HomeMy WebLinkAbout04-11-22 Council WorkshopSPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the
ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required.
CALL TO ORDER
Mayor Barb Tolbert
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Barb Tolbert – Julie
APPROVAL OF THE AGENDA
Mayor Pro Tem Jan Schuette
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
Community Transit 2024 Network Planning Update by Roland Behee,
Director of Planning and Development
Introduced by Mayor Barb Tolbert
WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN
1. Ordinance Approving the Operation of Wheeled All-Terrain Vehicles ATTACHMENT A
Staff Presentation: Paul Ellis
Council Liaison: Mayor Pro Tem Jan Schuette
2. Lease Approval with Enterprise Fleet Management, Inc. ATTACHMENT B
Staff Presentation: Kristin Garcia
Council Liaison: Mayor Pro Tem Jan Schuette
3. Interlocal Agreement with Snohomish County for Haller Park Improvements ATTACHMENT C
Staff Presentation: Sarah Lopez
Council Liaison: Councilmember Marilyn Oertle
4. Resolution Authorizing Application for WA Recreation and ATTACHMENT D
Conservation Office Grant
Staff Presentation: Sarah Lopez
Council Liaison: Councilmember Marilyn Oertle
5. Resolution Recognizing the City’s Safety Program ATTACHMENT E
Staff Presentation: James Trefry
Council Liaison: Mayor Pro Tem Jan Schuette
Arlington City Council Workshop
Monday, April 11, 2022 at 7:00 pm
City Council Chambers – 110 E 3rd Street
SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the
ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required.
6. Memorandum of Understanding Regarding Opioid Litigation Settlement ATTACHMENT F
Staff Presentation: Paul Ellis / Steve Peiffle
Council Liaison: Mayor Pro Tem Jan Schuette
ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
COMMENTS FROM COUNCILMEMBERS/COUNCILMEMBER REPORTS
PUBLIC COMMENT
For members of the public who wish to speak to the Council. Please limit your remarks to three minutes.
REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
Mayor Pro Tem Jan Schuette / Mayor Barb Tolbert
City of Arlington Council Agenda Bill Item: WS #1 Attachment A
authorizing the operation of WATVs on designated city streets; establishing limitations, conditions,
ORDINANCE NO. 2022-006 1
ORDINANCE NO. 2022–006
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, AMENDING TITLE 10 AMC BY THE
ADDITION OF A NEW CHAPTER 10.92 WHEELED ALL-TERRAIN VEHICLES (WATVS) THERETO;
AUTHORIZING THE OPERATION OF WATVS ON DESIGNATED CITY STREETS; ESTABLISHING
LIMITATIONS, CONDITIONS, REQUIREMENTS AND ENFORCEMENT STANDARDS THEREFORE;
PROVIDING FOR SEVERABILITY; AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE
WHEREAS, Chapter 46.09 RCW authorizes cities to approve the operation of wheeled
all-terrain vehicles (WATVs) upon local public roadways; and
WHEREAS, the City Council desires to approve the operation of WATVs on all City streets
where the speed limit is 35 miles per hour or less, excluding State Routes 9, 530 and 531,
subject to the limitations, conditions and requirements set forth herein.
NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows:
Section 1. Amendment of Title 10 AMC - Adoption of New Chapter 10.92 AMC. Title 10
of the Arlington Municipal Code is hereby amended by the addition of a new Chapter 10.92,
Wheeled All-Terrain Vehicles (WATVs), to provide in its entirety as follows:
Chapter 10.92
WHEELED ALL-TERRAIN VEHICLES (WATVS)
Sections:
10.92.010 Definitions.
10.92.020 Use of wheeled all-terrain vehicles on city streets approved.
10.92.030 Restrictions on use of wheeled all-terrain vehicles on city streets.
10.92.040 Equipment requirements of wheeled all-terrain vehicles.
10.92.050 Registration requirements of a wheeled all-terrain vehicle.
10.92.060 Duty to obey traffic control devices and rules of the road.
10.92.070 Prohibited uses.
10.92.080 Prohibited areas.
10.92.090 Violation - Penalty.
10.92.100 Listing on city website.
10.92.010 Definitions.
Unless otherwise specifically provided for herein, the definitions set forth in
Chapter 46.09 RCW, as existing or hereafter amended, shall govern this chapter.
In addition, when used in this chapter, the following words, terms, and phrases
shall have the following meanings:
ORDINANCE NO. 2022-006 2
(1) "City" means the city of Arlington, Washington, including its elected officials,
employees, and agents.
(2) "City street" means every way, lane, road, street, boulevard, and every way
or place in the city open as a matter of right to public vehicular traffic inside the
city limits.
(3) "Motorcycle helmet" has the same meaning as provided in RCW 46.37.530.
(4) "Rules of the road" means all the rules that apply to vehicle or pedestrian
traffic as set forth in state and/or local statutes, rules or regulations.
(5) "Sidewalk" means that property between the curb lines or the lateral lines of
a city street and the adjacent property, set aside and intended for the use of
pedestrians or such portion of private property parallel and in proximity to a city
street and dedicated to use by pedestrians.
(6) "Wheeled all-terrain vehicle" or "WATV" means (a) any motorized non-
highway vehicle with handlebars that is 50 inches or less in width, has a seat
height of at least 20 inches, weighs less than 1,500 pounds, and has four tires
having a diameter of 30 inches or less, or (b) a utility-type vehicle designed for
and capable of travel over designated roads that travels on four or more low-
pressure tires of 20 psi or less, has a maximum width less than 74 inches, has a
maximum weight less than 2,000 pounds, has a wheelbase of 110 inches or less,
and satisfies at least one of the following: (i) has a minimum width of 50 inches;
(ii) has a minimum weight of at least 900 pounds; or (iii) has a wheelbase of over
61 inches.
10.92.020 Use of wheeled all-terrain vehicles on city streets approved.
Subject to the restrictions set forth in Chapter 46.09 RCW, AMC 10.92.030 and
the other requirements set forth in this chapter, any person with a valid driver's
license issued by the state of the person's residence may operate a wheeled all-
terrain vehicle upon a city street having a speed limit of 35 miles per hour or
less, excluding State Routes 9, 530 and 531.
10.92.030 Restrictions on use of wheeled all-terrain vehicles on city streets.
(1) Any person who operates or rides as a passenger in a wheeled all-terrain
vehicle must wear a securely fastened motorcycle helmet while the WATV is in
motion, unless the WATV is equipped with seat belts and roll bars or an enclosed
passenger compartment;
(2) A person may not operate a wheeled all-terrain vehicle upon a city street
with a speed limit in excess of 35 miles per hour; however, a person may cross a
city street with a speed limit in excess of 35 miles per hour at a controlled
intersection if the crossing begins and ends on a city street with a speed limit of
35 miles per hour or less and occurs at an intersection of approximately 90
degrees;
ORDINANCE NO. 2022-006 3
(3) A person may operate a wheeled all-terrain vehicle upon any city street while
being used under the authority or direction of an appropriate agency that
engages in emergency management, as defined in RCW 46.09.310, or search and
rescue, as defined in RCW 38.52.010, or a law enforcement agency, as defined in
RCW 16.52.011, within the scope of the agency's official duties;
(4) A person who operates a wheeled all-terrain vehicle shall carry proof of
current liability insurance in compliance with, and with overage limits at least
equivalent to the amounts set forth in, Chapter 46.29 RCW; and
(5) Wheeled all-terrain vehicles, and the use thereof, are subject to the
applicable regulations and requirements set forth in Chapter 46.55 RCW.
10.92.040 Equipment requirements of wheeled all-terrain vehicles.
Any wheeled all-terrain vehicle operated on a city street shall include the
following equipment (which equipment shall be used and operated as further
prescribed herein) and shall comply with the following operational
requirements, as applicable:
(1) Headlights meeting the requirements of RCW 46.37.030 and 46.37.040 and
used at all times when the vehicle is in motion;
(2) One tail lamp meeting the requirements of RCW 46.37.525 and used at all
times when the vehicle is in motion upon a city street; however, a utility-type
vehicle, as described under RCW 46.09.310(19), must have two tail lamps
meeting the requirements of RCW 46.37.070(1) and to be used at all times when
the vehicle is in motion upon a city street;
(3) A stop lamp meeting the requirements of RCW 46.37.200;
(4) Reflectors meeting the requirements of RCW 46.37.060;
(5) During hours of darkness, as defined in RCW 46.04.200, turn signals meeting
the requirements of RCW 46.37.200;
(6) Outside of hours of darkness, the person operating the WATV must comply
with RCW 46.37.200 or 46.61.310 to signal turns;
(7) A mirror attached to either the right or left handlebar, which must be located
to give the person operating the WATV a complete view of the city street for a
distance of at least 200 feet to the rear of the WATV; however, a utility-type
vehicle, as described under RCW 46.09.310(19), must have two mirrors meeting
the requirements of RCW 46.37.400;
(8) A windshield meeting the requirements of RCW 46.37.430, unless the person
operating the WATV wears glasses, goggles, or a face shield while operating the
WATV, of a type conforming to rules adopted by the Washington State Patrol;
(9) A horn or warning device meeting the requirements of RCW 46.37.380;
(10) Brakes in working order;
(11) A spark arrester and muffling device meeting the requirements of RCW
46.09.470; and
ORDINANCE NO. 2022-006 4
(12) For utility-type vehicles, as described under RCW 46.09.310(19), seat belts
meeting the requirements of RCW 46.37.510.
10.92.050 Registration requirements of a wheeled all-terrain vehicle.
Any wheeled all-terrain vehicle operated on a city street must comply with all
applicable registration requirements of Chapter 46.09 RCW.
10.92.060 Duty to obey traffic control devices and rules of the road.
Unless a law enforcement officer directs otherwise, a person operating a
wheeled all- terrain vehicle must obey all rules of the road that apply to vehicle
or pedestrian traffic and must obey the instructions of official traffic control
signals, signs and other control devices applicable to vehicles. Without limitation
of the foregoing, a person operating a wheeled all-terrain vehicle upon a city
street is subject to all of the duties that Chapter 46.61 RCW et seq. imposes on
an operator of a vehicle, except as to those provisions thereof which by their
nature are inapplicable.
10.92.070 Prohibited uses.
(1) No person shall operate or ride a wheeled all-terrain vehicle in a negligent or
unsafe manner, but must operate it with reasonable regard for his or her own
safety and for the safety of others.
(2) No person shall tow any trailers, devices, equipment or persons behind the
wheeled all-terrain vehicle.
(3) No person shall operate a wheeled all-terrain vehicle side-by-side in a single
lane of traffic.
(4) No person shall carry or transport any other person or passenger on a
wheeled all- terrain vehicle, nor shall any other person ride on a wheeled all-
terrain vehicle, unless such wheeled all-terrain vehicle is designed to carry more
than one person, in which event a passenger may ride upon the permanent and
regular seat if designed for two persons, or upon another seat firmly attached to
the wheeled all-terrain vehicle.
10.92.080 Prohibited areas.
(1) It is unlawful to operate a wheeled all-terrain vehicle on a sidewalk.
(2) It is unlawful to operate a wheeled all-terrain vehicle in a park, except in a
designated parking lot.
(3) It is unlawful to operate a wheeled all-terrain vehicle on any pedestrian trail,
bicycle path or bridge where the operation of motorized vehicles is prohibited.
10.92.090 Violation - Penalty.
Any person who violates a provision of this chapter is guilty of a traffic infraction
and will be punished by the imposition of a monetary penalty as authorized by
ORDINANCE NO. 2022-006 5
RCW 46.09.490, as existing or hereafter amended; provided, that conduct that
constitutes a criminal traffic offense may be charged as such and is subject to the
maximum penalties allowed for such offenses.
10.92.100 Listing on city website.
All city streets upon which wheeled all-terrain vehicles have been approved for
operation pursuant to this chapter shall be listed publicly and made accessible
from the main page of the city's website.
Section 2. Severability. If any provision, section, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 3. Effective Date. This ordinance shall be effective five days from its adoption
and publication as required by law.
PASSED BY the City Council and APPROVED by the Mayor this 18th day of April, 2022.
CITY OF ARLINGTON
____________________________
Barbara Tolbert, Mayor
Attest:
______________________________
Wendy Van Der Meersche, City Clerk
Approved as to form:
______________________________
Steven J. Peiffle
City Attorney
City of Arlington Council Agenda Bill Item: WS #2 Attachment B
quickly, increase fuel efficiency, increase safety, and reduce maintenance costs. Another program objective is to move the fleet toward hybrid and/or electric vehicles. Please refer to attached executive summary for additional information. The City Attorney and the City’s bond counsel have both reviewed the agreement and provided feedback. Based on their feedback, two amendments are included with the master lease agreement. Amendment A to the lease agreement clarifies Section 11 regarding insurance coverage, and Section 17 is amended to read
Vehicle #VIN Department Year Make Model Current
Odometer
Estimated
Value Assigned Category New Replacement Category
CED-1 1FTZX1727YNB88448 CED 2000 Ford F-150 135,885 $1,000 3/4 Ton Pickup Reg 4x2 3/4 Ton Pickup Reg 4x2
A-13 1FTNE24W94HA88085 Airport 2004 Ford E-250 124,913 $2,000 3/4 Ton Van Cargo 3/4 Ton Van Cargo
W-44 1FTNX21F32EB63537 Water 2002 Ford F-250 119,505 $3,500 3/4 Ton Pickup Reg 4x2 3/4 Ton Pickup Reg 4x2
P-23 1FTNX21S0XEE27852 Parks 1999 Ford Trucks F-250 Work Series 104,525 $1,000 3/4 Ton Pickup Reg 4x2 3/4 Ton Pickup Reg 4x2
P-6 3FTSW30L11MA59429 Parks 2001 Ford F-350 100,585 $1,000 3/4 Ton Pickup Reg 4x2 3/4 Ton Pickup Reg 4x2
C-99 2GTHC39N3M1511593 Cemetery 1991 GMC Chassis-Cabs 3500 96,064 $500 1 Ton Cab Chassis 1 Ton Cab Chassis
W-33 1GCJTBFE5C8146149 Water 2012 Chevrolet Colorado 94,128 $7,500 Compact Pickup Ext 4x4 Compact Pickup Ext 4x4
WW-97 1FTZR15E83PB36279 Waste Water 2003 Ford Ranger 85,414 $4,000 Compact Pickup Ext 4x4 Compact Pickup Ext 4x4
W-52 3B6MF36541M256424 Water 2001 Dodge Ram 3500 Chassis 85,150 $1,500 1 Ton Cab Chassis 1 Ton Cab Chassis
WW-79 1FD0W4HT2BEA91651 Waste Water 2011 Ford F-450 Chassis 83,754 $15,000 1 1/2 Ton Cab Chassis 1 1/2 Ton Cab Chassis
S-24 1GBJC34U55E256501 Streets 2005 Chevrolet Silverado 3500 Chassis 72,685 $4,000 1 Ton Cab Chassis 1 Ton Cab Chassis
WW-28 1FTSX21598EA94307 Waste Water 2008 Ford F-250 71,758 $7,000 3/4 Ton Pickup Ext 4x4 3/4 Ton Pickup Ext 4x4
P-30 3D6WG46D47G797862 Parks 2007 Dodge Ram 3500 Heavy Duty Chassis 56,157 $10,000 1 Ton Cab Chassis 1 Ton Cab Chassis
P-200 3B6MF36W11M551070 Parks 2001 Dodge Ram 3500 Chassis 47,295 $2,000 1 Ton Cab Chassis 1 Ton Cab Chassis
S-21 1GTCS19W318212897 Streets 2001 GMC Sonoma 46,460 $500 Compact Pickup Reg 4x2 Compact Pickup Reg 4x2
SW-48 1J4GL48K25W636145 Storm Water 2005 Jeep Liberty 41,711 $3,500 Compact SUV 4x2 Hybrid SUV
A-8 JTDKB20U397863316 Airport 2009 Toyota Prius 39,749 $5,000 Full-size Sedan Full-size Sedan
A-6 2D4RN4DG0BR687872 Airport 2011 Dodge Grand Caravan 37,326 $7,000 Minivan-Passenger Minivan-Passenger
IT-12 1FMCU02Z96KC13292 IT 2006 Ford Escape 31,750 $2,000 Compact SUV 4x2 Hybrid SUV
E-89 1FDAF57F31EA46092 Parks 2001 Ford F-550 Chassis 23,569 $1,500 1 Ton Cab Chassis 1 Ton Cab Chassis
WW-93 1FBSS31L17DA56002 Waste Water 2007 Ford E-350 Super Duty 12,848 $7,000 Full-size Van-Passenger Full-size Van-Passenger
A-81 1FTFX1CF2DKF61581 Airport 2013 Ford F-150 37,057 $14,500 1/2 Ton Pickup Ext 4x2 1/2 Ton Pickup Ext 4x2
A-88 1FTFX1CF4DKF61582 Airport 2013 Ford F-150 26,544 $15,000 1/2 Ton Pickup Ext 4x2 1/2 Ton Pickup Ext 4x2
A-9 1FTFX1CF6EKG23937 Airport 2014 Ford F-150 24,021 $16,000 1/2 Ton Pickup Ext 4x2 1/2 Ton Pickup Ext 4x2
W-24 1C6RR7FT7GS314922 Water 2016 RAM 1500 56,168 $24,000 1/2 Ton Pickup Ext 4x4 1/2 Ton Pickup Ext 4x4
W-18 1C6RR6FT4GS326911 Water 2016 RAM 1500 47,591 $25,000 1/2 Ton Pickup Ext 4x2 1/2 Ton Pickup Ext 4x2
S-9 1FDRF3H68FED44344 Streets 2015 Ford F-350 Chassis 45,141 $25,000 1 Ton Cab Chassis 1 Ton Cab Chassis
P-2 1FTBF2A64GEC85773 Parks 2016 Ford F-250 28,124 $27,000 3/4 Ton Pickup Reg 4x2 3/4 Ton Pickup Reg 4x2
SW-16 1C6RR7FT8GS289979 Storm Water 2016 RAM 1500 19,299 $26,000 1/2 Ton Pickup Ext 4x4 1/2 Ton Pickup Ext 4x4
S-7 1FDRF3H66GED01302 Streets 2016 Ford F-350 Chassis 18,200 $32,000 1 Ton Cab Chassis 1 Ton Cab Chassis
A-91 1FDRF3H66FED44343 Airport 2015 Ford F-350 Chassis 15,563 $26,000 1 Ton Cab Chassis 1 Ton Cab Chassis
A-1 1FTEX1E86GFB37537 Airport 2016 Ford F-150 14,757 $26,000 1/2 Ton Pickup Ext 4x4 1/2 Ton Pickup Ext 4x4
WW-88 1GCRCNEH7GZ255454 Waste Water 2016 Chevrolet Silverado 1500 11,589 $22,000 1/2 Ton Pickup Ext 4x2 1/2 Ton Pickup Ext 4x2
A-92 1FDRF3H68GED01303 Airport 2016 Ford F-350 Chassis 10,407 $32,000 1 Ton Cab Chassis 1 Ton Cab Chassis
W-36 1FTEX1E84HKD34439 Water 2017 Ford F-150 50,528 $23,000 1/2 Ton Pickup Ext 4x4 1/2 Ton Pickup Ext 4x4
CED-2 JN8AT2MV0HW026141 CED 2017 Nissan Rogue 25,324 $19,000 Compact SUV 4x4 Hybrid SUV
P-3 1FTBF2A69HED45385 Parks 2017 Ford F-250 25,052 $29,000 3/4 Ton Pickup Reg 4x2 3/4 Ton Pickup Reg 4x2
B-2 1FTEX1EB2JKE67525 CED 2018 Ford F-150 24,901 $30,000 1/2 Ton Pickup Ext 4x4 1/2 Ton Pickup Ext 4x4
WW-96 1C6RR7FT4JS316408 Waste Water 2018 RAM 1500 13,188 $28,000 1/2 Ton Pickup Ext 4x4 1/2 Ton Pickup Ext 4x4
P-4 1FTBF2A69JEC46863 Parks 2018 Ford F-250 12,406 $32,000 3/4 Ton Pickup Reg 4x2 3/4 Ton Pickup Reg 4x2
W-20 1FTEX1EB4LKE48221 Water 2020 Ford F-150 10,259 $37,000 1/2 Ton Pickup Ext 4x4 1/2 Ton Pickup Ext 4x4
W-23 1FTEX1EB6LKE48222 Water 2020 Ford F-150 9,784 $37,000 1/2 Ton Pickup Ext 4x4 1/2 Ton Pickup Ext 4x4
City of Arlington Replacement Worksheet
4/4/2022 1 of 2
Vehicle #VIN Department Year Make Model Current
Odometer
Estimated
Value Assigned Category New Replacement Category
W-30 1FTEX1EB8LKE48223 Water 2020 Ford F-150 9,500 $37,000 1/2 Ton Pickup Ext 4x4 1/2 Ton Pickup Ext 4x4
P-7 1FTBF2A62KEE67111 Parks 2019 Ford F-250 7,037 $37,000 3/4 Ton Pickup Reg 4x2 3/4 Ton Pickup Reg 4x2
WW-98 3C6UR5HJ2LG206820 Waste Water 2020 RAM 2500 6,362 $45,000 3/4 Ton Pickup Quad 4x4 3/4 Ton Pickup Quad 4x4
P-8 1FTBF2A64KEE67112 Parks 2019 Ford F-250 5,354 $37,000 3/4 Ton Pickup Reg 4x2 3/4 Ton Pickup Reg 4x2
W-11 5N1ET2MV9KC747849 Water 2019 Nissan Rogue Hybrid 4,496 $27,000 Compact SUV 4x4 Hybrid SUV
WW-99 3C6UR5HJ6LG206819 Waste Water 2020 RAM 2500 3,760 $45,000 3/4 Ton Pickup Quad 4x4 3/4 Ton Pickup Quad 4x4
EX-4 2C4RDGBG5KR698984 Executive 2019 Dodge Grand Caravan 3,503 $24,000 Minivan-Passenger Minivan-Passenger
WW-72 3C6UR5HJ6LG206822 Waste Water 2020 RAM 2500 1,656 $45,000 3/4 Ton Pickup Quad 4x4 3/4 Ton Pickup Quad 4x4
W-12 2GNAXSEV1L6135197 Water 2020 Chevrolet Equinox 1,549 $25,000 Compact SUV 4x4 Hybrid SUV
IT-13 4S4BTADC9M3141725 IT 2021 Subaru Outback 1,322 $36,000 Compact SUV 4x4 Hybrid SUV
4/4/2022 2 of 2
City of Arlington Council Agenda Bill
Item: WS #3 Attachment C
COUNCIL MEETING DATE: April 11, 2022 SUBJECT: Interlocal Agreement (ILA) with Snohomish County for Haller Park Improvements ATTACHMENTS: Interlocal Agreement DEPARTMENT OF ORIGIN Administration, Sarah Lopez, Community Engagement Director 360-403-3448 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: Park Improvements BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: Snohomish County has agreed to contribute $50,000 to build a shelter at Haller Park near the restroom/concession building. The County’s Capital Improvement Program identifies specific projects to be funded as City Council Partnership Projects, and chose this project for Arlington for 2022. HISTORY: The City did a call for bids for this project, and is in the process of contracting the construction. This project is part of the master plan for the park, and the City is awaiting funding. ALTERNATIVES RECOMMENDED MOTION: Workshop; discussion only. At the April 18, 2022 Council meeting, the recommended motion will be, “I move to approve the Interlocal Agreement with Snohomish County for funding Haller Park shelter, and authorize the Mayor to sign it.”
INTERLOCAL AGREEMENT BETWEEN SNOHOMISH
COUNTY AND THE CITY OF ARLINGTON FOR
HALLER PARK IMPROVEMENTS 1 of 9
INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE
CITY OF ARLINGTON FOR HALLER PARK IMPROVEMENTS
THIS INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE
CITY OF ARLINGTON FOR HALLER PARK IMPROVEMENTS (this “Agreement”), is made
and entered into this ____ day of , 2022, by and between SNOHOMISH
COUNTY, a political subdivision of the State of Washington (the “County”), and the City of
Arlington, a Washington municipal corporation (the “City”), collectively the “Parties,” pursuant
to Chapter 39.34 RCW.
RECITALS
A. The 2015 Snohomish County Parks and Recreation Element, a component of the
Snohomish County Growth Management Act Comprehensive Plan, has documented a County-
wide need for a wide variety of recreational facilities; and
B. The County Executive and the County Council have determined that it is consistent
with the Snohomish County Parks and Recreation Element and is in the public interest of County
residents to participate in joint undertakings with local municipalities to increase recreational
opportunities and facility capacity; and
C. The County Council approved Amended Ordinance 21-090, adopted November 9,
2021, which adopted the 2022-2027 Capital Improvement Program as part of Snohomish County’s
Growth Management Act Comprehensive Plan, and which included Amendment 1, which
identified specific projects to be funded as City Council Partnership Projects; and
D. Amendment 1 included the City of Arlington’s Haller Park Improvements project
which will complete construction of a picnic shelter at Haller Park (“the Project”). Snohomish
County has agreed to provide Fifty Thousand Dollars ($50,000) of Real Estate Excise Tax funds
(the “Funds”) in support of this project; and
E. The City of Arlington has provided the following: confirmation from the City
indicating ownership interest in the property (Attachment A, incorporated herein by this
reference); Proof of Insurance (Attachment B, incorporated herein by this reference); and relevant
portions of the City’s Capital Facilities Plan (“CFP”) identifying the Project (Attachment C,
incorporated herein by this reference); and
F. Pursuant to this Agreement and Chapter 39.34 RCW, the County wishes to provide,
and the City wishes to accept, the above-described Funds from the County.
AGREEMENT
NOW, THEREFORE, in consideration of the respective agreements set forth below and
for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the County and the City agree as follows:
1. Purpose of Agreement.
INTERLOCAL AGREEMENT BETWEEN SNOHOMISH
COUNTY AND THE CITY OF ARLINGTON FOR
HALLER PARK IMPROVEMENTS 2 of 9
This Agreement is authorized by and entered into pursuant to Chapter 39.34 RCW. The
purpose and intent of this Agreement is to define the responsibilities of the County and the City as
they relate to the County’s provision of the funds to the City’s Project located at 1100 West Ave.,
Arlington WA (the “Property”). Planned enhancements are installation of a picnic shelter.
2. Effective Date and Duration.
This Agreement shall not take effect unless and until it has been duly executed by both
Parties and either filed with the County Auditor or posted on the County’s Interlocal Agreements
website. This Agreement shall remain in effect through December 31, 2023, unless earlier
terminated pursuant to the provisions of Section 12 below, PROVIDED HOWEVER, that each
party’s obligations are contingent upon local legislative appropriation of necessary funds for this
specific purpose in accordance with applicable law.
3. Administrators.
Each party to this Agreement shall designate an individual (an “Administrator”), who may
be designated by title or position, to oversee and administer such party’s participation in this
Agreement. The Parties’ initial Administrators shall be the following individuals:
Jeremy Husby, Director
Snohomish County Division of
Parks & Recreation
6705 Puget Park Drive
Snohomish, Washington 98296
(425) 388-6601 phone
S
Director
City of Arlington
238 N Olympic Ave.
Arlington, Washington 98223
360-403-3448
Either party may change its Administrator at any time by delivering written notice of such
party’s new Administrator to the other party.
4. Project Performance.
4.1 Certification of Real Property Interest. The City certifies to the County that the
City owns the real property or easements upon which the Project shall be executed, and additional
real property or easements are not needed to complete the Project.
4.2 City’s Financial Commitment. The City certifies to the County that the City has
monies sufficient to match any funding provided by the County to the City under the terms of this
Agreement and will have sufficient monies to complete the Project by the Project deadline
identified in Section 4.3 below (the “City’s Financial Commitment”).
4.3 Project Deadline. On or before December 31, 2023, the City shall complete the
INTERLOCAL AGREEMENT BETWEEN SNOHOMISH
COUNTY AND THE CITY OF ARLINGTON FOR
HALLER PARK IMPROVEMENTS 3 of 9
Project. In executing the Project, the City shall obtain and, upon request, provide the County with
copies of all permits necessary to complete the Project.
4.4 Recognition of County as Financial Sponsor. The City shall recognize the County
as a financial sponsor of the Project as follows:
4.4.1 Upon completion of the Project or dedication of the completed Project,
whichever comes first, the City shall install at the Project site a plaque in a form approved by the
County that indicates that the County is a financial sponsor of or contributor to the Project;
4.4.2 The City shall invite the County to all events promoting the Project and
recognize the County at all such events as a financial sponsor of the Project;
4.4.3 The City shall recognize the County as a financial sponsor in all brochures,
banners, posters, and other promotional material related to the Project.
4.5 Project Maintenance. The City shall be responsible for on-going capital
improvements to, and maintenance of, the Project and the Property. The County makes no
commitment to support the Project or Property beyond what is provided for in this Agreement and
assumes no obligation for future support of the Project or Property except as expressly set forth in
this Agreement.
4.6 Availability to County Residents. The City shall make the Property available to all
County residents on the same terms as to residents of the City.
5. Invoicing and Payment.
5.1 Invoicing. Prior to December 31, 2023, the City shall submit to the County an
invoice requesting disbursement of the Funds for the Project. The invoice shall provide line item
detail for materials, labor and overhead and include any documentation requested by the County,
including but not limited to documentation as to what amounts have been spent by the City on the
Project.
5.2 Payment. Unless the County delivers to the City written notice disputing the
amount of a particular line item, within twenty (20) working days of receipt from the City of an
invoice properly submitted to the County pursuant to Section 5.1, the County shall remit to the
City an amount not to exceed Fifty Thousand Dollars ($50,000).
5.3 No Overpayments. In the event that the Project is completed for less than the
combined total of the Funds and the City’s Financial Commitment, the County shall remit to the
City an amount of Funds equal to the difference between the City’s Financial Commitment and
the total cost of the Project. In no case shall the City retain Funds which it does not utilize in the
Project or that it utilizes in the Project without first exhausting the City’s Financial Commitment.
Should an overpayment occur, the County shall give written notice to the City of the overpayment,
and within thirty (30) days of the notice of overpayment the City shall return to the County the
overpaid Funds plus interest at the rate of twelve percent (12%) per annum beginning thirty (30)
INTERLOCAL AGREEMENT BETWEEN SNOHOMISH
COUNTY AND THE CITY OF ARLINGTON FOR
HALLER PARK IMPROVEMENTS 4 of 9
days from the date of the notice of overpayment.
5.4 Accounting. The City shall maintain a system of accounting and internal controls
that complies with generally accepted accounting principles and governmental accounting and
financial reporting standards and provisions concerning preservation and destruction of public
documents in accordance with applicable laws, including Chapter 40.14 RCW.
5.5 Recordkeeping. The City shall maintain adequate records to support billings. The
records shall be maintained by the City for a period of five (5) years after completion of this
Agreement. The County, or any of its duly authorized representatives, shall have access to books,
documents, or papers and records of the City relating to this Agreement for purposes of inspection,
audit, or the making of excerpts or transcripts.
5.6 Audit and Repayment. The City shall return Funds disbursed to it by the County
under this Agreement upon the occurrence of any of the following events:
5.6.1 If overpayments are made; or
5.6.2 If an audit of the Project by the State or the County determines that the
Funds have been expended for purposes not permitted by the REET 2 statute, the
State, the County, or this Agreement.
In the case of 5.6.1 or 5.6.2, the County shall make a written demand upon the City for repayment,
and the City shall be obligated to repay to the County the Funds demanded within sixty (60)
calendar days of the demand. The County’s right to demand repayment from the City may be
exercised as often as necessary to recoup from the City all Funds required to be returned to the
County.
The City is solely responsible for seeking repayment from any subcontractor in conformance with
its debt collection policy.
6. Independent Contractor. The City will perform all work associated with the Project as
an independent contractor and not as an agent, employee, or servant of the County. The City shall
be solely responsible for control, supervision, direction and discipline of its personnel, who shall
be employees and agents of the City and not the County. The County shall only have the right to
ensure performance.
7. Indemnification/Hold Harmless.
The City shall assume the risk of liability for damage, loss, costs and expense arising out
of the activities under this Agreement and all use of any improvements it may place on the
Property. The City shall hold harmless, indemnify and defend the County, its officers, elected and
appointed officials, employees and agents from and against all claims, losses, lawsuits, actions,
counsel fees, litigation costs, expenses, damages, judgments, or decrees by reason of damage to
any property or business and/or any death, injury or disability to or of any person or party,
including but not limited to any employee, arising out of or suffered, directly or indirectly, by
INTERLOCAL AGREEMENT BETWEEN SNOHOMISH
COUNTY AND THE CITY OF ARLINGTON FOR
HALLER PARK IMPROVEMENTS 5 of 9
reason of or in connection with the acquisition or use of the Property and this Agreement;
PROVIDED, that the above indemnification does not apply to those damages solely caused by the
negligence or willful misconduct of the County, its elected and appointed officials, officers,
employees or agents. This indemnification obligation shall include, but is not limited to, all claims
against the County by an employee or former employee of City, and City, by mutual negotiation,
expressly waives all immunity and limitation on liability, as respects the County only, under any
industrial insurance act, including Title 51 RCW, other Worker’s Compensation act, disability
benefit act, or other employee benefit act of any jurisdiction which would otherwise be applicable
in the case of such claim.
8. Liability Related to City Ordinances, Policies, Rules and Regulations.
In executing this Agreement, the County does not assume liability or responsibility for or
in any way release the City from any liability or responsibility which arises in whole or in part
from the existence or effect of City ordinances, policies, rules or regulations. If any cause, claim,
suit, action or administrative proceeding is commenced in which the enforceability and/or validity
of any such City ordinance, policy, rule or regulation is at issue, the City shall defend the same at
its sole expense and, if judgment is entered or damages are awarded against the City, the County,
or both, the City shall satisfy the same, including all chargeable costs and reasonable attorney’s
fees.
9. Insurance.
The City shall procure and maintain for the duration of this Agreement, insurance against
claims for injuries to persons or damages to property which may arise from, or in connection with,
exercise of the rights and privileges granted by this Agreement, by the City, its agents,
representatives, and employees/subcontractors. The cost of such insurance shall be paid by the
City.
9.1 Minimum Scope and Limits of Insurance. General Liability: Insurance Services
Office Form No. CG 00 01 Ed. 11-88, covering COMMERCIAL GENERAL LIABILITY with
limits no less than $1,000,000 combined single limit per occurrence for bodily injury, personal
injury, and property damage.
9.2 Other Insurance Provisions. Coverage shall be written on an “Occurrence” form.
The insurance policies required in this Agreement are to contain or be endorsed to contain the
County, its officers, officials, employees, and agents as additional insureds as respects liability
arising out of activities performed by or on behalf of the City in connection with this Agreement.
9.3 Verification of Coverage. The City shall furnish the County with certificate(s) of
insurance and endorsement(s) required by this Agreement.
9.4 In lieu of the insurance required in this Section 9, the City may, upon request of
and acceptance by the County, provide the County a letter certifying the City’s self-insurance
program.
INTERLOCAL AGREEMENT BETWEEN SNOHOMISH
COUNTY AND THE CITY OF ARLINGTON FOR
HALLER PARK IMPROVEMENTS 6 of 9
10. Compliance with Laws.
In the performance of its obligations under this Agreement, each party shall comply with
all applicable federal, state, and local laws, rules and regulations.
11. Default and Remedies.
11.1 Default. If either the County or the City fails to perform any act or obligation
required to be performed by it hereunder, the other party shall deliver written notice of such failure
to the non-performing party. The non-performing party shall have twenty (20) days after its receipt
of such notice in which to correct its failure to perform the act or obligation at issue, after which
time it shall be in default (“Default”) under this Agreement; provided, however, that if the non-
performance is of a type that could not reasonably be cured within said twenty (20) day period,
then the non-performing party shall not be in Default if it commences cure within said twenty (20)
day period and thereafter diligently pursues cure to completion.
11.2 Remedies. In the event of a party’s Default under this Agreement, then after
giving notice and an opportunity to cure pursuant to Section 11.1 above, the non-Defaulting party
shall have the right to exercise any or all rights and remedies available to it in law or equity.
12. Early Termination.
12.1 30 Days’ Notice. Except as provided in Section 12.2 below, either party may
terminate this Agreement at any time, with or without cause, upon not less than thirty (30) days
advance written notice to the other party. The termination notice shall specify the date on which
the Agreement shall terminate.
12.2 Termination for Breach. In the event that the City fails to complete the Project by
December 31, 2023, and/or otherwise commits a Default as described in Section 11, the County
may terminate this Agreement immediately by delivering written notice to the City. Within thirty
(30) days of such early termination, the City shall return to the County all Funds previously
disbursed from the County to the City for the Project plus interest at the rate of twelve percent
(12%) per annum beginning thirty (30) days from the date of early termination.
13. Dispute Resolution.
In the event differences between the Parties should arise over the terms and conditions or
the performance of this Agreement, the Parties shall use their best efforts to resolve those
differences on an informal basis. If those differences cannot be resolved informally, the matter
may be referred for mediation to a mediator mutually selected by the Parties. If mediation is not
successful or if a party waives mediation, either of the Parties may institute legal action for specific
performance of this Agreement or for damages. The prevailing party in any legal action shall be
entitled to a reasonable attorney’s fee and court costs.
14. Notices.
INTERLOCAL AGREEMENT BETWEEN SNOHOMISH
COUNTY AND THE CITY OF ARLINGTON FOR
HALLER PARK IMPROVEMENTS 7 of 9
All notices required to be given by any party to the other party under this Agreement shall
be in writing and shall be delivered either in person, by United States mail, or by electronic mail
(email) to the applicable Administrator or the Administrator’s designee. Notice delivered in person
shall be deemed given when accepted by the recipient. Notice by United States mail shall be
deemed given as of the date the same is deposited in the United States mail, postage prepaid, and
addressed to the Administrator, or their designee, at the addresses set forth in Section 3 of this
Agreement. Notice delivered by email shall be deemed given as of the date and time received by
the recipient.
15. Miscellaneous.
15.1 Entire Agreement; Amendment. This Agreement constitutes the entire agreement
between the Parties regarding the subject matter hereof, and supersedes any and all prior oral or
written agreements between the Parties regarding the subject matter contained herein. This
Agreement may not be modified or amended in any manner except by a written document executed
with the same formalities as required for this Agreement and signed by the party against whom
such modification is sought to be enforced.
15.2 Conflicts between Attachments and Text. Should any conflicts exist between any
attached exhibit or schedule and the text or main body of this Agreement, the text or main body of
this Agreement shall prevail.
15.3 Governing Law and Venue. This Agreement shall be governed by and enforced
in accordance with the laws of the State of Washington. The venue of any action arising out of this
Agreement shall be in the Superior Court of the State of Washington, in and for Snohomish
County. In the event that a lawsuit is instituted to enforce any provision of this Agreement, the
prevailing party shall be entitled to recover all costs of such a lawsuit, including reasonable
attorney’s fees.
15.4 Interpretation. This Agreement and each of the terms and provisions of it are
deemed to have been explicitly negotiated by the Parties, and the language in all parts of this
Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or
against either of the Parties hereto. The captions and headings in this Agreement are used only for
convenience and are not intended to affect the interpretation of the provisions of this Agreement.
This Agreement shall be construed so that wherever applicable the use of the singular number shall
include the plural number, and vice versa, and the use of any gender shall be applicable to all
genders.
15.5 Severability. If any provision of this Agreement or the application thereof to any
person or circumstance shall, for any reason and to any extent, be found invalid or unenforceable,
the remainder of this Agreement and the application of that provision to other persons or
circumstances shall not be affected thereby, but shall instead continue in full force and effect, to
the extent permitted by law.
15.6 No Waiver. A party’s forbearance or delay in exercising any right or remedy with
respect to a Default by the other party under this Agreement shall not constitute a waiver of the
INTERLOCAL AGREEMENT BETWEEN SNOHOMISH
COUNTY AND THE CITY OF ARLINGTON FOR
HALLER PARK IMPROVEMENTS 8 of 9
Default at issue. Nor shall a waiver by either party of any particular Default constitute a waiver of
any other Default or any similar future Default.
15.7 No Assignment. This Agreement shall not be assigned, either in whole or in part,
by either party without the express written consent of the other party, which may be granted or
withheld in such party’s sole discretion. Any attempt to assign this Agreement in violation of the
preceding sentence shall be null and void and shall constitute a Default under this Agreement.
15.8 Warranty of Authority. Each of the signatories hereto warrants and represents
that he or she is competent and authorized to enter into this Agreement on behalf of the party for
whom he or she purports to sign this Agreement.
15.9 No Joint Venture. Nothing contained in this Agreement shall be construed as
creating any type or manner of partnership, joint venture or other joint enterprise between the
Parties.
15.10 No Separate Entity Necessary. The Parties agree that no separate legal or
administrative entities are necessary to carry out this Agreement.
15.11 Ownership of Property. Except as expressly provided to the contrary in this
Agreement, any real or personal property used or acquired by either party in connection with its
performance under this Agreement will remain the sole property of such party, and the other party
shall have no interest therein.
15.12 No Third Party Beneficiaries. This Agreement and each and every provision
hereof is for the sole benefit of the City and the County. No other persons or Parties shall be
deemed to have any rights in, under or to this Agreement.
15.13 Execution in Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall constitute an original and all of which shall constitute one and
the same agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
above written.
COUNTY:
Name: Dave Somers
Title: County Executive
CITY:
__________________________
Name: Barb Tolbert
Title: Mayor
INTERLOCAL AGREEMENT BETWEEN SNOHOMISH
COUNTY AND THE CITY OF ARLINGTON FOR
HALLER PARK IMPROVEMENTS 9 of 9
Approved as to Form
Attest/Authenticate
By____________________________
Name:
Title:
:
City Attorney
/s/ Sean Reay 3/14/22
Attachment A
Ownership Interest
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Property Search > Search Results > Property Summary
Property Account Summary
2/2/2022
Parcel Number 00461804400000 Property Address UNKNOWN UNKNOWN , UNKNOWN,
General Information
Property Description HALLER CITY BLK 044 D-00 - ALL OF BLK 44
Property Category Land and Improvements
Status Active, Locally Assessed
Tax Code Area 00110
Property Characteristics
Use Code 761 Parks - General Recreation
Unit of Measure Acre(s)
Size (gross)1.33
Related Properties
No Related Properties Found
Parties
Role Percent Name Address
Taxpayer 100 ARLINGTON
CITY OF
238 N OLYMPIC, ARLINGTON, WA
98223 United States
Owner 100 ARLINGTON
CITY OF
18204 59TH DRIVE NE, ARLINGTON,
WA 98223 United States
Property Values
Value Type Tax Year
2022
Tax Year
2021
Tax Year
2020
Tax Year
2019
Tax Year
2018
Taxable Value Regular
Exemption Amount Regular $126,800 $126,900 $126,900 $120,000 $120,000
Market Total $126,800 $126,900 $126,900 $120,000 $120,000
Assessed Value $126,800 $126,900 $126,900 $120,000 $120,000
Market Land $120,000 $120,000 $120,000 $120,000 $120,000
Market Improvement $6,800 $6,900 $6,900
Personal Property
Active Exemptions
Government Property
Home Other Property Data Help
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Events
Effective Date Entry Date-Time Type Remarks
No Events Found
Tax Balance
No Available Tax Charges Information for this Property at the Moment.
Distribution of Current Taxes
District Rate Amount Voted
Amount
Non-Voted
Amount
TOTAL
Pending Property Values
Pending
Tax Year
Market
Land Value
Market
Improvement
Value
Market
Total Value
Current Use
Land Value
Current Use
Improvement
Current Use
Total Value
No Pending Property Values Found
Levy Rate History
Tax Year Total Levy Rate
2021 9.032330
2020 9.030345
2019 9.265123
Real Property Structures
Description Type Year Built More Information
No Real Property Structures Found
Receipts
Date Receipt No.Amount Tendered Amount Due
No Receipts Found
Sales History
Sale
Date
Entry
Date
Recording
Date
Recording
Number
Sale
Amount
Excise
Number
Deed
Type
Transfer
Type Grantor(Seller)Grantee(Buyer)Other
Parcels
No Sales History Found
Property Maps
Neighborhood Code Township Range Section Quarter Parcel Map
5203000 31 05 02 NW View parcel maps for this Township/Range/Section
Printable Version
Developed by Aumentum Technologies.
@2005-2020 All rights reserved.
Version 4.0.3.0
Map Title
Feet 2/2/2022
All maps, data, and information set forth herein (“Data”), are for illustrative purposes only and are
not to be considered an official citation to, or representation of, the Snohomish County Code.
Amendments and updates to the Data, together with other applicable County Code provisions,
may apply which are not depicted herein. Snohomish County makes no representation or
warranty concerning the content, accuracy, currency, completeness or quality of the Data
contained herein and expressly disclaims any warranty of merchantability or fitness for any
particular purpose. All persons accessing or otherwise using this Data assume all responsibility for
use thereof and agree to hold Snohomish County harmless from and against any damages, loss,
claim or liability arising out of any error, defect or omission contained within said Data.
Washington State Law, Ch. 42.56 RCW, prohibits state and local agencies from providing access
to lists of individuals intended for use for commercial purposes and, thus, no commercial use may
be made of any Data comprising lists of individuals contained herein.
4502250
Attachment B
Proof of Insurance
Attachment C
Capital Facilities Plan
2021-21 2021-21 2021-21
Current year Current year Current year
Account Number Account Title Budget Actual
Park Improvement Fund
Capital Expenditures
311.594.76.41.02 Smokey Pt. Civic Space Design 11,000.00 10,500.00 500.00
311.594.76.62.16 Haller Park - Shelter Project 15,000.00 .00 15,000.00
311.594.76.63.11 Veterans Memorial Plaques 300.00 .00 300.00
311.594.76.63.17 Evans Park Improvements 140,000.00 120,813.49 19,186.51
311.594.76.63.23 Legion Park - Cameras .00 5,138.50 5,138.50-
Total Capital Expenditures:166,300.00 136,451.99 29,848.01
Park Improvement Fund Revenue Total:.00 .00 .00
Park Improvement Fund Expenditure Total:166,300.00 136,451.99 29,848.01
Net Total Park Improvement Fund:166,300.00-136,451.99-29,848.01-
Net Grand Totals:166,300.00-136,451.99-29,848.01-
City of Arlington Council Agenda Bill
Item: WS #4 Attachment D
COUNCIL MEETING DATE: April 11, 2022 SUBJECT: Resolution Authorizing Application for WA Recreation and Conservation Office (RCO) Grant ATTACHMENTS: Resolution Authorization form DEPARTMENT OF ORIGIN Administration, Sarah Lopez 360-403-3448 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: Park Improvements BUDGETED AMOUNT: 0 LEGAL REVIEW: DESCRIPTION: Staff is requesting authorization to apply for an RCO grant to help fund a bike pump track at Jensen Park. Arlington Rotary has expressed interest in raising money to fund the project. The approximate cost of the facility is $260,000. This grant, if awarded, could fund up to 50 percent. Grant deadline is
Applicant Resolution/Authorization
Organization Name (sponsor) ______________________________________________________________________________
Resolution No. or Document Name________________________________________________________________________
Project(s) Number(s), and Name(s)___________________________________________________________________________
This resolution/authorization authorizes the person(s) identified below (in Section 2) to act as the authorized
representative/agent on behalf of our organization and to legally bind our organization with respect to the above Project(s) for which we seek grant funding assistance managed through the Recreation and Conservation
Office (Office).
WHEREAS, grant assistance is requested by our organization to aid in financing the cost of the Project(s)
referenced above;
NOW, THEREFORE, BE IT RESOLVED that:
1.Our organization has applied for or intends to apply for funding assistance managed by the Office for
the above “Project(s).”
2.Our organization authorizes the following persons or persons holding specified titles/positions (and
subsequent holders of those titles/positions) to execute the following documents binding our
organization on the above projects:
Grant Document Name of Signatory or Title of Person Authorized to Sign
administering of the grant and
documents (Notice of Grant, Deed of
Right or Assignment of Rights if
applicable). These are items that are
typical recorded on the property with
The above persons are considered an “authorized representative(s)/agent(s)” for purposes of the documents
indicated. Our organization shall comply with a request from the RCO to provide documentation of persons
who may be authorized to execute documents related to the grant.
3.Our organization has reviewed the sample RCO Grant Agreement on the Recreation and Conservation
Office’s WEB SITE at: https://rco.wa.gov/wp-content/uploads/2019/06/SampleProjAgreement.pdf. We
understand and acknowledge that if offered an agreement to sign in the future, it will contain an
indemnification and legal venue stipulation and other terms and conditions substantially in the form
contained in the sample Agreement and that such terms and conditions of any signed Agreement shall
be legally binding on the sponsor if our representative/agent enters into an Agreement on our behalf.
The Office reserves the right to revise the Agreement prior to execution.
4.Our organization acknowledges and warrants, after conferring with its legal counsel, that its authorized
representative(s)/agent(s) have full legal authority to act and sign on behalf of the organization for their
assigned role/document.
5.Grant assistance is contingent on a signed Agreement. Entering into any Agreement with the Office is
purely voluntary on our part.
6.Our organization understands that grant policies and requirements vary depending on the grant
program applied to, the grant program and source of funding in the Agreement, the characteristics of
the project, and the characteristics of our organization.
7.Our organization further understands that prior to our authorized representative(s)/agent(s) executing
any of the documents listed above, the RCO may make revisions to its sample Agreement and that such
revisions could include the indemnification and the legal venue stipulation. Our organization accepts
the legal obligation that we shall, prior to execution of the Agreement(s), confer with our authorizedrepresentative(s)/agent(s) as to any revisions to the project Agreement from that of the sample
Agreement. We also acknowledge and accept that if our authorized representative(s)/agent(s) executesthe Agreement(s) with any such revisions, all terms and conditions of the executed Agreement shall beconclusively deemed to be executed with our authorization.
8.Any grant assistance received will be used for only direct eligible and allowable costs that arereasonable and necessary to implement the project(s) referenced above.
9.[for Recreation and Conservation Funding Board Grant Programs Only] If match is required for thegrant, we understand our organization must certify the availability of match at least one month before
funding approval. In addition, our organization understands it is responsible for supporting all non-cashmatching share commitments to this project should they not materialize.
10.Our organization acknowledges that if it receives grant funds managed by the Office, the Office will pay
us on only a reimbursement basis. We understand reimbursement basis means that we will only requestpayment from the Office after we incur grant eligible and allowable costs and pay them. The Office may
also determine an amount of retainage and hold that amount until all project deliverables, grantreports, or other responsibilities are complete.
11.[for Acquisition Projects Only] Our organization acknowledges that any property acquired with grant
assistance must be dedicated for the purposes of the grant in perpetuity unless otherwise agreed to inwriting by our organization and the Office. We agree to dedicate the property in a signed “Deed of
Right” for fee acquisitions, or an “Assignment of Rights” for other than fee acquisitions (whichdocuments will be based upon the Office’s standard versions of those documents), to be recorded on
the title of the property with the county auditor. Our organization acknowledges that any property
acquired in fee title must be immediately made available to the public unless otherwise provided for in
policy, the Agreement, or authorized in writing by the Office Director.
12.[for Development, Renovation, Enhancement, and Restoration Projects Only–If our organization ownsthe project property] Our organization acknowledges that any property owned by our organization that
is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the
purpose of the grant in perpetuity unless otherwise allowed by grant program policy, or Office in
writing and per the Agreement or an amendment thereto.
13.[for Development, Renovation, Enhancement, and Restoration Projects Only–If your organization DOES
NOT own the property] Our organization acknowledges that any property not owned by ourorganization that is developed, renovated, enhanced, or restored with grant assistance must be
dedicated for the purpose of the grant as required by grant program policies unless otherwise provided
for per the Agreement or an amendment thereto.
14.[Only for Projects located in Water Resources Inventory Areas 1-19 that are applying for funds from the
Critical Habitat, Natural Areas, State Lands Restoration and Enhancement, Riparian Protection, or Urban
Wildlife Habitat grant categories; Aquatic Lands Enhancement Account; or the Puget Sound Acquisition
and Restoration program, or a Salmon Recovery Funding Board approved grant] Our organization
certifies the following: the Project does not conflict with the Puget Sound Action Agenda developed by
the Puget Sound Partnership under RCW 90.71.310.
15.This resolution/authorization is deemed to be part of the formal grant application to the Office.
16.Our organization warrants and certifies that this resolution/authorization was properly and lawfully
adopted following the requirements of our organization and applicable laws and policies and that ourorganization has full legal authority to commit our organization to the warranties, certifications,
promises and obligations set forth herein.
This resolution/authorization is signed and approved on behalf of the resolving body of our organization by the following authorized member(s):
Signed ________________________________________________________________________________________________________
Title ________________________________________________________________ Date _____________________________________
On File at:___________________________________________________________________________________________________
This Applicant Resolution/Authorization was adopted by our organization during the meeting held: (Local Governments and Nonprofit Organizations Only):
Location:___________________________________________________________________Date:___________________________
Washington State Attorney General’s Office
Approved as to form _______________________________________________ 2/13/2020_____________________
Assistant Attorney General Date
You may reproduce the above language in your own format; however, text may not change.
City of Arlington Council Agenda Bill
Item: WS #5 Attachment E
COUNCIL MEETING DATE: April 11, 2022 SUBJECT: Resolution Recognizing the City’s Safety Program ATTACHMENTS: Resolution DEPARTMENT OF ORIGIN Administration, James Trefry, Administrative Services Director 360-403-3443 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: Safety Program BUDGETED AMOUNT: 0 LEGAL REVIEW: DESCRIPTION: City Council recognizes that it is the City’s obligation to provide a safe and healthy working environment for their employees. HISTORY: The City has continued its formal safety program and continues to hold monthly meetings and follows Labor and Industries and OSHA standards. Staff members from each department participate on the safety committee to enhance existing practices and create new solutions. The City continues to improve the safety of City employees, which in turn benefits both the City’s workforce and its citizens by
RESOLUTION NO. 2022–005
A RESOLUTION SUPPORTING THE CITY OF ARLINGTON, WASHINGTON’S SAFETY PROGRAM
WHEREAS, the City Council of the City of Arlington recognizes that it is the obligation of
employers to provide a safe and healthy working environment for their employees; and
WHEREAS, the City Council further recognizes that a formal safety program assists the
organization’s leadership in developing and maintaining a culture of safety by providing the systems and
policies needed to consistently focus both management and staff to the importance of safety and their
obligations associated with it; and
WHEREAS, the benefits to an organization committed to workplace safety typically include
decreased workplace injury rates, more efficient employees, less employee turnover, increased morale,
and lower insurance premiums; and
WHEREAS, the improved safety of city employees leads to benefits for both the City’s workforce
and its citizens;
NOW, THEREFORE, the City Council of the City of Arlington, Washington, hereby resolves as
follows:
The City Council hereby expresses its support of the City’s safety program and adopts the City’s
accident prevention program as the guiding document for the City’s safety programs and
operations.
Approved by the City Council of the City of Arlington this 18th day of April, 2022.
CITY OF ARLINGTON
___________________________
Barbara Tolbert, Mayor
ATTEST:
________________________________
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
________________________
Steven J. Peiffle, City Attorney
City of Arlington Council Agenda Bill Item: WS #6 Attachment F COUNCIL MEETING DATE: April 11, 2022 SUBJECT: Opioid Litigation Settlement ATTACHMENTS: WA Local Government MOU, Exhibits A and B, and PowerPoint Presentation from Keller Rohrback and AWC DEPARTMENT OF ORIGIN Administration; Paul Ellis, City Administrator 360-403-4603; Steve Peiffle, City Attorney EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Washington State and numerous other states and 33 local governments in Washington brought litigation against three distributors of opioids for their role in the opioid epidemic. Arlington did not pursue a lawsuit, but may be the beneficiary of settlement. A proposed settlement has been reached with Washington cities and counties. (The state Attorney General continues to pursue litigation and is not part of this settlement.) A proposed MOU attached sets up a structure for distribution of settlement proceeds if enough WA cities sign on to the MOU. Generally, funds would be distributed to cities via existing Washington State Accountable Communities of Health regional networks, and based on formulas which take into account the historic opioid-related expenditures made by cities in the past. The regional
ONE WASHINGTON OPIOIDS SETTLEMENT
MEMORANDUM OF UNDERSTANDING
ONE WASHINGTON OPIOIDS MOU
WHY DO WE NEED TO SIGN?
•Settlements may be reached with the “Big 3” opioid distributors (McKesson,
Cardinal Health, and AmerisourceBergen) and Johnson & Johnson to resolve
claims by Washington local governments that these companies contributed to
the opioid epidemic.
•The One Washington MOU establishes the framework for distributing and
sharing these settlement proceeds throughout Washington.
•The One Washington MOU prioritizes regionalism, collaboration, and
abatement.
•Defendants want an allocation framework in connection with settlement funds
they will pay in this state.
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APPROVED PURPOSES OF SETTLEMENT
FUNDS
•All settlement funds must be used only for Approved Purposes.
•Approved Purposes are a long and broad list of uses that focus on forward-
looking abatement strategies.
•Examples of Approved Purposes from Opioid Abatement Strategies:
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ALLOCATION OF SETTLEMENT FUNDS
•Under the One Washington MOU, settlement proceeds will be allocated 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. This formula has largely been
used in other state allocation agreements as well.
•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 made opioids epidemic-related expenditures in the past.
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ALLOCATION REGIONS
•In the One Washington 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.
•Opioid funds will be allocated, distributed and managed within each Allocation
Region, as determined by its Regional Agreement.
•A local government that chooses not to participate or sign onto the One
Washington MOU will not receive a direct allocation of funds and the portion
that it would have received will instead be re-allocated to the participating
counties within its Allocation Region.
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ALLOCATION
REGIONS
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•9 Allocation Regions based
on the Washington State
Accountable Community of
Health Regions
•Each Allocation Region will
have its own Regional
Agreement, which will
govern allocation,
management, and
distribution of funds within
that Allocation Region.
OPIOID ABATEMENT COUNCIL
•Prior to distribution of any funds, the participating local governments within an
Allocation Region must establish an Opioid Abatement Council (OAC).
•The OAC will be responsible for:
•Releasing funds in accordance with Approved Purposes
•Annual review of expenditure reports
•Developing and maintaining a centralized dashboard for the publication of
expenditure data to be updated annually
•Hearing complaints regarding failure to use funds for approved purposes or
comply with reporting
•The OAC will be composed of representatives from counties, cities or towns
within that Allocation Region.
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ATTORNEYS’ FEES AND EXPENSES
•A Washington Government Fee Fund (GFF) will be established to ensure that
all parties who receive opioids funds contribute to the payment of attorneys’
fees and expenses.
•The GFF will be 15% of the total cash value of opioids funds.
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MOU PARTICIPATION & TIMELINE
•The One Washington MOU and participation forms can be signed by the body
or individual with authority to approve and execute the documents on behalf
of the local government.
•We want the MOU to be signed as soon as possible so we can begin
negotiating with these defendants.
•We request that local governments to sign by April 30, 2022 (please let us
know if you need more time).
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QUESTIONS
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David Ko
dko@KellerRohrback.com
Derek Loeser
dloeser@kellerrohrback.com
Arden Wilson
awilson@kellerrohrback.com
Keller Rohrback L.L.P.
THANK YOU
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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, Lewis, and Wahkiakum Counties)
North Sound Region (Island, San Juan, Skagit, Snohomish, and Whatcom
Counties)
SouthWest Region (Clark, Klickitat, and Skamania Counties)
Greater Columbia Region (Asotin, Benton, Columbia, Franklin, Garfield,
Kittitas, Walla Walla, Whitman, and Yakima Counties)
Spokane Region (Adams, Ferry, Lincoln, Pend Oreille, Spokane, and
Stevens Counties)
North Central Region (Chelan, Douglas, Grant, and Okanogan Counties)
2.Opioid Funds will be allocated, distributed and managed within
each Allocation Region, as determined by its Regional Agreement as set forth
below. If an Allocation Region does not have a Regional Agreement enumerated
in this MOU, and does not subsequently adopt a Regional Agreement per Section
C.5, the default mechanism for allocation, distribution and management of Opioid
Funds described in Section C.4.a will apply. Each Allocation Region must have
an OAC whose composition and responsibilities shall be defined by Regional
Agreement or as set forth in Section C.4.
3.King County’s Regional Agreement is reflected in Exhibit C to this
MOU.
4.All other Allocation Regions that have not specified a Regional
Agreement for allocating, distributing and managing Opioid Funds, will apply
the following default methodology:
a. Opioid Funds shall be allocated within each Allocation Region by
taking the allocation for a Participating County from Exhibit B and
apportioning those funds between that Participating County and its
Participating Cities and Towns. Exhibit B also sets forth the allocation to
the Participating Counties and the Participating Cities or Towns within the
Counties based on a default allocation formula. As set forth above in
Section B.3, to determine the allocation to a county, this formula utilizes:
(1) the amount of opioids shipped to the county; (2) the number of opioid
deaths that occurred in that county; and (3) the number of people who
suffer opioid use disorder in that county. To determine the allocation
within a county, the formula utilizes historical federal data showing how
the specific Counties and the Cities and Towns within the Counties have
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made opioids epidemic-related expenditures in the past. This is the same
methodology used in the National Settlement Agreements for county and
intra-county allocations. A Participating County, and the Cities and Towns
within it may enter into a separate intra-county allocation agreement to
modify how the Opioid Funds are allocated amongst themselves, provided
the modification is in writing and agreed to by all Participating Local
Governments in the County. Such an agreement shall not modify any of
the other terms or requirements of this MOU.
b.10% of the Opioid Funds received by the Region will be reserved,
on an annual basis, for administrative costs related to the OAC. The OAC
will provide an annual accounting for actual costs and any reserved funds
that exceed actual costs will be reallocated to Participating Local
Governments within the Region.
c.Cities and towns with a population of less than 10,000 shall be
excluded from the allocation, with the exception of cities and towns that
are Litigating Participating Local Governments. The portion of the Opioid
Funds that would have been allocated to a city or town with a population
of less than 10,000 that is not a Litigating Participating Local Government
shall be redistributed to Participating Counties in the manner directed
in C.4.a above.
d.Each Participating County, City, or Town may elect to have its
share re-allocated to the OAC in which it is located. The OAC will then
utilize this share for the benefit of Participating Local Governments within
that Allocation Region, consistent with the Approved Purposes set forth in
Exhibit A. A Participating Local Government’s election to forego its
allocation of Opioid Funds shall apply to all future allocations unless the
Participating Local Government notifies its respective OAC otherwise. If a
Participating Local Government elects to forego its allocation of the
Opioid Funds, the Participating Local Government shall be excused from
the reporting requirements set forth in this Agreement.
e.Participating Local Governments that receive a direct
payment maintain full discretion over the use and distribution of their
allocation of Opioid Funds, provided the Opioid Funds are used solely for
Approved Purposes. Reasonable administrative costs for a Participating
Local Government to administer its allocation of Opioid Funds shall not
exceed actual costs or 10% of the Participating Local Government’s
allocation of Opioid Funds, whichever is less.
f.A Local Government that chooses not to become a Participating
Local Government will not receive a direct allocation of Opioid Funds.
The portion of the Opioid Funds that would have been allocated to a Local
Government that is not a Participating Local Government shall be
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redistributed to Participating Counties in the manner directed
in C.4.a above.
g.As a condition of receiving a direct payment, each Participating
Local Government that receives a direct payment agrees to undertake the
following actions:
i. Developing a methodology for obtaining proposals for use
of Opioid Funds.
ii. Ensuring there is opportunity for community-based input
on priorities for Opioid Fund programs and services.
iii. Receiving and reviewing proposals for use of Opioid Funds
for Approved Purposes.
iv. Approving or denying proposals for use of Opioid
Funds for Approved Purposes.
v. Receiving funds from the Trustee for approved proposals
and distributing the Opioid Funds to the recipient.
vi. Reporting to the OAC and making publicly available all
decisions on Opioid Fund allocation applications,
distributions and expenditures.
h.Prior to any distribution of Opioid Funds within the Allocation
Region, The Participating Local Governments must establish an Opioid
Abatement Council (OAC) to oversee Opioid Fund allocation,
distribution, expenditures and dispute resolution. The OAC may be a
preexisting regional body or may be a new body created for purposes of
executing the obligations of this MOU.
i.The OAC for each Allocation Region shall be composed of
representation from both Participating Counties and Participating Towns
or Cities within the Region. The method of selecting members, and the
terms for which they will serve will be determined by the Allocation
Region’s Participating Local Governments. All persons who serve on the
OAC must have work or educational experience pertaining to one or more
Approved Uses.
j.The Regional OAC will be responsible for the following actions:
i. Overseeing distribution of Opioid Funds from Participating
Local Governments to programs and services within the
Allocation Region for Approved Purposes.
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ii. Annual review of expenditure reports from
Participating Local Jurisdictions within the Allocation
Region for compliance with Approved Purposes and the
terms of this MOU and any Settlement.
iii. In the case where Participating Local Governments chose
to forego their allocation of Opioid Funds:
(i) Approving or denying proposals by Participating Local
Governments or community groups to the OAC for use of
Opioid Funds within the Allocation Region.
(ii) Directing the Trustee to distribute Opioid Funds for use
by Participating Local Governments or community groups
whose proposals are approved by the OAC.
(iii) Administrating and maintaining records of all OAC
decisions and distributions of Opioid Funds.
iv. Reporting and making publicly available all decisions on
Opioid Fund allocation applications, distributions and
expenditures by the OAC or directly by Participating Local
Governments.
v. Developing and maintaining a centralized public dashboard
or other repository for the publication of expenditure data
from any Participating Local Government that receives
Opioid Funds, and for expenditures by the OAC in that
Allocation Region, which it shall update at least annually.
vi. If necessary, requiring and collecting additional outcome-
related data from Participating Local Governments to
evaluate the use of Opioid Funds, and all Participating
Local Governments shall comply with such requirements.
vii. Hearing complaints by Participating Local Governments
within the Allocation Region regarding alleged failure to
(1) use Opioid Funds for Approved Purposes or (2) comply
with reporting requirements.
5. Participating Local Governments may agree and elect to share,
pool, or collaborate with their respective allocation of Opioid Funds in any
manner they choose by adopting a Regional Agreement, so long as such
sharing, pooling, or collaboration is used for Approved Purposes and
complies with the terms of this MOU and any Settlement.
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6. Nothing in this MOU should alter or change any Participating
Local Government’s rights to pursue its own claim. Rather, the intent of
this MOU is to join all parties who wish to be Participating Local
Governments to agree upon an allocation formula for any Opioid Funds
from any future binding Settlement with one or more Pharmaceutical
Supply Chain Participants for all Local Governments in the State of
Washington.
7. If any Participating Local Government disputes the amount it
receives from its allocation of Opioid Funds, the Participating Local
Government shall alert its respective OAC within sixty (60) days of
discovering the information underlying the dispute. Failure to alert its
OAC within this time frame shall not constitute a waiver of the
Participating Local Government’s right to seek recoupment of any
deficiency in its allocation of Opioid Funds.
8. If any OAC concludes that a Participating Local Government’s
expenditure of its allocation of Opioid Funds did not comply with the
Approved Purposes listed in Exhibit A, or the terms of this MOU, or that
the Participating Local Government otherwise misused its allocation of
Opioid Funds, the OAC may take remedial action against the alleged
offending Participating Local Government. Such remedial action is left to
the discretion of the OAC and may include withholding future Opioid
Funds owed to the offending Participating Local Government or requiring
the offending Participating Local Government to reimburse improperly
expended Opioid Funds back to the OAC to be re-allocated to the
remaining Participating Local Governments within that Region.
9. All Participating Local Governments and OAC shall maintain all
records related to the receipt and expenditure of Opioid Funds for no less
than five (5) years and shall make such records available for review by
any other Participating Local Government or OAC, or the public. Records
requested by the public shall be produced in accordance with
Washington’s Public Records Act RCW 42.56.001 et seq. Records
requested by another Participating Local Government or an OAC shall be
produced within twenty-one (21) days of the date the record request was
received. This requirement does not supplant any Participating Local
Government or OAC’s obligations under Washington’s Public Records
Act RCW 42.56.001 et seq.
D.Payment of Counsel and Litigation Expenses
1.The Litigating Local Governments have incurred attorneys’ fees
and litigation expenses relating to their prosecution of claims against the
Pharmaceutical Supply Chain Participants, and this prosecution has inured to the
benefit of all Participating Local Governments. Accordingly, a Washington
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Government Fee Fund (“GFF”) shall be established that ensures that all Parties
that receive Opioid Funds contribute to the payment of fees and expenses incurred
to prosecute the claims against the Pharmaceutical Supply Chain Participants,
regardless of whether they are litigating or non-litigating entities.
2.The amount of the GFF shall be based as follows: the funds to be
deposited in the GFF shall be equal to 15% of the total cash value of the Opioid
Funds.
3.The maximum percentage of any contingency fee agreement
permitted for compensation shall be 15% of the portion of the Opioid Funds
allocated to the Litigating Local Government that is a party to the contingency fee
agreement, plus expenses attributable to that Litigating Local Government. Under
no circumstances may counsel collect more for its work on behalf of a Litigating
Local Government than it would under its contingency agreement with that
Litigating Local Government.
4.Payments from the GFF shall be overseen by a committee (the
“Opioid Fee and Expense Committee”) consisting of one representative of the
following law firms: (a) Keller Rohrback L.LP.; (b) Hagens Berman Sobol
Shapiro LLP; (c) Goldfarb & Huck Roth Riojas, PLLC; and (d) Napoli Shkolnik
PLLC. The role of the Opioid Fee and Expense Committee shall be limited to
ensuring that the GFF is administered in accordance with this Section.
5.In the event that settling Pharmaceutical Supply Chain Participants
do not pay the fees and expenses of the Participating Local Governments directly
at the time settlement is achieved, payments to counsel for Participating Local
Governments shall be made from the GFF over not more than three years, with
50% paid within 12 months of the date of Settlement and 25% paid in each
subsequent year, or at the time the total Settlement amount is paid to the Trustee
by the Defendants, whichever is sooner.
6.Any funds remaining in the GFF in excess of: (i) the amounts
needed to cover Litigating Local Governments’ private counsel’s representation
agreements, and (ii) the amounts needed to cover the common benefit tax
discussed in Section C.8 below (if not paid directly by the Defendants in
connection with future settlement(s), shall revert to the Participating Local
Governments pro rata according to the percentages set forth in Exhibits B, to be
used for Approved Purposes as set forth herein and in Exhibit A.
7.In the event that funds in the GFF are not sufficient to pay all fees
and expenses owed under this Section, payments to counsel for all Litigating
Local Governments shall be reduced on a pro rata basis. The Litigating Local
Governments will not be responsible for any of these reduced amounts.
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8.The Parties anticipate that any Opioid Funds they receive will be
subject to a common benefit “tax” imposed by the court in In Re: National
Prescription Opiate Litigation, United States District Court for the Northern
District of Ohio, Case No. 1:17-md-02804-DAP (“Common Benefit Tax”). If this
occurs, the Participating Local Governments shall first seek to have the settling
defendants pay the Common Benefit Tax. If the settling defendants do not agree
to pay the Common Benefit Tax, then the Common Benefit Tax shall be paid
from the Opioid Funds and by both litigating and non-litigating Local
Governments. This payment shall occur prior to allocation and distribution of
funds to the Participating Local Governments. In the event that GFF is not fully
exhausted to pay the Litigating Local Governments’ private counsel’s
representation agreements, excess funds in the GFF shall be applied to pay the
Common Benefit Tax (if any).
E.General Terms
1.If any Participating Local Government believes another
Participating Local Government, not including the Regional Abatement Advisory
Councils, violated the terms of this MOU, the alleging Participating Local
Government may seek to enforce the terms of this MOU in the court in which any
applicable Settlement(s) was entered, provided the alleging Participating Local
Government first provides the alleged offending Participating Local Government
notice of the alleged violation(s) and a reasonable opportunity to cure the alleged
violation(s). In such an enforcement action, any alleging Participating Local
Government or alleged offending Participating Local Government may be
represented by their respective public entity in accordance with Washington law.
2.Nothing in this MOU shall be interpreted to waive the right of any
Participating Local Government to seek judicial relief for conduct occurring
outside the scope of this MOU that violates any Washington law. In such an
action, the alleged offending Participating Local Government, including the
Regional Abatement Advisory Councils, may be represented by their respective
public entities in accordance with Washington law. In the event of a conflict, any
Participating Local Government, including the Regional Abatement Advisory
Councils and its Members, may seek outside representation to defend itself
against such an action.
3.Venue for any legal action related to this MOU shall be in the
court in which the Participating Local Government is located or in accordance
with the court rules on venue in that jurisdiction. This provision is not intended to
expand the court rules on venue.
4.This MOU may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the
same instrument. The Participating Local Governments approve the use of
electronic signatures for execution of this MOU. All use of electronic signatures
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shall be governed by the Uniform Electronic Transactions Act, C.R.S. §§ 24-71.3-
101, et seq. 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 ____________________________________
EXHIBIT A
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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
2
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.
3
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.
4
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.
5
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.
6
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.
7
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.
8
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
9
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.
10
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
11
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.
EXHIBIT B
Local
County Government % Allocation
Adams County
Adams County 0.1638732475%
Hatton
Lind
Othello
Ritzville
Washtucna
County Total:0.1638732475%
Asotin County
Asotin County 0.4694498386%
Asotin
Clarkston
County Total:0.4694498386%
Benton County
Benton County 1.4848831892%
Benton City
Kennewick 0.5415650564%
Prosser
Richland 0.4756779517%
West Richland 0.0459360490%
County Total:2.5480622463%
Chelan County
Chelan County 0.7434914485%
Cashmere
Chelan
Entiat
Leavenworth
Wenatchee 0.2968333494%
County Total:1.0403247979%
Clallam County
Clallam County 1.3076983401%
Forks
Port Angeles 0.4598370527%
Sequim
County Total:1.7675353928%
*** - Local Government appears in multiple counties B-1
EXHIBIT B
Local
County Government % Allocation
Clark County
Clark County 4.5149775326%
Battle Ground 0.1384729857%
Camas 0.2691592724%
La Center
Ridgefield
Vancouver 1.7306605325%
Washougal 0.1279328220%
Woodland***
Yacolt
County Total:6.7812031452%
Columbia County
Columbia County 0.0561699537%
Dayton
Starbuck
County Total:0.0561699537%
Cowlitz County
Cowlitz County 1.7226945990%
Castle Rock
Kalama
Kelso 0.1331145270%
Longview 0.6162736905%
Woodland***
County Total:2.4720828165%
Douglas County
Douglas County 0.3932175175%
Bridgeport
Coulee Dam***
East Wenatchee 0.0799810865%
Mansfield
Rock Island
Waterville
County Total:0.4731986040%
Ferry County
Ferry County 0.1153487994%
Republic
County Total:0.1153487994%
*** - Local Government appears in multiple counties B-2
EXHIBIT B
Local
County Government % Allocation
Franklin County
Franklin County 0.3361237144%
Connell
Kahlotus
Mesa
Pasco 0.4278056066%
County Total:0.7639293210%
Garfield County
Garfield County 0.0321982209%
Pomeroy
County Total:0.0321982209%
Grant County
Grant County 0.9932572167%
Coulee City
Coulee Dam***
Electric City
Ephrata
George
Grand Coulee
Hartline
Krupp
Mattawa
Moses Lake 0.2078293909%
Quincy
Royal City
Soap Lake
Warden
Wilson Creek
County Total:1.2010866076%
*** - Local Government appears in multiple counties B-3
EXHIBIT B
Local
County Government % Allocation
Grays Harbor County
Grays Harbor County 0.9992429138%
Aberdeen 0.2491525333%
Cosmopolis
Elma
Hoquiam
McCleary
Montesano
Oakville
Ocean Shores
Westport
County Total:1.2483954471%
Island County
Island County 0.6820422610%
Coupeville
Langley
Oak Harbor 0.2511550431%
County Total:0.9331973041%
Jefferson County
Jefferson County 0.4417137380%
Port Townsend
County Total:0.4417137380%
*** - Local Government appears in multiple counties B-4
EXHIBIT B
Local
County Government % Allocation
King County
King County 13.9743722662%
Algona
Auburn***0.2622774917%
Beaux Arts Village
Bellevue 1.1300592573%
Black Diamond
Bothell***0.1821602716%
Burien 0.0270962921%
Carnation
Clyde Hill
Covington 0.0118134406%
Des Moines 0.1179764526%
Duvall
Enumclaw***0.0537768326%
Federal Way 0.3061452240%
Hunts Point
Issaquah 0.1876240107%
Kenmore 0.0204441024%
Kent 0.5377397676%
Kirkland 0.5453525246%
Lake Forest Park 0.0525439124%
Maple Valley 0.0093761587%
Medina
Mercer Island 0.1751797481%
Milton***
Newcastle 0.0033117880%
Normandy Park
North Bend
Pacific***
Redmond 0.4839486007%
Renton 0.7652626920%
Sammamish 0.0224369090%
SeaTac 0.1481551278%
Seattle 6.6032403816%
Shoreline 0.0435834501%
Skykomish
Snoqualmie 0.0649164481%
Tukwila 0.3032205739%
Woodinville 0.0185516364%
Yarrow Point
County Total:26.0505653608%
*** - Local Government appears in multiple counties B-5
EXHIBIT B
Local
County Government % Allocation
Kitsap County
Kitsap County 2.6294133668%
Bainbridge Island 0.1364686014%
Bremerton 0.6193374389%
Port Orchard 0.1009497162%
Poulsbo 0.0773748246%
County Total:3.5635439479%
Kittitas County
Kittitas County 0.3855704683%
Cle Elum
Ellensburg 0.0955824915%
Kittitas
Roslyn
South Cle Elum
County Total:0.4811529598%
Klickitat County
Klickitat County 0.2211673457%
Bingen
Goldendale
White Salmon
County Total:0.2211673457%
Lewis County
Lewis County 1.0777377479%
Centralia 0.1909990353%
Chehalis
Morton
Mossyrock
Napavine
Pe Ell
Toledo
Vader
Winlock
County Total:1.2687367832%
*** - Local Government appears in multiple counties B-6
EXHIBIT B
Local
County Government % Allocation
Lincoln County
Lincoln County 0.1712669645%
Almira
Creston
Davenport
Harrington
Odessa
Reardan
Sprague
Wilbur
County Total:0.1712669645%
Mason County
Mason County 0.8089918012%
Shelton 0.1239179888%
County Total:0.9329097900%
Okanogan County
Okanogan County 0.6145043345%
Brewster
Conconully
Coulee Dam***
Elmer City
Nespelem
Okanogan
Omak
Oroville
Pateros
Riverside
Tonasket
Twisp
Winthrop
County Total:0.6145043345%
Pacific County
Pacific County 0.4895416466%
Ilwaco
Long Beach
Raymond
South Bend
County Total:0.4895416466%
*** - Local Government appears in multiple counties B-7
EXHIBIT B
Local
County Government % Allocation
Pend Oreille County
Pend Oreille County 0.2566374940%
Cusick
Ione
Metaline
Metaline Falls
Newport
County Total:0.2566374940%
Pierce County
Pierce County 7.2310164020%
Auburn***0.0628522112%
Bonney Lake 0.1190773864%
Buckley
Carbonado
DuPont
Eatonville
Edgewood 0.0048016791%
Enumclaw***0.0000000000%
Fife 0.1955185481%
Fircrest
Gig Harbor 0.0859963345%
Lakewood 0.5253640894%
Milton***
Orting
Pacific***
Puyallup 0.3845704814%
Roy
Ruston
South Prairie
Steilacoom
Sumner 0.1083157569%
Tacoma 3.2816374617%
University Place 0.0353733363%
Wilkeson
County Total:12.0345236870%
San Juan County
San Juan County 0.2101495171%
Friday Harbor
County Total:0.2101495171%
*** - Local Government appears in multiple counties B-8
EXHIBIT B
Local
County Government % Allocation
Skagit County
Skagit County 1.0526023961%
Anacortes 0.1774962906%
Burlington 0.1146861661%
Concrete
Hamilton
La Conner
Lyman
Mount Vernon 0.2801063665%
Sedro-Woolley 0.0661146351%
County Total:1.6910058544%
Skamania County
Skamania County 0.1631931925%
North Bonneville
Stevenson
County Total:0.1631931925%
Snohomish County
Snohomish County 6.9054415622%
Arlington 0.2620524080%
Bothell***0.2654558588%
Brier
Darrington
Edmonds 0.3058936009%
Everett 1.9258363241%
Gold Bar
Granite Falls
Index
Lake Stevens 0.1385202891%
Lynnwood 0.7704629214%
Marysville 0.3945067827%
Mill Creek 0.1227939546%
Monroe 0.1771621898%
Mountlake Terrace 0.2108935805%
Mukilteo 0.2561790702%
Snohomish 0.0861097964%
Stanwood
Sultan
Woodway
County Total:11.8213083387%
*** - Local Government appears in multiple counties B-9
EXHIBIT B
Local
County Government % Allocation
Spokane County
Spokane County 5.5623859292%
Airway Heights
Cheney 0.1238454349%
Deer Park
Fairfield
Latah
Liberty Lake 0.0389636519%
Medical Lake
Millwood
Rockford
Spangle
Spokane 3.0872078287%
Spokane Valley 0.0684217500%
Waverly
County Total:8.8808245947%
Stevens County
Stevens County 0.7479240179%
Chewelah
Colville
Kettle Falls
Marcus
Northport
Springdale
County Total:0.7479240179%
Thurston County
Thurston County 2.3258492094%
Bucoda
Lacey 0.2348627221%
Olympia 0.6039423385%
Rainier
Tenino
Tumwater 0.2065982350%
Yelm
County Total:3.3712525050%
Wahkiakum County
Wahkiakum County 0.0596582197%
Cathlamet
County Total:0.0596582197%
*** - Local Government appears in multiple counties B-10
EXHIBIT B
Local
County Government % Allocation
Walla Walla County
Walla Walla County 0.5543870294%
College Place
Prescott
Waitsburg
Walla Walla 0.3140768654%
County Total:0.8684638948%
Whatcom County
Whatcom County 1.3452637306%
Bellingham 0.8978614577%
Blaine
Everson
Ferndale 0.0646101891%
Lynden 0.0827115612%
Nooksack
Sumas
County Total:2.3904469386%
Whitman County
Whitman County 0.2626805837%
Albion
Colfax
Colton
Endicott
Farmington
Garfield
LaCrosse
Lamont
Malden
Oakesdale
Palouse
Pullman 0.2214837491%
Rosalia
St. John
Tekoa
Uniontown
County Total:0.4841643328%
*** - Local Government appears in multiple counties B-11
EXHIBIT B
Local
County Government % Allocation
Yakima County
Yakima County 1.9388392959%
Grandview 0.0530606109%
Granger
Harrah
Mabton
Moxee
Naches
Selah
Sunnyside 0.1213478384%
Tieton
Toppenish
Union Gap
Wapato
Yakima 0.6060410539%
Zillah
County Total:2.7192887991%
*** - Local Government appears in multiple counties B-12
March 2022
Local Government Meetings Date Date Date Date Date Date Date Date
Council Workshops 3/14/22 3/28/22
Council Meetings 3/7/22 3/21/22
5th Monday Meetings
Joint Meetings with City
Boards/Commissions
Special Purpose (WWU & WSU
studies,etc)
Liaison Meeting
Meet with Barb & Paul 3/4/22
LEOFF 1 Board Meeting 3/16/22
Airport Commission 3/8/22
Airport Commission Inteviews 3/23/22 3/30/22
2020 Exit Audit 3/21/22
Planning Commission 3/1/22
Date Date Date Date Date Date Date Date
Association of Washington
Cities 3/4/22
Community Transit
Economic Alliance Snohomish
County 3/1/22 3/8/22 3/15/22 3/22/22 3/29/22
Mayor's Association
Puget Sound Regional Council
Snohomish County Cities
Snohomish County Committee
for Improved Transportation
Snohomish County Tomorrow
Meetings with Snohomish
County personnel and/or
Governor, State departments
National Government
Meetings Date Date Date Date Date Date Date Date
National League of Cities
Meetings in Washington, D.C.,
which address issues with
Congress, Executive, and
Federal departments and
Business Meetings Date Date Date Date Date Date Date Date
Monthly Elected Official Strategic Report Due on 5th of month
Name: Don Vanney Date: March 5, 2022
Non-Profit Meetings Date Date Date Date Date Date Date Date
United Way
Community & Volunteer
Meetings/Events Date Date Date Date Date Date Date Date
Stronger Together
Rotary
Oso Slide Memorial 3/22/22
Ribbon Cutting FDG Web 3/23/22
Ribbon Cutting US Bank 3/24/22
Ribbon Cuttung Fields Senior
Living 3/31/22
MONTH March 2022
Local Government Meetings Date Date Date Date Date Date Date Date
Council Workshops 3/14/22 3/28/22
Council Meetings 3/7/22 3/21/22
5th Monday MeetingsJoint Meetings with City
Boards/Commissions
Special Purpose (WWU & WSU
studies,etc)
Liaison Meeting 3/17/22 3/22/22 3/29/22
CED focus group 3/8/22 3/22/22
New Council Members 3/4/22
Date Date Date Date Date Date Date Date
Association of Washington
Cities
Community Transit
Economic Alliance Snohomish
County
Mayor's Association
Puget Sound Regional Council
Snohomish County Cities
Snohomish County Committee
for Improved Transportation
Snohomish County Tomorrow
Meetings with Snohomish
County personnel and/or
address issues with Legislature,
Governor, State departments
National Government
Meetings Date Date Date Date Date Date Date Date
National League of Cities
Meetings in Washington, D.C.,
which address issues with
Congress, Executive, and
Federal departments and
Business Meetings Date Date Date Date Date Date Date Date
Non-Profit Meetings Date Date Date Date Date Date Date Date
Monthly Elected Official Strategic Report Due on 5th of month
Heather Logan, April 1, 2022
Community & Volunteer
Meetings/Events Date Date Date Date Date Date Date Date
Stronger Together 3/10/22
Rotary
meeting with local business
owner 3/31/22
February 2022
Local Government Meetings Date Date Date Date Date Date Date Date
Council Workshops 3/14/22 3/28/22
Council Meetings 3/7/22 3/21/22
5th Monday MeetingsJoint Meetings with City
Boards/Commissions
Special Purpose (WWU & WSU
studies,etc)
Liaison Meeting 3/3/22 3/24/22
Special Events Stilly Valley
Youth 3/4/22 Ribbon
3/24/22 Bank
Opening
Special Events 3/8/22
Chamber
Regional Government
Meetings Date Date Date Date Date Date Date Date
Association of Washington
Cities
Community Transit 3/3/22 Board
3/17/22
Executive
3/17/22
Finance SnoTrac Fair
County personnel and/or
Governor, State departments
Transportation Improvement
National Government
Meetings Date Date Date Date Date Date Date Date
National League of Cities
Meetings in Washington, D.C.,
which address issues with
Congress, Executive, and
Federal departments and
Business Meetings Date Date Date Date Date Date Date Date
Non-Profit Meetings Date Date Date Date Date Date Date Date
Community & Volunteer
Meetings/Events Date Date Date Date Date Date Date Date
Stronger Together
Rotary
National Night Out
Chamber Meeting
Monthly Elected Official Strategic Report Due on 5th of month
Jan Schuette
MARCH 2022
Local Government Meetings Date Date Date Date Date Date Date Date
Council Workshops 3/14/22 3/28/22
Council Meetings 3/7/22 3/21/22
5th Monday MeetingsJoint Meetings with City
Boards/Commissions
Special Purpose (WWU & WSU
studies,etc)
NCRFA Mtg 3/9/22 3/23/22 3/25/22
PARC Mtg 3/22/22
Date Date Date Date Date Date Date Date
Association of Washington
Cities
Community Transit
Economic Alliance Snohomish
County
Mayor's Association
Puget Sound Regional Council
Snohomish County Cities
Snohomish County Committee
for Improved Transportation
Snohomish County Tomorrow
Meetings with Snohomish
County personnel and/or
address issues with Legislature,
Governor, State departments
National Government
Meetings Date Date Date Date Date Date Date Date
National League of Cities
Meetings in Washington, D.C.,
which address issues with
Congress, Executive, and
Federal departments and
Business Meetings Date Date Date Date Date Date Date Date
Non-Profit Meetings Date Date Date Date Date Date Date Date
Community & Volunteer
Meetings/Events Date Date Date Date Date Date Date Date
Stronger Together
Rotary
Monthly Elected Official Strategic Report Due on 5th of month
Name: Marilyn Oertle Date: 4/5/2022
Local Government Meetings Date Date Date Date Date Date Date Date
Council Workshops 3/14/22 3/28/22
Council Meetings 3/7/22 3/21/22
Airport Commision Interviews 3/23/22 3/30/22
LEOFF Disability Board Meeting 3/16/22
Meeting with Paul/Barb-
visioning 3/4/22
Airport Liaison Meeting 3/8/22
Meeting x 2 Local 3/2/22 3/21/22
Date Date Date Date Date Date Date Date
Association of Washington
Cities 3/24/22 3/29/22
MRSC Training 3/1/22 3/2/22
Economic Alliance Snohomish
County 3/1/22 3/29/22
SnoCo Council on Aging 3/23/22
State Council on Aging 3/22/22
Meetings with Snohomish
County personnel and/or
Governor, State departments
National Government
Meetings Date Date Date Date Date Date Date Date
Meetings in Washington, D.C.,
which address issues with
Congress, Executive, and
Federal departments and
Business Meetings Date Date Date Date Date Date Date Date
Non-Profit Meetings Date Date Date Date Date Date Date Date
Community & Volunteer
Meetings/Events Date Date Date Date Date Date Date Date
Monthly Elected Official Strategic Report Due on 5th of month
Name: Michele Blythe Date: March 2022
NOTES:
3/1/22 MRSC -Conflict Resolution Skills in Local Government
3/1/22 MRSC -Countering Social Media Misinformation
3/2/22 EASC -Building a Community Cyber Defense Network
3/24/22 AWC -Senate Briefings
3/29/22 AWC -Legislatiave Wrap up
3/29/22 EASC -Sound Transit
MONTH Mar-22
Local Government Meetings Date Date Date Date Date Date Date Date
Council Workshops 3/14/22 3/28/22
Council Meetings 3/7/22 3/21/22
5th Monday Meetings
Joint Meetings with City
Boards/Commissions
Special Purpose (WWU & WSU
studies,etc)
Liaison Meeting 3/15/22
Paul Ellis
Planning Commission
Airport Commission
Regional Government
Meetings Date Date Date Date Date Date Date Date
Association of Washington
Cities
Community Transit
Economic Alliance Snohomish
County 3/8/22 3/22/22 3/29/22
Mayor's Association
Puget Sound Regional Council
Snohomish County Cities
Snohomish County Committee
for Improved Transportation
Snohomish County Tomorrow
Meetings with Snohomish
County personnel and/or
Governor, State departments
National Government
Meetings Date Date Date Date Date Date Date Date
National League of Cities
Meetings in Washington, D.C.,
which address issues with
Congress, Executive, and
Federal departments and
Business Meetings Date Date Date Date Date Date Date Date
Non-Profit Meetings Date Date Date Date Date Date Date Date
Community & Volunteer
Meetings/Events Date Date Date Date Date Date Date Date
Monthly Elected Official Strategic Report Due on 5th of month
Mike Hopson
Stronger Together
Rotary
Conferences & Training Date Date Date Date Date Date Date Date
Housing Trust Fund Policy
Advisory Team Board Meeting 3/2/22
NOTES: