HomeMy WebLinkAbout09-02-2025 Agenda * City Council
CITY OF Regular Meeting
AjJJ31JJj September 2, 2025 - 7:00 PM
City Hall Council Chambers
WASHINGTON
AGENDA
CALL TO ORDER
LAND ACKNOWLEDGEMENT
We would like to acknowledge the Federally Recognized Muckleshoot Indian Tribe, the ancestral keepers of the
land we are gathered on today. We thank them for their immense contributions to our state and local history,
culture, economy, and identity as Washingtonians.
PUBLIC PARTICIPATION
A. The Auburn City Council Meeting scheduled for Tuesday, September 2, 2025, at 7:00 p.m.
will be held in person and virtually.
Virtual Participation Link:
To view the meeting virtually please click the below link, or call into the meeting at the
phone number listed below. The link to the Virtual Meeting is:
https://www.voutube.com/user/watchauburn/live/?nomobile=1
To listen to the meeting by phone or Zoom, please call the number below or click the link:
Telephone: 253 215 8782
Toll Free: 877 853 5257
Zoom: https://us06web.zoom.us/i/86180934017
PLEDGE OF ALLEGIANCE
ROLL CALL
ANNOUNCEMENTS, MAYOR'S PROCLAMATIONS, AND PRESENTATIONS
APPOINTMENTS
A. Junior City Council
City Council to approve the appointment of Lawand Muhsen to the Auburn Junior City
Council for a one-year term expiring August 31, 2026
(RECOMMENDED ACTION: Move to approve the appointment of Lawand Muhsen to
the Auburn Junior City Council for a one-year term expiring August 31, 2026.)
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B. Salary Commission
City Council to approve the appointment of Aaron Schuler to the Salary Commission for a
four-year term expiring August 31, 2028
(RECOMMENDED ACTION: Move to approve the appointment of Aaron Schuler to
the Salary Commission for a four-year term expiring August 31, 2028.)
AGENDA MODIFICATIONS
PUBLIC HEARINGS
A. Resolution No. 5851 (Gaub)
A Public Hearing to consider approving the surplus of Vehicle 6903C, 2010 Vactor Truck
Valued at $85,000.00
B. Resolution No. 5853 (Whalen)
A Public Hearing to consider declaring City-Owned Utility Real Property King County
Parcel Number 3341000088 as surplus
AUDIENCE PARTICIPATION
This is the place on the agenda where the public is invited to speak to the City Council on any issue.
A. The public can participate in-person or submit written comments in advance.
Participants can submit written comments via mail, fax, or email. All written comments
must be received prior to 5:00 p.m. on the day of the scheduled meeting and must be 350
words or less.
Please mail written comments to:
City of Auburn
Attn: Shawn Campbell, City Clerk
25 W Main St
Auburn, WA 98001
Please fax written comments to:
Attn: Shawn Campbell, City Clerk
Fax number: 253-804-3116
Email written comments to: publiccomment(a�auburnwa.aov
If an individual requires accommodation to allow for remote oral comment because of a
difficulty attending a meeting of the governing body, the City requests notice of the need for
accommodation by 5:00 p.m. on the day of the scheduled meeting. Participants can
request accommodation to be able to provide a remote oral comment by contacting the
City Clerk's Office in person, by phone (253) 931-3039, or by email
(publiccomment(@_auburnwa.aov).
CORRESPONDENCE
CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by
one motion in the form listed.
Page 2 of 161
A. Minutes from the August 18, 2025, City Council Meeting
B. Minutes from the August 25, 2025, Study Session Meeting
C. Setting the date for Public Hearing for Ezee Fiber Texas, LLC Franchise Agreement
(Gaub)
D. Claims Vouchers (Thomas)
Claims voucher list dated August 27, 2025 which includes voucher numbers 481052
through voucher 481096, voucher numbers 481098 through voucher 481204 in the amount
of $3,373,219.77, twelve electronic fund transfers in the amount of $22,854.99 and four
wire transfers in the amount of $2,011,207.02
E. Claims Voucher (Thomas)
Claims Voucher 481097, dated August 27, 2025, in the amount of $24,417.57
F. Payroll Voucher (Thomas)
Payroll check numbers 539721 through 539723 in the amount of$701,502.21, electronic
deposit transmissions in the amount of$2,750,415.43, for a grand total of $3,451,917.64
for the period covering August 14, 2025 to August 27, 2025
(RECOMMENDED ACTION: Move to approve the Consent Agenda.)
UNFINISHED BUSINESS
NEW BUSINESS
RESOLUTIONS
A. Resolution No. 5851 (Gaub)
A Resolution approving the surplus of Vehicle 6903C, 2010 Vactor Truck Valued at
$85,000.00
(RECOMMENDED ACTION: Move to adopt Resolution No. 5851.)
B. Resolution No. 5853 (Whalen)
A Resolution declaring City-Owned Utility Real Property King County Parcel Number
3341000088 as surplus and authorizing its disposal
(RECOMMENDED ACTION: Move to adopt Resolution No. 5853.)
C. Resolution No. 5854 (Whalen)
A Resolution authorizing the Mayor to execute a Purchase and Sale Agreement with
Zachary D. and Shawnee R. Beck for the disposal of Surplus Real Property King County
Parcel Number 3341000088
(RECOMMENDED ACTION: Move to adopt Resolution No. 5854.)
D. Resolution No. 5855 (Hay)
A Resolution ratifying the Mayor's execution of an allocation agreement and participation
forms related to opioid pharmacy and manufacturer settlements
(RECOMMENDED ACTION: Move to adopt Resolution No. 5855.)
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E. Resolution No. 5857 (Thomas)
A Resolution authorizing the Mayor to execute an agreement between the City of Auburn
and the Department of Ecology to implement the 2025-2027 Local Solid Waste Financial
Assistance Grant Program and to accept and expend Program Grant Funds
(RECOMMENDED ACTION: Move to adopt Resolution No. 5857.)
F. Resolution No. 5858 (Council)
A Resolution supporting the Auburn School District's School Proposition 1: School Bond-
Building for Learning and Proposition 2: Safety, Security, Facility Improvements and
Technology Replacement Levy
(RECOMMENDED ACTION: Move to adopt Resolution No. 5858.)
MAYOR AND COUNCILMEMBER REPORTS
At this time the Mayor and City Council may report on significant items associated with their appointed positions on
federal, state, regional and local organizations.
A. From the Council
B. From the Mayor
ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office and on the City website
(http://www.auburnwa.gov).
Page 4 of 161
*
CITY OF
J\I.JBU1R.ts4 AGENDA BILL APPROVAL FORM
WASHINGGTTON
Agenda Subject: Meeting Date:
Resolution No. 5851 (Gaub) September 2, 2025
A Public Hearing to consider approving the surplus of Vehicle 6903C, 2010
Vactor Truck Valued at $85,000.00
Department: Attachments: Budget Impact:
Public Works None
Administrative Recommendation:
City Council to hold a Public Hearing in consideration of Resolution No. 5851.
See Resolution No. 5851 for further action on this item.
Background for Motion:
Background Summary:
In accordance with RCW 35.94.040, a Public Hearing shall be held to consider the surplus of property
or equipment originally purchased with utility funds when the item to be surplused is valued at over
$50,000.
The date of the Public Hearing was set by consent on August 18, 2025.
Councilmember: Tracy Taylor Staff: Ingrid Gaub
Page 5 of 161
CITY OF
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Agenda Subject: Meeting Date:
Resolution No. 5853 (Whalen) September 2, 2025
A Public Hearing to consider declaring City-Owned Utility Real Property
King County Parcel Number 3341000088 as surplus
Department: Attachments: Budget Impact:
Legal None
Administrative Recommendation:
City Council to hold a Public Hearing in consideration of Resolution No. 5853 declaring City-Owned
Utility Real Property King County Parcel Number 3341000088 as surplus. Please see Resolution No.
5853 for further action on this item.
Background for Motion:
Background Summary:
A Public Hearing is required under RCW 39.33.020 when the estimated value of real property
proposed for surplus exceeds $50,000 and also by RCW 35.94.040 when real property was acquired
for public utility purposes. In the case of the subject property, its estimated value is $155,000 and the
property was originally acquired for the construction of a future water pump station. The pump station
was never constructed. In 2020, a nearby lot was purchased by the City for a different right-of-way
and utility project. Public Works determined that the lot purchased in 2020 had excess capacity and
was a better location for the pump station than the Property located off of 104th Street. Prior to
bringing the Property before Council to declare it surplus, the Real Estate Division sent a notice to all
departments potentially having a need for property to ensure there was not another need for the
Property by the City. No department put forth a desire for the Property. Being good stewards of public
property means divesting ourselves of its ownership when it is determined the property is no longer
needed.
The date of the Public Hearing was set by consent on August 18, 2025.
Councilmember: Kate Baldwin Staff: Jason Whalen
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CITY OF
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Agenda Subject: Meeting Date:
Minutes from the August 18, 2025, City Council Meeting September 2, 2025
Department: Attachments: Budget Impact:
City Council 08-18-2025 Minutes
Administrative Recommendation:
Background for Motion:
Background Summary:
Councilmember: Staff:
Page 7 of 161
City Council
CITY OF * Regular Meeting
AUBURN August 18, 2025 - 7:00 PM
City Hall Council Chambers
WASHINGTON MINUTES
CALL TO ORDER
Mayor Backus called the meeting to order at 7:00 p.m. in the Council Chambers of
Auburn City Hall, 25 West Main Street.
LAND ACKNOWLEDGEMENT
Mayor Backus acknowledged the Federally Recognized Muckleshoot Indian Tribe as
the ancestral keepers of the land we are gathered on today.
PUBLIC PARTICIPATION
The City Council Meeting was held in person and virtually.
PLEDGE OF ALLEGIANCE
Mayor Backus led those in attendance in the Pledge of Allegiance.
ROLL CALL
Councilmembers present: Deputy Mayor Cheryl Rakes, Hanan Amer, Lisa Stirgus,
Tracy Taylor, and Yolanda Trout-Manuel. Councilmember Clinton Taylor arrived at 7:02
p.m. and Councilmember Kate Baldwin attended the meeting virtually via Zoom.
Mayor Nancy Backus and the following staff members present included: Chief of Police
Mark Caillier, Director of Finance Jamie Thomas, Director of Public Works Ingrid Gaub,
Director of Human Resources and Risk Management Candis Martinson, and Deputy
City Clerk Hannah Scholl.
ANNOUNCEMENTS, MAYOR'S PROCLAMATIONS, AND PRESENTATIONS
A. International Overdose Awareness Day
Mayor Backus proclaimed August 31, 2025, as "International Overdose
Awareness Day" in the City of Auburn.
Chief Caillier accepted the proclamation and thanked all first responders.
Page 8 of 161
APPOINTMENTS
A. Urban Tree Board
City Council to approve the appointment of Benjamin Woodhouse to the Urban
Tree Board for a three-year term expiring December 31, 2027
Councilmember T. Taylor moved and Councilmember Amer seconded to
approve the appointment of Benjamin Woodhouse to the Urban Tree Board for
a three-year term expiring December 31, 2027.
MOTION CARRIED UNANIMOUSLY. 7-0
AGENDA MODIFICATIONS
There were no modifications to the agenda.
PUBLIC HEARINGS
A. Public Hearing for Right-of-Way Vacation No. VAC25-0002 (Gaub)
A Public Hearing to consider Right-of-Way Vacation No. VAC25-0002
Mayor Backus opened the Public Hearing at 7:06 p.m.
Virginia Haugen provided comments.
Mayor Backus closed the Public Hearing at 7:07 p.m.
AUDIENCE PARTICIPATION
Written Comments:
The City Clerk's Office received written comments from Yuval Fleming, which were
forwarded to the Mayor and Council for review prior to the meeting.
In-Person Comments:
Shannon Snyder and Virginia Haugen provided comments.
CORRESPONDENCE
There was no correspondence for Council to review.
CONSENT AGENDA
A. Minutes from the August 4, 2025, City Council Meeting
B. Minutes from the August 11, 2025, Study Session Meeting
C. Setting the date for a Public Hearing for Resolution No. 5851, approving the
surplus of Vehicle 6903C, 2010 Vactor Truck (Gaub)
Page 9 of 161
D. Setting the date for a Public Hearing for Resolution No. 5853, the surplus of
City-Owned Utility Real Property (Whalen)
E. Claims Vouchers (Thomas)
Claims voucher list dated August 13, 2025 which includes voucher numbers
480754 through voucher 481051, in the amount of$6,292,597.10, thirteen
electronic fund transfers in the amount of $2,068.65 and four wire transfers in
the amount of $713,147.05
F. Payroll Voucher (Thomas)
Payroll check numbers 539716 through 539720 in the amount of$81,991 .00,
electronic deposit transmissions in the amount of $2,964,422.54, also a special
payroll for our Commissioned Police contract retro with an electronic deposit
transmission in the amount of $776,412.28, for a grand total of $3,822,825.82
for the period covering July 31, 2025 to August 13, 2025
G. Public Works Project No. CP2335 (Gaub)
City Council to approve Contract No. 25-02, to Colvico, Inc. in the amount of
$1,476,572.86 for Project No. CP2335 Auburn AWOS, Beacon and Generator
Installation
Deputy Mayor Rakes moved and Councilmember C. Taylor seconded to
approve the consent agenda.
MOTION CARRIED UNANIMOUSLY. 7-0
UNFINISHED BUSINESS
There was no unfinished business.
NEW BUSINESS
There was no new business.
ORDINANCES
A. Ordinance No. 6984 (Gaub)
An Ordinance vacating City Right-of-Way located within a portion of the
Northwest corner of 1st Street NW and B Street NW within the City of Auburn,
Washington
Councilmember T. Taylor moved and Deputy Mayor Rakes seconded to
approve Ordinance No. 6984.
MOTION CARRIED UNANIMOUSLY. 7-0
Page 10 of 161
RESOLUTIONS
A. Resolution No. 5848 (Whalen)
A Resolution authorizing the Mayor to execute a Purchase and Sale
Agreement on behalf of the City of Auburn, to sell vacant property to Industrial
Works, LLC
Councilmember C. Taylor moved and Councilmember T. Taylor seconded to
adopt Resolution No. 5848.
MOTION CARRIED UNANIMOUSLY. 7-0
B. Resolution No. 5850 (Martinson)
A Resolution authorizing the Mayor to execute an amendment to the Interlocal
Agreement for the provision of District Court Services between King County
and the City of Auburn
Deputy Mayor Rakes moved and Councilmember Stirgus seconded to adopt
Resolution No. 5850.
MOTION CARRIED UNANIMOUSLY. 7-0
C. Resolution No. 5852 (Gaub)
A Resolution authorizing an Interlocal Agreement between the City of Auburn
and King County for services and construction relating to improvements on
124th Avenue SE and the intersection of 124th Avenue SE And SE 320th
Street
Councilmember T. Taylor moved and Deputy Mayor Rakes seconded to adopt
Resolution No. 5852.
MOTION CARRIED UNANIMOUSLY. 7-0
MAYOR AND COUNCILMEMBER REPORTS
A. From the Council
Councilmembers provided reports on the events they attended.
B. From the Mayor
Mayor Backus provided a report on the events she attended.
Page 11 of 161
ADJOURNMENT
There being no further business to come before the Council, the meeting was
adjourned at 7:34 p.m.
APPROVED this 2nd day of September 2025.
NANCY BACKUS, MAYOR Hannah Scholl, Deputy City Clerk
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CITY OF
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Agenda Subject: Meeting Date:
Minutes from the August 25, 2025, Study Session Meeting September 2, 2025
Department: Attachments: Budget Impact:
City Council 08-25-2025 Minutes
Administrative Recommendation:
Background for Motion:
Background Summary:
Councilmember: Staff:
Page 13 of 161
City Council
* Study Session
ACITY OF * Community Wellness SFA
UBU� �T August 1�1 �I City Hall Council Chambers
WASHINGTON
MINUTES
CALL TO ORDER
Deputy Mayor Cheryl Rakes called the meeting to order at 5:30 p.m. in the Council
Chambers of Auburn City Hall, 25 West Main Street.
PUBLIC PARTICIPATION
The Study Session Meeting was held in person and virtually.
ROLL CALL
Councilmembers present: Deputy Mayor Cheryl Rakes, Hanan Amer, Lisa Stirgus,
Clinton Taylor, and Yolanda Trout-Manuel. Councilmembers Kate Baldwin and Tracy
Taylor attended the meeting virtually via Zoom.
Mayor Nancy Backus and the following staff members present included: City Attorney
Jason Whalen, Assistant Chief of Police Samuel Betz, Director of Parks, Arts, and
Recreation Julie Krueger, Director of Community Development Jason Krum, Director of
Public Works Ingrid Gaub, Planning Services Manager Alexandria Teague, Recreation
Program Coordinator Kjerstin Lange, and Deputy City Clerk Hannah Scholl.
AGENDA MODIFICATIONS
There were no modifications made to the agenda.
ANNOUNCEMENTS, REPORTS, AND PRESENTATIONS
There were no announcements, reports, or presentations.
COMMUNITY WELLNESS DISCUSSION ITEMS
A. Recreation Biking Program Update (Krueger) (20 Minutes)
Councilmember Trout-Manuel, Chair of the Community Wellness Special
Focus Area, chaired this portion of the meeting.
Director Krueger and Coordinator Lange provided Council with an update on
Page 14 of 161
the Recreation Biking Program including Cedar Lanes Bike Park
redevelopment, grant funded programs, community outreach, school outreach,
fee based recreational programs, and future program plans.
Council discussed assistance from non-profit organizations, program sign-up
process, class attendance, bike bus programs, storage facilities, and staffing.
AGENDA ITEMS FOR COUNCIL DISCUSSION
A. Downtown Subarea Plan Update (Krum) (20 Minutes)
Director Krum and Manager Teague provided Council with an update on the
Downtown Subarea Plan including the history of the original Plan, policy
requirements, expansion of downtown, additional housing, and creation of
districts. They also discussed key themes, public engagement, growth and
development alternatives, Downtown Urban Center (DUC) Core District, DUC
Health and Wellness District, DUC Neighborhood Residential District, DUC
Flex Residential District, and next steps.
Council discussed outreach and feedback.
ADJOURNMENT
There being no further business to come before the Council, the meeting was
adjourned at 6:19 p.m.
APPROVED this 2nd day of September 2025.
CHERYL RAKES, DEPUTY MAYOR Hannah Scholl, Deputy City Clerk
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Agenda Subject: Meeting Date:
Setting the date for Public Hearing for Ezee Fiber Texas, LLC Franchise September 2, 2025
Agreement (Gaub)
Department: Attachments: Budget Impact:
Public Works None
Administrative Recommendation:
City Council to set the date of the Public Hearing for Franchise Agreement No. FRN25-0002 for Ezee
Fiber Texas, LLC for a Wireline Telecommunications Franchise for September 15, 2025, at 7:00 pm.
Background for Motion:
Background Summary:
Section 20.04.040 of the Auburn City Code requires the City to hold a Public Hearing before granting
or denying a franchise agreement. Staff requests that the City Council set the date of the Public
Hearing for Franchise Agreement No. FRN25-0002 for Ezee Fiber Texas, LLC for a Wireline
Telecommunications Franchise for September 15, 2025.
Section 20.02.040 of the Auburn City Code requires a franchise for any utility or telecommunications
carrier or operator to use public ways of the City and to provide services to persons or areas inside or
outside of the City.
Ezee Fiber Texas, LLC has applied for a franchise agreement to install fiber optic cable and
electronic infrastructure in the public ways within the City limits. Ezee Fiber intends to provide
business and residential data and telecommunications services to customers located inside the City
limits.
Councilmember: Tracy Taylor Staff: Ingrid Gaub
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Agenda Subject: Meeting Date:
Claims Vouchers (Thomas) September 2, 2025
Claims voucher list dated August 27, 2025 which includes voucher numbers
481052 through voucher 481096, voucher numbers 481098 through
voucher 481204 in the amount of $3,373,219.77, twelve electronic fund
transfers in the amount of $22,854.99 and four wire transfers in the amount
of $2,011,207.02
Department: Attachments: Budget Impact:
Finance None
Administrative Recommendation:
City Council to approve Claim Vouchers.
Background for Motion:
Background Summary:
Claims voucher list dated August 27, 2025 which includes voucher numbers 481052 through voucher
481096, voucher numbers 481098 through voucher 481204 in the amount of $3,373219.77, twelve
electronic fund transfers in the amount of $22,854.99 and four wire transfers in the amount of
$2,011,207.02.
Councilmember: Kate Baldwin Staff: Jamie Thomas
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Agenda Subject: Meeting Date:
Claims Voucher (Thomas) September 2, 2025
Claims Voucher 481097, dated August 27, 2025, in the amount of
$24,417.57
Department: Attachments: Budget Impact:
Finance None
Administrative Recommendation:
City Council to approve Claim Vouchers.
Background for Motion:
Background Summary:
Claims Voucher dated August 27, 2025, in the amount of$24,417.57.
Councilmember: Kate Baldwin Staff: Jamie Thomas
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Agenda Subject: Meeting Date:
Payroll Voucher (Thomas) September 2, 2025
Payroll check numbers 539721 through 539723 in the amount of
$701,502.21, electronic deposit transmissions in the amount of
$2,750,415.43, for a grand total of$3,451,917.64 for the period covering
August 14, 2025 to August 27, 2025
(RECOMMENDED ACTION: Move to approve the Consent Agenda.)
Department: Attachments: Budget Impact:
Finance None
Administrative Recommendation:
City Council to approve Payroll Vouchers.
Background for Motion:
Background Summary:
Payroll check numbers 539721 through 539723 in the amount of $701,502.21, electronic deposit
transmissions in the amount of $2,750,415.43, for a grand total of $3,451,917.64 for the period
covering August 14, 2025 to August 27, 2025.
Councilmember: Kate Baldwin Staff: Jamie Thomas
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CITY OF * *
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Agenda Subject: Meeting Date:
Resolution No. 5851 (Gaub) September 2, 2025
A Resolution approving the surplus of Vehicle 6903C, 2010 Vactor Truck
Valued at $85,000.00
(RECOMMENDED ACTION: Move to adopt Resolution No. 5851.)
Department: Attachments: Budget Impact:
Public Works Resolution No. 5851
Administrative Recommendation:
City Council to adopt Resolution No. 5851.
Background for Motion:
This Resolution will allow the City to surplus a 2010 Vactor Truck that is no longer needed for public
utility services in accordance with RCW 35.94.040 and the vehicle has been replaced.
Background Summary:
Resolution No. 5851 authorizes the surplus of Vehicle 6903C, a 2010 Vactor 2100 Truck that was
purchased in 2009 and has reached the end of its service life. RCW 35.94.040 requires equipment
originally purchased with utility funds and valued over $50,000 to be surplused by Resolution of the
Council after a Public Hearing has been held. The Vactor is valued at $85,000 and has already been
replaced and is no longer needed for public utility services.
Councilmember: Tracy Taylor Staff: Ingrid Gaub
Page 20 of 161
RESOLUTION NO. 5851
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING THE SURPLUS OF
VEHICLE 6903C, 2010 VACTOR TRUCK VALUED AT
$85,000.00
WHEREAS, the City acquired Vehicle 6903C, a 2010 Vactor 2100 Truck in 2009
with utility funds, and Vehicle 6903C has now reached the end of its service life; and
WHEREAS, Vehicle 6903C has been replaced in accordance with the City's
policies for its equipment fleet; and
WHEREAS, Vehicle 6903C has an estimated fair market value of $85,000.00
which exceeds the $50,000 limit as identified in RCW 35.94.040 and requires a public
hearing; and
WHEREAS, a Public Hearing was held on September 2, 2025; and
WHEREAS, in accordance with RCW 35.94.040, Auburn City Code 2.03.030 and
the City's policies, personal property valued at $50,000 and higher requires approval of
the City Council to surplus; and
WHEREAS, it is appropriate to surplus Vehicle 6903C, which is no longer required
for continued public utility service, consistent with applicable city policies concerning
surplusing or retiring such assets.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to surplus Vehicle 6903C, 2010 Vactor 2100
Truck.
Resolution No. 5851
August 7, 2025
Page 1 of 2 Rev. 04/24
Page 21 of 161
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed this day of , 2025.
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
Shawn Campbell, MMC, City Clerk Jason Whalen, City Attorney
Resolution No. 5851
August 7, 2025
Page 2 of 2 Rev.04/24
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Agenda Subject: Meeting Date:
Resolution No. 5853 (Whalen) September 2, 2025
A Resolution declaring City-Owned Utility Real Property King County Parcel
Number 3341000088 as surplus and authorizing its disposal
(RECOMMENDED ACTION: Move to adopt Resolution No. 5853.)
Department: Attachments: Budget Impact:
Legal Resolution No. 5853, Exhibit A
Administrative Recommendation:
City Council to adopt Resolution No. 5853.
Background for Motion:
Being good stewards of public property means divesting of such property when it is determined to no
longer be needed by declaring the property as surplus before disposing of such property, pursuant to
applicable law.
Background Summary:
The subject "Property" is a vacant lot bounded by a privately-owned residential property to the north,
104th PL SE to the east, a privately-owned vacant lot to the south, and a commonly owned tract to
the west. Its general location is south of SE 320th St and the east bank of the Green River. The
Property was purchased with utility funds for $70,000 in 2001 as part of Project C9020 to be the site
of a future booster pump station (utility purpose).
A public hearing is required for real property pursuant to RCW 35.94.040 when real property was
acquired for public utility purposes but is no longer needed by the utility provider.
In the case of the subject Property, the pump station was never constructed, and the Property has
remained a vacant lot.
In 2020, a nearby lot was purchased by the City for a different Right-of-Way and utility project. Public
Works determined that the lot purchased in 2020 had excess capacity and was a better location for
the pump station than the subject Property, making the subject Property no longer needed for utility
purposes.
A Public Hearing is required under RCW 39.33.020 when real property is being proposed for surplus
with an estimated value of more than fifty thousand dollars. In the matter of the subject Property, it
has an estimated value, established via an appraisal, of$155,000.
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Notice of the Public Hearing was provided consistent with the provisions of RCW 39.33.020.
The Public Hearing held on September 2, 2025, satisfies the Public Hearing requirements of both
RCW 35.94.040 and 39.33.020.
Prior to bringing the Property before the Council for surplus consideration, the Real Estate Division
sent a notice to all departments to ensure there was not another need or desire for the Property. No
desire or request was put forth.
See subsequent Resolution No. 5854 regarding the Property's disposal.
Councilmember: Kate Baldwin Staff: Jason Whalen
Page 24 of 161
RESOLUTION NO. 5853
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, DECLARING CITY-OWNED
UTILITY REAL PROPERTY KING COUNTY PARCEL
NUMBER 3341000088 AS SURPLUS AND AUTHORIZING
ITS DISPOSAL
WHEREAS, the City of Auburn's Water Utility owns real property identified as
King County parcel number 334100088 being generally located off of 104th PL SE south
of SE 320th Street in Auburn (the "Property"); and
WHEREAS, the Property was acquired with utility funds to be the future site of a
booster pump station; and
WHEREAS, no station was ever built and the Property remains vacant land; and
WHEREAS, in 2020 the City purchased a nearby lot for a different right-of-way
and utility project that had excess capacity and is a better suited location for a booster
pump station; and
WHEREAS, Pursuant to RCW 35.94.040 and 39.33.020 the City held a public
hearing on September 2nd 2025;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. Real Property parcel 3341000088 which is legally described in
attached Exhibit A, being generally located off of 104th PL SE south of SE 320th Street,
is hereby declared as surplus.
Section 2. The Mayor is authorized to dispose of the property and to
implement such administrative procedures as may be necessary to carry out the
directives of this legislation.
Resolution No. 5358
August 7, 2025
Page 1 of 2
Page 25 of 161
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed:
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
Shawn Campbell, MMC, City Clerk Jason Whalen, City Attorney
Resolution No. 5358
August 7, 2025
Page 2 of 2
Page 26 of 161
EXHIBIT "A"
Legal Description of the Property
Beginning at a point on the westerly line of Green River Boulevard,
106.66 feet, south 17' east from the northeast corner of Lot 19 of
C.L. Hillman's Green River Addition lo. 1, according to the plat
thereof recorded in Volume 17 of Plats, page 67, in King County.
Washington;
thence north 17° west, 106.66 feet along the westerly line of Green
River Boulevard tO the northeast corner of Lot 19;
thence continuing along said westerly line, north 42°30' east, 108 _78
feet to the northeast corner of Lot 18;
thence north 86941' west, 237 feet, more or 1esa, to the easterly
bank of the Green River;
thence southwesterly along the easterly bank of the Green River, 212
feet, more or less, to a point which bears north 89541'07' west from
the TRUE POINT OF $GINNING;
thence south 89"41,07" east, tO the TRUE POINT OF BEGINNING;
EXCEPT THEREFROM any portion lying north of a line parallel to and
255 feet south as measured at right angles to the north line of the
northwest quarter of section 17, Township 21 North, Range 5 Bast,
W.M. . in King County, Washington;
EXCEPT any portion of the following described tract:
Commencing at the northeast corner of Tract 16 of C.D. Hillman's
Green River Addition No. 1. according to the plat thereof recorded
in Volume 17 of Plats, page 67, in King County, Washington, also
being the intersection Of the southerly right-of-way of 320`h Street
Southeast and the westerly right-of-way of 104th Place Southeast;
thence north 99541'07', west along said southerly right-of-way of 320"
Street Southeast a distance of 366.29 feet to the point of
beginning;
thence south 15532'02" east, a distance of 314.27 feet;
thence north 8954I'07"• west, a distance of 24.73 feet to the east
bank of the Green River;
thence along said east bank north 19526'25" west 82.16 feet, north
13556'40" west 77.38 feet, north 18919'39" west 79.15 feet, north
10541'09" west 76.40 feet to said southerly right-of-way of 320th
Street Southeast;
thence south 89°41'07h east, 25.61 feet to the point of beginning;
TOGETHER WITH that portion of the Green River Noulevard adjoining on
the east vacated by Board of County Commissioners under order of
vacation dated. December 17, 1956.
(BEING KNOWN AS Parcel D of King County Boundary Line Adjustment
Number 592L0080, recorded under Recording Number 9307301336) ;
iieoal description, continued)
Page 27 of 161
LEa.L DFECR.PTTCN, cn:'C.in.ded:
TOGETTiT.R WITH an undivided one-cUarter interest in the Following
described tract
Commencing at tne nor_}ienst corn*r ot '_z-act 16, of C.D. Hillman"
Gre rr River Addition No. 1, .ic nnrding to the plat t'.ereof= recorded
in Vo I ,irrte 17 of Plats, page 67 , in King County, 4asaingtcn, also
being the intersection of the acut-noriy right-of-way of 320u- S_reet
,9ou:.heast and the westerly right of-way of. 104ah Place Southeast;
thence north 89°41` 07" west a=onq said southerly right of way of 32Cn'`
Stre.ev Southeaar a dis-ance of 366_29 feet to the poinL ot
thence south 15'32' C•2" east, a distance or 314 .27 tees;
thence north 83°- ?` 7" Nest, a distance of 24.73 feet to the, east
ba:.k of the Green r2.ivnr;
thence along said eaDt bank north 19°2.6'2 " west 82 . 16 feet, north
13'56'40" west. 77} . 3c3 feet, north 11°1.9' 39" west 79.15 feet., north
10°,11 ':19" wust. 76 .40 feet to said southerly right-of-way of 12.G"
SE.r-eet Southeast;
thence South B9°41 ' O7" cast, 25,61 feet to the point of beginning;
{E1 TNG 1ClOWN AS Parcel E Of King County Boundary 7.-nc Ad j sstment
Namher .S921,0080, recorded under recording Number 9307301116) .
END OF EXHIBTT i
King County Parcel number- 3341000088
Page 28 of 161
�K
CITY OF
J\I.JBU1R.ts4 AGENDA BILL APPROVAL FORM
WASHINGGTTON
Agenda Subject: Meeting Date:
Resolution No. 5854 (Whalen) September 2, 2025
A Resolution authorizing the Mayor to execute a Purchase and Sale
Agreement with Zachary D. and Shawnee R. Beck for the disposal of
Surplus Real Property King County Parcel Number 3341000088
(RECOMMENDED ACTION: Move to adopt Resolution No. 5854.)
Department: Attachments: Budget Impact:
Legal Resolution No. 5854, Exhibit A,
Purchase and Sale Agreement
for Parcel 3341000088
Administrative Recommendation:
City Council to adopt Resolution No. 5854.
Background for Motion:
By City Council Resolution No. 5853 and following due and proper Public Notice and a Public
Hearing, the subject Property was declared as surplus to the City's needs. The purchaser is offering
the City fair market value for the Property.
Background Summary:
The subject Property was declared surplus to the City's needs pursuant to Resolution No. 5853. Zach
and Shawnee Beck own a residential property located to the north of the subject Property. They
approached the City with interest in purchasing the subject Property and hired a Washington State
licensed appraiser to determine the Property's fair market value, which the appraiser determined to
be $155,000. Zach and Shawnee's purchase offer is for the appraised value of$155,000.
Councilmember: Kate Baldwin Staff: Jason Whalen
Page 29 of 161
RESOLUTION NO. 5854
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
TO EXECUTE, ON BEHALF OF THE CITY, A PURCHASE
AND SALE AGREEMENT WITH ZACHARY D. AND
SHAWNEE R. BECK FOR THE DISPOSAL OF SURPLUS
REAL PROPERTY KING COUNTY PARCEL NUMBER
3341000088
WHEREAS, the City of Auburn's Water Utility owns vacant real property legally
described in Exhibit A (the "Property"), generally located south of SE 320th Street, off of
104th PL SE; and
WHEREAS, public notice was provided and a public hearing held in accordance
with the provisions of RCW 39.33.020 and RCW 35.94.040; and
WHEREAS, following due and proper public notice and the public hearing, the
City Council, by Resolution 5853, declared the Property as surplus to the needs of the
City and authorized its disposal; and
WHEREAS, Zachary D. Beck and Shawnee R. Beck, owners of adjacent
property, desire to purchase the Property at its appraised value of One Hundred Fifty-
Five Thousand and No/100 Dollars ($155,000.00); and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is (i) authorized to execute the Purchase and Sale
Agreement (the "Agreement") attached as Exhibit B, for sale and conveyance of the
subject Property, and any future amendments to the Agreement, as appropriate, so long
as those amendments do not decrease the purchase price of the Property, and (ii)
Resolution No. 5854
August 7, 2025
Page 1 of 2
Page 30 of 161
execute all necessary documents to complete the closing of the purchase transaction to
dispose of the Property consistent with the terms and conditions of the Agreement.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed:
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
Shawn Campbell, MMC, City Clerk Jason Whalen, City Attorney
Resolution No. 5854
August 7, 2025
Page 2 of 2
Page 31 of 161
EXHIBIT "A"
Legal Description of the Property
Beginning at a point on the westerly line of Green River Boulevard,
106.66 feet, south 17' east from the northeast corner of Lot 19 of
C.L. Hillman's Green River Addition lo. 1, according to the plat
thereof recorded in Volume 17 of Plats, page 67, in King County.
Washington;
thence north 17° west, 106.66 feet along the westerly line of Green
River Boulevard tO the northeast corner of Lot 19;
thence continuing along said westerly line, north 42°30' east, 108 _78
feet to the northeast corner of Lot 18;
thence north 86941' west, 237 feet, more or 1esa, to the easterly
bank of the Green River;
thence southwesterly along the easterly bank of the Green River, 212
feet, more or less, to a point which bears north 89541'07' west from
the TRUE POINT OF $GINNING;
thence south 89"41,07" east, tO the TRUE POINT OF BEGINNING;
EXCEPT THEREFROM any portion lying north of a line parallel to and
255 feet south as measured at right angles to the north line of the
northwest quarter of section 17, Township 21 North, Range 5 Bast,
W.M. . in King County, Washington;
EXCEPT any portion of the following described tract:
Commencing at the northeast corner of Tract 16 of C.D. Hillman's
Green River Addition No. 1. according to the plat thereof recorded
in Volume 17 of Plats, page 67, in King County, Washington, also
being the intersection Of the southerly right-of-way of 320`h Street
Southeast and the westerly right-of-way of 104th Place Southeast;
thence north 99541'07', west along said southerly right-of-way of 320"
Street Southeast a distance of 366.29 feet to the point of
beginning;
thence south 15532'02" east, a distance of 314.27 feet;
thence north 8954I'07"• west, a distance of 24.73 feet to the east
bank of the Green River;
thence along said east bank north 19526'25" west 82.16 feet, north
13556'40" west 77.38 feet, north 18919'39" west 79.15 feet, north
10541'09" west 76.40 feet to said southerly right-of-way of 320th
Street Southeast;
thence south 89°41'07h east, 25.61 feet to the point of beginning;
TOGETHER WITH that portion of the Green River Noulevard adjoining on
the east vacated by Board of County Commissioners under order of
vacation dated. December 17, 1956.
(BEING KNOWN AS Parcel D of King County Boundary Line Adjustment
Number 592L0080, recorded under Recording Number 9307301336) ;
iieoal description, continued)
Page 32 of 161
LEa.L DFECR.PTTCN, cn:'C.in.ded:
TOGETTiT.R WITH an undivided one-cUarter interest in the Following
described tract
Commencing at tne nor_}ienst corn*r ot '_z-act 16, of C.D. Hillman"
Gre rr River Addition No. 1, .ic nnrding to the plat t'.ereof= recorded
in Vo I ,irrte 17 of Plats, page 67 , in King County, 4asaingtcn, also
being the intersection of the acut-noriy right-of-way of 320u- S_reet
,9ou:.heast and the westerly right of-way of. 104ah Place Southeast;
thence north 89°41` 07" west a=onq said southerly right of way of 32Cn'`
Stre.ev Southeaar a dis-ance of 366_29 feet to the poinL ot
thence south 15'32' C•2" east, a distance or 314 .27 tees;
thence north 83°- ?` 7" Nest, a distance of 24.73 feet to the, east
ba:.k of the Green r2.ivnr;
thence along said eaDt bank north 19°2.6'2 " west 82 . 16 feet, north
13'56'40" west. 77} . 3c3 feet, north 11°1.9' 39" west 79.15 feet., north
10°,11 ':19" wust. 76 .40 feet to said southerly right-of-way of 37,Ctn
SE.r-eet Southeast;
thence South B9°41 ' O7" cast, 25,61 feet to the point of beginning;
{E1 TNG 1ClOWN AS Parcel E Of King County Boundary 7.-nc Ad j sstment
Namher .S921,0080, recorded under recording Number 9307301116) .
END OF EXHIBTT i
King County Parcel number- 3341000088
Page 33 of 161
Docusign Envelope ID:ODA21 D4B-180A-4881-96F8-E61618AFB65A
PURCHASE AND SALE AGREEMENT
This PURCHASE AND SALE AGREEMENT(this"Agreement") is entered into as of the
day of , 2025 ("Effective Date"), by and between the Zachary D. Beck,
and Shawnee R.Beck a married couple("Buyer"),and the City of Auburn,a Washington
municipal corporation (the "City" or "Seller"). Seller and Buyer are collectively referred
to as the"Parties."
RECITALS
A. The City's Water Utility department purchased the Subject Property with
the intent of constructing a booster pump station. However,before any construction began,
the City acquired another property better suited for the facility.
B. Buyer submitted an unsolicited offer to purchase the Subject Property from
Seller along with an appraisal supporting the Purchase Price offered.
C. On September 2nd, 2025, through the ratification of Resolution 5853 the
Auburn City Council, after providing proper notice and holding a public hearing pursuant
to RCW 35.94.040 and 39.33.020 declared the Subject Property as surplus to the needs of
the City.
D. This purchase and sale agreement is approved through the ratification of
Resolution 5854 by the Auburn City Council.
AGREEMENT
Now, therefore, for good and valuable consideration, the receipt and sufficiency of
which the Parties mutually acknowledge, Buyer and Seller agree as follows:
1. Certain Defined Terms. For purposes of this Agreement, the following
capitalized terms in this Agreement will have the following definitions:
1.1 "Subject Property"is the real property legally described in attached Exhibit
A which consisting of approximately 0.29 acres of vacant land generally located south of
SE 320th Street, along 104th PL SE in Auburn, Washington, having the King County Tax
Parcel Nos. 334100-0088.
1.2 "Closing" or "Close of Escrow" means the recordation of the Deed in the
Official Records and Seller's receipt of the Purchase Price.
1.3 "Closing Date"means the date which is thirty(30) days after the expiration
or waiver of the due diligence and feasibility review period.
Purchase and Sale Agreement—Beck/COA—FINAL
King County Parcel#334100-0088
Page 1 of 14
Page 34 of 161
Docusign Envelope ID:ODA21 D4B-180A-4881-96F8-E61618AFB65A
1.4 "Deposit"means an amount of two thousand five hundred dollars ($2,500),
plus any other amounts designated as a Deposit in this Agreement.
1.5 "Escrow" means the escrow opened with Escrow Agent for the
consummation of the transaction described in this Agreement.
1.6 "Escrow Agent" means Ticor title Company, located at: 33400 9th Ave S.
#102, Federal Way, WA 98003.
1.7 "Official Records"means the official real property records of King County,
Washington.
1.8 "Permitted Exceptions"has the meaning as set forth in Section 6.1 below.
1.9 "Purchase Price"has the meaning as set forth in Section 3.
1.10 "Title Company"means Ticor Title Company.
1.11 "Title Policy" means the then current Seller-purchased standard coverage
ALTA owner's policy of title insurance issued by the Title Company to Buyer with
coverage in the amount of purchase price, showing title to the Subject Property vested in
Buyer subject only to the Permitted Exceptions.
1.12 "Offer Expiration Date" means that date the Seller shall have to accept,
counter, or reflect this offer before this offer becomes automatically revoked. Offer
Expiration Date is N/A .
2. Purchase and Sale. Buyer agrees to buy, and Seller agrees to sell, all of Seller's
rights,title and interest in the Subject Property on the terms and conditions set forth in this
Agreement.
3. Purchase Price; Cash Payment. The Purchase Price is One Hundred Fifty-Five
Thousand Dollars and no cents ($155,000.00), which will be payable in full at Closing.
The Deposit will be applied to the Purchase Price due at Closing. The Purchase Price
payment by Buyer will be via wire transfer of collected federal funds.
3.1. No Financing.Buyer warrants that it has or has secured the necessary funds
to consummate Closing of the Subject Property and that this Agreement is NOT subject to
any financing contingencies.
4. Earnest Money Deposit. On execution of this Agreement,Buyer will deposit with
Escrow Agent Two Thousand Five Hundred Dollars and no cents ($2,500.00) in cash
(the "Deposit"), which the Escrow Agent will hold as an earnest money deposit for this
transaction. The Deposit will be held in Escrow and applied or disposed of by the Escrow
Purchase and Sale Agreement—COA/Zachary and Shawnee Beck—FINAL
King County Parcel# 3334100088
Page 2 of 14
Page 35 of 161
Docusign Envelope ID:ODA21 D4B-180A-4881-96F8-E61618AFB65A
Agent based on the terms of this Agreement. The Deposit will not be refunded and will
become property of Seller upon expiration of Buyer's Due Diligence and Feasibility period.
5. Due Diligence and Feasibility. Due Diligence and Feasibility Period. Buyer shall
have the right for a period of ten (10) calendar days from the Effective Date of this
Agreement (the "Due Diligence Period") to conduct Buyer's due diligence and feasibility
review,examination and inspection of all matters pertaining to its acquisition of the Subject
Property, including such inspections, tests, and surveys as Buyer deems appropriate to
determine the suitability of the Subject Property for Buyer's intended use. Buyer is solely
responsible to determine its ability to use the Subject Property for its intended use and is
solely responsible for submitting all necessary applications for City, State, and Federal
permits necessary to determine feasibility. If,based upon Buyer's review, examination and
inspection, Buyer determines in its sole discretion that it intends to acquire the Subject
Property,then Buyer shall promptly notify Seller of such determination in writing prior to
the expiration of the Due Diligence Period. In the event that Buyer fails to deliver such
notice to Seller on or before the expiration of the Due Diligence Period, Buyer will be
deemed to be satisfied and to have waived its right to terminate this Agreement pursuant
to this subsection. If Buyer timely and affirmatively advises Seller in writing of its
dissatisfaction based on its Due Diligence review, then this Agreement automatically
terminates, the Parties' rights under this Agreement shall be of no further force or effect
and the Deposit will be returned to Buyer.
6. Title Policy. Promptly after mutual execution of this Agreement, Seller will obtain
and deliver to Buyer a standard coverage preliminary title insurance commitment covering
the Subject Property from the Title Company (the "Commitment"). The Title Company
will be instructed to deliver a copy of the Commitment and copies of exceptions to Buyer,
Seller, and the Parties' respective counsel. Approval by Buyer of the exceptions to title set
forth in the Commitment(other than as hereinafter set forth) will be a condition precedent
to Buyer's obligation to purchase the Subject Property. Unless Buyer gives written notice
that it disapproves the exceptions to title shown on the Commitment (other than the
exceptions to title approved by Buyer and described in Section 6.1 below), stating the
exceptions so disapproved, within fourteen(14) calendar days after the date of delivery of
the Commitment to Buyer, Buyer will be deemed to have approved such exceptions. If
Buyer disapproves any title exceptions, Seller will have a ten(10)calendar day period after
its receipt of Buyer's written notice of disapproval of the same within which to provide
written notice to Buyer as to which of such disapproved title exceptions Seller will remove
(or cause to be removed) from title; provided, however, that Seller will not be required to
actually remove such exception(s) until Closing. If, for any reason, Seller's notice given
pursuant to the immediately preceding sentence does not covenant to remove all of Buyer's
disapproved title exceptions at or prior to Closing, Buyer has the right to terminate this
Agreement by written notice to Seller and Escrow Agent given within ten (10) calendar
days after the earlier of the expiration of such ten(10)calendar day period or the date Seller
informs Buyer that it does not intend to remove the disapproved items (the "Termination
Notice"). Buyer's failure to deliver the Termination Notice within such ten(10)day period
will be deemed Buyer's approval of any such previously disapproved title exception. If
Purchase and Sale Agreement—COA/Zachary and Shawnee Beck—FINAL
King County Parcel# 3334100088
Page 3 of 14
Page 36 of 161
Docusign Envelope ID:ODA21 D4B-180A-4881-96F8-E61618AFB65A
Buyer delivers the Termination Notice within such ten (10) day period, the obligation of
Seller to sell, and Buyer to buy, the Subject Property will terminate and Escrow Agent is
instructed to promptly return Buyer's Deposit.
6.1 Permitted Exceptions. In addition to such other exceptions to title as may
be approved by Buyer pursuant to the provisions of Section 6 above, Buyer shall accept
title to the Subject Property subject to the following (collectively, the "Permitted
Exceptions"):
The printed exceptions which appear in the then current ALTA form standard
coverage owner's policy of title insurance issued by Title Company in the State of
Washington; and items created by, or on behalf of, Buyer.
7. Buyer's Right of Entry. Buyer, and its agents and consultants, at Buyer's sole
expense and risk,may enter the Subject Property during the term of this Agreement for the
purpose of Buyer's due diligence and feasibility study of the Property. Buyer will (a)
exercise care at all times on or about the Subject Property, and(b)take precautions for the
prevention of injury to persons or damage to property on or about the Subject Property.
Any physical alteration of the Subject Property in connection with Buyer's study will be
restored by Buyer immediately upon demand by Seller, at Buyer's sole expense. Buyer
indemnifies Seller against any loss, damage, or claim resulting from Buyer's inspections
and tests.Buyer is not Seller's agent in connection with such activities and has no authority
to allow any liens to encumber the Subject Property. Buyer shall keep the Subject Property
free from all mechanics', materialmen's and other liens, and all claims , arising from any
work or labor done,services performed,or materials and supplies furnished in with Buyer's
actions in the exercise of its right of entry on the Subject Property and Buyer will maintain
all insurance as required by Seller with respect to activities on the Subject Property.
8. Closing.
8.1 Time for Closing. This purchase and sale will be closed in the office of
Escrow Agent on the Closing Date. Buyer and Seller will place in Escrow with Escrow
Agent all instruments, documents and monies necessary to complete the sale under this
Agreement. Funds held in Escrow pursuant to Escrow instructions will be deemed, for
purposes of this definition, as available for disbursement to Seller. Neither party needs to
be physically present at the Closing.
8.2 Seller Exchange. Buyer agrees to cooperate should Seller elect to sell the
Property as part of a like-kind exchange under IRC Section 1031. Seller's contemplated
exchange shall not impose upon Buyer any additional liability, financial obligation, nor
will it affect the Closing Date, and Seller agrees to hold Buyer harmless from any liability
that might arise from such exchange. This Agreement is not subject to or contingent upon
Seller's ability to acquire a suitable exchange property or effectuate an exchange. In the
event any exchange contemplated by Seller should fail to occur, for whatever reason, the
sale of the Property shall nonetheless be consummated as provided herein.
Purchase and Sale Agreement—COA/Zachary and Shawnee Beck—FINAL
King County Parcel# 3334100088
Page 4 of 14
Page 37 of 161
Docusign Envelope ID:ODA21 D4B-180A-4881-96F8-E61618AFB65A
8.3 Closing Costs.
8.3.1 Seller's Costs. Associated with the sale and conveyance of the
Subject Property, Seller will pay: (a)one half of the escrow fees and costs; (b)all premiums
charged for the issuance of an ALTA Standard Coverage Owner's Policy, including
applicable tax; (c)all real estate excise tax fees owed, if not exempt under WAC 458-61A-
205(2); (d) Seller's share of prorations; and(e) Seller's own legal fees and fees of its own
consultants,including but not limited to real estate broker commissions owed in connection
with this Agreement.
8.3.2 Buyer's Costs. Associated with the sale and conveyance of the
Subject Property,Buyer will pay: (a)one half of the escrow fees and costs; (b)any lender's
policy of title insurance and/or all premiums charged for any additional endorsements, or
extended coverage Buyer may require or request, including applicable sales tax; (c) the
recording fees for the Deed; (d) Buyer's share of prorations, if any; and (e) Buyer's own
legal fees and fees of its own consultants, including but not limited to real estate broker
commissions owed in connection with this Agreement.
8.3.3 Other Costs. All other costs and expenses will be charged according
to local industry customs.
8.3.4 Real Property Taxation. Seller will be responsible for all real
property taxes due and owing prior to the Closing.
8.4 Closing Documents.
8.4.1 Seller's Documents. At Closing, Seller will deliver to Escrow Agent
the following instruments and documents:
a. An executed and acknowledged Bargain and Sale Deed acceptable to
Buyer;
b. The executed real estate excise tax affidavit to accompany the Deed;
and
c. An executed nonforeign person affidavit in the form required under
Section 1445 of the Internal Revenue Code.
8.4.2 Buyer's Documents. At Closing, Buyer shall deliver to Escrow
Agent the following funds, instruments and documents:
a. The balance of the Purchase Price in accordance with Section 3; and
b. An executed real estate excise tax affidavit.
Purchase and Sale Agreement—COA/Zachary and Shawnee Beck—FINAL
King County Parcel# 3334100088
Page 5 of 14
Page 38 of 161
Docusign Envelope ID:ODA21 D4B-180A-4881-96F8-E61618AFB65A
9. Possession. Buyer will be entitled to possession of the Subject Property upon
Closing.
10. Representations and Warranties.
10.1 Seller's Representations and Warranties. In addition to any other
representations or warranties of City elsewhere in this Agreement, Seller represents and
warrants to Buyer now, and as of the Date of Closing, that:
10.1.1 Authority. Seller has full power and authority to execute this
Agreement and perform Seller's obligations and all necessary action to authorize this
transaction has been taken, except as specifically provided herein.
10.1.2 Hazardous Substances. Seller has not received notification of any
kind from any governmental agency suggesting that the Subject Property is or may be
targeted for a Hazardous Substances cleanup;to the best of Seller's knowledge the Subject
Property has not been used (a) for the storage, disposal or discharge of oil, solvents, fuel,
chemicals or any type of toxic, dangerous, hazardous or biological waste or substance
(collectively, "Hazardous Substances"), or (b) as a landfill or waste disposal site; to the
best of Seller's knowledge the Subject Property has not been contaminated with any
Hazardous Substances; and(c)to the best of Seller's knowledge,there are no underground
storage tanks on the Subject Property. Buyer agrees to waive Seller's Disclosure Statement
under RCW 64.06.010 with the exception of item 6 "Environmental" under RCW
64.06.013 which Seller shall deliver to Buyer within five (5) business days following
execution of this Agreement. A blank copy of the Environmental Section of Seller's
Disclosure Statement is attached as Exhibit B for reference. Prior to closing, Buyer will
be responsible to evaluate the property for Hazardous Substances and Seller will be given
the opportunity, but will not be obligated, to remediate any concerns brought to the
attention of environmental authorities.
10.1.3 Buyer's Representations and Warranties. In addition to any other
representations and warranties of Buyer elsewhere in this Agreement,Buyer represents and
warrants to Seller now, and as of the Date of Closing, that (a) Buyer has full power to
execute, deliver and carry out the terms and provisions of this Agreement, and has taken
all necessary action to authorize the execution, delivery and performance of this
Agreement; and (b) the individual executing this Agreement on behalf of Buyer has the
authority to bind Buyer to the terms and conditions of this Agreement.
10.1.4 "As is" condition of Subject Property. The Purchase Price reflects
that Buyer is purchasing the Subject Property "as is," "where is," and "with all faults,"
except to the extent of representations and warranties specifically made by Seller or in the
Statutory Warranty Deed or other documents to be delivered by Seller at Closing.
11. Maintenance of Subject Property; Risk of Loss, Condemnation.
Purchase and Sale Agreement—COA/Zachary and Shawnee Beck—FINAL
King County Parcel# 3334100088
Page 6 of 14
Page 39 of 161
Docusign Envelope ID:ODA21 D4B-180A-4881-96F8-E61618AFB65A
11.1 Maintenance of Subject Property. From the date of this Agreement until
the Closing Date (or any earlier termination of this Agreement), Seller agrees to maintain
the Subject Property in substantially the same condition existing as of the Effective Date,
ordinary wear and tear, damage by casualty accepted.
11.2 Risk of Loss;Condemnation.Risk of loss of or damage to the improvements
on the Subject Property will be borne by Seller at all times until the Closing Date and no
event of casualty or damage shall affect the parties' obligations under the Agreement or
the Purchase Price, however, Buyer will have the right to receive any insurance proceeds
due Seller in connection with any casualty or damage and Seller covenants to maintain
commercially reasonable casualty insurance in place with respect to the Subject Property
at all times prior to Closing. Seller shall promptly notify Buyer of any condemnation or
eminent domain proceeding which affects or may affect the Subject Property. In the event
of any condemnation or eminent domain proceeding by any entity other than City, or a
deed in lieu of or under threat thereof, which affects a material portion of the Subject
Property, Buyer may elect either to terminate this Agreement, or to purchase the Subject
Property in the condition existing on the Closing Date without adjustment of the Purchase
Price.
12. Default.
12.1 Time of Essence. Time is of the essence for this Agreement.
12.2 Seller's Remedies for Buyer's Default or Failure to Close. If Buyer fails,
without legal excuse, to complete the purchase of the Subject Property in accordance with
this Agreement, Seller's sole and exclusive remedies shall be to retain the Deposit as
liquidated damages. Buyer expressly agrees that the retention of the Deposit by Seller
represents a reasonable estimation of the damages in the event of Buyer's default and
failure to close, that actual damages may be difficult to ascertain, and that this provision
does not constitute a penalty. In this respect, Buyer and Seller acknowledge that these
damages have been specifically negotiated between Buyer and Seller and will compensate
Seller for delaying the eventual sale of the Subject Property and to compensate Seller or its
costs and expenses associated with this Agreement.
12.3 Buyer's Remedies for Seller's Default. If Seller fails to complete the sale
of the Subject Property in accordance with this Agreement, Buyer's remedy will be to
terminate this Agreement or to seek specific performance.
13. Notices. All notices, demands and other communications required or permitted to
be given shall be in writing and shall be sent by personal delivery (including by means of
professional messenger or courier service) or registered or certified mail,postage-prepaid,
return-receipt requested, or by electronic mail (email) at the addresses provided. Notice
shall be deemed to have been given if personally delivered or sent by electronic mail
Purchase and Sale Agreement—COA/Zachary and Shawnee Beck—FINAL
King County Parcel# 3334100088
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Page 40 of 161
Docusign Envelope ID:ODA21 D4B-180A-4881-96F8-E61618AFB65A
(email), upon receipt, if sent by mail, two (2) days after duly placed in the U.S. Mail to all
of the addresses designated for such party.
The Parties' respective addresses for notices are as follows:
TO THE CITY TO BUYER
City of Auburn—Real Estate Division Zachary Beck
Attn: Josh Arndt 32021 104th P1 SE
25 West Main Auburn, WA 98092
Auburn, WA 98001 206.719.2296
253.288.4325 Zach@pacwestmech.com
Jarndt@auburnwa.gov
With copies to: With copies to:
City of Auburn—Legal Department Shawnee R. Beck
Attn: Jason Whalen, City Attorney 32021 104th P1 SE
25 West Main St Auburn, WA 98092
Auburn, WA 98001 206.458.3067
253.804.3108 Sditto96@comcast.net
JWhalen@auburnwa.gov
Notice of change of address shall be given by written notice in the manner detailed in this
Section.
14. General.
14.1. Entire Agreement. This is the entire Agreement (including the attached
Exhibits)of Buyer and Seller with respect to the matters covered hereby and supersedes all
prior agreements between them,written or oral. This Agreement may only be modified or
amended in writing, signed by Buyer and Seller. Any waivers must be in writing. No
waiver of any right or remedy in the event of default will constitute a waiver of such right
or remedy in the event of any subsequent default. Venue for disputes under this Agreement
is the Superior Court of King County, Washington.
14.2 Choice of Law. This Agreement will be governed by the laws of the State
of Washington.
14.3 No Third Party Beneficiaries/Severability. This Agreement is for the
benefit only of the Parties and shall inure to the benefit of and bind the heirs, personal
representatives, successors and permitted assigns of the parties. The invalidity or
unenforceability of any provision of this Agreement shall not affect the validity or
enforceability of any other provision. This Agreement may be executed in counterparts,
Purchase and Sale Agreement—COA/Zachary and Shawnee Beck—FINAL
King County Parcel# 3334100088
Page 8 of 14
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Docusign Envelope ID:ODA21 D4B-180A-4881-96F8-E61618AFB65A
each of which shall be deemed an original, but all of which together shall constitute one
and the same instrument.
14.4 Survival of Rights, Duties, and Obligations. The Parties' rights, duties,
covenants, and obligations shall survive Closing and the expiration or earlier termination
of this Agreement.
14.5 Indemnification. From and after Closing, and for a period of ten (10) years
from the Closing Date, Seller shall indemnify, defend, and hold Buyer harmless from and
against any and all claims and agency orders or requirements relating to or arising out of,
directly or indirectly, the Subject Property, except to the extent caused by the negligence
or willful misconduct of Buyer.
14.6 Signing Authority. Each of the Parties represents and warrants that the
individual signing this Agreement on its behalf is duly authorized to enter into this
Agreement and to execute and legally bind such Party to it. The City of Auburn's signing
authority is subject to Section 14.11.
14.7 Attorneys' Fees. In the event suit or action is instituted to interpret or
enforce the terms of this Agreement, the prevailing party is entitled to recover from the
other party such sum as the Court may adjudge reasonable as attorneys' fees, including
fees incurred at trial, on any appeal and in any petition for review.
14.8 Exclusivity. During the term of this Agreement, Seller will not market nor
list the Subject Property for sale, nor accept any offers from third parties with respect to
sale of the Subject Property.
14.9 Reservation of Police Power. Notwithstanding anything to the contrary set
forth in this Agreement, Buyer understands and acknowledges that City's authority to
exercise its police (regulatory) powers in accordance with applicable law shall not be
deemed limited by the provisions of this Agreement.
14.10 Counterparts. This Agreement and any amendments that may come to exist,
may be executed in as many counterparts as may be convenient or required. It shall not be
necessary that the signature of, or on behalf of, each Party, or that the signature of all
persons required to bind any Party, appear on each counterpart. All counterparts
collectively constitute a single instrument.
14.11 Approval by Auburn City Council. The Parties acknowledge and agree that
this Agreement is subject to the approval and ratification of the Auburn City Council.
14.12 No Broker. No broker, finder, agent or similar intermediary has acted for or
on behalf of the Buyer. Any broker, finder, agent or similar intermediary acting for or on
behalf of the Seller, if any, shall be paid from Seller's proceeds in accordance with Section
8.2.1 above.
Purchase and Sale Agreement—COA/Zachary and Shawnee Beck—FINAL
King County Parcel# 3334100088
Page 9 of 14
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Docusign Envelope ID:ODA21 D4B-180A-4881-96F8-E61618AFB65A
14.13 Exhibits. The following exhibits are attached and incorporated into this
Agreement by reference.
(i) Exhibit A—Legal Description of the Subject Property
(ii) Exhibit B—Seller Disclosure, Environmental
SIGNATURES
SELLER BUYER
CITY OF AUBURN
Signed by:
8/26/2025
Nancy Backus, Mayor Date: Zachary D. Beck: Date:
Signed by
I SIAM/L t r. tt,Gdc 8/26/2025
`U/bJ4bCb/tlbt4bU
Shawnee R. Beck Date:
Approved as to Form:
Jason Whalen, Auburn City Attorney
Purchase and Sale Agreement—COA/Zachary and Shawnee Beck—FINAL
King County Parcel# 3334100088
Page 10 of 14
Page 43 of 161
Docusign Envelope ID:ODA21 D4B-180A-4881-96F8-E61618AFB65A
EXHIBIT "A"
Legal Description
Beginning at a point on the westerly line of Green River Boulevard,
106.66 feet, south 17° east from the northeast corner of Lot 19 of
C.D. Hillman's Green River Addition No. 1, according to the plat
thereof recorded in Volume 17 of Plats, page 67, in King County,
Washington;
thence north 17° west, 106.66 feet along the westerly line of Green
River Boulevard to the northeast corner of Lot 19;
thence continuing along said westerly line, north 42'30' east, 108.78
feet to the northeast corner of Lot 18;
thence north 88°41' west, 237 feet, more or less, to the easterly
bank of the Green River;
thence southwesterly along the easterly bank of the Green River, 212
feet, more or less, to a point which bears north 89°41'07' west from
the TRUE POINT OP BEGINNING;
thence south 89'41'07" east, to the TRUE POINT OF BEGINNING;
EXCEPT THEREFROM any portion lying north of a line parallel to and
255 feet south as measured at right angles to the north line of the
northwest quarter of Section 17, Township 21 North, Range 5 Bast,
W.M. , in King County, Washington;
EXCEPT any portion of the following described tract:
Commencing at the northeast corner of Tract 16 of C.D. Hillman's
Green River Addition No. 1, according to the plat thereof recorded
in Volume 17 of Plats, page 67, in King County, Washington, also
being the intersection of the southerly right-of-way of 320th Street
Southeast and the westerly right-of-way of 104th Place Southeast;
thence north 89°41'07" west along said southerly right-of-way of 320th
Street Southeast a distance of 366.29 feet to the point of
beginning;
thence south 15°32'02" east, a distance of 314.27 feet;
thence north 89°41'07"• west, a distance of 24.73 feet to the east
bank of the Green River;
thence along said east bank north 19°26'25" west 82.16 feet, north
13°56'40" west 77.38 feet, north 18°19' 39" west 79.15 feet, north
10°41'09" west 76.40 feet to said southerly right-of-way of 320th
Street Southeast;
thence south 89°41'07" east, 25.61 feet to the point of beginning;
TOGETHER WITH that portion of the Green River Boulevard adjoining on
the east vacated by Board of County Commissioners under order of
vacation dated December 17, 1956.
(BRING KNOWN AS Parcel D of King County Boundary Line Adjustment
Number S92L0080, recorded under Recording Number 9307301336) ;
(legal description, continued)
Purchase and Sale Agreement—COA/Zachary and Shawnee Beck—FINAL
King County Parcel# 3334100088
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Docusign Envelope ID:ODA21 D4B-180A-4881-96F8-E61618AFB65A
LEGAL DESCRIPTION, continued:
TOGETHER WITH an undivided one-quarter interest in the following
described tract:
Commencing at the northeast corner of Tract 16, of C.D. Hillman's
Green River Addition No. 1, according to the plat thereof recorded
in Volume 17 of Plats, page 67, in King County, Washington, also
being the intersection of the southerly right-of-way of 320th Street
Southeast and the westerly right-of-way of 104th Place Southeast;
thence north 89°41'07' west along said southerly right-of-way of 320th
Street Southeast a distance of 366.29 feet to the point of
beginning;
thence south 15°32'02" east, a distance of 314 .27 feet;
thence north 89°41'07" west, a distance of 24.73 feet to the east
bank of the Green River;
thence along said east bank north 19626'25" west 82.16 feet, north
13°56'40' west 77.38 feet, north 18°19'39" west 79.15 feet, north
10°41'09' west 76.40 feet to said southerly right-of-way of 320th
Street Southeast;
thence south 89°41'07" east, 25.61 feet to the point of beginning;
(BEING KNOWN AS Parcel B of King County Boundary Line Adjustment
Number S92L0080, recorded under Recording Number 9307301336) .
END OF EXHIBIT A
King County Parcel number-3341000088
Purchase and Sale Agreement—COA/Zachary and Shawnee Beck—FINAL
King County Parcel# 3334100088
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Docusign Envelope ID:ODA21 D4B-180A-4881-96F8-E61618AFB65A
EXHIBIT "B"
Seller Disclosure—Environmental
ENVIRONMENTAL DISCLOSURE Yes No Don't N/A
Know
A Have there been any flooding,standing water,or drainage x
problems on the property that affect the property or access to
the property?
B Does any part of the property contain fill dirt,waste,or other x
fill materials?
C Is there any material damage to the property from fire,wind, x
floods,beach movements,earthquake,expansive soils,or
landslides?
D Are there any shorelines,wetlands,floodplains, or critical x
areas on the property?
E Are there any substances,materials,or products in or on the x
property that may be environmental concerns,such as
asbestos,formaldehyde,radon gas,lead-based paint,fuel or
chemical storage tanks,or contaminated soil or water?
F Has the property been used for commercial or industrial x
purposes?
G Is there any soil or groundwater contamination? x
H Are there transmission poles or other electrical utility x
equipment installed,maintained,or buried on the property
that do not provide utility service to the structures on the
property?
I Has the property been used as a legal or illegal dumping site? x
J Has the property been used as an illegal drug manufacturing x
site?
K Are there any radio towers in the area that cause interference x
with cellular telephone reception?
Purchase and Sale Agreement—COA/Zachary and Shawnee Beck—FINAL
King County Parcel# 3334100088
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Docusign Envelope ID:ODA21 D4B-180A-4881-96F8-E61618AFB65A
If you answered yes to any of the following,please give further details here.
D).The western boundary of the property is+/-30feet from the ordinary high-water mark of the Green
River.Therefore,the property is believed to be located within a shoreline designation area and
potentially in a floodway.Buyer is encouraged to investigate to their satisfaction.
Purchase and Sale Agreement—COA/Zachary and Shawnee Beck—FINAL
King County Parcel# 3334100088
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Page 47 of 161
CITY OF
} jJJ31JJ? ts4 AGENDA BILL APPROVAL FORM
WASHINGGTTON
Agenda Subject: Meeting Date:
Resolution No. 5855 (Hay) September 2, 2025
A Resolution ratifying the Mayor's execution of an allocation agreement and
participation forms related to opioid pharmacy and manufacturer
settlements
(RECOMMENDED ACTION: Move to adopt Resolution No. 5855.)
Department: Attachments: Budget Impact:
Human Services Resolution No. 5855, 9 Additional
Settlements
Administrative Recommendation:
City Council to adopt Resolution No. 5855.
Background for Motion:
Resolution No. 5855, if approved, will ratify the Mayor's execution of 9 additional allocation
agreements and participation forms related to additional opioid settlements.
Background Summary:
In September 2022, the City Council adopted Resolution No. 5682 authorizing the Mayor to enter into
a Memorandum of Understanding related to the Distributors Opioid litigation and settlement. In the
two and a half years since this date, there have been other opioid settlements that the State of
Washington has opted into.
Past City practice has been to rely on this authorization to enter into additional agreements upon the
recommendation of the State that all eligible jurisdictions participate, thereby increasing the total
payout to the state of Washington.
Upon discovering that Resolution No. 5682 specifically addressed the Distributor's settlement only, it
has now become necessary to seek an additional Resolution.
Councilmember: Yolanda Trout-Manuel Staff: Kent Hay
Page 48 of 161
RESOLUTION NO. 5855
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RATIFYING THE MAYOR'S
EXECUTION OF AN ALLOCATION AGREEMENT AND
PARTICIPATION FORMS RELATED TO OPIOID
PHARMACY AND MANUFACTURER SETTLEMENTS
WHEREAS, on September 19, 2022, the City Council adopted Resolution No.
5682 authorizing the Mayor to execute a Memorandum of Understanding and related
documents that enabled the City to participate in, and receive funds from, the settled
lawsuit; and
WHEREAS, on April 4th, 2025, the State of Washington settled additional lawsuits
against nine opioid distributors whose actions and practices contributed to the opioid
crisis currently facing the State and Washington localities; and
WHEREAS, the Attorney General's Office estimates that including these additional
settlements, eligible Washington local governments will receive a total of $578 million
from the opioid settlements ; and
WHEREAS, the settlements are contingent on a high percentage of eligible cities
and counties joining the settlements; and
WHEREAS, if all eligible cities and counties join the settlements the local
governments will receive half of the settlement funds ($289 million), which must be used
on abating the opioid crisis in their communities; and
WHEREAS, participating in the settlements requires the City to sign an allocation
agreement, which releases the nine manufacturers from any potential city claims, and
nine (9) separate Participation Forms no later than September 30, 2025, which document
the city's willingness to participate in the terms of the settlements; and
Resolution No. 5855
September 2nd, 2025
Page 1 of 2
Page 49 of 161
WHEREAS, in light of the devastating effects of the opioid crisis on the City and
the surrounding region, and the need for additional funding to support opioid treatment
and prevention, it is appropriate for the City to join in the settlements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The City Council ratifies the Mayor's execution, through the Mayor's
designee, of the nine (9) Participation Forms and the Allocation Agreement, attached
hereto, enabling the City to participate in, and receive money from additional, opioid
pharmacy and manufacturer settlements.
Section 2. The Mayor, or the Mayor's designee, is authorized to implement
those administrative procedures necessary to carry out the directives of this Resolution.
Section 3. This Resolution will take effect and be in full force on passage.
Dated and Signed this day of , 2025.
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
Shawn Campbell, MMC, City Clerk Jason Whalen, City Attorney
Resolution No. 5855
September 2nd, 2025
Page 2 of 2
Page 50 of 161
EXHIBIT K
Subdivision Participation and Release Form
Governmental Entity: City of Auburn State: Washington
Authorized Official: Ellen Mounts
Address 1: 25 West Main Street
Address 2:
City, State, Zip: Auburn, Washington 98001
Phone: 253.804.5018
Email: emounts@auburnwa.gov
The governmental entity identified above ("Governmental Entity"), in order to obtain and
in consideration for the benefits provided to the Governmental Entity pursuant to that certain
Governmental Entity & Shareholder Direct Settlement Agreement accompanying this
participation form (the "Agreement")1, and acting through the undersigned authorized official,
hereby elects to participate in the Agreement, grant the releases set forth below, and agrees as
follows.
1. The Governmental Entity is aware of and has reviewed the Agreement, and agrees that by
executing this Participation and Release Form, the Governmental Entity elects to
participate in the Agreement and become a Participating Subdivision as provided therein.
2. The Governmental Entity shall promptly after the Effective Date, and prior to the filing of
the Consent Judgment, dismiss with prejudice any Shareholder Released Claims and
Released Claims that it has filed. With respect to any Shareholder Released Claims and
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 httbs://nationalopioidsettlement.com.
3. The Governmental Entity agrees to the terms of the Agreement pertaining to Participating
Subdivisions as defined therein.
4. By agreeing to the terms of the Agreement and becoming a Releasor, the Governmental
Entity is entitled to the benefits provided therein, including, if applicable, monetary
payments beginning following the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Agreement
solely for the purposes provided therein.
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 and to the extent provided in, and for resolving disputes to the extent provided in, the
1 Capitalized terms used in this Exhibit K but not otherwise defined in this Exhibit K have the meanings given to
them in the Agreement or,if not defined in the Agreement,the Master Settlement Agreement.
K-1
Page 51 of 161
Agreement. 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 Agreement.
7. The Governmental Entity has the right to enforce the Agreement as provided therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Agreement, including without limitation all provisions of Article 10
(Release), and along with all departments, agencies, divisions, boards, commissions,
districts, instrumentalities of any kind and attorneys, and any person in his or her official
capacity whether elected or appointed to serve any of the foregoing and any agency,person,
or other entity claiming by or through any of the foregoing, and any other entity identified
in the definition of Subdivision Releasor, to the maximum extent of its authority, for good
and valuable consideration, the adequacy of which is hereby confirmed, the Shareholder
Released Parties and Released Parties are, as of the Effective Date, hereby released and
forever discharged by the Governmental Entity and its Subdivision Releasors from: any
and all Causes of Action,including,without limitation, any Estate Cause of Action and any
claims that the Governmental Entity or its Subdivision Releasors would have presently or
in the future been legally entitled to assert in its own right (whether individually or
collectively), notwithstanding section 1542 of the California Civil Code or any law of any
jurisdiction that is similar, comparable or equivalent thereto (which shall conclusively be
deemed waived), whether existing or hereinafter arising, in each case, (A) directly or
indirectly based on, arising out of, or in any way relating to or concerning, in whole or in
part, (i) the Debtors, as such Entities existed prior to or after the Petition Date, and their
Affiliates, (ii) the Estates, (iii) the Chapter 11 Cases, or (iv) Covered Conduct and (B) as
to which any conduct, omission or liability of any Debtor or any Estate is the legal cause
or is otherwise a legally relevant factor(each such release, as it pertains to the Shareholder
Released Parties, the "Shareholder Released Claims", and as it pertains to the Released
Parties other than the Shareholder Released Parties, the "Released Claims"). For the
avoidance of doubt and without limiting the foregoing: the Shareholder Released Claims
and Released Claims include any Cause of Action that has been or may be asserted against
any Shareholder Released Party or Released Party by the Governmental Entity or its
Subdivision Releasors (whether or not such party has brought such action or proceeding)
in any federal, state, or local action or proceeding (whether judicial, arbitral, or
administrative) (A) directly or indirectly based on, arising out of, or in any way relating to
or concerning, in whole or in part, (i) the Debtors, as such Entities existed prior to or after
the Petition Date, and their Affiliates, (ii) the Estates, (iii) the Chapter 11 Cases, or (iv)
Covered Conduct and (B) as to which any conduct, omission or liability of any Debtor or
any Estate is the legal cause or is otherwise a legally relevant factor.
9. 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 Shareholder Released
Claims or Released Claims against any Shareholder Released Party or Released Party in
any forum whatsoever, subject in all respects to Section 9.02 of the Master Settlement
Agreement. The releases provided for herein (including the term "Shareholder Released
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Page 52 of 161
Claims" and "Released Claims") are intended by the Governmental Entity and its
Subdivision Releasors to be broad and shall be interpreted so as to give the Shareholder
Released Parties and Released Parties the broadest possible release of any liability relating
in any way to Shareholder Released Claims and Released Claims and extend to the full
extent of the power of the Governmental Entity to release claims. The Agreement shall be
a complete bar to any Shareholder Released Claim and Released Claims.
10. To the maximum extent of the Governmental Entity's power, the Shareholder Released
Parties and the Released Parties are, as of the Effective Date, hereby released and
discharged from any and all Shareholder Released Claims and Released Claims of the
Subdivision Releasors.
11. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Agreement.
12. In connection with the releases provided for in the Agreement, 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 Shareholder Released Claims or such
other Claims released pursuant to this release, but each Governmental Entity hereby
expressly waives and fully, finally, and forever settles, releases and discharges, upon the
Effective Date, any and all Shareholder Released Claims or such other Claims released
pursuant to this release 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 Agreement.
13. Nothing herein is intended to modify in any way the terms of the Agreement, to which
Governmental Entity hereby agrees. To the extent any portion of this Participation and
Release Form not relating to the release of,or bar against,liability is interpreted differently
from the Agreement in any respect, the Agreement controls.
14. Notwithstanding anything to the contrary herein or in the Agreement, (x) nothing herein
shall (A)release any Excluded Claims or(B) be construed to impair in any way the rights
and obligations of any Person under the Agreement; and (y) the Releases set forth herein
shall be subject to being deemed void to the extent set forth in Section 9.02 of the Master
Settlement Agreement.
K-3
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I have all necessary power and authorization to execute this Participation and Release Form
on behalf of the Governmental Entity.
Signature:
Name: Ellen Mounts
Title: Financial Operations Manager
Date: 8/1/2025
K-4
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EXHIBIT K
Subdivision Participation and Release Form
Governmental Entity: City of Auburn State: WA
Authorized Official: Ellen Mounts
Address 1: 25 West Main Street
Address 2:
City, State, Zip: Auburn, WA 98001
Phone: 253.804.5018
Email: emounts@auburnwa.gov
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 April 4th, 2025 ("Alvogen Settlement"), and acting through the
undersigned authorized official, hereby elects to participate in the Alvogen Settlement, release
all Released Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Alvogen 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 Alvogen 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 [website link to national settlement website to be provided].
3. The Governmental Entity agrees to the terms of the Alvogen Settlement pertaining to
Participating Subdivisions as defined therein.
4. By agreeing to the terms of the Alvogen 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 Alvogen
Settlement solely for the purposes provided therein.
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 Alvogen Settlement.
The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel
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as provided in, and for resolving disputes to the extent otherwise provided in, the Alvogen
Settlement.
7. The Governmental Entity has the right to enforce the Alvogen Settlement as provided
therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Alvogen 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 his
or her official capacity whether elected or appointed to serve any of the foregoing and any
agency,person, or other entity claiming by or through any of the foregoing, 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 Alvogen 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 Alvogen 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 Alvogen Settlement.
10. In connection with the releases provided for in the Alvogen 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 Alvogen
Settlement.
K-2
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11. Nothing herein is intended to modify in any way the terms of the Alvogen Settlement, to
which Governmental Entity hereby agrees. To the extent this Participation and Release
Form is interpreted differently from the Alvogen Settlement in any respect, the Alvogen
Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form
on behalf of the Governmental Entity.
Signature: 7/de-G &
Name:
Ellen Mounts
Title: Financial Operations Manager
Date: 8/1/2025
K-3
Page 57 of 161
EXHIBIT K
Subdivision Participation and Release Form
Governmental Entity: City of Auburn State: WA
Authorized Official: Ellen Mounts
Address 1: 25 West Main Street
Address 2:
City, State, Zip: Auburn. WA 98001
Phone: 253.804.5018
Email: emounts@auburnwa.gov
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 April 4, 2025 ("Amneal Settlement"), and acting through the
undersigned authorized official, hereby elects to participate in the Amneal Settlement,
release all Released Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Amneal 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 Amneal 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 [website link to national settlement website to be provided].
3. The Governmental Entity agrees to the terms of the Amneal Settlement pertaining to
Participating Subdivisions as defined therein.
4. By agreeing to the terms of the Amneal 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 Amneal
Settlement solely for the purposes provided therein.
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 Amneal Settlement.
The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel
K-1
Page 58 of 161
as provided in, and for resolving disputes to the extent otherwise provided in, the Amneal
Settlement.
7. The Governmental Entity has the right to enforce the Amneal Settlement as provided
therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Amneal Settlement, including without limitation 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 his
or her official capacity whether elected or appointed to serve any of the foregoing and any
agency,person, or other entity claiming by or through any of the foregoing, 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 Amneal 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 Amneal 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 Amneal Settlement.
10. In connection with the releases provided for in the Amneal 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 Amneal
Settlement.
K-2
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11. Nothing herein is intended to modify in any way the terms of the Amneal Settlement, to
which Governmental Entity hereby agrees. To the extent this Participation and Release
Form is interpreted differently from the Amneal Settlement in any respect, the Amneal
Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form
on behalf of the Governmental Entity.
Signature: . -�
Name: Ellen Mounts
Title: Financial Services Manager
Date: 8/1/2025
K-3
Page 60 of 161
EXHIBIT K
Subdivision Participation and Release Form
Governmental Entity: City of Auburn State: WA
Authorized Official: Ellen Mounts
Address 1: 25 West Main Street
Address 2:
City, State, Zip: Auburn. WA 98001
Phone: 253.804.5018
Email: emounts@auburnwa.gov
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 April 4, 2025 ("Apotex Settlement"), and acting through the
undersigned authorized official, hereby elects to participate in the Apotex Settlement,
release all Released Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Apotex 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 Apotex 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 [website link to national settlement website to be provided].
3. The Governmental Entity agrees to the terms of the Apotex Settlement pertaining to
Participating Subdivisions as defined therein.
4. By agreeing to the terms of the Apotex 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 Apotex
Settlement solely for the purposes provided therein.
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 Apotex Settlement.
The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel
K-1
Page 61 of 161
as provided in, and for resolving disputes to the extent otherwise provided in, the Apotex
Settlement.
7. The Governmental Entity has the right to enforce the Apotex Settlement as provided
therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Apotex 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 his or her official
capacity whether elected or appointed to serve any of the foregoing and any agency,person,
or other entity claiming by or through any of the foregoing, 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 Apotex
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 Apotex 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 Apotex Settlement.
10. In connection with the releases provided for in the Apotex 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 Apotex
Settlement.
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11. Nothing herein is intended to modify in any way the terms of the Apotex Settlement, to
which Governmental Entity hereby agrees. To the extent this Participation and Release
Form is interpreted differently from the Apotex Settlement in any respect, the Apotex
Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form
on behalf of the Governmental Entity.
Signature: � 7/-eGa2t, -
Name: Ellen Mounts
Title: Financial Services Manager
Date: 8/1/2025
K-3
Page 63 of 161
EXHIBIT K
Subdivision Participation and Release Form
Governmental Entity: City of Auburn State: WA
Authorized Official: Ellen Mounts
Address 1: 25 West Main Street
Address 2:
City, State, Zip: Auburn. WA 98001
Phone: 253.804.5018
Email: emounts@auburnwa.gov
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 April 4, 2025 ("Hickma Settlement"), and acting through the
undersigned authorized official, hereby elects to participate in the Hickma Settlement,
release all Released Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Hickma 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 Hickma 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 [website link to national settlement website to be provided].
3. The Governmental Entity agrees to the terms of the Hickma Settlement pertaining
to Participating Subdivisions as defined therein.
4. By agreeing to the terms of the Hickma 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 Hickma
Settlement solely for the purposes provided therein.
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 Hickma Settlement.
The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel
K-1
Page 64 of 161
as provided in, and for resolving disputes to the extent otherwise provided in, the Hickma
Settlement.
7. The Governmental Entity has the right to enforce the Hickma Settlement as provided
therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Hickma 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 his or her official
capacity whether elected or appointed to serve any of the foregoing and any agency,person,
or other entity claiming by or through any of the foregoing, 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 Hickma
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 Hickma 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 Hickma Settlement.
10. In connection with the releases provided for in the Hickma 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
Hickma Settlement.
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Page 65 of 161
11. Nothing herein is intended to modify in any way the terms of the Apotex Settlement, to
which Governmental Entity hereby agrees. To the extent this Participation and Release
Form is interpreted differently from the Hickma Settlement in any respect, the
Hickma Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form
on behalf of the Governmental Entity.
Signature: � 6frtzi2 -
Name: Ellen Mounts
Title: Financial Services Manager
Date: 8/1/2025
K-3
Page 66 of 161
EXHIBIT K
Subdivision Participation and Release Form
Governmental Entity: City of Auburn State: WA
Authorized Official: Ellen Mounts
Address 1: 25 West Main Street
Address 2:
City, State, Zip: Auburn. WA 98001
Phone: 253.804.5018
Email: emounts@auburnwa.gov
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 April 4, 2025 ("Indivior Settlement"), and acting through the
undersigned authorized official, hereby elects to participate in the Indivior Settlement,
release all Released Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Indivior 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 Indivior 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 [website link to national settlement website to be provided by the States].
3. The Governmental Entity agrees to the terms of the Indivior Settlement pertaining to
Participating Subdivisions as defined therein.
4. By agreeing to the terms of the Indivior 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 Indivior
Settlement solely for the purposes provided therein.
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 Indivior Settlement.
The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel
K-1
Page 67 of 161
as provided in, and for resolving disputes to the extent otherwise provided in, the Indivior
Settlement.
7. The Governmental Entity has the right to enforce the Indivior Settlement as provided
therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Indivior Settlement, including without limitation 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 his
or her official capacity whether elected or appointed to serve any of the foregoing and any
agency,person, or other entity claiming by or through any of the foregoing, 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 Indivior 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 Indivior 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 Indivior Settlement.
10. In connection with the releases provided for in the Indivior 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 Indivior
Settlement.
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Page 68 of 161
11. Nothing herein is intended to modify in any way the terms of the Indivior Settlement, to
which Governmental Entity hereby agrees. To the extent this Participation and Release
Form is interpreted differently from the Indivior Settlement in any respect, the Indivior
Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form
on behalf of the Governmental Entity.
Signature: � 7l�G c v
Name: Ellen Mounts
Title: Financial Services Manager
Date:
8/1/2025
K-3
Page 69 of 161
EXHIBIT K
Subdivision Particination and Release Form
Governmental Entity: City of Auburn State: WA
Authorized Official: Ellen Mounts
Address 1: 25 West Main Street
Address 2:
City, State, Zip: Auburn. WA 98001
Phone: 253_R04.501 R
Email: emounts@auburnwa.gov
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 April 4, 2025 ("Mylan Settlement"), and acting through the undersigned
authorized official, hereby elects to participate in the Mylan Settlement, release all Released
Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Mylan 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 Mylan 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 [website link to national settlement website to be provided].
3. The Governmental Entity agrees to the terms of the Mylan Settlement pertaining to
Participating Subdivisions as defined therein.
4. By agreeing to the terms of the Mylan 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 Mylan
Settlement solely for the purposes provided therein.
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 Mylan Settlement.
The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel
K-1
Page 70 of 161
as provided in, and for resolving disputes to the extent otherwise provided in, the Mylan
Settlement.
7. The Governmental Entity has the right to enforce the Mylan Settlement as provided therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Mylan Settlement, including without limitation 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 his or her official
capacity whether elected or appointed to serve any of the foregoing and any agency,person,
or other entity claiming by or through any of the foregoing, 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 Mylan
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 Mylan 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 Mylan Settlement.
10. In connection with the releases provided for in the Mylan 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 Mylan
Settlement.
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Page 71 of 161
11. Nothing herein is intended to modify in any way the terms of the Mylan Settlement, to
which Governmental Entity hereby agrees. To the extent this Participation and Release
Form is interpreted differently from the Mylan Settlement in any respect, the Mylan
Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form
on behalf of the Governmental Entity.
Signature: � 4 .�
Name: Ellen Mounts
Title: Financial Services Manager
Date:
8/1/25
K-3
Page 72 of 161
EXHIBIT K
Subdivision Participation and Release Form
Governmental Entity: City of Auburn State: WA
Authorized Official: Ellen Mounts
Address 1: 25 West Main Street
Address 2:
City, State, Zip: Auburn. WA 98001
Phone: 253.804.5018
Email: emounts@auburnwa.gov
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 April 4, 2025 ("Sun Settlement"), and acting through the undersigned
authorized official, hereby elects to participate in the Sun Settlement, release all Released
Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Sun 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 Sun 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 [website link to national settlement website to be provided].
3. The Governmental Entity agrees to the terms of the Sun Settlement pertaining to
Participating Subdivisions as defined therein.
4. By agreeing to the terms of the Sun 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 Sun Settlement
solely for the purposes provided therein.
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 Sun Settlement.
The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel
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as provided in, and for resolving disputes to the extent otherwise provided in, the Sun
Settlement.
7. The Governmental Entity has the right to enforce the Sun Settlement as provided therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Sun Settlement, including without limitation 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 his or her official
capacity whether elected or appointed to serve any of the foregoing and any agency,person,
or other entity claiming by or through any of the foregoing, 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 Sun 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 Sun 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 Sun Settlement.
10. In connection with the releases provided for in the Sun 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 Sun Settlement.
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11. Nothing herein is intended to modify in any way the terms of the Sun Settlement,to which
Governmental Entity hereby agrees. To the extent this Participation and Release Form is
interpreted differently from the Sun Settlement in any respect,the Sun Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form
on behalf of the Governmental Entity.
Signature: � /deGc ,2
Name: Ellen Mounts
Title: Financial Services Manager
8/1/2025
Date:
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EXHIBIT K
Subdivision Participation and Release Form
Governmental Entity: City of Auburn State: WA
Authorized Official: Ellen Mounts
Address 1: 25 West Main Street
Address 2:
City, State, Zip: Auburn. WA 98001
Phone: 253.804.5018
Email: emounts@auburnwa.gov
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 [date] ("Zydus Settlement"), and acting through the undersigned
authorized official, hereby elects to participate in the Zydus Settlement, release all Released
Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Zydus 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 Zydus 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 [website link to national settlement website to be provided].
3. The Governmental Entity agrees to the terms of the Zydus Settlement pertaining to
Participating Subdivisions as defined therein.
4. By agreeing to the terms of the Zydus 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 Zydus
Settlement solely for the purposes provided therein.
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 Zydus Settlement.
The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel
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as provided in, and for resolving disputes to the extent otherwise provided in, the Zydus
Settlement.
7. The Governmental Entity has the right to enforce the Zydus Settlement as provided therein.
8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Zydus Settlement,including without limitation 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 his or her official
capacity whether elected or appointed to serve any of the foregoing and any agency,person,
or other entity claiming by or through any of the foregoing, 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 Zydus
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 Zydus 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 Zydus Settlement.
10. In connection with the releases provided for in the Zydus 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 Zydus
Settlement.
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11. Nothing herein is intended to modify in any way the terms of the Zydus Settlement, to
which Governmental Entity hereby agrees. To the extent this Participation and Release
Form is interpreted differently from the Zydus Settlement in any respect, the Zydus
Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form
on behalf of the Governmental Entity.
Signature: C �G �
Name: Ellen Mounts
Title: Financial Services Manager
Date: 8/1/2025
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WASHINGTON STATE ALLOCATION AGREEMENT GOVERNING THE
ALLOCATION OF FUNDS PAID BY THE PURDUE BANKRUPTCY, SACKLERS,
AND CERTAIN OPIOID MANUFACTURERS
JULY 24, 2025
This Washington State Allocation Agreement Governing the Allocation of Funds Paid by
the Purdue Bankruptcy, Sacklers, and Certain Opioid Manufacturers (the "Allocation Agreement
IV") governs the distribution of funds obtained from(1)the Purdue Bankruptcy and Sackler
Direct Claims Settlement, (2)the Alvogen Settlement, (3)the Amneal Settlement, (4)the Apotex
Settlement, (5) the Hikma Settlement, (6)the Indivior Settlement, (7)the Mylan Settlement, (8)
the Sun Settlement, and(9)the Zydus Settlement in connection with the resolution of any and all
claims by the State of Washington and the eligible counties, cities, and towns in Washington
State ("Local Governments") against the Settling Entities defined in the respective Settlement
Agreements via the following settlements and bankruptcy plan of reorganization:
• (1) The 13th Amended Joint Chapter 11 Plan of Reorganization of Purdue Pharma
L.P. and its Affiliated Debtors (the "Purdue Plan") , including and amendments
thereto and all "Plan Documents" as defined therein, if the "Effective Date" as
defined therein has occurred; (2) the Master Settlement Agreement By and
Among the Master Disbursement Trust, Each of the Parties Listed On Exhibit A
Hereto, Each of the Parties Listed on Exhibit B Hereto, the Sackler Parties'
Representative and PR L.P. and any subsequent amendments, and(3)
Government Entity & Shareholder Direct Settlement Agreement and any
subsequent amendments (collectively, the "Purdue Bankruptcy and Sackler Direct
Claims Settlement").
• Alvogen Settlement Agreement dated April 4, 2025 and any subsequent
amendments ("Alvogen Settlement").
• Amneal Settlement Agreement dated April 4, 2025 and any subsequent
amendments ("Amneal Settlement").
• Apotex Settlement Agreement dated April 4, 2025 and any subsequent
amendments ("Apotex Settlement").
• Hikma Settlement Agreement dated April 4, 2025 and any subsequent
amendments ("Hikma Settlement").
• Indivior Settlement Agreement dated April 4, 2025 and any subsequent
amendments ("Indivior Settlement").
• Mylan Settlement Agreement dated April 4, 2025 and any subsequent
amendments ("Mylan Settlement").
• Sun Settlement Agreement dated April 4, 2025 and any subsequent amendments
("Sun Settlement")
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• Zydus Settlement Agreement dated April 4, 2025 and any subsequent
amendments ("Zydus Settlement")
Collectively, the Purdue Bankruptcy and Sackler Settlement,Alvogen Settlement, Amneal
Settlement, Apotex Settlement, Hikma Settlement, Indivior Settlement, Mylan Settlement, Sun
Settlement, and the Zydus Settlement shall be referred to as "the Settlements". The Settlements
can be accessed at https://nationalopioidsettlement.com/and the Purdue Plan can be accessed at
https://restructuring.ra.kroll.com/purduepharma/Home-
Docketlnfo?DocAttribute=4218&DocAttrName=PlanDisclosureStatement&MenuID=9013&Att
ributeName=Plan%20%26%20Disclosure%20Statement.The terms and definitions of each of the
respective Settlements are incorporated into this Allocation Agreement IV, and any undefined
terms in this Allocation Agreement IV are as defined in the Settlements.
1. This Allocation Agreement IV is intended to be a State-Subdivision Agreement as
defined in the Settlements. This Allocation Agreement IV shall be interpreted to
be consistent with the requirements of a State-Subdivision Agreement in the
Settlements.
2. This Allocation Agreement IV shall become effective with respect to a Settlement
only if all of the following occur:
A. The State of Washington joins such Settlement and becomes a Settling
State as provided for in the respective Settlement and, with respect to the
Purdue Bankruptcy and Sackler Settlement the State of Washington votes
in favor of the Purdue Plan or does not vote against the Purdue Plan, and
does not object to the confirmation of the Purdue Plan.
B. Such Settlement becomes final and effective and a Consent Judgment that
applies to Washington is filed and approved as provided for in the
respective Settlement. For the Purdue Bankruptcy, the "Effective Date" as
defined in the Purdue Plan has occurred.
C. The number of Local Governments that execute and return this Allocation
Agreement IV satisfies the participation requirements for a State-
Subdivision Agreement as specified in such Settlement.
3. Requirements to become a Participating Local Government. To become a
Participating Local Government that can participate in this Allocation Agreement
IV 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 IV.
B. The Local Government must do the following:
i. Release its claims against the Settling Entities identified in the
respective Settlements and agree to be bound by the terms of the
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Settlements by timely executing and returning the Participation
Form for that Settlement and any other necessary documents.
ii. Additionally, for the Purdue Bankruptcy and Sackler Direct Claims
Settlement, either(1) vote in favor of or(2) abstain from voting on
the Chapter 11 Plan of Reorganization of Purdue Pharma L.P. and
its Affiliated Debtors, and(3) not object to the confirmation of the
Purdue Plan.
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 Local Government that is eligible to participate in this Allocation
Agreement IV 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 1. By executing
this Allocation Agreement IV, the Local Government agrees and affirms
that the MOU applies to and shall govern the LG Share, as defined below,
as modified by this Allocation Agreement IV 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. The allocations set forth in this Allocation Agreement IV apply to the following,
all of which collectively shall be referred to as the "Washington Abatement
Amount":
A. For the Purdue Bankruptcy and Sackler Settlement, all amounts
(collectively, "Washington Distributions") that are apportioned to
Washington as Estate Distributions or from the Shareholder Direct
Settlement Portion, including, without limitation, those to Washington's
State Fund, Remediation Accounts Fund, Subdivision Fund, Direct
Payment, Earned Direct Payment, and Estate Distributions for Washington
and all Participating Local Governments for the Purdue Bankruptcy and
Sackler Settlement,provided, however, that for the purposes of the
allocations set forth in this Allocation Agreement IV, Washington
Distributions shall not include State's Fees and Costs (as defined below).
This Allocation Agreement IV shall be considered a State-Subdivision
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Agreement under the Government Entity& Shareholder Direct Settlement
Agreement.
B. For the Alvogen Settlement, the State of Washington's (1) Statewide
Payment Amount and(2)Additional Remediation Amount.
C. For the Amneal Settlement, the State of Washington's (1) State Allocation
and(2)Additional Remediation Amount.
D. For the Apotex Settlement, the State of Washington's (1) Statewide
Payment Amount and(2)Additional Remediation Amount.
E. For the Hikma Settlement, the State of Washington's (1) Statewide
Payment Amount and(2)Additional Remediation Amount.
F. For the Indivior Settlement, the State of Washington's (1) Statewide
Payment Amount and(2)Additional Remediation Amount.
G. For the Mylan Settlement, the State of Washington's (1) Statewide
Payment Amount and(2)Additional Remediation Amount.
H. For the Sun Settlement, the State of Washington's (1) Statewide Payment
Amount and(2)Additional Remediation Amount.
I. For the Zydus Settlement, the State of Washington's (1) Statewide
Payment Amount and(2)Additional Remediation Amount.
As specified in each of the Settlements, the Washington Abatement Amount will
vary depending on the percentage of Participating Local Governments and
whether there are any Later Litigating Subdivisions.
5. The (1) Amneal Settlement, (2) Hikma Settlement, and(3) Indivior Settlement
each provide 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 as specified in those Settlements 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 for each of those Settlements. If the State elects to obtain Settlement
Product for a particular Settlement,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 IV, the Settlement Product allocated to Washington shall be
considered"State Share" and shall have the cash conversion value assigned to it
in the respective Settlement Agreements, i.e., the "Settlement Product Cash
Conversion Amount" or the "Cash Conversion Amount" identified in those
settlements.
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6. The allocations set forth in this Allocation Agreement IV do not apply to (i) the
State Cost Fund, State AG Fees and Costs, State Expense Fund, State AG Fees,
State Direct Expenses, or any attorneys' fees, fees, costs, or expenses referred to
in the Settlement or via Fee Petitions or that are paid directly or indirectly via the
Settlements or court order to the State of Washington and/or its outside counsels
("State's Fees and Costs") or to (ii) any payments made to Participating
Subdivisions pursuant to section 5.9 of the Purdue Plan, which provides for a
Local Government Fee Fund.
7. This Allocation Agreement IV 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 IV 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
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 IV shall be used to fund the
Government Fee Fund("GFF")referred to in Paragraph 12 of this Allocation
Agreement IV 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 1 as amended and modified in this Allocation
Agreement IV.
12. For purposes of this Allocation Agreement IV only, the MOU is modified as
follows and any contrary provisions in the MOU are struck:
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A. Exhibit A of the MOU is replaced by the Exhibit specifying the List of
Opioid Remediation Uses for each of the respective Settlements, which
generally can be found at Exhibit E 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 and shall also include any local government that notified
Judge Polster in Case No. 1:17-md-02804-DAP of its intent to sue any of
the settling entities that are covered by this Allocation Agreement.
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 and expressly includes the Chapter 11 Plan of Reorganization
of Purdue Pharma L.P. and its Affiliated Debtors.
E. The MOU is amended to add new Section C.4.g.vIV, 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
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 C.4.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.IVi 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 MOU and 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).
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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 Settlement 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
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.
I. 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 a 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, as well as the Purdue Plan, amounts due to
Participating Litigating Subdivisions' attorneys under this Allocation
Agreement IV 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.
J. 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
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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 as well as any
payments made to Participating Subdivisions pursuant to section 5.9 of the
Purdue Plan 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 IV apply) of
any Litigating Local Government contingency fee agreement referred to
above has been met.
L. To the extent there are any excess funds in the GFF, 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
IV, 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 IV 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 IV 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 IV.
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.
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18. Venue for any legal action related to this Allocation Agreement IV (separate and
apart from the MOU or the Settlements) shall be in King County, Washington.
Washington law shall govern any dispute.
19. Each party represents that all procedures necessary to authorize such party's
execution of this Allocation Agreement IV have been performed and that such
person signing for such party has been authorized to execute this Allocation
Agreement IV.
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FOR THE STATE OF WASHINGTON:
NICHOLAS W. BROWN
Attorney General
JEF Y
Division C'e
Date: 17 — cam` -
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FOR THE PARTICIPATING LOCAL GOVERNMENT:
Name of Participating Local Government: City of Auburn, Washington
Authorized signature: �ca'.-
Name: Ellen Mounts
Title: Financial Operations Manager
8/1/2025
Date:
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EXHIBIT 1
One Washington Memorandum of Understanding Between Washington Municipalities
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ONE WASHINGTON MEMORANDUM OF UNDERSTANDING BETWEEN
WASHINGTON MUNICIPALITIES
Whereas, the people of the State of Washington and its communities have been harmed by
entities within the Pharmaceutical Supply Chain who manufacture, distribute, and dispense
prescription opioids;
Whereas, certain Local Governments, through their elected representatives and counsel,
are engaged in litigation seeking to hold these entities within the Pharmaceutical Supply Chain of
prescription opioids accountable for the damage they have caused to the Local Governments;
Whereas, Local Governments and elected officials share a common desire to abate and
alleviate the impacts of harms caused by these entities within the Pharmaceutical Supply Chain
throughout the State of Washington, and strive to ensure that principals of equity and equitable
service delivery are factors considered in the allocation and use of Opioid Funds; and
Whereas, certain Local Governments engaged in litigation and the other cities and counties
in Washington desire to agree on a form of allocation for Opioid Funds they receive from entities
within the Pharmaceutical Supply Chain.
Now therefore, the Local Governments enter into this Memorandum of Understanding
("MOU") relating to the allocation and use of the proceeds of Settlements described.
A. Definitions
As used in this MOU:
1. "Allocation Regions" are the same geographic areas as the existing
nine (9) Washington State Accountable Community of Health(ACH) Regions
and have the purpose described in Section C below.
2. "Approved Purpose(s)" shall mean the strategies specified and set
forth in the Opioid Abatement Strategies attached as Exhibit A.
3. "Effective Date" shall mean the date on which a court of
competent jurisdiction enters the first Settlement by order or consent decree. The
Parties anticipate that more than one Settlement will be administered according to
the terms of this MOU, but that the first entered Settlement will trigger allocation
of Opioid Funds in accordance with Section B herein, and the formation of the
Opioid Abatement Councils in Section C.
4. "Litigating Local Government(s)" shall mean Local Governments
that filed suit against any Pharmaceutical Supply Chain Participant pertaining to
the Opioid epidemic prior to September 1, 2020.
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5. "Local Government(s)" shall mean all counties, cities, and towns
within the geographic boundaries of the State of Washington.
6. "National Settlement Agreements"means the national opioid
settlement agreements dated July 21, 2021 involving Johnson & Johnson, and
distributors AmerisourceBergen, Cardinal Health and McKesson as well as their
subsidiaries, affiliates, officers, and directors named in the National Settlement
Agreements, including all amendments thereto.
7. "Opioid Funds" shall mean monetary amounts obtained through a
Settlement as defined in this MOU.
8. "Opioid Abatement Council" shall have the meaning described in
Section C below.
9. "Participating Local Government(s)" shall mean all counties,
cities, and towns within the geographic boundaries of the State that have chosen
to sign on to this MOU. The Participating Local Governments may be referred to
separately in this MOU as "Participating Counties" and"Participating Cities and
Towns" (or"Participating Cities or Towns,"as appropriate) or"Parties."
10. "Pharmaceutical Supply Chain" shall mean the process and
channels through which controlled substances are manufactured, marketed,
promoted, distributed, and/or dispensed, including prescription opioids.
11. "Pharmaceutical Supply Chain Participant" shall mean any entity
that engages in or has engaged in the manufacture, marketing,promotion,
distribution, and/or dispensing of a prescription opioid, including any entity that
has assisted in any of the above.
12. "Qualified Settlement Fund Account," or"QSF Account," shall
mean an account set up as a qualified settlement fund, 468b fund, as authorized by
Treasury Regulations 1.468B-1(c) (26 CFR §1.468B-1).
13. "Regional Agreements" shall mean the understanding reached by
the Participating Local Counties and Cities within an Allocation Region
governing the allocation, management, distribution of Opioid Funds within that
Allocation Region.
14. "Settlement" shall mean the future negotiated resolution of legal or
equitable claims against a Pharmaceutical Supply Chain Participant when that
resolution has been jointly entered into by the Participating Local
Governments. "Settlement" expressly does not include a plan of reorganization
confirmed under Title 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-md-02804-DAP. The
allocation model uses three equally weighted factors: (1)the amount of opioids
shipped to the county; (2) the number of opioid deaths that occurred in that
county; and(3) the number of people who suffer opioid use disorder in that
county. The allocation percentages that result from application of this
methodology are set forth in the "County Total"line item in Exhibit B. In the
event any county does not participate in this MOU, that county's percentage share
shall be reallocated proportionally amongst the Participating Counties by applying
this same methodology to only the Participating Counties.
4. Allocation and distribution of Opioid Funds within each
Participating County will be based on regional agreements as described in
Section C.
C. Regional Agreements
1. For the purpose of this MOU, the regional structure for decision-
making related to opioid fund allocation will be based upon the nine(9) pre-
defined Washington State Accountable Community of Health Regions (Allocation
Regions). Reference to these pre-defined regions is solely for the purpose of
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drawing geographic boundaries to facilitate regional agreements for use of Opioid
Funds. The Allocation Regions are as follows:
• King County (Single County Region)
• Pierce County (Single County Region)
• Olympic Community of Health Region (Clallam, Jefferson, and Kitsap
Counties)
• Cascade Pacific Action Alliance Region (Cowlitz, Grays Harbor, Lewis,
Mason, Pacific, Thurston, and Wahkiakum Counties)
• North Sound Region (Island, San Juan, Skagit, Snohomish, and Whatcom
Counties)
• SouthWest Region (Clark, Klickitat, and Skamania Counties)
• Greater Columbia Region (Asotin, Benton, Columbia, Franklin, Garfield,
Kittitas, Walla Walla, Whitman, and Yakima Counties)
• Spokane Region (Adams, Ferry, Lincoln, Pend Oreille, Spokane, and
Stevens Counties)
• North Central Region(Chelan, Douglas, Grant, and Okanogan Counties)
2. Opioid Funds will be allocated, distributed and managed within
each Allocation Region, as determined by its Regional Agreement as set forth
below. If an Allocation Region does not have a Regional Agreement enumerated
in this MOU, and does not subsequently adopt a Regional Agreement per Section
C.5, the default mechanism for allocation, distribution and management of Opioid
Funds described in Section C.4.a will apply. Each Allocation Region must have
an OAC whose composition and responsibilities shall be defined by Regional
Agreement or as set forth in Section C.4.
3. King County's Regional Agreement is reflected in Exhibit C to this
MOU.
4. All other Allocation Regions that have not specified a Regional
Agreement for allocating, distributing and managing Opioid Funds, will apply
the following default methodology:
a. Opioid Funds shall be allocated within each Allocation Region by
taking the allocation for a Participating County from Exhibit B and
apportioning those funds between that Participating County and its
Participating Cities and Towns. Exhibit B also sets forth the allocation to
the Participating Counties and the Participating Cities or Towns within the
Counties based on a default allocation formula. As set forth above in
Section B.3, to determine the allocation to a county, this formula utilizes:
(1) the amount of opioids shipped to the county; (2) the number of opioid
deaths that occurred in that county; and(3) the number of people who
suffer opioid use disorder in that county. To determine the allocation
within a county, the formula utilizes historical federal data showing how
the specific Counties and the Cities and Towns within the Counties have
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made opioids epidemic-related expenditures in the past. This is the same
methodology used in the National Settlement Agreements for county and
intra-county allocations. A Participating County, and the Cities and Towns
within it may enter into a separate intra-county allocation agreement to
modify how the Opioid Funds are allocated amongst themselves, provided
the modification is in writing and agreed to by all Participating Local
Governments in the County. Such an agreement shall not modify any of
the other terms or requirements of this MOU.
b. 10% of the Opioid Funds received by the Region will be reserved,
on an annual basis, for administrative costs related to the OAC. The OAC
will provide an annual accounting for actual costs and any reserved funds
that exceed actual costs will be reallocated to Participating Local
Governments within the Region.
c. Cities and towns with a population of less than 10,000 shall be
excluded from the allocation, with the exception of cities and towns that
are Litigating Participating Local Governments. The portion of the Opioid
Funds that would have been allocated to a city or town with a population
of less than 10,000 that is not a Litigating Participating Local Government
shall be redistributed to Participating Counties in the manner directed
in C.4.a above.
d. Each Participating County, City, or Town may elect to have its
share re-allocated to the OAC in which it is located. The OAC will then
utilize this share for the benefit of Participating Local Governments within
that Allocation Region, consistent with the Approved Purposes set forth in
Exhibit A. A Participating Local Government's election to forego its
allocation of Opioid Funds shall apply to all future allocations unless the
Participating Local Government notifies its respective OAC otherwise. If a
Participating Local Government elects to forego its allocation of the
Opioid Funds, the Participating Local Government shall be excused from
the reporting requirements set forth in this Agreement.
e. Participating Local Governments that receive a direct
payment maintain full discretion over the use and distribution of their
allocation of Opioid Funds,provided the Opioid Funds are used solely for
Approved Purposes. Reasonable administrative costs for a Participating
Local Government to administer its allocation of Opioid Funds shall not
exceed actual costs or 10% of the Participating Local Government's
allocation of Opioid Funds, whichever is less.
f. A Local Government that chooses not to become a Participating
Local Government will not receive a direct allocation of Opioid Funds.
The portion of the Opioid Funds that would have been allocated to a Local
Government that is not a Participating Local Government shall be
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redistributed to Participating Counties in the manner directed
in C.4.a above.
g. As a condition of receiving a direct payment, each Participating
Local Government that receives a direct payment agrees to undertake the
following actions:
i. Developing a methodology for obtaining proposals for use
of Opioid Funds.
ii. Ensuring there is opportunity for community-based input
on priorities for Opioid Fund programs and services.
iii. Receiving and reviewing proposals for use of Opioid Funds
for Approved Purposes.
iv. Approving or denying proposals for use of Opioid
Funds for Approved Purposes.
v. Receiving funds from the Trustee for approved proposals
and distributing the Opioid Funds to the recipient.
vi. Reporting to the OAC and making publicly available all
decisions on Opioid Fund allocation applications,
distributions and expenditures.
h. Prior to any distribution of Opioid Funds within the Allocation
Region, The Participating Local Governments must establish an Opioid
Abatement Council (OAC) to oversee Opioid Fund allocation,
distribution, expenditures and dispute resolution. The OAC may be a
preexisting regional body or may be a new body created for purposes of
executing the obligations of this MOU.
i. The OAC for each Allocation Region shall be composed of
representation from both Participating Counties and Participating Towns
or Cities within the Region. The method of selecting members, and the
terms for which they will serve will be determined by the Allocation
Region's Participating Local Governments. All persons who serve on the
OAC must have work or educational experience pertaining to one or more
Approved Uses.
j. The Regional OAC will be responsible for the following actions:
i. Overseeing distribution of Opioid Funds from Participating
Local Governments to programs and services within the
Allocation Region for Approved Purposes.
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ii. Annual review of expenditure reports from
Participating Local Jurisdictions within the Allocation
Region for compliance with Approved Purposes and the
terms of this MOU and any Settlement.
iii. In the case where Participating Local Governments chose
to forego their allocation of Opioid Funds:
(i) Approving or denying proposals by Participating Local
Governments or community groups to the OAC for use of
Opioid Funds within the Allocation Region.
(ii) Directing the Trustee to distribute Opioid Funds for use
by Participating Local Governments or community groups
whose proposals are approved by the OAC.
(iii) Administrating and maintaining records of all OAC
decisions and distributions of Opioid Funds.
iv. Reporting and making publicly available all decisions on
Opioid Fund allocation applications, distributions and
expenditures by the OAC or directly by Participating Local
Governments.
v. Developing and maintaining a centralized public dashboard
or other repository for the publication of expenditure data
from any Participating Local Government that receives
Opioid Funds, and for expenditures by the OAC in that
Allocation Region, which it shall update at least annually.
vi. If necessary, requiring and collecting additional outcome-
related data from Participating Local Governments to
evaluate the use of Opioid Funds, and all Participating
Local Governments shall comply with such requirements.
vii. Hearing complaints by Participating Local Governments
within the Allocation Region regarding alleged failure to
(1) use Opioid Funds for Approved Purposes or(2) comply
with reporting requirements.
5. Participating Local Governments may agree and elect to share,
pool, or collaborate with their respective allocation of Opioid Funds in any
manner they choose by adopting a Regional Agreement, so long as such
sharing, pooling, or collaboration is used for Approved Purposes and
complies with the terms of this MOU and any Settlement.
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6. Nothing in this MOU should alter or change any Participating
Local Government's rights to pursue its own claim. Rather, the intent of
this MOU is to join all parties who wish to be Participating Local
Governments to agree upon an allocation formula for any Opioid Funds
from any future binding Settlement with one or more Pharmaceutical
Supply Chain Participants for all Local Governments in the State of
Washington.
7. If any Participating Local Government disputes the amount it
receives from its allocation of Opioid Funds, the Participating Local
Government shall alert its respective OAC within sixty (60) days of
discovering the information underlying the dispute. Failure to alert its
OAC within this time frame shall not constitute a waiver of the
Participating Local Government's right to seek recoupment of any
deficiency in its allocation of Opioid Funds.
8. If any OAC concludes that a Participating Local Government's
expenditure of its allocation of Opioid Funds did not comply with the
Approved Purposes listed in Exhibit A, or the terms of this MOU, or that
the Participating Local Government otherwise misused its allocation of
Opioid Funds, the OAC may take remedial action against the alleged
offending Participating Local Government. Such remedial action is left to
the discretion of the OAC and may include withholding future Opioid
Funds owed to the offending Participating Local Government or requiring
the offending Participating Local Government to reimburse improperly
expended Opioid Funds back to the OAC to be re-allocated to the
remaining Participating Local Governments within that Region.
9. All Participating Local Governments and OAC shall maintain all
records related to the receipt and expenditure of Opioid Funds for no less
than five(5) years and shall make such records available for review by
any other Participating Local Government or OAC, or the public. Records
requested by the public shall be produced in accordance with
Washington's Public Records Act RCW 42.56.001 et seq. Records
requested by another Participating Local Government or an OAC shall be
produced within twenty-one (21) days of the date the record request was
received. This requirement does not supplant any Participating Local
Government or OAC's obligations under Washington's Public Records
Act RCW 42.56.001 et seq.
D. Payment of Counsel and Litigation Expenses
1. The Litigating Local Governments have incurred attorneys' fees
and litigation expenses relating to their prosecution of claims against the
Pharmaceutical Supply Chain Participants, and this prosecution has inured to the
benefit of all Participating Local Governments. Accordingly, a Washington
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Government Fee Fund("GFF") shall be established that ensures that all Parties
that receive Opioid Funds contribute to the payment of fees and expenses incurred
to prosecute the claims against the Pharmaceutical Supply Chain Participants,
regardless of whether they are litigating or non-litigating entities.
2. The amount of the GFF shall be based as follows: the funds to be
deposited in the GFF shall be equal to 15% of the total cash value of the Opioid
Funds.
3. The maximum percentage of any contingency fee agreement
permitted for compensation shall be 15% of the portion of the Opioid Funds
allocated to the Litigating Local Government that is a party to the contingency fee
agreement, plus expenses attributable to that Litigating Local Government. Under
no circumstances may counsel collect more for its work on behalf of a Litigating
Local Government than it would under its contingency agreement with that
Litigating Local Government.
4. Payments from the GFF shall be overseen by a committee (the
"Opioid Fee and Expense Committee") consisting of one representative of the
following law firms: (a) Keller Rohrback L.LP.; (b) Hagens Berman Sobol
Shapiro LLP; (c) Goldfarb & Huck Roth Riojas, PLLC; and (d)Napoli Shkolnik
PLLC. The role of the Opioid Fee and Expense Committee shall be limited to
ensuring that the GFF is administered in accordance with this Section.
5. In the event that settling Pharmaceutical Supply Chain Participants
do not pay the fees and expenses of the Participating Local Governments directly
at the time settlement is achieved, payments to counsel for Participating Local
Governments shall be made from the GFF over not more than three years, with
50%paid within 12 months of the date of Settlement and 25%paid in each
subsequent year, or at the time the total Settlement amount is paid to the Trustee
by the Defendants, whichever is sooner.
6. Any funds remaining in the GFF in excess of: (i) the amounts
needed to cover Litigating Local Governments' private counsel's representation
agreements, and(ii) the amounts needed to cover the common benefit tax
discussed in Section C.8 below(if not paid directly by the Defendants in
connection with future settlement(s), shall revert to the Participating Local
Governments pro rata according to the percentages set forth in Exhibits B, to be
used for Approved Purposes as set forth herein and in Exhibit A.
7. In the event that funds in the GFF are not sufficient to pay all fees
and expenses owed under this Section,payments to counsel for all Litigating
Local Governments shall be reduced on a pro rata basis. The Litigating Local
Governments will not be responsible for any of these reduced amounts.
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8. The Parties anticipate that any Opioid Funds they receive will be
subject to a common benefit "tax" imposed by the court in In Re: National
Prescription Opiate Litigation, United States District Court for the Northern
District of Ohio, Case No. 1:17-md-02804-DAP ("Common Benefit Tax"). If this
occurs, the Participating Local Governments shall first seek to have the settling
defendants pay the Common Benefit Tax. If the settling defendants do not agree
to pay the Common Benefit Tax, then the Common Benefit Tax shall be paid
from the Opioid Funds and by both litigating and non-litigating Local
Governments. This payment shall occur prior to allocation and distribution of
funds to the Participating Local Governments. In the event that GFF is not fully
exhausted to pay the Litigating Local Governments' private counsel's
representation agreements, excess funds in the GFF shall be applied to pay the
Common Benefit Tax(if any).
E. General Terms
1. If any Participating Local Government believes another
Participating Local Government, not including the Regional Abatement Advisory
Councils, violated the terms of this MOU, the alleging Participating Local
Government may seek to enforce the terms of this MOU in the court in which any
applicable Settlement(s) was entered,provided the alleging Participating Local
Government first provides the alleged offending Participating Local Government
notice of the alleged violation(s) and a reasonable opportunity to cure the alleged
violation(s). In such an enforcement action, any alleging Participating Local
Government or alleged offending Participating Local Government may be
represented by their respective public entity in accordance with Washington law.
2. Nothing in this MOU shall be interpreted to waive the right of any
Participating Local Government to seek judicial relief for conduct occurring
outside the scope of this MOU that violates any Washington law. In such an
action, the alleged offending Participating Local Government, including the
Regional Abatement Advisory Councils, may be represented by their respective
public entities in accordance with Washington law. In the event of a conflict, any
Participating Local Government, including the Regional Abatement Advisory
Councils and its Members, may seek outside representation to defend itself
against such an action.
3. Venue for any legal action related to this MOU shall be in the
court in which the Participating Local Government is located or in accordance
with the court rules on venue in that jurisdiction. This provision is not intended to
expand the court rules on venue.
4. This MOU may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the
same instrument. The Participating Local Governments approve the use of
electronic signatures for execution of this MOU. All use of electronic signatures
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shall be governed by the Uniform Electronic Transactions Act. 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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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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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
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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.
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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
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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.
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EXHIBIT B
Local
County Government %Allocation
Adams CountY
Adams County 0.1638732475%
Hatton
Lind
Othello
Ritzville
Washtucna
County Total: 0.1638732475%
Asotin County
Asotin County 0.4694498386%
Asotin
Clarkston
County Total: 0.4694498386%
Benton County
Benton County 1.4848831892%
Benton City
Kennewick 0.5415650564%
Prosser
Richland 0.4756779517%
West Richland 0.0459360490%
County Total: 2.5480622463%
Chelan Count),
Chelan County 0.7434914485%
Cashmere
Chelan
Entiat
Leavenworth
Wenatchee 0.2968333494%
County Total: 1.0403247979%
Clallam County
Clallam County 1.3076983401%
Forks
Port Angeles 0.4598370527%
Sequim
County Total: 1.7675353928%
*** - Local Government appears in multiple counties B-1
Page 115 of 161
EXHIBIT B
Local
County Government %Allocation
Clark County
Clark County 4.5149775326%
Battle Ground 0.1384729857%
Camas 0.2691592724%
La Center
Ridgefield
Vancouver 1.7306605325%
Washougal 0.1279328220%
Woodland***
Yacolt
County Total: 6.7812031452%
Columbia County
Columbia County 0.0561699537%
Dayton
Starbuck
County Total: 0.0561699537%
Cowlitz County
Cowlitz County 1.7226945990%
Castle Rock
Kalama
Kelso 0.1331145270%
Longview 0.6162736905%
Woodland***
County Total: 2.4720828165%
Douglas County
Douglas County 0.3932175175%
Bridgeport
Coulee Dam***
East Wenatchee 0.0799810865%
Mansfield
Rock Island
Waterville
County Total: 0.4731986040%
Ferry County,
Ferry County 0.1153487994%
Republic
County Total: 0.1153487994%
*** - Local Government appears in multiple counties B-2
Page 116 of 161
EXHIBIT B
Local
County Government %Allocation
Franklin County
Franklin County 0.3361237144%
Connell
Kahlotus
Mesa
Pasco 0.4278056066%
County Total: 0.7639293210%
Garfield County
Garfield County 0.0321982209%
Pomeroy
County Total: 0.0321982209%
Grant County
Grant County 0.9932572167%
Coulee City
Coulee Darn***
Electric City
Ephrata
George
Grand Coulee
Hartline
Krupp
Mattawa
Moses Lake 0.2078293909%
Quincy
Royal City
Soap Lake
Warden
Wilson Creek
County Total: 1.2010866076%
*** - Local Government appears in multiple counties B-3
Page 117 of 161
EXHIBIT B
Local
County Government %Allocation
Grays Harbor County
Grays Harbor County 0.9992429138%
Aberdeen 0.2491525333%
Cosmopolis
Elma
Hoquiam
McCleary
Montesano
Oakville
Ocean Shores
Westport
County Total: 1.2483954471%
Island County,
Island County 0.6820422610%
Coupeville
Langley
Oak Harbor 0.2511550431%
County Total: 0.9331973041%
Jefferson County
Jefferson County 0.4417137380%
Port Townsend
County Total: 0.4417137380%
*** - Local Government appears in multiple counties B-4
Page 118 of 161
EXHIBIT B
Local
County Government %Allocation
King County
King County 13.9743722662%
Algona
Auburn*** 0.2622774917%
Beaux Arts Village
Bellevue 1.1300592573%
Black Diamond
Bothell*** 0.1821602716%
Burien 0.0270962921%
Carnation
Clyde Hill
Covington 0.0118134406%
Des Moines 0.1179764526%
Duvall
Enumclaw*** 0.0537768326%
Federal Way 0.3061452240%
Hunts Point
Issaquah 0.1876240107%
Kenmore 0.0204441024%
Kent 0.5377397676%
Kirkland 0.5453525246%
Lake Forest Park 0.0525439124%
Maple Valley 0.0093761587%
Medina
Mercer Island 0.1751797481%
Milton***
Newcastle 0.0033117880%
Normandy Park
North Bend
Pacific***
Redmond 0.4839486007%
Renton 0.7652626920%
Sammamish 0.0224369090%
SeaTac 0.1481551278%
Seattle 6.6032403816%
Shoreline 0.0435834501%
Skykomish
Snoqualmie 0.0649164481%
Tukwila 0.3032205739%
Woodinville 0.0185516364%
Yarrow Point
County Total: 26.0505653608%
*** - Local Government appears in multiple counties B-5
Page 119 of 161
EXHIBIT B
Local
County Government %Allocation
Kitsap County
Kitsap County 2.6294133668%
Bainbridge Island 0.1364686014%
Bremerton 0.6193374389%
Port Orchard 0.1009497162%
Poulsbo 0.0773748246%
County Total: 3.5635439479%
Kittitas County
Kittitas County 0.3855704683%
Cle Elum
Ellensburg 0.0955824915%
Kittitas
Roslyn
South Cle Elum
County Total: 0.4811529598%
Klickitat County
Klickitat County 0.2211673457%
Bingen
Goldendale
White Salmon
County Total: 0.2211673457%
Lewis County
Lewis County 1.0777377479%
Centralia 0.1909990353%
Chehalis
Morton
Mossyrock
Napavine
Pe Ell
Toledo
Vader
Winlock
County Total: 1.2687367832%
*** - Local Government appears in multiple counties B-6
Page 120 of 161
EXHIBIT B
Local
County Government %Allocation
Lincoln County
Lincoln County 0.1712669645%
Almira
Creston
Davenport
Harrington
Odessa
Reardan
Sprague
Wilbur
County Total: 0.1712669645%
Mason County
Mason County 0.8089918012%
Shelton 0.1239179888%
County Total: 0.9329097900%
Okanogan County
Okanogan County 0.6145043345%
Brewster
Conconully
Coulee Dam***
Elmer City
Nespelem
Okanogan
Omak
Oroville
Pateros
Riverside
Tonasket
Twisp
Winthrop
County Total: 0.6145043345%
Pacific County
Pacific County 0.4895416466%
Ilwaco
Long Beach
Raymond
South Bend
County Total: 0.4895416466%
*** - Local Government appears in multiple counties B-7
Page 121 of 161
EXHIBIT B
Local
County Government %Allocation
Pend Oreille County
Pend Oreille County 0.2566374940%
Cusick
lone
Metaline
Metaline Falls
Newport
County Total: 0.2566374940%
Pierce County
Pierce County 7.2310164020%
Auburn*** 0.0628522112%
Bonney Lake 0.1190773864%
Buckley
Carbonado
DuPont
Eatonville
Edgewood 0.0048016791%
Enumclaw*** 0.0000000000%
Fife 0.1955185481%
Fircrest
Gig Harbor 0.0859963345%
Lakewood 0.5253640894%
Milton***
Orting
Pacific***
Puyallup 0.3845704814%
Roy
Ruston
South Prairie
Steilacoom
Sumner 0.1083157569%
Tacoma 3.2816374617%
University Place 0.0353733363%
Wilkeson
County Total: 12.0345236870%
San Juan County
San Juan County 0.2101495171%
Friday Harbor
County Total: 0.2101495171%
*** - Local Government appears in multiple counties B-8
Page 122 of 161
EXHIBIT B
Local
County Government %Allocation
Skagit County
Skagit County 1.0526023961%
Anacortes 0.1774962906%
Burlington 0.1146861661%
Concrete
Hamilton
La Conner
Lyman
Mount Vernon 0.2801063665%
Sedro-Woolley 0.0661146351%
County Total: 1.6910058544%
Skamania County
Skamania County 0.1631931925%
North Bonneville
Stevenson
County Total: 0.1631931925%
Snohomish County
Snohomish County 6.9054415622%
Arlington 0.2620524080%
Bothell*** 0.2654558588%
Brier
Darrington
Edmonds 0.3058936009%
Everett 1.9258363241%
Gold Bar
Granite Falls
Index
Lake Stevens 0.1385202891%
Lynnwood 0.7704629214%
Marysville 0.3945067827%
Mill Creek 0.1227939546%
Monroe 0.1771621898%
Mountlake Terrace 0.2108935805%
Mukilteo 0.2561790702%
Snohomish 0.0861097964%
Stanwood
Sultan
Woodway
County Total: 11.8213083387%
*** - Local Government appears in multiple counties B-9
Page 123 of 161
EXHIBIT B
Local
County Government %Allocation
Spokane County
Spokane County 5.5623859292%
Airway Heights
Cheney 0.1238454349%
Deer Park
Fairfield
Latah
Liberty Lake 0.0389636519%
Medical Lake
Millwood
Rockford
Spangle
Spokane 3.0872078287%
Spokane Valley 0.0684217500%
Waverly
County Total: 8.8808245947%
Stevens County
Stevens County 0.7479240179%
Chewelah
Colville
Kettle Falls
Marcus
Northport
Springdale
County Total: 0.7479240179%
Thurston County
Thurston County 2.3258492094%
Bucoda
Lacey 0.2348627221%
Olympia 0.6039423385%
Rainier
Tenino
Tumwater 0.2065982350%
Yelm
County Total: 3.3712525050%
Wahkiakum County
Wahkiakum County 0.0596582197%
Cathlamet
County Total: 0.0596582197%
*** - Local Government appears in multiple counties B-10
Page 124 of 161
EXHIBIT B
Local
County Government %Allocation
Walla Walla County
Walla Walla County 0.5543870294%
College Place
Prescott
Waitsburg
Walla Walla 0.3140768654%
County Total: 0.8684638948%
Whatcom County
Whatcom County 1.3452637306%
Bellingham 0.8978614577%
Blaine
Everson
Ferndale 0.0646101891%
Lynden 0.0827115612%
Nooksack
Sumas
County Total: 2.3904469386%
Whitman County
Whitman County 0.2626805837%
Albion
Colfax
Colton
Endicott
Farmington
Garfield
LaCrosse
Lamont
Malden
Oakesdale
Palouse
Pullman 0.2214837491%
Rosalia
St.John
Tekoa
Uniontown
County Total: 0.4841643328%
*** - Local Government appears in multiple counties B-11
Page 125 of 161
EXHIBIT B
Local
County Government %Allocation
Yakima County
Yakima County 1.9388392959%
Grandview 0.0530606109%
Granger
Harrah
Mabton
Moxee
Naches
Selah
Sunnyside 0.1213478384%
Tieton
Toppenish
Union Gap
Wapato
Yakim .6060410539%
Zillah
County Total: 2.7192887991%
*** - Local Government appears in multiple counties B-12
Page 126 of 161
Exhibit
Page 127 of 161
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 C.4 of the MOU shall apply.
Page 128 of 161
CITY OF
J\IJBURJ4 AGENDA BILL APPROVAL FORM
WASHINGGTTON
Agenda Subject: Meeting Date:
Resolution No. 5857 (Thomas) September 2, 2025
A Resolution authorizing the Mayor to execute an agreement between the
City of Auburn and the Department of Ecology to implement the 2025-2027
Local Solid Waste Financial Assistance Grant Program and to accept and
expend Program Grant Funds
(RECOMMENDED ACTION: Move to adopt Resolution No. 5857.)
Department: Attachments: Budget Impact:
Finance Resolution No. 5857, Agreement
Administrative Recommendation:
City Council to adopt Resolution No. 5857.
Background for Motion:
Resolution No. 5857 is for a $95,765.00 grant from the Washington State Department of Ecology for
the City's 2025-2027 Local Solid Waste Financial Assistance Grant Program.
Background Summary:
The Washington State Department of Ecology (Ecology) requests to enter into an interlocal
agreement with the City of Auburn for the 2025-2027 Local Solid Waste Financial Assistance Grant
Program. Ecology has appropriated a 75% grant in the amount of$95,765.00 for the City to promote
waste reduction and recycling. The remaining 25% match of$31,921.67 will come from a King
County Waste Reduction and Recycling Grant.
The grant funding will be used to support the following: contamination reduction in recycling at
multifamily properties, community yard sales, classroom presentations in the Auburn School District,
outreach at City-sponsored events, education for businesses on organics management law
requirements, and homeless encampment cleanup activities.
Councilmember: Kate Baldwin Staff: Jamie Thomas
Page 129 of 161
RESOLUTION NO. 5857
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
AUBURN AND THE DEPARTMENT OF ECOLOGY TO
IMPLEMENT THE 2025-2027 LOCAL SOLID WASTE
FINANCIAL ASSISTANCE GRANT PROGRAM AND TO
ACCEPT AND EXPEND PROGRAM GRANT FUNDS
WHEREAS, King County and the City of Auburn have adopted the King County
Solid Waste Management Plan, which includes recycling and waste reduction goals; and
WHEREAS, in order to help meet these goals, the Department of Ecology with
King County Solid Waste Division has established a waste reduction and recycling grant
program for the suburban cities; and
WHEREAS, this program provides funding to further the development of local
waste reduction and recycling for Auburn businesses and residents.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute an Agreement between the City
and the Department of Ecology for the 2025-2027 Local Solid Waste Financial Assistance
Grant Program, which agreement will be in substantial conformity with the agreement
attached hereto, and to accept and expend, within budgeted amounts, program grant
funds in the amount of$95,765.00.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Resolution No. 5857
August 25, 2025
Page 1 of 2 Rev.2018
Page 130 of 161
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed:
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
Shawn Campbell, MMC, City Clerk Jason Whalen, City Attorney
Resolution No. 5857
August 25, 2025
Page 2 of 2 Rev.2018
Page 131 of 161
akDEPARTMENT OF
ECOLOGY
State of Washington
Agreement No. SWMLSWFA-2025-AubuSW-00237
SOLID WASTE MANAGEMENT LOCAL SOLID WASTE FINANCIAL ASSISTANCE AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF AUBURN
This is a binding Agreement entered into by and between the state of Washington,Department of Ecology,hereinafter
referred to as"ECOLOGY,"and CITY OF AUBURN,hereinafter referred to as the"RECIPIENT,"to carry out with the
provided funds activities described herein.
GENERAL INFORMATION
Project Title: P&I City of Auburn
Total Cost: $127,687.00
Total Eligible Cost: $127,686.67
Ecology Share: $95,765.00
Recipient Share: $31,921.67
The Effective Date of this Agreement is: 07/01/2025
The Expiration Date of this Agreement is no later than: 07/01/2027
Project Type: Planning&Implementation
Proiect Short Description:
The City of Auburn will spend$127,686.67 to reduce residential waste by 3 tons and increase residential recycling by 3
tons,reduce waste in schools by 22 tons, and divert 10 tons of business organics away from the landfill. Funds will also
be used to clean up 7 homeless encampments,collecting 50,000 pounds of waste.
Project Long Description:
See the Scope of Work section for more detailed information related to individual Tasks.
Overall Goal:
Provide regional solutions and intergovernmental cooperation;prevent or minimize environmental contamination through
planning and project implementation; and comply with state and local solid and hazardous waste management plans and
laws.
Page 132 of 161
State of Washington Department of Ecology Page 2 of 27
Agreement No: SWMLSWFA-2025-AubuSW-00237
Project Title: P&I City of Auburn
Recipient Name: CITY OF AUBURN
RECIPIENT INFORMATION
Organization Name: CITY OF AUBURN
Federal Tax ID: 91-6001228
UEI Number: LT4FLVEW5U28
Mailing Address: 25 West Main St
Auburn,WA 98001
Physical Address: 25 West Main St
Auburn,Washington 98001
Organization Email: jenelson@auburnwa.gov
Contacts
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State of Washington Department of Ecology Page 3 of 27
Agreement No: SWMLSWFA-2025-AubuSW-00237
Project Title: P&I City of Auburn
Recipient Name: CITY OF AUBURN
Devin Fritz
Project Manager
Solid Waste Specialist
25 West Main St
Auburn,Washington 98001
Email: dfritz@auburnwa.gov
Phone: (253)931-5103
Billing Contact Julie Bradley
Financial Analyst
25 West Main Street
Auburn,Washington 98001
Email: jbradley@auburnwa.gov
Phone: (253)326-0077
Nancy Backus
Authorized Mayor
Signatory
25 W Main St
Auburn,Washington 98001
Email: nbackus@auburnwa.gov
Phone: (253)931-3041
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State of Washington Department of Ecology Page 4 of 27
Agreement No: SWMLSWFA-2025-AubuSW-00237
Project Title: P&I City of Auburn
Recipient Name: CITY OF AUBURN
ECOLOGY INFORMATION
Mailing Address: Department of Ecology
Solid Waste Management
PO BOX 47600
Olympia,WA 98504-7600
Physical Address: Solid Waste Management
300 Desmond Drive SE
Lacey,WA 98503
Contacts
Audrey Taber
Project
Manager
PO Box 330316
Shoreline,Washington 98133-9716
Email: atab461@ecy.wa.gov
Phone: (425)414-5267
Audrey Taber
Financial
Manager
PO Box 330316
Shoreline,Washington 98133-9716
Email: atab461@ecy.wa.gov
Phone: (425)414-5267
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State of Washington Department of Ecology Page 5 of 27
Agreement No: SWMLSWFA-2025-AubuSW-00237
Project Title: P&I City of Auburn
Recipient Name: CITY OF AUBURN
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel,equipment,materials, services, and otherwise do all things necessary
for or incidental to the performance of work as set forth in this Agreement.
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement,including all the terms and conditions
of this Agreement, Scope of Work, attachments,and incorporated or referenced documents,as well as all applicable laws,
statutes,rules,regulations, and guidelines mentioned in this Agreement. Furthermore,the RECIPIENT has read,understood,
and accepts all requirements contained within this Agreement.
This Agreement contains the entire understanding between the parties,and there are no other understandings or representations
other than as set forth, or incorporated by reference,herein.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by
authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement.ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party.
This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so
approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective
organizations to this Agreement.
Washington State CITY OF AUBURN
Department of Ecology
By: By:
Peter Lyon Date Nancy Backus Date
Solid Waste Management Mayor
Program Manager
Template Approved to Form by
Attorney General's Office
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State of Washington Department of Ecology Page 6 of 27
Agreement No: SWMLSWFA-2025-AubuSW-00237
Project Title: P&I City of Auburn
Recipient Name: CITY OF AUBURN
Jason Whalen
City Attorney Date
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State of Washington Department of Ecology Page 7 of 27
Agreement No: SWMLSWFA-2025-AubuSW-00237
Project Title: P&I City of Auburn
Recipient Name: CITY OF AUBURN
SCOPE OF WORK
Task Number: 1 Task Cost: $45,000.00
Task Title: Residential Recycling/Waste Prevention
Task Description:
RECIPIENT,with a contractor,will conduct residential outreach to promote waste reduction and recycling(WRR),with
particular emphasis on multi-family properties to reduce contamination in recycling collection.
RECIPIENT will conduct targeted contamination reduction outreach to at least four multifamily properties in the City of
Auburn,totaling approximately one hundred twenty-five units. RECIPIENT will measure contamination reduced using a
baseline audit and then continued monitoring one time per week for six months,while distributing outreach material throughout
the three months.
RECIPIENT will conduct additional outreach efforts which may include:
• Producing WRR advertisements,flyers,and postcards.
• Providing educational table displays,virtual training materials or workshops.
• Staffing at City of Auburn(City)events related to promoting WRR.
• Promoting participation in community yard sales and monitoring an online map used by participants.
• Working with the City's contracted service provider on education and assistance for new Solid Waste Contract changes,
including updating commercial customers on WRR services.
Activities that go beyond the scope of materials management(such as management of wastes and toxics and the generation and
handling thereof)may be eligible up to the portion that relates to materials management.For example,if workshops discuss
things like energy conservation,that is beyond the scope of materials management, and that portion would need to be removed
from the reimbursement request for this task.
RECIPIENT expects to produce and or distribute materials and must coordinate with the Ecology grant manager prior to
incurring costs.
Reimbursement for costs incurred by contractors to implement work identified in this task are subject to the same eligibility and
reimbursement requirements as the RECIPIENT, and require ECOLOGY approval.
Costs eligible for reimbursement:
• Staff salaries and benefits,and indirect up to 30%
• Contractor costs to implement task
• Costs to develop,print, and distribute educational and outreach materials,pre-approved in writing by ECOLOGY
• Costs not listed here but pre-approved in writing by ECOLOGY
Costs not eligible for reimbursement:
• Collection and disposal costs of any materials collected or advertised as collected for recycling or reuse, and or marketed
for recycling or reuse under this task
• Overtime unless the individual spent 100 percent of their time on LSWFA activities in the core 40-hour work week
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Agreement No: SWMLSWFA-2025-AubuSW-00237
Project Title: P&I City of Auburn
Recipient Name: CITY OF AUBURN
• Costs covered by existing product stewardship organizations and costs covered by new product stewardship organizations
that are fully implemented during this agreement period
• Costs at collection events that are covered by product stewardship organizations
• Staff participation in trainings,workshops and or conferences not pre-approved in writing by ECOLOGY
• Costs of membership in civic,business, technical and or professional organizations not pre-approved in writing by
ECOLOGY
• Costs not supported with required documentation
Task Goal Statement:
The goal of this task is to decrease the amount of waste and increase recycling in multifamily residential containers.
Task Expected Outcome:
RECIPIENT expects to see a reduction in waste by 3 Tons and an increase in recycling by 3 Tons.RECIPIENT also expects
the following outputs:
• 5 documents developed
• 400 documents distributed
• 125 participants(residents reached through door-to-door outreach)
Recipient Task Coordinator: Devin Fritz
Residential Recycling/Waste Prevention
Deliverables
Number Description Due Date
1.1 Task Expected Outcomes are the deliverables and achieved incrementally
throughout the biennium.
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State of Washington Department of Ecology Page 9 of 27
Agreement No: SWMLSWFA-2025-AubuSW-00237
Project Title: P&I City of Auburn
Recipient Name: CITY OF AUBURN
SCOPE OF WORK
Task Number: 2 Task Cost: $38,000.00
Task Title: Business Recycling/Waste Prevention
Task Description:
RECIPIENT,with a contractor,will support the Auburn School District's(ASD)continuing work to increase their diversion
rate,reduce contamination of recycling and organics waste streams, and reduce overall waste.
Activity: Waste Diversion
RECIPIENT will provide waste reduction and recycling presentations to students.RECIPIENT will give the ASD Resource
Conservation Manager(RCM)advanced notice of the dates and locations of the classroom presentations. RECIPIENT will
coordinate with the RCM to increase waste prevention and recycling through the promotion of the King County Green Schools
and Washington Green Schools programs.
Activity: Waste Prevention/Reduction
RECIPIENT will purchase and coordinate installation of water bottle filling stations within the ASD in eligible locations to help
reduce the amount of water bottles being used and discarded. RECIPIENT must coordinate with ECOLOGY for written
approval of eligible locations prior to installation and for each station must complete an Equipment Purchase Report in EAGL,
retain ownership,maintain the equipment according to the manufacturer's instructions,track the equipment's location and use,
and follow ECOLOGYs instructions for disposition at the end of the grant.
RECIPIENT may purchase milk dispensers to replace the use of single-use milk cartons,and water bottle refill stations. If
equipment is needed by a school,the RECIPIENT, must get prior written approval from ECOLOGY to purchase the
equipment.
RECIPIENT expects to produce and or distribute materials and must coordinate with the Ecology grant manager prior to
incurring costs.
To measure the outcomes of this Task work,RECIPIENT will conduct waste audits to measure the waste reduced.
Costs Eligible for Reimbursement
• Staff salaries and benefits, and indirect up to 30%
• Contractor costs
• Development and production of program material including presentation prop,pre-approved in writing by ECOLOGY
• Water bottle refilling stations and installation of them,written pre-approval is required
• Milk dispensers including any parts needed(i.e.bladders)
• Costs not listed here but approved in writing by ECOLOGY
Costs Ineligible for Reimbursement
• Collection and disposal costs of any materials collected or advertised as collected for recycling or reuse, and or marketed
for recycling or reuse under this task
• Overtime unless the individual spent 100 percent of their time on LSWFA activities in the core 40-hour work week
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State of Washington Department of Ecology Page 10 of 27
Agreement No: SWMLSWFA-2025-AubuSW-00237
Project Title: P&I City of Auburn
Recipient Name: CITY OF AUBURN
• Costs covered by existing product stewardship organizations and costs covered by new product stewardship organizations
that are fully implemented during this agreement period
• Costs at collection events that are covered by product stewardship organizations
• Staff participation in trainings,workshops and or conferences not pre-approved in writing by ECOLOGY
• Costs of membership in civic,business, technical and or professional organizations not pre-approved in writing by
ECOLOGY
• Costs not supported with required documentation
Task Goal Statement:
The goal of this task is to work with the school district to increase waste reduction.
Task Expected Outcome:
RECIPIENT anticipates a reduction in waste by 22 Tons.RECIPIENT also expects the following outputs:
• 3 documents developed(presentations)
• 200 participants(students attending presentations)
Recipient Task Coordinator: Devin Fritz
Business Recycling/Waste Prevention
Deliverables
Number Description Due Date
2.1 Task Expected Outcomes are the deliverables and achieved incrementally
throughout the biennium.
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State of Washington Department of Ecology Page 11 of 27
Agreement No: SWMLSWFA-2025-AubuSW-00237
Project Title: P&I City of Auburn
Recipient Name: CITY OF AUBURN
SCOPE OF WORK
Task Number: 3 Task Cost: $14,686.67
Task Title: Organics Management
Task Description:
RECIPIENT,with the help of a contractor,will target businesses to provide outreach and education on organics management
laws and provide information and resources on collection programs available. RECIPIENT will utilize messaging,virtual
workshops,and hosting booths at local events to provide the outreach and education. RECIPIENT will also provide technical
assistance such as organics best practices, container size,locations,potential service level changes,culturally appropriate
posters and signage, container decals,etc. at participating businesses.
RECIPIENT may contract for assistance with this task. Reimbursement for costs incurred by contractors to perform work
identified in this task are subject to the same eligibility and reimbursement requirements as the RECIPIENT and require
ECOLOGY approval.
Costs,product and or materials covered by existing product stewardship organizations such as E-Cycle Washington,
LightRecycle Washington,Call2Recycle, and PaintCare or by new product stewardship organizations that are fully
implemented during this agreement period are not reimbursable by this grant program.
RECIPIENT expects to produce and or distribute materials and must coordinate with the Ecology grant manager prior to
incurring costs.
Costs Eligible for Reimbursement
• Staff salaries and benefits, and indirect up to 30%
• Contractor costs,purchased services
• Costs to develop,print, and distribute educational and outreach materials,pre-approved in writing by ECOLOGY
• Costs not listed here but approved in writing by ECOLOGY
Costs Ineligible for Reimbursement
• Collection and disposal costs of any materials collected or advertised as collected for recycling or reuse,and or marketed
for recycling or reuse under this task
• Overtime unless the individual spent 100 percent of their time on LSWFA activities in the core 40-hour work week
• Costs covered by existing product stewardship organizations and costs covered by new product stewardship organizations
that are fully implemented during this agreement period
• Costs at collection events that are covered by product stewardship organizations
• Staff participation in trainings,workshops and or conferences not pre-approved in writing by ECOLOGY
• Costs of membership in civic,business,technical and or professional organizations not pre-approved in writing by
ECOLOGY
• Costs not supported with required documentation
Task Goal Statement:
The goal of this task is to increase diversion of organic waste from the landfill.
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Agreement No: SWMLSWFA-2025-AubuSW-00237
Project Title: P&I City of Auburn
Recipient Name: CITY OF AUBURN
Task Expected Outcome:
With Task Cost,RECIPIENT anticipates diverting 10 tons of organic waste from the landfill.RECIPIENT also expects the
following outputs:
• 2 documents developed(annual newsletter or flyer)
• 500 documents distributed(distributing to at least 250 businesses per year)
Recipient Task Coordinator: Devin Fritz
Organics Management
Deliverables
Number Description Due Date
3.1 Task Expected Outcomes are the deliverables and achieved incrementally
throughout the biennium.
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State of Washington Department of Ecology Page 13 of 27
Agreement No: SWMLSWFA-2025-AubuSW-00237
Project Title: P&I City of Auburn
Recipient Name: CITY OF AUBURN
SCOPE OF WORK
Task Number: 4 Task Cost: $30,000.00
Task Title: Homeless Encampment Response
Task Description:
ACTIVITY-CLEANUP
RECIPIENT employees will coordinate with other departments and local agencies to cleanup active and or abandoned
encampments and continue to keep them clean. RECIPIENT employees may investigate active and or abandoned
encampments to assess and prioritize cleanup. Cleanup and disposal are eligible on publicly owned sites/locations only.
Cleanup of Federal land is allowed when the RECIPIENT coordinates with federal agencies prior to cleanup.
RECIPIENT may contract for assistance with this task. Reimbursement for costs incurred by contractors to perform work
identified in this task are subject to the same eligibility and reimbursement requirements as the RECIPIENT and require
ECOLOGY approval.
RECIPIENT is encouraged to review the Master Contract provided by Department of Enterprise Services (DES)for
information about vendors with experience to clean up and dispose of materials that meet the RECIPIENT's specific
circumstances and need.
ACTIVITY—INFRASTRUCTURE,PURCHASED SERVICES
RECIPIENT may purchase services to provide portable toilets and or garbage collection at shelter-in-place locations and other
locations where the RECIPIENT has previously assessed these services are practical. RECIPIENT employees and or
contractors will investigate active encampments to assess the level of infrastructure needed.
Costs Eligible for Reimbursement
• Contracts and purchased services identified in the scope of work
• Supplies for cleanup:bags,protective gear
• Cleanup costs: time,transportation, and disposal of materials from encampments
• Time:planning/coordination of cleanup
• Mileage or fuel and maintenance costs proportionate to vehicle use for homeless encampment cleanup
• Costs not listed here but pre-approved in writing by ECOLOGY
Cost Ineligible for Reimbursement
• Costs not specifically identified or pre-approved in writing by ECOLOGY
• Costs not supported with required documentation
Task Goal Statement:
The goal of this task is to protect the environment through cleanup and prevent continued environmental harm at encampments.
Task Expected Outcome:
With the task budget,RECIPIENT expects:
• 50,000 pounds of garbage cleaned
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Agreement No: SWMLSWFA-2025-AubuSW-00237
Project Title: P&I City of Auburn
Recipient Name: CITY OF AUBURN
• 7 encampments cleaned
• 7 total cleanups performed(including multiple cleanups at the same encampment)
Anticipating multiple cleanups at the same encampment, RECIPIENT must track and report the number of encampments
cleaned, and the number of cleanups performed at each encampment. Actual outcomes must be reported in the Outcomes
Data Collection section of the Spending Plan and Outcomes Data Collection form in EAGL.
Recinient Task Coordinator: Devin Fritz
Homeless Encampment Response
Deliverables
Number Description Due Date
4.1 Task Expected Outcomes are the deliverables and achieved incrementally
throughout the biennium.
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State of Washington Department of Ecology Page 15 of 27
Agreement No: SWMLSWFA-2025-AubuSW-00237
Project Title: P&I City of Auburn
Recipient Name: CITY OF AUBURN
BUDGET
Funding Distribution EG250637
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Funding Title: City of Auburn Funding Type: Grant
Funding Effective Date: 07/01/2025 Funding Expiration Date: 06/30/2027
Funding Source:
Title: Model Toxics Control Operating Account(MTCOA)
Fund: FD
Type: State
Funding Source%: 100%
Description: Local Solid Waste Financial Assistance
Approved Indirect Costs Rate: Approved State Indirect Rate: 30%
Recipient Match%: 25%
InKind Interlocal Allowed: No
InKind Other Allowed: No
Is this Funding Distribution used to match a federal grant? No
City of Auburn Task Total
Residential Recycling/Waste Prevention $ 45,000.00
Business Recycling/Waste Prevention $ 38,000.00
Organics Management $ 14,686.67
Homeless Encampment Response $ 30,000.00
Total: $ 127,686.67
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State of Washington Department of Ecology Page 16 of 27
Agreement No: SWMLSWFA-2025-AubuSW-00237
Project Title: P&I City of Auburn
Recipient Name: CITY OF AUBURN
Funding Distribution Summary
Recipient/Ecology Share
Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total
City of Auburn 25.00 % $ 31,921.67 $ 95,765.00 $ 127,686.67
Total $ 31,921.67 $ 95,765.00 $ 127,686.67
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
If the scope of this Agreement includes recycling activity managed or performed by the RECIPIENT at a recycling center (such
as a transfer station or drop box location)or other locations, ECOLOGY will not reimburse disposal costs for materials
collected or advertised as collected for recycling/reuse or marketed for recycling/reuse under this Agreement,unless approved
in writing by ECOLOGY. RECIPIENT must immediately notify ECOLOGY when the RECIPIENT becomes aware that
disposal of materials occurred or may occur due to the market conditions for recycled/reused materials. ECOLOGY may deny
new costs or require repayment of costs already reimbursed or remove the task from the Agreement or terminate the
Agreement.
ECOLOGY's Solid Waste Management(SWM)program will implement a reporting assessment for all RECIPIENTs of
grants administered through the SWM program. The assessment determines the RECIPIENT reporting level required
throughout the biennium. If RECIPIENT administrative performance or changes in project circumstances trigger a
reassessment, RECIPIENT will be notified of any changes to administrative requirements.
RECIPIENT shall update the Spending Plan and Outcomes Data Collection form at least quarterly. The Spending Plan and
Outcomes Data Collection form must be completed concurrent with the submittal of each payment Request/Progress Report.
RECIPIENT shall report outcomes in a manner consistent with instructions in the Local Solid Waste Financial Assistance
guidelines.
RECIPIENT must submit within thirty(30)days after the expiration date of this Agreement, all financial(including payment
requests),performance, and other reports required by this Agreement.ECOLOGY shall have the right to deny reimbursement
of payment requests received after this date.
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is
used to match a federal grant award,the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY
EXCLUSION:
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Agreement No: SWMLSWFA-2025-AubuSW-00237
Project Title: P&I City of Auburn
Recipient Name: CITY OF AUBURN
1. The RECIPIENT/CONTRACTOR,by signing this agreement, certifies that it is not suspended, debarred,proposed for
debarment,declared ineligible or otherwise excluded from contracting with the federal government,or from receiving
contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements
contained in the certification,they must provide an explanation as to why they cannot.
2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by
reason of changed circumstances.
3. The terms covered transaction,debarred, suspended, ineligible,lower tier covered transaction,participant,person,
primary covered transaction,principal,proposal,and voluntarily excluded,as used in this clause,have the meaning set
out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact
ECOLOGY for assistance in obtaining a copy of those regulations.
4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a
person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended,
declared ineligible,or voluntarily excluded from participation in this covered transaction.
5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement,that it will include this clause titled
"CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY
EXCLUSION"without modification in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
6. Pursuant to 2CFR180.330,the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered
transaction complies with certification of suspension and debarment requirements.
7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal
Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including
suspension and debarment.
8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file,that it,and all lower tier recipients or
contractors,are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov>and print a copy of completed searches to document proof of compliance.
B.FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form(ECY 070-395) and return it with the
signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
• Receives more than$30,000 in federal funds under this award.
• Receives more than 80 percent of its annual gross revenues from federal funds.
• Receives more than$25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form.Ecology is
required to report the FFATA information for federally funded agreements, including the required Unique Entity Identifier in
www.sam.gov<httn://www.sam.gov/>within 30 days of agreement signature. The FFATA information will be available to
the public at www.usasnending.gov<httn://www.usaspendin2.2ov/>.
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Agreement No: SWMLSWFA-2025-AubuSW-00237
Project Title: P&I City of Auburn
Recipient Name: CITY OF AUBURN
For more details on FFATA requirements, see www.fsrs.gov<httn://www.fsrs.gov/>.
C.FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT:
As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending
loan or grant funds to:
1. Procure or obtain;
2. Extend or renew a contract to procure or obtain; or
3. Enter into a contract(or extend or renew a contract)to procure or obtain equipment, services,or systems that use
covered telecommunications equipment,video surveillance services or services as a substantial or essential component
of any system, or as critical technology as part of any system.As described in Public Law 115-232
<httns://www.govinfo.gov/content/pkg/PLAW-115nub1232/ndf/PLAW-115nub1232.pdf>, section 889,covered
telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation(or any subsidiary or affiliate of such entities).
Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems,or
services,including equipment, systems,or services produced or provided by entities identified in section 889,are recorded in
the System for Award Management(SAM)<httns://sam.gov/SAM/>exclusion list.
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Agreement No: SWMLSWFA-2025-AubuSW-00237
Project Title: P&I City of Auburn
Recipient Name: CITY OF AUBURN
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington,Department of Ecology
GENERAL TERMS AND CONDITIONS
For DEPARTMENT OF ECOLOGY GRANTS and LOANS
07/01/2023 Version
1. ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans—EAGL Edition."
(https://fortress.wa.gov/ecy/publications/SummaryPages/2301002.html)
b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all
funds and resources made available under this Agreement.
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all
subgrantees and contractors comply with the terms and conditions of this Agreement.ECOLOGY reserves the right to request
proof of compliance by subgrantees and contractors.
d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and
character of all work and services.
2. AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent
modification(s)or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized
representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative
information without the concurrence of either party.
3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY
The RECIPIENT must comply with the Washington State Office of the Chief Information Officer,OCIO Policy no. 188,
Accessibility(https://ocio.wa.gov/policy/accessibility)as it relates to"covered technology."This requirement applies to all
products supplied under the Agreement,providing equal access to information technology by individuals with disabilities,
including and not limited to web sites/pages,web-based applications, software systems,video and audio content,and electronic
documents intended for publishing on Ecology's public web site.
4. ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take all reasonable action to avoid,minimize,or mitigate adverse effects to archaeological and historic
archaeological sites,historic buildings/structures,traditional cultural places, sacred sites,or other cultural resources,hereby
referred to as Cultural Resources.
The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered,
disturbed, or damaged due to the RECIPIENT's project funded under this Agreement.
RECIPIENT shall:
a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project:
• Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed
prior to expenditure of Agreement funds as required by applicable State and Federal requirements.
*For state funded construction,demolition, or land acquisitions,comply with Governor Executive Order 21-02,Archaeological
and Cultural Resources.
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Agreement No: SWMLSWFA-2025-AubuSW-00237
Project Title: P&I City of Auburn
Recipient Name: CITY OF AUBURN
• For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106).
b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan(IDP)to ECOLOGY prior to implementing
any project that involves field activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
• Keep the IDP at the project site.
• Make the IDP readily available to anyone working at the project site.
• Discuss the IDP with staff,volunteers, and contractors working at the project site.
• Implement the IDP when Cultural Resources or human remains are found at the project site.
c) If any Cultural Resources are found while conducting work under this Agreement,follow the protocol outlined in the project
IDP.
• Immediately stop work and notify the ECOLOGY Program,who will notify the Department of Archaeology and Historic
Preservation at(360) 586-3065, any affected Tribe, and the local government.
d) If any human remains are found while conducting work under this Agreement,follow the protocol outlined in the project
IDP.
• Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office,the
Department of Archaeology and Historic Preservation at(360)790-1633, and then the ECOLOGY Program.
e) Comply with RCW 27.53,RCW 27.44, and RCW 68.50.645,and all other applicable local, state, and federal laws
protecting Cultural Resources and human remains.
5. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT.
6. COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees,ECOLOGY,all
affected local, state, or federal jurisdictions, and any interested individuals or groups.
7. COMPENSATION
a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT.
ECOLOGY must sign the Agreement before any payment requests can be submitted.
b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement.
c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with
ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure.
d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY.
e) ECOLOGY will not process payment requests without the proper reimbursement forms,Progress Report and supporting
documentation. ECOLOGY will provide instructions for submitting payment requests.
f) ECOLOGY will pay the RECIPIENT thirty(30)days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State's Office of Financial Management's Statewide Payee Desk.
To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9
form at website,https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor
registration process,you can contact Statewide Payee Help Desk at(360)407-8180 or email PayeeRegistration@ofm.wa.gov.
h) ECOLOGY may,at its sole discretion,withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement.
i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein,or a portion thereof,has
been completed if,at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement,as
appropriate,or upon completion of an audit as specified herein.
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Agreement No: SWMLSWFA-2025-AubuSW-00237
Project Title: P&I City of Auburn
Recipient Name: CITY OF AUBURN
j) RECIPIENT must submit within thirty(30)days after the expiration date of this Agreement, all financial,performance,and
other reports required by this Agreement. Failure to comply may result in delayed reimbursement.
8. COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal,state and local laws,orders,regulations, and permits related to
this Agreement, including but not limited to:
a) RECIPIENT agrees to comply with all applicable laws,regulations, and policies of the United States and the State of
Washington which affect wages and job safety.
b) RECIPIENT agrees to be bound by all applicable federal and state laws,regulations, and policies against discrimination.
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements.
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required
by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the
permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to
comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington,it is considered modified to
conform to that statute or rule of law.
9. CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer,member, agent,or employee,who exercises any function or responsibility
in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect,nor
affect the interest of any corporation,partnership,or association in which he/she is a part, in this Agreement or the proceeds
thereof.
10. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award
all contracts for construction,purchase of goods,equipment, services, and professional architectural and engineering services
through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure
legal,fair,and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be
required to provide written certification that they have followed their standard procurement procedures and applicable state law
in awarding contracts under this Agreement.
ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state
procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion.
11. DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the
determination of ECOLOGY will govern,although the RECIPIENT shall have the right to appeal decisions as provided for
below:
a) RECIPIENT notifies the funding program of an appeal request.
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal.
d) ECOLOGY reviews the RECIPIENT's appeal.
e) ECOLOGY sends a written answer within ten(10)business days,unless more time is needed, after concluding the review.
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Agreement No: SWMLSWFA-2025-AubuSW-00237
Project Title: P&I City of Auburn
Recipient Name: CITY OF AUBURN
The decision of ECOLOGY from an appeal will be final and conclusive,unless within thirty(30)days from the date of such
decision,the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly
authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision
will not be taken to Environmental and Land Use Hearings Office.
Pending final decision of a dispute,the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in
accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties'choice of another mutually acceptable method,in addition to the
dispute resolution procedure outlined above.
12. ENVIRONMENTAL DATA STANDARDS
a) RECIPIENT shall prepare a Quality Assurance Project Plan(QAPP)for a project that collects or uses environmental
measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY
Program issuing the grant or loan. If a QAPP is required,the RECIPIENT shall:
• Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY,unless ECOLOGY Quality Assurance (QA)
officer or the Program QA coordinator instructs otherwise.
• Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies,July 2004
(Ecology Publication No. 04-03-030).
• Submit the QAPP to ECOLOGY for review and approval before the start of the work.
b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental
Information Management system(EIM),unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm
with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at:
http://www.ecy.wa.gov/eim.
c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS)data is collected and
processed. Guidelines for Creating and Accessing GIS Data are available at:
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards.RECIPIENT,when
requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers,imagery,related tables,raw data
collection files,map products,and all metadata and project documentation.
13. GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington,and the venue of any action brought hereunder will be
in the Superior Court of Thurston County.
14. INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries,consultant's fees, and other costs related to the project
described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other
harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of
that party or that parry's agents or employees arising out of this Agreement.
15. INDEPENDENT STATUS
The employees,volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be
employees,volunteers,or agents of that party and will not for any purpose be employees,volunteers,or agents of the other
party.
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Agreement No: SWMLSWFA-2025-AubuSW-00237
Project Title: P&I City of Auburn
Recipient Name: CITY OF AUBURN
16. KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up
any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission,or gift in return for award
of a subcontract hereunder.
17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES(MWBE)
RECIPIENT is encouraged to solicit and recruit,to the extent possible, certified minority-owned(MBE)and women-owned
(WBE)businesses in purchases and contracts initiated under this Agreement.
Contract awards or rejections cannot be made based on MWBE participation;however, the RECIPIENT is encouraged to
take the following actions,when possible, in any procurement under this Agreement:
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or
services.
b) Divide the total requirements,when economically feasible, into smaller tasks or quantities,to permit maximum participation
by qualified minority and women's businesses.
c) Establish delivery schedules,where work requirements permit,which will encourage participation of qualified minority and
women's businesses.
d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises(OMWBE)
(866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce,as appropriate.
18. ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement,unless otherwise provided herein,the inconsistency shall be resolved by giving
precedence in the following order: (a)applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of
Work; (d) Special Terms and Conditions; (e)Any provisions or terms incorporated herein by reference,including the
"Administrative Requirements for Recipients of Ecology Grants and Loans"; (f)Ecology Funding Program Guidelines; and(g)
General Terms and Conditions.
19. PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of
this Agreement:
a) If requested,RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10)business days prior to
production and distribution.
b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline.
c) If requested,RECIPIENT shall provide ECOLOGY two(2)final copies and an electronic copy of any tangible products
developed.
Copies include any printed materials, and all tangible products developed such as brochures,manuals,pamphlets,videos,audio
tapes,CDs,curriculum,posters,media announcements,or gadgets with a message, such as a refrigerator magnet,and any
online communications, such as web pages,blogs, and twitter campaigns. If it is not practical to provide a copy,then the
RECIPIENT shall provide a description(photographs, drawings,printouts, etc.)that best represents the item.
Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic
requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact
ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY.
20. PROGRESS REPORTING
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Agreement No: SWMLSWFA-2025-AubuSW-00237
Project Title: P&I City of Auburn
Recipient Name: CITY OF AUBURN
a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to
ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document
timely use of funds.
b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a
progress report. ECOLOGY will define the elements and frequency of progress reports.
c) RECIPIENT shall use ECOLOGY's provided progress report format.
d) Quarterly progress reports will cover the periods from January 1 through March 31,April 1 through June 30,July 1 through
September 30,and October 1 through December 31. Reports shall be submitted within thirty(30)days after the end of the
quarter being reported.
e) RECIPIENT must submit within thirty(30)days of the expiration date of the project,unless an extension has been approved
by ECOLOGY, all financial,performance, and other reports required by the Agreement and funding program guidelines.
RECIPIENT shall use the ECOLOGY provided closeout report format.
21. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property
under this Agreement,the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,nonexclusive,
and irrevocable license to reproduce,publish,recover,or otherwise use the material(s)or property, and to authorize others to
use the same for federal, state,or local government purposes.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information;
present papers,lectures,or seminars involving information supplied by ECOLOGY;or use logos,reports,maps,or other data
in printed reports, signs,brochures,pamphlets,etc.,appropriate credit shall be given to ECOLOGY.
c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement,in any manner ECOLOGY deems appropriate.ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials.
d) Tangible Property Rights. ECOLOGY's current edition of"Administrative Requirements for Recipients of Ecology Grants
and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds
furnished by ECOLOGY in the absence of state and federal statutes,regulations, or policies to the contrary,or upon specific
instructions with respect thereto in this Agreement.
e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT
for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property
is lost,stolen,or damaged while in the RECIPIENT's possession,then ECOLOGY shall be reimbursed in cash or by setoff by
the RECIPIENT for the fair market value of such property.
f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the
acquisition of land or facilities:
1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this
Agreement.
2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of
funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates,or abstracts, and
attorney's opinions establishing that the land is free from any impediment, lien,or claim which would impair the uses intended by
this Agreement.
g) Conversions. Regardless of the Agreement expiration date,the RECIPIENT shall not at any time convert any equipment,
property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally
approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of
that portion of the proceeds of the sale,lease,or other conversion or encumbrance which monies granted pursuant to this
Agreement bear to the total acquisition,purchase,or construction costs of such property.
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Agreement No: SWMLSWFA-2025-AubuSW-00237
Project Title: P&I City of Auburn
Recipient Name: CITY OF AUBURN
22. RECORDS,AUDITS,AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement,including any engineering
documentation and field inspection reports of all construction work accomplished.
All records shall:
a) Be kept in a manner which provides an audit trail for all expenditures.
b) Be kept in a common file to facilitate audits and inspections.
c) Clearly indicate total receipts and expenditures related to this Agreement.
d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington,
for a period of at least three(3)years after the final grant payment or loan repayment,or any dispute resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the
records.
ECOLOGY reserves the right to audit,or have a designated third party audit,applicable records to ensure that the state has
been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced.
Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY
and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for
at least three(3)years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times,in
order to monitor and evaluate performance,compliance, and any other conditions under this Agreement.
23. RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance
of this Agreement and completion of the work described in the Scope of Work.
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s)or
unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT.
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement.
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within
thirty(30)days of a written notice. Interest will accrue at the rate of twelve percent(12%) per year from the time ECOLOGY
demands repayment of funds.
Any property acquired under this Agreement,at the option of ECOLOGY,may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
24. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such
invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision,and to
this end the provisions of this Agreement are declared to be severable.
25. STATE ENVIRONMENTAL POLICY ACT(SEPA)
RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental
Policy Act(Chapter 43.21C RCW and Chapter 197-11 WAC)have been or will be met. Any reimbursements are subject to
this provision.
26. SUSPENSION
When in the best interest of ECOLOGY,ECOLOGY may at any time,and without cause, suspend this Agreement or any
portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT.RECIPIENT shall resume
performance on the next business day following the suspension period unless another day is specified by ECOLOGY.
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Agreement No: SWMLSWFA-2025-AubuSW-00237
Project Title: P&I City of Auburn
Recipient Name: CITY OF AUBURN
27. SUSTAINABLE PRACTICES
In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement.
a) Sustainable practices may include such activities as: use of clean energy,use of double-sided printing,hosting low impact
meetings,and setting up recycling and composting programs.
b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and
imaging equipment,independently certified green cleaning products,remanufactured toner cartridges,products with reduced
packaging, office products that are refillable,rechargeable,and recyclable, 100%post-consumer recycled paper, and toxic free
products.
For more suggestions visit ECOLOGY's web page, Green Purchasing,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
28. TERMINATION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven(7)calendar days prior written notification to the
RECIPIENT,at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of
any term or condition. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement prior to the effective date of termination.
Failure to Commence Work.ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work
on the project funded within four(4)months after the effective date of this Agreement,or by any date mutually agreed upon in
writing for commencement of work, or the time period defined within the Scope of Work.
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails,in the opinion of
ECOLOGY,to perform any obligation required of it by this Agreement,ECOLOGY may refuse to pay any further funds,
terminate in whole or in part this Agreement,and exercise any other rights under this Agreement.
Despite the above,the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold
payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is
determined.
b) For Convenience
ECOLOGY may terminate for convenience this Agreement,in whole or in part, for any reason when it is the best interest of
ECOLOGY,with a thirty(30)calendar days prior written notification to the RECIPIENT, except as noted below. If this
Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the
terms of this Agreement prior to the effective date of termination.
Non-Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding
from state, federal or other sources is withdrawn,reduced, or limited in any way after the effective date and prior to the
completion or expiration date of this Agreement,ECOLOGY,at its sole discretion,may elect to terminate the Agreement,in
whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to
suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may
exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide
notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the
effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no
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Recipient Name: CITY OF AUBURN
event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the Agreement and any amendments.
If payments have been discontinued by ECOLOGY due to unavailable funds,the RECIPIENT shall not be obligated to repay
monies which had been paid to the RECIPIENT prior to such termination.
RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of
funds by the RECIPIENT's governing body.
c) By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement,in whole or in part, at any time,by mutual written agreement.
d) In Event of Termination
All finished or unfinished documents, data studies, surveys,drawings,maps,models,photographs,reports or other materials
prepared by the RECIPIENT under this Agreement,at the option of ECOLOGY,will become property of ECOLOGY and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds,identified herein.
29. THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement,the state of
Washington is named as an express third party beneficiary of such subcontracts with full rights as such.
30. WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will
not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized
representative of ECOLOGY.
End of General Terms and Conditions
Template Version 12/10/2020
Page 158 of 161
�K
CITY OF
J\I.JBU1R.ts4 AGENDA BILL APPROVAL FORM
WASHINGGTTON
Agenda Subject: Meeting Date:
Resolution No. 5858 (Council) September 2, 2025
A Resolution supporting the Auburn School District's School Proposition 1:
School Bond-Building for Learning and Proposition 2: Safety, Security,
Facility Improvements and Technology Replacement Levy
(RECOMMENDED ACTION: Move to adopt Resolution No. 5858.)
Department: Attachments: Budget Impact:
City Council Resolution No. 5858
Administrative Recommendation:
City Council to adopt Resolution No. 5858.
Background for Motion:
Resolution No. 5858 expresses support for the Auburn School District's School Proposition 1: School
Bond-Building for Learning and Proposition 2: Safety, Security, Facility Improvements and
Technology Replacement Levy.
Background Summary:
Proposition 1: School Bond-Building for Learning will build a new middle school, replace the 58-year-
old Cascade Middle School, and replace the 53-year-old Alpac Elementary School.
Proposition 2 is the Safety, Security, Facility Improvements and Technology Replacement Levy. It will
improve safety and security and make facility improvements in teaching and learning environments,
and replace the expiring technology levy.
Councilmember: Staff:
Page 159 of 161
RESOLUTION NO. 5858
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, SUPPORTING THE AUBURN
SCHOOL DISTRICT'S SCHOOL PROPOSITION 1: SCHOOL
BOND-BUILDING FOR LEARNING AND PROPOSITION 2:
SAFETY, SECURITY, FACILITY IMPROVEMENTS AND
TECHNOLOGY REPLACEMENT LEVY
WHEREAS, the Auburn School District has placed two measures before the voters
on the November 4, 2025 ballot, Proposition 1 : School Bond-Building for Learning and
Proposition 2: Safety, Security, Facility Improvements & Technology Replacement Levy;
and
WHEREAS, Proposition 1 is a school construction and facility improvements
general obligation bond that the District says is essential for the purpose of providing
funds for the replacing and equipping of Cascade Middle School and Alpac Elementary
School, and to construct and equip a new Middle School #5; and
WHEREAS, Proposition 2 is a capital levy that will undertake safety, security, and
capital improvements to schools and support facilities through the District and replace the
expiring technology levy; and
WHEREAS, RCW 42.17A.555 authorizes City Councils to take collective action
regarding ballot measures appearing before the voters so long as the action is taken at a
public meeting, the intended action is identified on the agenda and where the opportunity
for opposing views is given to attendees at the public meeting; and
WHEREAS, in light of the value and the benefits to the citizens of Auburn that the
Auburn School District be able to continue to provide a high-quality education in safe,
Resolution No. 5858
August 27, 2025
Page 1 of 2 Rev. 2024
Page 160 of 161
adequate and efficient educational facilities to the students in the District, it is appropriate
that the City Council support ballot measures as permitted pursuant to RCW 42.17A.555.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. That the City Council expresses its support for Proposition 1: School
Bond-Building for Learning, coming before the voters on the November 4, 2025 election.
Section 2. That the City Council expresses its support for Proposition 2: Safety,
Security, Facility Improvements & Technology Replacement Levy, coming before the
voters on the November 4, 2025 election.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed:
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
Shawn Campbell, MMC, City Clerk Jason Whalen, City Attorney
Resolution No. 5858
August 27, 2025
Page 2 of 2 Rev. 2024
Page 161 of 161