2023-04-13 City Council PSPHSP Packet1.
Op E D
o Agenda
Edmonds City Council
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COMMITTEE MEMBERS: VIVIAN OLSON (CHAIR), JENNA NAND, COUNCIL PRESIDENT (EX-OFFICIO
MEMBER)
CALL TO ORDER
COMMITTEE BUSINESS
1. Washington State Allocation Agreement Governing the Allocation of Funds Paid by Certain
Settling Opioid Manufacturers and Pharmacies (10 min)
2. Park Maintenance Worker Job Description Update (10 min)
3. Commander Benefit (10 min)
ADJOURNMENT 4:00 PM
Edmonds City Council Agenda
April 13, 2023
Page 1
2.1
City Council Agenda Item
Meeting Date: 04/13/2023
Washington State Allocation Agreement Governing the Allocation of Funds Paid by Certain Settling
Opioid Manufacturers and Pharmacies
Staff Lead: City Attorney
Department: City Attorney's Office
Preparer: Scott Passey
Background/History
N/A
Staff Recommendation
Authorize the administration to execute the necessary participation forms and Allocation Agreement II
to participate in the multi -jurisdictional settlement with the certain opioid manufacturers and
pharmacies.
Narrative
In 2022, the council joined in another multi -jurisdictional settlement involving various opioid
distributors.
This memo concerns the most recent multi -jurisdictional opioid settlement organized through the
Attorney General's Office - this time involving a settlement with five pharmacies (Teva, Allergen, CVS,
Walgreens and Walmart).
Attached to this memo is the Attorney General's letter asking for support and the Participation Forms
which are part of the Allocation Agreement II. The City of Edmonds' allocation percentage is 0.306%.
The monies directed to the local governments are estimated to be $217 million over 15 years, Edmonds.
The council would need to authorize the administration to execute all relevant settlement participation
documents by the April 18th deadline (documents can be signed electronically until 11:59 pm on April
18th). Like the previous settlements, unless a substantial majority of the cities participate, the monetary
allotment will be diminished.
The monies received from the settlement can be used in a variety of ways (11 pages of examples)
including:
• Support evidence -informed programs or curricula to address mental health needs of young
people who may be at risk of misusing opioids or other drugs, including emotional modulation and
resilience skills.
• Support greater access to mental health services and supports for young people, including
services and supports provided by school nurses or other school staff, to address mental health needs in
young people that (when not properly addressed) increase the risk of opioid or other drug misuse.
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2.1
Attachments:
2023-01-20 Attorney General Opioid Ltr to Subdivisions 1-20-23[7]
Allocation Agreement II
Settlement_Participation_Form_Allergan[1]
Settlement_Partici
patio n_Form_CVS[62]
Settlement_Partici
pation_Form_Teva
[70]
Settlement_Participation_Form_Walgreens[20]
Settlement_Participation_Form_Walmart[83]
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2.1.a
Bob Ferguson
ATTORNEY GENERAL OF WASHINGTON
1125 Washington Street SE — PO Box 40100 — Olympia, WA 98504-0100
January 20, 2023
RE: Five additional Opioid Settlements
Dear Local Elected Leaders:
I am grateful for all you have already done to confront the many challenges that the opioid
epidemic presents in our state. More resources are on the way.
In December 2022, I announced resolutions with five additional opioid companies. As with the
opioid distributor settlement that each of you joined, these new settlements are contingent on
Washington cities and counties joining the settlement too.
If all of you participate in these settlements as you did for the opioid distributor settlement,
Washington would receive $434 million as follows:
• CVS: $110.6 million over 10 years;
• Walgreens: $120.3 million over 15 years;
• Walmart: $62.6 million with 97% of that amount paid in the first year;
• Teva: $90.7 million over 13 years; and
• Allergan: $50 million over seven years.
As with the opioid distributor settlement, half of this amount — $217 million — will be directed to
Washington local governments for you to make decisions on how to abate the opioid crisis in your
communities.
You will be receiving an initial settlement communication from Rubris, a company hired to be the
Implementation Administrator for all the settlements, within the next week or two. In late January
or early February 2023, Rubris will then send Participation Forms for each of the five settlements
as well as another Allocation Agreement to you. You will then have 90 days to review and sign
the documents. Unlike the distributor settlement, you will sign and return these forms using an
electronic DocuSign process. My office will be monitoring the sign -on progress and encouraging
all eligible local governments in Washington to join.
My office is dedicated to holding the opioid industry accountable. The estimated $434 million in
resolutions from these companies as well as others with Purdue, McKinsey, Mallinckrodt, and
the distributors will bring Washington state's overall recovery to more than $1.1 billion that will
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2.1.a
ATTORNEY GENERAL OF WASHINGTON
Local Elected Leaders
January 20, 2023
Page 2
help fund the state's opioid abatement and recovery programs in your communities. My office
also has pending cases against Johnson & Johnson, Rite Aid, Kroger, and Albertsons.
I urge you to sign on to the five new settlement agreements and Allocation Agreement as soon as
possible to allow us to begin distributing these funds promptly and get additional treatment and
support to those who need it most.
If you have any questions, feel free to contact Jeff Rupert, the Division Chief for the AGO's
Complex Litigation Division at 206-389-2116 or Jeffrey.Ruperte a, tg.wa.gov.
Sincerely,
t eA— F.-e,
BOB FERGUSON
Attorney General
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2.1.b
WASHINGTON STATE ALLOCATION AGREEMENT GOVERNING THE
ALLOCATION OF FUNDS PAID BY CERTAIN SETTLING OPIOID
MANUFACTURERS AND PHARMACIES
JANUARY 27, 2023
This Washington State Allocation Agreement Governing the Allocation of Funds Paid by
Certain Settling Opioid Manufacturers and Pharmacies (the "Allocation Agreement II") governs
the distribution of funds obtained from (1) Walmart, (2) Teva, (3) Allergan, (4) CVS, and (5)
Walgreens (the "Settling Entities") in connection with the resolution of any and all claims by the
State of Washington and the counties, cities, and towns in Washington State ("Local
Governments") against the Settling Entities via the following settlements:
• Walmart Settlement Agreement dated November 12, 2022 and any subsequent
amendments ("Walmart Settlement").
• Teva Public Global Settlement Agreement dated November 22, 2022 and any
subsequent amendments ("Teva Settlement").
• Allergan Public Global Settlement Agreement dated November 22, 2022 and any
subsequent amendments ("Allergan Settlement").
• CVS Settlement Agreement dated December 9, 2022 and any subsequent
amendments ("CVS Settlement").
• Walgreens Settlement Agreement dated December 9, 2022 and any subsequent
amendments ("Walgreens Settlement").
Collectively, the Walmart Settlement, the Teva Settlement, the Allergan Settlement, the CVS
Settlement, and the Walgreens Settlement shall be referred to as "the Settlements". Each of the
Settlements can be accessed at htips://nationalopioidsettlement.com/. The terms and definitions
of each of the respective Settlement are incorporated into this Allocation Agreement II, and any
undefined terms in this Allocation Agreement II are as defined in the Settlements.
1. This Allocation Agreement II is intended to be a State -Subdivision Agreement as
defined in the Settlements. This Allocation Agreement II shall be interpreted to be
consistent with the requirements of a State -Subdivision Agreement in the
Settlements.
2. This Allocation Agreement II shall become effective only if all of the following
occur:
A. The State of Washington joins one of the Settlements and becomes a
Settling State as provided for in the respective Settlement.
B. One of the Settlements becomes final and effective and a Consent
Judgment is filed and approved as provided for in the respective
Settlement.
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2.1.b
C. The number of Local Governments that execute and return this Allocation
Agreement II satisfies the participation requirements for a State -
Subdivision Agreement as specified in one of the Settlements, Washington
is a Settling State for that Settlement, and a Consent Judgment has been
filed and approved for that Settlement.
3. Requirements to become a Participating Local Government. To become a
Participating Local Government that can participate in this Allocation Agreement
II with respect to any one of the Settlements, a Local Government must do all of
the following:
A. The Local Government must execute and return this Allocation
Agreement II.
B. The Local Government must release its claims against the Settling Entities
identified in the respective Settlement and agree to be bound by the terms
of the Settlement by timely executing and returning the Participation Form
for that Settlement. The forms are attached hereto as Exhibits 1-5.
C. Litigating Subdivisions, also referred to as Litigating Local Governments,
must dismiss the Settling Entities identified in the respective Settlement
with prejudice from their lawsuits.
D. Each of the Local Governments that is eligible to participate in this
Allocation Agreement II has previously executed and signed the One
Washington Memorandum of Understanding Between Washington
Municipalities ("MOU") agreed to by the Participating Local
Governments in Washington State, which is attached hereto as Exhibit 6
By executing this Allocation Agreement II, the local government agrees
and affirms that the MOU applies to and shall govern the Local
Government Share as modified by this Allocation Agreement II for each
of the Settlements in which the Local Government participates.
A Local Government that meets all of the conditions in this paragraph for any of
the Settlements shall be deemed a "Participating Local Government" for that
Settlement. A Local Government can be a "Participating Local Government" for
less than all of the Settlements. If a Local Government is a Participating Local
Government for less than all of the Settlements, the Local Government can only
receive a portion of the Washington Abatement Amount for the specific
Settlement(s) for which it is a Participating Local Government.
4. This Allocation Agreement II applies to the following, all of which collectively
shall be referred to as the "Washington Abatement Amount":
A. For the Walmart Settlement, the State of Washington's allocation of the
(1) Global Settlement Remediation Amount and (2) Additional
Remediation Amount.
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2.1.b
B. For the Teva Settlement, the State of Washington's allocation of the (1)
Net Abatement Amount and (2) Additional Restitution Amount.
C. For the Allergan Settlement, the State of Washington's allocation of the
(1) Global Settlement Abatement Amount and (2) Additional Restitution
Amount.
D. For the CVS Settlement, the State of Washington's allocation of the (1)
Maximum Remediation Payment and (2) Additional Remediation
Amount.
E. For the Walgreens Settlement, the State of Washington's allocation of the
(1) Adjusted State Remediation Payment and (2) Additional Remediation
Amount.
As specified in each of the Settlements, the Washington Abatement Amount will
vary dependent on the percentage of Participating Local Governments and
whether there are any Later Litigating Subdivisions.
5. The Teva Settlement provides the option for Settling States to obtain Settlement
Product or the discretion to convert any portion of the Settlement Product
allocated to the Settling State into a cash value equaling twenty percent (20%) of
the WAC value of the Settling State's allocated Settlement Product in specified
years. It shall be solely the decision of the State regarding whether to convert any
portion of the Settlement Product allocated to Washington into a cash value or to
obtain the Settlement Product. If the State elects to obtain Settlement Product, the
State in its sole discretion shall make all decisions related to the Settlement
Product, including but not limited to where, how, and to whom it shall be
distributed. For purposes of calculating the division of the Washington Abatement
Amount in Paragraph 10 of this Allocation Agreement II, the Settlement Product
allocated to Washington shall be considered "State Share" and shall have the cash
value assigned to it in the Teva Public Global Settlement Agreement dated
November 22, 2022.
6. This Allocation Agreement II does not apply to the State Cost Fund, State AG
Fees and Costs, or any attorneys' fees, fees, costs, or expenses referred to in the
Settlement or that are paid directly or indirectly via the Settlements to the State of
Washington ("State's Fees and Costs").
7. This Allocation Agreement II and the MOU are a State Back -Stop Agreement.
The Settling Entities are paying a portion of the Local Governments' attorneys'
fees and costs as provided for in the Settlements. The total contingent fees an
attorney receives from the Contingency Fee Fund in the Settlements, the MOU,
and this Allocation Agreement II combined cannot exceed 15% of the portion of
the LG Share paid to the Litigating Local Government that retained that firm to
litigate against the Settling Entities (i.e., if City X filed suit with outside counsel
on a contingency fee contract and City X receives $1,000,000 from the Walmart
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2.1.b
Settlement, then the maximum that the firm can receive is $150,000 for fees as to
the Walmart Settlement; if City X did not retain the same firm for potential
litigation against CVS and City X receives $1,000,000 from the CVS Settlement,
then the firm receives no fees from the CVS Settlement.)
8. No portion of the State's Fees and Costs and/or the State Share as defined in
Paragraphs 6 and 10 of this Allocation Agreement II shall be used to fund the
Government Fee Fund ("GFF") referred to in Paragraph 12 of this Allocation
Agreement II and Section D of the MOU, or in any other way to fund any
Participating Local Government's attorneys' fees, costs, or common benefit tax.
9. The Washington Abatement Amount shall and must be used by the State and
Participating Local Governments for future Opioid Remediation as defined in the
Settlements, except as allowed by the Settlements.
10. The State and the Participating Local Governments agree to divide the
Washington Abatement Amount as follows:
A. Fifty percent (50%) to the State of Washington ("State Share")
B. Fifty percent (50%) to the Participating Local Governments ("LG Share").
11. The LG Share shall be distributed to Participating Local Governments pursuant to
the MOU attached hereto as Exhibit 6 as amended and modified in this Allocation
Agreement II.
12. For purposes of this Allocation Agreement II only, the MOU is modified as
follows and any contrary provisions in the MOU are struck:
A. Exhibit A of the MOU is replaced by Exhibit E of each of the respective
Settlements.
B. The definition of "Litigating Local Governments" in Section A.4 of the
MOU shall mean Litigating Subdivisions as defined in each the respective
Settlements.
C. The definition of "National Settlement Agreement" in Section A.6 of the
MOU shall mean the Settlements.
D. The definition of "Settlement" in Section A.14 of the MOU shall mean the
Settlements.
E. The MOU is amended to add new Section C.4.g.vii, which provides as
follows:
"If a Participating Local Government receiving a direct payment
(a) uses Opioid Funds other than as provided for in the respective
Settlements, (b) does not comply with conditions for receiving
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2.1.b
direct payments under the MOU, or (c) does not promptly submit
necessary reporting and compliance information to its Regional
Opioid Abatement Counsel ("Regional OAC") as defined at
Section CA.h of the MOU, then the Regional OAC may suspend
direct payments to the Participating Local Government after
notice, an opportunity to cure, and sufficient due process. If direct
payments to Participating Local Government are suspended, the
payments shall be treated as if the Participating Local Government
is foregoing their allocation of Opioid Funds pursuant to Section
C.4.d and C.4.j.iii of the MOU. In the event of a suspension, the
Regional OAC shall give prompt notice to the suspended
Participating Local Government and the Settlement Fund
Administrator specifying the reasons for the suspension, the
process for reinstatement, the factors that will be considered for
reinstatement, and the due process that will be provided. A
suspended Participating Local Government may apply to the
Regional OAC to be reinstated for direct payments no earlier than
five years after the date of suspension."
F. The amounts payable to each law firm representing a Litigating Local
Government from the GFF shall be consistent with the process set forth in
the Order Appointing the Fee Panel to Allocate and Disburse Attorney s
Fees Provided for in State Back -Stop Agreements, Case No. 1:17-md-
02804-DAP Doc #: 4543 (June 17, 2022). JoJo Tann (the "GFF
Administrator"), who is authorized by the MDL Fee Panel (David R.
Cohen, Randi S. Ellis and Hon. David R. Herndon (ret.)) to calculate the
amounts due to eligible counsel from each State Back -Stop fund (i.e., the
GFF) (see id. at p. 4), will oversee and confirm the amounts payable to
each law firm representing a Litigating Local Government from the GFF.
Upon written agreement between the law firms representing the Litigating
Local Governments on the one hand and the Washington Attorney
General's Office on the other, in consultation with the Washington State
Association of Counties and the Association of Washington Cities, the
GFF Administrator may be replaced by another person, firm, or entity.
G. The GFF set forth in the MOU shall be funded by the LG Share of the
Washington Abatement Amount only. To the extent the common benefit
tax is not already payable by the Settling Entities as contemplated by
Section D.8 of the MOU, the GFF shall be used to pay Litigating Local
Government contingency fee agreements and any common benefit tax
referred to in Section D of the MOU, which shall be paid on a pro rata
basis to eligible law firms as determined by the GFF Administrator.
H. To fund the GFF, fifteen percent (15%) of the LG Share shall be deposited
in the GFF from each LG Share settlement payment until the Litigating
Subdivisions' contingency fee agreements and common benefit tax (if
any) referred to in Section D of the MOU are satisfied. Under no
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2.1.b
circumstances will any Primary Subdivision or Litigating Local
Government be required to contribute to the GFF more than 15% of the
portion of the LG Share allocated to such Primary Subdivision or
Litigating Local Government. In addition, under no circumstances will
any portion of the LG Share allocated to a Litigating Local Government be
used to pay the contingency fees or litigation expenses of counsel for some
other Litigating Local Government.
The maximum amount of any Litigating Local Government contingency
fee agreement (from the Contingency Fee Fund of the respective
Settlements) payable to a law firm permitted for compensation shall be
fifteen percent (15%) of the portion of the LG Share paid to the Litigating
Local Government that retained that firm (i.e., if City X filed suit with
outside counsel on a contingency fee contract and City X receives
$1,000,000 from the Walmart Settlement, then the maximum that the firm
can receive is $150,000 for fees.) The firms also shall be paid documented
expenses due under their contingency fee agreements that have been paid
by the law firm attributable to that Litigating Local Government.
Consistent with Agreement on Attorneys' Fees, Costs, and Expenses,
which is Exhibit R of the Settlements, amounts due to Participating
Litigating Subdivisions' attorneys under this Allocation Agreement II
shall not impact (i) costs paid by the subdivisions to their attorneys
pursuant to a State Back -Stop agreement, (ii) fees paid to subdivision
attorneys from the Common Benefit Fund for common benefit work
performed by the attorneys pursuant to Exhibit R of the Settlements, or
(iii) costs paid to subdivision attorneys from the MDL Expense Fund for
expenses incurred by the attorneys pursuant to the Settlements.
Under no circumstances may counsel receive more for its work on behalf
of a Litigating Local Government than it would under its contingency
agreement with that Litigating Local Government. To the extent a law
firm was retained by a Litigating Local Government on a contingency fee
agreement that provides for compensation at a rate that is less than fifteen
percent (15%) of that Litigating Local Government's recovery, the
maximum amount payable to that law firm referred to in Section D.3 of
the MOU shall be the percentage set forth in that contingency fee
agreement.
K. For the avoidance of doubt, both payments from the GFF and the payment
to the Participating Litigating Local Governments' attorneys from the
Contingency Fee Fund in the respective Settlements shall be included
when calculating whether the aforementioned fifteen percent (15%)
maximum percentage (or less if the provisions of Paragraph 10.J of this
Allocation Agreement II apply) of any Litigating Local Government
contingency fee agreement referred to above has been met.
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2.1.b
L. To the extent there are any excess funds in the GFF, the GFF
Administrator and the Settlement Administrator shall facilitate the return
of those funds to the Participating Local Governments as provided for in
Section D.6 of the MOU.
13. In connection with the execution and administration of this Allocation Agreement
II, the State and the Participating Local Governments agree to abide by the Public
Records Act, RCW 42.56 et seq.
14. All Participating Local Governments, Regional OACs, and the State shall
maintain all non -transitory records related to this Allocation Agreement II as well
as the receipt and expenditure of the funds from the Settlements for no less than
five (5) years.
15. If any party to this Allocation Agreement II believes that a Participating Local
Government, Regional OAC, the State, an entity, or individual involved in the
receipt, distribution, or administration of the funds from the Settlements has
violated any applicable ethics codes or rules, a complaint shall be lodged with the
appropriate forum for handling such matters, with a copy of the complaint
promptly sent to the Washington Attorney General, Complex Litigation Division,
Division Chief, 800 Fifth Avenue, Suite 2000, Seattle, Washington 98104.
16. To the extent (i) a region utilizes a pre-existing regional body to establish its
Opioid Abatement Council pursuant to the Section 4.h of the MOU, and (ii) that
pre-existing regional body is subject to the requirements of the Community
Behavioral Health Services Act, RCW 71.24 et seq., the State and the
Participating Local Governments agree that the Opioid Funds paid by the Settling
Entities are subject to the requirements of the MOU and this Allocation
Agreement II.
17. Upon request by any of the Settling Entities, the Participating Local Governments
must comply with the Tax Cooperation and Reporting provisions of the respective
Settlement.
18. Venue for any legal action related to this Allocation Agreement II (separate and
apart from the MOU or the Settlements) shall be in King County, Washington.
19. Each party represents that all procedures necessary to authorize such party's
execution of this Allocation Agreement II have been performed and that such
person signing for such party has been authorized to execute this Allocation
Agreement II.
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FOR THE STATE OF WASHINGTON:
ROBERT W.FERGUSON
Attorney General
JEFFREY 6. RUPERT
Division Chief
Date:
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FOR THE PARTICIPATING LOCAL GOVERNMENT:
Name of Participating Local Government:
Authorized signature:
Name:
Title:
Date:
0
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2.1.b
EXHIBIT 1
Subdivision Settlement Participation Form
(Exhibit K of the Walmart Settlement)
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2.1.b
EXHIBIT K
Subdivision 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 November 14, 2022 ("Walmart Settlement"), and acting through the undersigned
authorized official, hereby elects to participate in the Walmart Settlement, release all Released Claims
against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Walmart Settlement, understands
that all terms in this Election and Release have the meanings defined therein, and agrees that
by this Election, the Governmental Entity elects to participate in the Walmart Settlement and
become a Participating Subdivision as provided therein.
2. The Governmental Entity shall promptly, and in any event within 14 days of the Effective
Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released
Claims that it has filed. With respect to any Released Claims pending in In re National
Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the
Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal With Prejudice substantially in the form found at
bSVs://nationalopioidsettlement.com/.
3. The Governmental Entity agrees to the terms of the Walmart Settlement pertaining to
Subdivisions as defined therein.
4. By agreeing to the terms of the Walmart Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Walmart
Settlement solely for the purposes provided therein.
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2.1.b
6. The Governmental Entity submits to the jurisdiction of the court in the Governmental
Entity's state where the Consent Judgment is filed for purposes limited to that court's role
as provided in, and for resolving disputes to the extent provided in, the Walmart
Settlement.
7. The Governmental Entity has the right to enforce the Walmart Settlement as provided
therein.
The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all
purposes in the Walmart Settlement, including but not limited to all provisions of Section X
(Release), 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 Walmart Settlement are intended by
the 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 Walmart
Settlement shall be a complete bar to any Released Claim.
9. In connection with the releases provided for in the Walmart 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 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 Effective Date, 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 Walmart Settlement.
10. Nothing herein is intended to modify in any way the terms of the Walmart Settlement, to
which Governmental Entity hereby agrees. To the extent this Election and Release is
interpreted differently from the Walmart Settlement in any respect, the Walmart Settlement
controls.
2 0
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I have all necessary power and authorization to execute this Election and Release on behalf of the
Governmental Entity.
Signature:
Name:
Title:
Date:
0 '0
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2.1.b
EXHIBIT 2
Subdivision Settlement Participation Form
(Exhibit K of the Teva Settlement)
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2.1.b
Exhibit K
Subdivision and Special District Settlement Participation Form
Governmental Entity:
State:
Authorized Signatory:
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 Agreement
dated November 22, 2022 ("Teva Settlement"), and acting through the undersigned authorized
official, hereby elects to participate in the Teva Settlement, release all Released Claims against all
Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Teva Settlement, understands that
all terms in this Election and Release have the meanings defined therein, and agrees that by
this Election, the Governmental Entity elects to participate in the Teva Settlement as provided
therein.
2. Following the execution of this Settlement Participation Form, the Governmental Entity shall
comply with Section I11.13 of the Teva Settlement regarding Cessation of Litigation Activities.
3. The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of
the Consent Judgment, file a request to dismiss with prejudice any Released Claims that it has
filed. With respect to any Released Claims pending in In re National Prescription Opiate
Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs' Executive
Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal
With Prejudice substantially in the form found at htips://nationalopioidsettlement.com.
4. The Governmental Entity agrees to the terms of the Teva Settlement pertaining to
Subdivisions as defined therein.
5. By agreeing to the terms of the Teva Settlement and becoming a Releasor, the Governmental
Entity is entitled to the benefits provided therein, including, if applicable, monetary payments
beginning after the Effective Date.
6. The Governmental Entity agrees to use any monies it receives through the Teva Settlement
solely for the purposes provided therein.
7. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's
state where the Consent Judgment is filed for purposes limited to that court's role as provided
in, and for resolving disputes to the extent provided in, the Teva Settlement.
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8. The Governmental Entity has the right to enforce the Teva Settlement as provided therein.
9. The Governmental Entity, as a Participating Subdivision or Participating Special District,
hereby becomes a Releasor for all purposes in the Teva Settlement, including but not limited
to all provisions of Section V (Release), 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 Teva
Settlement are intended by Released Entitles and the Governmental Entity 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 Teva 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 or Participating Special District as set forth in the Teva Settlement.
11. In connection with the releases provided for in the Teva 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 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 Effective Date, 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 Teva Settlement.
12. Nothing herein is intended to modify in any way the terms of the Teva Settlement, to which
Governmental Entity hereby agrees. To the extent this Election and Release is interpreted
differently from the Teva Settlement in any respect, the Teva Settlement controls.
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I have all necessary power and authorization to execute this Election and Release on behalf of the
Governmental Entity.
Signature:
Name:
Title:
Date:
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EXHIBIT 3
Subdivision Settlement Participation Form
(Exhibit K of the Allergan Settlement)
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EXHIBIT K
Subdivision and Special District Settlement Participation Form
Governmental Entity:
State:
Authorized Signatory:
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 Agreement dated
November 22, 2022 ("Allergan Settlement"), and acting through the undersigned authorized official,
hereby elects to participate in the Allergan Settlement, release all Released Claims against all Released
Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Allergan Settlement, understands
that all terms in this Election and Release have the meanings defined therein, and agrees that
by this Election, the Governmental Entity elects to participate in the Allergan Settlement as
provided therein.
2. Following the execution of this Settlement Participation Form, the Governmental Entity shall
comply with Section III.B of the Allergan Settlement regarding Cessation of Litigation
Activities.
3. The Governmental Entity shall, within fourteen (14) days of the Reference Date and prior to
the filing of the Consent Judgment, file a request to dismiss with prejudice any Released
Claims that it has riled. With respect to any Released Claims pending in In re National
Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the MDL
Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal With Prejudice substantially in the form found at
hLtps://nationalopioidsettlement.com.
4. The Governmental Entity agrees to the terms of the Allergan Settlement pertaining to
Subdivisions and Special Districts as defined therein.
By agreeing to the terms of the Allergan Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
6. The Governmental Entity agrees to use any monies it receives through the Allergan Settlement
solely for the purposes provided therein.
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7. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's
state where the Consent Judgment is filed for purposes limited to that court's role as provided
in, and for resolving disputes to the extent provided in, the Allergan Settlement.
8. The Governmental Entity has the right to enforce the Allergan Settlement as provided therein.
9. The Governmental Entity, as a Participating Subdivision or Participating Special District,
hereby becomes a Releasor for all purposes in the Allergan Settlement, including, but not
limited to, all provisions of Section V (Release), and along with all departments, agencies,
divisions, boards, commissions, Subdivisions, districts, instrumentalities of any kind and
attorneys, and any person in their 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, 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 in
bringing, 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 Allergan Settlement are intended 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 Allergan 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 or Participating Special District as set forth in the Allergan Settlement.
11. In connection with the releases provided for in the Allergan 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 that, if known by him or her, would have
materially affected his or her settlement with the debtor or released parry.
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 Effective Date, 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 Allergan Settlement.
12. Nothing herein is intended to modify in any way the terms of the Allergan Settlement, to
which the Governmental Entity hereby agrees. To the extent this Settlement Participation
Form is interpreted differently from the Allergan Settlement in any respect, the Allergan
Settlement controls.
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I have all necessary power and authorization to execute this Settlement Participation Form on behalf
of the Governmental Entity.
Signature:
Name:
Title:
Date:
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EXHIBIT 4
Subdivision Settlement Participation Form
(Exhibit K of the CVS Settlement)
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EXHIBIT K
Subdivision Participation and Release Form
Governmental Entity:
State:
Authorized Signatory:
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 December 9, 2022 ("CVS Settlement"), and acting through the undersigned authorized
official, hereby elects to participate in the CVS Settlement, release all Released Claims against all
Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the CVS Settlement, understands that all
terms in this Participation and Release Form have the meanings defined therein, and agrees that
by executing this Participation and Release Form, the Governmental Entity elects to participate
in the CVS Settlement and become a Participating Subdivision as provided therein.
2. The Governmental Entity shall promptly, and in any event no later than 14 days after the
Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any
Released Claims that it has filed. With respect to any Released Claims pending in In re
National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes
the Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal with Prejudice substantially in the form found at
fts://nationalopioidsettlement.com.
3. The Governmental Entity agrees to the terms of the CVS Settlement pertaining to Participating
Subdivisions as defined therein.
4. By agreeing to the terms of the CVS Settlement and becoming a Releasor, the Governmental
Entity is entitled to the benefits provided therein, including, if applicable, monetary payments
beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the CVS Settlement
solely for the purposes provided therein.
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6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's
state where the Consent Judgment is filed for purposes limited to that court's role as provided in,
and for resolving disputes to the extent provided in, the CVS 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 CVS Settlement.
7. The Governmental Entity has the right to enforce the CVS Settlement as provided therein.
The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all
purposes in the CVS Settlement, including without limitation all provisions of Section XI
(Release), 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 CVS Settlement are intended by the 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 CVS Settlement shall be a complete
bar to any Released Claim.
9. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the CVS Settlement.
10. In connection with the releases provided for in the CVS 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 that, if known by him or her would
have materially affected his or her settlement with the debtor or released
parry.
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
Effective Date, 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 CVS Settlement.
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11. Nothing herein is intended to modify in any way the terms of the CVS Settlement, to which
Governmental Entity hereby agrees. To the extent this Participation and Release Form is
interpreted differently from the CVS Settlement in any respect, the CVS Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form on
behalf of the Governmental Entity.
Signature:
Name:
Title:
Date:
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EXHIBIT 5
Subdivision Settlement Participation Form
(Exhibit K of the Walgreens Settlement)
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2.1.b
EXHIBIT K
Subdivision Participation and Release Form
Governmental Entity:
State:
Authorized Signatory:
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 December 9, 2022 ("Walgreens Settlement"), and acting through the undersigned
authorized official, hereby elects to participate in the Walgreens Settlement, release all Released
Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Walgreens Settlement, understands
that all terms in this Participation and Release Form have the meanings defined therein, and
agrees that by executing this Participation and Release Form, the Governmental Entity elects to
participate in the Walgreens Settlement and become a Participating Subdivision as provided
therein.
2. The Governmental Entity shall promptly, and in any event no later than 14 days after the
Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any
Released Claims that it has filed. With respect to any Released Claims pending in In re
National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes
the Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal with Prejudice substantially in the form found at
btips://nationalopioidsettlement.com.
3. The Governmental Entity agrees to the terms of the Walgreens Settlement pertaining to
Participating Subdivisions as defined therein.
4. By agreeing to the terms of the Walgreens Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Walgreens
Settlement solely for the purposes provided therein.
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6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's
state where the Consent Judgment is filed for purposes limited to that court's role as provided in,
and for resolving disputes to the extent provided in, the Walgreens 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 Walgreens
Settlement.
7. The Governmental Entity has the right to enforce the Walgreens Settlement as provided therein.
The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all
purposes in the Walgreens Settlement, including without limitation all provisions of Section XI
(Release), 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 Walgreens Settlement are intended by the 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 Walgreens Settlement shall be a
complete bar to any Released Claim.
9. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Walgreens Settlement.
10. In connection with the releases provided for in the Walgreens 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 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 Effective Date, 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 Walgreens Settlement.
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11. Nothing herein is intended to modify in any way the terms of the Walgreens Settlement, to
which Governmental Entity hereby agrees. To the extent this Participation and Release Form
is interpreted differently from the Walgreens Settlement in any respect, the Walgreens
Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form on
behalf of the Governmental Entity.
Signature:
Name:
Title:
Date:
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EXHIBIT 6
One Washington Memorandum of Understanding Between Washington Municipalities
Q
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2.1.b
ONE WASHINGTON MEMORANDUM OF UNDERSTANDING BETWEEN
WASHINGTON MUNICIPALITIES
Whereas, the people of the State of Washington and its communities have been harmed by
entities within the Pharmaceutical Supply Chain who manufacture, distribute, and dispense
prescription opioids;
Whereas, certain Local Governments, through their elected representatives and counsel,
are engaged in litigation seeking to hold these entities within the Pharmaceutical Supply Chain of
prescription opioids accountable for the damage they have caused to the Local Governments;
Whereas, Local Governments and elected officials share a common desire to abate and
alleviate the impacts of harms caused by these entities within the Pharmaceutical Supply Chain
throughout the State of Washington, and strive to ensure that principals of equity and equitable
service delivery are factors considered in the allocation and use of Opioid Funds; and
Whereas, certain Local Governments engaged in litigation and the other cities and counties
in Washington desire to agree on a form of allocation for Opioid Funds they receive from entities
within the Pharmaceutical Supply Chain.
Now therefore, the Local Governments enter into this Memorandum of Understanding
("MOU") relating to the allocation and use of the proceeds of Settlements described.
A. Definitions
As used in this MOU:
1. "Allocation Regions" are the same geographic areas as the existing
nine (9) Washington State Accountable Community of Health (ACH) Regions
and have the purpose described in Section C below.
2. "Approved Purpose(s)" shall mean the strategies specified and set
forth in the Opioid Abatement Strategies attached as Exhibit A.
3. "Effective Date" shall mean the date on which a court of
competent jurisdiction enters the first Settlement by order or consent decree. The
Parties anticipate that more than one Settlement will be administered according to
the terms of this MOU, but that the first entered Settlement will trigger allocation
of Opioid Funds in accordance with Section B herein, and the formation of the
Opioid Abatement Councils in Section C.
4. "Litigating Local Govemment(s)" shall mean Local Governments
that filed suit against any Pharmaceutical Supply Chain Participant pertaining to
the Opioid epidemic prior to September 1, 2020.
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5. "Local Government(s)" shall mean all counties, cities, and towns
within the geographic boundaries of the State of Washington.
6. "National Settlement Agreements" means the national opioid
settlement agreements dated July 21, 2021 involving Johnson & Johnson, and
distributors AmerisourceBergen, Cardinal Health and McKesson as well as their
subsidiaries, affiliates, officers, and directors named in the National Settlement
Agreements, including all amendments thereto.
7. "Opioid Funds" shall mean monetary amounts obtained through a
Settlement as defined in this MOU.
8. "Opioid Abatement Council" shall have the meaning described in
Section C below.
9. "Participating Local Government(s)" shall mean all counties,
cities, and towns within the geographic boundaries of the State that have chosen
to sign on to this MOU. The Participating Local Governments may be referred to
separately in this MOU as "Participating Counties" and "Participating Cities and
Towns" (or "Participating Cities or Towns," as appropriate) or "Parties."
10. "Pharmaceutical Supply Chain" shall mean the process and
channels through which controlled substances are manufactured, marketed,
promoted, distributed, and/or dispensed, including prescription opioids.
11. "Pharmaceutical Supply Chain Participant" shall mean any entity
that engages in or has engaged in the manufacture, marketing, promotion,
distribution, and/or dispensing of a prescription opioid, including any entity that
has assisted in any of the above.
12. "Qualified Settlement Fund Account," or "QSF Account," shall
mean an account set up as a qualified settlement fund, 468b fund, as authorized by
Treasury Regulations 1.468B-1(c) (26 CFR § 1.468B-1).
13. "Regional Agreements" shall mean the understanding reached by
the Participating Local Counties and Cities within an Allocation Region
governing the allocation, management, distribution of Opioid Funds within that
Allocation Region.
14. "Settlement" shall mean the future negotiated resolution of legal or
equitable claims against a Pharmaceutical Supply Chain Participant when that
resolution has been jointly entered into by the Participating Local
Governments. "Settlement" expressly does not include a plan of reorganization
confirmed under Title 11 of the United States Code, irrespective of the extent to
which Participating Local Governments vote in favor of or otherwise support such
plan of reorganization.
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15. "Trustee" shall mean an independent trustee who shall be
responsible for the ministerial task of releasing Opioid Funds from a QSF account
to Participating Local Governments as authorized herein and accounting for all
payments into or out of the trust.
16. The "Washington State Accountable Communities of Health" or
"ACH" shall mean the nine (9) regions described in Section C below.
B. Allocation of Settlement Proceeds for Approved Purposes
1. All Opioid Funds shall be held in a QSF and distributed by the
Trustee, for the benefit of the Participating Local Governments, only in a manner
consistent with this MOU. Distribution of Opioid Funds will be subject to the
mechanisms for auditing and reporting set forth below to provide public
accountability and transparency.
2. All Opioid Funds, regardless of allocation, shall be utilized
pursuant to Approved Purposes as defined herein and set forth in Exhibit A.
Compliance with this requirement shall be verified through reporting, as set out in
this MOU.
3. The division of Opioid Funds shall first be allocated to
Participating Counties based on the methodology utilized for the Negotiation
Class in In Re: National Prescription Opiate Litigation, United States District
Court for the Northern District of Ohio, Case No. 1:17-and-02804-DAP. The
allocation model uses three equally weighted factors: (1) the amount of opioids
shipped to the county; (2) the number of opioid deaths that occurred in that
county; and (3) the number of people who suffer opioid use disorder in that
county. The allocation percentages that result from application of this
methodology are set forth in the "County Total" line item in Exhibit B. In the
event any county does not participate in this MOU, that county's percentage share
shall be reallocated proportionally amongst the Participating Counties by applying
this same methodology to only the Participating Counties.
4. Allocation and distribution of Opioid Funds within each
Participating County will be based on regional agreements as described in
Section C.
C. Regional Agreements
1. For the purpose of this MOU, the regional structure for decision -
making related to opioid fund allocation will be based upon the nine (9) pre-
defined Washington State Accountable Community of Health Regions (Allocation
Regions). Reference to these pre -defined regions is solely for the purpose of
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2.1.b
drawing geographic boundaries to facilitate regional agreements for use of Opioid
Funds. The Allocation Regions are as follows:
• King County (Single County Region)
• Pierce County (Single County Region)
• Olympic Community of Health Region (Clallam, Jefferson, and Kitsap
Counties)
• Cascade Pacific Action Alliance Region (Cowlitz, Grays Harbor, Lewis,
Mason, Pacific, Thurston, and Wahkiakum Counties)
• North Sound Region (Island, San Juan, Skagit, Snohomish, and Whatcom
Counties)
• SouthWest Region (Clark, Klickitat, and Skamania Counties)
• Greater Columbia Region (Asotin, Benton, Columbia, Franklin, Garfield,
Kittitas, Walla Walla, Whitman, and Yakima Counties)
• Spokane Region (Adams, Ferry, Lincoln, Pend Oreille, Spokane, and
Stevens Counties)
• North Central Region (Chelan, Douglas, Grant, and Okanogan Counties)
2. Opioid Funds will be allocated, distributed and managed within
each Allocation Region, as determined by its Regional Agreement as set forth
below. If an Allocation Region does not have a Regional Agreement enumerated
in this MOU, and does not subsequently adopt a Regional Agreement per Section
C.5, the default mechanism for allocation, distribution and management of Opioid
Funds described in Section CA.a will apply. Each Allocation Region must have
an OAC whose composition and responsibilities shall be defined by Regional
Agreement or as set forth in Section CA.
3. King County's Regional Agreement is reflected in Exhibit C to this
MOU.
4. All other Allocation Regions that have not specified a Regional
Agreement for allocating, distributing and managing Opioid Funds, will apply
the following default methodology:
a. Opioid Funds shall be allocated within each Allocation Region by
taking the allocation for a Participating County from Exhibit B and
apportioning those funds between that Participating County and its
Participating Cities and Towns. Exhibit B also sets forth the allocation to
the Participating Counties and the Participating Cities or Towns within the
Counties based on a default allocation formula. As set forth above in
Section B.3, to determine the allocation to a county, this formula utilizes:
(1) the amount of opioids shipped to the county; (2) the number of opioid
deaths that occurred in that county; and (3) the number of people who
suffer opioid use disorder in that county. To determine the allocation
within a county, the formula utilizes historical federal data showing how
the specific Counties and the Cities and Towns within the Counties have
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2.1.b
made opioids epidemic -related expenditures in the past. This is the same
methodology used in the National Settlement Agreements for county and
intra-county allocations. A Participating County, and the Cities and Towns
within it may enter into a separate intra-county allocation agreement to
modify how the Opioid Funds are allocated amongst themselves, provided
the modification is in writing and agreed to by all Participating Local
Governments in the County. Such an agreement shall not modify any of
the other terms or requirements of this MOU.
b. 10% of the Opioid Funds received by the Region will be reserved,
on an annual basis, for administrative costs related to the OAC. The OAC
will provide an annual accounting for actual costs and any reserved funds
that exceed actual costs will be reallocated to Participating Local
Governments within the Region.
C. Cities and towns with a population of less than 10,000 shall be
excluded from the allocation, with the exception of cities and towns that
are Litigating Participating Local Governments. The portion of the Opioid
Funds that would have been allocated to a city or town with a population
of less than 10,000 that is not a Litigating Participating Local Government
shall be redistributed to Participating Counties in the manner directed
in CA.a above.
d. Each Participating County, City, or Town may elect to have its
share re -allocated to the OAC in which it is located. The OAC will then
utilize this share for the benefit of Participating Local Governments within
that Allocation Region, consistent with the Approved Purposes set forth in
Exhibit A. A Participating Local Government's election to forego its
allocation of Opioid Funds shall apply to all future allocations unless the
Participating Local Government notifies its respective OAC otherwise. If a
Participating Local Government elects to forego its allocation of the
Opioid Funds, the Participating Local Government shall be excused from
the reporting requirements set forth in this Agreement.
e. Participating Local Governments that receive a direct
payment maintain full discretion over the use and distribution of their
allocation of Opioid Funds, provided the Opioid Funds are used solely for
Approved Purposes. Reasonable administrative costs for a Participating
Local Government to administer its allocation of Opioid Funds shall not
exceed actual costs or 10% of the Participating Local Government's
allocation of Opioid Funds, whichever is less.
f. A Local Government that chooses not to become a Participating
Local Government will not receive a direct allocation of Opioid Funds.
The portion of the Opioid Funds that would have been allocated to a Local
Government that is not a Participating Local Government shall be
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2.1.b
redistributed to Participating Counties in the manner directed
in CA.a above.
g. As a condition of receiving a direct payment, each Participating
Local Government that receives a direct payment agrees to undertake the
following actions:
i. Developing a methodology for obtaining proposals for use
of Opioid Funds.
ii. Ensuring there is opportunity for community -based input
on priorities for Opioid Fund programs and services.
iii. Receiving and reviewing proposals for use of Opioid Funds
for Approved Purposes.
iv. Approving or denying proposals for use of Opioid
Funds for Approved Purposes.
V. Receiving funds from the Trustee for approved proposals
and distributing the Opioid Funds to the recipient.
vi. Reporting to the OAC and making publicly available all
decisions on Opioid Fund allocation applications,
distributions and expenditures.
h. Prior to any distribution of Opioid Funds within the Allocation
Region, The Participating Local Governments must establish an Opioid
Abatement Council (OAC) to oversee Opioid Fund allocation,
distribution, expenditures and dispute resolution. The OAC may be a
preexisting regional body or may be a new body created for purposes of
executing the obligations of this MOU.
i. The OAC for each Allocation Region shall be composed of
representation from both Participating Counties and Participating Towns
or Cities within the Region. The method of selecting members, and the
terms for which they will serve will be determined by the Allocation
Region's Participating Local Governments. All persons who serve on the
OAC must have work or educational experience pertaining to one or more
Approved Uses.
The Regional OAC will be responsible for the following actions:
i. Overseeing distribution of Opioid Funds from Participating
Local Governments to programs and services within the
Allocation Region for Approved Purposes.
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ii. Annual review of expenditure reports from
Participating Local Jurisdictions within the Allocation
Region for compliance with Approved Purposes and the
terms of this MOU and any Settlement.
iii. In the case where Participating Local Governments chose
to forego their allocation of Opioid Funds:
(i) Approving or denying proposals by Participating Local
Governments or community groups to the OAC for use of
Opioid Funds within the Allocation Region.
(ii) Directing the Trustee to distribute Opioid Funds for use
by Participating Local Governments or community groups
whose proposals are approved by the OAC.
(iii) Administrating and maintaining records of all OAC
decisions and distributions of Opioid Funds.
iv. Reporting and making publicly available all decisions on
Opioid Fund allocation applications, distributions and
expenditures by the OAC or directly by Participating Local
Governments.
V. Developing and maintaining a centralized public dashboard
or other repository for the publication of expenditure data
from any Participating Local Government that receives
Opioid Funds, and for expenditures by the OAC in that
Allocation Region, which it shall update at least annually.
vi. If necessary, requiring and collecting additional outcome -
related data from Participating Local Governments to
evaluate the use of Opioid Funds, and all Participating
Local Governments shall comply with such requirements.
vii. Hearing complaints by Participating Local Governments
within the Allocation Region regarding alleged failure to
(1) use Opioid Funds for Approved Purposes or (2) comply
with reporting requirements.
5. Participating Local Governments may agree and elect to share,
pool, or collaborate with their respective allocation of Opioid Funds in any
manner they choose by adopting a Regional Agreement, so long as such
sharing, pooling, or collaboration is used for Approved Purposes and
complies with the terms of this MOU and any Settlement.
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6. Nothing in this MOU should alter or change any Participating
Local Government's rights to pursue its own claim. Rather, the intent of
this MOU is to join all parties who wish to be Participating Local
Governments to agree upon an allocation formula for any Opioid Funds
from any future binding Settlement with one or more Pharmaceutical
Supply Chain Participants for all Local Governments in the State of
Washington.
7. If any Participating Local Government disputes the amount it
receives from its allocation of Opioid Funds, the Participating Local
Government shall alert its respective OAC within sixty (60) days of
discovering the information underlying the dispute. Failure to alert its
OAC within this time frame shall not constitute a waiver of the
Participating Local Government's right to seek recoupment of any
deficiency in its allocation of Opioid Funds.
8. If any OAC concludes that a Participating Local Government's
expenditure of its allocation of Opioid Funds did not comply with the
Approved Purposes listed in Exhibit A, or the terms of this MOU, or that
the Participating Local Government otherwise misused its allocation of
Opioid Funds, the OAC may take remedial action against the alleged
offending Participating Local Government. Such remedial action is left to
the discretion of the OAC and may include withholding future Opioid
Funds owed to the offending Participating Local Government or requiring
the offending Participating Local Government to reimburse improperly
expended Opioid Funds back to the OAC to be re -allocated to the
remaining Participating Local Governments within that Region.
9. All Participating Local Governments and OAC shall maintain all
records related to the receipt and expenditure of Opioid Funds for no less
than five (5) years and shall make such records available for review by
any other Participating Local Government or OAC, or the public. Records
requested by the public shall be produced in accordance with
Washington's Public Records Act RCW 42.56.001 et seq. Records
requested by another Participating Local Government or an OAC shall be
produced within twenty-one (21) days of the date the record request was
received. This requirement does not supplant any Participating Local
Government or OAC's obligations under Washington's Public Records
Act RCW 42.56.001 et seq.
D. Payment of Counsel and Litigation Expenses
1. The Litigating Local Governments have incurred attorneys' fees
and litigation expenses relating to their prosecution of claims against the
Pharmaceutical Supply Chain Participants, and this prosecution has inured to the
benefit of all Participating Local Governments. Accordingly, a Washington
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Government Fee Fund ("GFF") shall be established that ensures that all Parties
that receive Opioid Funds contribute to the payment of fees and expenses incurred
to prosecute the claims against the Pharmaceutical Supply Chain Participants,
regardless of whether they are litigating or non -litigating entities.
2. The amount of the GFF shall be based as follows: the funds to be
deposited in the GFF shall be equal to 15% of the total cash value of the Opioid
Funds.
3. The maximum percentage of any contingency fee agreement
permitted for compensation shall be 15% of the portion of the Opioid Funds
allocated to the Litigating Local Government that is a party to the contingency fee
agreement, plus expenses attributable to that Litigating Local Government. Under
no circumstances may counsel collect more for its work on behalf of a Litigating
Local Government than it would under its contingency agreement with that
Litigating Local Government.
4. Payments from the GFF shall be overseen by a committee (the
"Opioid Fee and Expense Committee") consisting of one representative of the
following law firms: (a) Keller Rohrback L.LP.; (b) Hagens Berman Sobol
Shapiro LLP; (c) Goldfarb & Huck Roth Riojas, PLLC; and (d) Napoli Shkolnik
PLLC. The role of the Opioid Fee and Expense Committee shall be limited to
ensuring that the GFF is administered in accordance with this Section.
5. In the event that settling Pharmaceutical Supply Chain Participants
do not pay the fees and expenses of the Participating Local Governments directly
at the time settlement is achieved, payments to counsel for Participating Local
Governments shall be made from the GFF over not more than three years, with
50% paid within 12 months of the date of Settlement and 25% paid in each
subsequent year, or at the time the total Settlement amount is paid to the Trustee
by the Defendants, whichever is sooner.
6. Any funds remaining in the GFF in excess of. (i) the amounts
needed to cover Litigating Local Governments' private counsel's representation
agreements, and (ii) the amounts needed to cover the common benefit tax
discussed in Section C.8 below (if not paid directly by the Defendants in
connection with future settlement(s), shall revert to the Participating Local
Governments pro rata according to the percentages set forth in Exhibits B, to be
used for Approved Purposes as set forth herein and in Exhibit A.
7. In the event that funds in the GFF are not sufficient to pay all fees
and expenses owed under this Section, payments to counsel for all Litigating
Local Governments shall be reduced on a pro rata basis. The Litigating Local
Governments will not be responsible for any of these reduced amounts.
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8. The Parties anticipate that any Opioid Funds they receive will be
subject to a common benefit "tax" imposed by the court in In Re: National
Prescription Opiate Litigation, United States District Court for the Northern
District of Ohio, Case No. 1:17-and-02804-DAP ("Common Benefit Tax"). If this
occurs, the Participating Local Governments shall first seek to have the settling
defendants pay the Common Benefit Tax. If the settling defendants do not agree
to pay the Common Benefit Tax, then the Common Benefit Tax shall be paid
from the Opioid Funds and by both litigating and non -litigating Local
Governments. This payment shall occur prior to allocation and distribution of
Rinds to the Participating Local Governments. In the event that GFF is not fully
exhausted to pay the Litigating Local Governments' private counsel's
representation agreements, excess funds in the GFF shall be applied to pay the
Common Benefit Tax (if any).
E. General Terms
1. If any Participating Local Government believes another
Participating Local Government, not including the Regional Abatement Advisory
Councils, violated the terms of this MOU, the alleging Participating Local
Government may seek to enforce the terms of this MOU in the court in which any
applicable Settlement(s) was entered, provided the alleging Participating Local
Government first provides the alleged offending Participating Local Government
notice of the alleged violation(s) and a reasonable opportunity to cure the alleged
violation(s). In such an enforcement action, any alleging Participating Local
Government or alleged offending Participating Local Government may be
represented by their respective public entity in accordance with Washington law.
2. Nothing in this MOU shall be interpreted to waive the right of any
Participating Local Government to seek judicial relief for conduct occurring
outside the scope of this MOU that violates any Washington law. In such an
action, the alleged offending Participating Local Government, including the
Regional Abatement Advisory Councils, may be represented by their respective
public entities in accordance with Washington law. In the event of a conflict, any
Participating Local Government, including the Regional Abatement Advisory
Councils and its Members, may seek outside representation to defend itself
against such an action.
3. Venue for any legal action related to this MOU shall be in the
court in which the Participating Local Government is located or in accordance
with the court rules on venue in that jurisdiction. This provision is not intended to
expand the court rules on venue.
4. This MOU may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the
same instrument. The Participating Local Governments approve the use of
electronic signatures for execution of this MOU. All use of electronic signatures
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2.1.b
shall be governed by the Uniform Electronic Transactions Act. The Parties agree
not to deny the legal effect or enforceability of the MOU solely because it is in
electronic form or because an electronic record was used in its formation. The
Participating Local Government agree not to object to the admissibility of the
MOU in the form of an electronic record, or a paper copy of an electronic
document, or a paper copy of a document bearing an electronic signature, on
the grounds that it is an electronic record or electronic signature or that it is not in
its original form or is not an original.
5. Each Participating Local Government represents that all
procedures necessary to authorize such Participating Local Government's
execution of this MOU have been performed and that the person signing for such
Party has been authorized to execute the MOU.
[Remainder of Page Intentionally Left Blank — Signature Pages Follow]
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This One Washington Memorandum of Understanding Between Washington
Municipalities is signed this day of , 2022 by:
Name & Title
On behalf of
4894-0031-1574, v. 2
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EXHIBIT A
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2.1.b
OPIOID ABATEMENT STRATEGIES
PART ONE: TREATMENT
A. TREAT OPIOID USE DISORDER (OUD
Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use
Disorder or Mental Health (SUD/MH) conditions, co -usage, and/or co -addiction through
evidence -based, evidence -informed, or promising programs or strategies that may include,
but are not limited to, the following:
1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions,
co -usage, and/or co -addiction, including all forms of Medication -Assisted Treatment
(MAT) approved by the U.S. Food and Drug Administration.
2. Support and reimburse services that include the full American Society of Addiction
Medicine (ASAM) continuum of care for OUD and any co-occurring SUD/MH
conditions, co -usage, and/or co -addiction, including but not limited to:
a. Medication -Assisted Treatment (MAT);
b. Abstinence -based treatment;
c. Treatment, recovery, or other services provided by states, subdivisions,
community health centers; non -for -profit providers; or for -profit providers;
d. Treatment by providers that focus on OUD treatment as well as treatment by
providers that offer OUD treatment along with treatment for other SUD/MH
conditions, co -usage, and/or co -addiction; or
e. Evidence -informed residential services programs, as noted below.
3. Expand telehealth to increase access to treatment for OUD and any co-occurring
SUD/MH conditions, co -usage, and/or co -addiction, including MAT, as well as
counseling, psychiatric support, and other treatment and recovery support services.
4. Improve oversight of Opioid Treatment Programs (OTPs) to assure evidence -based,
evidence -informed, or promising practices such as adequate methadone dosing.
5. Support mobile intervention, treatment, and recovery services, offered by qualified
professionals and service providers, such as peer recovery coaches, for persons with
OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction and
for persons who have experienced an opioid overdose.
6. Support treatment of mental health trauma resulting from the traumatic experiences of
the opioid user (e.g., violence, sexual assault, human trafficking, or adverse childhood
experiences) and family members (e.g., surviving family members after an overdose
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2.1.b
or overdose fatality), and training of health care personnel to identify and address such
trauma.
7. Support detoxification (detox) and withdrawal management services for persons with
OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction,
including medical detox, referral to treatment, or connections to other services or
supports.
8. Support training on MAT for health care providers, students, or other supporting
professionals, such as peer recovery coaches or recovery outreach specialists,
including telementoring to assist community -based providers in rural or underserved
areas.
9. Support workforce development for addiction professionals who work with persons
with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction.
10. Provide fellowships for addiction medicine specialists for direct patient care,
instructors, and clinical research for treatments.
11. Provide funding and training for clinicians to obtain a waiver under the federal Drug
Addiction Treatment Act of 2000 (DATA 2000) to prescribe MAT for OUD, and
provide technical assistance and professional support to clinicians who have obtained
a DATA 2000 waiver.
12. Support the dissemination of web -based training curricula, such as the American
Academy of Addiction Psychiatry's Provider Clinical Support Service-Opioids web -
based training curriculum and motivational interviewing.
13. Support the development and dissemination of new curricula, such as the American
Academy of Addiction Psychiatry's Provider Clinical Support Service for
Medication -Assisted Treatment.
B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in treatment for and recovery from OUD and any co-occurring SUD/MH
conditions, co -usage, and/or co -addiction through evidence -based, evidence -informed, or
promising programs or strategies that may include, but are not limited to, the following:
1. Provide the full continuum of care of recovery services for OUD and any co-occurring
SUD/MH conditions, co -usage, and/or co -addiction, including supportive housing,
residential treatment, medical detox services, peer support services and counseling,
community navigators, case management, and connections to community -based
services.
2. Provide counseling, peer -support, recovery case management and residential
treatment with access to medications for those who need it to persons with OUD and
any co-occurring SUD/MH conditions, co -usage, and/or co -addiction.
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3. Provide access to housing for people with OUD and any co-occurring SUD/MH
conditions, co -usage, and/or co -addiction, including supportive housing, recovery
housing, housing assistance programs, or training for housing providers.
4. Provide community support services, including social and legal services, to assist in
deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions, co -
usage, and/or co -addiction.
5. Support or expand peer -recovery centers, which may include support groups, social
events, computer access, or other services for persons with OUD and any co-occurring
SUD/MH conditions, co -usage, and/or co -addiction.
6. Provide employment training or educational services for persons in treatment for or
recovery from OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -
addiction.
7. Identify successful recovery programs such as physician, pilot, and college recovery
programs, and provide support and technical assistance to increase the number and
capacity of high -quality programs to help those in recovery.
8. Engage non -profits, faith -based communities, and community coalitions to support
people in treatment and recovery and to support family members in their efforts to
manage the opioid user in the family.
9. Provide training and development of procedures for government staff to appropriately
interact and provide social and other services to current and recovering opioid users,
including reducing stigma.
10. Support stigma reduction efforts regarding treatment and support for persons with
OUD, including reducing the stigma on effective treatment.
C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
(CONNECTIONS TO CARE)
Provide connections to care for people who have — or are at risk of developing — OUD and
any co-occurring SUD/MH conditions, co -usage, and/or co -addiction through evidence -
based, evidence -informed, or promising programs or strategies that may include, but are not
limited to, the following:
1. Ensure that health care providers are screening for OUD and other risk factors and
know how to appropriately counsel and treat (or refer if necessary) a patient for OUD
treatment.
2. Support Screening, Brief Intervention and Referral to Treatment (SBIRT) programs to
reduce the transition from use to disorders.
3. Provide training and long-term implementation of SBIRT in key systems (health,
schools, colleges, criminal justice, and probation), with a focus on youth and young
adults when transition from misuse to opioid disorder is common.
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4. Purchase automated versions of SBIRT and support ongoing costs of the technology.
5. Support training for emergency room personnel treating opioid overdose patients on
post -discharge planning, including community referrals for MAT, recovery case
management or support services.
6. Support hospital programs that transition persons with OUD and any co-occurring
SUD/MH conditions, co -usage, and/or co -addiction, or persons who have experienced
an opioid overdose, into community treatment or recovery services through a bridge
clinic or similar approach.
7. Support crisis stabilization centers that serve as an alternative to hospital emergency
departments for persons with OUD and any co-occurring SUD/MH conditions, co -
usage, and/or co -addiction or persons that have experienced an opioid overdose.
8. Support the work of Emergency Medical Systems, including peer support specialists,
to connect individuals to treatment or other appropriate services following an opioid
overdose or other opioid-related adverse event.
9. Provide funding for peer support specialists or recovery coaches in emergency
departments, detox facilities, recovery centers, recovery housing, or similar settings;
offer services, supports, or connections to care to persons with OUD and any co-
occurring SUD/MH conditions, co -usage, and/or co -addiction or to persons who have
experienced an opioid overdose.
10. Provide funding for peer navigators, recovery coaches, care coordinators, or care
managers that offer assistance to persons with OUD and any co-occurring SUD/MH
conditions, co -usage, and/or co -addiction or to persons who have experienced on
opioid overdose.
11. Create or support school -based contacts that parents can engage with to seek
immediate treatment services for their child; and support prevention, intervention,
treatment, and recovery programs focused on young people.
12. Develop and support best practices on addressing OUD in the workplace.
13. Support assistance programs for health care providers with OUD.
14. Engage non -profits and the faith community as a system to support outreach for
treatment.
15. Support centralized call centers that provide information and connections to
appropriate services and supports for persons with OUD and any co-occurring
SUD/MH conditions, co -usage, and/or co -addiction.
16. Create or support intake and call centers to facilitate education and access to
treatment, prevention, and recovery services for persons with OUD and any co-
occurring SUD/MH conditions, co -usage, and/or co -addiction.
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17. Develop or support a National Treatment Availability Clearinghouse — a
multistate/nationally accessible database whereby health care providers can list
locations for currently available in -patient and out -patient OUD treatment services
that are accessible on a real-time basis by persons who seek treatment.
D. ADDRESS THE NEEDS OF CRIMINAL -JUSTICE -INVOLVED PERSONS
Address the needs of persons with OUD and any co-occurring SUD/MH conditions, co -
usage, and/or co -addiction who are involved — or are at risk of becoming involved — in the
criminal justice system through evidence -based, evidence -informed, or promising programs
or strategies that may include, but are not limited to, the following:
1. Support pre -arrest or post -arrest diversion and deflection strategies for persons with
OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction,
including established strategies such as:
a. Self -referral strategies such as the Angel Programs or the Police Assisted
Addiction Recovery Initiative (PAARI);
b. Active outreach strategies such as the Drug Abuse Response Team (DART)
model;
c. "Naloxone Plus" strategies, which work to ensure that individuals who have
received naloxone to reverse the effects of an overdose are then linked to
treatment programs or other appropriate services;
d. Officer prevention strategies, such as the Law Enforcement Assisted Diversion
(LEAD) model;
e. Officer intervention strategies such as the Leon County, Florida Adult Civil
Citation Network or the Chicago Westside Narcotics Diversion to Treatment
Initiative;
f. Co -responder and/or alternative responder models to address OUD-related 911
calls with greater SUD expertise and to reduce perceived barriers associated with
law enforcement 911 responses; or
g. County prosecution diversion programs, including diversion officer salary, only
for counties with a population of 50,000 or less. Any diversion services in matters
involving opioids must include drug testing, monitoring, or treatment.
2. Support pre-trial services that connect individuals with OUD and any co-occurring
SUD/MH conditions, co -usage, and/or co -addiction to evidence -informed treatment,
including MAT, and related services.
3. Support treatment and recovery courts for persons with OUD and any co-occurring
SUD/MH conditions, co -usage, and/or co -addiction, but only if these courts provide
referrals to evidence -informed treatment, including MAT.
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4. Provide evidence -informed treatment, including MAT, recovery support, or other
appropriate services to individuals with OUD and any co-occurring SUD/MH
conditions, co -usage, and/or co -addiction who are incarcerated in jail or prison.
5. Provide evidence -informed treatment, including MAT, recovery support, or other
appropriate services to individuals with OUD and any co-occurring SUD/MH
conditions, co -usage, and/or co -addiction who are leaving jail or prison have recently
left jail or prison, are on probation or parole, are under community corrections
supervision, or are in re-entry programs or facilities.
6. Support critical time interventions (CTI), particularly for individuals living with dual -
diagnosis OUD/serious mental illness, and services for individuals who face
immediate risks and service needs and risks upon release from correctional settings.
7. Provide training on best practices for addressing the needs of criminal -justice -
involved persons with OUD and any co-occurring SUD/MH conditions, co -usage,
and/or co -addiction to law enforcement, correctional, or judicial personnel or to
providers of treatment, recovery, case management, or other services offered in
connection with any of the strategies described in this section.
E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND
THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE
SYNDROME
Address the needs of pregnant or parenting women with OUD and any co-occurring
SUD/MH conditions, co -usage, and/or co -addiction, and the needs of their families, including
babies with neonatal abstinence syndrome, through evidence -based, evidence -informed, or
promising programs or strategies that may include, but are not limited to, the following:
1. Support evidence -based, evidence -informed, or promising treatment, including MAT,
recovery services and supports, and prevention services for pregnant women — or
women who could become pregnant — who have OUD and any co-occurring SUD/MH
conditions, co -usage, and/or co -addiction, and other measures to educate and provide
support to families affected by Neonatal Abstinence Syndrome.
2. Provide training for obstetricians or other healthcare personnel that work with
pregnant women and their families regarding treatment of OUD and any co-occurring
SUD/MH conditions, co -usage, and/or co -addiction.
3. Provide training to health care providers who work with pregnant or parenting women
on best practices for compliance with federal requirements that children born with
Neonatal Abstinence Syndrome get referred to appropriate services and receive a plan
of safe care.
4. Provide enhanced support for children and family members suffering trauma as a
result of addiction in the family; and offer trauma -informed behavioral health
treatment for adverse childhood events.
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5. Offer enhanced family supports and home -based wrap -around services to persons with
OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction,
including but not limited to parent skills training.
6. Support for Children's Services — Fund additional positions and services, including
supportive housing and other residential services, relating to children being removed
from the home and/or placed in foster care due to custodial opioid use.
PART TWO: PREVENTION
F. PREVENT OVER -PRESCRIBING AND ENSURE APPROPRIATE
PRESCRIBING AND DISPENSING OF OPIOIDS
Support efforts to prevent over -prescribing and ensure appropriate prescribing and dispensing
of opioids through evidence -based, evidence -informed, or promising programs or strategies
that may include, but are not limited to, the following:
1. Training for health care providers regarding safe and responsible opioid prescribing,
dosing, and tapering patients off opioids.
2. Academic counter -detailing to educate prescribers on appropriate opioid prescribing.
3. Continuing Medical Education (CME) on appropriate prescribing of opioids.
4. Support for non-opioid pain treatment alternatives, including training providers to
offer or refer to multi -modal, evidence -informed treatment of pain.
5. Support enhancements or improvements to Prescription Drug Monitoring Programs
(PDMPs), including but not limited to improvements that:
a. Increase the number of prescribers using PDMPs;
b. Improve point -of -care decision -making by increasing the quantity, quality, or
format of data available to prescribers using PDMPs or by improving the
interface that prescribers use to access PDMP data, or both; or
c. Enable states to use PDMP data in support of surveillance or intervention
strategies, including MAT referrals and follow-up for individuals identified
within PDMP data as likely to experience OUD.
6. Development and implementation of a national PDMP — Fund development of a
multistate/national PDMP that permits information sharing while providing
appropriate safeguards on sharing of private health information, including but not
limited to:
a. Integration of PDMP data with electronic health records, overdose episodes,
and decision support tools for health care providers relating to OUD.
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b. Ensuring PDMPs incorporate available overdose/naloxone deployment data,
including the United States Department of Transportation's Emergency
Medical Technician overdose database.
7. Increase electronic prescribing to prevent diversion or forgery.
8. Educate Dispensers on appropriate opioid dispensing.
G. PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence -based, evidence -
informed, or promising programs or strategies that may include, but are not limited to, the
following:
1. Corrective advertising or affirmative public education campaigns based on evidence
2. Public education relating to drug disposal.
3. Drug take -back disposal or destruction programs.
4. Fund community anti -drug coalitions that engage in drug prevention efforts.
5. Support community coalitions in implementing evidence -informed prevention, such
as reduced social access and physical access, stigma reduction — including staffing,
educational campaigns, support for people in treatment or recovery, or training of
coalitions in evidence -informed implementation, including the Strategic Prevention
Framework developed by the U.S. Substance Abuse and Mental Health Services
Administration (SAMHSA).
6. Engage non -profits and faith -based communities as systems to support prevention.
7. Support evidence -informed school and community education programs and
campaigns for students, families, school employees, school athletic programs, parent -
teacher and student associations, and others.
8. School -based or youth -focused programs or strategies that have demonstrated
effectiveness in preventing drug misuse and seem likely to be effective in preventing
the uptake and use of opioids.
9. Support community -based education or intervention services for families, youth, and
adolescents at risk for OUD and any co-occurring SUD/MH conditions, co -usage,
and/or co -addiction.
10. Support evidence -informed programs or curricula to address mental health needs of
young people who may be at risk of misusing opioids or other drugs, including
emotional modulation and resilience skills.
11. Support greater access to mental health services and supports for young people,
including services and supports provided by school nurses or other school staff, to
N.
Packet Pg. 56
2.1.b
address mental health needs in young people that (when not properly addressed)
increase the risk of opioid or other drug misuse.
H. PREVENT OVERDOSE DEATHS AND OTHER HARMS
Support efforts to prevent or reduce overdose deaths or other opioid-related harms through
evidence -based, evidence -informed, or promising programs or strategies that may include,
but are not limited to, the following:
1. Increase availability and distribution of naloxone and other drugs that treat overdoses
for first responders, overdose patients, opioid users, families and friends of opioid
users, schools, community navigators and outreach workers, drug offenders upon
release from jail/prison, or other members of the general public.
2. Provision by public health entities of free naloxone to anyone in the community,
including but not limited to provision of intra-nasal naloxone in settings where other
options are not available or allowed.
3. Training and education regarding naloxone and other drugs that treat overdoses for
first responders, overdose patients, patients taking opioids, families, schools, and
other members of the general public.
4. Enable school nurses and other school staff to respond to opioid overdoses, and
provide them with naloxone, training, and support.
5. Expand, improve, or develop data tracking software and applications for
overdoses/naloxone revivals.
6. Public education relating to emergency responses to overdoses.
7. Public education relating to immunity and Good Samaritan laws.
8. Educate first responders regarding the existence and operation of immunity and Good
Samaritan laws.
9. Expand access to testing and treatment for infectious diseases such as HIV and
Hepatitis C resulting from intravenous opioid use.
10. Support mobile units that offer or provide referrals to treatment, recovery supports,
health care, or other appropriate services to persons that use opioids or persons with
OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction.
11. Provide training in treatment and recovery strategies to health care providers,
students, peer recovery coaches, recovery outreach specialists, or other professionals
that provide care to persons who use opioids or persons with OUD and any co-
occurring SUD/MH conditions, co -usage, and/or co -addiction.
12. Support screening for fentanyl in routine clinical toxicology testing.
9
Packet Pg. 57
2.1.b
PART THREE: OTHER STRATEGIES
I. FIRST RESPONDERS
In addition to items C8, D1 through D7, H1, H3, and H8, support the following:
1. Current and future law enforcement expenditures relating to the opioid epidemic.
2. Educate law enforcement or other first responders regarding appropriate practices and
precautions when dealing with fentanyl or other drugs.
J. LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, and coordination to abate the opioid epidemic
through activities, programs, or strategies that may include, but are not limited to, the
following:
1. Community regional planning to identify goals for reducing harms related to the
opioid epidemic, to identify areas and populations with the greatest needs for
treatment intervention services, or to support other strategies to abate the opioid
epidemic described in this opioid abatement strategy list.
2. A government dashboard to track key opioid-related indicators and supports as
identified through collaborative community processes.
3. Invest in infrastructure or staffing at government or not -for -profit agencies to support
collaborative, cross -system coordination with the purpose of preventing
overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any
co-occurring SUD/MH conditions, co -usage, and/or co -addiction, supporting them in
treatment or recovery, connecting them to care, or implementing other strategies to
abate the opioid epidemic described in this opioid abatement strategy list.
4. Provide resources to staff government oversight and management of opioid abatement
programs.
K. TRAINING
In addition to the training referred to in various items above, support training to abate the
opioid epidemic through activities, programs, or strategies that may include, but are not
limited to, the following:
1. Provide funding for staff training or networking programs and services to improve the
capability of government, community, and not -for -profit entities to abate the opioid
crisis.
2. Invest in infrastructure and staffing for collaborative cross -system coordination to
prevent opioid misuse, prevent overdoses, and treat those with OUD and any co-
occurring SUD/MH conditions, co -usage, and/or co -addiction, or implement other
10
Packet Pg. 58
2.1.b
strategies to abate the opioid epidemic described in this opioid abatement strategy list
(e.g., health care, primary care, pharmacies, PDMPs, etc.).
L. RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:
1. Monitoring, surveillance, and evaluation of programs and strategies described in this
opioid abatement strategy list.
2. Research non-opioid treatment of chronic pain.
3. Research on improved service delivery for modalities such as SBIRT that demonstrate
promising but mixed results in populations vulnerable to opioid use disorders.
4. Research on innovative supply-side enforcement efforts such as improved detection of
mail -based delivery of synthetic opioids.
5. Expanded research on swift/certain/fair models to reduce and deter opioid misuse
within criminal justice populations that build upon promising approaches used to
address other substances (e.g. Hawaii HOPE and Dakota 24/7).
6. Research on expanded modalities such as prescription methadone that can expand
access to MAT.
Packet Pg. 59
EXHIBIT B
Local
County Government
% Allocation
w
m
Adams County
0
ME
Adams County
0.1638732475%
t
Hatton
a
Lind
L
Othello
Ritzville
Washtucna
3
M
County Total:
0.1638732475
'o
Asotin County
0.
p
Asotin County
0.4694498386%
Asotin
c
u_
Clarkston
4-
0
County Total:
0.4694498386%
c
0
Benton County
0
Benton County
1.4848831892%
Q
Benton City
a�
Kennewick
0.5415650564%
`m
Prosser
0
Richland
0.4756779517%
West Richland
0.0459360490%
E
County Total:
i
_2.5480622463%
a�
a
Chelan County
0
Chelan County
0.7434914485%
M
Cashmere
0
Chelan
Q
m
Entiat
Leavenworth
_
_
Cn
a
Wenatchee
0.2968333494%
County Total:
1.0403247979 %
_
c
m
Clallam County
Clallam County
1.3076983401%
Forks
Q
Port Angeles
0.4598370527%
c
Sequim
c
County Total:
1.7675353928%
Q
c
m
E
t
0
.r
Q
*** - Local Government appears in multiple counties B-1
Packet Pg. 60
EXHIBIT B
Local
County Government
% Allocation
w
m
Clark County
0
ME
Clark County
4.5149775326%
M
Battle Ground
0.1384729857%
a
Camas
0.2691592724%
E
d
L
La Center
Ridgefield
Vancouver
1.7306605325%
3
Washougal
0.1279328220%
Woodland***
.0
Yacolt
County Total: 6.7812031452
Columbia County
Columbia County 0.0561699537%
Dayton
Starbuck
County Total:
0.0561699537%
Q
a�
c
Cowlitz County
Cowlitz County
1.7226945990%
0
Castle Rock
Kalama
E
E
Kelso
0.1331145270%
d
L
Longview
0.6162736905 %
Q
Woodland***
c
County Total:
2.4720828165
0
Douglas County
Q
m
Douglas County
0.3932175175%
Bridgeport
Cn
a
Coulee Dam***
East Wenatchee
0.0799810865%
_
Mansfield
m
Rock Island
m
Waterville
_
i
a�
County Total:
0.4731986040%
<
0
Ferry County
0
Ferry County
0.1153487994%
Q
Republic
County Total:
0.1153487994%
c
t
.r
Q
*** - Local Government appears in multiple counties B-2
Packet Pg. 61
EXHIBIT B
2.1.b
Local
County Government
Franklin County
Franklin County
Connell
Kahlotus
Pasco
Allocation
0.3361237144%
0.4278056066%
County Total: 0.7639293210%
Garfield County
Garfield County 0.0321982209%
Pomeroy
County Total: 0.0321982209
Grant County
Grant County 0.9932572167%
Coulee City
Coulee Dam***
Electric City
Ephrata
George
Grand Coulee
Hartline
Krupp
Mattawa
Moses Lake 0.2078293909%
Quincy
Royal City
Soap Lake
Warden
Wilson Creek
County Total: 1.2010866076%
Q
*** - Local Government appears in multiple counties B-3
Packet Pg. 62
EXHIBIT B
2.1.b
Local
County Government % Allocation
Grays Harbor County
Grays Harbor County 0.9992429138%
Aberdeen 0.2491525333
Cosmopolis
Elma
Hoquiam
McCleary
Montesano
Oakville
Ocean Shores
Westport
County Total: 1.2483954471
Island County
Island County 0.6820422610%
Coupeville
I analau
Oak Harbor 0.2511550431%
County Total: 0.9331973041%
Jefferson County
Jefferson County 0.4417137380%
Port Townsend
County Total: 0.4417137380%
Q
*** - Local Government appears in multiple counties B-4
Packet Pg. 63
EXHIBIT B
Local
County Government
% Allocation
w
m
Kind County
0
ME
King County
13.9743722662%
M
Algona
a
Auburn***
0.2622774917%
E
d
L
Beaux Arts Village
Bellevue
1.1300592573
Black Diamond
3
M
Bothell***
0.1821602716%
Burien
0.0270962921%
o
Carnation
Q'
O
Clyde Hill
Covington
0.0118134406%
LL
Des Moines
0.1179764526%
—
Duvall
0
Enumclaw***
0.0537768326%
M
Federal Way
0.3061452240%
Hunts Point
Q
Issaquah
0.1876240107%
a�
Kenmore
0.0204441024%
`m
Kent
0.5377397676%
0
Kirkland
0.5453525246%
Lake Forest Park
0.0525439124%
E
Maple Valley
0.0093761587%
i
Medina
a
Mercer Island
0.1751797481%
c
Milton***
c
Newcastle
0.0033117880%
Normandy Park
Q
m
North Bend
Pacific***
Cn
a
Redmond
0.4839486007%
Renton
0.7652626920%
_
Sammamish
0.0224369090%
SeaTac
0.1481551278%
m
Seattle
6.6032403816%
Shoreline
0.0435834501%
Skykomish
o
Snoqualmie
0.0649164481%
c
Tukwila
0.3032205739%
Q
Woodinville
0.0185516364%
Yarrow Point
E
County Total:
26.0505653608%
Q
*** - Local Government appears in multiple counties B-5
Packet Pg. 64
EXHIBIT B
Local
County Government
% Allocation
w
m
Kitsap County
0
M
E
Kitsap County
2.6294133668%
M
Bainbridge Island
0.1364686014%
a
Bremerton
0.6193374389%
d
Port Orchard
0.1009497162%
Poulsbo
0.0773748246%
County Total:
3.5635439479%
3
M
_
Kittitas County
o
Kittitas County
0.3855704683%
0.
p
Cle Elum
Ellensburg
0.0955824915%
Kittitas
'-
0
Roslyn
_
r-
o
South Cle Elum
M
County Total:
0.4811529598%
Q
Klickitat County
a�
5 .0
Klickitat County
0.2211673457%
Bingen
0
Goldendale
White Salmon
_
E
County Total:
0.2211673457%
i
a�
a
Lewis County
0
Lewis County
1.0777377479%
M
Centralia
0.1909990353%
Chehalis
a
m
Morton
0
Mossyrock
Cn
a
Napavine
Pe Ell
=
Toledo
m
Vader
_
Winlock
_
i
a�
County Total:
1.2687367832%
<
0
0
0
Q
c
m
E
0
a
*** - Local Government appears in multiple counties B-6
Packet Pg. 65
EXHIBIT B
Local
County Government % Allocation
Lincoln Countyly
E
Lincoln County
0.1712669645%
Almira
a
Creston
L
Davenport
'
Harrington
3
Odessa
c�
Reardan
Sprague
o
Wilbur
O
County Total:
0.1712669645
c
°
u_
Mason County
c
Mason County
0.8089918012%
c
Shelton
0.1239179888%
County Total:
0.9329097900%
Q
Okanogan County
a�
Okanogan County
0.6145043345%
Brewster
°
O
Conconully
Coulee Dam***
E
Elmer City
i
Nespelem
Q
Okanogan
c
Omak
c
Oroville
°
Pateros
Q
m
Riverside
Tonasket
Cn
a
Twisp
Winthrop
=
County Total:
0.6145043345
E
Pacific County
m
L
�
Pacific County
0.4895416466%
<
Ilwaco
°
Long Beach
c
Raymond
Q
South Bend
County Total:
0.4895416466%
E
t
°
.r
Q
*** - Local Government appears in multiple counties B-7
Packet Pg. 66
2.1.b
Local
County Government % Allocation
Pend Oreille County
Pend Oreille County 0.2566374940%
Cusick
Metaline
Metaline Falls
County Total: 0.2566374940%
Pierce County
Pierce County 7.2310164020%
Auburn*** 0.0628522112%
Bonney Lake
0.1190773864%
Buckley
Carbonado
DuPont
Eatonville
Edgewood
0.0048016791%
Enumclaw***
0.0000000000
Fife
0.1955185481
Fircrest
Gig Harbor
0.0859963345%
Lakewood
0.5253640894%
Milton***
Orting
Pacific***
Puyallup
0.3845704814%
Roy
Ruston
South Prairie
Steilacoom
Sumner
0.1083157569%
Tacoma
3.2816374617%
University Place
Wilkeson
0.0353733363%
County Total: 12.0345236870%
San Juan County
San Juan County 0.2101495171%
Friday Harbor
County Total: 0.2101495171%
Q
*** - Local Government appears in multiple counties B-8
Packet Pg. 67
EXHIBIT B
Local
County Government % Allocation w
m
0
M
Skagit County r-
Burlington
0.1146861661%
Concrete
Hamilton
La Conner
Lyman
Mount Vernon
0.2801063665%
Sedro-Woolley
0.0661146351%
County Total:
1.6910058544%
Skamania County
Skamania County
0.1631931925%
North Bonneville
Stevenson
County Total: 0.1631931925%
Snohomish County
Snohomish County 6.9054415622%
Arlington 0.2620524080%
Bothell*** 0.2654558588%
Brier
d
L
Darrington
Q
Edmonds
0.3058936009%
c
Everett
1.9258363241 %
c
Gold Bar
°
Granite Falls
Q
m
Index
Lake Stevens
0.1385202891%
Cn
a
Lynnwood
0.7704629214%
Marysville
0.3945067827%
_
Mill Creek
0.1227939546%
Monroe
0.1771621898%
m
Mountlake Terrace
0.2108935805%
Mukilteo
0.2561790702%
Snohomish
0.0861097964%
Stanwood
c
Sultan
_
Q
Woodway
County Total:
11.8213083387%
c
E
t
°
.r
Q
*** - Local Government appears in multiple counties B-9
Packet Pg. 68
EXHIBIT B
Local
County Government % Allocation
Spokane Count
Spokane County
5.5623859292%
Airway Heights
Cheney
0.1238454349
Deer Park
Fairfield
Latah
Liberty Lake
0.0389636519%
Medical Lake
Millwood
Rockford
Spangle
Spokane
3.0872078287%
Spokane Valley
0.0684217500%
Waverly
County Total:
8.8808245947
Stevens County
Stevens County
0.7479240179%
Chewelah
Colville
Kettle Falls
Marcus
Northport
Springdale
County Total:
0.7479240179
Thurston County
Thurston County
2.3258492094%
Bucoda
Lacey
0.2348627221%
Olympia
0.6039423385%
Rainier
Tenino
Tumwater
0.2065982350%
Yelm
County Total:
3.3712525050%
Wahkiakum County
Wahkiakum County
0.0596582197%
Cathlamet
County Total: 0.0596582197%
*** - Local Government appears in multiple counties B-10
Packet Pg. 69
EXHIBIT B
Local
County Government
% Allocation
w
m
Walla Walla County
0
ME
Walla Walla County
0.5543870294%
t
College Place
a
Prescott
- -
w
L
Waitsburg
Walla Walla
0.3140768654%
County Total:
0.8684638948%
3
M
_
Whatcom County
o
Whatcom County
1.3452637306%
0.
p
Bellingham
0.8978614577%
Blaine
u_
Everson
—
Ferndale
0.0646101891%
c
Lynden
0.0827115612%
M
Nooksack
°
Sumas
Q
County Total:
2.3904469386%
a�
m
Whitman County
°
Whitman County
0.2626805837%
Albion
E
E
Colfax
Colton
a
Endicott
0
Farmington
M
Garfield
°
LaCrosse
Q
m
Lamont
Malden
Cn
a
Oakesdale
Palouse
=
Pullman
0.2214837491%
Rosalia
St. John
Tekoa
Q
Uniontown
c
°
County Total:
0.4841643328%
c
Q
c
m
E
Q
*** - Local Government appears in multiple counties B-11
Packet Pg. 70
EXHIBIT B
Local
County Government
% Allocation
w
m
Yakima County
0
ME
Yakima County
1.9388392959%
M
Grandview
0.0530606109%
a
Granger
i
Harrah
'
Mabton
Moxee
3
M
Naches
Selah
o
Sunnyside
0.1213478384%
p
Tieton
Toppenish
Union Gap
c
Wapato
r-
0
Yakima
0.6060410539 %
M
Zillah
c
County Total:
2.7192887991%
Q
Q
*** - Local Government appears in multiple counties B-12
Packet Pg. 71
2.1.b
Exhibit C
a
Packet Pg. 72
2.1.b
KING COUNTY REGIONAL AGREEMENT
King County intends to explore coordination with its cities and towns to facilitate a Regional
Agreement for Opioid Fund allocation. Should some cities and towns choose not to participate in
a Regional Agreement, this shall not preclude coordinated allocation for programs and services
between the County and those cities and towns who elect to pursue a Regional Agreement. As
contemplated in C.5 of the MOU, any Regional Agreement shall comply with the terms of the
MOU and any Settlement. If no Regional Agreement is achieved, the default methodology for
allocation in CA of the MOU shall apply.
Packet Pg. 73
2.1.c
EXHIBIT K
Subdivision and Special District Settlement Participation Form
Governmental Entity:
State:
Authorized Signatory:
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 Agreement dated
November 22, 2022 ("Allergan Settlement"), and acting through the undersigned authorized official,
hereby elects to participate in the Allergan Settlement, release all Released Claims against all Released
Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Allergan Settlement, understands
that all terms in this Election and Release have the meanings defined therein, and agrees that
by this Election, the Governmental Entity elects to participate in the Allergan Settlement as
provided therein.
2. Following the execution of this Settlement Participation Form, the Governmental Entity shall
comply with Section III.B of the Allergan Settlement regarding Cessation of Litigation
Activities.
3. The Governmental Entity shall, within fourteen (14) days of the Reference Date and prior to
the filing of the Consent Judgment, file a request to dismiss with prejudice any Released
Claims that it has riled. With respect to any Released Claims pending in In re National
Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the MDL
Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal With Prejudice substantially in the form found at
hLtps://nationalopioidsettlement.com.
4. The Governmental Entity agrees to the terms of the Allergan Settlement pertaining to
Subdivisions and Special Districts as defined therein.
By agreeing to the terms of the Allergan Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
6. The Governmental Entity agrees to use any monies it receives through the Allergan Settlement
solely for the purposes provided therein.
MMQ
roil Packet Pg. 74
2.1.c
7. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's
state where the Consent Judgment is filed for purposes limited to that court's role as provided
in, and for resolving disputes to the extent provided in, the Allergan Settlement.
8. The Governmental Entity has the right to enforce the Allergan Settlement as provided therein.
9. The Governmental Entity, as a Participating Subdivision or Participating Special District,
hereby becomes a Releasor for all purposes in the Allergan Settlement, including, but not
limited to, all provisions of Section V (Release), and along with all departments, agencies,
divisions, boards, commissions, Subdivisions, districts, instrumentalities of any kind and
attorneys, and any person in their 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, 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 in
bringing, 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 Allergan Settlement are intended 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 Allergan 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 or Participating Special District as set forth in the Allergan Settlement.
11. In connection with the releases provided for in the Allergan 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 that, if known by him or her, would have
materially affected his or her settlement with the debtor or released parry.
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 Effective Date, 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 Allergan Settlement.
12. Nothing herein is intended to modify in any way the terms of the Allergan Settlement, to
which the Governmental Entity hereby agrees. To the extent this Settlement Participation
Form is interpreted differently from the Allergan Settlement in any respect, the Allergan
Settlement controls.
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2.1.c
I have all necessary power and authorization to execute this Settlement Participation Form on behalf
of the Governmental Entity.
Signature:
Name:
Title:
Date:
ffl!ux,0 a
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Packet Pg. 76
2.1.d
EXHIBIT K
Subdivision Participation and Release Form
Governmental Entity:
State:
Authorized Signatory:
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 December 9, 2022 ("CVS Settlement"), and acting through the undersigned authorized
official, hereby elects to participate in the CVS Settlement, release all Released Claims against all
Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the CVS Settlement, understands that all
terms in this Participation and Release Form have the meanings defined therein, and agrees that
by executing this Participation and Release Form, the Governmental Entity elects to participate
in the CVS Settlement and become a Participating Subdivision as provided therein.
2. The Governmental Entity shall promptly, and in any event no later than 14 days after the
Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any
Released Claims that it has filed. With respect to any Released Claims pending in In re
National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes
the Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal with Prejudice substantially in the form found at
fts://nationalopioidsettlement.com.
3. The Governmental Entity agrees to the terms of the CVS Settlement pertaining to Participating
Subdivisions as defined therein.
4. By agreeing to the terms of the CVS Settlement and becoming a Releasor, the Governmental
Entity is entitled to the benefits provided therein, including, if applicable, monetary payments
beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the CVS Settlement
solely for the purposes provided therein.
MM
roil Packet Pg. 77
2.1.d
6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's
state where the Consent Judgment is filed for purposes limited to that court's role as provided in,
and for resolving disputes to the extent provided in, the CVS 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 CVS Settlement.
7. The Governmental Entity has the right to enforce the CVS Settlement as provided therein.
The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all
purposes in the CVS Settlement, including without limitation all provisions of Section XI
(Release), 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 CVS Settlement are intended by the 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 CVS Settlement shall be a complete
bar to any Released Claim.
9. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the CVS Settlement.
10. In connection with the releases provided for in the CVS 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 that, if known by him or her would
have materially affected his or her settlement with the debtor or released
parry.
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
Effective Date, 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 CVS Settlement.
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11. Nothing herein is intended to modify in any way the terms of the CVS Settlement, to which
Governmental Entity hereby agrees. To the extent this Participation and Release Form is
interpreted differently from the CVS Settlement in any respect, the CVS Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form on
behalf of the Governmental Entity.
Signature:
Name:
Title:
Date:
0 '0
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2.1.e
Exhibit K
Subdivision and Special District Settlement Participation Form
Governmental Entity:
State:
Authorized Signatory:
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 Agreement
dated November 22, 2022 ("Teva Settlement"), and acting through the undersigned authorized
official, hereby elects to participate in the Teva Settlement, release all Released Claims against all
Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Teva Settlement, understands that
all terms in this Election and Release have the meanings defined therein, and agrees that by
this Election, the Governmental Entity elects to participate in the Teva Settlement as provided
therein.
2. Following the execution of this Settlement Participation Form, the Governmental Entity shall
comply with Section I11.13 of the Teva Settlement regarding Cessation of Litigation Activities.
3. The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of
the Consent Judgment, file a request to dismiss with prejudice any Released Claims that it has
filed. With respect to any Released Claims pending in In re National Prescription Opiate
Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs' Executive
Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal
With Prejudice substantially in the form found at htips://nationalopioidsettlement.com.
4. The Governmental Entity agrees to the terms of the Teva Settlement pertaining to
Subdivisions as defined therein.
5. By agreeing to the terms of the Teva Settlement and becoming a Releasor, the Governmental
Entity is entitled to the benefits provided therein, including, if applicable, monetary payments
beginning after the Effective Date.
6. The Governmental Entity agrees to use any monies it receives through the Teva Settlement
solely for the purposes provided therein.
7. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's
state where the Consent Judgment is filed for purposes limited to that court's role as provided
in, and for resolving disputes to the extent provided in, the Teva Settlement.
MM�
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2.1.e
8. The Governmental Entity has the right to enforce the Teva Settlement as provided therein.
9. The Governmental Entity, as a Participating Subdivision or Participating Special District,
hereby becomes a Releasor for all purposes in the Teva Settlement, including but not limited
to all provisions of Section V (Release), 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 Teva
Settlement are intended by Released Entitles and the Governmental Entity 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 Teva 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 or Participating Special District as set forth in the Teva Settlement.
11. In connection with the releases provided for in the Teva 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 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 Effective Date, 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 Teva Settlement.
12. Nothing herein is intended to modify in any way the terms of the Teva Settlement, to which
Governmental Entity hereby agrees. To the extent this Election and Release is interpreted
differently from the Teva Settlement in any respect, the Teva Settlement controls.
2 rilpr
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Packet Pg. 81
2.1.e
I have all necessary power and authorization to execute this Election and Release on behalf of the
Governmental Entity.
Signature:
Name:
Title:
Date:
0 ,0 -
011�,
Packet Pg. 82
2.1.f
EXHIBIT K
Subdivision Participation and Release Form
Governmental Entity:
State:
Authorized Signatory:
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 December 9, 2022 ("Walgreens Settlement"), and acting through the undersigned
authorized official, hereby elects to participate in the Walgreens Settlement, release all Released
Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Walgreens Settlement, understands
that all terms in this Participation and Release Form have the meanings defined therein, and
agrees that by executing this Participation and Release Form, the Governmental Entity elects to
participate in the Walgreens Settlement and become a Participating Subdivision as provided
therein.
2. The Governmental Entity shall promptly, and in any event no later than 14 days after the
Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any
Released Claims that it has filed. With respect to any Released Claims pending in In re
National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes
the Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal with Prejudice substantially in the form found at
btips://nationalopioidsettlement.com.
3. The Governmental Entity agrees to the terms of the Walgreens Settlement pertaining to
Participating Subdivisions as defined therein.
4. By agreeing to the terms of the Walgreens Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Walgreens
Settlement solely for the purposes provided therein.
MM
roil Packet Pg. 83
2.1.f
6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's
state where the Consent Judgment is filed for purposes limited to that court's role as provided in,
and for resolving disputes to the extent provided in, the Walgreens 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 Walgreens
Settlement.
7. The Governmental Entity has the right to enforce the Walgreens Settlement as provided therein.
The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all
purposes in the Walgreens Settlement, including without limitation all provisions of Section XI
(Release), 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 Walgreens Settlement are intended by the 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 Walgreens Settlement shall be a
complete bar to any Released Claim.
9. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Walgreens Settlement.
10. In connection with the releases provided for in the Walgreens 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 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 Effective Date, 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 Walgreens Settlement.
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11. Nothing herein is intended to modify in any way the terms of the Walgreens Settlement, to
which Governmental Entity hereby agrees. To the extent this Participation and Release Form
is interpreted differently from the Walgreens Settlement in any respect, the Walgreens
Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form on
behalf of the Governmental Entity.
Signature:
Name:
Title:
Date:
0 '0
Packet Pg. 85
2.1.g
EXHIBIT K
Subdivision 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 November 14, 2022 ("Walmart Settlement"), and acting through the undersigned
authorized official, hereby elects to participate in the Walmart Settlement, release all Released Claims
against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Walmart Settlement, understands
that all terms in this Election and Release have the meanings defined therein, and agrees that
by this Election, the Governmental Entity elects to participate in the Walmart Settlement and
become a Participating Subdivision as provided therein.
2. The Governmental Entity shall promptly, and in any event within 14 days of the Effective
Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released
Claims that it has filed. With respect to any Released Claims pending in In re National
Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the
Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal With Prejudice substantially in the form found at
bSVs://nationalopioidsettlement.com/.
3. The Governmental Entity agrees to the terms of the Walmart Settlement pertaining to
Subdivisions as defined therein.
4. By agreeing to the terms of the Walmart Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Walmart
Settlement solely for the purposes provided therein.
MM
roil Packet Pg. 86
2.1.g
6. The Governmental Entity submits to the jurisdiction of the court in the Governmental
Entity's state where the Consent Judgment is filed for purposes limited to that court's role
as provided in, and for resolving disputes to the extent provided in, the Walmart
Settlement.
7. The Governmental Entity has the right to enforce the Walmart Settlement as provided
therein.
The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all
purposes in the Walmart Settlement, including but not limited to all provisions of Section X
(Release), 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 Walmart Settlement are intended by
the 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 Walmart
Settlement shall be a complete bar to any Released Claim.
9. In connection with the releases provided for in the Walmart 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 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 Effective Date, 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 Walmart Settlement.
10. Nothing herein is intended to modify in any way the terms of the Walmart Settlement, to
which Governmental Entity hereby agrees. To the extent this Election and Release is
interpreted differently from the Walmart Settlement in any respect, the Walmart Settlement
controls.
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I have all necessary power and authorization to execute this Election and Release on behalf of the
Governmental Entity.
Signature:
Name:
Title:
Date:
0 '0
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2.2
City Council Agenda Item
Meeting Date: 04/13/2023
Park Maintenance Worker Job Description Update
Staff Lead: Angie Feser, Parks, Recreation & Human Services Director
Department: Parks, Recreation & Human Services
Preparer: Angie Feser
Background/History
With the upcoming recruitment and hiring of new Park Maintenance Worker employees and a related
job description that was updated 10 years ago in 2013, this is a timely and relevant update. City Council
review and approval is required for substantial job description revisions.
The proposed updates are attached to this agenda item. The first attachment illustrates the proposed
revision through Track Changes format found in underlines, strike-throughs and text in color other than
black. The second attachment is a "clean" copy of the proposed updated job description in its final
format.
Staff Recommendation
Staff recommendation is for the Public Safety, Planning, Human Services & Personnel Committee to
forward to Council for consideration and approval on the next regular meeting Consent Agenda the
attached job description updates.
Attachments:
Parks Maintenance Worker REV 2023 redline
Parks Maintenance Worker REV 2023 clean
Packet Pg. 89
2.2.a
City of
EDMONDS
Washington
Parks Maintenance Worker
Department: Parks, Recreation & SuralHuman Pay Grade: I
Services
Bargaining Unit: Teamsters FLSA Status: Non -Exempt
Revised Date: jURe 2013April 2023 Reports To: Parks Maintenance Manager
POSITION PURPOSE: Under close supervision, cleans and maintains City parks, playgrounds, recreation facilities
and other locations; plants, sprays fertilize 3city grounds; installs and maintains turf, lawns, plants trees, shrubs,
Ip ants and landscaped areas; operates and maintains a variety of related equipment. Incumbents in the Parks
Maintenance Worker 4-classification perform a variety of routine grounds maintenance work for City parks and
facilities and assist with a variety of special projects as assigned. Incumbents in the Sr. Parks Maintenance Worker
install, repair and maintain City irrigation systems, aquatic facilities and serve as crew leaders as directed.
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.
• Performs a variety of grounds keep glandscape maintenance duties including: rakiR9 weeding trimming
treesplanting, pruning, fertilizing and cutting nremoving or transplanting trees-apA, shrubs; edges,
perennial and annual plants; raking, mulching and edging landscaped areas using weed-eatersa variety of
hand tools and ethermotorized equipment.
• Cleans and sanitizes park restrooms; picks up litter and empty trash receptacles for City grounds and parks
areas; blews sidewalk ^'ear efclears debris in hardscape areas; moves picnic tables and other furniture as
required; inspects and notifies appropriate personnel of safety hazards and repair needs.
• Performs landscaping and beautification activities around City buildings; maintains flower and landscape
beds and vegetation; pulls weeds and ensures proper watering and irrigation.
• Operates and maintains a variety of equipment and tools +ncinwhich may include, but not limited to
a backhoe, tractor, skid steer, two -man lift, dump truck, sod cutter, chipper, pruner, clipper and small
power tools.
• Assists On the ins+oilo+i nAssistw with-er-�Ae the design, repair, rep!acementtroubleshoot and Service
to turf installs irrigation systems.-
• Sprays I.,,,dSGaped areas with peSti,.ides and inseGtiGides as requireddrinking fountains in parks, medians
and right of ways.
• Assists in the operations and maintenance of the municipal pool and sprav pad: water chemistry
calculations; related record keeping and repairs to pool equipment and machinery.
• Implements integrated pest management techniques used to control weed, insect and disease problems.
• Implements a turf maintenance program including mowing, edging, and turf repair according to a routine
schedule using a variety of small to heavy mowing equipment.
Parks Maintenance Worker
ARe 20131-ast Reviewed 04/07/2023
Last Revi Packet Pg. 90
2.2.a
JOB DESCRIPTION
Parks Maintenance Worker
Page 2 of 5
• Maintains and prepares athletic fields for practice and game use.
• May assist in burial preparations at the Edmonds Memorial Cemetery.
• Performs minor and preventive maintenance and repair work on equipment and facilities; assists with other
maintenance work as assigned including painting and plumbing.
• Maintains routine records of work performed including: pesticide applications, equipment usage, preventive
maintenance and needed repairs.
Performs seasonal maintenance activities including: ice and snow removal, winterizing irrigation systems
and other projects.
Required Knowledge of:
• Methods, tools and materials used in cultivating and maintaining landscaped and related areas.
• Basic horticulture principles and grounds maintenance procedures including propagation, planting,
mowing, edging, r-ak+ngtrimming, structural pruning and weeding.
• Operation and maintenance of hand and power tools and equipment used in gYeundskeepin landscaping
• City and park rules and regulations.
• Q lthiatiRg fertilizing watering and spraying of flewero trees and shrubs.
• Integrative pest management practices and techniques.
• Proper methods of storing equipment, materials and supplies.
• Health and safety regulations.
• Oral and written communication skills.
• Turf and plant irrigation, water features and aquatic facility operations preferred.
Required Skill in:
• Performing a variety of maintenance work in the preparation and maintenance of park grounds, trees,
shrubs turf. landscape beds, hardscapes, and parks and recreation facilities.
• PerfA-rMiRg general gFGURd rnaiRteRaRGe duties inGludiRg mewing, edging and weediRg.-
Utilizing hand tools and equipment used in grounds inter ante ,. erl
•Operating light pewer and mechanical and motorized equipment used in the care and maintenance of trees,
shrubs and landscaped areas including loading and unloading and transport.
• Utilizing pesticides, sprays, and other ssmaterials in a safe and effective manner.
• Traffic control methods and techniaues.
• Understanding and following oral and written directions.
• Maintaining routine records.
• Observing health and safety regulations.
• Establishing and maintaining cooperative and effective working relationships with others.
• Communicating effectively in English.
MINIMUM QUALIFICATIONS:
Parks Maintenance Worker
U e 2013Last Reviewed 04/07/2023
Last Revi Packet Pg. 91
2.2.a
JOB DESCRIPTION
Parks Maintenance Worker
Education and Experience:
• High SGhoel DinlnmolGED GertifiGate ^r„d At least 18 years of age by time of hire.
Page 3 of 5
• At least one year of rp for experience inwith any of the following: landscape maintenance4hat
in^lu des responsibility f.,r ; irrigation; beautification activities including propagating, planting,
fertilizing, weeding, pruning and maintaining flowers and flower bedstrees, shrubs and plants,
lawn and turf, care; basic janitorial maintenance including restroom cleaning and removal of
garbage and loose trash.
• One-year prior experience operating Lrelated equipment and hand tools; OR an
• An equivalent combination of education, training and experience— which allows the incumbent to
successfully perform the essential functions of the position maV also be considered.
Required Licenses or Certifications:
• A Valid WA State of Washing*^" Driver's License and a five-year driving abstract acceptable to the CitV's
insurance requirements is required for any position that will drive for City business.
• Ability to obtain a Washington State Public Pesticide Applicators License within 1 yea years of date of
hire.
• CPR, First Aid, AED, and Bloodborne Pathogen Cards within years90 days of date of hire.
• Flagging Certification within 1 year of date of hire.
• Other specialty certifications/licenses as required by state and federal law and/or OSHA and WAC
regulations may be required within a specified period of time after hire.
• A criminal background check is required following a verbal offer of employment. Criminal history is not an
automatic employment disqualifier. Results are reviewed on a case -by -case basis.
• This is a CitV-identified non -DOT safety sensitive position.
• Mandatory drug test subject to conditional job offer.
WORKING CONDITIONS:
Environment:
• Indoor and outdoor work environment.
• Outdoor work includes varying weather conditions.
• Driving a vehicle to conduct work.
• Regular exposure to fumes, dust and odors.
• Noise from equipment operation.
Physical Abilities:
• Hear' ngConstantly seeing, hearing, speaking andor otherwise communicating to ^.,^han^^
peFSGR or enwith others.
• Frequently standing, walking, bending, kneeling, crouching, twisting at the phonewaist, reaching above
shoulders or otherwise positioning oneself to accomplish tasks.
• 9pergFrequent grasping and/or using fine finger manipulation to operate tools and equipment.
• Frequently performs repetitive sometimes strenuous motions.
Parks Maintenance Worker
Reviewed 04/07/2023
Last Revi Packet Pg. 92
2.2.a
JOB DESCRIPTION
Parks Maintenance Worker
Page 4 of 5
• Operating a City vehicle to conduct work.
• Occasionally operating a computer keyboard (typing) and other office equipment.
• Reading and i Rders+onding o variety of mo+oriole
• ci++in standing , ,ol"Occasionally sitting or otherwise nesi+iening GReself fer extended n eds of
#+q:�eremainina in a stationary position.
• L•f�mng/Occasionally lifting, carrying, pushing, pulling or otherwise moving or transporting up to 50 Ibs
• Reaching -overhead, oheye she l ders nrd herizen+olly.
• Bending, kneeling GF • Wearing proper personal proteGtive equipment as required by department or City PoliGy.
positioning oneself +o oneomnlish ptasks
• Occasionally ascending/descending ladders.
Hazards:
• Werking around and With s me+imes neisy oehinery having rneving parts
• Contact with potentially dissatisfied individuals.
• Noisy work areas.
• Exposure to ch�„Gal herbicides and other flower/plant chemicals and/or fumes and neStieid
• Werking at hePhysical contact with and exposure to flowers, plants and pollen and insects.
• Outside temperature extremes, direct sunlight.
Parks Maintenance Worker
une 2013Last Reviewed 04/07/2023
Last Revi Packet Pg. 93
2.2.a
JOB DESCRIPTION
Parks Maintenance Worker
Incumbent Signature:
Department Head:
Date:
Date:
Page 5 of 5
Parks Maintenance Worker
Reviewed 04/07/2023
Last Revi Packet Pg. 94
2.2.b
City of
EDMONDS
Washington
Parks Maintenance Worker
Department: Parks, Recreation & Human Services Pay Grade: I
Bargaining Unit: Teamsters FLSA Status: Non -Exempt
Revised Date: April 2023 Reports To: Parks Maintenance Manager
POSITION PURPOSE: Under supervision, cleans and maintains City parks, playgrounds, recreation facilities and
city grounds; installs and maintains turf, lawns, trees, shrubs, plants and landscaped areas; operates and maintains
a variety of related equipment. Incumbents in the Parks Maintenance Worker classification perform a variety of
routine grounds maintenance work for City parks and facilities and assist with a variety of special projects as
assigned. Incumbents in the Sr. Parks Maintenance Worker install, repair and maintain City irrigation systems,
aquatic facilities and serve as crew leaders as directed.
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.
• Performs a variety of landscape maintenance duties including: planting, pruning, fertilizing and removing or
transplanting trees, shrubs, perennial and annual plants; raking, mulching and edging landscaped areas
using a variety of hand tools and motorized equipment.
• Cleans and sanitizes park restrooms; picks up litter and empty trash receptacles for City grounds and parks
areas; clears debris in hardscape areas; moves picnic tables and other furniture as required; inspects and
notifies appropriate personnel of safety hazards and repair needs.
• Performs landscaping and beautification activities around City buildings; maintains flower and landscape
beds and vegetation; pulls weeds and ensures proper watering and irrigation.
• Operates and maintains a variety of equipment and tools which may include, but not limited to a
backhoe, tractor, skid steer, two -man lift, dump truck, sod cutter, chipper, pruner, clipper and small power
tools.
• Assist with the design, repair, troubleshoot and installs irrigation systems and drinking fountains in parks,
medians and right of ways.
• Assists in the operations and maintenance of the municipal pool and spray pad; water chemistry
calculations; related record keeping and repairs to pool equipment and machinery.
• Implements integrated pest management techniques used to control weed, insect and disease problems.
• Implements a turf maintenance program including mowing, edging, and turf repair according to a routine
schedule using a variety of small to heavy mowing equipment.
• Maintains and prepares athletic fields for practice and game use.
• May assist in burial preparations at the Edmonds Memorial Cemetery.
Parks Maintenance Worker Last Reviewed 04/07/2023
Last Revi Packet Pg. 95
2.2.b
JOB DESCRIPTION Page 2 of 4
Parks Maintenance Worker
• Performs minor and preventive maintenance and repair work on equipment and facilities; assists with other
maintenance work as assigned including painting and plumbing.
• Maintains routine records of work performed including pesticide applications, equipment usage, preventive
maintenance and needed repairs.
• Performs seasonal maintenance activities including ice and snow removal, winterizing irrigation systems
and other projects.
Required Knowledge of:
• Methods, tools and materials used in cultivating and maintaining landscaped and related areas.
• Basic horticulture principles and grounds maintenance procedures including propagation, planting,
mowing, edging, trimming, structural pruning and weeding.
• Operation and maintenance of hand and power tools and equipment used in landscaping.
• City and park rules and regulations.
• Integrative pest management practices and techniques.
• Proper methods of storing equipment, materials and supplies.
• Health and safety regulations.
• Oral and written communication skills.
• Turf and plant irrigation, water features and aquatic facility operations preferred.
Required Skill in:
• Performing a variety of maintenance work in the preparation and maintenance of park grounds, turf,
landscape beds, hardscapes, and parks and recreation facilities.
• Utilizing hand tools and mechanical and motorized equipment used in the care and maintenance of trees,
shrubs and landscaped areas including loading and unloading and transport.
• Utilizing pesticides, sprays, and other materials in a safe and effective manner.
• Traffic control methods and techniques.
• Understanding and following oral and written directions.
• Maintaining routine records.
• Observing health and safety regulations.
• Establishing and maintaining cooperative and effective working relationships with others.
• Communicating effectively in English.
MINIMUM QUALIFICATIONS:
Education and Experience:
• At least 18 years of age by time of hire.
• At least one year of prior experience with any of the following: landscape maintenance; irrigation;
beautification activities including propagating, planting, fertilizing, weeding, pruning and maintaining
trees, shrubs and plants, lawn and turf care; basic janitorial maintenance including restroom
cleaning and removal of garbage and loose trash.
• One-year prior experience operating job -related equipment and hand tools.
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Last Revi Packet Pg. 96
JOB DESCRIPTION
Parks Maintenance Worker
2.2.b
Page 3 of 4
• An equivalent combination of education, training and experience which allows the incumbent to
successfully perform the essential functions of the position may also be considered.
Required Licenses or Certifications:
• A Valid WA State Driver's License and a five-year driving abstract acceptable to the City's insurance
requirements is required for any position that will drive for City business.
• Ability to obtain a Washington State Public Pesticide Applicators License within 2 years of date of hire.
• CPR, First Aid, AED, and Bloodborne Pathogen Cards within 90 days of date of hire.
• Flagging Certification within 1 year of date of hire.
• Other specialty certifications/licenses as required by state and federal law and/or OSHA and WAC
regulations may be required within a specified period of time after hire.
• A criminal background check is required following a verbal offer of employment. Criminal history is not an
automatic employment disqualifier. Results are reviewed on a case -by -case basis.
• This is a City -identified non -DOT safety sensitive position.
• Mandatory drug test subject to conditional job offer.
WORKING CONDITIONS:
Environment:
• Indoor and outdoor work environment.
• Outdoor work includes varying weather conditions.
• Driving a vehicle to conduct work.
• Regular exposure to fumes, dust and odors.
• Noise from equipment operation.
Physical Abilities:
• Constantly seeing, hearing, speaking or otherwise communicating with others.
• Frequently standing, walking, bending, kneeling, crouching, twisting at the waist, reaching above
shoulders or otherwise positioning oneself to accomplish tasks.
• Frequent grasping and/or using fine finger manipulation to operate tools and equipment.
• Frequently performs repetitive sometimes strenuous motions.
• Operating a City vehicle to conduct work.
• Occasionally operating a computer keyboard (typing) and other office equipment.
• Occasionally sitting or otherwise remaining in a stationary position.
• Occasionally lifting, carrying, pushing, pulling or otherwise moving or transporting up to 50 lbs.
• Occasionally ascending/descending ladders.
Hazards:
• Contact with potentially dissatisfied individuals.
• Noisy work areas.
• Exposure to herbicides and other flower/plant chemicals and/or fumes.
Parks Maintenance Worker Last Reviewed 04/07/2023
Last Revi Packet Pg. 97
2.2.b
JOB DESCRIPTION
Parks Maintenance Worker
• Physical contact with and exposure to flowers, plants and pollen and insects.
• Outside temperature extremes, direct sunlight.
Incumbent Signature:
Department Head:
Date:
Date:
Page 4of4
Parks Maintenance Worker Last Reviewed 04/07/2023
Last Revi Packet Pg. 98
2.3
City Council Agenda Item
Meeting Date: 04/13/2023
Commander Benefit
Staff Lead: Police
Department: Police Services
Preparer: Alexandra Ehlert
Background/History
The Commander position does not have the benefit of the 4% deferred compensation contribution like
all other commissioned positions within the police department. We would like to rectify that so the
position has the same benefits as all other commissioned positions in the police department.
Staff Recommendation
We are asking that the 4% deferred compensation contribution benefit (DCP) be included on the
commander compensation schedule as a standard benefit so all individuals appointed to this position
will be eligible for the same benefit that all commissioned officers receive in the police department
including the chief and assistant chiefs.
Narrative
We are asking that the 4% deferred compensation contribution benefit (DCP) be included on the
commander compensation schedule as a standard benefit so all individuals appointed to this position
will be eligible for the same benefit that all commissioned officers receive in the police department
including the chief and assistant chiefs. From an internal equity perspective it is recommended that all
members of command staff receive the same 4% DCP. HR supports this as well.
Packet Pg. 99