionAvenue, Park
Road or Bowman Road.So long asaccess easements are provided forthe electrical and
communicationfacilities, the public interest is served.
4.Whether conditions may so change in thefuture as to provide a greater use orneed than
presently exists?
The surrounding properties are developedand take access from the improved streets.It is not
anticipated that changes would occur in the futurethat would require the use of the subject
right-of-way for public access.
5.Whether objections to the proposed vacation are made by owners of private property
(exclusive of petitioners) abutting the street or alley or other governmental agencies or
members of thegeneral public?
Notice of the public hearing was made by posting written noticeat City Hall, CenterPlace, and
the valley library; publishing notice in the Spokane Valley Herald,posting both ends of the
right-of-way to be vacated, anda direct mailing to property owners adjacent to the proposed
vacations. To date, no objectionsby the public or governmental agencieshave been received.
Conclusions:
The findings confirm criteria set forth in SVMC22.140.030 have been met.
B.C OMPLIANCE WITH T ITLE 21SVMC–E NVIRONMENTAL C ONTROLS
The Planning Division has reviewed the proposedproject and has determined that the project is
categorically exempt pursuantto WAC 197-11-800(2)(i)and SVMC21.20.040 from
environmental review under the provisions of the State Environmental Policy Act (SEPA).
III.P
UBLIC C OMMENTS
Findings:
No public comments were receivedfollowing the notice of public hearing posted onJune 24,
2022and emailed and mailed on June 24, 2024.
A Notice of Public Hearing sign wasposted on June 24, 2022on each end of area proposed to be
vacated. Notices were posted in theSpokane ValleyPublic Library,City of Spokane Valley main
reception area and CenterPlace Event Center on June 24, 2022.The public hearing notice was
mailed to all owners adjacent to thearea proposed tovacatedonJune 24, 2022.Staff and agencies
werenotified of the request onApril 15, 2022and noticed again on June 27, 2022.Lastly, the
notice was published in the Spokane Valley Herald onJune 24, 2022and July 1, 2022.
Conclusion(s):
The City has met the noticing requirements forstreet vacationsas required inSVMC
22.140.020(F)
Staff Report and Recommendation STV-2022-0001Page 3of 5
June 27, 2022
IV.A
GENCY C OMMENTS
Request for commentsfrom agenciesandserviceproviders was sent on April 15, 2022as part of
the initialassessmentof the street vacation.Noticeof public hearingwas provided to agencies
and service providersagain onJune 27, 2022.Comments were received from the following
agencies and are attached as exhibits to this staff report. Wherenecessary, comments have been
incorporated into the recommended conditions of approval in Section V.
AgencyReceived Comments
CommentsDated
City of Spokane Valley Public Works-EngineeringYes6-14-2022
City of Spokane Valley Public Works–StormwaterYes6-14-2022
City of Spokane Valley Public Works-TrafficNo
City of Spokane Valley PublicWorks–MaintenanceYes6-14-2022
Spokane Valley Fire District No.1Yes9-8-21
Spokane County Environmental ServicesYes4-19-2022
Spokane Regional Health DistrictYes6-3-2022
Yellowstone PipelineYes4-18-2022
Spokane County Water District #3Yes4-18-2022
Avista UtilitiesYes4-26-2022
Century Link(Lumen)Yes4-22-2022 and
6-3-2022
ComcastNo
Findings:
The applicationwas routed to jurisdictional agencies, utilities, and public districts for review and
comment. The City’s Departmentof Public Worksincluding stormwater, maintenance, and
development engineering had noobjections or comments on the street vacation request.
Avistahaselectricaldistribution facilities within the right-of-wayand requests a10-foot-wide
easement along the west boundaryand the south boundary of the alleyway. Lumen, previously
known as CenturyLink,hasaerial cable facilitiesin the alleyway and requests10-foot-wide
easement for the maintenance, construction and reconstructionof the facilities.At this time
Lumenhas not identifiedthe exact location of the utilities butwill be required to do so prior to
finalizing the vacation.As noted previously, it is assumed the aerial utilities are located on Avista
poles.
Conclusion(s):
Staff concludes that jurisdictional agencies, utilities, and or public districts have no concerns
regarding the proposed street vacation of the alley way extending fromMission Avenue to Park
Road so long as conditions aremet.
Staff Report and Recommendation STV-2022-0001Page 4of 5
June 27, 2022
V.O VERALL C ONCLUSIONS AND F INDINGS
Staff concludes that STV-2022-0001as proposedis consistent,or will bemade consistent,through
the recommendedconditions ofapproval basedon the approval criteria stated herein.
R ECOMMENDATION:
Approve the requestto vacate 20 feetby370feet of L-shaped alleyway extendingfrom Mission
Avenue to Park Road adjacent to seven parcels (35131.0101,35131.0102, 35131.0103,
35131.0104, 35131,0105, 35131.0106, and 35131.0107)subject to the following:
1.The vacated property shall be transferred to the owner of the abutting parcels (35131.0101,
35131.0102, 35131.0103, 35131.0104, 35131,0105, 35131.0106, and 35131.0107)as shown on
the record of survey created and recorded with Spokane County Auditor’s Office pursuant to
condition 4.Such property shall become part of each abutting parcel.
2.The City shall establish an easement acceptable to AVISTA for access and preservation of
existingservices within the area to be vacated.Thelocation and recording number shall be
shown ontherecord of survey
3.The City shall establishan easement acceptable to Lumen(Century Link)for access and
preservationof existingservices within area to be vacated.Thelocation and recording number
shall be shown ontherecord of survey
4.Following the City Council’s passageof the Ordinance approving the street vacation, a record
of survey of the area to be vacated, prepared by a registered surveyor in the State of
Washington, including an exact metesand bounds legal description, and specifying any and all
applicable easements for construction, repair and maintenance of existing and future utilities
and services, shall becompleted.
5.The zoning district designation of the properties adjoining the street to be vacated shall be
automaticallyextended to the center of such vacation, and all area included in the vacation shall
then and henceforth be subject to all regulations of the districts. The adopting Ordinance shall
specify thiszoning district extension inclusive of the applicable zoning district designations.
6.The record of survey and certified copy of the Ordinance shall be recorded by the City Clerk in
the office of the Spokane County Auditor.
7.All conditions of City Council authorization shall be fully satisfied prior to any transfer of title
by the City.
Staff Report and Recommendation STV-2022-0001Page 5of 5
June 27, 2022
Community & Public WorksDepartment
Building & Planning Division
NOTICE OF PUBLIC HEARING
For Street Vacation
T HE S POKANE V ALLEY C OMMUNITY &P UBLIC W ORKS IS SENDING THIS NOTICE OF PUBLIC HEARING TO ALL
PROPERTY OWNERS ABUTTING THE STREET OR ALLEY TO VACATEDBASED ON THE MOST CURRENT RECORDS
FROM THE S POKANE C OUNTY A SSESSOR’S OR T REASURER’S O FFICE.
Hearing Date: Thursday, July 14, 2022beginning at 6:00 p.m.
The required public hearing for Street Vacation Application STV-2022-0001 shall be conducted before the Spokane Valley
Planning Commission in such manner as provided by lawonJuly 14, 2022, beginning at 6:00 p.m., or as soon thereafter as
practical.
Meeting Details:The hearing will be conducted in person, with the option to attend remotely using web and telephone
conference tools.Join Zoom meeting by computer, smartphone, or tablet at: A link to the Zoom meeting will be provided on
the agenda and posted to theCity’s webpage: www.spokanevalley.org/planningcommission.
Application/Description of Proposal:Request to vacate a 20’ wide alleyway extending from Mission Avenue to Park Avenue.
The area is an ‘L’ shaped portion of unimproved right-of-way approximately 7,900 square feet in size.
Applicant: City of Spokane Valley
Owner: City of Spokane Valley
Location of Proposal: The right-of-way proposed to be vacated is located approximately 135 feet west of the Mission Avenue
and Park Road intersection, adjacent to seven parcels (35131.0101 and 35131.0102, 35131.0103, 35131.0104, 35131,0105,
35131.0106, and 35131.0107), further located in the NE quarter of Section 13, Township 25 North, Range 43 East, Willamette
Meridian, Spokane Valley, Washington.
Environmental Determination: The Planning Division has reviewed the proposal/project and has determined that the project
is categorically exempt pursuant to WAC 197-11-800 and City of Spokane Valley Municipal Code (SVMC); Title 21
(Environmental Controls) from environmental review under the provisions of the State Environmental Policy Act (SEPA).
Approval Criteria: Section 22.140 (Street Vacations) of the City of Spokane Valley Municipal Code (SVMC); Title 21
(Environmental Controls) of the City of Spokane Valley Municipal Code; the City of Spokane Valley Street Standards; the
Regional Stormwater Manual; and the Spokane Regional Health District regulations.
Hearing Process: The Planning Commission will conduct the hearing pursuant to the rules of procedure adopted in SVMC
Title 18 (Boards and Authorities). The Commission holds the public hearing to receive comments and forwards a
recommendation to the City Council for an ordinance adoption.
The public is encouraged to provide comment in person at the hearing, or to submit written comments prior to the hearing by
sending the comments to Lori Barlow, 10210 E Sprague Ave, Spokane Valley, WA 99206, or email to
LBarlow@spokanevalley.org. Comments will need to be submitted no later than 4:00 PM on July 14, 2022 in order for them
to be received and prepared for submission into the record. Comments received will be entered into the record at the time of
the public participation portion of the Public Hearing. Comments received through US Mail will be included if they are received
prior to the hearing.
All interested persons may testify at the public hearing in person or via the zoom meeting address and/or phone number.
Interested persons will need to sign up via ZOOM to speak no later than 4:00 p.m. on July 14, 2022 at the link provided in the
agendaposted at the link referenced above. Use the link above to sign up for oral public comments. The link will direct you to
directions to sign up for oral public comments. This is not an opportunity for questions or discussion. Remarks will be limited
to three minutes per person. Written comments and documents may only be submitted prior to the hearing. Any appeal of the
decision will be based on the record established before the Planning Commission, pursuant to SVMC 17.90 (Appeals).
Staff Report and Inspection of File: A staff report will be available for inspection seven (7) calendar days before the hearing.
The staff report and application file may be inspected by logging on to the Spokane Valley SmartGov Public Portal at this web
address:ci-spokanevalley-wa.smartgovcommunity.com/Public/Home. Go to applications and search for STV-2022-0001
to review or download the staff report. If you have any questions, please contact Lori Barlow, Senior Planner, Building &
Planning Division, at LBarlow@spokanevalley.org
STV-2022-0001Notice of Public Hearing Page 2 of 2
Attachment 1: Park Road Addition Plat
Area to be
vacated
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date:August 30, 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: Balfour Park Improvements – AHBL Amendment
#2
GOVERNING LEGISLATION: N/A
PREVIOUS COUNCIL ACTION TAKEN:
08/28/2007 Admin Report; Consensus to move forward with a Feasibility Study for
Balfour Park
09/11/2012 Administration Report - Spokane County Library District (SCLD) Interlocal
Agreement
09/25/2012 Passed motion to execute SCLD Interlocal Agreement for sale of a
portion of the undeveloped Balfour Park to SCLD
10/29/2013 Passed motion to accept Balfour Park/Library Conceptual plan
12/17/2013 Passed motion to approve Resolution 13-013, adopting the Park & Rec
Master Plan 2013 Update
07/25/2017 Passed motion to approve 2017 amendments to the SCLD Interlocal
Agreement for the sale of a portion of the undeveloped Balfour Park to
SCLD
11/12/2019 Passed motion to approve Resolution 19-015 adopting the Park & Rec
Master Plan 2019 Update
01/26/2021 Administration Report - SCLD Update by Director Patrick Roewe
02/09/2021 Passed motion to approve 2021 amendments to the SCLD Interlocal
Agreement for sale of a portion of the undeveloped Balfour Park to SCLD
07/06/2021 Passed motion to authorize contract with AHBL for Park Design services
07/27/2021 Administration Report – SCLD Library Design Update
08/17/2021 Administration Report – Balfour Park Design Update
08/24/2021 Administration Report – Potential & Pending Projects, with Council
consensus to allocate $2M for the Balfour Park Concept
10/26/2021 Administration Report – Balfour Park Design Update
12/14/2021 Administration Report – Balfour Park Design and Bid Update
03/15/2022 Potential Grant Opportunity – Recreation and Conservation Office (RCO)
04/12/2022 Administration Report – Balfour Park Design and Bid Update
BACKGROUND:
On July 6, 2021, Council authorized the City Manager to execute a contract with AHBL, Inc.
(AHBL) for design services of the Balfour Park Expansion. The design was to be completed in
two phases. The Phase 1 project consisted of the main park infrastructure including excavation
and grading, water, electric and sewer utilities, some of the park pathways and lighting system,
the easterly parking lot, some landscaping/irrigation, and the new restroom building.
Construction of the Phase 1 project was estimated at $3.1M.
Page 1 of 3
The Phase 2 project was to include the architectural park elements identified in the adopted
Master Plan which consist of an events plaza, signature playground, splash pad, picnic shelter,
sports courts, veterans’ memorial, amphitheater, and a walking/interpretive trail.
The City’s anticipated costs and project budget for Phase 1 project is shown below:
Project Costs Project Budget
Preliminary Engineering $ 470,500 City Fund 312 $3,875,023
Construction $3,404,523
Total Estimated Costs $3,875,023 Total Budget $3,875,023
The design and construction documents for the Phase 1 project were completed and staff
advertised for construction bids on February 18, 2022. Three bids were opened on March 18,
2022. Unfortunately, the bids were substantially over the engineer’s estimate and project
budget. The low bid for the base project work was $5.0M and the high bid was $5.7M. Staff
reviewed the bids and discussed with the consultant as well as a few contractors. While the
engineer’s estimate from the consultant for Phase 1 was low, there were some unprecedented
circumstances that contributed to the bid increase situation as follows:
Substantial inflation, locally and across the nation
Construction cost increases of more than 20%
Contractor availability and labor shortages, locally and across the nation are significantly
impacting costs
Timing of the project bid
The design team has identified the following cost-saving opportunities to incorporate in the bid
documents that will require redesign efforts:
Provide prefabricated restroom building instead of site-built
Provide smaller landscape boulders and reuse existing boulder from Library construction
Allow more irrigation pump supplier options and revise irrigation layout and equipment.
Use cast-in-place seatwalls instead of concrete masonry unit (CMU) seatwalls
Replace reinforced turf with concrete strips for plaza vehicle access
Reduce site conduits and eliminate those that are not needed for this phase while
providing sleeves under hardscape for future
Replace stamped concrete with plain/integral color/sand finishes
Provide bid-alternates to allow flexibility at bid award depending on costs/budget
AHBL provided a scope and fee proposal for this redesign effort. Staff also requested that they
include bidding and construction support services. The contract amendment amount, as shown
in the attached proposal, is $106,178.90. A summary of the contract is shown below.
Original Contract $ 326,173.04 Council Authorized
Amendment #1 $ 48,806.23 City Manager Authorized
Amendment #2 $ 106,178.90 This Request
Total Contract Amount $ 481,158.17
The amended contract amount with Amendment #2 is $481,158.17, which exceeds the City
Manager’s authority of 15 percent of contract amount or $350,000 whichever is less. If
authorized by Council, AHBL would begin the redesign efforts in September and staff
Page 2 of 3
anticipates advertising for construction bids later in December of this year with a planned bid
opening in early January for construction during the 2023 season.
OPTIONS: Authorize the City Manager to execute Amendment #2 with AHBL for the redesign
effort, bidding and construction support services, or take other appropriate action.
RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager to finalize and
execute Amendment #2 to the AHBL Agreement #21-116 resulting in a total contract amount
not to exceed $481,158,17.
BUDGET/FINANCIAL IMPACTS: Presently, money earmarked for Balfour Park in Capital
Reserve Fund #312 is approximately $3.875M. Additional funding of up to approximately
$500,000 may be available for the project as shared improvements through the Library District
MOU. No additional funding is required.
STAFF CONTACT: Gloria Mantz, City Engineer
ATTACHMENTS: AHBL Amendment #2
Page 3 of 3
CONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF
SPOKANE VALLEY AND AHBL, Inc.
Spokane Valley Contract #21-116.02
For good and valuable consideration, the legal sufficiency of which is hereby acknowledged, City and the
Consultant mutually agree as follows:
1. Purpose: This Amendment is for the Contract for design of Balfour Park Improvements by and between
the Parties, executed by the Parties on August 2, 2021, and which terminates on December 31, 2023. Said
contract is
2. Original Contract Provisions: The Parties agree to continue to abide by those terms and conditions of the
Original Contract and any amendments thereto which are not specifically modified by this Amendment.
3. Amendment Provisions: This Amendment is subject to the following amended provisions, which are
either as follows, or attached hereto . All such amended provisions are hereby incorporated
by reference herein and shall control over any conflicting provisions of the Original Contract, including
any previous amendments thereto.
4. Compensation Amendment History: This is Amendment #2 of the Original Contract. The history of
amendments to the compensation on the Original Contract and all amendments is as follows:
Date Compensation
Original Contract Amount August 2, 2021 $326,173.04
Amendment #1 January 2, 2022 $ 48,806.23
Amendment #2 September 2022 $106,178.90
Total Amended Compensation $481,158.17
The parties have executed this Amendment to the Original Contract this day of September 2022
CITY OF SPOKANE VALLEY: CONSULTANT / CONTRACTOR:
John Hohman By: Erick Fitzpatrick, Principal
City Manager Its: Authorized Representative
APPROVED AS TO FORM:
Office of the City Attorney
1
1. Paragraph 3 (Compensation) of the Original Contract is hereby amended to change the total
compensation paid from $326,173.04 to $481,158.17. Paragraph 3 of the Original Contract is amended
to read as follows:City agrees to pay Consultant an agreed upon hourly rate up to a maximum amount of
$481,158.17 as full compensation for everything done under this Agreement, as set forth in Exhibit B and the added
scope in Exhibit B.01(Amendment #1) and Exhibit B.02(Amendment #2). Consultant shall not perform any extra,
further, or additional services for which it will request additional compensation from City without a prior written
agreement for such services and payment therefore.
The City agrees to pay up to $481,158.17 as full compensation for everything furnished and done under
this contract, in accordance with the provisions outlined in the scope of work, as previously and/or presently
amended.
2. The Scope of Work, (Exhibit A) of the Original Contract, is hereby amended to include the following
additional tasks and/or services:
Consultant shall provide redesign efforts of Phase 1 construction documents for the Balfour Park
project along with bidding and construction support services per attached Exhibit A.02
2
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AHBL, Inc.
Billing Rates Spokane Valley Balfour Park
2210203
August 10, 2022
PositionPayOverheadBurdened Fixed FeeBilling
RateMultiplierRate30%Rate
177.54%
Civil
Qsjodjqbm!!!!!!83/23!!!!!!239/15!!!!!!!311/27!!!!!!!!32/75!!!332/91
Qspkfdu!Nbobhfs!!!!!!58/71!!!!!!!!95/62!!!!!!!243/22!!!!!!!!25/39!!!257/4:
Qspkfdu!Fohjoffs!5!!!!!!52/94!!!!!!!!85/37!!!!!!!227/1:!!!!!!!!23/66!!!239/75
Qspkfdu!Fohjoffs!4!!!!!!48/:9!!!!!!!!78/54!!!!!!!216/52!!!!!!!!22/4:!!!227/91
Qspkfdu!Fohjoffs!3!!!!!!43/81!!!!!!!!69/17!!!!!!!!!:1/87!!!!!!!!!!:/92!!!211/68
Qspkfdu!Fohjoffs!2!!!!!!43/33!!!!!!!!68/31!!!!!!!!!9:/53!!!!!!!!!!:/78!!!!!::/1:
Landscape
Ejsfdups!pg!Mboetdbqf!Bsdijufduvsf!!!!!!59/19!!!!!!!!96/47!!!!!!!244/55!!!!!!!!25/53!!!258/98
Mboetdbqf!Bsdijufdu!3!!!!!!47/89!!!!!!!!76/41!!!!!!!213/19!!!!!!!!22/14!!!224/22
Mboetdbqf!Eftjhofs!3!!!!!!3:/44!!!!!!!!63/18!!!!!!!!!92/51!!!!!!!!!!9/91!!!!!:1/31
Mboetdbqf!Eftjhofs!2!!!!!!38/3:!!!!!!!!59/56!!!!!!!!!86/85!!!!!!!!!!9/2:!!!!!94/:4
Planning
Qsjodjqbm!!!!!!83/23!!!!!!239/15!!!!!!!311/27!!!!!!!!32/75!!!332/91
Qmboojoh!Qspkfdu!Nbobhfs!!!!!!57/51!!!!!!!!93/49!!!!!!!239/89!!!!!!!!24/:3!!!253/81
Qmboofs!5!!!!!!48/61!!!!!!!!77/69!!!!!!!215/19!!!!!!!!22/36!!!226/44
Qmboofs!4!!!!!!48/13!!!!!!!!76/84!!!!!!!213/86!!!!!!!!22/22!!!224/96
Ufdiojdbm!Fejups!!!!!!43/44!!!!!!!!68/51!!!!!!!!!9:/84!!!!!!!!!!:/81!!!!!::/54
601 W First Ave, Ste 1300
Spokane, WA 99201, USA
509.838.9020
mwengineers.com
August 8, 2022
Craig Andersen
AHBL, Inc.
827 W 1st Ave Ste 220
Spokane, WA 99201
PROJECT:Balfour Park Improvements
CC:Erick Fitzpatrick, Anthony Schoen, Kori Miller
RE:MEP Value Engineering, Re-Design, and Construction Support Services Fee
Proposal - Revised
Craig,
Thank you for providing MW the opportunity to continue working with AHBL and the City of
Spokane Valley on the Balfour Park Improvements project. In accordance with your recent
request, MW Consulting Engineers is pleased to submit this fee proposal to provide MEP
engineering for the following Scope of Work for an hourly fee at hourly billing rates with a not
to exceed fee limit of $35,400, breakdown as follows:
Value Engineering & Re-Design$18,500
Construction Support Services$16,900
ScopeofWork:ProvideMEPEngineeringservicesasfollows:
ValueEngineering(VE):
1.Site constructed toilet room building will be replaced with a premanufactured building
designed and constructed Public Restroom Company (PRC). This building will consist of
a complete building with stand-alone MEP systems. MEP scope within the
premanufactured building will consist of the following:
a.Water service and sewer connections between site civil utilities and the
premanufactured building piping systems.
b.Electrical connections to the premanufactured building house panel.
c.Communications cabling installed in pathway system provided in the
premanufactured building.
2.Electrical service equipment and communications associated with the park development
will be constructed inside the designated electrical/communications space provided in
the premanufactured building.
a.Reduce future conduits to stub-outs from PRC building and sleeves
2.Site Lighting Basis of Design lighting fixture selections and approach will be maintained
to match new library.
3.Site Electrical and Communications Infrastructure
a.Reduce to (5) food trucks
August 8, 20222021.014.xx Balfour Park - MEP VE, Re-Design, and CS Fee Proposal (01R).doc Page 1of 4
601 W First Ave, Ste 1300
Spokane, WA 99201, USA
509.838.9020
mwengineers.com
b.Reduce raceway system infrastructure for “future” to consist of conduit stub-outs
from PRC building and sleeves under sidewalks and pathways.
Redesign:
1.Meetings
a.Participate in biweekly virtual interdisciplinary coordination meetings, limit (3).
b.Participate in owner review meetings to review lighting and food truck
infrastructure, limit (2) each electrical and lighting.
2.Public Restroom Company (PRC) Premanufactured Building
a.Coordinate MEP points of interconnection with PRC.
b.Review PRC documents and provide written MEP comments.
ConstructionSupport(CS):
1.Office
a.Review submittals and shop drawings for conformance with Contract Documents
b.Respond to contractor questions and Requests for Information
2.Construction Support site visits
a.HVAC and Plumbing, limit (2) combined
b.Electrical, Lighting, and Low-Voltage, limit (4) combined
PotentialExtraServices:
1.Conformed Construction Documents: Provide conformed construction documents
incorporating addenda for a lump sum fee of $1,500.
2.Additional Site Visits: Performed on an as needed basis at hourly billing rates.
3.Record Drawings: Provide record drawings for the MEP scope of work based on
Contractor provided field markups for a lump sum fee of $2,500.
AssumptionsandExclusions:
1.This fee proposal is made in general conformance with AIA Document C401-2017,
Standard Form of Agreement Between Architect and Consultant.
2.The project costs are understood to be estimated to be $4.375M.
3.Construction duration has been estimated at (150) working days. Should the
construction schedule be extended beyond this duration, ongoing CS services will be
performed on an as needed basis at hourly billing rates.
4.Excludes Construction Administration performed by City of Spokane Valley.
5.Excludes attendance at Pre-Construction Meeting.
6.Excludes participation in construction meetings.
7.Excludes owner-initiated design revisions after completion of design.
8.Excludes remedial design resulting from latent conditions.
9.Excludes commissioning and test and balance.
10. Excludes incorporation of Contractor’s mark-ups to create record drawing set.
August 8, 20222021.014.xx Balfour Park - MEP VE, Re-Design, and CS Fee Proposal (01R).doc Page 2of 4
601 W First Ave, Ste 1300
Spokane, WA 99201, USA
509.838.9020
mwengineers.com
Please advise MW if this proposal is acceptable. If you have any questions, please do not hesitate to
contact me.
Sincerely,
Dylan J Cunningham, P.E.
August 8, 20222021.014.xx Balfour Park - MEP VE, Re-Design, and CS Fee Proposal (01R).doc Page 3of 4
601 W First Ave, Ste 1300
Spokane, WA 99201, USA
509.838.9020
mwengineers.com
MW CONSULTING ENGINEERS 2022 HOURLY RATES
Managing Principal$200.00
Principal$175.00
Associate$150.00
Senior Project Manager (V)$140.00
Senior Engineer (IV)$130.00
Engineer III$120.00
Engineer II$110.00
Engineer I$100.00
Designer IV$125.00
Designer III$115.00
Designer II$110.00
Designer I$ 95.00
BIM Manager$110.00
BIM Operator II$ 80.00
BIM Operator I$ 70.00
Senior Technology Systems Project Manager$150.00
Senior Technology Systems Engineer$140.00
Senior Technology Systems Designer$130.00
Senior Field Representative$130.00
Field Representative$120.00
Senior Lighting Designer$120.00
August 8, 20222021.014.xx Balfour Park - MEP VE, Re-Design, and CS Fee Proposal (01R).doc Page 4of 4
Page 1 of 2
00
--
0.000.00
$113.85/hr$113.85/hr
8/10/2022
$ $
00
--
0.000.00
$115.33/hr$115.33/hr
PlanningPlanning
$ $
00
--
0.000.00
$221.80/hr$221.80/hr
$ $
00
--
0.000.00
LD1LD1
$83.93/hr$83.93/hr
$ $
20
25.00
120.00
5
70203020
LD2LD2
2,255.04
$90.20/hr$90.20/hr
10,824.18
$ $
11
65.0034.00
546522
2020101510
LA2LA2
7,352.363,845.85
$113.11/hr$113.11/hr
Landscape Architecture Landscape Architecture
$ $
10
8.00
36.00
5614462222
10
CACA
DLADLA
5,323.15 1,182.92
$147.87/hr$147.87/hr
$ $
00
--
0.000.00
Tech 1Tech 1
$0.00/hr$0.00/hr
$ $
00
--
0.000.00
$0.00/hr$0.00/hr
Tech 2 Tech 2
$ $
10
-
0.00
45.00
5
40
PE2PE2
4,525.65
$100.57/hr$100.57/hr
$ $
10
52.0015.00
25
30101010
PE3PE3
Civil EngineeringCivil Engineering
6,073.791,752.06
$116.80/hr$116.80/hr
$ $
10
37.0011.00
2225622511
1010
PMPM
5,416.391,610.28
$ $
$146.39/hr$146.39/hr
00
9.003.00
412221
665.39
EFEF
1,996.18
Civil PICCivil PIC
$221.80/hr$221.80/hr
$ $
- -
0.000.00
$99.43/hr$99.43/hr
WPWP
AdminAdmin
$ hrs / wk$ hrs / wk
9.008.000.000.000.000.000.000.006.003.000.000.000.000.00
72.0017.0061.0018.0029.0011.0047.00 96.00
179.00 364.00
Total Total
Task HoursTask Hours
----
30%
$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00
$890.14$372.62
177.54%
4,027.737,283.81
$8,310.06$2,337.00$1,126.70$1,327.83$6,772.22$2,444.20$3,320.23$1,597.67$5,130.87
18,012.0223,499.6841,511.7018,500.0060,011.7011,311.5411,311.5411,311.54
$19,193.69
$41,511.70
TotalTotal
Task Cost ($)Task Cost ($)
$ $ $ $ $ $ $ $ $ $ $ $ $
$
FYIJCJU!C/13 Balfour Park Improvements
AHBL Staff Hours per Task
Project No. 2210203Overhead rate (FYE 2022 ICR rate)Fixed Fee Rate Work Task Phase 1 Redesign Value engineering redesign Revise P1 civil and landscape specs, estimates MEP CoordinationDraft
Document SubmittalComment Review MeetingPrepare Final DocumentsWeekly COSV Meetings (6)TASK 7 Phase 1 RedesignHourly Rate Task Total - Civil Task Total - Landscape Task Total
- PlanningTASK 7 Phase 1 RedesignSubconsultant - IntegrusSubconsultant - GeoEngineersSubconsultant - MW EngineersSubconsultant - PlateauTASK 7 Phase 1 RedesignWork Task Phase 1 Bid
Administration Bid doc distributionPre-bid meetingRFI, Clarifications, Addenda (assume 2)Bid opening meetingBid price evaluation TASK 8 Phase 1 Bid AdministrationHourly Rate Task
Total - Civil Task Total - Landscape Task Total - PlanningTASK 8 Phase 1 Bid AdministrationSubconsultant - IntegrusSubconsultant - GeoEngineersSubconsultant - MW EngineersSubconsultant
- PlateauTASK 8 Phase 1 Bid Administration
TotalTotal
TASK 7TASK 8
Q:\\2021\\2210203\\Proposals_Contracts\\Finals\\20220810 Attch1 (Budget-Amend 02) 2210203.10.40
Page 2 of 2
0
-
0.00
$113.85/hr
8/10/2022
$
0
-
0.00
$115.33/hr
Planning
$
0
-
0.00
$221.80/hr
$
0
-
0.00
LD1
$83.93/hr
$
0
20.00
1010
LD2
1,804.03
$90.20/hr
$
1
41.00
24
101015
LA2
4,637.64
$113.11/hr
Landscape Architecture
$
0
9.00
1224
CA
DLA
1,330.79
$147.87/hr
$
0
-
0.00
Tech 1
$0.00/hr
$
0
-
0.00
$0.00/hr
Tech 2
$
0
-
0.00
PE2
$100.57/hr
$
1
35.00
5
1515
PE3
Civil Engineering
4,088.13
$116.80/hr
$
0
28.00
242
1010
PM
4,098.89
$
$146.39/hr
0
9.00
414
EF
1,996.18
Civil PIC
$221.80/hr
$
-
0.00
4,000.00
Subtotal4,569.007,300.00
$99.43/hr
38,390.00 82,575.00 17,000.00 65,306.00 60,011.70 11,311.54 34,855.66 14,800.00 16,200.00
WP
38,300.00
124,839.00438,857.90106,178.90
Admin
477,157.90481,157.90
$ $
$
$ hrs / wk$ $ $ $ $ $ $ $ $ $ $ $ $
$ $
---
9.000.000.000.000.00
20.0051.0014.0048.00
2,840
142.00
54,35010,88033,64018,50016,900
137,110
Fees
Total
Task Hours
$ $ $ $ $ $ $ $ $
$
Subconsultant
--
30%
$0.00$0.00$0.00$0.00
4,569 Project Total Fees
35,55070,48971,69531,66641,51211,31217,956
177.54%
284,748
7,772.46
$2,152.90$6,432.01$1,716.69$1,262.76$6,391.30
10,183.2017,955.6616,900.0034,855.66
$17,955.66
Total Allow
AHBL Fees
Task Cost ($)
$
$ $ $ $ $ $ $ $
$ $ $ $ $ $ $
Reimbursable Expenses Estimate
Project Total
Basic Services Subtotal
Other Services Subtotal
Amendment 02 Total Contract Change
Balfour Park Improvements
AHBL Staff Hours per Task PROJECT SUMMARY
Project No. 2210203Overhead rate (FYE 2022 ICR rate)Fixed Fee Rate Work Task Phase 1 Construction Support Services Conformed SetRFI and ClarificationsSubmittal and Shop Drawing ReviewConstruction
Kickoff MeetingSite Observation Visits TASK 9 Phase 1 Construction Support ServicesHourly Rate Task Total - Civil Task Total - Landscape Task Total - PlanningTASK 9 Phase 1
Construction Support ServicesSubconsultant - IntegrusSubconsultant - GeoEngineersSubconsultant - MW EngineersSubconsultant - PlateauTASK 9 Phase 1 Construction Support ServicesBasic
ServicesTASK 1 Project Management and AdministrationTASK 2 Schematic PlanningTASK 3 Design Development (30%)TASK 4 Full Park Construction Documents (90%)TASK 5 Management ReserveTASK
6 Phase 1 Bid Documents (100%)TASK 7 Phase 1 RedesignTASK 8 Phase 1 Bid AdministrationTASK 9 Phase 1 Construction Support ServicesOther ServicesTask 2.1 Geotechnical ReportTask 2.2
Cultural Resources SurveyTask 3.1 3D Model and Renderings (3 views total)
Total
TASK 9
Q:\\2021\\2210203\\Proposals_Contracts\\Finals\\20220810 Attch1 (Budget-Amend 02) 2210203.10.40
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 30, 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 – Arts Council Discussion.
GOVERNING LEGISLATION: Chapter 3.34 SVMC – Acceptance of donations and gifts; chapter 3.46
SVMC – Non-architectural and engineering services.
PREVIOUS COUNCIL ACTION TAKEN: Approval of Agreement with the Spokane Valley Arts
Council March 12, 2019.
BACKGROUND: The Spokane Valley Arts Council (SVAC) is a not-for-profit 501(c)(3) organization
formed in 2004 for the stated purpose of working “with local businesses, civic leaders and artists to
cooperatively conceive, develop and implement art-related programs and cultural activities.” The SVAC
has been instrumental in identifying projects to be constructed and located on property owned by the City
for the cultural benefit of our citizens. Examples of their efforts include projects at CenterPlace
(“Working the Line” by Jerry McKellar, “Dance of Sun and Moon” by Jerry McKellar, “If I could but
Fly” and “Rock Star” by Bob Wilfong) and City Hall (“Coup Ponies” by Jerry McKellar, “Harvest Time
on the Big Missouri (commonly known as “the Berry Picker”)” by Nancy McLaughlin, “Great Spirit’s
Gift” by Ace Powell). “Heart of the Valley” by Richard Warrington and “The Ascent” by Gary Lee Price
are anticipated to be placed at the future expanded Balfour Park. “Huckleberry Daze” and “Indomitable
Spirit” by Jerry McKeller are both in the process of being placed at Greenacres Park and the Appleway
Trail trailhead at University Ave respectively.
In 2019 Council approved an agreement with the SVAC that reduced to writing the various aspects of our
long-term relationship. Section 4.a. of the agreement requires that the SVAC provide Council with a
reasonable advance opportunity to provide input on which sculptures are chosen for donation to the City,
recognizing that the ultimate decision to accept or reject any proposed gift of artwork rests solely with the
City Council. Section 4.b. of the agreement further specifies that the SVAC provide the City with
information at least one year prior to the time a sculpture intended for donation to the City is anticipated
to be permanently placed so the City has an opportunity to determine where the piece will be installed and
to also budget for the costs related to installing the piece.
Tonight, the SVAC would like to bring to Council’s attention a potential project for 2023 (Bronze
Sculpture: Sun Blessing by Nancy McLaughlin) with the ultimate intention that Council and the SVAC
reach a consensus on the piece that will be pursued by the SVAC, and through the City’s 2023 Outside
Agency Process. Any project(s) proposed by the SVAC would still have to compete against all other
applicants for outside agency funding and would not have a competitive advantage over other applicants.
OPTIONS: (1) Discussion; or (2) take other action as appropriate
RECOMMENDED ACTION OR MOTION: This report is intended to facilitate a conversation
between the SVAC and the City Council regarding future art projects.
BUDGET/FINANCIAL IMPACTS: Financial impacts will be determined once a piece of art is
selected, and a location determined.
STAFF CONTACT: John Bottelli, Parks, Recreation & Facilities Director
_____________________________________________________________________________________
ATTACHMENTS: Photocopy of Sun Blessing by Nancy McLaughlin and Artist Bio
NANCY McLAUGHLIN
(1932-1985)
Born and raised in western Montana, Nancy McLaughlin had extensive contacts with
the Indians of Montana. She spent her childhood on the reservation where she was friends
with the Blackfeet. While learning of their customs and legends, she also developed an in-
depth understanding of the people. As a young lady she was adopted into the Blackfeet
tribe and given the name ME SA' MAXAKI which means Swan Woman.
It is natural that as an artist her subject matter was primarily Indians, with her
favorite themes, Indian women and tribal lore. She presented these women as pillars of
strength radiating gentleness, beauty and dignity.
The legends she illustrated were dynamic and penetrating. They came from a clear
understanding of her subjects--an understanding that had been gathered painstakingly
over time and recreated with intuitive power from an intimate part of her own
experiences.
Her expansive interest in art is seen in the variety of media in which she worked.
Miss McLaughlin considered herself a sculptor, but she was also an accomplished painter
and printmaker.
Her sculpture was impressionistic, probably because of extensive studies of Rodin’s
work. Nancy’s bronzes are graced with flow, movement and a general dynamic quality.
There are few western artists her rival, for she is not an illustrator in bronze, but an artist--
a most important distinction. She was one of the top sculptors in the western art field.
Over the years her paintings were influenced by several artists, but the Russian
School of Impressionism has probably exerted the greatest force. Within an inherent
balance of form and line she created colors which were vibrant and cover a rather
complete range.
During her 30-plus years as a professional artist, Miss McLaughlin had exhibited in
many individual and group shows and won an array of awards. Her illustrations have
appeared in several publications and she has been the subject of numerous articles as well
as books.
In the course of her career she taught with Richard Sandstrom at West Valley High
School which is located in Spokane Valley, Washington. She was admired and liked by the
many students she worked with. Always willing to share her art techniques she was a
natural fit as a teacher.
At one time she was married to the western artist Asa (Ace) Lynn Powell (1912-1978).
Together they produced and sold art in many western states.
This rare and sensitive artist died of a heart attack on March 20, 1985. With her
passing the world lost an artist of historical importance. She will be significant as a
portrayer of Western Indians, especially those of the Plains, the Southwest and the
Northwest. It was, however, the Blackfeet that she knew and loved the best and they were
the ones most frequently represented in her art.
Her art bears the hallmark of permanence and is to be preserved for future
generations to admire, cherish and love.
1
Art in collections
Museums
Buffalo Bill Historical Center
Cody, Wyoming
Arts Chateau Museum
Butte, Montana
Fred Oldfield Heritage Center
Puyallup, Washington
Great Plains Art Collection
Lincoln, Nebraska
Hockaday Museum of Art
Kalispell, Montana
Montana Historical Society Museum
Helena, Montana
Museum of Arts and Culture
Spokane, Washington
The Phippen Art Museum
Prescott, Arizona
Bank 1 Permanent Collection
Prescott, Arizona
Associations
Ms. McLaughlin was a founding member of two organizations:
Western Artists of America (WAA)
American Artists of the Rockies Association (AARA)
2
Reference Material on the Artist
Citations for Ms. McLaughlin are found in a number of references including the
following:
Lonnie Pierson Dunbier THE ARTISTSBLUEBOOK: 29,000 NORTH AMERICAN
ARTISTS (2003)
Ray Davenport DAVENPORT’S ART REFERENCE (2003-2004)
AskART.com THE ARTISTS BLUEBOOK: 24,000 NORTH AMERICAN ARTISTS
(2001)
Phil Kovinick and Marian Yoshiki-Kovinick AN ENCYCLOPEDIA OF WOMEN
ARTISTS OF THE AMERICAN WEST (1998)
Southwest Art RED BOOK PRICE GUIDE-1997: WESTERN AMERICAN ART
(1997)
Southwest Art THE RED BOOK: WESTERN AMERICAN PRICE INDEX (1993)
Southwest Art MASTER INDEX 1971-1993: ARTISTS IN SOUTHWEST ART (1993)
th
Glenn B. Opitz DICTIONARY OF AMERICAN SCULPTORS: 18 CENTURY TO
PRESENT (1984)
Peggy Samuels and Harold Samuels CONTEMPORY WESTERN ARTISTS (1982)
Anne Avery AMERICAN ARTISTS OF RENOWN 1981-1982 (1982)
William Steadman THE WEST AND WALTER BIMSON: PAINTINGS
WATERCOLORS, DRAWINGS & SCULPTURE (1971)
Books About the Artist
J. M. Moynahan MONTANA IMPRESSIONS: THE WESTERN ART OF
NANCY McLAUGHLIN (1970)
J. M. Moynahan THE WESTERN ART OF NANCY McLAUGHLIN (1980)
J. M. Moynahan THE ETCHED WORKS OF NANCY McLAUGHLIN VOLUME I
(1983)
J. M.Moynahan THE LIFE AND ART OF NANCY McLAUGHLIN (2005)
J. M. Moynahan THE BRONZE WORK OF NANCY McLAUGHLIN (2007)
J. M. Moynahan THE ETCHED WORKS OF NANCY McLAUGHLIN
SUPPLEMENT (2007)
J. M. Moynahan THE ART AND LIFE OF MONTANA ARTIST NANCY
McLAUGHLIN(2013)
Books and Illustrated Articles by the Artist
Richard Lancaster PIEGAN (1966)
“The Enduring Intrigue of The Glass Trade Bead” ARIZONA HIGHWAYS (July,
1971)
Some Articles About the Artist
"Nancy McLaughlin's Frontier," APPALOOSA NEWS (March, 1975)
“McLaughlin’s Lifetime Experiences” SOUTHWEST ART (February,1975)
3
"Nancy McLaughlin: Versatility in Expression," ART WEST (March-April/May, 1982)
"Spirit of the West: The Art of Nancy McLaughlin," CASCADE WORLD (July, 1983)
th
“Nancy McLaughlin 1932-1985” CATALOGUE 13Annual National Western Art Show
(May, 1985)
4
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 30, 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: Business Engagement & Economic Development: Mercer Mass Timber
GOVERNING LEGISLATION: N/A
PREVIOUS COUNCIL ACTION TAKEN: N/A
BACKGROUND: Mercer Mass Timber acquired the former Katerra site and manufacturing plant
in August 2021. The plant is located in the Northeast Industrial Area (NIA) and is part of the
Planned Action Ordinance (PAO) of 2019. Mercer Mass Timber occupies 37 acres in the NIA-
PAO area on Garland Avenue, west of Barker. The current manufacturing and production facility
is 253,000 square feet.
Mercer Mass Timber is focused on advanced manufacturing capabilities plus the expansion of
their workforce. Mercer Mass Timber is putting modern manufacturing technology to work to help
address some of the construction industry’s most entrenched challenges.
The City of Spokane Valley economic development team has been meeting with leadership at the
Mercer Mass Timber plant to facilitate future growth opportunities, make connections to other
businesses within the City who may be interested in partnerships, acquire photo and video assets
for the City’s economic development outreach and website use and to provide economic
development related support as the company grows and diversifies its products and workforce.
OPTIONS: Discussion only
RECOMMENDED ACTION OR MOTION: Discussion only
BUDGET/FINANCIAL IMPACTS: Unknown at this time
STAFF CONTACT: Susan Nielsen, Economic Development Specialist
ATTACHMENTS: PowerPoint
Northeast Industrial Area (NIA)
Northeast Industrial Area
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Business needsWorkforce opportunitiesConnections to other Spokane Valley businesses
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Toured the plant for a photo/video projectSeveral meetings with MMT General ManagerConnected Mercer to local and state contacts and businessesAnother site visit/briefing with GSI and
Spokane Valley Chamber 8.19.22
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Broader Business Engagement & Outreach
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 30, 2022 Department Director Approval:
Check all that apply: consent old business new business public hearing
informationadmin. reportpending legislationexecutive session
AGENDA ITEM TITLE: Administrative Report - Sprague Avenue Stormwater Project
GOVERNING LEGISLATION: N/A
PREVIOUS COUNCIL ACTION TAKEN:
October 7, 2014 – Info report on Ecology Stormwater Grant Opportunities, Call for Projects
October 21, 2014 – Administrative Report discussing Washington State Department of
Ecology stormwater grant opportunities resulting in consensus to apply for grants.
October 11, 2016 – Administrative Report discussing Washington State Department of
Ecology stormwater grant opportunities resulting in consensus to apply for grants.
May 21, 2019 – Administrative Report regarding the details of the Water Quality Financial
Assistance Agreement with the Department of Ecology
May 28, 2019 – Council authorized execution of Water Quality Financial Assistance
Agreement with the Department of Ecology
July 5, 2022 – Council reached consensus for a future motion consideration to terminate
the Agreement with Ecology
July 19, 2022 – Motion passed to terminate Ecology grant agreement
BACKGROUND: In November 2014, the City applied to the Washington State Department of
Ecology (Ecology) for a grant to improve water quality in the Spokane Valley-Rathdrum Prairie
Aquifer through the installation of Low Impact Development (LID) techniques and best
management practices along the two-mile segment of Sprague Avenue between University and
Park Roads. Stormwater in the project area is currently collected and discharged to groundwater
without pretreatment via approximately 75 drywells.
On July 7, 2015, this project was selected by the Department of Ecology for award, contingent on
funding availability. In 2016, Ecology received direction from the Legislature to delay funding for
67 state-wide stormwater projects proposed to receive funding from the Stormwater Financial
Assistance Program (SFAP) in SFY16 and SFY17. These delays were necessary to address a
shortfall in the Model Toxics Control Act funds and were accompanied by significant reductions
in both operating and capital budgets, across many environmental program areas. This
stormwater project application was included on the SFY16 and SFY17 list of delayed projects. On
February 21, 2018, the City was informed by Ecology that the 2017–2019 Washington State
Biennial Budget successfully addressed funding shortfalls, and Ecology was authorized to resume
agreement negotiations for this project.
At the time of application, the total project cost was estimated at $2M. Ecology would provide
$1.5M and the City’s stormwater fund was to provide $500K in matching funds. In May 2019, staff
revisited the preliminary estimate and increased the potential City stormwater funding by
$569,320 to account for inflationary increases from 2014 to 2019. The grant agreement with
Ecology was executed in 2019. In 2021, the Spokane Transit Authority (STA) awarded the City,
$163,685 to improve the crossing between City Hall and Balfour Park on Sprague Avenue
(Crossing Project). Additionally, the City was awarded $556,400 for the Crossing Project from the
Pedestrian & Bicycle Program (PBP). For efficiencies, the Stormwater Project and the Crossing
Project were planned to be completed concurrently.
Page 1 of 3
Due to limited resources, staff was unable to initialize the project until June of 2021. In the fall of
2021, the City selected a consultant firm who advanced the conceptual design to a 30%
preliminary design. The City has spent $64,125 of the Ecology grant to develop a design report
which was approved in early May 2022. The total project cost increased to over $5.5M. The design
assumed that Sprague Avenue will be reduced to three lanes between Herald and University and
to four lanes from Herald to Park Road. Currently, Sprague Avenue has five lanes within the
project limits.
Due to the large funding gap needed to advance the Stormwater & Crossing projects, on July 19,
2022, Council passed a motion to terminate the Ecology grant and proceed with the Crossing
Project which will include stormwater quality facilities between University and Herald Roads. Staff
and Council identified that Coronavirus Local Fiscal Recovery Fund (CLFR) funds may be utilized
for the Crossing Project because the project is an eligible stormwater/water quality project for the
Clean Water State Revolving Fund (CWSRF) per the EPA Overview of Clean Water State
Revolving Eligibilities, dated May 2016. Currently, the City Council has not allocated $1,379,386
of CLFR funds.
In August 2022, staff reached out to all businesses along the current project limits from University
to Herald Roads to describe the concept for the project. Of the 22 businesses contacted, staff met
with 17 in person, all were supportive of the lane reduction/pedestrian crossing project. Staff also
sent information via email to four businesses and two of them provided supportive replies. The
other two have not yet responded. Staff was unable to contact only one business, the Brew-Pub,
which is unoccupied. Most of the businesses expressed concerns with speeding and crashes
along this segment of Sprague. Some also mentioned that the existing street trees block visibility
to their businesses and their signs.
Staff has been coordinating with the STA regarding the Sprague Avenue High Performance
Transit (HPT) project, which includes this segment of Sprague Avenue. There are two stops within
this project area, one of which will be designed as a “high performance” stop. City staff is
evaluating STA’s proposal and will work to accommodate STA’s HPT improvements into the
current project.
To be able to accommodate a safe pedestrian crossing and drainage facilities, staff proposes to
reduce Sprague Avenue from five lanes to three lanes which is consistent with the existing lane
configuration on Sprague Avenue east of University Road. During the July 15, 2022 meeting,
Council requested additional information regarding the performance of a 3-lane versus 4-lane
project on Sprague Avenue. Both options are expected to reduce speeds and have excess vehicle
th
capacity. A target of the project is to reduce 85 percentile speeds from 41.1 mph to the posted
speed of 35 mph or less; the 3-lane option comes closest to meeting this target based on the
traffic model. However, it is expected that actual driver behavior with reduced lanes and turning
traffic will result in lower speeds than the model. Based on current peak hour volumes, a 3-lane
Sprague Avenue is expected to operate at 27% of capacity. The primary difference between the
two options is the pedestrian crossing time. A 4-lane Sprague Avenue would take approximately
3 seconds longer to cross than a 3-lane Sprague Avenue. This creates additional exposure for
pedestrians and additional delay for vehicles on Sprague Avenue. Additionally, the 4-lane project
would cost more to construct due to the need for underground stormwater treatment (“Filterra”
type units) instead of the planned swales with the 3-lane option.
Staff recommends setting up a pilot project for six weeks that reduces Sprague Avenue to three
lanes using tubular markers. This will allow staff to observe driver behavior, measure actual
vehicle speeds, and evaluate performance of the reduced section. Staff will seek public input via
a project website and targeted survey.
Should City Council decide to proceed with the recommendation to implement the pilot project,
staff will return thereafter to share the public input and data collected. This information will assist
both staff and Council on moving forward with the project in a permanent state.
Page 2 of 3
OPTIONS: 1) Consensus to move ahead with a 3-lane pilot project over the next 2 months, or 2)
take other action or no action.
RECOMMENDED ACTION OR MOTION: Consensus to implement the 3-lane reduction pilot
project this fall.
BUDGET/FINANCIAL IMPACTS: Staff solicited costs from four traffic control contractors to
implement the pilot project with estimates ranging from $20,000 to $35,000. There are sufficient
funds in the project budget to cover the costs of the pilot project.
STAFF CONTACT: Gloria Mantz, PE, City Engineer
Jerremy Clark, PE, PTOE, Traffic Engineering Manager
____________________________________________________________________________
ATTACHMENTS: PowerPoint Presentation
Page 3 of 3
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 30, 2022 Department Director Approval:
Check all that apply: consent old business new business public hearing
informationadmin. reportpending legislationexecutive session
AGENDA ITEM TITLE:Estimated 2023 revenues and expenditures.
GOVERNING LEGISLATION: State budget law.
PREVIOUS COUNCIL ACTION TAKEN: No formal Council action has been taken on the 2023
Budget. A proposed budget is currently under review by the City Manager who will present his
Preliminary 2023 Budget to the Council on October 4, 2022.
BACKGROUND: This marks the second occasion where the Council will discuss the 2023
Budget. The first occurred during the June 14, 2022, Council Workshop where the Council
reviewed 2023 Budget worksheets prepared by staff. By the time the Council is scheduled to
adopt the 2023 Budget on November 8, 2022, Council will have had an opportunity to discuss it
on eight separate occasions, including three public hearings to gather input from citizens:
June 14 Council Budget Workshop
August 30 Admin report: Estimated 2023 revenues and expenditures
September 13 Public hearing #1 on 2023 revenues and expenditures
October 4 City Manager’s presentation of preliminary 2023 Budget
October 11 Public hearing #2 on 2023 Budget
October 25 First reading on ordinance adopting the 2023 Budget
November 8 Public hearing #3 on 2023 Budget
November 8 Second reading on ordinance adopting the 2023 Budget
State law requires that the City hold a public hearing on revenue sources for the upcoming year’s
budget in order to consider input from the public. This hearing is scheduled to take place on
th
September 13. The presentation this evening is an administrative report leading up to the public
hearing. Until City Council’s adoption, all figures currently included in the 2023 Budget worksheets
are preliminary and subject to change.
2023 Budget Overview:
The 2023 Budget currently includes appropriations of $104,614,473 including $25,174,227 in
capital expenditures, comprised in-part of:
o $9,157,127 in Fund #303 Street Capital Projects.
o $4,810,000 in Fund #309 Park Capital Projects.
o $4,300,000 in Fund #311 Pavement Preservation including $1,011,800 financed by the
General Fund.
o $3,950,000 in Fund #314 Railroad Grade Separation Projects.
o $1,621,100 in Stormwater Management Fund #402 and Aquifer Protection Area Fund
#403 projects.
To partially offset the $25,174,227 in capital costs we anticipate $11,459,062 in grant
revenues which results in 45.52% of capital expenditures being covered with State and
Federal money.
Budgets will be adopted across 27 separate funds.
1
The full-time equivalent employee (FTE) count will increase in 2023 by 2 to 105.25 from
103.25. These increases include a Paralegal position in the City Attorney Department and a
Traffic Signal Technician in the Street Fund #101.
Pertaining Specifically to the General Fund:
The 2023 recurring revenue estimate of $56,450,500 is $4,200,800 or 8.04% greater than the
2022 amended budget of $42,249,700.
The 2023 recurring expenditure proposal of $52,731,079 is $3,628,391 or 7.39% greater than
the 2022 proposed amended appropriation of $49,102,688.
Budgeted recurring revenues currently exceed recurring expenditures by $3,719,421 or
6.59% of recurring revenues.
Nonrecurring expenditures total $4,322,340 and include:
o $151,000 for Information Technology expenditures including:
$15,000 to replace outdated copiers
$50,000 for server upgrades
$60,000 for network core hardware replacement
$26,000 for software upgrades
o $8,500 for furniture for the new Paralegal position
o $39,000 for various Public Safety items including:
$15,000 for access and fencing improvements to the White Elephant property
$4,000 to install gutters at the Precinct
$20,000 to install security cameras in the back lot at the Precinct
o $26,000 to replace flooring at CenterPlace
o $150,000 for improvements to the lobby and greenhouse at CenterPlace
o $500,000 for Financial Software capital costs
o $3,417,840 transfer out to the Street O&M Fund #101 to cover the deficit in recurring
expenditures exceeding recurring revenues in that fund
The total of 2023 recurring and nonrecurring expenditures exceeds total revenues by
$602,919.
The projected ending fund balance for the General Fund at the end of 2023 is currently
$30,631,616 or 58.09% of recurring expenditures.
2
Other Funds:
2023 Budget appropriations (expenditures) in the other funds total $47,562,054 as follows:
FundFund2023
NumberNameAppropriation
101Street Fund6,730,140
103Paths and Trails Fund0
104Hotel / Motel Tax - Tourism Facilities Fund0
105Hotel / Motel Tax Fund901,000
106Solid Waste Fund1,929,000
107PEG Fund73,000
108Affordable & Supportive Housing Sales Tax Fund0
120CenterPlace Operating Reserve Fund0
121Service Level Stabilization Reserve Fund0
122Winter Weather Reserve Fund500,000
204Debt Service Fund1,089,550
301REET 1 Capital Projects Fund1,507,722
302REET 2 Capital Projects Fund1,855,820
303Street Capital Projects Fund9,157,127
309Parks Capital Projects Fund4,810,000
310Civic Facilities Capital Projects Fund0
311Pavement Preservation Fund4,350,000
312Capital Reserve Fund5,068,292
314Railroad Grade Separation Projects Fund3,950,000
315Transportation Impact Fee Fund108,449
316Economic Development Capital Projects Fund0
402Stormwater Management Fund2,341,854
403Aquifer Protection Area Fund1,476,100
501Equipment Rental and Replacement Fund523,000
502Risk Management Fund600,000
632Passthrough Fees & Taxes Fund591,000
47,562,054
Primary sources of revenues in these other funds include:
Motor Vehicle Fuel Tax revenue that is collected by the State and remitted to the Street Fund
is anticipated to be $2,062,600.
Telephone Tax revenues remitted to the City that supports Street Fund operations and
maintenance are anticipated to be $857,000.
Real Estate Excise Tax (REET) revenues that are in large part used to match grant financed
street projects are anticipated to total $3,000,000.
Hotel / Motel Tax revenues that are dedicated to the promotion of visitors and tourism are
anticipated to be $1,500,000 ($900,000 in the Hotel/Motel Tax Fund #105 and $600,000 in
the Hotel/Motel Tax – Tourism Facilities Fund #104).
tormwater Management Fees that are estimated at $1,951,000.
S
Aquifer Protection Area Fees are estimated at $460,000.
3
Funding Challenges:
As we’ve exited the COVID-19 Pandemic, the economy continues to experience volatility. This
is particularly seen with recent levels of inflation that are driving up costs across the board.
We expect this volatility to continue to affect City revenues and costs as we go forward into
2023. As such, we anticipate there may be changes to revenue projections as we progress
through this 2023 Budget development process.
Declining revenues in the Street O&M Fund #101 are impacting our ability to deliver historic
levels of service. Fund #101 is dependent upon motor vehicle fuel tax revenues and telephone
utility tax revenues.
o Motor vehicle fuel taxes have increased slightly due to recent State legislation; however,
they are generally flat or declining in recent years due to improvements in vehicle fuel
mileage. Also, recent inflation in fuel prices may begin to change driving habits, which
could reduce future revenues.
o Telephone utility taxes have been declining at an average of 8.0% per year from 2009
through 2021. We believe the decline is primarily due to the elimination of land lines by
individual households as well as reallocation of revenues by cell phone companies to data
packages. The revenues from this tax reached a high of $3.1 million in 2009 (the year the
tax was implemented) and is currently estimated to generate $857,000 in 2023.
Balancing the cost of pavement preservation against other transportation and infrastructure
needs.
o Pavement Preservation Fund #311 is relying more heavily on REET revenues due to an
elimination of the contribution from the Street Fund #101 related to declining revenues
and an elimination of contributions from the Civic Facility Replacement Fund #123. The
fund balance in Fund #123 was entirely depleted at the end of 2016, and the fund was
closed during 2017.
o Reliance on REET revenues to fund pavement preservation in Fund #311 limits the City’s
ability to provide match funding for State and Federal grants received for other street
projects.
o Railroad grade separation projects (overpasses and underpasses) are exceptionally
expensive endeavors and are largely beyond the City’s ability to finance through existing
sources of revenue. The City has been very successful in securing funding for the Barker
Rd. Grade Separation and Pines Rd. Grade Separation projects; however, funding is still
needed for other grade separation projects as well as other large-scale transportation
improvements within the City.
OPTIONS: State law requires a public hearing on 2023 estimated revenues and expenditures.
A hearing is scheduled for September 13, 2022.
RECOMMENDED ACTION OR MOTION: No action is requested at this time.
BUDGET/FINANCIAL IMPACTS: Given that the budget will not be adopted by the Council until
November 8, 2022, it is possible the figures may be modified as we refine estimates of revenues
and expenditures.
STAFF CONTACT: Chelsie Taylor, Finance Director
ATTACHMENTS: Power Point presentation
Assorted 2023 Budget information:
o Pages 1-11 Budget summary information with detail by fund
o Page 12-13 General Fund budget change from June 14 to August 30
o Page 14 General Fund revenue and expenditure line-item changes.
o Page 15-18 General Fund department changes from 2022 to 2023.
o Page 19 Full-time equivalent employees (FTEs).
4
(h/m tax-CP advertising)
(2016 LTGO debt service)
(park capital projects)
(pavement preservation)
(insurance premium)
(police vehicle replacements)
(City Hall repair costs)
(office furniture for Project Manager em
(office furniture for new Paralegal)
(2 radar trailers)
(vehicle for homeless services officer)
(replace carpet at Precinct)
(repaint Precinct exterior)
(tree & debris removal from back lot)
(police vehicle replacements)
(Access/fencing White Elephant)
(Install Precinct gutters)
(Install security cameras at Precinct)
(20th Anniversary event planner)
(repaint portico at CenterPlace)
(replace carpet at CenterPlace)
(repair plumbing systems at pools)
(replace CenterPlace flooring)
(CenterPlace lobby improvements)
(Street Fund operations)
(replenish reserve)
('20 fund bal >50%)
(vehicle for Code Enf Superviso
Fund balance as a percent of recurring expenditures74.40%63.61%58.09%
(non-plow vehicle rental)
(plow replace.)
(1/2 cost to #402
(additional dump bed truck)
(truck for Signal Technician)
(pavement preservation)
(pavement preservation)
Note: Work performed for pavement preservation projects out of the Street Capital Projects Fund is for items such as sidewalk upgrades that the
were bid with the pavement preservation work.
(Summerfield, Ponderosa, Fl
Note: The fund balance in #310 includes $839,281.10 paid by the Library District for 2.82 acres at the Balfour Park site. If the District
does not succeed in getting a voted bond approved by October 2022 then the City may repurchase this land at the original sale
price of $839,285.10. Of this amount, $560,000 is anticipated to be paid out to the Library District for improvements during 2022.
('19 fund bal >50%)
(police vehicle replacements)
(City Hall repair costs)
(school zone beacons)
(Balfour Park Improvements Ph
(Sullivan Park water line)
(Spokane Valley River Loop Tra
(Barker Rd Overpass)
(Pines Rd Underpass)
(Sullivan Rd Interchange)
(Fairgrounds Building)
(fairgrounds building)
(1/2 cost to #101
(plow replace.)
(Code Enforcement Vehicle)
(Additional dump bed truck)
h/m tax-CP advertising
Net
difference
########
Net
difference
$119,214
(2016 LTGO debt service)
(park capital projects)
(pavement preservation)
(insurance premium)
(police vehicle replacements)
(City Hall repair costs)
(office furniture for Project Manager e
(office furniture for new Paralegal)
(2 radar trailers)
(vehicle for homeless services officer)
(replace carpet at Precinct)
(repaint Precinct exterior)
(tree & debris removal from back lot)
(police vehicle replacements)
(Access/fencing White Elephant)
(Install Precinct gutters)
(Install security cameras at Precinct)
(20th Anniversary event planner)
(repaint portico at CenterPlace)
(replace carpet at CenterPlace)
(repair plumbing systems at pools)
(replace CenterPlace flooring)
(CenterPlace lobby improvements)
(Street Fund operations)
(replenish reserve)
('20 fund bal >50%)
(vehicle for Code Enf Superv
Ending fund balance as a percent of recurring expenditures =
(Access/fencing White E
(precinct gutters)
(security cameras at pre
(4)(4)
(1)(2)(3)
FTEs for 2017 reflect the reorganization that was effective in April 2017.The original 2017 Budget had FTEs of 88.4.FTEs for 2018 reflect the budget amendment approved on May 29, 2018.The
2022 Budget was amended to to reflect the City's reorganization, whichadded 1 FTE as the Community and Public Works Director and 1 FTE for a Custodian.Proposed 2023 includes a new Paralegal
position in City Attorney and a new TrafficSignal Technician in #101 - Street Fund.
(1)(2)(3)(4)
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 30, 2022 Department Director Approval:
Check all that apply: consent old business new business public hearing
information admin. reportpending legislation executive session
AGENDA ITEM TITLE: 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.
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.
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: Considering placing the Allocation Agreement on a future agenda for motion consideration.
RECOMMENDED ACTION OR MOTION: Consensus to place the Allocation Agreement on a future
agenda for a motion consideration.
BUDGET/FINANCIAL IMPACTS: Unknown at this time.
STAFF CONTACT: Tony Beattie, Senior Deputy City Attorney.
___________________________________________________________________________
ATTACHMENTS: Allocation Agreement.
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. ..................................................................................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
Agreement
and conditions of a settlement agreement between and among the State of Washington,
McKessonCardinal
Amerisourcethe Agreement Parties
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
Global Settlement
1
its exhibits) is incorporated into this Agreement as Exhibit H. By entering this Agreement, and
upon execution of an Agreement Regarding the State of Washington and the Distributor Global
Enforcement Committee Agreement
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
1
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 II.C 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
Washington Consent Judgment Court
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.C 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.C 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
State
Washington Abatement Amount
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.
A.!Interaction with Global Settlement. Notwithstanding any contrary provision in the
Washington
Fees and CostsSection V.
B.! Amounts. The total amount to cover of all Washington Fees and Costs is
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 amount shall be paid in increments as specified in Section V.C (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.!rneys.
Settling Distributors shall pay $10,920,914.70 to Participating
attorneys for fees and costs into a single account as directed by the Washington Attorney
, which then shall be paid as agreed between the State of Washington and
attorneys for Participating Litigating Subdivisions. Participating Litigating Subdivision
attorneys shall be paid in accordance with the schedule in Section V.C 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
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
Treasury Regulations Section 1.6050X-1(f)(1)(ii)(B) (thAppropriate Official
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
ortion of the aggregate amount of payments
this Agreement in Box 1 of IRS Form 1098-
equal to the aggregate amount of payments paid or incurred by the Settling Distributors hereunder
-the
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
Michael T. Reynolds
Cravath, Swaine & Moore LLP
825 8th Avenue
New York, NY 10019
mreynolds@cravath.com
Elaine Golin
Wachtell, Lipton, Rosen & Katz
nd
51 West 52 Street
New York, NY 10019
epgolin@wlrk.com
:
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
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:
Dated:AMERISOURCEBERGEN CORPORATION
By:
Elizabeth Campbell
Executive Vice President and Chief Legal Officer
Exhibit A
2
Primary Subdivisions
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:
Governmental Entityorder 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
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 SettlementExhibit 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
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
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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 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
StateInc.,
AmerisourceBergen Drug Corporation and AmerisourceBergen Corporation, together with the
Settling Distributors,Settling Distributor
PartiesPartyave entered into a consensual
resolution of the above-Action
entitled Distributors Washington Settlement Agreement, dated as of May 2, 2022 (the
Washington Agreementached hereto as Exhibit A. The Washington
Agreement shall become effective by its terms upon the entry of this Final Consent Judgment
Judgment
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
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of the Distributor Settlement Agreement, dated as of July 21, 2021 (as subsequently updated)
Global Agreement
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. -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,
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.
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
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 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
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,
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.
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
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 departments, agencies, divisions, boards,
commissions, and instrumentalities are those that are under the executive authority or direct control
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
decision to enter into the Agreements.
14. Costs and Fees.
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 ri
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
Di
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
-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
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.U of the Global Agreement.
G-8
So ORDERED this _____ day of _________________ 2022.
____________________________________________
THE HONORABLE JUDGE MICHAEL. R. SCOTT
APPROVED, AGREED TO AND PRESENTED BY:
VANESSA SORIANO POWER,
WSBA No. 30777
JENNA M. POLIGO, WSBA No. 54466
RACHEL C. LEE, WSBA No. 48245
S. JULIA LITTELL, WSBA No. 54106
PER RAMFJORD, pro hac vice
G-9
G-10
G-11
DECLARATION OF SERVICE
I declare that I caused a copy of the foregoing document to be electronically served using
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 jtully@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, Attyjgoold@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 ghalperin@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 rnicholas@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.com
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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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 11of 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
4
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
5
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.
6
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.
7
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
8
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.
9
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
10
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 ____________________________________
59:5.1142.2685-!w/!3
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EXHIBIT A
O P I O I D A B A T E M E N T S T R A T E G I E S
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
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, 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
CountyGovernment% Allocation
Adams County
Adams County0.1638732475%
Hatton
Lind
Othello
Ritzville
Washtucna
County Total:0.1638732475%
Asotin County
Asotin County0.4694498386%
Asotin
Clarkston
County Total:0.4694498386%
Benton County
Benton County1.4848831892%
Benton City
Kennewick0.5415650564%
Prosser
Richland0.4756779517%
West Richland0.0459360490%
County Total:2.5480622463%
Chelan County
Chelan County0.7434914485%
Cashmere
Chelan
Entiat
Leavenworth
Wenatchee0.2968333494%
County Total:1.0403247979%
Clallam County
Clallam County1.3076983401%
Forks
Port Angeles0.4598370527%
Sequim
County Total:1.7675353928%
*** - Local Government appears in multiple countiesB-1
EXHIBIT B
Local
CountyGovernment% Allocation
Clark County
Clark County4.5149775326%
Battle Ground0.1384729857%
Camas0.2691592724%
La Center
Ridgefield
Vancouver1.7306605325%
Washougal0.1279328220%
Woodland***
Yacolt
County Total:6.7812031452%
Columbia County
Columbia County0.0561699537%
Dayton
Starbuck
County Total:0.0561699537%
Cowlitz County
Cowlitz County1.7226945990%
Castle Rock
Kalama
Kelso0.1331145270%
Longview0.6162736905%
Woodland***
County Total:2.4720828165%
Douglas County
Douglas County0.3932175175%
Bridgeport
Coulee Dam***
East Wenatchee0.0799810865%
Mansfield
Rock Island
Waterville
County Total:0.4731986040%
Ferry County
Ferry County0.1153487994%
Republic
County Total:0.1153487994%
*** - Local Government appears in multiple countiesB-2
EXHIBIT B
Local
CountyGovernment% Allocation
Franklin County
Franklin County0.3361237144%
Connell
Kahlotus
Mesa
Pasco0.4278056066%
County Total:0.7639293210%
Garfield County
Garfield County0.0321982209%
Pomeroy
County Total:0.0321982209%
Grant County
Grant County0.9932572167%
Coulee City
Coulee Dam***
Electric City
Ephrata
George
Grand Coulee
Hartline
Krupp
Mattawa
Moses Lake0.2078293909%
Quincy
Royal City
Soap Lake
Warden
Wilson Creek
County Total:1.2010866076%
*** - Local Government appears in multiple countiesB-3
EXHIBIT B
Local
CountyGovernment% Allocation
Grays Harbor County
Grays Harbor County0.9992429138%
Aberdeen0.2491525333%
Cosmopolis
Elma
Hoquiam
McCleary
Montesano
Oakville
Ocean Shores
Westport
County Total:1.2483954471%
Island County
Island County0.6820422610%
Coupeville
Langley
Oak Harbor0.2511550431%
County Total:0.9331973041%
Jefferson County
Jefferson County0.4417137380%
Port Townsend
County Total:0.4417137380%
*** - Local Government appears in multiple countiesB-4
EXHIBIT B
Local
CountyGovernment% Allocation
King County
King County13.9743722662%
Algona
Auburn***0.2622774917%
Beaux Arts Village
Bellevue1.1300592573%
Black Diamond
Bothell***0.1821602716%
Burien0.0270962921%
Carnation
Clyde Hill
Covington0.0118134406%
Des Moines0.1179764526%
Duvall
Enumclaw***0.0537768326%
Federal Way0.3061452240%
Hunts Point
Issaquah0.1876240107%
Kenmore0.0204441024%
Kent0.5377397676%
Kirkland0.5453525246%
Lake Forest Park0.0525439124%
Maple Valley0.0093761587%
Medina
Mercer Island0.1751797481%
Milton***
Newcastle0.0033117880%
Normandy Park
North Bend
Pacific***
Redmond0.4839486007%
Renton0.7652626920%
Sammamish0.0224369090%
SeaTac0.1481551278%
Seattle6.6032403816%
Shoreline0.0435834501%
Skykomish
Snoqualmie0.0649164481%
Tukwila0.3032205739%
Woodinville0.0185516364%
Yarrow Point
County Total:26.0505653608%
*** - Local Government appears in multiple countiesB-5
EXHIBIT B
Local
CountyGovernment% Allocation
Kitsap County
Kitsap County2.6294133668%
Bainbridge Island0.1364686014%
Bremerton0.6193374389%
Port Orchard0.1009497162%
Poulsbo0.0773748246%
County Total:3.5635439479%
Kittitas County
Kittitas County0.3855704683%
Cle Elum
Ellensburg0.0955824915%
Kittitas
Roslyn
South Cle Elum
County Total:0.4811529598%
Klickitat County
Klickitat County0.2211673457%
Bingen
Goldendale
White Salmon
County Total:0.2211673457%
Lewis County
Lewis County1.0777377479%
Centralia0.1909990353%
Chehalis
Morton
Mossyrock
Napavine
Pe Ell
Toledo
Vader
Winlock
County Total:1.2687367832%
*** - Local Government appears in multiple countiesB-6
EXHIBIT B
Local
CountyGovernment% Allocation
Lincoln County
Lincoln County0.1712669645%
Almira
Creston
Davenport
Harrington
Odessa
Reardan
Sprague
Wilbur
County Total:0.1712669645%
Mason County
Mason County0.8089918012%
Shelton0.1239179888%
County Total:0.9329097900%
Okanogan County
Okanogan County0.6145043345%
Brewster
Conconully
Coulee Dam***
Elmer City
Nespelem
Okanogan
Omak
Oroville
Pateros
Riverside
Tonasket
Twisp
Winthrop
County Total:0.6145043345%
Pacific County
Pacific County0.4895416466%
Ilwaco
Long Beach
Raymond
South Bend
County Total:0.4895416466%
*** - Local Government appears in multiple countiesB-7
EXHIBIT B
Local
CountyGovernment% Allocation
Pend Oreille County
Pend Oreille County0.2566374940%
Cusick
Ione
Metaline
Metaline Falls
Newport
County Total:0.2566374940%
Pierce County
Pierce County7.2310164020%
Auburn***0.0628522112%
Bonney Lake0.1190773864%
Buckley
Carbonado
DuPont
Eatonville
Edgewood0.0048016791%
Enumclaw***0.0000000000%
Fife0.1955185481%
Fircrest
Gig Harbor0.0859963345%
Lakewood0.5253640894%
Milton***
Orting
Pacific***
Puyallup0.3845704814%
Roy
Ruston
South Prairie
Steilacoom
Sumner0.1083157569%
Tacoma3.2816374617%
University Place0.0353733363%
Wilkeson
County Total:12.0345236870%
San Juan County
San Juan County0.2101495171%
Friday Harbor
County Total:0.2101495171%
*** - Local Government appears in multiple countiesB-8
EXHIBIT B
Local
CountyGovernment% Allocation
Skagit County
Skagit County1.0526023961%
Anacortes0.1774962906%
Burlington0.1146861661%
Concrete
Hamilton
La Conner
Lyman
Mount Vernon0.2801063665%
Sedro-Woolley0.0661146351%
County Total:1.6910058544%
Skamania County
Skamania County0.1631931925%
North Bonneville
Stevenson
County Total:0.1631931925%
Snohomish County
Snohomish County6.9054415622%
Arlington0.2620524080%
Bothell***0.2654558588%
Brier
Darrington
Edmonds0.3058936009%
Everett1.9258363241%
Gold Bar
Granite Falls
Index
Lake Stevens0.1385202891%
Lynnwood0.7704629214%
Marysville0.3945067827%
Mill Creek0.1227939546%
Monroe0.1771621898%
Mountlake Terrace0.2108935805%
Mukilteo0.2561790702%
Snohomish0.0861097964%
Stanwood
Sultan
Woodway
County Total:11.8213083387%
*** - Local Government appears in multiple countiesB-9
EXHIBIT B
Local
CountyGovernment% Allocation
Spokane County
Spokane County5.5623859292%
Airway Heights
Cheney0.1238454349%
Deer Park
Fairfield
Latah
Liberty Lake0.0389636519%
Medical Lake
Millwood
Rockford
Spangle
Spokane3.0872078287%
Spokane Valley0.0684217500%
Waverly
County Total:8.8808245947%
Stevens County
Stevens County0.7479240179%
Chewelah
Colville
Kettle Falls
Marcus
Northport
Springdale
County Total:0.7479240179%
Thurston County
Thurston County2.3258492094%
Bucoda
Lacey0.2348627221%
Olympia0.6039423385%
Rainier
Tenino
Tumwater0.2065982350%
Yelm
County Total:3.3712525050%
Wahkiakum County
Wahkiakum County0.0596582197%
Cathlamet
County Total:0.0596582197%
*** - Local Government appears in multiple countiesB-10
EXHIBIT B
Local
CountyGovernment% Allocation
Walla Walla County
Walla Walla County0.5543870294%
College Place
Prescott
Waitsburg
Walla Walla0.3140768654%
County Total:0.8684638948%
Whatcom County
Whatcom County1.3452637306%
Bellingham0.8978614577%
Blaine
Everson
Ferndale0.0646101891%
Lynden0.0827115612%
Nooksack
Sumas
County Total:2.3904469386%
Whitman County
Whitman County0.2626805837%
Albion
Colfax
Colton
Endicott
Farmington
Garfield
LaCrosse
Lamont
Malden
Oakesdale
Palouse
Pullman0.2214837491%
Rosalia
St. John
Tekoa
Uniontown
County Total:0.4841643328%
*** - Local Government appears in multiple countiesB-11
EXHIBIT B
Local
CountyGovernment% Allocation
Yakima County
Yakima County1.9388392959%
Grandview0.0530606109%
Granger
Harrah
Mabton
Moxee
Naches
Selah
Sunnyside0.1213478384%
Tieton
Toppenish
Union Gap
Wapato
Yakima0.6060410539%
Zillah
County Total:2.7192887991%
*** - Local Government appears in multiple countiesB-12
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 30, 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: Hometown Suites Update
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND: Police Chief Ellis will give an update on Hometown Suites
OPTIONS: Discussion
RECOMMENDED ACTION OR MOTION: Discussion
BUDGET/FINANCIAL IMPACTS: n/a
STAFF CONTACT: Chief Ellis
ATTACHMENTS: PowerPoint
DRAFT
ADVANCE AGENDA
as of August 25, 2022; 11:45 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 6, 2022, Study Session, 6:00 p.m. \[due Tue Aug 30\]
Proclamation: 9-1-1 Emergency Telephone Systems Day
ACTION ITEMS:
1. Second Reading Ordinance 22-014 Street Vacation, ROW Mission to Park (STV-2022-0001) Lori Barlow (10 min)
2. Motio Tony Beattie (10 minutes)
NON-ACTION ITEMS:
3. Homeless Program Update Eric Robison et al (45 minutes)
4. Pavement Management Funding Discussion Bill Helbig Adam Jackson (25 minutes)
5. Advance Agenda Mayor Haley (5 minutes)
\[*estimated meeting: 95 mins\]
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. Admin Report: Advance Agenda Mayor Haley (5 minutes)
\[*estimated meeting: 55 mins\]
Sept 20, 2022, Study Session, 6:00 p.m. \[due Tue Sept 13\]
ACTION ITEM:
1. Second Reading Ordinance 22-016 Re TPA Formation Mike Basinger (10 minutes)
NON-ACTION ITEMS:
2. Outside Agency presentations (5 minutes each) Dan Domrese (~110 minutes)
3. Proposed Ordinance Adopting 2023 Property Taxes Chelsie Taylor (10 minutes)
4. Advance Agenda Mayor Haley (5 minutes)
\[*estimated meeting: 135 mins\]
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. Admin Report: SCOPE Presentation Chris Conway SCOPE Director (15 minutes)
3. Admin Report: Advance Agenda Mayor Haley (5 minutes)
4. Info Only: Department Monthly Reports
October 4, 2022, Study Session, 6:00 p.m. \[due Tue Sept 27\]
1. City Manager Presentation of 2023 Preliminary Budget John Hohman (25 minutes)
2. Advance Agenda Mayor Haley (5 minutes)
Oct 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)
\[*estimated meeting: 40 mins\]
Oct 18, 2022, Study Session, 6:00 p.m. \[due Tue Oct 11\]
1. Advance Agenda Mayor Haley (5 minutes)
Draft Advance Agenda 8/25/2022 1:34:22 PM Page 1 of 2
Oct 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: Advance Agenda Mayor Haley (5 minutes)
8. Info Only: Department Monthly Reports \[*estimated meeting: 55 mins\]
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. Admin Report: LTAC Recommendations to Council Chelsie Taylor (15 minutes)
6. Admin Report: Advance Agenda Mayor Haley (5 minutes)
7. Info Only: Department Monthly Reports \[*estimated meeting: 50 mins\]
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. Info Only: Department Monthly Reports \[*estimated meeting: mins\]
Nov 29, 2022 meeting cancelled Thanksgiving 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 \[*estimated meeting: mins\]
December 27, 2022 meeting likely cancelled due to holidays
*time for public or council comments not included
OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS:
Appleway Trail Amenities Mirabeau Park Forestry Mgmt. SCRAPS Update
Basement space Neighborhood Restoration St. Illumination (owners, cost, location)
Castle Park NLC Summit Nov 16-19 St. O&M Pavement Preservation
CDBG Interlocal Park Lighting Vehicle Wgt Infrastructure Impact
Consolidated Homeless Grant PFD Presentation Water Districts & Green Space
Continuum of Care (info item) Property Tax Discussion Way Finding Sign
Core Beliefs Resolution Prosecutor Services
Gov. Auth. Emergencies (info) Residency
Draft Advance Agenda 8/25/2022 1:34:22 PM Page 2 of 2