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HomeMy WebLinkAbout04-18-22 Council Meeting 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. To join Zoom meeting, click here. Meeting ID: 824 7665 5212 Passcode: 493816 To join with mobile: 1-253-215-8782 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 Recognizing Police Department Promotions Chief Jonathan Ventura PROCLAMATIONS PUBLIC COMMENT For members of the public who wish to speak to the Council about any matter not on the Public Hearing portion of the meeting. Please limit remarks to three minutes. CONSENT AGENDA Mayor Pro Tem Jan Schuette 1. Minutes of the April 4 and April 11, 2022 Council meetings ATTACHMENT A 2. Accounts Payable: Approval of EFT Payments and Claims Checks: #105184 through #105335 dated April 5, 2022 through April 18, 2022 for $1,625,384.96; and Approval of Payroll EFT Payments and Check #30167 through #30174 dated March 1, 2022 through March 31, 2022 in the amount of $1,128,976.48. 3. Resolution Authorizing Application for WA Recreation and ATTACHMENT B Conservation Office Grant 4. Memorandum of Understanding Regarding Opioid Litigation Settlement ATTACHMENT C Arlington City Council Meeting Monday, April 18, 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. PUBLIC HEARING NEW BUSINESS 1. Amendment to March 13 s/b 21, 2022 Council Meeting Minutes ATTACHMENT D Staff Presentation: Paul Ellis Council Liaison: Mayor Pro Tem Jan Schuette 2. Ordinance Approving the Operation of Wheeled All-Terrain Vehicles ATTACHMENT E Staff Presentation: Paul Ellis Council Liaison: Mayor Pro Tem Jan Schuette 3. Interlocal Agreement (ILA) with Snohomish County for Law Enforcement ATTACHMENT F Embedded Social Worker Staff Presentation: Paul Ellis Council Liaison: Mayor Pro Tem Jan Schuette 4. Approval of Cooperative Purchasing Agreement with Sourcewell ATTACHMENT G Staff Presentation: Kristin Garcia Council Liaison: Mayor Pro Tem Jan Schuette 5. Lease Approval with Enterprise Fleet Management ATTACHMENT H Staff Presentation: Paul Ellis Council Liaison: Mayor Pro Tem Jan Schuette 6. Interlocal Agreement with Snohomish County for Haller Park Improvements ATTACHMENT I Staff Presentation: Sarah Lopez Council Liaison: Marilyn Oertle 7. Resolution Recognizing the City’s Safety Program ATTACHMENT J Staff Presentation: James Trefry Council Liaison: Mayor Pro Tem Jan Schuette COMMENTS FROM COUNCILMEMBERS INFORMATION/ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT EXECUTIVE SESSION RECONVENE ADJOURNMENT Mayor Pro Tem Jan Schuette / Mayor Barb Tolbert DRAFT Page 1 of 3 Council Chambers 110 East 3rd Street Monday, April 4, 2022 Councilmembers Present: Don Vanney, Heather Logan, Debora Nelson, Marilyn Oertle, Jan Schuette, Mike Hopson and Michele Blythe. Council Members Absent: None. Staff Present: Mayor Barb Tolbert, Paul Ellis, Amy Rusko, Marty Wray, Julie Petersen, and Wendy Van Der Meersche. Also Known to be Present: Sid Logan, Kathy Vanney, Steve Maisch, and Holly Sloan-Buchanan. Mayor Barb Tolbert called the meeting to order at 7:00 p.m., and the Pledge of Allegiance and roll call followed. APPROVAL OF THE AGENDA Mayor Pro Tem Jan Schuette moved to approve the agenda as presented. Councilmember Marilyn Oertle seconded the motion, which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None. PROCLAMATIONS Mayor Tolbert read a summary of the April 13, 2022 Arbor Day proclamation, and April 17 through April 23, 2022 National Volunteer Week proclamation. PUBLIC COMMENT None. CONSENT AGENDA Mayor Pro Tem Jan Schuette moved and Councilmember Marilyn Oertle seconded the motion to approve the Consent Agenda that was unanimously carried: 1. Minutes of the March 21, 2022 Audit Exit Conference and March 21 and March 28, 2022 Council meeting minutes 2. Accounts Payable: Approval of EFT Payments and Claims Checks: #105093 through #105183 dated March 22, 2022 through April 4, 2022 for $616,341.87. Minutes of the Arlington City Council Meeting Minutes of the City of Arlington City Council Meeting April 4, 2022 Page 2 of 3 PUBLIC HEARING None. NEW BUSINESS Resolution Adopting the 2022 Comprehensive Plan Final Docket Planning Manager Amy Rusko requested Council approve the resolution adopting the 2022 Comprehensive Plan Final Docket. Mayor Pro Tem Jan Schuette moved and Councilmember Marilyn Oertle seconded the motion to approve the resolution adopting the 2022 Comprehensive Plan Final Docket, and authorized the Mayor to sign the resolution. The motion passed 5-2, with Councilmember Mike Hopson and Councilmember Michele Blythe voting no. 2022 Airport Runway 16/34 Mill and Overlay Project Airport Operations Manager Marty Wray requested Council approve the 2022 Airport Runway 16/34 Mill and Overlay Project with Bid Award (Construction Contract), Construction Administration Professional Services Agreement, and Grant Acceptance. Councilmember Michele Blythe moved and Councilmember Mike Hopson seconded the motion: a) to authorize the Mayor to sign the contract with Lakeside Industries, Inc., in an amount not to exceed $2,424,597.08; and b) to authorize the Mayor to sign the Professional Services Agreement with DOWL Engineering, Inc., in the amount not to exceed $201,051.00 for construction administration services; and c) to authorize the Mayor and City Attorney to sign the WSDOT Airport Aid Grant offer and FAA Grant offer, subject to grant award. The motion passed unanimously. Police Department Reorganization and Non-Represented 2022 Pay Plan City Administrator Paul Ellis requested Council approve the Police Department Reorganization and Non-Represented Pay Plan Changes for 2022. Mayor Pro Tem Jan Schuette moved and Councilmember Marilyn Oertle seconded the motion to approve the modification to the Salary Schedule for Non-Represented Employees for 2022, to be effective April 16, 2022 and the modification to that Salary Schedule for Non-Represented Employees to be modified effective July 1, 2022. The motion passed unanimously. Approval of the 2022-2024 Collective Bargaining Agreement between the City of Arlington and the Arlington Police Officers’ Association City Administrator Paul Ellis requested Council approve the Collective Bargaining Agreement between the City of Arlington and Arlington Police Officers' Association (APOA) for 2022-2024. Mayor Pro Tem Jan Schuette moved and Councilmember Don Vanney seconded the motion to approve the Collective Bargaining Agreement between the City of Arlington and the Arlington Police Officers’ Association for 2022-2024 and authorized the Mayor to sign it. The motion passed unanimously. Minutes of the City of Arlington City Council Meeting April 4, 2022 Page 3 of 3 Approval of the 2022-2024 Collective Bargaining Agreement between the City of Arlington and AFSCME Local 2849 City Administrator Paul Ellis requested Council approve the Collective Bargaining Agreement between the City of Arlington and the Arlington City Employees, Local 2849 of the Washington State Council of County and City Employees, Council 2, AFSCME for 2022-2024. Mayor Pro Tem Jan Schuette moved and Councilmember Marilyn Oertle seconded the motion to approve the 2022-2024 Collective Bargaining Agreement by and between the City of Arlington and AFSCME Local 2849, and authorized the Mayor to sign it. The motion passed unanimously. COMMENTS FROM COUNCILMEMBERS None. ADMINISTRATOR & STAFF REPORTS None. MAYOR’S REPORT None. EXECUTIVE SESSION None. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:18 p.m. _________________________________________ Barbara Tolbert, Mayor DRAFT Page 1 of 3 Council Chambers 110 East 3rd Street Monday, April 11, 2022 Councilmembers Present: Michele Blythe, Don Vanney, Debora Nelson, Mike Hopson, Heather Logan, and Jan Schuette. Council Members Absent: Marilyn Oertle was excused. Staff Present: Mayor Barb Tolbert, Paul Ellis, Bryan Terry, Sarah Lopez, City Attorney Steve Peiffle, Wendy Van Der Meersche and Julie Petersen. Also Known to be Present: Kathy Vanney, Bob Nelson, Katie Impson, Nate Impson, Jamyang Dorjee, and Roland Behee. Mayor Barb Tolbert called the meeting to order at 7:00 pm, and the Pledge of Allegiance and roll call followed. APPROVAL OF THE AGENDA Mayor Pro Tem Jan Schuette moved to approve the agenda as presented. Councilmember Debora Nelson seconded the motion, which passed with a unanimous vote. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Community Transit Director of Planning and Development Roland Behee provided the 2024 Planning Update. WORKSHOP ITEMS – NO FINAL ACTION WAS TAKEN Ordinance Approving the Operation of Wheeled All-Terrain Vehicles (WATVs) City Administrator Paul Ellis reviewed the ordinance approving Wheeled All-Terrain Vehicles. This ordinance would amend Title 10 of the AMC by the addition of new Chapter 10.92 Wheeled All-Terrain Vehicles, authorizing the operation of WATVs on designated city streets; establishing limitations, conditions, requirements and enforcement standards. This allows 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. Discussion followed with Mr. Ellis answering Council questions. Lease Approval with Enterprise Fleet Management, Inc. City Administrator Paul Ellis reviewed the funding mechanism that will allow the City to replace aged vehicles more quickly, increase fuel efficiency, increase safety, and reduce maintenance costs. Another program objective is to move the fleet toward hybrid and/or electric vehicles. Two amendments are included with the master lease agreement. Minutes of the Arlington City Council Workshop Minutes of the City of Arlington City Council Workshop April 11, 2022 Page 2 of 3 Amendment A to the lease agreement clarifies Section 11 regarding insurance coverage, and Section 17 is amended to read that agreement will be governed by laws in the State of Washington. Amendment B removes Section 19, as that provision is not in accordance with debt obligation laws of the State of Washington. Discussion followed with Mr. Ellis answering Council questions. Interlocal Agreement (ILA) with Snohomish County for Haller Park Improvements Community Engagement Director Sarah Lopez reviewed the interlocal agreement for the Haller Park Improvement project. This project is part of the master plan for the park. 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. Discussion followed with Ms. Lopez answering Council questions. Resolution Authorizing Application for Recreation and Conservation Office (RCO) Grant Community Engagement Director Sarah Lopez reviewed a request for 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 May 3, 2022, and grants are awarded June of 2023. Discussion followed with Ms. Lopez answering Council questions. Resolution Recognizing the City’s Safety Program City Administrator Paul Ellis reviewed the resolution recognizing the City’s Safety Committee practices. 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 decreased workplace injury rates, more efficient employees, less employee turnover, increased morale, and lower insurance premiums. Opioid Litigation Settlement City Attorney Steve Peiffle reviewed the Opioid Litigation Settlement with Washington State, numerous other states, and 33 local governments in Washington, that 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 council would oversee use of the funds to assure they are applied towards impacts of the opioid crisis. Arlington would participate through the North Sound ACH (Whatcom, Skagit, Snohomish, Island and San Juan Counties). Minutes of the City of Arlington City Council Workshop April 11, 2022 Page 3 of 3 The opioid litigation against these distributors started in 2016, and is now approaching resolution. Cities are asked whether they want to participate. Those who choose to adopt the MOU by April 30, 2022 will have the ability to share in the proceeds (provided enough cities agree to participate). Those who do not will forfeit their share (and it will be absorbed by those cities in the region who do accept the MOU). Discussion followed with Mr. Peiffle answering Council questions. ADMINISTRATOR AND STAFF REPORTS None. MAYOR’S REPORT None. COMMENTS FROM COUNCILMEMBERS Councilmember Deborah Nelson shared that she is proud of the North County Fire Department teamwork and how they work together to save lives. COUNCILMEMBER REPORTS Councilmembers had nothing to report this evening. PUBLIC COMMENT Katie Impson of 437 N. Macleod Ave stated her concern about the City Council considering the approval of an ordinance to operate wheeled all-terrain vehicles within the Arlington city limits. Nate Impson of 437 N. Macleod Ave stated does not agree with allowing these types of vehicles to occupy the streets of Arlington REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING Councilmembers discussed and agreed to place items #4 and #6 on the consent agenda for the April 18, 2022 Council meeting. EXECUTIVE SESSION None. ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 8:24 p.m. _________________________________________ Barbara Tolbert, Mayor City of Arlington Council Agenda Bill Item: CA #3 Attachment B COUNCIL MEETING DATE: April 18, 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: CA#4 AttachmentC COUNCIL MEETING DATE: April 18, 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 1 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. 2 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. 3 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 4 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 5 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 6 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. 7 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. 8 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 9 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. 10 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 11 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] 12 This One Washington Memorandum of Understanding Between Washington Municipalities is signed this _____ day of ___________________, 2022 by: _______________________________________________ Name & Title ___________________________________ On behalf of ____________________________________ EXHIBIT A 1 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 City of Arlington Council Agenda Bill Item: NB #1 Attachment D City of Arlington Council Agenda Bill Item: NB #2 Attachment E COUNCIL MEETING DATE: April 18, 2022 SUBJECT: Ordinance Approving the Operation of Wheeled All-Terrain Vehicles (WATVs) ATTACHMENTS: Ordinance DEPARTMENT OF ORIGIN Administration; Paul Ellis, City Administrator 360-403-4603 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Attached is an ordinance allowing the operation of Wheeled All-Terrain Vehicles (WATVs). This would amend Title 10 of the AMC by the addition of new Chapter 10.92 Wheeled All-Terrain Vehicles (WATVs), authorizing the operation of WATVs on designated city streets; establishing limitations, conditions, I move to approve the ordinance allowing WATVs, and authorize the Mayor to sign it. 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: NB #3 Attachment F COUNCIL MEETING DATE: April 18, 2022 SUBJECT: Interlocal Agreement (ILA) with Snohomish County for Law Enforcement Embedded Social Worker (LEESW) ATTACHMENTS: Interlocal Agreement with Snohomish County for Law Enforcement Embedded Social Worker DEPARTMENT OF ORIGIN Administration; Paul Ellis, City Administrator 360-403-4603 EXPENDITURES REQUESTED: $188,748.31 BUDGET CATEGORY: Police BUDGETED AMOUNT: $188,748.31 LEGAL REVIEW: DESCRIPTION: The ILA for a law enforcement embedded social worker with Snohomish County concluded December 31, 2021. The proposed agreement with Snohomish County will continue with a full time, embedded social worker with Arlington. This agreement also provides for back fill during employee leave and medical oversight needed to administrate the program. $188,748.31was budgeted in the 2022 budget. HISTORY: The City of Arlington and Snohomish County have been working together with a Law Enforcement Embedded Social Worker (LEESW) program. The goal of the LEESW program is to provide an alternative police response to those people with social service needs within and/or directly impacting the City of Arlington. The City of Arlington Council Agenda Bill Item: NB #4 Attachment G COUNCIL MEETING DATE: April 18, 2022 SUBJECT: Approve Cooperative Purchasing Agreement with Sourcewell ATTACHMENTS: Sourcewell Agreement DEPARTMENT OF ORIGIN Finance; Kristin Garcia, Director 360-403-3431 EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: RCW 39.34.030 allows cities to enter into cooperative purchasing agreements. Cooperative purchasing agreements provide a streamlined way for the City to purchase goods and services while adhering to bidding laws. The City is currently a member of Sourcewell (formerly NJPA), and the agreement is being renewed for 2022. City policy requires council approval of all cooperative purchasing agreements. Staff is requesting approval of the agreement with Sourcewell in order to The city’s original membership with this cooperative purchasing agreement was through the National Joint Powers Alliance (NJPA), which became Sourcewell on June 6, 2018. ALTERNATIVES: Do not approve the agreement. RECOMMENDED MOTION: I move to approve the cooperative purchasing agreement with Sourcewell and authorize the Mayor to sign it. City of Arlington Council Agenda Bill Item: NB #5 Attachment H 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: NB #6 Attachment I COUNCIL MEETING DATE: April 18, 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: 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 2/2/22, 2:56 PM https://www.snoco.org/proptax/(S(y23kusgql3jf24yr3uzw30qm))/parcelinfo.aspx https://www.snoco.org/proptax/(S(y23kusgql3jf24yr3uzw30qm))/parcelinfo.aspx 1/2 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 2/2/22, 2:56 PM https://www.snoco.org/proptax/(S(y23kusgql3jf24yr3uzw30qm))/parcelinfo.aspx https://www.snoco.org/proptax/(S(y23kusgql3jf24yr3uzw30qm))/parcelinfo.aspx 2/2 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: NB # 7 Attachment J COUNCIL MEETING DATE: April 18, 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 I move to approve the resolution recognizing the City's safety program, and authorize the Mayor to sign it. 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