2022-06-14 City Council - Full PSPP Agenda-31701.
Op E D
o Agenda
Edmonds City Council
UBLIC SAFETY, PERSONNEL & PLANNING COMMITTEE
CITY COUNCIL CONFERENCE ROOM
121 - 5TH AVENUE N, EDMONDS, WA 98020
JUNE 14, 2022, 4:30 PM
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COMMITTEE MEMBERS: LAURA JOHNSON (CHAIR), SUSAN PAINE, VIVIAN OLSON (EX-OFFICIO
MEMBER)
CALL TO ORDER
COMMITTEE BUSINESS
1. Ordinance to Add Human Services to PSPP Committee (5 min)
2. Ordinance amending ECC 5.27.210 regarding Fireworks Fines (10 min)
3. Opioid Settlement Participation Form (10 min)
4. Missing Middle Grant Application (15 min)
5. Employment Agreement - Executive Assistant to City Council (10 min)
ADJOURN
Edmonds City Council Agenda
June 14, 2022
Page 1
2.1
City Council Agenda Item
Meeting Date: 06/14/2022
Ordinance to Add Human Services to PSPP Committee
Staff Lead: Councilmember Susan Paine
Department: City Council
Preparer: Beckie Peterson
Background/History
The City Council periodically adjusts the content of their standing committee meetings to conform to the
desires of the city council.
Staff Recommendation
Consider and support the proposed ordinance.
Narrative
The City Council has added significant programming and funding streams for our Human Services
program. The work of Human Services involves multiple departments and the standing committee is a
proper platform for policy discussions.
Attachments:
Draft Ordinance adding Human Services to PSPP Committee
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2.1.a
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADDING A NEW PROGRAM TO THE
REGULAR STANDING CITY COUNCIL COMMITTEE
MEETINGS, AND AMENDING ECC 1.04.010
WHEREAS, the city council has the power to organize and regulate its internal affairs
under RCW 35A.11.020; and
WHEREAS, the city council has determined that the city's Human Services Program shall
provide reports at regular city council committee meetings; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Section 1.04.010 of the Edmonds City Code, entitled "Regular public meeting
time and days," is hereby amended to read as follows (new text is shown in underline; deleted text
is shown in stfike through):
1.04.010 Regular public meeting time and days.
A. Full Council. Regular meetings of the city council shall be held on every Tuesday of
every month, except for the second and fifth Tuesdays of a month, at 7:00 p.m. Regular
meetings of the city council shall be held as a hybrid meeting that is accessible both
virtually and in -person and where the in -person component is conducted -in the Council
Chambers, Public Safety Complex, 250 Fifth Avenue N., Edmonds, Washington. Council
meetings shall adjourn no later than 10:00 p.m. on the day initiated unless such
adjournment is extended by an affirmative vote of a majority of the council as a whole
plus one.
B. Council Committees. The city council shall have the following standing committees:
finance; parks and public works ("PPW"); public safety, planning, human services, and
personnel ("PSPHSP"). Regular meetings of the city council standing committees shall be
held on the second Tuesday of every month. Councilmembers and staff may attend all
committee meetings virtually. Members of the public may view the meeting virtually from
their own device or from a monitor that provided by the City in the City Council conference
room, 121 5th Avenue North, Edmonds WA 98020. The respective regular committee
meeting times shall be as follows: (1) PSHSPP shall commence at 4:30 p.m. and end at
5:30 p.m.; (2) Finance shall commence at 5:30 p.m. and end at 7:30 p.m.; and (3) PPW
shall commence at 7:30 p.m. and end at 9:30 p.m. Recordings of city council standing
committee meetings shall be made and posted online.
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2.1.a
Section 3. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 4. Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum and shall take effect five (5)
days after passage and publication of an approved summary thereof consisting of the title.
APPROVED:
MAYOR MIKE NELSON
ATTEST/AUTHENTICATED:
CITY CLERK, SCOTT PASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
JEFF TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
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2.1.a
SUMMARY OF ORDINANCE NO.
of the City of Edmonds, Washington
On the day of , 2022, the City Council of the City of Edmonds, passed
Ordinance No. A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADDING A NEW PROGRAM TO THE
REGULAR STANDING CITY COUNCIL COMMITTEE
MEETINGS, AND AMENDING ECC 1.04.010
The full text of this Ordinance will be mailed upon request.
DATED this day of , 2022.
CITY CLERK, SCOTT PASSEY
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2.2
City Council Agenda Item
Meeting Date: 06/14/2022
Ordinance amending ECC 5.27.210 regarding Fireworks Fines
Staff Lead: Jeff Taraday, City Attorney
Department: City Attorney's Office
Preparer: Scott Passey
Background/History
N/A
Recommendation
Consider attached ordinance and determine whether it should be sent to consent or full council.
Narrative
The state fireworks law is set forth in chapter 70.77 RCW. The City's fireworks regulations are codified in
chapter 5.27 ECC. The penalty for violating the City's fireworks regulation was updated in 2020 with
Ordinance 4194. The 2020 update included language related to public safety and education assessments
(PSEA). Ordinance 4194 did not quantify the PSEA in dollars. The PSEA amount was substantial enough
that, when combined with the new penalties imposed by Ordinance 4194, some concern has arisen that
the fines may now be higher that the council may have understood.
The city council should review the amount that PSEA adds to the current fines. If the council finds the
total amount to be acceptable, then no further action by the council is necessary. If the council finds the
total amount to be more than desired, then the attached proposed ordinance would correct that
situation by including the PSEA amount within the fine.
Attachments:
Ordinance Fireworks Penalties
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2.2.a
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PENALTIES ASSOCIATED
WITH VIOLATING THE CITY'S FIREWORKS CODE.
WHEREAS, the state fireworks law is set forth in chapter 70.77 RCW; and
WHEREAS, the City's fireworks regulations are codified in chapter 5.27 ECC; and
WHEREAS, the penalty for violating the City's fireworks regulation was updated in
2020 with Ordinance 4194; and
WHEREAS, the 2020 update included language related to public safety and education
assessments (PSEA); and
WHEREAS, Ordinance 4194 did not quantify the PSEA in dollars; and
WHEREAS, the PSEA amount is substantial enough that, when combined with the new
penalties imposed by Ordinance 4194, it makes for total amount that is higher than what the city
council supports;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Section 5.27.210 of the Edmonds City Code, entitled "Penalty and violations,"
is hereby amended to read as follows (new text is shown in underline; deleted text is shown in
A. Except as otherwise provided in subsection B of this section, violations of this
chapter shall be punished as a non -traffic infraction, punishable by a fine of five hundred
dollars, PROVIDED THAT —.A the base fine set forth herein shall be adjusted so that the
total amount of the financial obligation to the violator is five hundred dollars after
including all public safety and education assessments (PSEA) required by state law shall
to be added to the base fine described herein. Remission of PSEA money shall be as set
forth in state law and cannot be suspended or waived. The municipal court shall have
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2.2.a
discretion to assess additional penalties for failure to pay or respond to notices of
infraction issued under this section as otherwise allowed by law.
B. Any person violating or failing to comply with the provisions of this chapter
which does not also constitute a violation of state law for the second time within five
years, and any subsequent violations within five years, shall be guilty of a misdemeanor
and upon conviction thereof, shall be punished by a fine of not more than $1,000 and/or
jail not to exceed 90 days, PROVIDED THAT if fines are imposed the base fine set forth
herein shall be adjusted so that the total amount of the financial obligation to the violator
is one thousand dollars after including all public safety and education assessments
(PSEA) required by state law to be added to the base fine described herein.; Any
violation of this chapter which also constitutes a violation of state law shall be punishable
under state law penalties. In addition, any fireworks that are involved in the violation may
be confiscated.
Section 2. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 3. Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum and shall take effect five (5)
days after passage and publication of an approved summary thereof consisting of the title.
APPROVED:
MAYOR MIKE NELSON
ATTEST/AUTHENTICATED:
CITY CLERK, SCOTT PASSEY
APPROVED AS TO FORM:
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2.2.a
OFFICE OF THE CITY ATTORNEY:
M.
JEFF TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
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2.2.a
SUMMARY OF ORDINANCE NO.
of the City of Edmonds, Washington
On the day of , 2022, the City Council of the City of Edmonds, passed
Ordinance No. A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PENALTIES
ASSOCIATED WITH VIOLATING THE CITY'S
FIREWORKS CODE.
The full text of this Ordinance will be mailed upon request.
DATED this day of , 2022.
4840-7251-8158,v. 1
4
CITY CLERK, SCOTT PASSEY
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2.3
City Council Agenda Item
Meeting Date: 06/14/2022
Opioid Settlement Participation Form
Staff Lead: Sharon Cates, City Attorney's Office
Department: City Attorney's Office
Preparer: Scott Passey
Background/History
On May 24, 2022, the City Council approved the Mayor's signature on the "One Washington
Memorandum of Understanding Between Washington Municipalities" (MOU) to opt the City in to the
settlement of certain opioid lawsuits brought by Washington State against the three major opioid
distributors and other entities involved in the pharmaceutical supply chain that manufacture and
dispense prescription opioids. The next step in this process for which the City Council has already given
conceptual approval is to approve the filing with the State of a Subdivision Settlement Participation
Form.
Recommendation
Approval of filing of Subdivision Settlement Participation Form on consent agenda.
Narrative
The State has reached an agreement in principle to settle its lawsuit against the three opioid distributors
for $518 Million. The attached letter from Attorney General Bob Ferguson explains that the State has
entered into this agreement with the opioid distributors and that the State requires municipalities to file
the attached Subdivision Settlement Participation Form by each municipality as evidence of its
acceptance of the settlement. The form references the Distributors Washington Settlement Agreement,
which is also attached hereto. By authorizing the filing of the Participation Form, the City acknowledges
that it is aware of and agrees to the provisions of the Distributors Washington Settlement Agreement
and the related Distributor Global Settlement Agreement, which is attached to the Washington
Agreement at Exhibit H. The City Attorney's Office can answer questions regarding the requirements of
these documents as needed.
Attachments:
Opioid Letter to Local Governments
Participation Form
2022.05.02 - Distributors Washington Settlement Agreement [executed]
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2.3.a
Bob Ferguson
ATTORNEY GENERAL OF WASHINGTON
1125 Washington Street SE — PO Box 40100 — Olympia, WA 98504-0100
June 1, 2022
Dear Local Elected Leaders:
After six months of trial, my office recently announced an agreement in principle with the three
largest opioid distributors, Cardinal Health, AmerisourceBergen and McKesson.
The resolution will result in these three companies paying approximately $518 million over 17
years if all conditions are met. If approved, this will also constitute one of the largest settlements
in state history.
As detailed in the attached agreement, you and your colleagues will have discretion to
earmark a significant portion of these resources to combat the opioid epidemic in your
communities.
The opioid distributor settlement will only be finalized after 100% of litigating Washington local
governments and 90% of non -litigating Washington local governments with a population over
10,000 agree to the deal by executing and returning the enclosed Participation Form. We
have a deadline of September 23, 2022 for local government approval.
I strongly urge you to agree to the settlement. While no settlement is perfect, this resolution will
result in our state receiving significantly more than we would have received if we accepted the
national resolution earlier this year. If we do not receive the requisite participation by the local
governments, we will not receive the $518 million to help Washington combat the opioid
epidemic.
Additionally, if approved, these resources will start flowing into our communities this year to
abate the crisis that continues to devastate families across our state.
Local governments will be able to choose from a broad array of strategies to combat the
epidemic. As examples, this includes:
• Supporting individuals in treatment and recovery, including providing comprehensive
wrap -around services to individuals with opioid use disorder, including housing,
transportation, education, job placement, job training or childcare;
• Addressing the needs of pregnant women and their families, including those with babies
with neonatal disorder;
• Preventing opioid misuse, overprescribing and overdoses through, among other
strategies, school -based and youth -focused programs, public education campaigns,
increased availability and distribution of naloxone and other drugs that treat overdoses,
additional training and enhancements to the prescription drug monitoring program; and
• Supporting first responders, among other strategies.
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ATTORNEY GENERAL OF WASHINGTON
2.3.a
Local Elected Leaders
June 1, 2022
Page 2
This structure is similar to the arrangement that 48 other states and local governments have
entered into with opioid distributors. Importantly, no group of litigating or non -litigating
jurisdictions has decided not to approve the national settlement, and this resolution will bring
tens of millions more to our communities.
Since February of last year, our office has recovered a total of more than $730 million from
opioid litigation, including $183 million in recoveries from Purdue Pharma, more than $18
million from Mallinckrodt, and $13.5 million from McKinsey to address harms from the opioid
crisis. This includes $159 million in additional resources because we rejected national
settlements involving Purdue Pharma and the distributors and took those corporations to
court.
Our trial with Johnson & Johnson is scheduled for September 2022.
Sincerely,
BOB FERGUSON
Attorney General
RWF/jlg
Encl.
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2.3.b
Exhibit F
Subdivision Settlement Participation Form
Governmental Entity:
State:
Authorized Official:
Address 1:
Address 2:
City, State, Zip:
Phone:
Email:
The governmental entity identified above ("Governmental Entity"), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated May 2, 2022 ("Distributors Washington Settlement"), and acting through the
undersigned authorized official, hereby elects to participate in the Distributors Washington
Settlement, release all Released Claims against all Released Entities, and agrees as follows.
The Governmental Entity is aware of and has reviewed the Distributors Washington
Settlement, including the Distributor Global Settlement Agreement dated July 21, 2021
("Global Settlement") attached to the Distributors Washington Settlement as Exhibit H,
understands that all terms in this Participation Form have the meanings defined therein,
and agrees that by signing this Participation Form, the Governmental Entity elects to
participate in the Distributors Washington Settlement and become a Participating
Subdivision as provided therein.
2. The Governmental Entity shall, within 14 days of October 1, 2022 and prior to the filing
of the Consent Judgment, secure the dismissal with prejudice of any Released Claims that
it has filed.
4. The Governmental Entity agrees to the terms of the Distributors Washington Settlement
pertaining to Subdivisions as defined therein.
5. By agreeing to the terms of the Distributors Washington Settlement and becoming a
Releasor, the Governmental Entity is entitled to the benefits provided therein, including,
if applicable, monetary payments beginning after December 1, 2022.
6. The Governmental Entity agrees to use any monies it receives through the Distributors
Washington Settlement solely for the purposes provided therein.
7. The Governmental Entity submits to the jurisdiction of the Washington Consent
Judgment Court for purposes limited to that court's role as provided in, and for resolving
disputes to the extent provided in, the Distributors Washington Settlement. The
Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as
provided in, and for resolving disputes to the extent otherwise provided in the
Distributors Washington Settlement.
F-1
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2.3.c
DISTRIBUTORS WASHINGTON
SETTLEMENT AGREEMENT
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Table of Contents
I. Overview..............................................................................................................................1
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II. Conditions to Effectiveness of Agreement..........................................................................
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III. Participation by Subdivisions..............................................................................................3
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IV. Settlement Payments............................................................................................................3
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V. Plaintiffs' Attorneys' Fees and Costs..................................................................................4
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VI. Release.................................................................................................................................6
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VII. Miscellaneous
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Exhibit A Primary Subdivisions.................................................................................................
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Exhibit B Litigating Subdivisions................................................................................................B-1
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Exhibit C ABC IRS Form 1098-F...............................................................................................C-1
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Exhibit D Cardinal Health IRS Form 1098-F .............................................................................
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Exhibit E McKesson IRS Form 1098-F.......................................................................................E-1
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Exhibit F Subdivision Settlement Participation Form.................................................................
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Exhibit G Consent Judgment and Stipulation of Dismissal with Prejudice ................................
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Exhibit H Distributor Global Settlement Agreement..................................................................
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2.3.c
DISTRIBUTORS — WASHINGTON SETTLEMENT AGREEMENT
I. Overview
This Distributors Washington Settlement Agreement ("Agreement") sets forth the terms
and conditions of a settlement agreement between and among the State of Washington,
McKesson Corporation ("McKesson"), Cardinal Health, Inc. ("Cardinal") and
AmerisourceBergen Corporation ("Amerisource") (collectively, the "Agreement Parties") to
resolve opioid-related Claims against McKesson, Cardinal, and/or Amerisource (collectively,
"Settling Distributors").
By entering into this Agreement, the State of Washington and its Participating
Subdivisions agree to be bound by all terms and conditions of the Distributor Global Settlement
Agreement dated July 21, 2021 (including its exhibits) ("Global Settlement"), which (including
its exhibits) is incorporated into this Agreement as Exhibit H.1 By entering this Agreement, and
upon execution of an Agreement Regarding the State of Washington and the Distributor Global
Settlement Agreement ("Enforcement Committee Agreement"), unless otherwise set forth in this
Agreement, the Settling Distributors agree to treat the State of Washington for all purposes as if
it were a Settling State under the Global Settlement and its Participating Subdivisions for all
purposes as if they were Participating Subdivisions under the Global Settlement. Unless stated
otherwise in this Agreement, the terms of this Agreement are intended to be consistent with the
terms of the Global Settlement and shall be construed accordingly. Unless otherwise defined in
this Agreement, all capitalized terms in this Agreement shall be defined as they are in the Global
Settlement.
The Settling Distributors have agreed to the below terms for the sole purpose of
settlement, and nothing herein, including in any exhibit to this Agreement, may be taken as or
construed to be an admission or concession of any violation of law, rule, or regulation, or of any
other matter of fact or law, or of any liability or wrongdoing, or any misfeasance, nonfeasance,
or malfeasance, all of which the Settling Distributors expressly deny. No part of this Agreement,
including its statements and commitments, and its exhibits, shall constitute or be used as
evidence of any liability, fault, or wrongdoing by the Settling Distributors. Unless the contrary is
expressly stated, this Agreement is not intended for use by any third party for any purpose,
including submission to any court for any purpose.
II. Conditions to Effectiveness of Agreement
A. Global Settlement Conditions to Effectiveness.
1. The Agreement Parties acknowledge that certain deadlines set forth in
Section VIII of the Global Settlement passed before the execution of this Agreement. For
' The version of the Global Settlement as updated on March 25, 2022 is attached to this
Agreement as Exhibit H. Further updates to the Global Settlement shall be deemed incorporated
into this Agreement and shall supersede all earlier versions of the updated provisions.
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2.3.c
that reason, (i) Settling Distributors agree to treat the State of Washington as satisfying the
deadlines set forth in Section VIII of the Global Settlement provided that the State of
Washington satisfies its obligations set forth in this Section II and (ii) the State of
Washington agrees to treat Settling Distributors as having satisfied all notice obligations
under Section VIII.B of the Global Settlement as to the State of Washington.
2. The State of Washington shall deliver all signatures and releases required
by the Agreement to be provided by the Settling States to the Settling Distributors by
September 30, 2022. This Section II.A.2 supersedes the deadline for delivering those
signatures and releases set forth in Section VIII.A.I of the Global Settlement.
B. Agreement with Enforcement Committee. This Agreement shall not become
effective unless the Enforcement Committee and the Settling Distributors execute the Enforcement
Committee Agreement. If the Enforcement Committee Agreement is not executed by June 1, 2022,
the State of Washington and Settling Distributors will promptly negotiate an agreement that mirrors
the Global Settlement to the extent possible and with a credit of $1,000,000 to Settling Distributors
to account for possible credits the Settling Distributors would have received under Section V of this
Agreement from the State Cost Fund and the Litigating Subdivision Cost Fund of the Global
Settlement and to be deducted from the Year 7 payment described in Section V.B.1 and Section
V.C.g of this Agreement.
C. Participation by Subdivisions. If the condition in Section II.B has been satisfied,
this Agreement shall become effective upon one of the following conditions being satisfied:
1. All Litigating Subdivisions in the State of Washington and ninety percent
(90%) of Non -Litigating Primary Subdivisions (calculated by population pursuant to the
Global Settlement) in the State of Washington must become Participating Subdivisions by
September 23, 2022.
2. If the condition set forth in Section II.C.1 is not met, the Settling
Distributors shall have sole discretion to accept the terms of this Agreement, which shall
become effective upon notice provided by the Settling Distributors to the State of
Washington. If the condition set forth by Section II.C.1 is not met and Settling Distributors
do not exercise discretion to accept this Agreement, this Agreement will have no further
effect and all releases and other commitments or obligations contained herein will be void.
D. Dismissal of Claims. Provided that the conditions in Sections II.B and II.0 have
been satisfied, the State of Washington shall file the Consent Judgment described in Section I.N of
the Global Settlement and attached hereto as Exhibit G ("Washington Consent Judgment") with the
King County Superior Court ("Washington Consent Judgment Court") on or before November 1,
2022. This Section II.C.2 supersedes the deadline for submitting a Consent Judgment set forth in
Section VIII.B of the Global Settlement. In the event that the Court declines to enter the
Washington Consent Judgment, each Settling Distributor shall be entitled to terminate the
Agreement as to itself and shall be excused from all obligations under the Agreement, and if a
Settling Distributor terminates the Agreement as to itself, all releases and other commitments or
obligations contained herein with respect to that Settling Distributor will be null and void. The date
of the entry of the Washington Consent Judgment shall be the effective date of this Agreement
2
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2.3.c
("Washington Effective Date"). Within the later of forty-five (45) days after the Washington
Effective Date or December 31, 2022, each Settling Distributor will certify to the State that all
medical claims data provided to it during the litigation (including Medicaid, PMP, LNI claims, and
PEBB data) has been destroyed by the party and its agents, including all retained experts.
III. Participation by Subdivisions
A. Notice. The Office of the State of Washington Attorney General in consultation
with the Settling Distributors shall send individual notice of the opportunity to participate in this
Agreement and the requirements for participation to all Subdivisions eligible to participate who
have not returned an executed Subdivision Settlement Participation Form within fifteen (15) days of
the execution of this Agreement. The Office of the State of Washington Attorney General may also
provide general notice reasonably calculated to alert Subdivisions, including publication and other
standard forms of notification. Nothing contained herein shall preclude the State of Washington
from providing further notice to, or from contacting any of its Subdivision(s) about, becoming a
Participating Subdivision.
B. Trigger Date for Later Litigating Subdivisions. Notwithstanding Sections I.EE and
I.GGGG of the Global Settlement, as to the State of Washington, Settling Distributors and the State
of Washington agree to treat the Trigger Date for Primary Subdivisions as September 23, 2022 and
the Trigger Date for all other Subdivisions as May 3, 2022.
C. Initial and Later Participating Subdivisions. Notwithstanding Sections I.BB, I.CC,
I.FF and Section VII.D and E of the Global Settlement, any Participating Subdivision in
Washington that meets the applicable requirements for becoming a Participating Subdivision set
forth in Section VII.B or Section VII.0 of the Global Settlement on or before September 23, 2022
shall be considered an Initial Participating Subdivision. Participating Subdivisions that are not
Initial Participating Subdivisions but meet the applicable requirements for becoming Participating
Subdivisions set forth in Section VII.B or Section VII.0 of the Global Settlement after September
23, 2022 shall be considered Later Participating Subdivisions.
D. Subdivision Settlement Participation Forms. Each Subdivision Settlement
Participation Form submitted by a Participating Subdivision from the State of Washington shall be
materially identical to Exhibit F to this Agreement. Nothing in Exhibit F is intended to modify in
any way either the terms of this Agreement or the terms of the Global Settlement, both of which the
State of Washington and Participating Subdivisions agree to be bound. To the extent that any
Subdivision Settlement Participation Form submitted by any Participating Subdivision is worded
differently from Exhibit F to this Agreement or interpreted differently from the Global Agreement
and this Agreement in any respect, the Global Agreement and this Agreement control.
IV. Settlement Payments
A. Schedule. Annual Payments under this Agreement shall be calculated as if the
State of Washington were a Settling State under the Global Settlement and shall be made pursuant
to the terms of Section IV of the Global Settlement except that, as to the State of Washington, the
Payment Date for Payment Year 1 shall be December 1, 2022 and the Payment Date for Payment
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2.3.c
Year 2 shall be December 1, 2022. For the avoidance of doubt, the sole component of the State of
Washington's Annual Payment is the portion of the Net Abatement Amount allocated to the State
of Washington under the Global Settlement ("Washington Abatement Amount"). The maximum
possible Washington Abatement Amount is $430,249,769.02.
B. Use of Payment. The Washington Abatement Amount paid under this Agreement
shall be used as provided for in Section V of the Global Settlement.
C. Nature of Payment. The State of Washington and its Participating Subdivisions
agree that payments made to the State of Washington and its Participating Subdivisions under this
Agreement are properly characterized as described in Section V.F of the Global Settlement.
V. Plaintiffs' Attorneys' Fees and Costs
A. Interaction with Global Settlement. Notwithstanding any contrary provision in the
Global Settlement, payments to cover attorneys' fees and costs under this Agreement ("Washington
Fees and Costs") shall be made pursuant to this Section V.
B. Amounts. The total amount to cover of all Washington Fees and Costs is
$87,750,230.98. That total consists of the categories of attorneys' fees and costs set forth in this
Section V.B and shall be paid on the schedule set forth in Section V.C.
1. State Outside and Inside Counsel Fees and Costs. Settling Distributors shall
pay $76,829,316.21 to cover in-house fees and costs and outside counsel fees and costs to
the Washington Attorney General's Office, which shall be used for any lawful purpose in
the discharge of the Attorney General's duties at the sole discretion of the Attorney General.
The amount shall be paid in increments as specified in Section V.0 (Payment Year 1 — 20%,
Payment Year 2 — 20%, Payment Year 3 — 15%, Payment Year 4 — 15%, Payment Year 5 —
15%, Payment Year 6 — 10%, Payment Year 7— 5%.)
2. Fees and Costs for Participating Litigating Subdivisions' Attorney.
Settling Distributors shall pay $10,920,914.70 to Participating Litigating Subdivisions'
attorneys for fees and costs into a single account as directed by the Washington Attorney
General's Office, which then shall be paid as agreed between the State of Washington and
attorneys for Participating Litigating Subdivisions. Participating Litigating Subdivisions'
attorneys shall be paid in accordance with the schedule in Section V.0 and V.D.5 of this
Agreement.
C. Schedule. Washington Fees and Costs shall be paid according to the following
schedule:
a. Payment Year 1: Twenty percent (20%) of the total Washington
Fees and Costs amount ($17,550,046.20), to be paid on or before December 1,
2022.
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2.3.c
b. Payment Year 2: Twenty percent (20%) of the total Washington
Fees and Costs amount ($17,550,046.20), to be paid on or before December 1,
2022.
C. Payment Year 3: Fifteen percent (15%) of the total Washington
Fees and Costs amount ($13,162,534.65), to be paid on or before July 15, 2023.
d. Payment Year 4: Fifteen percent (15%) of the total Washington
Fees and Costs amount ($13,162,534.65), to be paid on or before July 15, 2024.
e. Payment Year 5: Fifteen percent (15%) of the total Washington
Fees and Costs amount ($13,162,534.65), to be paid on or before July 15, 2025.
f. Payment Year 6: Ten percent (10%) of the total Washington Fees
and Costs amount ($8,775,023.10), to be paid on or before July 15, 2026.
g. Payment Year 7: Five percent (5%) of the total Washington Fees
and Costs amount ($4,387,511.55), to be paid on or before July 15, 2027.
D. Remittance. So that Settling Distributors do not pay the same fees and costs under
both the Global Settlement and this Agreement, Washington and its Participating Litigating
Subdivisions and their respective counsel shall do as follows:
1. Participating Litigating Subdivisions in Washington and their counsel shall
apply to the Attorney Fee Fund and the Litigating Subdivision Cost Fund created pursuant
to Exhibit R of the Global Settlement for all fees, costs and expenses for which they may be
eligible and shall instruct the Fee Panel and the Cost and Expense Fund Administrator to
remit to Settling Distributors the full amount awarded to such Participating Litigating
Subdivision, with each Settling Distributor receiving the percentage of that amount
corresponding to the allocation set forth in Section IV.I of the Global Settlement.
2. Counsel for Participating Subdivisions shall instruct the Fee Panel created
by the MDL Court pursuant to Exhibit R of the Global Settlement to remit to Settling
Distributors the Contingency Fee Amount for their Participating Subdivisions in the State of
Washington, with each Settling Distributor receiving the percentage of that amount
corresponding to the allocation set forth in Section IV.I of the Global Settlement.
3. The State of Washington shall instruct the Fee Fund Administrator selected
pursuant to Exhibit S of the Global Settlement that the Settling Distributors shall not pay the
Fixed Amount for the State of Washington, and the State of Washington will not be eligible
to receive funds from the State Outside Counsel Fee Fund under the Global Settlement.
4. The State of Washington shall submit documented costs, as provided for in
Exhibit T of the Global Settlement, to the Global Settlement State Cost Fund created
pursuant to Exhibit T of the Global Settlement for all costs and expenses for which it may
be eligible and shall instruct the State Cost Fund Administrator to remit to Settling
Distributors the full amount awarded to the State of Washington, with each Settling
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2.3.c
Distributor receiving the percentage of that amount corresponding to the allocation set forth
in Section IV.I of the Global Settlement.
5. No Participating Litigating Subdivision shall receive any payment due
under this Agreement, including but not limited to the portion of the Washington Abatement
Amount allocable to the Participating Subdivision, until it and/or its outside counsel, as
applicable, fulfill their obligations under Sections V.D. 1-2.
VI. Release
A. Scope. As of the Washington Effective Date, Section XI of the Global Settlement
is fully binding on, and effective with respect to, all Releasors under this Agreement. Accordingly,
as of the Washington Effective Date, the Released Entities are hereby released and forever
discharged from all Released Claims of Releasors, including the State of Washington and its
Participating Subdivisions.
VII. Miscellaneous
A. No Admission. The Settling Distributors do not admit liability, fault, or
wrongdoing. Neither this Agreement nor the Washington Consent Judgment shall be considered,
construed or represented to be (1) an admission, concession or evidence of liability or wrongdoing
or (2) a waiver or any limitation of any defense otherwise available to the Settling Distributors. It is
the understanding and intent of the Agreement Parties that no portion of the Agreement shall be
entered into evidence in any other action against the Settling Distributors, among other reasons,
because it is not relevant to such action. For the avoidance of any doubt, nothing herein shall
prohibit a Settling Distributor from entering this Agreement into evidence in any litigation or
arbitration concerning a Settling Distributor's right to coverage under an insurance contract.
B. Tax Cooperation and Reporting. The State of Washington and its Participating
Subdivisions will be bound by Section V.F and Section XIV.F of the Global Settlement, except
(i) as set forth in the final sentence of this Section VII.B and (ii) that the State of Washington shall
be its own Designated State and shall designate its own "appropriate official" within the meaning of
Treasury Regulations Section 1.6050X-l(f)(1)(ii)(B) (the "Appropriate Official"). The IRS Forms
1098-F to be filed with respect to this Agreement are attached as Exhibit C, Exhibit D, and Exhibit
E. The State of Washington and its Participating Subdivisions agree that any return, amended
return, or written statement filed or provided pursuant to Section XIV.F.4 of the Global Settlement
with respect to this Agreement, and any similar document, shall be prepared and filed in a manner
consistent with reporting each Settling Distributor's portion of the aggregate amount of payments
paid or incurred by the Settling Distributors hereunder as the "Total amount to be paid" pursuant to
this Agreement in Box 1 of IRS Form 1098-F, each Settling Distributor's portion of the amount
equal to the aggregate amount of payments paid or incurred by the Settling Distributors hereunder
less the Compensatory Restitution Amount as the "Amount to be paid for violation or potential
violation" in Box 2 of IRS Form 1098-F and each Settling Distributor's portion of the
Compensatory Restitution Amount as "Restitution/remediation amount" in Box 3 of IRS Form
1098-F, as reflected in Exhibit C, Exhibit D, and Exhibit E.
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2.3.c
C. No Third -Party Beneficiaries. Except as expressly provided in this Agreement, no
portion of this Agreement shall provide any rights to, or be enforceable by, any person or entity that
is not the State of Washington or a Released Entity. The State of Washington may not assign or
otherwise convey any right to enforce any provision of this Agreement.
D. Cooperation. Each Agreement Party and each Participating Subdivision agrees to
use its best efforts and to cooperate with the other Agreement Parties and Participating Subdivisions
to cause this Agreement to become effective, to obtain all necessary approvals, consents and
authorizations, if any, and to execute all documents and to take such other action as may be
appropriate in connection herewith. Consistent with the foregoing, each Agreement Party and each
Participating Subdivision agrees that it will not directly or indirectly assist or encourage any
challenge to this Agreement or the Washington Consent Judgment by any other person, and will
support the integrity and enforcement of the terms of this Agreement and the Washington Consent
Judgment.
E. Enforcement. All disputes between Settling Distributors and the State of
Washington and/or the Participating Subdivisions in the State of Washington shall be handled as
specified in Section VI of the Global Settlement, including the referral of relevant disputes to the
National Arbitration Panel.
F. No Violations of Applicable Law. Nothing in this Agreement shall be construed to
authorize or require any action by Settling Distributors in violation of applicable federal, state, or
other laws.
G. Modification. This Agreement may be modified by a written agreement of the
Agreement Parties. For purposes of modifying this Agreement or the Washington Consent
Judgment, Settling Distributors may contact the Washington Attorney General for purposes of
coordinating this process. The dates and deadlines in this Agreement may be extended by written
agreement of the Agreement Parties, which consent shall not be unreasonably withheld.
H. No Waiver. Any failure by any Agreement Party to insist upon the strict
performance by any other party of any of the provisions of this Agreement shall not be deemed a
waiver of any of the provisions of this Agreement, and such party, notwithstanding such failure,
shall have the right thereafter to insist upon the specific performance of any and all of the
provisions of this Agreement.
I. Entire Agreement. This Agreement, including the Global Settlement (and its
exhibits), represents the full and complete terms of the settlement entered into by the Agreement
Parties, except as provided herein. In any action undertaken by the Agreement Parties, no prior
versions of this Agreement and no prior versions of any of its terms may be introduced for any
purpose whatsoever.
J. Counterparts. This Agreement may be executed in counterparts, and a facsimile or
.pdf signature shall be deemed to be, and shall have the same force and effect as, an original
signature.
K. Notice. All notices or other communications under this Agreement shall be
provided to the following via email and overnight delivery to:
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2.3.c
Copy to AmerisourceBergen Corporation's attorneys at:
Michael T. Reynolds
Cravath, Swaine & Moore LLP
825 8th Avenue
New York, NY 10019
mreynolds@cravath.com
Copy to Cardinal Health, Inc. 's attorneys at:
Elaine Golin
Wachtell, Lipton, Rosen & Katz
51 West 52nd Street
New York, NY 10019
epgolin@wlrk.com
Copy to McKesson Corporation's attorneys at:
Thomas J. Perrelli
Jenner & Block LLP
1099 New York Avenue, NW, Suite 900
Washington, DC 20001-4412
TPerrelli@jenner.com
Copy to the State of Washington at:
Shane Esquibel
Jeffrey Rupert
Laura Clinton
Washington Attorney General's Office
1125 Washington Street SE
PO Box 40100
Olympia, WA 98504-0100
Shane.Esquibel@atg.wa.gov
Jeffrey.Rupert@atg.wa.gov
Laura.Clinton@atg.wa.gov
[Signatures begin on next page.]
8
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2.3.c
Authorized and agreed to by:
r--
Dated:
ROBERT W. FERGUSON
Attc
LM
Title: Division Chief
Packet Pg. 25
2.3.c
Authorized and agreed to by:
Dated: May 2, 2022 AMERISOURCEBERGEN CORPORATION
By:
Elizabeth Campbell
Executive Vice President and Chief Legal Officer
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2.3.c
Authorized and agreed to by:
Dated: 04/29/2022 CARDINAL HEALTH, INC.
By:
Name: Jessica Mayer
Title: Chief Legal and Compliance Officer
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2.3.c
Authorized and agreed to by:
Dated: 4 Z! Z2' MCKESSON CORPORATION
By:
Name: Scxf-oat-JA C- Ora v
Title: Qff rpe rak
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2.3.c
Exhibit A
Primary Subdivisions2
No. Subdivision Name
1.
Aberdeen city
2.
Adams County
3.
Anacortes City
4.
Arlington City
5.
Asotin County
6.
Auburn City*
7.
Bainbridge Island City
8.
Battle Ground City
9.
Bellevue City*
10.
Bellingham City*
11.
Benton County*
12.
Bonney Lake City
13.
Bothell City*
14.
Bremerton City*
15.
Burien City*
16.
Camas City
17.
Centralia City
18.
Chelan County*
19.
Cheney City
20.
Clallam County*
21.
Clark County*
22.
Covington City
23.
Cowlitz County*
24.
Des Moines City*
25.
Douglas County*
26.
East Wenatchee City
27.
Edgewood City
28.
Edmonds City*
29.
Ellensburg City
30.
Enumclaw City
31.
Everett City*
32.
Federal Way City*
33.
Ferndale City
34.
Fife City
35.
Franklin County*
36.
Gig Harbor City
37.
Grandview City
38.
Grant County*
2 Entities denoted with an asterisk (*) indicate a population of greater than 30,000 for purposes of the definition of
Primary Subdivision as it relates to Incentive Payment C.
A-1
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2.3.c
39.
Grays Harbor County*
40.
Island County*
41.
Issaquah City*
42.
Jefferson County*
43.
Kelso City
44.
Kenmore City
45.
Kennewick City*
46.
Kent City*
47.
King County*
48.
Kirkland City*
49.
Kitsap County*
50.
Kittitas County*
51.
Klickitat County
52.
Lacey City*
53.
Lake Forest Park City
54.
Lake Stevens City*
55.
Lakewood City*
56.
Lewis County*
57.
Liberty Lake City
58.
Lincoln County
59.
Longview City*
60.
Lynden City
61.
Lynnwood City*
62.
Maple Valley City
63.
Marysville City*
64.
Mason County*
65.
Mercer Island City
66.
Mill Creek City
67.
Monroe City
68.
Moses Lake City
69.
Mount Vernon City*
70.
Mountlake Terrace City
71.
Mukilteo City
72.
Newcastle City
73.
Oak Harbor City
74.
Okanogan County*
75.
Olympia City*
76.
Pacific County
77.
Pasco City*
78.
Pend Oreille County
79.
Pierce County*
80.
Port Angeles City
81.
Port Orchard City
82.
Poulsbo City
83.
Pullman City*
84.
Puyallup City*
A-2
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2.3.c
85.
Redmond City*
86.
Renton City*
87.
Richland City*
88.
Sammamish City*
89.
San Juan County
90.
Seatac City
91.
Seattle City*
92.
Sedro-Woolley City
93.
Shelton City
94.
Shoreline City*
95.
Skagit County*
96.
Skamania County
97.
Snohomish City
98.
Snohomish County*
99.
Snoqualmie City
100.
Spokane City*
101.
Spokane County*
102.
Spokane Valley City*
103.
Stevens County*
104.
Sumner City
105.
Sunnyside City
106.
Tacoma City*
107.
Thurston County*
108.
Tukwila City
109.
Tumwater City
110.
University Place City*
111.
Vancouver City*
112.
Walla Walla City*
113.
Walla Walla County*
114.
Washougal City
115.
Wenatchee City*
116.
West Richland City
117.
Whatcom County*
118.
Whitman County*
119.
Woodinville City
120.
Yakima City*
121.
Yakima County*
A-3
Packet Pg. 31
2.3.c
Exhibit B
Liti!ating Subdivisions
No. Subdivision Name
1.
Anacortes City
2.
Bainbridge Island City
3.
Burlington City
4.
Chelan County
5.
Clallam County
6.
Clark County
7.
Everett City
8.
Franklin County
9.
Island County
10.
Jefferson County
11.
Kent City
12.
King County
13.
Kirkland City
14.
Kitsap County
15.
Kittitas County
16.
La Conner School District
17.
Lakewood City
18.
Lewis County
19.
Lincoln County
20.
Mount Vernon City
21.
Mount Vernon School District
22.
Olympia City
23.
Pierce County
24.
San Juan County
25.
Seattle City
26.
Sedro-Woolley City
27.
Sedro-Woolley School District
28.
Skagit County
29.
Snohomish County
30.
Spokane City
31.
Spokane County
32.
Tacoma City
33.
Thurston County
34.
Vancouver City
35.
Walla Walla County
36.
Whatcom County
37.
Whitman County
IM
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2.3.c
Exhibit C
ABC IRS Form 1098-F
This Exhibit C will be appended to the Agreement prior to the Effective Date pursuant to Section
VII.B.
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2.3.c
Exhibit D
Cardinal Health IRS Form 1098-F
This Exhibit D will be appended to the Agreement prior to the Effective Date pursuant to Section
VII.B.
D-1
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2.3.c
Exhibit E
McKesson IRS Form 1098-F
This Exhibit E will be appended to the Agreement prior to the Effective Date pursuant to Section
VII.B.
E- I
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2.3.c
Exhibit F
Subdivision Settlement Participation Form
Governmental Entity:
State:
Authorized Official:
Address 1:
Address 2:
City, State, Zip:
Phone:
Email:
The governmental entity identified above ("Governmental Entity"), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated May 2, 2022 ("Distributors Washington Settlement"), and acting through the
undersigned authorized official, hereby elects to participate in the Distributors Washington
Settlement, release all Released Claims against all Released Entities, and agrees as follows.
The Governmental Entity is aware of and has reviewed the Distributors Washington
Settlement, including the Distributor Global Settlement Agreement dated July 21, 2021
("Global Settlement") attached to the Distributors Washington Settlement as Exhibit H,
understands that all terms in this Participation Form have the meanings defined therein,
and agrees that by signing this Participation Form, the Governmental Entity elects to
participate in the Distributors Washington Settlement and become a Participating
Subdivision as provided therein.
2. The Governmental Entity shall, within 14 days of October 1, 2022 and prior to the filing
of the Consent Judgment, secure the dismissal with prejudice of any Released Claims that
it has filed.
4. The Governmental Entity agrees to the terms of the Distributors Washington Settlement
pertaining to Subdivisions as defined therein.
5. By agreeing to the terms of the Distributors Washington Settlement and becoming a
Releasor, the Governmental Entity is entitled to the benefits provided therein, including,
if applicable, monetary payments beginning after December 1, 2022.
6. The Governmental Entity agrees to use any monies it receives through the Distributors
Washington Settlement solely for the purposes provided therein.
7. The Governmental Entity submits to the jurisdiction of the Washington Consent
Judgment Court for purposes limited to that court's role as provided in, and for resolving
disputes to the extent provided in, the Distributors Washington Settlement. The
Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as
provided in, and for resolving disputes to the extent otherwise provided in the
Distributors Washington Settlement.
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2.3.c
8. The Governmental Entity has the right to enforce the Distributors Washington Settlement
as provided therein.
9. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Distributors Washington Settlement, including, but not limited to, all
provisions of Section XI of the Global Settlement, and along with all departments,
agencies, divisions, boards, commissions, districts, instrumentalities of any kind and
attorneys, and any person in their official capacity elected or appointed to serve any of
the foregoing and any agency, person, or other entity claiming by or through any of the
foregoing, and any other entity identified in the definition of Releasor, provides for a
release to the fullest extent of its authority. As a Releasor, the Governmental Entity
hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim,
or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to
establish liability for any Released Claims against any Released Entity in any forum
whatsoever. The releases provided for in the Distributors Washington Settlement are
intended by the Agreement Parties to be broad and shall be interpreted so as to give the
Released Entities the broadest possible bar against any liability relating in any way to
Released Claims and extend to the full extent of the power of the Governmental Entity to
release claims. The Distributors Washington Settlement shall be a complete bar to any
Released Claim.
10. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Distributors Washington Settlement.
11. In connection with the releases provided for in the Distributors Washington Settlement,
each Governmental Entity expressly waives, releases, and forever discharges any and all
provisions, rights, and benefits conferred by any law of any state or territory of the
United States or other jurisdiction, or principle of common law, which is similar,
comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that
the creditor or releasing party does not know or suspect to exist in his or
her favor at the time of executing the release, and that if known by him or
her would have materially affected his or her settlement with the debtor or
released party.
A Releasor may hereafter discover facts other than or different from those which it
knows, believes, or assumes to be true with respect to the Released Claims, but each
Governmental Entity hereby expressly waives and fully, finally, and forever settles,
releases and discharges, upon the date the Distributors Washington Settlement becomes
effective pursuant to Section II.B of the Distributors Washington Settlement, any and all
Released Claims that may exist as of such date but which Releasors do not know or
suspect to exist, whether through ignorance, oversight, error, negligence or through no
fault whatsoever, and which, if known, would materially affect the Governmental
Entities' decision to participate in the Distributors Washington Settlement.
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12. Nothing herein is intended to modify in any way the terms of the Distributors
Washington Settlement, to which Governmental Entity hereby agrees. To the extent this
Participation Form is worded differently from Exhibit F to the Distributors Washington
Settlement or interpreted differently from the Distributors Washington Settlement in any
respect, the Distributors Washington Settlement controls.
I have all necessary power and authorization to execute this Participation Form on behalf of the
Governmental Entity.
Signature:
Name:
Title:
Date:
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Exhibit G
Consent Judgment and Stipulation of Dismissal with Prejudice
The Honorable Michael Ramsey Scott
Trial Date: November 15, 2021
STATE OF WASHINGTON
KING COUNTY SUPERIOR COURT
STATE OF WASHINGTON,
Plaintiff,
0
MCKESSON CORPORATION,
CARDINAL HEALTH INC., and
AMERISOURCEBERGEN DRUG
CORPORATION,
Defendants.
NO. 19-2-06975-9 SEA
FINAL CONSENT JUDGMENT AND
DISMISSAL WITH PREJUDICE
FINAL CONSENT JUDGMENT AND DISMISSAL WITH PREJUDICE
The State of Washington ("State") and McKesson Corporation, Cardinal Health, Inc.,
AmerisourceBergen Drug Corporation and AmerisourceBergen Corporation, together with the
subsidiaries thereof (collectively, the "Settling Distributors," and each a "Settling Distributor")
(together with the State, the "Parties," and each a "Party") have entered into a consensual
resolution of the above -captioned litigation (the "Action") pursuant to a settlement agreement
entitled Distributors Washington Settlement Agreement, dated as of May 2, 2022 (the
"Washington Agreement"), a copy of which is attached hereto as Exhibit A. The Washington
Agreement shall become effective by its terms upon the entry of this Final Consent Judgment
(the "Judgment") by the Court without adjudication of any contested issue of fact or law, and
without finding or admission of wrongdoing or liability of any kind. By entering into the
Washington Agreement, the State of Washington agrees to be bound by all terms and conditions
G-1
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2.3.c
of the Distributor Settlement Agreement, dated as of July 21, 2021 (as subsequently updated)
(the "Global Agreement"), a copy of which is attached hereto as Exhibit B (together with the
Washington Agreement, the "Agreements") unless stated otherwise in the Washington
Agreement. Unless stated otherwise in the Washington Agreement, the terms of the Washington
Agreement are intended to be consistent with the terms of the Global Settlement and shall be
construed accordingly.
I. RECITALS:
1. Each Party warrants and represents that it engaged in arm's-length negotiations in good
faith. In hereby executing the Agreements, the Parties intend to effect a good -faith settlement.
2. The State has determined that the Agreements are in the public interest.
3. The Settling Distributors deny the allegations against them and that they have any
liability whatsoever to the State, its Subdivisions, and/or (a) any of the State's or Subdivisions'
departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and
attorneys, including its Attorney General, and any person in his or her official capacity whether
elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming
by or through any of the foregoing, (b) any public entities, public instrumentalities, public
educational institutions, unincorporated districts, fire districts, irrigation districts, and other
Special Districts, and (c) any person or entity acting in a parens patriae, sovereign, quasi -
sovereign, private attorney general, qui tam, taxpayer, or other capacity seeking relief on behalf of
or generally applicable to the general public.
4. The Parties recognize that the outcome of the Action is uncertain and a final resolution
through the adversarial process likely will require protracted litigation.
5. The Parties agree to the entry of the injunctive relief terms pursuant to Exhibit P of the
Global Agreement.
6. Therefore, without any admission of liability or wrongdoing by the Settling Distributors
or any other Released Entities (as defined in the Global Agreement), the Parties now mutually
consent to the entry of this Judgment and agree to dismissal of the claims with prejudice pursuant
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to the terms of the Agreements to avoid the delay, expense, inconvenience, and uncertainty of
protracted litigation.
NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
In consideration of the mutual promises, terms, and conditions set forth in the
Agreements, the adequacy of which is hereby acknowledged by all Parties, it is agreed by and
between the Settling Distributors and the State, and adjudicated by the Court, as follows:
1. The foregoing Recitals are incorporated herein and constitute an express term of this
Judgment.
2. The Parties have entered into a full and final settlement of all Released Claims of
Releasors against the Settling Distributors (including but not limited to the State) and the Released
Entities pursuant to the terms and conditions set forth in the Agreements.
3. The "Definitions" set forth in Section I of the Global Agreement are incorporated by
reference into this Judgment. The State is a "Settling State" within the meaning of the Global
Agreement. Unless otherwise defined herein, capitalized terms in this Judgment shall have the
same meaning given to them in the Global Agreement, or, if not defined in the Global Agreement,
the same meaning given to them in the Washington Agreement.
4. The Parties agree that the Court has jurisdiction over the subject matter of the Action
and over the Parties with respect to the Action and this Judgment. This Judgment shall not be
construed or used as a waiver of any jurisdictional defense the Settling Distributors or any other
Released Entity may raise in any other proceeding.
5. The Court finds that the Agreements were entered into in good faith.
6. The Court finds that entry of this Judgment is in the public interest and reflects a
negotiated settlement agreed to by the Parties. The Action is dismissed with prejudice, subject to
a retention of jurisdiction by the Court as provided herein and in the Agreements.
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2.3.c
7. By this Judgment, the Agreements are hereby approved by the Court, and the Court
hereby adopts their terms as its own determination of this matter and the Parties' respective rights
and obligations.
8. The Court shall have authority to resolve disputes identified in Section VI.F.1 of the
Global Agreement, governed by the rules and procedures of the Court.
9. The Parties have satisfied the Conditions to Effectiveness of Agreement set forth in
Section II.B of the Washington Agreement as follows:
a. The Enforcement Committee and the Settling Distributors executed the
Enforcement Committee Agreement by June 1, 2022.
b. All Litigating Subdivisions in the State of Washington and ninety percent (90%)
of Non -Litigating Primary Subdivisions (calculated by population pursuant to the
Global Settlement) in the State of Washington became Participating Subdivisions
by September 23, 2022.
10. The Parties have satisfied the Condition to Effectiveness of Agreement set forth in
Section VIII of the Global Agreement and the Release set forth in Sections XI.A, F, and G of the
Global Agreement, as follows:
a. The Attorney General of the State exercised the fullest extent of his or her powers
to release the Settling Distributors and all other Released Entities from all
Released Claims pursuant to the release attached hereto as Exhibit C (the "AG
Release").
b. The Settling Distributors have determined that there is sufficient State
participation and sufficient resolution of the Claims of the Litigating Subdivisions
in the Settling States to proceed with the Agreements.
C. The Participation Form for each Initial Participating Subdivision in the State has
been delivered to the Settling Distributors. As stated in the Participation Form,
and for the avoidance of doubt, nothing in the Participation Form executed by the
Participating Subdivisions is intended to modify in any way the terms of the
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2.3.c
Agreements to which the Participating Subdivisions agree. As stated in the
Participation Form, to the extent the executed version of the Participation Form
differs from the Global Agreement in any respect, the Global Agreement controls.
d. Pursuant to Section VIII.B of the Global Agreement, each Participating
Subdivision in the State is dismissing with prejudice any Released Claims that it
has filed against the Settling Distributors and the Released Entities.
11. Release. The Parties acknowledge that the AG Release, which is incorporated by
reference herein, is an integral part of this Judgment. Pursuant to the Agreements and the AG
Release and without limitation and to the maximum extent of the power of the State's Attorney
General, the Settling Distributors and the other Released Entities are, as of the Effective Date,
hereby released from any and all Released Claims of (a) the State and its Participating Subdivisions
and any of their departments, agencies, divisions, boards, commissions, Subdivisions, districts,
instrumentalities of any kind and attorneys, including the State's Attorney General, and any person
in his or her official capacity whether elected or appointed to serve any of the foregoing, and any
agency, person, or other entity claiming by or through any of the foregoing, (b) any public entities,
public instrumentalities, public educational institutions, unincorporated districts, fire districts,
irrigation districts, and other Special Districts in the State, and (c) any person or entity acting in a
parens patriae, sovereign, quasi -sovereign, private attorney general, qui tam, taxpayer, or other
capacity seeking relief on behalf of or generally applicable to the general public with respect to
the State or any Subdivision in the State, whether or not any of them participate in the Agreements.
Pursuant to the Agreements and the AG Release and to the maximum extent of the State's power,
the Settling Distributors and the other Released Entities are, as of the Effective Date, hereby
released from any and all Released Claims of (1) the State, (2) all past and present executive
departments, state agencies, divisions, boards, commissions and instrumentalities with the
regulatory authority to enforce state and federal controlled substances acts, and (3) any of the
State's past and present executive departments, agencies, divisions, boards, commissions and
instrumentalities that have the authority to bring Claims related to Covered Conduct seeking
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2.3.c
money (including abatement and/or remediation) or revocation of a pharmaceutical distribution
license. For the purposes of clause (3) above, executive departments, agencies, divisions, boards,
commissions, and instrumentalities are those that are under the executive authority or direct control
of the State's Governor. Further, the provisions set forth in Section XI of the Global Agreement
are incorporated by reference into this Judgment as if fully set forth herein. The Parties
acknowledge, and the Court finds, that those provisions are an integral part of the Agreements and
this Judgment, and shall govern the rights and obligations of all participants in the settlement. Any
modification of those rights and obligations may be made based only on a writing signed by all
affected parties and approved by the Court.
12. Release of Unknown Claims. The State expressly waives, releases, and forever
discharges any and all provisions, rights, and benefits conferred by any law of any state or territory
of the United States or other jurisdiction, or principle of common law, which is similar,
comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to
claims that the creditor or releasing party does not know or suspect
to exist in his or her favor at the time of executing the release that,
if known by him or her, would have materially affected his or her
settlement with the debtor or released party.
13. The State may hereafter discover facts other than or different from those which it
knows, believes, or assumes to be true with respect to the Released Claims, but the State expressly
waived and fully, finally, and forever settled, released and discharged, through the Agreements
and AG Release, any and all Released Claims that may exist as of the Effective Date but which
the State does not know or suspect to exist, whether through ignorance, oversight, error, negligence
or through no fault whatsoever, and which, if known, would have materially affected the State's
decision to enter into the Agreements.
14. Costs and Fees. The Parties will bear their own costs and attorneys' fees except as
otherwise provided in the Agreements.
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2.3.c
15. No Admission of Liability. The Settling Distributors are consenting to this Judgment
solely for the purpose of effectuating the Agreements, and nothing contained herein may be taken
as or construed to be an admission or concession of any violation of law, rule, or regulation, or of
any other matter of fact or law, or of any liability or wrongdoing, all of which the Settling
Distributors expressly deny. None of the Settling Distributors or any other Released Entity admits
that it caused or contributed to any public nuisance, and none of the Settling Distributors or any
other Released Entity admits any wrongdoing that was or could have been alleged by the State, its
Participating Subdivisions, or any other person or entity. No part of this Judgment shall constitute
evidence of any liability, fault, or wrongdoing by the Settling Distributors or any other Released
Entity. The Parties acknowledge that payments made under the Agreements are not a fine, penalty,
or payment in lieu thereof and are properly characterized as described in Section V.F of the Global
Agreement.
16. No Waiver. This Judgment is entered based on the Agreements without adjudication
of any contested issue of fact or law or finding of liability of any kind. This Judgment shall not be
construed or used as a waiver of any Settling Distributor's right, or any other Released Entity's
right, to defend itself from, or make any arguments in, any other regulatory, governmental, private
individual, or class claims or suits relating to the subject matter or terms of this Judgment.
Notwithstanding the foregoing, the State may enforce the terms of this Judgment as expressly
provided in the Agreements.
17. No Private Right of Action. This Judgment is not intended for use by any third party
for any purpose, including submission to any court for any purpose, except pursuant to Section
VI.A of the Global Agreement. Except as expressly provided in the Agreements, no portion of the
Agreements or this Judgment shall provide any rights to, or be enforceable by, any person or entity
that is not a Settling State or Released Entity. The State shall allow Participating Subdivisions in
the State to notify it of any perceived violations of the Agreements or this Judgment. No Settling
State, including the State of Washington, may assign or otherwise convey any right to enforce any
provision of the Agreements.
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2.3.c
18. Admissibility. It is the intent of the Parties that this Judgment not be admissible in
other cases against the Settling Distributors or binding on the Settling Distributors in any respect
other than in connection with the enforcement of this Judgment or the Agreements. For the
avoidance of doubt, nothing herein shall prohibit a Settling Distributor from entering this Judgment
or the Agreements into evidence in any litigation or arbitration concerning (1) a Settling
Distributor's right to coverage under an insurance contract or (2) the enforcement of the releases
provided for by the Agreements and this Judgment.
19. Preservation of Privilege. Nothing contained in the Agreements or this Judgment, and
no act required to be performed pursuant to the Agreements or this Judgment, is intended to
constitute, cause, or effect any waiver (in whole or in part) of any attorney -client privilege, work
product protection, or common interest/joint defense privilege, and each Party agrees that it shall
not make or cause to be made in any forum any assertion to the contrary.
20. Mutual Interpretation. The Parties agree and stipulate that the Agreements were
negotiated on an arm's-length basis between parties of equal bargaining power and was drafted
jointly by counsel for each Party. Accordingly, the Agreements are incorporated herein by
reference and shall be mutually interpreted and not construed in favor of or against any Party,
except as expressly provided for in the Agreements.
21. Retention of Jurisdiction. The Court shall retain jurisdiction of the Parties for the
limited purpose of the resolution of disputes identified in Section VI.F.1 of the Global Agreement.
The Court shall have jurisdiction over Participating Subdivisions in the State for the limited
purposes identified in the Agreements.
22. Successors and Assigns. This Judgment is binding on each of the Settling Distributor's
successors and assigns.
23. Modification. This Judgment shall not be modified (by the Court, by any other court,
or by any other means) without the consent of the State and the Settling Distributors, or as provided
for in Section XIV.0 of the Global Agreement.
Packet Pg. 46
2.3.c
So ORDERED this day of
2022.
THE HONORABLE JUDGE MICHAEL. R. SCOTT
APPROVED, AGREED TO AND PRESENTED BY:
ROBERT W. FERGUSON
Attorney General
s/
MARTHA RODRIGUEZ LOPEZ,
WSBA No. 35466
ANDREW R.W. HUGHES, WSBA No. 49515
NATHAN K. BAYS, WSBA No. 43025
BRIAN H. ROWE, WSBA No. 56817
SPENCER W. COATES, WSBA No. 49683
KELSEY E. ENDRES, WSBA No. 39409
LAURA K. CLINTON, WSBA No. 29846
JONATHAN J. GUSS, WSBA No. 57663
SUSAN E. LLORENS, WSBA No. 38049
LIA E. PERNELL, WSBA No. 50208
MOTLEY RICE LLC
s/
LINDA SINGER, pro hac vice
ELIZABETH SMITH, pro hac vice
DAVID I. ACKERMAN, pro hac vice
JAMES LEDLIE, pro hac vice
DON MIGLIORI, pro hac vice
REBECCA FONSECA, pro hac vice
MICHAEL J. QUIRK, pro hac vice
ANNIE KOUBA, pro hac vice
MICHAEL J. PENDELL, pro hac vice
CHRISTOPHER MORIARTY, pro hac vice
LISA M. SALTZBURG, pro hac vice
NATALIA DEYNEKA, pro hac vice
MICHAEL E. ELSNER, pro hac vice
ANDREW P. ARNOLD, pro hac vice
MIMI LIU, pro hac vice
STOEL RIVES LLP
s/
VANESSA SORIANO POWER,
WSBA No. 30777
JENNA M. POLIGO, WSBA No. 54466
RACHEL C. LEE, WSBA No. 48245
S. JULIA LITTELL, WSBA No. 54106
PER RAMFJORD, pro hac vice
CHRIS C. RIFER, pro hac vice
WILLIAMS & CONNOLLY LLP
s/
LORYN HELFMANN, pro hac vice
A. JOSHUA PODOLL, pro hac vice
SUZANNE SALGADO, pro hac vice
NEELUM J. WADHWANI, pro hac vice
PAUL E. BOEHM, pro hac vice
ELEANOR J.G. WASSERMAN, pro hac vice
DAVID J. PARK, pro hac vice
JOSHUA D. TULLY, pro hac vice
STEVEN PYSER, pro hac vice
ENU A. MAINIGI, pro hac vice
JENNIFER G. WICHT, pro hac vice
JOSEPH S. BUSHUR, pro hac vice
COLLEEN MCNAMARA, pro hac vice
MATTHEW P. MOONEY, pro hac vice
ASHLEY W. HARDIN, pro hac vice
J. ANDREW KEYES, pro hac vice
EMILY R. PISTILLI, pro hac vice
BRAD MASTERS, pro hac vice
CAS
Packet Pg. 47
2.3.c
ANN RITTER, pro hac vice WILLIAM F. HAWKINS, pro hac vice
SARA AGUINGUA, pro hac vice
DAVID BURNETT, pro hac vice Attorneys for Defendant Cardinal Health Inc.
VINCENT GREENE, pro hac vice
Attorneys for Plaintiff State of Washington GORDON TILDEN THOMAS & CORDELL
LLP
FRANKLIN D. CORDELL,
WSBA No. 26392
JEFFREY M. THOMAS,
WSBA No. 21175
KASEY HUEBNER,
WSBANo. 32890
COVINGTON & BURLING
CHISTOPHER EPPICH, pro hac vice
ANDREW STANNER, pro hac vice
KEVIN KELLY, pro hac vice
AMBER CHARLES, pro hac vice
MEGHAN MONAGHAN, pro hac vice
ISAAC CHAPUT, pro hac vice
DANIEL EAGLES, pro hac vice
MEGAN MCLAUGHLIN, pro hac vice
DEVON L. MOBLEY RITTER, pro hac vice
MEGAN RODGERS, pro hac vice
SONYA D. WINNER, pro hac vice
CLAYTON L. BAILEY, pro hac vice
JAMES A. GOOLD, pro hac vice
EMILY KVESELIS, pro hac vice
PAUL W. SCHMIDT, pro hac vice
ALEXANDER SETZEPFANDT, pro hac vice
CHRISTIAN J. PISTILLI, pro hac vice
LAUREN DORRIS, pro hac vice
NICHOLAS GRIEPSMA, pro hac vice
ALISON DICIURCIO, pro hac vice
SARA J. DENNIS, pro hac vice
PHYLLIS A. JONES, pro hac vice
DALE A. RICE, pro hac vice
Attorneys for Defendant McKesson Corp.
LANE POWELL PC
s/
JOHN S. DEVLIN III, WSBA No. 23988
PILAR FRENCH, WSBA No. 33300
REED SMITH LLP
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2.3.c
ROBERT A. NICHOLAS, pro hac vice
KIM M. WATTERSON, pro hac vice
STEVEN BORANIAN, pro hac vice
ELIZABETH BRANDON, pro hac vice
Attorneys for Defendant AmerisourceBergen
Drug Corporation and AmerisourceBergen
Corporation
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2.3.c
DECLARATION OF SERVICE
I declare that I caused a copy of the foregoing document to be electronically served using
the Court's Electronic Filing System, which will serve a copy of this document upon all counsel
of record.
CARDINAL
Vanessa S. Power, Atty
vanessa. ower stoel.com
Jenna Poli o, Atty
jenna.poligo(&,stoel.com
Per A. Ramfjord, Atty
per.ramfjordAstoel.com
Rachel C. Lee, Atty
rachel.lee stoel.com
Christopher C. Rifer, Atty
christopher.rifer@stoel.com
Loryn Helfmann, Atty
Ihelfinann@wc.com
A. Joshua Podoll, Atty
apodoll@wc.com
Suzanne Salgado, Atty
ssalgado@wc.com
Neelum J. Wadhwani, Atty
nwadhwani wc.com
Paul E. Boehm, Atty
pboehm@wc.com
Eleanor J. G. Wasserman, Atty
easserman wc.com
David J. Park, Atty
dpark@wc.com
Joshua D. Tully, Atty
jtullypwc.com
Steven P ser, Atty
spyserAwc.com
Enu A. Maini i, Atty
emainigi@wc.com
Jennifer G. Wicht, Atty
jwicht(&wc.com
Joseph S. Bushur, Atty
jbushurAwc.com
Colleen McNamara, Atty
cmcnamara wc.com
Ashley W. Hardin, Atty
ahardin@wc.com
J. Andrew Keyes, Atty
akeyes@wc.com
Emily R. Pistilli, Atty
epistilli@wc.com
William F. Hawkins, Atty
whawkins@wc.com
Stoel Docketing
docketclerk stoel.com
Leslie Lomax, Legal Assistant
leslie.lomax stoel.com
WA Action
cardinalwashin tonaction wc.com
MCKESSON
Franklin D. Cordell
fcordell
ordontilden.com
Jeffrey M. Thomas
jthomasggordontilden.com
Kasey Huebner
khuebner
ordontilden.com
Christopher Eppich, Atty
ceppichAcov.com
Andrew Stanner, Atty
astanner
cov.com
Kevin Kelly, Atty
kkellyAcov.com
Amber Charles, Atty
acharles
cov.com
Me han Monaghan, Atty
mmona han cov.com
Isaac Cha ut, Atty
icha ut
cov.com
Daniel Eagles, Atty
dea les
cov.com
Megan McLaughlin, Atty
mmclau hlin cov.com
Devon L. Mobley -Ritter, Atty
dmobleyritterAcov.com
Megan Rodgers, Atty
mrod ers
cov.com
Sonya D. Winner, Atty
swinner
cov.com
Clayton L. Bailey, Aft
cbaile
cov.com
G-12
Packet Pg. 50
2.3.c
James A. Goold, Atty
igoold@cov.com
Emily Kveselis, Atty
eveselis cov.com
Paul W. Schmidt, Atty
pschmidt(&,cov.com
Alexander Setze fandt, Atty
asetze fandt cov.com
Christian J. Pistilli, Atty
c istilli cov.com
Lauren Dorris, Atty
ldorris cov.com
Nicholas Grie sma, Atty
ngriepsmaAcov.com
Alison DiCiurcio, Atty
adiciurcio cov.com
Sara J. Dennis, Atty
sdennis cov.com
Phyllis A. Jones, Atty
pajones@cov.com
Dale A. Rice, Atty
drice@cov.com
Nicole Antoine, Atty
nantoine@cov.com
Timothy Hester, Atty
thester@cov.com
Gregory L. Halperin, Atty
ghalperin@cov.com
Stephen Petkis, Atty
s etkis cov.com
Alice Phillips Atty
a hilli s cov.com
Ellen Evans, Legal Assistant
eevansAgordontilden.com
Jacqueline Lucien Legal Assistant
jlucienggordontilden.com
Courtney Caryl Garth, Paralegal
ccar 1 ordontilden.com
Electronic Mailing Inbox
mckessonwa cov.com
AMERISOURCEBERGEN
Pilar French, Aft
frenchpglanepowell.com
John S. Devlin III, Atty
devlin' lane owell.com
Katie Bass, Atty
bassk lane owell.com
Elizabeth Brandon, Atty
ebrandon reedsmith.com
Sarah Johansen, Atty
s'ohansen reedsmith.com
Rachel B. Weil, Atty
rweil reedsmith.com
Steven Boranian, Atty
sboranian reedsmith.com
Adam D. Brownrout, Atty
abrownrout reedsmith.com
Nicole S. Soussan, Atty
nsoussan reedsmith.com
Brian T. Himmel, Atty
bhimmel reedsmith.com
Shannon E. McClure, Atty
smcclure reedsmith.com
Michael J. Salimbene, Atty
msalimbene reedsmith.com
Robert A. Nicholas, Atty
micholas reedsmith.com
Thomas H. Suddath, Jr., Atty
tsuddath reedsmith.com
Thomas J. McGarri le, Atty
tmc arri le reedsmith.com
Courtland C. Chillingworth, Atty
cchillin orth reedsmith.com
Christina M. Vitale, Atty
cvitale reedsmith.com
Brian T. Kiolbasa, Atty
kiolbasab lane owell.com
Abigail M. Pierce, Atty
abi ail. fierce reedsmith.com
Joseph Mahad , Atty
jmahady(q-,)reedsmith.com
Jeffrey R. Melton, Atty
jmeltongreedsmith.com
Anne E. Rollins, Atty
arollins reedsmith.com
Eric J. Buhr, Atty
ebuhr reedsmith.com
Brent R. Gary, Atty
b a reedsmith.com
Kim M. Watterson, Aft
KWatterson@reedsmith.com
Jeffrey M. Weimer, Aft
JWeimer reedsmith.com
E-Mailbox
Docketin -SEA lane owell.com
E-Mailbox
Docketin -PDX lane owell.com
E-Mailbox
ABDCWA LanePowell.com
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DATED day of 2022, at Seattle, Washington.
s_/
ANDREW R.W. HUGHES, WSBA No. 49515
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2.3.c
[See attachment.]
Exhibit H
Distributor Global Settlement Agreement
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2.4
City Council Agenda Item
Meeting Date: 06/14/2022
Missing Middle Grant Application
Staff Lead: Susan McLaughlin
Department: Planning Division
Preparer: Brad Shipley
Background/History
Washington State's 2022 supplemental operating budget, directed the Department of Commerce to
develop a grant program to support, but not require, the adoption of ordinances authorizing middle
housing types, along with a conducting a required racial equity analysis.
The grant would provide the city with $100,000 to support this analysis.
Staff Recommendation
We recommend Council provide a letter of commitment for the grant application to provide funds that
supports analysis that is already required and/or anticipated.
Narrative
Acceptance of the grant funds requires the City to evaluate and consider allowing missing middle
housing on 30 percent of lots zoned single family and conduct racial equity analysis.
The City anticipates the need to analyze house -scale, missing middle building typologies to meet our 20
year growth projections in association with the 2024 Comprehensive Plan update. This gentle density
approach is consistent with reasonable measures identified in the Countywide Planning Policies to
address lack of developable capacity and is consistent Housing Commission recommendations.
City staff submitted a non -committal letter of intent on June 8th to allow time to discuss the grant
program with Council. The due date for second round applications is July 5th, 2022. Accepting the grant
will help fund the 2024 Comprehensive Plan update which requires the city to evaluate housing.
Acceptance of the grant does not require the city to adopt missing ordinances to require missing middle
housing. The attached Q&A provides some answers on the requirements and commitments related to
the acceptance of the grant funding.
Attachments:
Middle Housing Grant Q&A
Packet Pg. 54
Middle Housing Grant Q 6 A
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M
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Summary:
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In the 2022 legislative session, Growth Management Services (GMS) received $7.5 million to create a grant d
program for middle housing. In May, GMS formalized the grant program application process, grant a
requirements, and provided an informational workshop on May 23, 2022 to discuss the program with potential
a�
applicants. Approximately 30 city representatives attended the workshop, and asked questions. This Q&A 5 .N
captures those questions and answers, and others sent by email, providing an update to the grant program. LA
2
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06
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Contents
L
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MIDDLE HOUSING GRANT PROGRAM PROVISO EXCERPT............................................................................
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WHAT DO YOU MEAN BY MIDDLE HOUSING AND 30%?
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HOW MUCH COMMITMENT DOES A CITY HAVE TO MAKE TO GET THE GRANT? ..........................................
4 -a
WHAT ARE ELIGIBLE ACTIVITIES?
6
a�
TIMING OF APPLICATIONS AND POTENTIAL LEGISLATION.........................................................................
6
MORE DETAIL ON COMMERCE TECHNICAL ASSISTANCE OPPORTUNITIES................................................. 7 a
MORE DETAIL ON WORKING WITH COMMUNITY -BASED ORGANIZATIONS (CBOs)...................................... 7
Packet Pg. 55
2.4.a
Proviso excerpt:
MIDDLE HOUSING GRANT PROGRAM PROVISO EXCERPT
(189) $7,500,000 of the general fund —state appropriation for fiscal year 2023 is provided solely for the department to administer
grants to eligible cities for actions relating to adopting ordinances that would authorize middle housing types on at least 30 percent of
lots currently zoned as single family residential.
For the purposes of this subsection, "middle housing types" include duplexes, triplexes, fourplexes, fiveplexes, sixplexes, townhouses,
courtyard apartments, cottage housing, and stacked flats.
(a) For the purposes of this subsection, a city is eligible to receive a grant if:
i. The city is required to plan under RCW 36.70A.040; and
ii. The city is required to take action on or before June 30, 2024, to review and, if needed, revise its
comprehensive plan and development regulations pursuant to RCW 36.70A.130(5)(a).
(b) Grant recipients must use grant funding for costs to conduct at least three of the following activities:
i. Analyzing comprehensive plan policies and municipal code to determine the extent of
amendments required to meet the goal of authorizing middle housing types on at least 30
percent of lots currently zoned as single family residential;
ii. Preparing informational material for the public;
iii. Conducting outreach, including with the assistance of community -based organizations, to
inform and solicit feedback from a representative group of renters and owner -occupied
households in residential neighborhoods, and from for -profit and nonprofit residential
developers;
iv. Drafting proposed amendments to zoning ordinances for consideration by the city planning
commission and city council;
V. Holding city planning commission public hearings;
vi. Publicizing and presenting the city planning commission's recommendations to the city council;
and
vii. Holding city council public hearings on the planning commission's recommendations.
(c) Before updating their zoning ordinances, a city must use a racial equity analysis and establish
antidisplacement policies as required under RCW 36.70A.070(2)(e) through (h) to ensure there will be
no net displacement of very low, low, or moderate -income households, as defined in RCW 43.63A.510,
or individuals from racial, ethnic, and religious communities which have been subject to discriminatory
housing policies in the past.
(d) The department shall prioritize applicants who:
i. Aim to authorize middle housing types in the greatest proportion of zones; and
ii. Subcontract with multiple community -based organizations that represent different vulnerable
populations in overburdened communities, as defined in RCW 70A.02.010, that have
traditionally been disparately impacted by planning and zoning policies and practices, to engage
in eligible activities as described in (b) of this subsection.
SOURCE: Section 189 of Engrossed Substitute Senate Bill 5693, the 2022 supplemental operating budget
Packet Pg. 56
2.4.a
Questions &Answers
WHAT DO YOU MEAN BY "MIDDLE HOUSING" AND 30%?
Q: The proviso seems to say that the 30% condition is only one of a list of seven activities a community must
conduct with the grant funding, while the instructions reads as if the activities chosen must enable middle
housing on at least 30% of lots. Is there a discrepancy here, or am I misreading the proviso? A: It is only one
of the seven activities, but if you take it off the list, there is no direction about what you are supposed to be
doing. (ii) through (vii) follow (i). (i) is very broad in the types of activities that you can do to meet the goal, so
there is room for a lot of activities, but the goal is clearly stated.
Q: Does a city have to authorize all middle housing types or is a subset of them ok? A: The grant proviso
includes a definition for "middle housing types", which includes duplexes, triplexes, fourplexes, fiveplexes,
sixplexes, townhouses, courtyard apartments, cottage housing, and stacked flats. We suggest considering the
whole suite of middle housing types, and think about where they might fit in your community. It may not be
appropriate that all types are allowed in all parts of your community. For example, higher intensity types might
be more appropriate in corridors or commercial nodes, where 2-3,4 plexes might be more appropriate for low
density residential zones. None of the middle housing types may be appropriate in high density centers and
transit station areas. The recommendations should take into account your public engagement findings, and
document how the suite of middle housing types were considered.
Q: How are you calculating the 30%? Does it have to be considered in existing zones, or do we need to
develop new zones? And are we calculating based on area or number of parcels? And when do you calculate
that? A: We see the complications. The proviso said "lots" but there is definitely room for interpretation. If you
are fully platted, you can count all lots. If you have a lot of unplatted land, look at area. There is no requirement
to create a new zone. Also, Commerce realizes that many communities already changed their zoning with or
without state funds. So any changes to your zoning code since January 1, 2019 (when housing action plan
grants first were provided), may be considered in the calculation of 30%.
Q: We are struggling with this 30%. Does this refer to platted lots or land area? Could it be 30% of buildable
or developable lots? We have issues with changing zoning on newly developed subdivisions. There is a lot
of concern and fear from new homeowners if they hear of zoning changes. People are worried. A: The
proviso appears to look at the net number of lots, and since middle housing is generally applied by zone, it
would make sense to apply by zoning district. However, 30% can be however you work it out, but it appears to
be total lots or area in the community. The Buildable Lands Report can help to see what is possible.
Q: 30% seems premature with the intentions of the grant to have middle housing conversations, and seems
prescriptive. A: The grant program must reflect the language in the proviso. We are requiring that the
application show a minimum of 30% of area or lots as a place where middle housing types are considered.
Q: How do you authorize the most middle housing types? Would you split some zones to allow more in other
areas? How you achieve it is flexible. There is no specific requirement to change existing zones or create new
ones.
Q: What would the deliverable be when final products are not required? A. The example scope of work shows
deliverables as reports on the racial equity analysis, and on the middle housing work. Middle housing grant
a
Packet Pg. 57
2.4.a
deliverables could be draft policies to include in the comprehensive plan update, related to middle housing.
Such policies are already required for areas inside the UGA as part of the periodic update. Another deliverable
could be recommendations on which zones could accommodate which types of middle housing, or draft
changes to zoning codes, permit structures, fees, etc., that could feed into the update.
Q: Even to just have those conversations by June of 2023 is a tight timeline. But if conversations are still
going on in June 2023 — what would be the deliverables that are being submitted to Commerce? A: The way
we think it might work is to include a review of the policies and regulations and structures. The range of things
a city could do to address middle housing could include a report that provides the data, analysis, draft policies
and recommendations for amendments to the development regulations. Much of this is already required for
your housing element update.
Q: What if you already meet the 30% threshold? A: That's great! What types of other middle housing work
you can do? Can you evaluate fees, permitting processes, and incentives? Could you refine the zoning, design,
etc.? What else can you do to incentive or remove barrier to these housing types? c
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a
a
HOW MUCH COMMITMENT DOES A CITY HAVE TO MAKE TO GET THE GRANT?
Q: We don't have a commitment from the council to do this amount of work. Does this exclude us from
d
working on this? What is your guidance for us if we don't have the ability to predict it's not going to go
sideways when it goes to council? Council members in Washington and Minneapolis lost their seats over 2
middle housing. A: There is no requirement to adopt the policy changes or zoning code amendments because c
the timeline is so short. We assume the legislature wanted cities to have these discussions and understand n
where these middle housing types are most appropriate in their community, and propose updates to their 2
policies and regulations. There is enough money that the legislature envisioned every community would have <
08
these conversations. Regarding the City of Minneapolis, recent information is that the city has authorized a
about 9,000 housing units since they authorized middle housing on all lots in the city, and only 50 units are r_
middle housing. c�
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Q: It appears that the grant does not require us to adopt anything. Is that correct? A: Yes, due to the tight time
frame, the grant requires certain activities, but should end with recommendations that would be eventually =
adopted or incorporated into the periodic update of the comprehensive plan and regulations.
Q: Is the letter of commitment from the mayor (or authorized official) required to even be eligible for the
grant, or does it only factor into scoring for the "Local Commitment" points? A. A letter of commitment to
authorize staff to do the work is required. Unlike the HAP grants, which required adoption of a final result, this E
grant, like the majority of growth management grants requires consideration of the proposals, but does not
presuppose a final result. We do require agreement from city leadership to work on the issues.. a
Q: Do you think it's essentially a non -starter for a city being awarded a middle housing grant if they can't
state a commitment to that 30% threshold through their proposed eligible activities under the grant? A: The
grant application requires you to submit a zoning map, buildable lands report, and a summary of how you
might be considering getting to the 30% threshold. If that shows that it is possible, and that you are
considering a minimum of 30% of lots, you would be able to receive the grant. If the map and analysis shows
that you are only considering 10 or 20% of lots or area, you are not meeting the minimum threshold for
receiving the funds.
Packet Pg. 58
2.4.a
Q: We thought we would not qualify because we don't have direction from council yet. We are still looking at
our strategy for growth. One of their goals is to have more middle housing - but it would put the cart before
the horse if we say we have this grant to do 30% of SF lots as middle housing - they will say they have not
done the pre -work. A: This grant could be very good for your community to explore your middle housing goal
and capacity. The intent is to queue up work in your periodic update. This will help define the goal for middle
housing and see where it might work in your community.
Q: Our city has a Housing Action Plan (HAP) grant, but we are nervous about changing goal posts. With
Vision 2050, we have a certain amount of growth they have to accommodate. The director is nervous about
the perception that the two grants are similar but different perspective work products. A: The requirements
for a housing action plan and a housing element are similar, and the work required by the middle housing grant
is also similar to that needed for a housing element. Here is a chart with the major components
Middle
Housing Element
Housing Action
36.70A.-070(2)
(Optional grant to
Optional grant to Other
(required for all GMA cities and
fund many required
fund mostly ornmen
counties)
activities)
requiredRCW
.
Housing projections
by income band and
a. Housing needs assessment
Required
for shelters will be
provided by
Commerce
b. Goals and policies..., for
Must review housing
Middle housing is one
Local policies must
preservation, improvement, and
element.
strategy, consider
be consistent with
development of housing, including
policies and zoning, and
countywide planning
single-family residences, and within
Must develop strategies
other programs to
policies and Vision
an urban growth area boundary,
for meeting housing needs
support middle housing
2050
moderate density housing options
including, but not limited to,
duplexes, triplexes, and townhomes;
Required, and must
May consider capacity
Jurisdictions inside
c.. Land capacity analysis for
analyze employment
for middle housing
the Puget Sound
housing
trends
region should have
already completed a
buildable lands report
d. adequate provisions for all
Suggested
economic segments, consider housing
location relative to employment,
ADUs
Must address
Must address racial
Guidance and
e.. to h. Address racial
displacement
discrimination, exclusion
technical assistance
discrimination, exclusion and
and displacement in
on this topic will
displacement in housing
housing
come this summer
Community Engagement
Required
Required
Implementation Plan
Required
Q
Packet Pg. 59
2.4.a
Q: This should be a tool to help with other work. So this will not create new goal posts? A: Correct. This can
fund about half of the update requirements for the housing element. A HAP is optional ,and helps support
overall housing planning work.
WHAT ARE ELIGIBLE ACTIVITIES?
Q: If we already have a grant to develop code amendments (to do missing middle). Could we use this grant
to supplement that grant to do more with addressing equity and displacement and other impediments to
middle housing? A: Yes, but Commerce can't pay twice for the same thing — so we just need to clearly
document what is covered under one grant and what is covered in another grant. But your other work to
address middle housing should be consistent with this grant, considering all middle housing types, and
considering on at least 30% of lots.
Q: So we do not have to use this funding to create a new zone. Could we create new zone? A: Yes.
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Q: Could we conduct financial analysis of proposed policies to evaluate affordable housing requirements? A.
00
The grant funds can be used to outreach to, communicate with, and educate the community on issued related
to middle housing as long as the jurisdiction is using that outreach to evaluate the implementation of middle
2-
housing types on at least 30% of the lots currently zoned as single family. If some of that communication
includes clear analysis and information on middle housing types, affordable housing, and implementation this
could be included in the grant.
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Q: Can the grant be used to assess displacement, equity, and other impediments to middle housing like fees,
y
financing, etc.? A: Yes. Absolutely!
Q: Can the final deliverable be only draft comp plan policies, or would it also have to include draft
06
zoning code amendments? A: In looking at the proviso, the language is "$7,500,000 of the general fund —state
appropriation for fiscal year 2023 is provided solely for the department to administer grants to eligible cities for
a
actions relating to adopting ordinances that would authorize middle housing types on at least 30 percent of lots
c
currently zoned as single family residential. " The list of eligible activities leads with "(i) Analyzing
comprehensive plan policies and municipal code to determine the extent of amendments required to meet the
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goal of authorizing middle housing types on at least 30 percent of lots currently zoned as single family
residential,"
Policy changes are certainly part of the support for code changes, and it is great time to review policies, but the
intent of the proviso is beyond changing policies, it needs to be on the path to adopting ordinances, or changes
E
in code. You will only have 12 months, so the analysis and shaping potential middle housing will take a while.
a
A first draft of code amendments would likely be sufficient, or even a list of which specific code sections
a
would be need to be revised.
TIMING OF APPLICATIONS AND POTENTIAL LEGISLATION
Q: Could we have more time? A: No. We may ask for re -appropriation of unspent funds, but it is uncertain as
this is operating funds, not capital funds (capital funds are what is typically re -appropriated). The current state
biennium is July 1, 2021 through June 30, 2023. Typically operating funds are to be spent within the biennium.
Packet Pg. 60
2.4.a
Q: If we choose to submit for the July 5 deadline — will we receive lower priority like the climate grants? A:
No, we should be able to fund everyone in this program.
Q: Can you speak to missing middle housing bills that didn't pass? A. The middle housing bill (HB 1782) and
others did not pass last year. It would have required significant densities around transit services. I have heard
the bill may come back next session. We believe this grant program was intended as a voluntary approach at
this time.
MORE DETAIL ON COMMERCE TECHNICAL ASSISTANCE OPPORTUNITIES
Comment: Cities like the sound of technical assistance. We have already come across the lack of capacity in
the consultant world. So prepping a clear explanation of what those technical assistance people can do to
help cities do the work would be really helpful. °
M
Q: Is the interdisciplinary team to help reduce jurisdiction reliance on consultants? A: Yes, we recognize that a
it is very difficult to hire consultants, or staff, at this time. The interdisciplinary team is Commerce in-house a
assistance to support in-house city staff or hired consultants. The team will be able to help in several ways: i
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• Review existing comprehensive plans and other housing policies and suggest changes
• Review your local code and recommend approaches to allowing middle housing
• Assisting with community outreach
• Completing the racial equity analysis, y
• Communications and messaging and a series of videos, presentations and handouts on various 2
housing topics. Q
Q: What are you looking for in terms of the pilot studies for middle housing? A: We are looking for
communities that have done the policy work for middle housing. We can then hire a national level firm that
develops model missing middle housing codes and design guidelines for cities of different sizes.
Q: Our council isn't even aware of this need. Can we use the Commerce tech team to present on the need?
A: yes! And we have provided slides on the grant program that local planners can use.
MORE DETAIL ON WORKING WITH COMMUNITY -BASED ORGANIZATIONS (CBOs)
Q: What are the parameters for subcontracting with CBOs? Are there certain eligibility requirements? Do
they have to be based in the city? A: There are some guidelines for paying people to attend your meetings.
We can find if there are state guidelines for working with CBOs. We will have to get back to you.
Q: When we hear "C130" — we hears a cultural identity group, NGO, etc. Is there something more specific or
broad this is referring to? A: We will have to do more research to find out that answer.
Q: Is it correct that we are not required to subcontract with community -based organizations, but applications
that do include that aspect are prioritized? A: That is correct, subcontracting is not required, but consultation is
certainly recommended. The proviso says that Commerce shall prioritize applicants who subcontract with multiple
Packet Pg. 61
2.4.a
community -based organizations that represent different vulnerable populations in overburdened communities,
as defined in RCW 70A.02.010, that have traditionally been disparately impacted by planning and zoning
policies and practices, to engage in eligible activities as described in (b) of this subsection.
Q: Regarding CBO subcontracting funds, application instructions state, "Additional funding requests will be
reviewed after the first round of applications are received. " Is this above and beyond the base grant limits
listed by city size (i.e. $100K for cities over 20K pop)? Yes.
Q: Are there guidelines/limits for this additional CBO funding, and can you share that? There are no limits,
but we put $20,000 in the example. We have heard that it can cost $2,000 to work with a community -based
organization. So we thought about working with 10 groups. I think you would need to provide enough detail in
your proposal to provide clear explanations about the improved engagement, and outcome based on how you
would spend the extra money.
Q: Should the additional funding for CBOs be explained and requested through the grant applications due o
June 9, or will there be a separate request period for that CBO funding? The request should be submitted as
the same time.
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a
a
Q:Can you tell me more about Civic Spark Fellows to help with the work? CivicSpark is an AmeriCorps
program operated by CivicWell (formerly the Local Government Commission) in California. Over the last seven
years 500+ CivicSpark Fellows have contributed over 500,000 hours of support for hundreds of community
resilience projects (e.g., climate action, affordable housing, mobility, and equitable community engagement)
with over 250 public agencies. CivicSpark is coming to Washington in the Fall of 2022 and they are looking for
local governments and organizations across the state who might be interested in hosting one or more
N
AmeriCorps Fellows who will spend 11 months supporting local resilience projects including affordable
A
housing.
V
a
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CivicSpark places highly motivated emerging leaders with local organizations for 11-months to support
research, planning, and implementation projects for community resilience. CivicSpark Fellows are AmeriCorps
L
Members selected through a competitive national application process. Fellows have at minimum a college
degree in a relevant field, as well as workplace and community service experience. Public agencies, state
c
agencies, Tribes, and non-profit organizations can contract directly to host CivicSpark Fellows. To date,
c
housing support projects have generally focused on priorities such as analysis of housing capacity and
=
inventory, planning for increased housing supply, housing equity programs, and disaster recovery and
rebuilding support. Applications are being accepted on a rolling basis, but they encourage interested
-a
applicants to apply in parallel with the Middle housing grant process (e.g. June 9). The local financial
contribution is $29,000, which can be covered by the grant.
For a bit more about the program, the background, and the process of getting involved, please see the attached
2
flyer, visit the Washington Partner page, check out a recent MRSC Blog posting at Tapping the Power of
a
Emerging Leaders for Climate Resilience or reach out directly to Kif Scheuer (kif@farallonstrategies.com).
Packet Pg. 62
2.5
City Council Agenda Item
Meeting Date: 06/14/2022
Employment Agreement - Executive Assistant to City Council
Staff Lead: Sharon Cates, City Attorney's Office
Department: City Council
Preparer: Beckie Peterson
Background/History
The City Council may, pursuant to ECC 2.03.010, hire a contract employee on an annual basis to serve as
its Executive Assistant. The contract is to provide for the delegation by the Mayor of the day-to-day
employment direction of this individual to the City Council President. For 2022, the Council contracted
with two individuals to job share the position of Executive Assistant. Recently, however, one of those
individuals has had a change in life circumstances that necessitated her departure. The other individual
is willing to move to a full-time position if the City Council agrees to certain changes to the terms of the
Executive Assistant's Employment Agreement.
Staff Recommendation
Approve the attached Employment Agreement - Executive Assistant to City Council on consent agenda.
Narrative
Rebecca Black Peterson has agreed to move into a full-time position as Executive Assistant to the City
Council if the terms of the attached Employment Agreement meet with the City Council's approval.
Attachments:
REVISED Employment Agreement - CC Executive Assistant - Rebecca Black Peterson 6.9.2022
Packet Pg. 63
2.5.a
EMPLOYMENT AGREEMENT
EXECUTIVE ASSISTANT TO CITY COUNCIL c
0
E
WHEREAS, the City Council of the City of Edmonds, Washington (hereinafter "City
Council") utilizes the services of an Executive Assistant to perform a variety of a
confidential tasks related to its legislative and research functions; and
E
WHEREAS, the Mayor of the City of Edmonds is by state statute the chief
0
0.
administrative officer of the City, invested with the power to hire and fire employees and E
to direct their day-to-day activities; and w
WHEREAS, in the interest of fostering an appropriate working relationship between the
Executive Assistant and the City Council, the Mayor has evidenced his wish to delegate
the day-to-day responsibility for the direction of said employee to the City Council's
President; and
WHEREAS, with the Mayor's consent, the City Council wishes to fill the position of
Executive Assistant with an employee specifically answerable to the Council, under
specific, limited terms and conditions governed by the provisions of this employment
agreement and not subject to the general personnel policies of the City;
NOW, THEREFORE, the City of Edmonds, Washington and Rebecca Black Peterson
(hereinafter "Employee") do hereby enter into this agreement for employment services
("Agreement"). The Employee's employment will be governed exclusively by the
provisions of this Agreement unless otherwise provided herein.
1. Term of Employment: This Agreement will take effect as of the effective date set
forth below and will expire on January 31, 2023 unless extended pursuant to its terms.
Thereafter, this Agreement may be extended for an unlimited number of terms of one (1)
calendar year duration at the sole discretion of the City Council. The purpose of this term
is to permit an annual review of the performance of the Employee by the outgoing City
Council President in order that the City Council President may determine whether or not
it is appropriate to renew this Agreement for an additional term.
It is one of the basic understandings of this Agreement that the Employee will work
closely with the City Council President and the City Council. As such, this position will
be one in which the confidence of the City Council President and City Council will be
essential to the proper performance of the Employee's duties. Therefore, the City Council
reserves the right not to renew this Agreement, or to terminate this Agreement as herein
provided in order to preserve that confidence and a feeling of confidentiality between the
City Council President, the City Council and the Employee as Executive Assistant.
2. Duties: The Employee will serve as the Executive Assistant for the City Council,
complete legislative research when requested by Council, and serve as backup
videographer as necessary. The Employee will be under the general day-to-day direction
of the City Council President and will provide such assistance as may be necessary to
individual members of the City Council. In the event of a conflict in direction between
Packet Pg. 64
2
2.5.a
2022 Employment Agreement
Executive Assistant to City Council
Council members, the Employee will rely upon the direction of the City Council ,
President. A generalized description of the duties of this position is attached hereto as
Exhibit A and incorporated herein by this reference. The listing of duties in Exhibit A is E
intended as a descriptive tool only, and will not limit the City Council President or City
Council to make task assignments; provided, however, that such duties be linked to the a
City Council President's Office and the legislative function of the City Council and will,
in all respects, be governed by statutory, constitutional and ordinance limitations on the E
duties of public employees. The City Council President, by her signature below, 2
0.
specifically represents that the Mayor has delegated his statutory authority to direct the E
day-to-day duties of this Employee to the City Council to be exercised by and through the w
City Council President. This delegation is revocable by the Mayor and will not be N
binding on the subsequent elected or appointed mayors unless ratified by them. N
3. Hours of Work: This is a full-time position. The Employee will work office hours
as assigned and directed by the City Council through the City Council President. Such
hours may normally be worked Monday through Friday between 8:00 a.m. and 5:00 p.m.,
with any appropriate meal and rest periods as required by law. The hours of work on
Tuesdays may be adjusted to allow for backup videographer work, as needed. In addition,
the Employee may perform assigned work off site. Such hours will be within prescribed
limits and approved by the City Council President. It is anticipated that the Employee
will work up to 40 hours per week to successfully perform the required work. This
general description of working hours will not limit the ability of the City Council
President to change the working schedule or adjust it from time to time.
4. Wages and Benefits: The wages set forth in this Section 4 hereby provide for a
base rate of $38.36 per hour, which is Step 1 of pay range NR-33. The Employee will
move through this pay range per the non -represented employee compensation policy. The
Employee will progress to Step 2 after six (6) months of employment, which will include
the time the Employee has spent working for the City under her previous Employment
Agreement, making the Step 2 progression date September 1, 2022. Thereafter, additional
step progressions will take place on January 1 of each year. In addition, the Employee
will receive any annual COLA that the Council chooses to give non -represented
employees. The City will pay the applicable employer's portion of Medicare, PERS
retirement, Municipal Employee Benefit Trust (MEBT), Washington State Industrial
Taxes, and such other payments or benefits as may be required under the provisions of
state and federal law based upon the number of hours worked. MEBT benefits will be
provided as required by law or by the provisions of a plan document. "Plan Document"
will mean for the purposes of this Agreement the MEBT or other contract, or policy
documents, which require, by their terms, the participation of all qualified employees.
The benefits to be paid to the Employee will be governed solely by this Agreement. No
benefit not specifically addressed or listed herein will be granted to the Employee. The
provisions of this Agreement will control over any conflicting provision of the City
ordinances, City Personnel Policy Manual, any collective bargaining agreement or any
other general grant of benefits to City employees. The benefits which the Employee will
receive are limited to the following:
Packet Pg. 65
2.5.a
2022 Employment Agreement
Executive Assistant to City Council
4.1 Insurance Benefits: The City will allow the Employee to participate in the City's ,
group employee insurance programs listed below. The City will pay the insurance
premiums in accordance with the following schedule: E
as
L
INSURANCE BENEFIT/PREMIUM PAID a
*Dental (WDS) family coverage / 90%
*Vision / 90% E
*Medical / 90%
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0.
Medicare /As per Federal law E
Industrial Accident /As per State law w
Public Employees Retirement /As per State law N
Unemployment Insurance /As per State law N
MEBT /As per City ordinance W
*NOTE: The City pays 90% of the health insurance premium costs for a 100% full-time employee
(working 40 hours per week). This percentage will be adjusted for this part-time position
according to the hours worked below 40 hours per week.
The City will allow the Employee to use payroll deduction (Premium Only Plan) to pay
for the Employee's cost of the above -listed insurance benefits. The City's payment is
contingent on the Employee's qualification for such insurance program in accordance
with Plan Documents and does not constitute an obligation to pay a sum in lieu of
insurance or premium.
4.2 Vacation: Annual vacation is earned at the rate of 7.33 hours per month (to be
otherwise pro -rated if the employee works under 40 hours per week). Earned vacation
can be carried over into the next calendar year, provided the amount carried over does not
exceed 176 hours total at the end of the duration of the contract. Unused, accrued
vacation will be paid upon termination of employment.
4.3 Sick Leave: Sick leave is earned at the rate of 96 hours per year which is 8 hours per
month and will be loaded to the employee's sick leave bank in the amount of 4 hours per
pay period (to be otherwise pro -rated if the employee works under 40 hours per week).
Earned sick leave can be accumulated up to a maximum of 500 hours. Unused, accrued
sick leave will be forfeited upon termination of employment.
4.4 Holiday Pay: The employee will receive pay for all holidays during which City
offices are closed (to be otherwise pro -rated if the employee works under 40 hours per
week).
5. Confidentiality: One of the basic purposes of this Agreement is to provide an
employee who serves in a confidential capacity to the City Council and its City Council
President. The Employee acknowledges that she has been informed of the necessity for
confidentiality and understands that she will report directly to the City Council President
any matter which she feels would breach such confidence or confidentiality. In the event
of any apparent conflict between the needs of the City Council and that of the City in
general, the Employee will report such matter to the City Council President and rely on
Packet Pg. 66
4
2.5.a
2022 Employment Agreement
Executive Assistant to City Council
his/her direction. In keeping with this confidential relationship, the Executive Assistant
position will not be a part of a collective bargaining unit or subject to any collective
bargaining agreement.
6. Termination of Agreement: The parties acknowledge that this employment
agreement creates an at -will employment relationship that may be terminated at any time,
with or without cause, by either party. This paragraph will control and supersede any
portion of this Agreement that might otherwise be construed as in any way altering the
Employee's at -will status.
7. Indemnification: As an employee of the City, the Employee will have the right to
indemnification by and on behalf of the City for actions taken in the scope of her
employment in accordance with the provisions of Chapter 2.06 of the Edmonds City
Code as same exists or is hereafter amended.
8. Entire Written Agreement: This document represents the entire agreement,
written or oral, between the parties. No representation or other oral agreement by either
party will survive the execution of this document. This document will be amended only
upon the express written agreement of both parties. The City Council President will
confer with the Mayor regarding any change.
9. Severability: The provisions of this Agreement will be severable. In the event that
any provision hereof is held to be void, illegal, or unenforceable, the remaining
provisions will survive; PROVIDED, however, that in the event the provisions of
paragraph 5, relating to the exclusion of this position from any collective bargaining unit,
or of paragraph 6, relating to this Agreement as one of at -will employment, are/is held to
be unenforceable, invalid, or void, this Agreement will immediately be at an end.
10. Effective Date: The effective date of this Agreement will be the date set forth
below.
DONE THIS day of June 2022.
CITY OF EDMONDS:
Vivian Olson,
City Council President
EMPLOYEE:
Rebecca Black Peterson
Packet Pg. 67
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2.5.a
2022 Employment Agreement
Executive Assistant to City Council
EXHIBIT A
EXECUTIVE ASSISTANT
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Scope of Work/Position Duties a
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as
POSITION PURPOSE: Provides public contact and complex clerical/administrative E,
and research support to the Council. Plans and performs complex administrative office a
coordination to assures smooth, timely and efficient office operations for the department w
or assigned office; researches, collects, analyzes and compiles data and information for
inclusion in reports; maintains records, files and budgets related to departmental o
operations, programs and expenditures. o
ESSENTIAL FUNCTIONS AND RESPONSIBILITIES:
The following duties ARE NOT intended to serve as a comprehensive list of all duties
performed by all employees in this classification, only a representative summary of the
primary duties and responsibilities. Incumbent(s) may not be required to perform all
duties listed and may be required to perform additional, position -specific duties.
• Researches, collects and analyzes background data on pending legislative matters
as requested.
• Schedules meetings for Council and individual Council members; prepares
agenda memos for Council.
• Attends Council meetings as needed, prepares requested reports, minutes,
agendas, correspondence and other materials as appropriate and according to
decisions and approved actions.
• Assists Council President in drafting budget and planning of various Council
events and functions including coordinating arrangements for meeting facilities,
equipment and refreshments as appropriate; coordinates management of
legislative priorities with Council President.
• Coordinates and prepares press releases for Council as requested and/or various
community relations.
• Plans and performs complex administrative office coordination; relieves the
Council President of technical clerical and administrative duties having Council -
wide impact.
• Completes PSR's for the department, enters payroll into Eden software for the
department and processes Council accounts payables.
• Performs various administrative duties including answering telephones and
greeting visitors; provides information in person or on the telephone or refers to
appropriate department personnel; opens, screens and routes mail.
• Maintains calendars relating to Council events as requested; schedules
appointments and conferences; assists with travel reservations and vehicle check -
in and checkout for Council as requested.
Packet Pg. 68
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2.5.a
2022 Employment Agreement
Executive Assistant to City Council
• Composes, prepares and types a variety of correspondence, memos, reports and
other materials and proofreads materials to assure accuracy and completeness.
• Administers and oversees contracts, Interlocal Agreements and other agreements
entered into by the City Council.
• Organizes and coordinates office functions, activities and communications;
assures efficient workflow and office operations.
• Must be able to work independently under direction of Council President to
complete assignments.
• Maintains accurate financial records and files pertaining to departmental
expenditures, budget balances and operations; prepares status reports, charts and
other documents as requested; prepares and coordinates purchase of office
supplies, equipment and other expenditures.
• Manages and maintains all records as required by State and Federal law;
including, but not limited to, records related to City elections, and records
pertaining to State audit requirements.
• Provides staff support and administrative assistance to various boards and
committees; prepares reports, agendas, correspondence and other materials as
appropriate and according to decisions and approved actions.
• Manages and maintains website for Council and provide website
support/administration for Council and any Council -related assigned boards,
committees, groups and/or events.
• Maintains files and records related to Council activities/business and retains and
purges records as needed under the Washington State records retention and
archiving rules.
• Operates office machines including: computers, copiers, calculators, fax
machines, use of recording equipment for Tuesday night Council meetings and
other equipment as assigned.
• Performs a variety of special duties, projects or activities of the Council Office.
Required Knowledge of:
• City organization, procedures, federal and state laws.
• Administrative functions and operations of a City government.
• Legislative processes, research methods, data collection and statistical analysis.
• Accurate, lawful, and efficient record -keeping techniques.
• Budget monitoring and control including proficient skills in mathematics.
• Interpersonal skills using tact, patience and courtesy.
• Principles of customer service and public relations.
• Proper telephone etiquette.
• Effective oral and written communication principles and practices.
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2.5.a
2022 Employment Agreement
Executive Assistant to City Council
• Modern office procedures, methods, and equipment including computers and
computer applications and software programs sufficient to perform assigned
work.
• English usage, spelling, grammar and punctuation.
• Principles of business letter writing.
Required Skill in:
• Computer applications to include Microsoft Office Suite (such as Word, Excel,
Outlook, PowerPoint, etc.).
• Tracking and researching legislative bills.
• Assisting in the management of workload items for 7 Council members who may
have, at times, competing interests
• Performing technical clerical and administrative duties having department -wide
impact.
• Planning and performing technical administrative office coordination duties.
• Maintaining records, files, and information in compliance with laws, policies and
procedures.
• Interpreting, applying and explaining rules, regulations, policies, procedures and
laws.
• Must be able to meet required deadlines for legislative/administrative
duties/assignments.
• Successfully meeting schedules and time lines.
• Preparing a variety of reports, logs, records and files related to assigned activities.
• Maintaining confidentiality of sensitive information, including confidentiality
between staff and Council members; working confidentially with discretion.
• Being flexible and able to work with diverse personalities.
• Researching a variety of subjects and presenting information in an efficient,
accurate manner.
• Utilizing personal computer software programs and other relevant software
affecting assigned work.
• Working with diverse interest groups with potentially competing priorities.
• Establishing and maintaining effective working relationships with elected
officials, staff (other departments), management, vendors, outside agencies,
community groups and the general public.
• Meeting schedules and time lines and ability to work independently.
• Communicating effectively verbally and in writing including public relations and
customer service.
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2.5.a
2022 Employment Agreement
Executive Assistant to City Council
MINIMUM QUALIFICATIONS:
Education and Experience:
Any combination equivalent to: graduation from high school including or supplemented a
by course work in political science, business administration, office management, office c
administration or related field and three years of increasingly responsible administrative 0
E
office support experience including research work. Previous work experience in a c
legislative environment and/or role preferred. E
w
Required Licenses or Certifications:
Valid State of Washington Driver's License.
Must be able to successfully complete and pass a background check.
WORKING CONDITIONS:
Environment:
• Office environment.
• Constant interruptions.
• The employee may be required to work some evenings (Tuesday night Council
meetings) and occasional weekends for Council events as necessary
• Must be able to work in a solitary environment.
Physical Abilities:
• Hearing, speaking or otherwise communicating to exchange information in person
or on the phone.
• Reading and understanding a variety of materials.
• Operating/using a computer keyboard and other office equipment.
• Sitting, standing or otherwise remaining in a stationary position for extended
periods of time.
• Bending at the waist, kneeling or crouching, reaching above shoulders and
horizontally or otherwise positioning oneself to accomplish tasks.
• Lifting/carrying or otherwise moving or transporting up to 20 lbs.
Hazards:
• Contact with angry or potentially upset individuals.
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