HomeMy WebLinkAbout06-20-2023 Council Meeting Agenda PacketIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.)
06-20-2023 Council Meeting Agenda Page 1 of 2
East Wenatchee City Council Meeting
Tuesday, June 20, 2023
East Wenatchee City Hall
271 9th Street NE
East Wenatchee, WA 98802
This meeting will be in person or via zoom:
https://us02web.zoom.us/j/81547715231
Phone-in option for the meeting: 253 215 8782,
Meeting ID: 815 4771 5231
AGENDA
6:00 p.m. Regular Meeting
Call to Order, Roll Call and Pledge of Allegiance.
1.Consent Items:
a.Amendment to the E-Bike Patrol Program with Chelan County PUD, Agreement No.
23-12767.
Vouchers:
b.Date: 06-20-2023, Checks: 58686-58756, in the amount of $901,998.68.
c.Payroll Certification for May 2023.
Minutes:
d.06-06-2023 Council Meeting Minutes
Motion by City Council to approve agenda, vouchers, and minutes from previous
meetings.
2.Citizen Requests/Comments.
The Citizen Comments” period is to provide the opportunity for members of the public to address the Council. The Mayor will ask if
there are any citizens wishing to address the Council. When recognized, please step up to the microphone, give your name and
mailing address, and state the matter of your interest. Citizen comments will be limited to three minutes.
3. Council Hearing.
a.Resolution 2023-32, Frontage Improvement Deferral Agreement SP 2022-02.
–Garren Melton, Public Works Manager.
i.Motion by City Council to approve Resolution 2023-32 authorizing
Mayor Crawford to enter into a Deferral Agreement associated with SP
2022-02.
pg. 3
pg. 6
pg. 32
pg. 49
pg. 53
.
06-20-2023 City Council Agenda Packet
Page 1 of 200
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.)
06-20-2023 Council Meeting Agenda Page 2 of 2
4.Action Items.
a.Resolution 2023-37, Opioid abatement ILA with local jurisdictions – Sean Lewis,
Assistant City Attorney.
Motion by City Council to approve Resolution 2023-37 authorizing Mayor Crawford
to enter into an Interlocal Agreement of the form of Exhibit A with the
government entities listed herein.
b.Resolution 2023-38, repealing Resolution 2016-04 and establishing a formal
procurement policy. – Garren Melton, Public Works Manager.
Motion by City Council to approve Resolution 2023-38 repealing Resolution 2016-
04 and establishing a formal procurement policy for the City of East Wenatchee
c.Resolution 2023-39, Interlocal Agreement between the City of East Wenatchee and
the East Wenatchee Water District for utility work on the 5th Street NE Safe Routes
to School project. – Garren Melton, Public Works Manager.
Motion by City Council to approve Resolution 2023-39 authorizing Mayor Crawford
to execute an Interlocal Agreement with the East Wenatchee Water District
associated with the 5th Street Safe Routes to School Project.
d.East Wenatchee Events Board Funding Recommendation for Lodging Tax for Darling
Productions Washington State Swap Meet, September 8-10, 2023. – Trina Elmes,
Event Director / PIO.
Motion by City Council to authorize Mayor Crawford to sign a grant agreement
with Darling Productions for an amount not to exceed of $10,000, as presented in
Exhibit 3, for the Washington State Swap Meet.
East Wenatchee Events Board Funding Recommendation for Lodging Tax for
the City of East Wenatchee Events Department event programming
software and an event sound system.
Motion by City Council to allocate $10,000 from Lodging Tax funds to the City of
East Wenatchee Events Department to purchase event programming software and
an event sound system.
5.Mayor’s Report.
6.Council Reports & Announcements.
a.Reports/New Business of Council Committees
7. Adjournment.
pg. 61
pg. 150
pg. 165
pg. 176
pg. 192
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CHECKS: 58686-58756
VOIDED CHECKS:
DEPARTMENT/FUND AMOUNT
General Fund 001 $177,885.13
Rainy Day Fund 002 $0.00
Street Fund 101 $34,441.60
Community Dev Grants Funds 102 $0.00
Affordable Housing Tax Fund 103 $0.00
Housing & Related Services Fund 104 $0.00
Transportation Benefit District Fund 105 $0.00
SWAT Fund 107 $110.00
Library Fund 112 $105.53
Hotel/Motel Tax Fund 113 $0.00
Drug Fund 114 $0.00
Criminal Justice Fund 116 $0.00
Events Board Fund 117 $14,380.49
Bond Redemption Fund 202 $0.00
Street Improvements Fund 301 $544,655.91
Capital Improvements Fund 314 $27,973.20
Stormwater Fund 401 $75,837.20
Equipment R&R Fund 501 $26,253.62
Cafeteria Plan 634 $0.00
Custodial Activities 635 $356.00
Grand Total All Funds $901,998.68
CITY OF EAST WENATCHEE
CHECK REGISTER
June 20th, 2023 Payables
06-20-2023 City Council Agenda Packet
Page 6 of 200
Fund Number Description Amount
001 General Fund $177,885.13
101 Street Fund $34,441.60
107 SWAT Fund $110.00
112 Library Fund $105.53
117 Events Board Fund $14,380.49
301 Street Improvements Fund $544,655.91
314 Capital Improvements Fund $27,973.20
401 Stormwater Fund $75,837.20
501 Equipment Purchase, Repair & Replacement Fund $26,253.62
635 Custodial Activities Fund $356.00
Count: 10 $901,998.68
Fund Transaction Summary
Transaction Type: Invoice
Fiscal: 2023 - June 2023 - June 2023 2nd Council
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East Wenatchee - Fund Transaction Summary
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Vendor Number Reference Account Number Description Amount
All Seasons Sweeping Service, Inc DBA Northwest Snow & Ice Equipment
58686 2023 - June 2023 - June 2023 2nd Council
RE-313-ATB30515122
General Prjt Mgmt
301-000-000-595-64-60-00 SDC - 9th/VMP Intersection $55.08
Total RE-313-ATB30515122 $55.08
Total 58686 $55.08
Total All Seasons Sweeping Service, Inc DBA Northwest Snow & Ice Equipment $55.08
911 Supply Inc
58687 2023 - June 2023 - June 2023 2nd Council
INV-2-29788
Supplies
001-000-210-521-10-35-00 Small Tools & Equipment $29.57
Total INV-2-29788 $29.57
Total 58687 $29.57
Total 911 Supply Inc $29.57
AAR Testing Laboratory
58688 2023 - June 2023 - June 2023 2nd Council
105215
East Wenatchee Public Works
314-000-000-594-18-60-00 Maintenance Facilities Construction $673.00
Total 105215 $673.00
Total 58688 $673.00
Total AAR Testing Laboratory $673.00
Ag Supply Company - 233955
58689 2023 - June 2023 - June 2023 2nd Council
Invoice - 6/1/2023 1:12:41 PM
05/2023 account 233955
001-000-210-521-10-32-00 Fuel Consumed $5,897.23
001-000-210-521-10-35-00 Small Tools & Equipment $27.11
001-000-210-521-10-35-00 Small Tools & Equipment $11.48
Total Invoice - 6/1/2023 1:12:41 PM $5,935.82
Total 58689 $5,935.82
Total Ag Supply Company - 233955 $5,935.82
Voucher Directory
Fiscal: : 2023 - June 2023
Council Date: : 2023 - June 2023 - June 2023 2nd Council
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East Wenatchee - Voucher Directory
06-20-2023 City Council Agenda Packet
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Vendor Number Reference Account Number Description Amount
Ag Supply Company - 233956
58690 2023 - June 2023 - June 2023 2nd Council
Invoice - 6/1/2023 1:11:59 PM
05/2023 account 233956
101-000-420-542-75-30-00 Supplies - City Parks $10.84
Total Invoice - 6/1/2023 1:11:59 PM $10.84
Total 58690 $10.84
Total Ag Supply Company - 233956 $10.84
Ag Supply Company - 234018
58691 2023 - June 2023 - June 2023 2nd Council
Invoice - 6/1/2023 1:11:17 PM
05/2023 account 234018
001-000-580-558-60-32-00 Fuel Consumed $38.13
Total Invoice - 6/1/2023 1:11:17 PM $38.13
Total 58691 $38.13
Total Ag Supply Company - 234018 $38.13
AG Supply Company - 234034
58692 2023 - June 2023 - June 2023 2nd Council
Invoice - 6/2/2023 7:59:39 AM
05/2023 account 234034
001-000-180-518-30-49-01 Landscaping $7.15
001-000-210-521-10-35-00 Small Tools & Equipment $27.96
101-000-420-542-64-30-00 Supplies - Traffic Control Devices $16.47
101-000-420-542-75-30-00 Supplies - City Parks $13.00
101-000-420-542-75-30-00 Supplies - City Parks $43.39
101-000-420-542-75-30-00 Supplies - City Parks $3.43
101-000-420-542-75-30-00 Supplies - City Parks $34.70
101-000-420-542-75-30-00 Supplies - City Parks $18.43
101-000-420-542-75-30-00 Supplies - City Parks $13.01
101-000-420-542-75-30-00 Supplies - City Parks $19.69
101-000-420-542-75-48-00 Repairs & Maintenance - City Parks $21.69
101-000-430-543-30-30-00 Supplies - General Services $27.07
101-000-430-543-30-30-01 Fuel $1,008.82
501-000-000-548-30-30-25 Street Vehicle Repair Supplies $16.26
Total Invoice - 6/2/2023 7:59:39 AM $1,271.07
Total 58692 $1,271.07
Total AG Supply Company - 234034 $1,271.07
Ag Supply Company - 4953
58693 2023 - June 2023 - June 2023 2nd Council
Invoice - 6/1/2023 1:09:35 PM
05/2023 account 4953
001-000-210-521-10-35-00 Small Tools & Equipment $46.60
101-000-420-542-75-30-00 Supplies - City Parks $41.21
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East Wenatchee - Voucher Directory
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Vendor Number Reference Account Number Description Amount
401-000-008-531-00-30-07 Fuel $689.53
Total Invoice - 6/1/2023 1:09:35 PM $777.34
Total 58693 $777.34
Total Ag Supply Company - 4953 $777.34
Alignment Pros and Express Lube
58694 2023 - June 2023 - June 2023 2nd Council
46725
Police Repairs
501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $87.46
Total 46725 $87.46
47282
Police Repairs
501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $129.57
Total 47282 $129.57
Total 58694 $217.03
Total Alignment Pros and Express Lube $217.03
Ameron Pole Products
58695 2023 - June 2023 - June 2023 2nd Council
50083234
Poles
301-000-000-595-30-60-12 Construction - TIB 3rd/RI Road Signal $61,046.52
Total 50083234 $61,046.52
Total 58695 $61,046.52
Total Ameron Pole Products $61,046.52
Apollo Inc
58696 2023 - June 2023 - June 2023 2nd Council
Invoice - 6/12/2023 1:41:42 PM
Simon St Imrpovements
314-000-000-594-21-60-01 Simon St. Improvements $26,134.04
Total Invoice - 6/12/2023 1:41:42 PM $26,134.04
Total 58696 $26,134.04
Total Apollo Inc $26,134.04
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East Wenatchee - Voucher Directory
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Vendor Number Reference Account Number Description Amount
Apple Land Pest Control & Home Inspections
58697 2023 - June 2023 - June 2023 2nd Council
78343
General pest control
001-000-180-518-30-41-00 Professional Services $293.44
Total 78343 $293.44
Total 58697 $293.44
Total Apple Land Pest Control & Home Inspections $293.44
Apple Valley Pumping Service
58698 2023 - June 2023 - June 2023 2nd Council
CRO62855
Rental fee
107-000-000-521-10-30-00 Supplies & Equipment $110.00
Total CRO62855 $110.00
Total 58698 $110.00
Total Apple Valley Pumping Service $110.00
Axon Enterprises, Inc.
58699 2023 - June 2023 - June 2023 2nd Council
INUS161741
Taser
001-000-210-521-10-35-00 Small Tools & Equipment $405.79
Total INUS161741 $405.79
Total 58699 $405.79
Total Axon Enterprises, Inc.$405.79
Battery Systems Inc
58700 2023 - June 2023 - June 2023 2nd Council
29502306081600
GB70
001-000-210-521-10-35-00 Small Tools & Equipment $206.14
Total 29502306081600 $206.14
Total 58700 $206.14
Total Battery Systems Inc $206.14
Carl Mohns
58701 2023 - June 2023 - June 2023 2nd Council
Invoice - 6/7/2023 8:35:51 AM
Travel Reimbursement
001-000-210-521-10-43-00 Travel $230.50
Total Invoice - 6/7/2023 8:35:51 AM $230.50
Total 58701 $230.50
Total Carl Mohns $230.50
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East Wenatchee - Voucher Directory
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Vendor Number Reference Account Number Description Amount
Cascade Quality Water
58702 2023 - June 2023 - June 2023 2nd Council
90176929
Water
001-000-001-518-91-30-00 Wellness $39.13
Total 90176929 $39.13
Invoice - 6/6/2023 10:04:04 AM
Water
001-000-210-521-10-49-00 Miscellaneous $110.13
Total Invoice - 6/6/2023 10:04:04 AM $110.13
Total 58702 $149.26
Total Cascade Quality Water $149.26
Cdw Government, Inc
58703 2023 - June 2023 - June 2023 2nd Council
JQ62529
314-000-000-594-21-60-01 Simon St. Improvements $901.36
Total JQ62529 $901.36
Total 58703 $901.36
Total Cdw Government, Inc $901.36
Chelan Douglas Community Action Council
58704 2023 - June 2023 - June 2023 2nd Council
Invoice - 6/7/2023 12:38:15 PM
ARP Funds
001-000-001-558-70-40-02 ARPA Contributions $40,000.00
Total Invoice - 6/7/2023 12:38:15 PM $40,000.00
Total 58704 $40,000.00
Total Chelan Douglas Community Action Council $40,000.00
Cintas Corporation 607
58705 2023 - June 2023 - June 2023 2nd Council
4156396923
Supplies
001-000-210-521-10-48-00 Repairs & Maintenance $176.41
101-000-430-543-30-30-00 Supplies - General Services $59.50
Total 4156396923 $235.91
4157177512
Supplies
001-000-210-521-10-48-00 Repairs & Maintenance $16.65
101-000-430-543-30-30-00 Supplies - General Services $41.68
Total 4157177512 $58.33
4157780409
Supplies
001-000-180-518-30-41-00 Professional Services $105.53
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Vendor Number Reference Account Number Description Amount
112-000-000-572-50-47-00 Facilities - Utilities $105.53
Total 4157780409 $211.06
4157780512
Supplies
001-000-210-521-10-48-00 Repairs & Maintenance $16.63
101-000-430-543-30-30-00 Supplies - General Services $41.70
Total 4157780512 $58.33
4158483770
Supplies
001-000-210-521-10-48-00 Repairs & Maintenance $16.65
101-000-430-543-30-30-00 Supplies - General Services $41.68
Total 4158483770 $58.33
Total 58705 $621.96
Total Cintas Corporation 607 $621.96
Classic One East
58706 2023 - June 2023 - June 2023 2nd Council
Invoice - 6/6/2023 10:04:32 AM
Hampton Services
001-000-210-521-10-49-02 Dry Cleaning Services $40.10
Total Invoice - 6/6/2023 10:04:32 AM $40.10
Invoice - 6/6/2023 10:04:50 AM
Sheats Services
001-000-210-521-10-49-02 Dry Cleaning Services $14.86
Total Invoice - 6/6/2023 10:04:50 AM $14.86
Total 58706 $54.96
Total Classic One East $54.96
Code Publishing CO
58707 2023 - June 2023 - June 2023 2nd Council
GC0010861
Codification
001-000-140-514-20-40-02 Codification $691.15
Total GC0010861 $691.15
Total 58707 $691.15
Total Code Publishing CO $691.15
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East Wenatchee - Voucher Directory
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Vendor Number Reference Account Number Description Amount
Columbia River Steel dba: Moses Lake Steel Supply, Inc
58708 2023 - June 2023 - June 2023 2nd Council
Invoice - 6/8/2023 10:53:15 AM
Repairs
001-000-210-521-10-48-00 Repairs & Maintenance $684.44
Total Invoice - 6/8/2023 10:53:15 AM $684.44
Total 58708 $684.44
Total Columbia River Steel dba: Moses Lake Steel Supply, Inc $684.44
Compunet, Inc
58709 2023 - June 2023 - June 2023 2nd Council
223849
314-000-000-594-21-60-01 Simon St. Improvements $264.80
Total 223849 $264.80
Total 58709 $264.80
Total Compunet, Inc $264.80
DeVries Business Records Management Inc
58710 2023 - June 2023 - June 2023 2nd Council
0165840
On site record destruction
001-000-210-521-10-41-00 Professional Services $121.99
Total 0165840 $121.99
Total 58710 $121.99
Total DeVries Business Records Management Inc $121.99
Douglas County Auditor-Recording
58711 2023 - June 2023 - June 2023 2nd Council
Invoice - 6/7/2023 8:31:42 AM
AFN #3260057
301-000-000-595-64-60-01 Construction - 9th/VMP Intersection $209.50
Total Invoice - 6/7/2023 8:31:42 AM $209.50
Invoice - 6/7/2023 8:32:20 AM
AFN #3260203
301-000-000-595-20-60-03 ROW - SRTS - 5th St. Sterling $206.50
Total Invoice - 6/7/2023 8:32:20 AM $206.50
Total 58711 $416.00
Total Douglas County Auditor-Recording $416.00
Douglas County PUD
58712 2023 - June 2023 - June 2023 2nd Council
70 04/21/23-05/22/23
Utilities
001-000-180-518-30-47-01 Utilities - Simon St.$458.00
101-000-420-542-63-47-00 Utilities - Street Lighting $1,494.00
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Vendor Number Reference Account Number Description Amount
101-000-420-542-64-47-00 Utilities - Traffic Control Devices $171.00
Total 70 04/21/23-05/22/23 $2,123.00
Invoice - 6/6/2023 10:05:55 AM
764716 account
001-000-180-518-30-47-01 Utilities - Simon St.$18.00
Total Invoice - 6/6/2023 10:05:55 AM $18.00
Total 58712 $2,141.00
Total Douglas County PUD $2,141.00
Douglas County TLS Attn: Phil Young
58713 2023 - June 2023 - June 2023 2nd Council
Invoice - 6/7/2023 12:38:59 PM
06/01/2023 loan payment
401-000-013-531-00-40-08 Payment to Douglas Co. for PWTFL $74,666.11
Total Invoice - 6/7/2023 12:38:59 PM $74,666.11
Total 58713 $74,666.11
Total Douglas County TLS Attn: Phil Young $74,666.11
East Wenatchee Water Disttrict
58714 2023 - June 2023 - June 2023 2nd Council
9112485-1
Waterline Compaction for Mainline Extension
001-000-180-594-18-60-00 Capital Outlay $3,603.00
Total 9112485-1 $3,603.00
9112503
Inspection Testing Mainline Extension
001-000-180-594-18-60-00 Capital Outlay $434.80
Total 9112503 $434.80
Total 58714 $4,037.80
Total East Wenatchee Water Disttrict $4,037.80
Fastenal Company
58715 2023 - June 2023 - June 2023 2nd Council
WAWEN260369
Supplies
501-000-000-548-30-30-25 Street Vehicle Repair Supplies $96.96
Total WAWEN260369 $96.96
WAWEN261111
Supplies
101-000-420-542-75-30-00 Supplies - City Parks $25.58
Total WAWEN261111 $25.58
WAWEN261150
Supplies
101-000-420-542-64-48-00 Repairs & Maintenance - Traffic Control Devices $31.37
Total WAWEN261150 $31.37
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Vendor Number Reference Account Number Description Amount
WAWEN261237
Supplies
501-000-000-548-30-30-25 Street Vehicle Repair Supplies $203.44
Total WAWEN261237 $203.44
Total 58715 $357.35
Total Fastenal Company $357.35
GO Usa/Hamilton & Assoc
58716 2023 - June 2023 - June 2023 2nd Council
71651-1
001-000-210-521-10-35-00 Small Tools & Equipment $43.48
Total 71651-1 $43.48
Total 58716 $43.48
Total GO Usa/Hamilton & Assoc $43.48
Greater Wenatchee Girls Softball Association
58717 2023 - June 2023 - June 2023 2nd Council
105
LTAC Funds
117-000-100-594-58-64-00 EWEB Capital Outlay $10,000.00
Total 105 $10,000.00
Total 58717 $10,000.00
Total Greater Wenatchee Girls Softball Association $10,000.00
Haglund's Trophies
58718 2023 - June 2023 - June 2023 2nd Council
70672
Classy Chassis Supplies
117-000-300-557-30-31-12 Classy Chassis Office Supplies $1,376.50
Total 70672 $1,376.50
Total 58718 $1,376.50
Total Haglund's Trophies $1,376.50
Ingersoll Rand Industrial
58719 2023 - June 2023 - June 2023 2nd Council
26562937
Oil Water Separator
001-000-180-594-18-60-00 Capital Outlay $1,994.71
Total 26562937 $1,994.71
26573821
UP6 Rotary Screw Air Compressor
001-000-180-594-18-60-00 Capital Outlay $11,517.96
Total 26573821 $11,517.96
Total 58719 $13,512.67
Total Ingersoll Rand Industrial $13,512.67
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Vendor Number Reference Account Number Description Amount
JDSA Law Firm
58720 2023 - June 2023 - June 2023 2nd Council
Invoice - 6/6/2023 2:05:50 PM
05/2023 legal services
001-000-151-515-41-40-00 Legal Services $6,436.50
Total Invoice - 6/6/2023 2:05:50 PM $6,436.50
Total 58720 $6,436.50
Total JDSA Law Firm $6,436.50
Justin Titus
58721 2023 - June 2023 - June 2023 2nd Council
Invoice - 6/1/2023 1:19:57 PM
05/31-conflict cases
001-000-120-512-51-40-05 Judge Protems $150.00
Total Invoice - 6/1/2023 1:19:57 PM $150.00
Invoice - 6/12/2023 1:44:12 PM
09/09/23-conflict cases
001-000-120-512-51-40-05 Judge Protems $150.00
Total Invoice - 6/12/2023 1:44:12 PM $150.00
Total 58721 $300.00
Total Justin Titus $300.00
Kelley Connect
58722 2023 - June 2023 - June 2023 2nd Council
34161236
Office Machine
001-000-141-514-20-31-01 Office Machine Costs $719.70
001-000-141-591-18-70-01 Copy Machine Lease $319.51
Total 34161236 $1,039.21
Total 58722 $1,039.21
Total Kelley Connect $1,039.21
Keyhole Security Center Inc
58723 2023 - June 2023 - June 2023 2nd Council
353612
001-000-180-518-30-41-00 Professional Services $561.87
Total 353612 $561.87
354013
001-000-210-521-10-41-00 Professional Services $335.81
Total 354013 $335.81
354015
001-000-210-521-10-41-00 Professional Services $438.29
Total 354015 $438.29
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Vendor Number Reference Account Number Description Amount
354047
001-000-210-521-10-41-00 Professional Services $685.61
Total 354047 $685.61
Total 58723 $2,021.58
Total Keyhole Security Center Inc $2,021.58
Language Line Services, Inc
58724 2023 - June 2023 - June 2023 2nd Council
11023303
Over the phone interpretation
001-000-210-521-10-41-00 Professional Services $21.66
Total 11023303 $21.66
Total 58724 $21.66
Total Language Line Services, Inc $21.66
Leeon Leyde
58725 2023 - June 2023 - June 2023 2nd Council
Invoice - 6/6/2023 10:08:25 AM
Clothing Allowance Reimbursement
001-000-210-521-10-20-01 Clothing Allowance $116.08
Total Invoice - 6/6/2023 10:08:25 AM $116.08
Total 58725 $116.08
Total Leeon Leyde $116.08
Les Schwab Tire Center Inc
58726 2023 - June 2023 - June 2023 2nd Council
34301389525
Repairs
501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $99.78
Total 34301389525 $99.78
34301391083
Repairs
501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $248.76
Total 34301391083 $248.76
34301400900
Repairs
501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $1,136.62
Total 34301400900 $1,136.62
Total 58726 $1,485.16
Total Les Schwab Tire Center Inc $1,485.16
Printed by COEW\DSanchez on 6/14/2023 1:21:45 PM Page 11 of 24
East Wenatchee - Voucher Directory
06-20-2023 City Council Agenda Packet
Page 18 of 200
Vendor Number Reference Account Number Description Amount
Localtel Communications
58727 2023 - June 2023 - June 2023 2nd Council
Invoice - 6/13/2023 7:58:17 AM
001-000-180-518-30-47-00 Utilities $432.08
Total Invoice - 6/13/2023 7:58:17 AM $432.08
Total 58727 $432.08
Total Localtel Communications $432.08
Motorola Solutions
58728 2023 - June 2023 - June 2023 2nd Council
8230412419
Annual Spillman
001-000-145-514-20-40-20 Annual License - Spillman, NetMotion & Ragnasoft $16,480.52
Total 8230412419 $16,480.52
Total 58728 $16,480.52
Total Motorola Solutions $16,480.52
North Cascades Heating & Air Conditioning, Inc
58729 2023 - June 2023 - June 2023 2nd Council
31415
Simon St repairs
001-000-180-518-30-41-00 Professional Services $385.18
Total 31415 $385.18
31991
Quarterly HVAC Maintenance per contract
001-000-180-518-30-41-00 Professional Services $836.17
Total 31991 $836.17
32061
Simon St repairs
001-000-180-518-30-41-00 Professional Services $678.13
Total 32061 $678.13
Total 58729 $1,899.48
Total North Cascades Heating & Air Conditioning, Inc $1,899.48
Numerica Credit Union
58730 2023 - June 2023 - June 2023 2nd Council
Invoice - 6/8/2023 9:24:43 AM
05/2023 Credit Card Payment
001-000-120-512-51-40-03 Miscellaneous $141.58
Amazon
001-000-139-518-10-40-02 Travel $315.98
Holiday Inn
001-000-139-518-10-40-02 Travel $46.85
Ag Supply
001-000-139-518-10-40-07 Pre-Employment Services $27.20
Embark
Printed by COEW\DSanchez on 6/14/2023 1:21:45 PM Page 12 of 24
East Wenatchee - Voucher Directory
06-20-2023 City Council Agenda Packet
Page 19 of 200
Vendor Number Reference Account Number Description Amount
001-000-140-514-20-31-00 Office Supplies $66.27
Costco
001-000-140-514-20-31-00 Office Supplies $30.36
Amazoon
001-000-140-514-20-31-00 Office Supplies $29.28
Amazon
001-000-140-514-20-31-00 Office Supplies $140.12
Office Depot
001-000-140-514-20-31-00 Office Supplies $37.68
Costco
001-000-140-514-20-31-01 Central Stores $37.96
Amazon
001-000-140-514-20-31-01 Central Stores $13.65
WA DOL
001-000-140-514-20-40-01 Records Services $117.17
Office Depot
001-000-140-514-20-41-00 Membership Dues & Publications $25.00
WPY
001-000-142-514-20-31-00 Office Supplies $50.07
Ag Supply
001-000-142-514-20-31-00 Office Supplies $205.66
Etsy
001-000-142-514-20-31-00 Office Supplies $288.58
Wayfair
001-000-142-514-20-40-02 Bank Charges & Fees $3.09
Bank Charges
001-000-145-514-20-30-01 Non-Capital - PC Software Admin $85.87
Directnic
001-000-145-514-20-30-02 Non-Capital - PC Hardware Admin $28.19
Amazon
001-000-145-514-20-30-02 Non-Capital - PC Hardware Admin $153.91
Amazon
001-000-145-514-20-30-02 Non-Capital - PC Hardware Admin $71.41
Amazon
001-000-145-514-20-30-02 Non-Capital - PC Hardware Admin $20.15
Office Depot
001-000-145-514-20-30-02 Non-Capital - PC Hardware Admin ($115.04)
Amazon
001-000-145-514-20-31-00 Supplies $27.67
Staples
001-000-145-514-20-43-00 Training $4,000.00
Blackhat
001-000-180-518-30-49-00 Miscellaneous $7.00
Shaved Ice
001-000-180-518-30-49-00 Miscellaneous $6.42
R-Shack BBQ
Printed by COEW\DSanchez on 6/14/2023 1:21:45 PM Page 13 of 24
East Wenatchee - Voucher Directory
06-20-2023 City Council Agenda Packet
Page 20 of 200
Vendor Number Reference Account Number Description Amount
001-000-180-518-30-49-00 Miscellaneous $23.74
Blue Skies Food
001-000-180-518-30-49-00 Miscellaneous $23.46
FredMeyer
001-000-180-518-30-49-00 Miscellaneous $41.97
Teriyaki
001-000-180-518-30-49-00 Miscellaneous $50.21
Alberstons
001-000-210-521-10-31-00 Office Supplies $21.69
Hobby Lobby
001-000-210-521-10-31-00 Office Supplies $54.20
Amazon
001-000-210-521-10-31-00 Office Supplies $23.75
Amazon
001-000-210-521-10-31-00 Office Supplies $12.97
Amazon
001-000-210-521-10-31-00 Office Supplies $64.52
Amazon
001-000-210-521-10-31-00 Office Supplies $56.26
Amazon
001-000-210-521-10-31-02 SWAT - Uniforms & Clothing $1,790.24
Amazon
001-000-210-521-10-32-00 Fuel Consumed $79.42
Chevron
001-000-210-521-10-32-00 Fuel Consumed $61.28
Safeway Fuel
001-000-210-521-10-32-00 Fuel Consumed $76.26
Warrior's Quick Stop
001-000-210-521-10-32-00 Fuel Consumed $15.36
Electrify
001-000-210-521-10-32-00 Fuel Consumed $83.75
Handy Fuel
001-000-210-521-10-32-00 Fuel Consumed $7.19
Electrify
001-000-210-521-10-32-00 Fuel Consumed $60.41
Shell
001-000-210-521-10-32-00 Fuel Consumed $33.12
Electrify
001-000-210-521-10-32-00 Fuel Consumed $56.83
Love's
001-000-210-521-10-32-00 Fuel Consumed $78.15
Handy Fuel
001-000-210-521-10-35-00 Small Tools & Equipment $132.24
Amazon
001-000-210-521-10-35-00 Small Tools & Equipment $9.99
Browning Strike
Printed by COEW\DSanchez on 6/14/2023 1:21:45 PM Page 14 of 24
East Wenatchee - Voucher Directory
06-20-2023 City Council Agenda Packet
Page 21 of 200
Vendor Number Reference Account Number Description Amount
001-000-210-521-10-35-00 Small Tools & Equipment $33.22
001-000-210-521-10-35-00 Small Tools & Equipment $66.44
001-000-210-521-10-35-00 Small Tools & Equipment $86.75
Amazon
001-000-210-521-10-35-00 Small Tools & Equipment $166.96
Amazon
001-000-210-521-10-35-00 Small Tools & Equipment $68.89
Amazon
001-000-210-521-10-35-00 Small Tools & Equipment $35.81
Amazon
001-000-210-521-10-35-00 Small Tools & Equipment $33.07
001-000-210-521-10-35-00 Small Tools & Equipment $119.34
Amazon
001-000-210-521-10-35-00 Small Tools & Equipment $206.14
001-000-210-521-10-35-00 Small Tools & Equipment $198.53
Ag Supply
001-000-210-521-10-41-00 Professional Services $108.34
City of Spokane
001-000-210-521-10-41-00 Professional Services $211.58
Mixtiles
001-000-210-521-10-41-00 Professional Services $12.99
Canva
001-000-210-521-10-43-00 Travel $41.40
001-000-210-521-10-43-00 Travel $16.54
001-000-210-521-10-43-00 Travel $45.27
001-000-210-521-10-43-00 Travel $18.18
001-000-210-521-10-43-00 Travel $53.55
001-000-210-521-10-48-00 Repairs & Maintenance $124.55
Graphics and Glass
001-000-210-521-30-40-00 Crime Prevention $138.26
Amazon
001-000-210-521-40-40-00 Training - Police Chief $24.34
Mo's
001-000-210-521-40-40-00 Training - Police Chief $5.48
Camp Rilea
001-000-210-521-40-40-00 Training - Police Chief $28.00
Dundee's
001-000-210-521-40-40-00 Training - Police Chief $33.75
Fort George
001-000-210-521-40-40-00 Training - Police Chief $4.78
Safeway
001-000-210-521-40-40-01 Training - Officers ($400.00)
National Association
001-000-210-521-40-40-01 Training - Officers $1,375.00
Univeristy of Louisville
Printed by COEW\DSanchez on 6/14/2023 1:21:45 PM Page 15 of 24
East Wenatchee - Voucher Directory
06-20-2023 City Council Agenda Packet
Page 22 of 200
Vendor Number Reference Account Number Description Amount
001-000-210-521-40-40-01 Training - Officers $495.00
Axon
101-000-420-542-64-30-00 Supplies - Traffic Control Devices $10.84
Coastal
101-000-420-542-69-30-00 Supplies - Flags/Banners $428.07
Flagstore
101-000-430-543-30-30-00 Supplies - General Services $149.61
Stan's
101-000-430-543-30-30-00 Supplies - General Services $111.68
Costco
101-000-430-543-30-30-00 Supplies - General Services $21.69
Coastal
101-000-430-544-90-49-01 Training $42.25
DOL
117-000-100-557-30-25-00 Marketing - Regional Tourism $772.86
4imprint
117-000-100-594-58-64-00 EWEB Capital Outlay $1,440.00
Eventeny
117-000-115-557-30-31-05 Office Supplies $323.68
Amazon
117-000-115-557-30-31-05 Office Supplies $6.49
Chinook Music
117-000-115-557-30-31-05 Office Supplies $6.78
Dollar Tree
117-000-300-557-30-31-12 Classy Chassis Office Supplies $61.04
Office Depot
117-000-300-557-30-44-12 CC - Advertising $16.26
Meta
117-000-300-557-30-44-12 CC - Advertising $22.00
Meta
117-000-300-557-30-49-12 CC - Miscellaneous $26.53
Safeway
117-000-300-557-30-49-12 CC - Miscellaneous $82.56
Domino's
117-000-620-557-30-30-01 PFOF Supplies & Equipment $120.03
Amazon
117-000-620-557-30-30-01 PFOF Supplies & Equipment $23.89
Hobby Lobby
117-000-620-557-30-30-01 PFOF Supplies & Equipment $21.61
Goodwill
117-000-620-557-30-30-01 PFOF Supplies & Equipment $8.66
Goodwill
117-000-620-557-30-30-01 PFOF Supplies & Equipment $71.60
Amazon
401-000-001-531-00-40-04 Miscellaneous $23.74
Amazon
Printed by COEW\DSanchez on 6/14/2023 1:21:45 PM Page 16 of 24
East Wenatchee - Voucher Directory
06-20-2023 City Council Agenda Packet
Page 23 of 200
Vendor Number Reference Account Number Description Amount
501-000-000-548-30-30-25 Street Vehicle Repair Supplies $686.18
Schaeffer Manufactoring
Total Invoice - 6/8/2023 9:24:43 AM $16,549.30
Total 58730 $16,549.30
Total Numerica Credit Union $16,549.30
Office Depot Credit Plan
58731 2023 - June 2023 - June 2023 2nd Council
315222140001
Paper
001-000-210-521-10-31-00 Office Supplies $377.25
Total 315222140001 $377.25
Total 58731 $377.25
Total Office Depot Credit Plan $377.25
One Stop Package Drop, LLC
58732 2023 - June 2023 - June 2023 2nd Council
Invoice - 6/14/2023 10:41:54 AM
UPS police account
001-000-210-521-10-42-03 Postage $457.94
Total Invoice - 6/14/2023 10:41:54 AM $457.94
Total 58732 $457.94
Total One Stop Package Drop, LLC $457.94
OneBridge Benefits
58733 2023 - June 2023 - June 2023 2nd Council
INV-1789
06/23 admin fees
001-000-142-514-20-40-01 FSA Administrative Fee $50.00
Total INV-1789 $50.00
Total 58733 $50.00
Total OneBridge Benefits $50.00
O'Reilly
58734 2023 - June 2023 - June 2023 2nd Council
2521-369938
Supplies
501-000-000-548-30-48-20 Street Vehicle Repairs & Maintenance $164.38
Total 2521-369938 $164.38
2521-369970
Supplies
501-000-000-548-30-48-20 Street Vehicle Repairs & Maintenance $17.34
Total 2521-369970 $17.34
Printed by COEW\DSanchez on 6/14/2023 1:21:45 PM Page 17 of 24
East Wenatchee - Voucher Directory
06-20-2023 City Council Agenda Packet
Page 24 of 200
Vendor Number Reference Account Number Description Amount
2521-371220
Supplies
501-000-000-548-30-48-30 Street Equipment Repairs $7.37
Total 2521-371220 $7.37
2521-371747
Supplies
501-000-000-548-30-48-20 Street Vehicle Repairs & Maintenance $26.03
Total 2521-371747 $26.03
Total 58734 $215.12
Total O'Reilly $215.12
Paladin Background Screening
58735 2023 - June 2023 - June 2023 2nd Council
4000
Isenhart
001-000-139-518-10-40-07 Pre-Employment Services $26.00
Total 4000 $26.00
Total 58735 $26.00
Total Paladin Background Screening $26.00
Parker Corporation Services, INC DBA Merchant Patrol Security
58736 2023 - June 2023 - June 2023 2nd Council
46741
Security
001-000-120-512-51-40-08 Security $552.90
Total 46741 $552.90
Total 58736 $552.90
Total Parker Corporation Services, INC DBA Merchant Patrol Security $552.90
Patrick McMahon
58737 2023 - June 2023 - June 2023 2nd Council
Invoice - 6/6/2023 2:07:30 PM
06/05/23 judge protems
001-000-120-512-50-49-02 Judge Protems $300.00
Total Invoice - 6/6/2023 2:07:30 PM $300.00
Total 58737 $300.00
Total Patrick McMahon $300.00
Printed by COEW\DSanchez on 6/14/2023 1:21:45 PM Page 18 of 24
East Wenatchee - Voucher Directory
06-20-2023 City Council Agenda Packet
Page 25 of 200
Vendor Number Reference Account Number Description Amount
Perteet Engineering, Inc
58738 2023 - June 2023 - June 2023 2nd Council
20210312.0001-4
3rd/RI Road Signal
301-000-000-595-30-60-12 Construction - TIB 3rd/RI Road Signal $8,162.50
Total 20210312.0001-4 $8,162.50
Total 58738 $8,162.50
Total Perteet Engineering, Inc $8,162.50
Poltz Fire Protection
58739 2023 - June 2023 - June 2023 2nd Council
126526
101-000-430-543-30-30-00 Supplies - General Services $74.80
Total 126526 $74.80
126527
001-000-210-521-10-35-00 Small Tools & Equipment $110.57
Total 126527 $110.57
Total 58739 $185.37
Total Poltz Fire Protection $185.37
Rh2 Engineering, Inc.
58740 2023 - June 2023 - June 2023 2nd Council
91027
2023 Rock Island Overlay
301-000-000-595-30-60-13 TIB APP Overlay - RI Road $42,000.00
Total 91027 $42,000.00
91028
Grant Rd National Hwy System Asset Mgmt Prgm Prjt
301-000-000-595-10-40-04 Design - Grant Rd/Highline Dr Intersection
Improvements
$9,995.48
301-000-000-595-10-60-00 Design - NHS Overlay Grover to Kentucky $27,156.99
301-000-000-595-10-60-01 NHFP Grant Road Overlay - VMP to Grover $156.80
Total 91028 $37,309.27
91029
Grant Rd National Hwy System Asset Mgmt Prgm Prjt
301-000-000-595-10-40-04 Design - Grant Rd/Highline Dr Intersection
Improvements
$5,013.48
301-000-000-595-10-60-01 NHFP Grant Road Overlay - VMP to Grover $6,734.02
Total 91029 $11,747.50
91036
401-000-016-594-31-60-00 Design - Pace Pond Ecology Grant $457.82
Total 91036 $457.82
Total 58740 $91,514.59
Total Rh2 Engineering, Inc.$91,514.59
Printed by COEW\DSanchez on 6/14/2023 1:21:45 PM Page 19 of 24
East Wenatchee - Voucher Directory
06-20-2023 City Council Agenda Packet
Page 26 of 200
Vendor Number Reference Account Number Description Amount
Rivercom
58741 2023 - June 2023 - June 2023 2nd Council
Invoice - 6/8/2023 8:34:12 AM
06/2023 monthly payment
001-000-001-528-70-40-00 River Com $14,670.17
Total Invoice - 6/8/2023 8:34:12 AM $14,670.17
Total 58741 $14,670.17
Total Rivercom $14,670.17
Selland Construction, Inc
58742 2023 - June 2023 - June 2023 2nd Council
Invoice - 6/14/2023 12:23:49 PM
Pay Estimate No 4 - 9th/VMP Intersection
301-000-000-595-64-60-01 Construction - 9th/VMP Intersection $383,919.04
Total Invoice - 6/14/2023 12:23:49 PM $383,919.04
Total 58742 $383,919.04
Total Selland Construction, Inc $383,919.04
Special Asphalt Products Inc.
58743 2023 - June 2023 - June 2023 2nd Council
INVC092504
Supplies
101-000-420-542-30-30-00 Supplies - Roadway $21,191.07
Total INVC092504 $21,191.07
INVC092638
Supplies
101-000-420-542-30-30-00 Supplies - Roadway $370.99
Total INVC092638 $370.99
INVC092739
Supplies
101-000-420-542-30-30-00 Supplies - Roadway $6,929.63
Total INVC092739 $6,929.63
Total 58743 $28,491.69
Total Special Asphalt Products Inc.$28,491.69
Systems For Public Safety Inc.
58744 2023 - June 2023 - June 2023 2nd Council
42618
2022 Eletric Car
501-000-000-594-21-60-00 Capital - Police Vehicles $23,333.47
Total 42618 $23,333.47
Printed by COEW\DSanchez on 6/14/2023 1:21:45 PM Page 20 of 24
East Wenatchee - Voucher Directory
06-20-2023 City Council Agenda Packet
Page 27 of 200
Vendor Number Reference Account Number Description Amount
44203
2022 Eletric Car
001-000-210-521-10-48-00 Repairs & Maintenance $288.75
Total 44203 $288.75
Total 58744 $23,622.22
Total Systems For Public Safety Inc.$23,622.22
Tammy M Patterson
58745 2023 - June 2023 - June 2023 2nd Council
00025
06/2023 civil services
001-000-160-521-10-10-00 Salaries $425.00
Total 00025 $425.00
Total 58745 $425.00
Total Tammy M Patterson $425.00
The Brave Warrior Project
58746 2023 - June 2023 - June 2023 2nd Council
Invoice - 6/13/2023 11:56:05 AM
ARPA Contributions
001-000-001-558-70-40-02 ARPA Contributions $50,000.00
Total Invoice - 6/13/2023 11:56:05 AM $50,000.00
Total 58746 $50,000.00
Total The Brave Warrior Project $50,000.00
Traffic Safety Supply
58747 2023 - June 2023 - June 2023 2nd Council
INV059970
101-000-420-542-64-30-00 Supplies - Traffic Control Devices $1,289.77
Total INV059970 $1,289.77
Total 58747 $1,289.77
Total Traffic Safety Supply $1,289.77
Tye Sheats
58748 2023 - June 2023 - June 2023 2nd Council
Invoice - 6/7/2023 8:33:40 AM
Travel Reimbursement
001-000-210-521-10-43-00 Travel $230.50
Total Invoice - 6/7/2023 8:33:40 AM $230.50
Total 58748 $230.50
Total Tye Sheats $230.50
Printed by COEW\DSanchez on 6/14/2023 1:21:45 PM Page 21 of 24
East Wenatchee - Voucher Directory
06-20-2023 City Council Agenda Packet
Page 28 of 200
Vendor Number Reference Account Number Description Amount
Verizon Wireless
58749 2023 - June 2023 - June 2023 2nd Council
9936393501
Telephone payment
001-000-210-521-10-42-01 Telephone $1,162.68
Total 9936393501 $1,162.68
Total 58749 $1,162.68
Total Verizon Wireless $1,162.68
Washington State Department of Licensing
58750 2023 - June 2023 - June 2023 2nd Council
Invoice - 6/14/2023 12:36:05 PM
CPL'S
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP003101
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP003104
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP003097
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP003105
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP003102
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP003107
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP003103
635-000-000-589-30-00-03 Gun Permit State Remittance $18.00
EWP003108
Total Invoice - 6/14/2023 12:36:05 PM $144.00
Total 58750 $144.00
Total Washington State Department of Licensing $144.00
Washington State Department of Transportation
58751 2023 - June 2023 - June 2023 2nd Council
RE 42 JB2234 L207
Traffic Signal Maintenance
101-000-420-542-63-47-00 Utilities - Street Lighting $497.10
Total RE 42 JB2234 L207 $497.10
Total 58751 $497.10
Total Washington State Department of Transportation $497.10
Printed by COEW\DSanchez on 6/14/2023 1:21:45 PM Page 22 of 24
East Wenatchee - Voucher Directory
06-20-2023 City Council Agenda Packet
Page 29 of 200
Vendor Number Reference Account Number Description Amount
Washington State Patrol
58752 2023 - June 2023 - June 2023 2nd Council
I23006557
635-000-000-589-30-00-03 Gun Permit State Remittance $212.00
Total I23006557 $212.00
Total 58752 $212.00
Total Washington State Patrol $212.00
Waxie Sanitary Supply
58753 2023 - June 2023 - June 2023 2nd Council
81750695
001-000-180-518-30-31-06 Cleaning & Sanitation Supplies $292.19
Total 81750695 $292.19
Total 58753 $292.19
Total Waxie Sanitary Supply $292.19
Woods, Brangwin, & Bratton, PLLC
58754 2023 - June 2023 - June 2023 2nd Council
Invoice - 6/12/2023 1:46:08 PM
05/2023 PDC
001-000-110-511-60-30-00 Public Defender Conflicts $135.00
Total Invoice - 6/12/2023 1:46:08 PM $135.00
Total 58754 $135.00
Total Woods, Brangwin, & Bratton, PLLC $135.00
Xerox Corporation
58755 2023 - June 2023 - June 2023 2nd Council
018990669
Machine Cost
001-000-210-521-10-31-05 Office Machine Costs $144.54
001-000-210-591-21-70-00 Copy Machine Lease $220.89
Total 018990669 $365.43
018990672
Machine Cost
001-000-120-591-12-70-00 Copy Machine Lease $215.25
001-000-120-594-12-60-00 Capital Outlay $82.42
Total 018990672 $297.67
Total 58755 $663.10
Total Xerox Corporation $663.10
Printed by COEW\DSanchez on 6/14/2023 1:21:45 PM Page 23 of 24
East Wenatchee - Voucher Directory
06-20-2023 City Council Agenda Packet
Page 30 of 200
Vendor Number Reference Account Number Description Amount
Ziply Fiber
58756 2023 - June 2023 - June 2023 2nd Council
Invoice - 6/1/2023 1:24:07 PM
509-884-4027-121506-5 utilities
101-000-420-542-64-47-00 Utilities - Traffic Control Devices $145.84
Total Invoice - 6/1/2023 1:24:07 PM $145.84
Total 58756 $145.84
Total Ziply Fiber $145.84
Grand Total Vendor Count 71 $901,998.68
Printed by COEW\DSanchez on 6/14/2023 1:21:45 PM Page 24 of 24
East Wenatchee - Voucher Directory
06-20-2023 City Council Agenda Packet
Page 31 of 200
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In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.)
06-06-2023 Council Meeting Minutes.docx06-06-2023 Council Meeting Minutes
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East Wenatchee City Council Meeting
Tuesday, June 6, 2023
East Wenatchee City Hall
271 9th Street NE
East Wenatchee, WA 98802
Minutes
In attendance: Staff in attendance:
Mayor Jerrilea Crawford Curtis Lillquist, Community Development Director
Councilmember Harry Raab Josh DeLay, Finance Director
Councilmember Sasha Sleiman Erik Hampton, Assistant Police Chief
Councilmember John Sterk Garren Melton, Public Works Manager
Councilmember Christine Johnson Trina Elmes, Events Director
Councilmember Shayne Magdoff Anna Laura Leon, City Clerk
Councilmember Matthew Hepner
Councilmember Robert Tidd
6:00 p.m. Regular Meeting.
1. Call to Order, Roll Call and Pledge of Allegiance.
2. Consent Items:
Vouchers:
a. Date: 06-06-2023, Checks: 58614, 58616-58682, in the amount of $247,537.64.
Minutes:
b. 05-16-2023 Council Meeting Minutes.
Motion by Councilmember Tidd to approve consent items. Councilmember Johnson
seconded the motion. Motion Carried (7-0).
3. Citizen Requests/Comments.
Public Comment was given by:
Nathan Scott, resident of East Wenatchee.
4. Presentations.
a. Assistant Police Chief Erik Hampton presented a retirement certificate to Jeanie
Bryant who served in the Police Department for thirty-three years.
b. Senator Brad Hawkins provided an update on the 2023 Legislative Session and
thanked Mayor Crawford and the City Council for their support on Senate Bill 5001.
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In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.)
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Page 2 of 4
5. Public Hearings.
a. Mayor Crawford opened the public hearing at 6:21 p.m., for the purpose of receiving
public comment regarding the amendments to the 2021 CAPER.
i. Community Development Director Curtis Lillquist presented Resolution 2023-
34, adopting an amended “City of East Wenatchee 2021 Consolidated Annual
Performance and Evaluation Report” in accordance with the requirements of
the U.S. Department of Housing and Urban Development regulations at 24
CFR Part 91, repealing Resolution 2023-17 and establishing an effective date.
Mayor Crawford closed the public hearing at 6:23 p.m.
Motion by Councilmember Hepner to approve Resolution 2023-34 adopting an
amendment to the City of East Wenatchee 2021 Consolidated Annual Performance
and Evaluation Report and authorize Mayor Crawford to sign all required HUD
certifications. Councilmember Magdoff seconded the motion. Motion carried (7-0).
6. Action Items.
a. Assistant City Attorney Sean Lewis presented Resolution 2023-33, authorizing the
Mayor to execute an Agreement between the City and the law firm of Krake Law
PLLC, for Conflict Public Defender Services.
Comments provided by Councilmember Magdoff and Councilmember Hepner.
Motion by Councilmember Tidd to approve Resolution 2023-33 authorizing Mayor
Crawford to execute an Agreement between the City and the law firm of Krake
Law, PLLC for Conflict Public Defender Services as presented in Exhibit A.
Councilmember Johnson seconded the motion. Motion carried (7-0).
b. Community Development Director Curtis Lillquist presented Resolution 2023-36,
adopting an amended Development Application Permit Cost Recovery Schedule and
repealing Resolution 2014-12.
Comments provided by Councilmember Magdoff
Motion by Councilmember Tidd to approve Resolution 2023-36 amending the
Development Application Permit Processing Cost Recovery Schedule.
Councilmember Raab seconded the motion. Motion carried (7-0).
c. Finance Director Josh DeLay presented the ARP Funds Committee Funding
recommendations.
Motion by Councilmember Magdoff to authorize Mayor Crawford to sign and
execute agreements with: The Brave Warrior Project for an amount not to exceed
$50,000; Chelan and Douglas Community Action Council for an amount not to
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In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.)
06-06-2023 Council Meeting Minutes.docx06-06-2023 Council Meeting Minutes
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exceed $40,000; and The Eastmont Park District for an amount not to exceed
$15,000. Councilmember Hepner seconded the motion. Motion carried (7-0).
d. Public Works Manager Garren Melton presented setting a hearing date for a
frontage improvement deferral for Short Plat application 2022-02.
Comments provided by Councilmember Magdoff.
Motion by Councilmember Tidd to set the hearing date of June 20, 2023 to
consider the frontage improvement deferral for Short Plat Application 2022-02 on
N James Ave. Councilmember Johnson seconded the motion. Motion carried (7-0).
7. Mayor’s Report.
a. Mayor Crawford shared information on the scheduled open house sessions where
the community can learn more and provide input regarding the Regional Sports
Complex.
b. Mayor Crawford shared information on the current closure of 3rd Street SE and Rock
Island Road and indicated the closure is scheduled to end on June 25, 2023.
c. Mayor Crawford announced the hiring of Doug Jones as the new Executive Director
for RiverCom.
d. Mayor Crawford provided information on the Washington State University Extension
Master Gardener Program 50th Anniversary taking place on June 10, 2023.
e. Mayor Crawford invited City Council to the Ribbon Cutting Ceremony for the new
Fitness Court at Eastmont Community Park being held on June 7, 2023.
f. Mayor Crawford announced the first meeting in July for City Council is scheduled to
take place on the 4th of July and indicated the need to reschedule the meeting.
Based on input from the Council, discussion, and an action to reschedule the
meeting would take place at the June 20th meeting.
8. Council Reports & Announcements.
a. Councilmember Magdoff provided an update on the Chelan County and City of
Wenatchee Housing Authority, City of Leavenworth reviewed design plans for the
proposed mixed-use workforce housing project - combining parking, retail shopping
and apartments.
b. Councilmember Magdoff provided an update on the Wenatchee Valley Museum and
Cultural Center Capital Campaign.
c. Councilmember Tidd announced the selection of Link Transit’s new CEO, Nick Covey.
d. Councilmember Tidd shared a comment he received by an East Wenatchee resident
regarding an aroma coming from the Wastewater Treatment Plant.
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In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk
at (509) 886-6103 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1.)
06-06-2023 Council Meeting Minutes.docx06-06-2023 Council Meeting Minutes
Page 4 of 4
e. Councilmember Raab asked for a report on drug crime and jail occupancy statistics
correlated with the cost of incurred by the City of East Wenatchee.
f. Councilmember Hepner shared he would be representing the City of East
Wenatchee in a Civics Health Dialogue as Washington State Lieutenant Governor
Denny Heck hosted the roundtable discussion in the region.
g. Councilmember Magdoff announced that the Columbia River Homeless Task Force
had received an additional $415,000 (from the Washington State Department of
Commerce. Councilmember Magdoff indicated the funds would be used towards
infrastructure needs that included pallet shelters and the two site parks.
9. Adjournment. With no further business, the meeting adjourned at 6:55 p.m.
Jerrilea Crawford, Mayor
Attest:
Anna Laura Leon, City Clerk
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East Wenatchee
Council Agenda Bill
To: Mayor Crawford and Council
From/Presenter: Garren Melton, Public Works Manager
Subject: Resolution 2023-32: Frontage Improvement Deferral Agreement SP 2022-02
Date: June 20, 2023
I. Summary Title:
A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to
execute a deferral agreement for frontage improvements associated with SP 2022-02
between the City of East Wenatchee and the applicant.
II. Background/History:
Per East Wenatchee Municipal Code 15.48.110 City Council must consider all
deferment requests at a hearing. The proposed deferment is for a 10-year term. If
during the 10-year term the City funds a project to construct the deferred
improvements, the property owners would be obligated to reimburse the City for the
actual project costs. If no projects are completed in the 10-year period, the owners
would be released from their obligations.
Deferrals are considered at the discretion of the City Engineer and may be accepted
on a case-by-case basis. Typically, deferrals are approved when the improvements
would not lead to a cohesive corridor, if the City is uncertain what the final
alignment of a street may be, or to use the deferred funds to leverage future grant
dollars.
This agreement would defer frontage improvements to approximately 196’ of N
James Ave that would otherwise be required for SP 2022-02. Deferred
improvements include sidewalk, stormwater, road widening, and associated utility
upgrades. Public Works recommends acceptance of this deferral.
III. Recommended Action: Approve Resolution 2023-32 authorizing the Mayor to
enter into a Deferral Agreement associated with SP 2022-02.
IV. Exhibits: 1. Resolution 2023-32
City of
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City of East Wenatchee Resolution 2023-32 with Exhibit A
Retain Resolution until no longer needed for City-business, then transfer to Washington State
Archives (GS50-05A-16 Rev. 1)
Page 1 of 2
City of East Wenatchee, Washington
Resolution No. 2023-32
A Resolution of the City of East Wenatchee, Washington authorizing
the Mayor to execute a deferral agreement for frontage improvements
associated with SP 2022-02 between the City of East Wenatchee and
the applicant.
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille,
leer en voz alta, etc.), póngase en contacto con el vendedor de la
ciudad al alternateformat@eastwenatcheewa.gov, al (509) 884-
9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish,
Braille, read aloud, etc.), please contact the City Clerk at
alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at
711 (TTY).
2. Authority.
2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City
Council to organize and regulate its internal affairs and to define
the powers, functions and duties of its officers and employees.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO
RESOLVE AS FOLLOWS:
3. Authorization. The City Council authorizes the Mayor to execute a
deferral agreement that conforms to the language set forth in Exhibit
A.
4. Severability. If a court of competent jurisdiction declares any
provision in this resolution to be contrary to law, such declaration
shall not affect the validity of the other provisions of this Resolution.
5. Effective date. This Resolution becomes effective immediately.
Exhibit A
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City of East Wenatchee Resolution 2023-32 with Exhibit A
Retain Resolution until no longer needed for City-business, then transfer to Washington State
Archives (GS50-05A-16 Rev. 1)
Page 2 of 2
Passed by the City Council of East Wenatchee, at a regular meeting
thereof on this _____ day of _______________, 2023.
The City of East Wenatchee,
Washington
By ________________________
Jerrilea Crawford, Mayor
Attest:
___________________________
Anna Laura Leon, City Clerk
Approved as to form only:
___________________________
Sean Lewis, Assistant City Attorney
Filed with the City Clerk: __________
Passed by the City Council: __________
Effective Date: __________
Exhibit A
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DEFERRED IMPROVEMENTS AGREEMENT (6/2023) – CITY OF EAST WENATCHEE SP 2022-02
Return Document to: City of East Wenatchee
Public Works
271 9th Street NE
East Wenatchee, WA 98802
Document Title: Deferred Improvements Agreement
Related Documents: N/A
Grantor: Jaime Flores
Grantee: City of East Wenatchee
Legal Description: LOT 12 EX S 5 FT. FOR RD; BLK 7; GRANT ROAD ADDITION
All lots and tracts in SP 2022-02 – Flores Short Plat
Parcel Number(s): 60100701200 (parent parcel)
DEFERRED IMPROVEMENTS AGREEMENT
Covenants Consenting to Formation of District and Agreeing to Pay For Future Construction of N
James Ave Improvements
This Agreement is made this day by and between City of East Wenatchee (City), and the
undersigned Owner, (hereinafter ‘parties’).
WHEREAS, the Owner has submitted an application for a development permit;
WHEREAS, the East Wenatchee Municipal Code (EWMC) section 12.50.150 requires that
transportation system and frontage improvements be completed as a condition of final development
permit approval; and
WHEREAS, the City Engineer has, pursuant to EWMC section 12.50.150.C, found that
alternatives to immediate construction of transportation system and frontage improvements are
appropriate;
NOW, THEREFORE, for and in consideration of the granting of a development permit and
deferring such improvements, the parties agree as follows:
1. Project Information.
File Number: SP 2022-02
Project Name: Flores Short Plat
Owner Name: Jaime & Kristy Flores
Address: 1740 10th Pl NE
East Wenatchee, WA 98802
Developer Name: Same as Owner.
Address:
Legal Description: LOT 12 EX S 5 FT. FOR RD; BLK 7; GRANT ROAD ADDITION
All lots and tracts in SP 2022-02 – Flores Short Plat
2. Improvements. The parties hereby agree that the improvements described at Exhibit B, attached
hereto and incorporated by this reference, may be deferred according to the terms and condi tions of this
Agreement.
Exhibit A
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DEFERRED IMPROVEMENTS AGREEMENT (6/2023) – CITY OF EAST WENATCHEE SP 2022-02
3. Deferral of Improvements - Alternatives. The parties hereby agree that the required improvements
shall be deferred by one of the following methods, whichever occurs first:
A. Participation in District. If, prior to construction of the deferred improvements, a local
improvement district (RCW Chapter 35.43), road improvement district (RCW Chapter 36.88), or
transportation benefit district (RCW Chapter 36.73) is hereafter formed that includes the Owner's
property described at Exhibit A and that includes the construction of the deferred improvements
described at Exhibit B, then the Owner hereby consents to inclusion of the Owner's property
described at Exhibit A within such district and imposition of assessments to pay for the
construction of the deferred improvements. The Owner waives any and all objections to the
formation of such district. The Owner reserves the right to contest the allocatio n method of any
assessments imposed upon the property by such district. The Owner a grees to execute any
additional instruments reasonably necessary to effectuate the intent of this paragraph.
B. Participation in Project. If the City constructs the deferred improvements prior to formation
of a district under subparagraph A, the Owner agrees to pay the total actual cost for constructing
the deferred improvements. If the deferred improvements are constructed as part of a project
that includes more than the deferred improvements, then the Owner shall pay a share of the total
actual cost calculated by the City. The Owner reserves the right to contest the City’s calculation
of the Owner's share of the actual total cost. The Owner's share of the actual total cost shall be
paid in full within thirty (30) days after project substantial completion. The Owner hereby
personally guarantees payment of the Owner's share of the actual total cost incurred t o construct
the deferred improvements. The Owner does hereby grant a lien against the Owner's property
described at Exhibit A to secure such payment and such lien may be recorded with the Douglas
County Auditor as a Notice of Lien and foreclosed as a mortgage against the property. The
Owner agrees to execute any additional instruments r easonably necessary to effectuate the
intent of this paragraph.
The City’s total cost estimate for constructing the deferred improvements described at Exhibit B is
$99,906. The Owner agrees and acknowledges that the total cost estimate is non-binding
and is an estimate only. The total cost of the deferred improvements at the time of actual
construction may exceed the total cost estimate. Increased costs of labor, materials and
equipment, design changes, design standards, and changes in applicable laws and regulations
may increase the actual total cost of the constructed improvements. This Agreement does not
constitute a guarantee or any other representation by the City as to the final, actual cost of the
deferred improvements. The Owner hereby accepts the risk that the actual cost of
constructing deferred improvements may exceed the total cost estimate.
4. Binding Upon Property, Successors and Assigns. This Agreement shall bind the real property
described at Exhibit A and shall constitute a covenant that runs with the land. This Agreement shall be
binding upon the Owner and all heirs, devisees, donees, purchasers, transferees, assigns and other
successors in interest acquiring title to the property described at Exhibit A.
5. Term. This Agreement shall be effective upon recording with the Douglas County Auditor and shall
remain in effect for a period of ten (10) years after the date of recording. This Agreement shall expire
after such ten (10) year period and all obligations of the Owner and all obligations of heirs, devisees,
donees, purchasers, transferees, assigns and other successors in interest acquiri ng title to the property
described at Exhibit A shall terminate, except for payment of costs for any improvements made prior to
expiration.
6. Time. Time is of the essence of this Agreement.
7. Waiver Limited. A waiver of any term or condition of this Agreement must be in writing and signed by
the parties. No waiver shall be implied as to any term or condition of this Agreement.
Exhibit A
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DEFERRED IMPROVEMENTS AGREEMENT (6/2023) – CITY OF EAST WENATCHEE SP 2022-02
8. Entire Agreement. This Agreement constitutes the entire agreement between the City and the
Owner. There are no understandings or agreements other than those set forth in this Agreement. No
other statement, representation or promise has been made to induce either party to enter into this
Agreement.
9. Modification. This Agreement may not be amended, supplemented or otherwise modified unless
expressly set forth in a written agreement signed by the parties.
OWNER/DEVELOPER
Date:_____________________ ________________________________
Jaime Flores, Owner/Developer
City of East Wenatchee, WASHINGTON
Date:_____________________ __________________________________
Jerrilea Crawford, Mayor
APPROVED AS TO FORM: Attest:
__________________________________ __________________________________
Sean Lewis, Assistant City Attorney Anna Laura Leon, City Clerk
STATE OF WASHINGTON )
) ss.
County of _______________ )
I certify that I know or have satisfactory evidence that Jaime Flores signed this instrument and
acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in this
instrument.
DATED this _____ day of _______________, 20____.
______________________________________
Notary Public for the State of Washington
Residing at _____________________________
My Commission Expires:__________________
Exhibit A
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DEFERRED IMPROVEMENTS AGREEMENT (6/2023) – CITY OF EAST WENATCHEE SP 2022-02
EXHIBIT A
DEFERRED IMPROVEMENTS AGREEMENT
REAL PROPERTY LEGAL DESCRIPTION
LOT 12 EX S 5 FT. FOR RD; BLK 7; GRANT ROAD ADDITION
All Lots and tracts within the Flores Short Plat as authorized under City of East Wenatchee
Project File No. SP 2022-02.
Exhibit A
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DEFERRED IMPROVEMENTS AGREEMENT (6/2023) – CITY OF EAST WENATCHEE SP 2022-02
EXHIBIT B
DEFERRED IMPROVEMENTS AGREEMENT
DESCRIPTION OF DEFERRED IMPROVEMENTS
One hundred ninety-six (196) lineal feet of frontage improvements along N James Ave for the
Flores Short Plat (SP 2022-02). This includes, but is not limited to design, permitting, and
construction of curb, gutter, sidewalk, pavement, signage, striping, pedestrian facilities, storm
drainage infrastructure, utility infrastructure, demolition, and construction traffic control. This also
includes any utility upgrades required as a result of the frontage improvements.
Flores Deferral Estimate
Apr-23
Item Engineer Est.
CURB, GUTTER, SIDEWALK $ 18,530
WATER $ 54,180
PAVING $ 19,200
Construction Sub-Total $ 91,910
Sales Tax $ 7,996
Construction Total $ 99,906
Note: The Owner agrees and acknowledges that the total cost estimate is non-binding and is an estimate only.
The total cost of the deferred improvements at the time of actual construction may exceed the total cost estimate.
The Owner hereby accepts the risk that the actual cost of constructing deferred
improvements may exceed the total cost estimate.
Exhibit A
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CITY OF EAST WENATCHEE
AGENDA BILL
To: City Council and Mayor
From: Sean P. Lewis, Asst. City Attorney
Date: Tuesday, June 20, 2023
Subject: Resolution 2023-37 – Authorizing the Mayor to execute an interlocal
agreement between Chelan County, Douglas County, Grant County,
Okanogan County, the City Of Wenatchee, the City Of East Wenatchee,
and the City Of Moses Lake establishing an Opioid Abatement Council
(OAC) for the North Central Region
Summary Title:
Authorizes the Mayor to execute an ILA as listed above to establish an Opioid Abatement Council in the
region.
Background:
The listed government entities are all participating in the One Washington MOU (attached) which governs
settlement fund use and requires the establishment of and participation in an local opioid abatement council
to oversee Opioid Fund allocation, distribution, expenditures and dispute resolution.
Each participating entity appoints a member to the council and retains sole discretion regarding the use of
their settlement funds.
Recommended Action:
Motion to authorize the Mayor to enter into an Interlocal Agreement of the form of Exhibit A with the
government entities listed herein.
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City of East Wenatchee Resolution 2023-37
Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-
16 Rev. 1)
Page 1 of 2
City of East Wenatchee, Washington
Resolution No. 2023-37
A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute
an interlocal agreement between Chelan County, Douglas County, Grant County,
Okanogan County, the City Of Wenatchee, the City Of East Wenatchee, and the City Of
Moses Lake establishing an Opioid Abatement Council (OAC) for the North Central Region.
1. Alternate format.
1.1. Para leer este documento en un formato alternativo (español, Braille, leer en voz alta,
etc.), comuníquese con la administradora municipal de la Ciudad en
alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please
contact the City Clerk at alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or
at 711 (TTY).
2. Authority.
2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and
regulate its internal affairs and to define the powers, functions and duties of its officers
and employees.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS:
3. Authorization. The City Council authorizes the Mayor to execute an interlocal agreement
between Chelan County, Douglas County, Grant County, Okanogan County, the City Of
Wenatchee, the City Of East Wenatchee, and the City Of Moses Lake establishing an Opioid
Abatement Council (OAC) for the North Central Region that conforms to the language set
forth in Exhibit A.
4. Severability. If a court of competent jurisdiction declares any provision in this resolution to
be contrary to law, such declaration shall not affect the validity of the other provisions of
this Resolution.
5. Publication. The City Council directs the City Clerk to publish a copy of the Interlocal
Agreement on the City’s website once it is signed by all parties.
6. Recording. The City Council directs the City Clerk to record the original, fully executed
Interlocal Agreement with the Douglas County Auditor.
7. Effective date. This Resolution becomes effective immediately.
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City of East Wenatchee Resolution 2023-37
Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-
16 Rev. 1)
Page 2 of 2
Passed by the City Council of East Wenatchee, at a regular meeting thereof on this _____ day of
_______________, 2023.
The City of East Wenatchee,
Washington
By ________________________
Jerrilea Crawford, Mayor
Attest:
___________________________
Anna Laura Leon, City Clerk
Approved as to form only:
___________________________
Sean P. Lewis, Asst City Attorney
Filed with the City Clerk: __________
Passed by the City Council: __________
Effective Date: __________
06-20-2023 City Council Agenda Packet
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Regional ILA Establishing NCW-OAC
Page 1 of 6
INTERLOCAL AGREEMENT BETWEEN
CHELAN COUNTY, DOUGLAS COUNTY, GRANT COUNTY, OKANOGAN COUNTY,
CITY OF WENATCHEE, CITY OF EAST WENATCHEE, AND CITY OF MOSES LAKE
This Agreement is made by and between Chelan County, Douglas County, Grant County,
Okanogan County and the cities of Wenatchee, East Wenatchee, and Moses Lake, which are
collectively referred to as “Participating Local Governments” as that term is defined in the One
Washington Memorandum of Understanding Between Washington Municipalities, for the
purpose of establishing the Opioid Abatement Council (OAC) for the North Central Region. The
Parties to this Agreement mutually agree to the terms contained herein.
RECITALS
A. Chelan, Douglas, Grant, and Okanogan counties and the cities of Wenatchee, East
Wenatchee, and Moses Lake are Participating Local Governments in the National Prescription
Opiate Litigation, United States District Court for the Northern District of Ohio, Case No. 1:17-
md-02804-DAP.
B. Chelan, Douglas, Grant, and Okanogan counties and the cities of Wenatchee, East
Wenatchee, and Moses Lake are also Participating Local Governments to the One Washington
Memorandum of Understanding Between Washington Municipalities (One WA MOU), a copy
of which is attached hereto as Attachment A and fully incorporated herein.
C. Chelan, Douglas, Grant, and Okanogan counties and the cities of Wenatchee, East
Wenatchee, and Moses Lake are also Participants to the Allocation Agreement Governing the
Allocation of Funds Paid by the Settling Opioid Distributors in Washington State (Allocation
Agreement), a copy of which is attached hereto as Attachment B and fully incorporated herein.
D. Chelan, Douglas, Grant, and Okanogan counties and the cities of Wenatchee, East
Wenatchee, and Moses Lake have received the initial funds, and anticipate receipt of other funds,
resulting from settlements with and/or litigation against opioid pharmaceutical supply chain
participants.
E. Funds allocated to Chelan, Douglas, Grant, and Okanogan counties and the cities
of Wenatchee, East Wenatchee, and Moses Lake pursuant to the One WA MOU, the Allocation
Agreement, and other funds resulting from settlements with and/or litigation against opioid
pharmaceutical supply chain participants shall be collectively referred to herein as “Opioid
Funds.”
F. Chelan, Douglas, Grant, and Okanogan counties as well as the cities of
Wenatchee, East Wenatchee and Moses Lake seek to establish the North Central Washington
Opioid Abatement Council (NCW-OAC) pursuant to Section C.4.h of the One WA MOU and
pursuant to Section 15 of the Allocation Agreement for the purposes of administering Opioid
Funds allocated to Chelan, Douglas, Grant, and Okanogan counties as well as the cities of
Wenatchee, East Wenatchee and Moses Lake consistent with the Approved Purposes set forth in
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Regional ILA Establishing NCW-OAC
Page 2 of 6
the One WA MOU and consistent with the purposes set forth in Section 8 of the Allocation
Agreement.
G. Tribal members are subject to separate agreements concerning Opioid Funds, are
not subject to the One WA MOU or the Allocation Agreement described herein.
H. This Agreement does not contemplate a joint budget between the Participating
Local Governments referenced herein, nor does this Agreement contemplate the joint acquisition
of property by the Participating Local Governments.
AGREEMENT
1. The foregoing Recitals A through H are true and correct and are incorporated
herein by reference as if fully set forth herein.
2. Chelan, Douglas, Grant, and Okanogan counties and the cities of Wenatchee, East
Wenatchee and Moses Lake or their designees hereby make up the membership of the NCW-
OAC pursuant to Section C.4.h of the One WA MOU and pursuant to Section 15 of the
Allocation Agreement. Each Participating Local Government shall appoint a person qualified
under Section C.4.i of the One WA MOU to the NCW-OAC.
3. Pursuant to the One WA MOU Sections C.4.d and C.4.e, each Participating Local
Government elects to receive direct payment of the settlement funds for use for Approved
Purposes, as that term is defined in the One WA MOU, and Section 8 of the Allocation
Agreement, and each Participating Local Government shall maintain full discretion over the use
and distribution of their respective allocation of Opioid Funds, provided that the Opioid Funds
are used solely for Approved Purposes and for administrative costs as stated in Section 4 of this
Agreement.
4. Ten percent (10%) of Opioid Funds allocated to the Participating Local
Governments will be reserved, on an annual basis, for administrative costs related to NCW-
OAC. Participating Local Governments or their designees will provide an annual accounting for
actual costs and any reserved funds that exceed actual costs will be reallocated to Approved
Purposes in proportion to the Opioid Funds received by each Participating Local Government.
5. Opioid Funds will be subject to mechanisms for auditing and reporting to provide
public accountability and transparency. All records related to the receipt and expenditure of
Opioid Funds shall be maintained for no less than five (5) years and such records shall be
available for review by the Parties to this Agreement, government oversight authorities, and the
public. Records requested by the public shall be produced in accordance with Washington’s
Public Records Act, RCW 42.56.001 et seq.
6. The NCW-OAC will be responsible for the actions described in Section C.4.j. of
the One WA MOU. The NCW-OAC may contract with a third party to carry out any or all of
the actions described in Section C.4.j of the One WA MOU.
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7. Each Participating Local Government shall be responsible for undertaking the actions
provided in Section C.4.g of the One WA MOU.
8. If any Party to this Agreement believes another Party violated the terms of this
Agreement, the One WA MOU, and/or the Allocation Agreement, the alleging Party may seek
judicial enforcement of the terms of this Agreement, the One WA MOU, and/or the Allocation
Agreement. The Parties hereby stipulate that venue of any action shall be in accordance with
Section E.3 of the One WA MOU. Prior to filing any such action, the alleging Party shall first
provide the alleged offending Party notice of the alleged violation(s) and a reasonable
opportunity to cure the alleged violation(s). In such an enforcement action, any alleging Party or
alleged offending Party may be represented by their respective public entity in accordance with
Washington law.
9. Nothing in this MOU shall be interpreted to waive the right of any Party to seek
judicial relief for conduct occurring outside the scope of this Agreement that violates any
Washington law. In such an action, the alleged offending Party may be represented by their
respective public entities in accordance with Washington law. In the event of a conflict, any
Party may seek outside representation to defend itself against such an action.
10. If any agreements are entered into by NCW-OAC, these subsequent agreements
shall be subject to the terms and conditions of this Agreement establishing the NCW-OAC as it
may be amended or superseded from time to time, except that in the event of an inconsistency
between this Agreement and subsequent agreements, unless otherwise provided, the
inconsistency is resolved by giving precedence in the following order:
a. Applicable Federal and Washington State Statutes and Regulations.
b. All terms and conditions in this Agreement, including the One WA MOU and the
Allocation Agreement.
c. This Agreement, as it may be amended or superseded from time to time.
d. Any other material incorporated herein by written reference.
e. Subsequent agreements.
11. The Parties, their employees, and agents shall not discriminate against any person
based on any reason prohibited by Washington state or federal law as adopted or subsequently
amended.
12. This Agreement 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 Parties
agree not to deny the legal effect or enforceability of this Agreement solely because it is in
electronic form or because an electronic record was used in its formation. The Parties agree not
to object to the admissibility of this Agreement 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.
13. This Agreement shall take effect upon the date of its full execution, and shall be
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filed with the respective county auditors or listed on the Participating Local Governments’
respective websites as provided for in RCW 39.34.040. No amendments to this Agreement shall
be valid or binding on any Party unless such changes or additions are in writing and executed by
all Parties.
14. Each Party represents that all procedures necessary to authorize such Party’s
execution of this Agreement have been performed and that the person signing for such Party has
been authorized to execute this Agreement.
Approved this ___ day of _______________, 2023
CHELAN COUNTY BOARD OF COMMISSIONERS
______________________________________________
Tiffany Gering, Chair
______________________________________________
Shon Smith, Commissioner
______________________________________________
Kevin Overbay, Commissioner
Attest:
____________________________________________
Carlye Baity, Clerk of the Board
Approved this ___ day of _______________, 2023
DOUGLAS COUNTY BOARD OF
COMMISSIONERS
______________________________________________
Dan Sutton, Chair
______________________________________________
Kyle Steinburg, Commissioner
______________________________________________
Marc Straub, Commissioner
Attest:
______________________________________________
Tiana Rowland, Clerk of the Board
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Approved this ___ day of _______________, 2023
GRANT COUNTY BOARD OF COMMISSIONERS
______________________________________________
Danny Stone, Chair
_____________________________________________
Rob Jones, Commissioner
______________________________________________
Cindy Carter, Commissioner
Attest:
______________________________________________
Barbara J. Vasquez, Clerk of the Board
Approved this ___ day of _______________, 2023
OKANOGAN COUNTY BOARD OF
COMMISSIONERS
______________________________________________
Andy Hover, Chair
______________________________________________
Chris Branch, Commissioner
______________________________________________
Jim DeTro, Commissioner
Attest:
______________________________________________
Lanie Johns, Clerk of the Board
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Approved this ___ day of _______________, 2023
CITY OF WENATCHEE
Frank Kuntz, Mayor
Attest:
Tammy McCord, City Clerk
Approved this ___ day of _______________, 2023
CITY OF EAST WENATCHEE
Jerrilea Crawford, Mayor
Attest:
Laura Leon, City Clerk
Approved this ___ day of _______________, 2023
CITY OF MOSES LAKE
Kevin Fuhr, Interim City Manager
Attest:
Debbie Burke, City Clerk
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1
ONE WASHINGTON MEMORANDUM OF UNDERSTANDING BETWEEN
WASHINGTON MUNICIPALITIES
Whereas, the people of the State of Washington and its communities have been harmed by
entities within the Pharmaceutical Supply Chain who manufacture, distribute, and dispense
prescription opioids;
Whereas, certain Local Governments, through their elected representatives and counsel,
are engaged in litigation seeking to hold these entities within the Pharmaceutical Supply Chain of
prescription opioids accountable for the damage they have caused to the Local Governments;
Whereas, Local Governments and elected officials share a common desire to abate and
alleviate the impacts of harms caused by these entities within the Pharmaceutical Supply Chain
throughout the State of Washington, and strive to ensure that principals of equity and equitable
service delivery are factors considered in the allocation and use of Opioid Funds; and
Whereas, certain Local Governments engaged in litigation and the other cities and counties
in Washington desire to agree on a form of allocation for Opioid Funds they receive from entities
within the Pharmaceutical Supply Chain.
Now therefore, the Local Governments enter into this Memorandum of Understanding
(“MOU”) relating to the allocation and use of the proceeds of Settlements described.
A.Definitions
As used in this MOU:
1.“Allocation Regions” are the same geographic areas as the existing
nine (9) Washington State Accountable Community of Health (ACH) Regions
and have the purpose described in Section C below.
2.“Approved Purpose(s)” shall mean the strategies specified and set
forth in the Opioid Abatement Strategies attached as Exhibit A.
3.“Effective Date” shall mean the date on which a court of
competent jurisdiction enters the first Settlement by order or consent decree. The
Parties anticipate that more than one Settlement will be administered according to
the terms of this MOU, but that the first entered Settlement will trigger allocation
of Opioid Funds in accordance with Section B herein, and the formation of the
Opioid Abatement Councils in Section C.
4.“Litigating Local Government(s)” shall mean Local Governments
that filed suit against any Pharmaceutical Supply Chain Participant pertaining to
the Opioid epidemic prior to September 1, 2020.
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5.“Local Government(s)” shall mean all counties, cities, and towns
within the geographic boundaries of the State of Washington.
6.“National Settlement Agreements” means the national opioid
settlement agreements dated July 21, 2021 involving Johnson & Johnson, and
distributors AmerisourceBergen, Cardinal Health and McKesson as well as their
subsidiaries, affiliates, officers, and directors named in the National Settlement
Agreements, including all amendments thereto.
7.“Opioid Funds” shall mean monetary amounts obtained through a
Settlement as defined in this MOU.
8.“Opioid Abatement Council” shall have the meaning described in
Section C below.
9.“Participating Local Government(s)” shall mean all counties,
cities, and towns within the geographic boundaries of the State that have chosen
to sign on to this MOU. The Participating Local Governments may be referred to
separately in this MOU as “Participating Counties” and “Participating Cities and
Towns” (or “Participating Cities or Towns,” as appropriate) or “Parties.”
10.“Pharmaceutical Supply Chain” shall mean the process and
channels through which controlled substances are manufactured, marketed,
promoted, distributed, and/or dispensed, including prescription opioids.
11.“Pharmaceutical Supply Chain Participant” shall mean any entity
that engages in or has engaged in the manufacture, marketing, promotion,
distribution, and/or dispensing of a prescription opioid, including any entity that
has assisted in any of the above.
12.“Qualified Settlement Fund Account,” or “QSF Account,” shall
mean an account set up as a qualified settlement fund, 468b fund, as authorized by
Treasury Regulations 1.468B-1(c) (26 CFR §1.468B-1).
13.“Regional Agreements” shall mean the understanding reached by
the Participating Local Counties and Cities within an Allocation Region
governing the allocation, management, distribution of Opioid Funds within that
Allocation Region.
14.“Settlement” shall mean the future negotiated resolution of legal or
equitable claims against a Pharmaceutical Supply Chain Participant when that
resolution has been jointly entered into by the Participating Local
Governments. “Settlement” expressly does not include a plan of reorganization
confirmed under Title 11of the United States Code, irrespective of the extent to
which Participating Local Governments vote in favor of or otherwise support such
plan of reorganization.
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15.“Trustee” shall mean an independent trustee who shall be
responsible for the ministerial task of releasing Opioid Funds from a QSF account
to Participating Local Governments as authorized herein and accounting for all
payments into or out of the trust.
16.The “Washington State Accountable Communities of Health” or
“ACH” shall mean the nine (9) regions described in Section C below.
B.Allocation of Settlement Proceeds for Approved Purposes
1.All Opioid Funds shall be held in a QSF and distributed by the
Trustee, for the benefit of the Participating Local Governments, only in a manner
consistent with this MOU. Distribution of Opioid Funds will be subject to the
mechanisms for auditing and reporting set forth below to provide public
accountability and transparency.
2.All Opioid Funds, regardless of allocation, shall be utilized
pursuant to Approved Purposes as defined herein and set forth in Exhibit A.
Compliance with this requirement shall be verified through reporting, as set out in
this MOU.
3.The division of Opioid Funds shall first be allocated to
Participating Counties based on the methodology utilized for the Negotiation
Class in In Re: National Prescription Opiate Litigation, United States District
Court for the Northern District of Ohio, Case No. 1:17-md-02804-DAP. The
allocation model uses three equally weighted factors: (1) the amount of opioids
shipped to the county; (2) the number of opioid deaths that occurred in that
county; and (3) the number of people who suffer opioid use disorder in that
county. The allocation percentages that result from application of this
methodology are set forth in the “County Total” line item in Exhibit B. In the
event any county does not participate in this MOU, that county’s percentage share
shall be reallocated proportionally amongst the Participating Counties by applying
this same methodology to only the Participating Counties.
4.Allocation and distribution of Opioid Funds within each
Participating County will be based on regional agreements as described in
Section C.
C.Regional Agreements
1.For the purpose of this MOU, the regional structure for decision-
making related to opioid fund allocation will be based upon the nine (9) pre-
defined Washington State Accountable Community of Health Regions (Allocation
Regions). Reference to these pre-defined regions is solely for the purpose of
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drawing geographic boundaries to facilitate regional agreements for use of Opioid
Funds. The Allocation Regions are as follows:
King County (Single County Region)
Pierce County (Single County Region)
Olympic Community of Health Region (Clallam, Jefferson, and Kitsap
Counties)
Cascade Pacific Action Alliance Region (Cowlitz, Grays Harbor, Lewis,
Mason, Pacific, Thurston, Lewis, and Wahkiakum Counties)
North Sound Region (Island, San Juan, Skagit, Snohomish, and Whatcom
Counties)
SouthWest Region (Clark, Klickitat, and Skamania Counties)
Greater Columbia Region (Asotin, Benton, Columbia, Franklin, Garfield,
Kittitas, Walla Walla, Whitman, and Yakima Counties)
Spokane Region (Adams, Ferry, Lincoln, Pend Oreille, Spokane, and
Stevens Counties)
North Central Region (Chelan, Douglas, Grant, and Okanogan Counties)
2.Opioid Funds will be allocated, distributed and managed within
each Allocation Region, as determined by its Regional Agreement as set forth
below. If an Allocation Region does not have a Regional Agreement enumerated
in this MOU, and does not subsequently adopt a Regional Agreement per Section
C.5, the default mechanism for allocation, distribution and management of Opioid
Funds described in Section C.4.a will apply. Each Allocation Region must have
an OAC whose composition and responsibilities shall be defined by Regional
Agreement or as set forth in Section C.4.
3.King County’s Regional Agreement is reflected in Exhibit C to this
MOU.
4.All other Allocation Regions that have not specified a Regional
Agreement for allocating, distributing and managing Opioid Funds, will apply
the following default methodology:
a. Opioid Funds shall be allocated within each Allocation Region by
taking the allocation for a Participating County from Exhibit B and
apportioning those funds between that Participating County and its
Participating Cities and Towns. Exhibit B also sets forth the allocation to
the Participating Counties and the Participating Cities or Towns within the
Counties based on a default allocation formula. As set forth above in
Section B.3, to determine the allocation to a county, this formula utilizes:
(1) the amount of opioids shipped to the county; (2) the number of opioid
deaths that occurred in that county; and (3) the number of people who
suffer opioid use disorder in that county. To determine the allocation
within a county, the formula utilizes historical federal data showing how
the specific Counties and the Cities and Towns within the Counties have
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5
made opioids epidemic-related expenditures in the past. This is the same
methodology used in the National Settlement Agreements for county and
intra-county allocations. A Participating County, and the Cities and Towns
within it may enter into a separate intra-county allocation agreement to
modify how the Opioid Funds are allocated amongst themselves, provided
the modification is in writing and agreed to by all Participating Local
Governments in the County. Such an agreement shall not modify any of
the other terms or requirements of this MOU.
b.10% of the Opioid Funds received by the Region will be reserved,
on an annual basis, for administrative costs related to the OAC. The OAC
will provide an annual accounting for actual costs and any reserved funds
that exceed actual costs will be reallocated to Participating Local
Governments within the Region.
c.Cities and towns with a population of less than 10,000 shall be
excluded from the allocation, with the exception of cities and towns that
are Litigating Participating Local Governments. The portion of the Opioid
Funds that would have been allocated to a city or town with a population
of less than 10,000 that is not a Litigating Participating Local Government
shall be redistributed to Participating Counties in the manner directed
in C.4.a above.
d.Each Participating County, City, or Town may elect to have its
share re-allocated to the OAC in which it is located. The OAC will then
utilize this share for the benefit of Participating Local Governments within
that Allocation Region, consistent with the Approved Purposes set forth in
Exhibit A. A Participating Local Government’s election to forego its
allocation of Opioid Funds shall apply to all future allocations unless the
Participating Local Government notifies its respective OAC otherwise. If a
Participating Local Government elects to forego its allocation of the
Opioid Funds, the Participating Local Government shall be excused from
the reporting requirements set forth in this Agreement.
e.Participating Local Governments that receive a direct
payment maintain full discretion over the use and distribution of their
allocation of Opioid Funds, provided the Opioid Funds are used solely for
Approved Purposes. Reasonable administrative costs for a Participating
Local Government to administer its allocation of Opioid Funds shall not
exceed actual costs or 10% of the Participating Local Government’s
allocation of Opioid Funds, whichever is less.
f.A Local Government that chooses not to become a Participating
Local Government will not receive a direct allocation of Opioid Funds.
The portion of the Opioid Funds that would have been allocated to a Local
Government that is not a Participating Local Government shall be
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redistributed to Participating Counties in the manner directed
in C.4.a above.
g.As a condition of receiving a direct payment, each Participating
Local Government that receives a direct payment agrees to undertake the
following actions:
i. Developing a methodology for obtaining proposals for use
of Opioid Funds.
ii. Ensuring there is opportunity for community-based input
on priorities for Opioid Fund programs and services.
iii. Receiving and reviewing proposals for use of Opioid Funds
for Approved Purposes.
iv. Approving or denying proposals for use of Opioid
Funds for Approved Purposes.
v. Receiving funds from the Trustee for approved proposals
and distributing the Opioid Funds to the recipient.
vi. Reporting to the OAC and making publicly available all
decisions on Opioid Fund allocation applications,
distributions and expenditures.
h.Prior to any distribution of Opioid Funds within the Allocation
Region, The Participating Local Governments must establish an Opioid
Abatement Council (OAC) to oversee Opioid Fund allocation,
distribution, expenditures and dispute resolution. The OAC may be a
preexisting regional body or may be a new body created for purposes of
executing the obligations of this MOU.
i.The OAC for each Allocation Region shall be composed of
representation from both Participating Counties and Participating Towns
or Cities within the Region. The method of selecting members, and the
terms for which they will serve will be determined by the Allocation
Region’s Participating Local Governments. All persons who serve on the
OAC must have work or educational experience pertaining to one or more
Approved Uses.
j.The Regional OAC will be responsible for the following actions:
i. Overseeing distribution of Opioid Funds from Participating
Local Governments to programs and services within the
Allocation Region for Approved Purposes.
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ii. Annual review of expenditure reports from
Participating Local Jurisdictions within the Allocation
Region for compliance with Approved Purposes and the
terms of this MOU and any Settlement.
iii. In the case where Participating Local Governments chose
to forego their allocation of Opioid Funds:
(i) Approving or denying proposals by Participating Local
Governments or community groups to the OAC for use of
Opioid Funds within the Allocation Region.
(ii) Directing the Trustee to distribute Opioid Funds for use
by Participating Local Governments or community groups
whose proposals are approved by the OAC.
(iii) Administrating and maintaining records of all OAC
decisions and distributions of Opioid Funds.
iv. Reporting and making publicly available all decisions on
Opioid Fund allocation applications, distributions and
expenditures by the OAC or directly by Participating Local
Governments.
v. Developing and maintaining a centralized public dashboard
or other repository for the publication of expenditure data
from any Participating Local Government that receives
Opioid Funds, and for expenditures by the OAC in that
Allocation Region, which it shall update at least annually.
vi. If necessary, requiring and collecting additional outcome-
related data from Participating Local Governments to
evaluate the use of Opioid Funds, and all Participating
Local Governments shall comply with such requirements.
vii. Hearing complaints by Participating Local Governments
within the Allocation Region regarding alleged failure to
(1) use Opioid Funds for Approved Purposes or (2) comply
with reporting requirements.
5. Participating Local Governments may agree and elect to share,
pool, or collaborate with their respective allocation of Opioid Funds in any
manner they choose by adopting a Regional Agreement, so long as such
sharing, pooling, or collaboration is used for Approved Purposes and
complies with the terms of this MOU and any Settlement.
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6. Nothing in this MOU should alter or change any Participating
Local Government’s rights to pursue its own claim. Rather, the intent of
this MOU is to join all parties who wish to be Participating Local
Governments to agree upon an allocation formula for any Opioid Funds
from any future binding Settlement with one or more Pharmaceutical
Supply Chain Participants for all Local Governments in the State of
Washington.
7. If any Participating Local Government disputes the amount it
receives from its allocation of Opioid Funds, the Participating Local
Government shall alert its respective OAC within sixty (60) days of
discovering the information underlying the dispute. Failure to alert its
OAC within this time frame shall not constitute a waiver of the
Participating Local Government’s right to seek recoupment of any
deficiency in its allocation of Opioid Funds.
8. If any OAC concludes that a Participating Local Government’s
expenditure of its allocation of Opioid Funds did not comply with the
Approved Purposes listed in Exhibit A, or the terms of this MOU, or that
the Participating Local Government otherwise misused its allocation of
Opioid Funds, the OAC may take remedial action against the alleged
offending Participating Local Government. Such remedial action is left to
the discretion of the OAC and may include withholding future Opioid
Funds owed to the offending Participating Local Government or requiring
the offending Participating Local Government to reimburse improperly
expended Opioid Funds back to the OAC to be re-allocated to the
remaining Participating Local Governments within that Region.
9. All Participating Local Governments and OAC shall maintain all
records related to the receipt and expenditure of Opioid Funds for no less
than five (5) years and shall make such records available for review by
any other Participating Local Government or OAC, or the public. Records
requested by the public shall be produced in accordance with
Washington’s Public Records Act RCW 42.56.001 et seq. Records
requested by another Participating Local Government or an OAC shall be
produced within twenty-one (21) days of the date the record request was
received. This requirement does not supplant any Participating Local
Government or OAC’s obligations under Washington’s Public Records
Act RCW 42.56.001 et seq.
D.Payment of Counsel and Litigation Expenses
1.The Litigating Local Governments have incurred attorneys’ fees
and litigation expenses relating to their prosecution of claims against the
Pharmaceutical Supply Chain Participants, and this prosecution has inured to the
benefit of all Participating Local Governments. Accordingly, a Washington
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Government Fee Fund (“GFF”) shall be established that ensures that all Parties
that receive Opioid Funds contribute to the payment of fees and expenses incurred
to prosecute the claims against the Pharmaceutical Supply Chain Participants,
regardless of whether they are litigating or non-litigating entities.
2.The amount of the GFF shall be based as follows: the funds to be
deposited in the GFF shall be equal to 15% of the total cash value of the Opioid
Funds.
3.The maximum percentage of any contingency fee agreement
permitted for compensation shall be 15% of the portion of the Opioid Funds
allocated to the Litigating Local Government that is a party to the contingency fee
agreement, plus expenses attributable to that Litigating Local Government. Under
no circumstances may counsel collect more for its work on behalf of a Litigating
Local Government than it would under its contingency agreement with that
Litigating Local Government.
4.Payments from the GFF shall be overseen by a committee (the
“Opioid Fee and Expense Committee”) consisting of one representative of the
following law firms: (a) Keller Rohrback L.LP.; (b) Hagens Berman Sobol
Shapiro LLP; (c) Goldfarb & Huck Roth Riojas, PLLC; and (d) Napoli Shkolnik
PLLC. The role of the Opioid Fee and Expense Committee shall be limited to
ensuring that the GFF is administered in accordance with this Section.
5.In the event that settling Pharmaceutical Supply Chain Participants
do not pay the fees and expenses of the Participating Local Governments directly
at the time settlement is achieved, payments to counsel for Participating Local
Governments shall be made from the GFF over not more than three years, with
50% paid within 12 months of the date of Settlement and 25% paid in each
subsequent year, or at the time the total Settlement amount is paid to the Trustee
by the Defendants, whichever is sooner.
6.Any funds remaining in the GFF in excess of: (i) the amounts
needed to cover Litigating Local Governments’ private counsel’s representation
agreements, and (ii) the amounts needed to cover the common benefit tax
discussed in Section C.8 below (if not paid directly by the Defendants in
connection with future settlement(s), shall revert to the Participating Local
Governments pro rata according to the percentages set forth in Exhibits B, to be
used for Approved Purposes as set forth herein and in Exhibit A.
7.In the event that funds in the GFF are not sufficient to pay all fees
and expenses owed under this Section, payments to counsel for all Litigating
Local Governments shall be reduced on a pro rata basis. The Litigating Local
Governments will not be responsible for any of these reduced amounts.
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8.The Parties anticipate that any Opioid Funds they receive will be
subject to a common benefit “tax” imposed by the court in In Re: National
Prescription Opiate Litigation, United States District Court for the Northern
District of Ohio, Case No. 1:17-md-02804-DAP (“Common Benefit Tax”). If this
occurs, the Participating Local Governments shall first seek to have the settling
defendants pay the Common Benefit Tax. If the settling defendants do not agree
to pay the Common Benefit Tax, then the Common Benefit Tax shall be paid
from the Opioid Funds and by both litigating and non-litigating Local
Governments. This payment shall occur prior to allocation and distribution of
funds to the Participating Local Governments. In the event that GFF is not fully
exhausted to pay the Litigating Local Governments’ private counsel’s
representation agreements, excess funds in the GFF shall be applied to pay the
Common Benefit Tax (if any).
E.General Terms
1.If any Participating Local Government believes another
Participating Local Government, not including the Regional Abatement Advisory
Councils, violated the terms of this MOU, the alleging Participating Local
Government may seek to enforce the terms of this MOU in the court in which any
applicable Settlement(s) was entered, provided the alleging Participating Local
Government first provides the alleged offending Participating Local Government
notice of the alleged violation(s) and a reasonable opportunity to cure the alleged
violation(s). In such an enforcement action, any alleging Participating Local
Government or alleged offending Participating Local Government may be
represented by their respective public entity in accordance with Washington law.
2.Nothing in this MOU shall be interpreted to waive the right of any
Participating Local Government to seek judicial relief for conduct occurring
outside the scope of this MOU that violates any Washington law. In such an
action, the alleged offending Participating Local Government, including the
Regional Abatement Advisory Councils, may be represented by their respective
public entities in accordance with Washington law. In the event of a conflict, any
Participating Local Government, including the Regional Abatement Advisory
Councils and its Members, may seek outside representation to defend itself
against such an action.
3.Venue for any legal action related to this MOU shall be in the
court in which the Participating Local Government is located or in accordance
with the court rules on venue in that jurisdiction. This provision is not intended to
expand the court rules on venue.
4.This MOU may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the
same instrument. The Participating Local Governments approve the use of
electronic signatures for execution of this MOU. All use of electronic signatures
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shall be governed by the Uniform Electronic Transactions Act, C.R.S. §§ 24-71.3-
101, et seq. The Parties agree not to deny the legal effect or enforceability of the
MOU solely because it is in electronic form or because an electronic record was
used in its formation. The Participating Local Government agree not to object to
the admissibility of the MOU in the form of an electronic record, or a paper copy
of an electronic document, or a paper copy of a document bearing an electronic
signature, on the grounds that it is an electronic record or electronic signature or
that it is not in its original form or is not an original.
5.Each Participating Local Government represents that all
procedures necessary to authorize such Participating Local Government’s
execution of this MOU have been performed and that the person signing for such
Party has been authorized to execute the MOU.
[Remainder of Page Intentionally Left Blank – Signature Pages Follow]
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This One Washington Memorandum of Understanding Between Washington
Municipalities is signed this _____ day of ___________________, 2022 by:
_______________________________________________
Name & Title ___________________________________
On behalf of ____________________________________
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WASHINGTON STATE ALLOCATION AGREEMENT GOVERNING THE
ALLOCATION OF FUNDS PAID BY CERTAIN SETTLING OPIOID
MANUFACTURERS AND PHARMACIES
JANUARY 27, 2023
This Washington State Allocation Agreement Governing the Allocation of Funds Paid by
Certain Settling Opioid Manufacturers and Pharmacies (the “Allocation Agreement II”) governs
the distribution of funds obtained from (1) Walmart, (2) Teva, (3) Allergan, (4) CVS, and (5)
Walgreens (the “Settling Entities”) in connection with the resolution of any and all claims by the
State of Washington and the counties, cities, and towns in Washington State (“Local
Governments”) against the Settling Entities via the following settlements:
Walmart Settlement Agreement dated November 12, 2022 and any subsequent
amendments (“Walmart Settlement”).
Teva Public Global Settlement Agreement dated November 22, 2022 and any
subsequent amendments (“Teva Settlement”).
Allergan Public Global Settlement Agreement dated November 22, 2022 and any
subsequent amendments (“Allergan Settlement”).
CVS Settlement Agreement dated December 9, 2022 and any subsequent
amendments (“CVS Settlement”).
Walgreens Settlement Agreement dated December 9, 2022 and any subsequent
amendments (“Walgreens Settlement”).
Collectively, the Walmart Settlement, the Teva Settlement, the Allergan Settlement, the CVS
Settlement, and the Walgreens Settlement shall be referred to as “the Settlements”. Each of the
Settlements can be accessed at https://nationalopioidsettlement.com/. The terms and definitions
of each of the respective Settlement are incorporated into this Allocation Agreement II, and any
undefined terms in this Allocation Agreement II are as defined in the Settlements.
1. This Allocation Agreement II is intended to be a State-Subdivision Agreement as
defined in the Settlements. This Allocation Agreement II shall be interpreted to be
consistent with the requirements of a State-Subdivision Agreement in the
Settlements.
2. This Allocation Agreement II shall become effective only if all of the following
occur:
A. The State of Washington joins one of the Settlements and becomes a
Settling State as provided for in the respective Settlement.
B. One of the Settlements becomes final and effective and a Consent
Judgment is filed and approved as provided for in the respective
Settlement.
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C. The number of Local Governments that execute and return this Allocation
Agreement II satisfies the participation requirements for a State-
Subdivision Agreement as specified in one of the Settlements, Washington
is a Settling State for that Settlement, and a Consent Judgment has been
filed and approved for that Settlement.
3. Requirements to become a Participating Local Government . To become a
Participating Local Government that can participate in this Allocation Agreement
II with respect to any one of the Settlements, a Local Government must do all of
the following:
A. The Local Government must execute and return this Allocation
Agreement II.
B. The Local Government must release its claims against the Settling Entities
identified in the respective Settlement and agree to be bound by the terms
of the Settlement by timely executing and returning the Participation Form
for that Settlement. The forms are attached hereto as Exhibits 1-5.
C. Litigating Subdivisions, also referred to as Litigating Local Governments,
must dismiss the Settling Entities identified in the respective Settlement
with prejudice from their lawsuits.
D. Each of the Local Governments that is eligible to participate in this
Allocation Agreement II has previously executed and signed the One
Washington Memorandum of Understanding Between Washington
Municipalities (“MOU”) agreed to by the Participating Local
Governments in Washington State, which is attached hereto as Exhibit 6.
By executing this Allocation Agreement II, the local government agrees
and affirms that the MOU applies to and shall govern the Local
Government Share as modified by this Allocation Agreement II for each
of the Settlements in which the Local Government participates.
A Local Government that meets all of the conditions in this paragraph for any of
the Settlements shall be deemed a “Participating Local Government” for that
Settlement. A Local Government can be a “Participating Local Government” for
less than all of the Settlements. If a Local Government is a Participating Local
Government for less than all of the Settlements, the Local Government can only
receive a portion of the Washington Abatement Amount for the specific
Settlement(s) for which it is a Participating Local Government.
4. This Allocation Agreement II applies to the following, all of which collectively
shall be referred to as the “Washington Abatement Amount”:
A. For the Walmart Settlement, the State of Washington’s allocation of the
(1) Global Settlement Remediation Amount and (2) Additional
Remediation Amount.
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B. For the Teva Settlement, the State of Washington’s allocation of the (1)
Net Abatement Amount and (2) Additional Restitution Amount.
C. For the Allergan Settlement, the State of Washington’s allocation of the
(1) Global Settlement Abatement Amount and (2) Additional Restitution
Amount.
D. For the CVS Settlement, the State of Washington’s allocation of the (1)
Maximum Remediation Payment and (2) Additional Remediation
Amount.
E. For the Walgreens Settlement, the State of Washington’s allocation of the
(1) Adjusted State Remediation Payment and (2) Additional Remediation
Amount.
As specified in each of the Settlements, the Washington Abatement Amount will
vary dependent on the percentage of Participating Local Governments and
whether there are any Later Litigating Subdivisions.
5. The Teva Settlement provides the option for Settling States to obtain Settlement
Product or the discretion to convert any portion of the Settlement Product
allocated to the Settling State into a cash value equaling twenty percent (20%) of
the WAC value of the Settling State’s allocated Settlement Product in specified
years. It shall be solely the decision of the State regarding whether to convert any
portion of the Settlement Product allocated to Washington into a cash value or to
obtain the Settlement Product. If the State elects to obtain Settlement Product, the
State in its sole discretion shall make all decisions related to the Settlement
Product, including but not limited to where, how, and to whom it shall be
distributed. For purposes of calculating the division of the Washington Abatement
Amount in Paragraph 10 of this Allocation Agreement II, the Settlement Product
allocated to Washington shall be considered “State Share” and shall have the cash
value assigned to it in the Teva Public Global Settlement Agreement dated
November 22, 2022.
6. This Allocation Agreement II does not apply to the State Cost Fund, State AG
Fees and Costs, or any attorneys’ fees, fees, costs, or expenses referred to in the
Settlement or that are paid directly or indirectly via the Settlements to the State of
Washington (“State’s Fees and Costs”).
7. This Allocation Agreement II and the MOU are a State Back-Stop Agreement.
The Settling Entities are paying a portion of the Local Governments’ attorneys’
fees and costs as provided for in the Settlements. The total contingent fees an
attorney receives from the Contingency Fee Fund in the Settlements, the MOU,
and this Allocation Agreement II combined cannot exceed 15% of the portion of
the LG Share paid to the Litigating Local Government that retained that firm to
litigate against the Settling Entities (i.e., if City X filed suit with outside counsel
on a contingency fee contract and City X receives $1,000,000 from the Walmart
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Settlement, then the maximum that the firm can receive is $150,000 for fees as to
the Walmart Settlement; if City X did not retain the same firm for potential
litigation against CVS and City X receives $1,000,000 from the CVS Settlement,
then the firm receives no fees from the CVS Settlement.)
8. No portion of the State’s Fees and Costs and/or the State Share as defined in
Paragraphs 6 and 10 of this Allocation Agreement II shall be used to fund the
Government Fee Fund (“GFF”) referred to in Paragraph 12 of this Allocation
Agreement II and Section D of the MOU, or in any other way to fund any
Participating Local Government’s attorneys’ fees, costs, or common benefit tax.
9. The Washington Abatement Amount shall and must be used by the State and
Participating Local Governments for future Opioid Remediation as defined in the
Settlements, except as allowed by the Settlements.
10. The State and the Participating Local Governments agree to divide the
Washington Abatement Amount as follows:
A. Fifty percent (50%) to the State of Washington (“State Share”).
B. Fifty percent (50%) to the Participating Local Governments (“LG Share”).
11. The LG Share shall be distributed to Participating Local Governments pursuant to
the MOU attached hereto as Exhibit 6 as amended and modified in this Allocation
Agreement II.
12. For purposes of this Allocation Agreement II only, the MOU is modified as
follows and any contrary provisions in the MOU are struck:
A. Exhibit A of the MOU is replaced by Exhibit E of each of the respective
Settlements.
B. The definition of “Litigating Local Governments” in Section A.4 of the
MOU shall mean Litigating Subdivisions as defined in each the respective
Settlements.
C. The definition of “National Settlement Agreement” in Section A.6 of the
MOU shall mean the Settlements.
D. The definition of “Settlement” in Section A.14 of the MOU shall mean the
Settlements.
E. The MOU is amended to add new Section C.4.g.vii, which provides as
follows:
“If a Participating Local Government receiving a direct payment
(a) uses Opioid Funds other than as provided for in the respective
Settlements, (b) does not comply with conditions for receiving
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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.iii of the MOU. In the event of a suspension, the
Regional OAC shall give prompt notice to the suspended
Participating Local Government and the Settlement Fund
Administrator specifying the reasons for the suspension, the
process for reinstatement, the factors that will be considered for
reinstatement, and the due process that will be provided. A
suspended Participating Local Government may apply to the
Regional OAC to be reinstated for direct payments no earlier than
five years after the date of suspension.”
F. The amounts payable to each law firm representing a Litigating Local
Government from the GFF shall be consistent with the process set forth in
the Order Appointing the Fee Panel to Allocate and Disburse Attorney’s
Fees Provided for in State Back-Stop Agreements, Case No. 1:17-md-
02804-DAP Doc #: 4543 (June 17, 2022). JoJo Tann (the “GFF
Administrator”), who is authorized by the MDL Fee Panel (David R.
Cohen, Randi S. Ellis and Hon. David R. Herndon (ret.)) to calculate the
amounts due to eligible counsel from each State Back-Stop fund (i.e., the
GFF) (see id. at p. 4), will oversee and confirm the amounts payable to
each law firm representing a Litigating Local Government from the GFF.
Upon written agreement between the law firms representing the Litigating
Local Governments on the one hand and the Washington Attorney
General’s Office on the other, in consultation with the Washington State
Association of Counties and the Association of Washington Cities, the
GFF Administrator may be replaced by another person, firm, or entity.
G. The GFF set forth in the MOU shall be funded by the LG Share of the
Washington Abatement Amount only. To the extent the common benefit
tax is not already payable by the Settling Entities as contemplated by
Section D.8 of the MOU, the GFF shall be used to pay Litigating Local
Government contingency fee agreements and any common benefit tax
referred to in Section D of the MOU, which shall be paid on a pro rata
basis to eligible law firms as determined by the GFF Administrator.
H. To fund the GFF, fifteen percent (15%) of the LG Share shall be deposited
in the GFF from each LG Share settlement payment until the Litigating
Subdivisions’ contingency fee agreements and common benefit tax (if
any) referred to in Section D of the MOU are satisfied. Under no
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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 the Walmart Settlement, then the maximum that the firm
can receive is $150,000 for fees.) The firms also shall be paid documented
expenses due under their contingency fee agreements that have been paid
by the law firm attributable to that Litigating Local Government.
Consistent with Agreement on Attorneys’ Fees, Costs, and Expenses,
which is Exhibit R of the Settlements, amounts due to Participating
Litigating Subdivisions’ attorneys under this Allocation Agreement II
shall not impact (i) costs paid by the subdivisions to their attorneys
pursuant to a State Back-Stop agreement, (ii) fees paid to subdivision
attorneys from the Common Benefit Fund for common benefit work
performed by the attorneys pursuant to Exhibit R of the Settlements, or
(iii) costs paid to subdivision attorneys from the MDL Expense Fund for
expenses incurred by the attorneys pursuant to the Settlements.
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
the MOU shall be the percentage set forth in that contingency fee
agreement.
K. For the avoidance of doubt, both payments from the GFF and the payment
to the Participating Litigating Local Governments’ attorneys from the
Contingency Fee Fund in the respective Settlements shall be included
when calculating whether the aforementioned fifteen percent (15%)
maximum percentage (or less if the provisions of Paragraph 10.J of this
Allocation Agreement II apply) of any Litigating Local Government
contingency fee agreement referred to above has been met.
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L. To the extent there are any excess funds in the GFF, the GFF
Administrator and the Settlement Administrator shall facilitate the return
of those funds to the Participating Local Governments as provided for in
Section D.6 of the MOU.
13. In connection with the execution and administration of this Allocation Agreement
II, the State and the Participating Local Governments agree to abide by the Public
Records Act, RCW 42.56 et seq.
14. All Participating Local Governments, Regional OACs, and the State shall
maintain all non-transitory records related to this Allocation Agreement II as well
as the receipt and expenditure of the funds from the Settlements for no less than
five (5) years.
15. If any party to this Allocation Agreement II believes that a Participating Local
Government, Regional OAC, the State, an entity, or individual involved in the
receipt, distribution, or administration of the funds from the Settlements has
violated any applicable ethics codes or rules, a complaint shall be lodged with the
appropriate forum for handling such matters, with a copy of the complaint
promptly sent to the Washington Attorney General, Complex Litigation Division,
Division Chief, 800 Fifth Avenue, Suite 2000, Seattle, Washington 98104.
16. To the extent (i) a region utilizes a pre-existing regional body to establish its
Opioid Abatement Council pursuant to the Section 4.h of the MOU, and (ii) that
pre-existing regional body is subject to the requirements of the Community
Behavioral Health Services Act, RCW 71.24 et seq., the State and the
Participating Local Governments agree that the Opioid Funds paid by the Settling
Entities are subject to the requirements of the MOU and this Allocation
Agreement II.
17. Upon request by any of the Settling Entities, the Participating Local Governments
must comply with the Tax Cooperation and Reporting provisions of the respective
Settlement.
18. Venue for any legal action related to this Allocation Agreement II (separate and
apart from the MOU or the Settlements) shall be in King County, Washington.
19. Each party represents that all procedures necessary to authorize such party’s
execution of this Allocation Agreement II have been performed and that such
person signing for such party has been authorized to execute this Allocation
Agreement II.
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FOR THE STATE OF WASHINGTON:
ROBERT W. FERGUSON
Attorney General
JEFFREY ( RUP RT
Division Chie
Date: / 0 7 3
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FOR THE PARTICIPATING LOCAL GOVERNMENT:
Name of Participating Local Government:
Authorized signature:
Name:
Title:
Date:
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EXHIBIT 1
Subdivision Settlement Participation Form
(Exhibit K of the Walmart Settlement)
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EXHIBIT K
Subdivision Participation Form
Governmental Entity: State:
Authorized Official: /officialname_walmart/
Address 1: /address1_walmart/
Address 2: /address2_walmart/
City, State, Zip: /cit_wm/ /state_wm/ /zi_wm/
Phone: /phone_walmart/
Email: /email_walmart/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated November 14, 2022 (“Walmart Settlement”), and acting through the undersigned
authorized official, hereby elects to participate in the Walmart Settlement, release all Released Claims
against all Released Entities, and agrees as follows.
1.The Governmental Entity is aware of and has reviewed the Walmart Settlement, understands
that all terms in this Election and Release have the meanings defined therein, and agrees that
by this Election, the Governmental Entity elects to participate in the Walmart Settlement and
become a Participating Subdivision as provided therein.
2.The Governmental Entity shall promptly, and in any event within 14 days of the Effective
Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released
Claims that it has filed. With respect to any Released Claims pending in In re National
Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the
Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal With Prejudice substantially in the form found at
https://nationalopioidsettlement.com/.
3.The Governmental Entity agrees to the terms of the Walmart Settlement pertaining to
Subdivisions as defined therein.
4.By agreeing to the terms of the Walmart Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
5.The Governmental Entity agrees to use any monies it receives through the Walmart
Settlement solely for the purposes provided therein.
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6.The Governmental Entity submits to the jurisdiction of the court in the Governmental
Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role
as provided in, and for resolving disputes to the extent provided in, the Walmart
Settlement.
7.The Governmental Entity has the right to enforce the Walmart Settlement as provided
therein.
8.The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all
purposes in the Walmart Settlement, including but not limited to all provisions of Section X
(Release), and along with all departments, agencies, divisions, boards, commissions, districts,
instrumentalities of any kind and attorneys, and any person in their official capacity elected
or appointed to serve any of the foregoing and any agency, person, or other entity claiming
by or through any of the foregoing, and any other entity identified in the definition of
Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the
Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to
bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to
otherwise seek to establish liability for any Released Claims against any Released Entity in
any forum whatsoever. The releases provided for in the Walmart Settlement are intended by
the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest
possible bar against any liability relating in any way to Released Claims and extend to the
full extent of the power of the Governmental Entity to release claims. The Walmart
Settlement shall be a complete bar to any Released Claim.
9.In connection with the releases provided for in the Walmart Settlement, each
Governmental Entity expressly waives, releases, and forever discharges any and all
provisions, rights, and benefits conferred by any law of any state or territory of the
United States or other jurisdiction, or principle of common law, which is similar,
comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that the
creditor or releasing party does not know or suspect to exist in his or her favor at the
time of executing the release that, if known by him or her, would have materially
affected his or her settlement with the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental
Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges,
upon the Effective Date, any and all Released Claims that may exist as of such date but which
Releasors do not know or suspect to exist, whether through ignorance, oversight, error,
negligence or through no fault whatsoever, and which, if known, would materially affect the
Governmental Entities’ decision to participate in the Walmart Settlement.
10.Nothing herein is intended to modify in any way the terms of the Walmart Settlement, to
which Governmental Entity hereby agrees. To the extent this Election and Release is
interpreted differently from the Walmart Settlement in any respect, the Walmart Settlement
controls.
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I have all necessary power and authorization to execute this Election and Release on behalf of the
Governmental Entity.
Signature:/signer_1_walmart/
Name:/name_1_walmart/
Title:/title_1_walmart/
Date:/date_1_walmart/
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EXHIBIT 2
Subdivision Settlement Participation Form
(Exhibit K of the Teva Settlement)
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Exhibit K
Subdivision and Special District Settlement Participation Form
Governmental Entity:State:
Authorized Signatory: /officialname_teva_allergan/
Address 1: /address1_teva_allergan/
Address 2: /address2_teva_allergan/
City, State, Zip: /cit_ta/ /state_ta/ /zi_ta/
Phone: /phone_teva_allergan/
Email: /email_teva_allergan/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Agreement
dated November 22, 2022 (“Teva Settlement”), and acting through the undersigned authorized
official, hereby elects to participate in the Teva Settlement, release all Released Claims against all
Released Entities, and agrees as follows.
1.The Governmental Entity is aware of and has reviewed the Teva Settlement, understands that
all terms in this Election and Release have the meanings defined therein, and agrees that by
this Election, the Governmental Entity elects to participate in the Teva Settlement as provided
therein.
2.Following the execution of this Settlement Participation Form, the Governmental Entity shall
comply with Section III.B of the Teva Settlement regarding Cessation of Litigation Activities.
3.The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of
the Consent Judgment, file a request to dismiss with prejudice any Released Claims that it has
filed. With respect to any Released Claims pending in In re National Prescription Opiate
Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs’ Executive
Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal
With Prejudice substantially in the form found at https://nationalopioidsettlement.com.
4.The Governmental Entity agrees to the terms of the Teva Settlement pertaining to
Subdivisions as defined therein.
5.By agreeing to the terms of the Teva Settlement and becoming a Releasor, the Governmental
Entity is entitled to the benefits provided therein, including, if applicable, monetary payments
beginning after the Effective Date.
6.The Governmental Entity agrees to use any monies it receives through the Teva Settlement
solely for the purposes provided therein.
7.The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s
state where the Consent Judgment is filed for purposes limited to that court’s role as provided
in, and for resolving disputes to the extent provided in, the Teva Settlement.
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8.The Governmental Entity has the right to enforce the Teva Settlement as provided therein.
9.The Governmental Entity, as a Participating Subdivision or Participating Special District,
hereby becomes a Releasor for all purposes in the Teva Settlement, including but not limited
to all provisions of Section V (Release), and along with all departments, agencies, divisions,
boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in
their official capacity elected or appointed to serve any of the foregoing and any agency,
person, or other entity claiming by or through any of the foregoing, and any other entity
identified in the definition of Releasor, provides for a release to the fullest extent of its
authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and
irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought,
filed, or claimed, or to otherwise seek to establish liability for any Released Claims against
any Released Entity in any forum whatsoever. The releases provided for in the Teva
Settlement are intended by Released Entitles and the Governmental Entity to be broad and
shall be interpreted so as to give the Released Entities the broadest possible bar against any
liability relating in any way to Released Claims and extend to the full extent of the power of
the Governmental Entity to release claims. The Teva Settlement shall be a complete bar to
any Released Claim.
10.The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision or Participating Special District as set forth in the Teva Settlement.
11.In connection with the releases provided for in the Teva Settlement, each Governmental Entity
expressly waives, releases, and forever discharges any and all provisions, rights, and benefits
conferred by any law of any state or territory of the United States or other jurisdiction, or
principle of common law, which is similar, comparable, or equivalent to § 1542 of the
California Civil Code, which reads:
General Release; extent. A general release does not extend to claims
that the creditor or releasing party does not know or suspect to exist in
his or her favor at the time of executing the release that, if known by
him or her, would have materially affected his or her settlement with
the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental
Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges,
upon the Effective Date, any and all Released Claims that may exist as of such date but which
Releasors do not know or suspect to exist, whether through ignorance, oversight, error,
negligence or through no fault whatsoever, and which, if known, would materially affect the
Governmental Entities’ decision to participate in the Teva Settlement.
12.Nothing herein is intended to modify in any way the terms of the Teva Settlement, to which
Governmental Entity hereby agrees. To the extent this Election and Release is interpreted
differently from the Teva Settlement in any respect, the Teva Settlement controls.
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I have all necessary power and authorization to execute this Election and Release on behalf of the
Governmental Entity.
Signature:/signer_1_teva_allergan/
Name:/name_1_teva_allergan/
Title:/title_1_teva_allergan/
Date:/date_1_teva_allergan/
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EXHIBIT 3
Subdivision Settlement Participation Form
(Exhibit K of the Allergan Settlement)
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EXHIBIT K
Subdivision and Special District Settlement Participation Form
Governmental Entity:State:
Authorized Signatory: /officialname_teva_allergan/
Address 1: /address1_teva_allergan/
Address 2: /address2_teva_allergan/
City, State, Zip: /cit_ta/ /state_ta/ /zi_ta/
Phone: /phone_teva_allergan/
Email: /email_teva_allergan/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Agreement dated
November 22, 2022 (“Allergan Settlement”), and acting through the undersigned authorized official,
hereby elects to participate in the Allergan Settlement, release all Released Claims against all Released
Entities, and agrees as follows.
1.The Governmental Entity is aware of and has reviewed the Allergan Settlement, understands
that all terms in this Election and Release have the meanings defined therein, and agrees that
by this Election, the Governmental Entity elects to participate in the Allergan Settlement as
provided therein.
2.Following the execution of this Settlement Participation Form, the Governmental Entity shall
comply with Section III.B of the Allergan Settlement regarding Cessation of Litigation
Activities.
3.The Governmental Entity shall, within fourteen (14) days of the Reference Date and prior to
the filing of the Consent Judgment, file a request to dismiss with prejudice any Released
Claims that it has filed. With respect to any Released Claims pending in In re National
Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the MDL
Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal With Prejudice substantially in the form found at
https://nationalopioidsettlement.com.
4.The Governmental Entity agrees to the terms of the Allergan Settlement pertaining to
Subdivisions and Special Districts as defined therein.
5.By agreeing to the terms of the Allergan Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
6.The Governmental Entity agrees to use any monies it receives through the Allergan Settlement
solely for the purposes provided therein.
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7.The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s
state where the Consent Judgment is filed for purposes limited to that court’s role as provided
in, and for resolving disputes to the extent provided in, the Allergan Settlement.
8.The Governmental Entity has the right to enforce the Allergan Settlement as provided therein.
9.The Governmental Entity, as a Participating Subdivision or Participating Special District,
hereby becomes a Releasor for all purposes in the Allergan Settlement, including, but not
limited to, all provisions of Section V (Release), and along with all departments, agencies,
divisions, boards, commissions, Subdivisions, districts, instrumentalities of any kind and
attorneys, and any person in their official capacity whether elected or appointed to serve any of
the foregoing and any agency, person, or other entity claiming by or through any of the
foregoing, and any other entity identified in the definition of Releasor, provides for a release to
the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely,
unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist in
bringing, or permit to be brought, filed, or claimed, or to otherwise seek to establish liability
for any Released Claims against any Released Entity in any forum whatsoever. The releases
provided for in the Allergan Settlement are intended to be broad and shall be interpreted so as
to give the Released Entities the broadest possible bar against any liability relating in any way
to Released Claims and extend to the full extent of the power of the Governmental Entity to
release claims. The Allergan Settlement shall be a complete bar to any Released Claim.
10.The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision or Participating Special District as set forth in the Allergan Settlement.
11.In connection with the releases provided for in the Allergan Settlement, each Governmental
Entity expressly waives, releases, and forever discharges any and all provisions, rights, and
benefits conferred by any law of any state or territory of the United States or other jurisdiction,
or principle of common law, which is similar, comparable, or equivalent to § 1542 of the
California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that the
creditor or releasing party does not know or suspect to exist in his or her favor
at the time of executing the release that, if known by him or her, would have
materially affected his or her settlement with the debtor or released 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 Allergan Settlement.
12.Nothing herein is intended to modify in any way the terms of the Allergan Settlement, to
which the Governmental Entity hereby agrees. To the extent this Settlement Participation
Form is interpreted differently from the Allergan Settlement in any respect, the Allergan
Settlement controls.
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I have all necessary power and authorization to execute this Settlement Participation Form on behalf
of the Governmental Entity.
Signature:/signer_1_teva_allergan/
Name:/name_1_teva_allergan/
Title:/title_1_teva_allergan/
Date:/date_1_teva_allergan/
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EXHIBIT 4
Subdivision Settlement Participation Form
(Exhibit K of the CVS Settlement)
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EXHIBIT K
Subdivision Participation and Release Form
Governmental Entity:State:
Authorized Signatory: /officialname_cvs/
Address 1: /address1_cvs/
Address 2: /address2_cvs/
City, State, Zip: /cit_cv/ /state_cv/ /zi_cv/
Phone: /phone_cvs/
Email: /email_cvs/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated December 9, 2022 (“CVS Settlement”), and acting through the undersigned authorized
official, hereby elects to participate in the CVS Settlement, release all Released Claims against all
Released Entities, and agrees as follows.
1.The Governmental Entity is aware of and has reviewed the CVS Settlement, understands that all
terms in this Participation and Release Form have the meanings defined therein, and agrees that
by executing this Participation and Release Form, the Governmental Entity elects to participate
in the CVS Settlement and become a Participating Subdivision as provided therein.
2.The Governmental Entity shall promptly, and in any event no later than 14 days after the
Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any
Released Claims that it has filed. With respect to any Released Claims pending in In re
National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes
the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal with Prejudice substantially in the form found at
https://nationalopioidsettlement.com.
3.The Governmental Entity agrees to the terms of the CVS Settlement pertaining to Participating
Subdivisions as defined therein.
4.By agreeing to the terms of the CVS Settlement and becoming a Releasor, the Governmental
Entity is entitled to the benefits provided therein, including, if applicable, monetary payments
beginning after the Effective Date.
5.The Governmental Entity agrees to use any monies it receives through the CVS Settlement
solely for the purposes provided therein.
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6.The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s
state where the Consent Judgment is filed for purposes limited to that court’s role as provided in,
and for resolving disputes to the extent provided in, the CVS Settlement. The Governmental
Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for
resolving disputes to the extent otherwise provided in, the CVS Settlement.
7.The Governmental Entity has the right to enforce the CVS Settlement as provided therein.
8.The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all
purposes in the CVS Settlement, including without limitation all provisions of Section XI
(Release), and along with all departments, agencies, divisions, boards, commissions, districts,
instrumentalities of any kind and attorneys, and any person in their official capacity elected or
appointed to serve any of the foregoing and any agency, person, or other entity claiming by or
through any of the foregoing, and any other entity identified in the definition of Releasor,
provides for a release to the fullest extent of its authority. As a Releasor, the Governmental
Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or
claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to
establish liability for any Released Claims against any Released Entity in any forum
whatsoever. The releases provided for in the CVS Settlement are intended by the Parties to be
broad and shall be interpreted so as to give the Released Entities the broadest possible bar
against any liability relating in any way to Released Claims and extend to the full extent of the
power of the Governmental Entity to release claims. The CVS Settlement shall be a complete
bar to any Released Claim.
9.The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the CVS Settlement.
10.In connection with the releases provided for in the CVS Settlement, each Governmental Entity
expressly waives, releases, and forever discharges any and all provisions, rights, and benefits
conferred by any law of any state or territory of the United States or other jurisdiction, or
principle of common law, which is similar, comparable, or equivalent to § 1542 of the
California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that
the creditor or releasing party does not know or suspect to exist in his or her
favor at the time of executing the release that, if known by him or her would
have materially affected his or her settlement with the debtor or released
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 CVS Settlement.
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11.Nothing herein is intended to modify in any way the terms of the CVS Settlement, to which
Governmental Entity hereby agrees. To the extent this Participation and Release Form is
interpreted differently from the CVS Settlement in any respect, the CVS Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form on
behalf of the Governmental Entity.
Signature:/signer_1_cvs/
Name:/name_1_cvs/
Title:/title_1_cvs/
Date:/date_1_cvs/
3
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EXHIBIT 5
Subdivision Settlement Participation Form
(Exhibit K of the Walgreens Settlement)
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EXHIBIT K
Subdivision Participation and Release Form
Governmental Entity: State:
Authorized Signatory: /officialname_walgreens/
Address 1: /address1_ walgreens/
Address 2: /address2_ walgreens/
City, State, Zip: /cit_wg/ /state_wg/ /zi_wg/
Phone: /phone_walgreens/
Email: /email_walgreens/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated December 9, 2022 (“Walgreens Settlement”), and acting through the undersigned
authorized official, hereby elects to participate in the Walgreens Settlement, release all Released
Claims against all Released Entities, and agrees as follows.
1.The Governmental Entity is aware of and has reviewed the Walgreens Settlement, understands
that all terms in this Participation and Release Form have the meanings defined therein, and
agrees that by executing this Participation and Release Form, the Governmental Entity elects to
participate in the Walgreens Settlement and become a Participating Subdivision as provided
therein.
2.The Governmental Entity shall promptly, and in any event no later than 14 days after the
Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any
Released Claims that it has filed. With respect to any Released Claims pending in In re
National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes
the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal with Prejudice substantially in the form found at
https://nationalopioidsettlement.com.
3.The Governmental Entity agrees to the terms of the Walgreens Settlement pertaining to
Participating Subdivisions as defined therein.
4.By agreeing to the terms of the Walgreens Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
5.The Governmental Entity agrees to use any monies it receives through the Walgreens
Settlement solely for the purposes provided therein.
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6.The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s
state where the Consent Judgment is filed for purposes limited to that court’s role as provided in,
and for resolving disputes to the extent provided in, the Walgreens Settlement. The
Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as
provided in, and for resolving disputes to the extent otherwise provided in, the Walgreens
Settlement.
7.The Governmental Entity has the right to enforce the Walgreens Settlement as provided therein.
8.The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all
purposes in the Walgreens Settlement, including without limitation all provisions of Section XI
(Release), and along with all departments, agencies, divisions, boards, commissions, districts,
instrumentalities of any kind and attorneys, and any person in their official capacity elected or
appointed to serve any of the foregoing and any agency, person, or other entity claiming by or
through any of the foregoing, and any other entity identified in the definition of Releasor,
provides for a release to the fullest extent of its authority. As a Releasor, the Governmental
Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or
claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to
establish liability for any Released Claims against any Released Entity in any forum
whatsoever. The releases provided for in the Walgreens Settlement are intended by the Parties
to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar
against any liability relating in any way to Released Claims and extend to the full extent of the
power of the Governmental Entity to release claims. The Walgreens Settlement shall be a
complete bar to any Released Claim.
9.The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Walgreens Settlement.
10.In connection with the releases provided for in the Walgreens Settlement, each Governmental
Entity expressly waives, releases, and forever discharges any and all provisions, rights, and
benefits conferred by any law of any state or territory of the United States or other jurisdiction,
or principle of common law, which is similar, comparable, or equivalent to § 1542 of the
California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that the
creditor or releasing party does not know or suspect to exist in his or her favor
at the time of executing the release that, if known by him or her would have
materially affected his or her settlement with the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental
Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges,
upon the Effective Date, any and all Released Claims that may exist as of such date but which
Releasors do not know or suspect to exist, whether through ignorance, oversight, error,
negligence or through no fault whatsoever, and which, if known, would materially affect the
Governmental Entities’ decision to participate in the Walgreens Settlement.
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11.Nothing herein is intended to modify in any way the terms of the Walgreens Settlement, to
which Governmental Entity hereby agrees. To the extent this Participation and Release Form
is interpreted differently from the Walgreens Settlement in any respect, the Walgreens
Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form on
behalf of the Governmental Entity.
Signature:/signer_1_walgreens/
Name:/name_1_walgreens/
Title:/title_1_walgreens/
Date:/date_1_walgreens/
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EXHIBIT 6
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 11of the United States Code, irrespective of the extent to
which Participating Local Governments vote in favor of or otherwise support such
plan of reorganization.
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15.“Trustee” shall mean an independent trustee who shall be
responsible for the ministerial task of releasing Opioid Funds from a QSF account
to Participating Local Governments as authorized herein and accounting for all
payments into or out of the trust.
16.The “Washington State Accountable Communities of Health” or
“ACH” shall mean the nine (9) regions described in Section C below.
B.Allocation of Settlement Proceeds for Approved Purposes
1.All Opioid Funds shall be held in a QSF and distributed by the
Trustee, for the benefit of the Participating Local Governments, only in a manner
consistent with this MOU. Distribution of Opioid Funds will be subject to the
mechanisms for auditing and reporting set forth below to provide public
accountability and transparency.
2.All Opioid Funds, regardless of allocation, shall be utilized
pursuant to Approved Purposes as defined herein and set forth in Exhibit A.
Compliance with this requirement shall be verified through reporting, as set out in
this MOU.
3.The division of Opioid Funds shall first be allocated to
Participating Counties based on the methodology utilized for the Negotiation
Class in In Re: National Prescription Opiate Litigation, United States District
Court for the Northern District of Ohio, Case No. 1:17-md-02804-DAP. The
allocation model uses three equally weighted factors: (1) the amount of opioids
shipped to the county; (2) the number of opioid deaths that occurred in that
county; and (3) the number of people who suffer opioid use disorder in that
county. The allocation percentages that result from application of this
methodology are set forth in the “County Total” line item in Exhibit B. In the
event any county does not participate in this MOU, that county’s percentage share
shall be reallocated proportionally amongst the Participating Counties by applying
this same methodology to only the Participating Counties.
4.Allocation and distribution of Opioid Funds within each
Participating County will be based on regional agreements as described in
Section C.
C.Regional Agreements
1.For the purpose of this MOU, the regional structure for decision-
making related to opioid fund allocation will be based upon the nine (9) pre-
defined Washington State Accountable Community of Health Regions (Allocation
Regions). Reference to these pre-defined regions is solely for the purpose of
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drawing geographic boundaries to facilitate regional agreements for use of Opioid
Funds. The Allocation Regions are as follows:
King County (Single County Region)
Pierce County (Single County Region)
Olympic Community of Health Region (Clallam, Jefferson, and Kitsap
Counties)
Cascade Pacific Action Alliance Region (Cowlitz, Grays Harbor, Lewis,
Mason, Pacific, Thurston, 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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5
made opioids epidemic-related expenditures in the past. This is the same
methodology used in the National Settlement Agreements for county and
intra-county allocations. A Participating County, and the Cities and Towns
within it may enter into a separate intra-county allocation agreement to
modify how the Opioid Funds are allocated amongst themselves, provided
the modification is in writing and agreed to by all Participating Local
Governments in the County. Such an agreement shall not modify any of
the other terms or requirements of this MOU.
b.10% of the Opioid Funds received by the Region will be reserved,
on an annual basis, for administrative costs related to the OAC. The OAC
will provide an annual accounting for actual costs and any reserved funds
that exceed actual costs will be reallocated to Participating Local
Governments within the Region.
c.Cities and towns with a population of less than 10,000 shall be
excluded from the allocation, with the exception of cities and towns that
are Litigating Participating Local Governments. The portion of the Opioid
Funds that would have been allocated to a city or town with a population
of less than 10,000 that is not a Litigating Participating Local Government
shall be redistributed to Participating Counties in the manner directed
in C.4.a above.
d.Each Participating County, City, or Town may elect to have its
share re-allocated to the OAC in which it is located. The OAC will then
utilize this share for the benefit of Participating Local Governments within
that Allocation Region, consistent with the Approved Purposes set forth in
Exhibit A. A Participating Local Government’s election to forego its
allocation of Opioid Funds shall apply to all future allocations unless the
Participating Local Government notifies its respective OAC otherwise. If a
Participating Local Government elects to forego its allocation of the
Opioid Funds, the Participating Local Government shall be excused from
the reporting requirements set forth in this Agreement.
e.Participating Local Governments that receive a direct
payment maintain full discretion over the use and distribution of their
allocation of Opioid Funds, provided the Opioid Funds are used solely for
Approved Purposes. Reasonable administrative costs for a Participating
Local Government to administer its allocation of Opioid Funds shall not
exceed actual costs or 10% of the Participating Local Government’s
allocation of Opioid Funds, whichever is less.
f.A Local Government that chooses not to become a Participating
Local Government will not receive a direct allocation of Opioid Funds.
The portion of the Opioid Funds that would have been allocated to a Local
Government that is not a Participating Local Government shall be
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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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11
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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O P I O I D A B A T E M E N T S T R A T E G I E S
PART ONE: TREATMENT
A.TREAT OPIOID USE DISORDER (OUD)
Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use
Disorder or Mental Health (SUD/MH) conditions, co-usage, and/or co-addiction through
evidence-based, evidence-informed, or promising programs or strategies that may include,
but are not limited to, the following:
1.Expand availability of treatment for OUD and any co-occurring SUD/MH conditions,
co-usage, and/or co-addiction, including all forms of Medication-Assisted Treatment
(MAT) approved by the U.S. Food and Drug Administration.
2.Support and reimburse services that include the full American Society of Addiction
Medicine (ASAM) continuum of care for OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction, including but not limited to:
a.Medication-Assisted Treatment (MAT);
b.Abstinence-based treatment;
c.Treatment, recovery, or other services provided by states, subdivisions,
community health centers; non-for-profit providers; or for-profit providers;
d.Treatment by providers that focus on OUD treatment as well as treatment by
providers that offer OUD treatment along with treatment for other SUD/MH
conditions, co-usage, and/or co-addiction; or
e.Evidence-informed residential services programs, as noted below.
3.Expand telehealth to increase access to treatment for OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction, including MAT, as well as
counseling, psychiatric support, and other treatment and recovery support services.
4.Improve oversight of Opioid Treatment Programs (OTPs) to assure evidence-based,
evidence-informed, or promising practices such as adequate methadone dosing.
5.Support mobile intervention, treatment, and recovery services, offered by qualified
professionals and service providers, such as peer recovery coaches, for persons with
OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction and
for persons who have experienced an opioid overdose.
6.Support treatment of mental health trauma resulting from the traumatic experiences of
the opioid user (e.g., violence, sexual assault, human trafficking, or adverse childhood
experiences) and family members (e.g., surviving family members after an overdose
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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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10
PART THREE: OTHER STRATEGIES
I.FIRST RESPONDERS
In addition to items C8, D1 through D7, H1, H3, and H8, support the following:
1.Current and future law enforcement expenditures relating to the opioid epidemic.
2.Educate law enforcement or other first responders regarding appropriate practices and
precautions when dealing with fentanyl or other drugs.
J.LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, and coordination to abate the opioid epidemic
through activities, programs, or strategies that may include, but are not limited to, the
following:
1.Community regional planning to identify goals for reducing harms related to the
opioid epidemic, to identify areas and populations with the greatest needs for
treatment intervention services, or to support other strategies to abate the opioid
epidemic described in this opioid abatement strategy list.
2.A government dashboard to track key opioid-related indicators and supports as
identified through collaborative community processes.
3.Invest in infrastructure or staffing at government or not-for-profit agencies to support
collaborative, cross-system coordination with the purpose of preventing
overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any
co-occurring SUD/MH conditions, co-usage, and/or co-addiction, supporting them in
treatment or recovery, connecting them to care, or implementing other strategies to
abate the opioid epidemic described in this opioid abatement strategy list.
4.Provide resources to staff government oversight and management of opioid abatement
programs.
K.TRAINING
In addition to the training referred to in various items above, support training to abate the
opioid epidemic through activities, programs, or strategies that may include, but are not
limited to, the following:
1.Provide funding for staff training or networking programs and services to improve the
capability of government, community, and not-for-profit entities to abate the opioid
crisis.
2.Invest in infrastructure and staffing for collaborative cross-system coordination to
prevent opioid misuse, prevent overdoses, and treat those with OUD and any co-
occurring SUD/MH conditions, co-usage, and/or co-addiction, or implement other
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11
strategies to abate the opioid epidemic described in this opioid abatement strategy list
(e.g., health care, primary care, pharmacies, PDMPs, etc.).
L.RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:
1.Monitoring, surveillance, and evaluation of programs and strategies described in this
opioid abatement strategy list.
2.Research non-opioid treatment of chronic pain.
3.Research on improved service delivery for modalities such as SBIRT that demonstrate
promising but mixed results in populations vulnerable to opioid use disorders.
4.Research on innovative supply-side enforcement efforts such as improved detection of
mail-based delivery of synthetic opioids.
5.Expanded research on swift/certain/fair models to reduce and deter opioid misuse
within criminal justice populations that build upon promising approaches used to
address other substances (e.g. Hawaii HOPE and Dakota 24/7).
6.Research on expanded modalities such as prescription methadone that can expand
access to MAT.
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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 County
Chelan County 0.7434914485%
Cashmere
Chelan
Entiat
Leavenworth
Wenatchee 0.2968333494%
County Total:1.0403247979%
Clallam County
Clallam County 1.3076983401%
Forks
Port Angeles 0.4598370527%
Sequim
County Total:1.7675353928%
*** - Local Government appears in multiple counties B-1
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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
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EXHIBIT B
Local
County Government % Allocation
Franklin County
Franklin County 0.3361237144%
Connell
Kahlotus
Mesa
Pasco 0.4278056066%
County Total:0.7639293210%
Garfield County
Garfield County 0.0321982209%
Pomeroy
County Total:0.0321982209%
Grant County
Grant County 0.9932572167%
Coulee City
Coulee Dam***
Electric City
Ephrata
George
Grand Coulee
Hartline
Krupp
Mattawa
Moses Lake 0.2078293909%
Quincy
Royal City
Soap Lake
Warden
Wilson Creek
County Total:1.2010866076%
*** - Local Government appears in multiple counties B-3
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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
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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
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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
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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
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EXHIBIT B
Local
County Government % Allocation
Pend Oreille County
Pend Oreille County 0.2566374940%
Cusick
Ione
Metaline
Metaline Falls
Newport
County Total:0.2566374940%
Pierce County
Pierce County 7.2310164020%
Auburn***0.0628522112%
Bonney Lake 0.1190773864%
Buckley
Carbonado
DuPont
Eatonville
Edgewood 0.0048016791%
Enumclaw***0.0000000000%
Fife 0.1955185481%
Fircrest
Gig Harbor 0.0859963345%
Lakewood 0.5253640894%
Milton***
Orting
Pacific***
Puyallup 0.3845704814%
Roy
Ruston
South Prairie
Steilacoom
Sumner 0.1083157569%
Tacoma 3.2816374617%
University Place 0.0353733363%
Wilkeson
County Total:12.0345236870%
San Juan County
San Juan County 0.2101495171%
Friday Harbor
County Total:0.2101495171%
*** - Local Government appears in multiple counties B-8
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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
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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
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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
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EXHIBIT B
Local
County Government % Allocation
Yakima County
Yakima County 1.9388392959%
Grandview 0.0530606109%
Granger
Harrah
Mabton
Moxee
Naches
Selah
Sunnyside 0.1213478384%
Tieton
Toppenish
Union Gap
Wapato
Yakima 0.6060410539%
Zillah
County Total:2.7192887991%
*** - Local Government appears in multiple counties B-12
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Exhibit C
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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.
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East Wenatchee
Council Agenda Bill
To: Mayor Crawford and Council
From/Presenter: Garren Melton, Public Works Manager
Subject: Resolution 2023-38: Repealing Resolution 2016-04 and establishing a formal
procurement policy.
Date: June 20, 2023
I. Summary Title:
A Resolution of the City of East Wenatchee, Washington repealing Resolution 2016-
04 and establishing a formal procurement policy for the City of East Wenatchee.
II. Background/History:
In 2016, the City passed Resolution 2016-04, granting the Mayor and Department
Heads limited authority to enter contracts on behalf of the City. The City has
recognized the importance of establishing a formal procurement policy to govern the
purchasing activities of the city.
This procurement policy will provide a set of guidelines designed to assist
Department Heads, the Mayor, City Council, and all relevant staff of the City in their
procurement and purchasing activities to ensure compliance with requirements set
forth by the State of Washington.
III. Recommended Action:
Approve Resolution 2023-38, repealing Resolution 2016-04 and establishing a
formal procurement policy for the City of East Wenatchee.
IV. Exhibits:
1. Resolution 2023-38
City of
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City of East Wenatchee Resolution 2023-38 with Exhibit A
Retain Resolution until no longer needed for City -business, then transfer to Washington State
Archives (GS50-05A-16 Rev. 1)
Page 1 of 2
City of East Wenatchee, Washington
Resolution No. 2023-38
A Resolution of the City of East Wenatchee, Washington repealing
Resolution No. 2016-04 and establishing a formal procurement policy
for the City of East Wenatchee.
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille,
leer en voz alta, etc.), póngase en contacto con el vendedor de la
ciudad al alternateformat@eastwenatcheewa.gov, al (509) 884-
9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish,
Braille, read aloud, etc.), please contact the City Clerk at
alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at
711 (TTY).
2. Authority.
2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City
Council to organize and regulate its internal affairs and to define
the powers, functions and duties of its officers and employees.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO
RESOLVE AS FOLLOWS:
3. Repeal. The City Council repeals Resolution 2016-04.
4. Authorization. The City Council hereby adopts the City of East
Wenatchee Procurement Policy as attached in Exhibit A.
5. Severability. If a court of competent jurisdiction declares any
provision in this resolution to be contrary to law, such declaration
shall not affect the validity of the other provisions of this Resolution.
6. Effective date. This Resolution becomes effective immediately.
Passed by the City Council of East Wenatchee, at a regular meeting
thereof on this _____ day of _______________, 2023.
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City of East Wenatchee Resolution 2023-38 with Exhibit A
Retain Resolution until no longer needed for City -business, then transfer to Washington State
Archives (GS50-05A-16 Rev. 1)
Page 2 of 2
The City of East Wenatchee,
Washington
By ________________________
Jerrilea Crawford, Mayor
Attest:
___________________________
Anna Laura Leon, City Clerk
Approved as to form only:
___________________________
Sean Lewis, Assistant City Attorney
Filed with the City Clerk: __________
Passed by the City Council: __________
Effective Date: __________
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1
Procurement Policy
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2
1.
Introduction
1.1.01 Purpose of the Policy
The main purpose of this policy is to assist and guide City staff on basic procurement and
purchasing requirements set forth by the State of Washington.
1.1.02 Conflicts of Interest
Employees of the City shall become aware of the ethics and conflicts of interest provisions of the
City of East Wenatchee Personnel Policies and Procedures Section 102.4.2. To the extent that
this procurement policy conflicts with any provision of the City of East Wenatchee Personnel
Policies and Procedures, the provisions of the City of East Wenatchee Personnel Policies and
Procedures shall control.
In addition, Title 2 CFR 200.318 provides that no employee, officer, or agent may participate in
the selection, award, or administration of a contract supported by a Federal award if he or she
has a real or apparent conflict of interest. Such a conflict of interest would arise when the
employee, officer, or agent, any member of his or her immediate family, his or her partner, or
an organization which employs or is about to employ any of the parties indicated herein, has a
financial or other interest in or a tangible personal benefit from a firm considered for the
contract.
The officers, employees, and agents of the non-Federal entities may neither solicit nor accept
gratuities, favors, or anything of monetary value from contractors or parties to subcontracts.
If a potential conflict of interest exists, employees shall notify their supervisor, Mayor and/or
City Attorney to determine any action that should be taken.
1.1.03 Proper authorization
Only authorized employees acting within the scope of their authority may obligate the City
in the acquisition of goods or services. Any employee purchasing goods without proper
authorization may be personally liable to the vendor and the City, and subject to disciplinary
action.
Using public funds or public mechanisms or processes for purchases for personal use is
prohibited. Persons performing such activities are personally liable for costs associated with the
purchases and may be subject to disciplinary action.
The chart below is intended as a guide and describes common types of contracts, and
summarizes the requirements associated with those contracts. Further details regarding
particular situations may be found at the referenced paragraphs of this document.
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3
Category Limit Process Ref.
Purchases for materials,
supplies, & equipment,
including installation
and taxes
<$7,500
No formal bid requirements.
Verbal quotes, State contract,
or use of purchasing
cooperatives are encouraged
1.3.2
>$7,500
3 written quotes, State
contract, or qualifying
purchasing cooperative
1.3.2
General Service
Contracts
RCW’s do not require bids for
services. Excluding Architecture
and Engineering.
Encouraged to obtain 3 quotes
but use reasonable judgment
whether bids should be
obtained.
1.2.1
Federal Grant
Guidelines
Up to $10,000 No bids if prices are
determined to be
“reasonable”.
Federal Grant
Guidelines
Public Works
$10,000 - $250,000 3 written quotes or State
contract
Over $250,000 Formal sealed bids
• Single Trade, Street
signalization, or light Project
<$75,500
• Multi-Trade Project
<$116,155
(RCW 35.23.352)
• Direct quotes allowed, but
bond or retainage in lieu of
bond required, or
• Limited small works
process (only <$50,000), or
• Small works roster or,
Formal bid process
1.2.05
Public Works Project costs <$350,000 • Small works roster, or
• Formal bid process
Project costs >$350,000 • Formal bid process
Authorization Threshold
Category Limit Authorized Signer
Budgeted item
$0-5,000 Department Head or Mayor
$5,001-50,000 Mayor
>$50,000 Mayor with City Council
approval
All Contracts will be inserted into Council’s consent agenda.
Unbudgeted item
$0 - $5,000 Department Head or Mayor
$5,001 – 50,000 Mayor
>$50,000 Mayor with City Council
approval
All unbudgeted items must be reviewed and approved by the
Finance Committee – Agreements will be inserted into the
Council’s consent agenda.
Change Orders
Above
Lesser 5% or $20,000 Department Head or Mayor
Lesser of $100,000, 10% of
Bid Amount
Mayor
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4
1.1.04 Sustainable Purchasing
The City shall acquire its goods and services in a manner that complies with all federal and state
laws, City ordinances and resolutions, and interlocal agreements. The City shall purchase and
use materials, products and services which are considered fiscally responsible.
Consideration of such fiscal factors include but are not limited to: lowest total cost, impact on
staff time and labor, long-term financial and market fluctuations, leverage of the City’s buying
power, and advances in technology.
1.2.0 Procurement Analysis
The following is a recommended flow for analyzing which requirements apply to which projects
or situations.
1.2.1 Define the Need
What type of procurement is involved?
Public Works: (RCW 39.04.010) includes all work; construction; alteration; repair or
improvement other than ordinary maintenance unless such maintenance is contracted
out, executed at the cost of the City.
• Examples of need for Public Works include, demolition, building, road, and
utilities construction, and renovations.
Ordinary maintenance is not specifically defined in this statute but is generally
considered to include work not performed by contract and performed on a regular basis
to service, check or replace items that are not broken.
Materials, Supplies and Equipment: Materials, supplies and equipment are considered
tangible items which are manufactured and are moveable at the time of purchase. It is
important to distinguish between materials, supplies and equipment used in public
works contracts as opposed to non-public works contracts as different bidding
requirements apply to each.
• Examples of need for Materials, Supplies and Equipment include office supplies,
off the shelf software, hardware, copy machines, vehicles and replacement
parts, gravel, and custodial supplies.
Services: Services may also have bidding requirements and are distinguished from Public
Works. Services include labor, time or effort of a human being. The three classifications
of services are:
• Professional services: services provided by independent consultants that require
specialized knowledge, advanced education and experience, professional
licensing or certification.
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5
• Architectural and Engineering Services (A&E Services): Services are to be
acquired under the authority and procedures outlined in RCW 39.80.
• General Services: Further service work that is considered unrelated to public
work. Often related to routine services regarding maintenance and/or training.
1.2.2 Determine the Cost
The cost of the work or services being purchased, or the materials being purchased, will further
help determine which processes are available to use for the project.
Estimated cost of goods or services will determine which competitive selection process will need
to be followed. Work project costs are not to be split. Instead, consider the project costs in
totality, and consult legal if a question arises. Costs should not include donated materials, labor,
supplies, etc. Estimated costs include all applicable sales and use taxes, freight, set up and tear
down, all phases of construction related work, excluding engineering or architectural design
fees.
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6
1.2.3 Exceptions to the Competitive Process (RCW 39.04.280)
The purpose of this section is to supplement and not to limit the current powers of any
municipality to provide exceptions from competitive bidding requirement.
Bid Exceptions:
Type Examples Ref.
Purchases that are clearly and
legitimately limited to a single
source of supply
• Outfitting of the police vehicles
• Meets specialty need of the City
Purchases involving special
facilities or market conditions
• Items of special, individual design that
fits with existing equipment,
programs, or inventory.
Purchases in the event of an
emergency
1.2.4
Purchases of insurance or
bonds
Pollution control facilities and
some neighborhood “self-help”
projects.
• Chamber of Commerce, Service
Organizations, community, youth, or
athletic associations.
• Consideration received by the City
must equal 3x the city or town’s
payment to the association.
• All payments made by a public entity
shall not exceed $25,000 or $2 per
resident within the boundaries of the
public entity, whichever is greater.
May hire the county to do road
projects
• By passing a resolution, a city council
may authorize the county in which it
is located to construct, repair, or
maintain a city street.
The City pays the actual cost of the
work with a deposit into the county
road fund.
Auctions • Allowance of purchases through
traditional and nontraditional auction
services i.e., eBay (Nontraditional) or
in-person (Traditional) if it is not a
fixed-price marketplace.
1.2.11
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Exemption Process: The reason the non-emergency purchase or contract is exempt from required
procedures should be documented prior to the purchase or contract award. Explanation of features,
knowledge, and qualification the vendor can provide that make them an appropriate choice. Exemptions
in emergency situations must be approved by the Department Head and must be documented
immediately after the purchase or contract award. The documentation must be kept in the purchase or
contract file and is open for public inspection.
1.2.4 Emergency Public Works Procurements (RCW 39.26.130)
As used in this section, “emergency” means a set of unforeseen circumstances beyond the
control of the agency that either:
1) Present a real, immediate, and extreme threat to the proper performance of essential
functions; or
2) May reasonably be expected to result in material loss or damage to property, bodily injury,
or loss of life, if immediate actions are not taken.
Steps that should be followed in the event of a need for emergency public works action
include:
Step 1 – Staff notifies the Public Works Manager of the emergency. If the Public Works
Manager determines that an emergency situation exists and a contractor is required to
minimize the effect of the emergency, the Public Works Manager notifies and briefs the
Mayor of the situation.
Step 2 – Upon concurrence of the Mayor that an emergency situation exists, and upon
the Mayor’s authorization and written concurrence of the emergency provided by the
City Engineer, contractors can be tasked by the Public Works Manager to make
necessary repairs.
Step 3 – Contractors to submit emergency time and material agreement to the Public
Works Manager for execution by the appropriate signer.
Step 4 – Details of the emergency situation and copies of any agreements executed shall
be presented to the City Council for validation as soon as practical following the award
of the emergency contracts.
If the emergency has been declared by Federal or state Officials, the city council can pass a
resolution validating that declaration of emergency as well.
Importantly, emergency purchases and contracts must still include retainage, prevailing wages
and performance and payment bonds requirements.
It is advised, but not mandated, that the small works roster be consulted to determine whether
there are contractors who could mobilize quickly who also already may have the required
insurance and other certificates on file.
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1.3 New Procurement
1.3.0 Small Purchases of Goods & Services
Small purchases are typically goods (excluding Public Works) under $10,000 and include
memberships, trainings, etc. These purchases can be made as follows:
Process Allowed Uses Non-Allowed Uses
Credit Card Business related purchases
where an account can’t be
established or would delay the
purchase of a critical item.
Alcohol, capital equipment, cash
advance, consulting services,
personal items, professional
services, business where an
account is established.
Established Accounts Business related purchases as
authorized by Department
Head, or its designee
Food/alcohol, personal items,
cash advance,
professional/consulting services
1.3.1 State Contracts
The Washington State Department Enterprise Services (DES) offer existing contracts for goods
and services that the City may use. The city has signed the Master Contracts Usage Agreement
with DES for the ability to access their contracts and encourages the use of these contracts
whenever possible. When using a state contract, the City, utilizing the State’s competitive
process thus eliminating the need for the City to perform one.
Purchases made with a State contract must follow the same guidelines as any other purchase.
1.3.2 Large Purchases for Materials, Supplies & Equipment
Any purchase of material, supplies, and equipment, where the cost exceeds $7,500.
- Identify grants funding requirements to follow, if applicable
- Prepare product specifications – warranties, delivery, liquidated damages, etc.
- Prepare documents – advertisements, equal opportunities, bid proposal sheet bidder’s
checklist, bid bond, etc., as appropriate.
- Prepare addenda if required and notify plan holders and post online,
- Schedule and conduct bid openings, when appropriate
- Award the bid after determining the lowest, responsible, responsive bidder and prepare
Council materials, if required.
The Purchase Agreement Documents:
- Contact information for both contractor and City employee.
- Bid/Specifications including successful vendor’s required forms submitted at time of bid.
- City’s Insurance Requirements with successful vendor’s Certificate of Insurance, if
applicable.
Document Storage and Routings
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- A copy of the Purchase Agreement documents should be available to the City’s authorized
signer to review and in the City Council Agenda packet when City Council approval is
required.
- An electronic copy of the signed multi-year agreements to the City Clerk to record in the
City’s records and an email notification of all new contracts to other impacted documents.
-
1.3.3 Technology Purchases
To purchase telecommunication and data processing equipment or software:
- What is being purchased: a service, installation, supply, or equipment. If a major portion of
the software cost is to customize the program for City needs then the purchase is a service.
If the purchase involves installation of cable, conduits, and other devises the purchase may
be public works.
- Departments must work with the Information Systems Director/Manager to purchase both
hardware and software, to allow that department to adequately support these technologies.
All potential acquisitions of electronic computing systems, including workstations,
peripherals, and software, must be approved by the Information Systems Director/Manager.
This includes acquisitions using grant funds.
Telecommunications Purchases over Bid Limit
1. A request for proposals (RFP) must be published in the newspaper of general circulation at
least 13 days before the last date on which the proposals will be received.
2. The RFP must identify significant evaluation factors, including price, and their relative
importance.
3. Provided procedures must be reasonable for technical evaluation of proposals, identification
of qualified sources and selection for awarding the contract.
4. The award must be made to the qualified bidder whose proposal is “most advantageous” to
the city. The City has the right to reject all proposals for good cause and request new
proposals.
1.3.4 Public Works
Public Works – RCW-39.04.010 – “Public Work” means all work, construction, alteration, repair,
or improvement other than ordinary maintenance, executed at the cost of the state or of any
municipality, or which is by law a lien or charge on any property therein.
Limitations on work by public employees Day Labor Limit – RCW 35.23.352 – Any second-class
City or Town may construct any public works as defined in RCW 39.04.010 by contract or day
labor without calling for bids therefore whenever the estimated cost of the work or
improvements, including cost of materials, supplies, and equipment will not exceed $116,155 if
more than one craft or trade is involved with the public works, or $75,500 if a single craft or
trade is involved with the public works, or the public works projects is street signalization or
street lighting. Whenever the cost of the public work or improvement, including materials,
supplies and equipment, will exceed these figures, the same shall be done by contract, in
accordance with RCW 39.08.030.
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Determining the Cost of a Public Work – The total construction cost of each project must be
estimated in order to correctly apply bid limit dollar amounts to determine if a public works
project must be competitively bid. The final cost must be validated by the City of East
Wenatchee. The total construction cost is used to make that determination. The estimate shall
include materials, supplies, equipment, and labor on the construction of that project and
applicable sales and use taxes. The value of volunteer labor, material, or equipment need not be
included in the cost estimate for a public works project, as they are not a cost to the agency.
Bid Splitting – RCW 35.23.521(1) and RCW 39.04.155(4) prohibit the division of a project into
units of work or phases of work to avoid the restriction on work that may be performed by day
labor a single project.
1.3.5 Small Works – Limited Public Works Process (RCW 39.04.155)
This section provides uniform small works roster provision to award.
Public Works projects with costs less than $50,000 qualify as Limited Public Works. The
procedures listed below are required.
1.3.6 Public Works – Small Works Roster
When the estimated cost of a public works project is $350,000 or less, the City may follow Small
Works Roster (SWR) process for construction of a public work or improvement in accordance
with RCW 39.04.155.
Small Works Roster Process:
o Prepare the bid package.
o Prepare an advertisement for bids that indicates the estimated project cost, bid opening and
closing date and time, a brief explanation of the project, where bid documents can be
located and where to send bids within the City. Send advertisement to all contractors listed
on the MRSC Small Works Roster that have indicated they can perform the type of work
being solicited.
o The contract shall be awarded to the lowest responsible bidder and approved in accordance
with the Purchasing Policy Matrix.
o Send a copy of the signed agreement to the City Clerk to record in the City’s Records and
send email notification to impacted departments.
o
1.3.7 Public Works – Formal Bid Process
Competitive bidding is designed to prevent favoritism in awarding public work contracts and to
enable local government to obtain the best work or supplies at the most reasonable prices.
Projects with estimated costs equal to or greater than $350,000 must be put out to bid.
Formal Bid Process:
1. Department to compile bid package.
2. The notice to be is to be published in the official newspaper at least 13 days prior to the
date bids are to be received. The notice shall state the nature of the work for which plans
and specs will then be on file.
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3. Bids must be sealed and filed within the time specified.
4. Each bid requires a bid proposal deposit of 5% or more in the form of a cashier’s check,
postal money order or surety bond.
5. Prevailing Wage and Wage Certification form is required.
6. Public bid opening is required.
7. City Council approval is required.
8. Grant funded projects may have additional, or stricture bid requirements.
9. Send a copy of the signed agreement to the City Clerk to record in the City’s Records and an
email notification to the impacted departments.
Must Call for Bids.
Reasoning Requirements
Public Works • Cost of public work including cost of materials, supplies and equipment will exceed $116,155,
• A single craft or trade is involved,
• The project is one of street signalization or street lighting and cost exceeds $75,500
Materials, Supplies
and Equipment
• If the population is under 20,000 and the purchase cost exceeds $7,500 and will not be used
in connection with any public work or improvement
Architectural and
Engineering Services
• City must publish its need for A&E Services in advance, concisely stating general scope and
nature of the project or work.
• Notice must also provide the address of a representative of the City who can provide
additional details.
• Notice can be either (1) publishing an announcement each time the service is neede d, or (2)
announcing generally to the public the City’s projected requirements for any category or type
of A&E service.
1.3.8 Bid Splitting
Municipalities may not break a public works project into separate phases or parts to avoid
compliance with bidding statutes RCW 35.23.352(1). Instead, a city, while completing the actual
project in phases, must total the cost of all phases of the public work or purchase. If the
aggregate cost exceeds the applicable bid limit, the city must bid each phase of the project even
though a given phase may cost less than the bid limit.
1.3.9 Purchasing from Other Governments and “Piggybacking” (RCW 39.32.070-090.)
RCW 39.32.070 authorizes cities to purchase equipment, supplies, and other property without
advertising, giving notice, or inviting bids. RCW 39.32.080 suspends any charter provisions,
ordinances, or policies that require bidding when dealing with the federal government. RCW
39.32.090 requires that an ordinance or resolution be passed before any purchase is made from
the federal government or through a federal government contract.
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The city may acquire surplus property from another government entity without regard to bid
laws. RCW 39.33.010 authorizes such purchases “on such terms and conditions as may be
mutually agreed upon by the proper authorities.”
An interlocal agreement must be in place before the city can piggyback or buy off another
jurisdiction’s contract. (RCW 39.34.030(5)(b). Cities may also use the authority granted in RCW
39.34.030 to make purchases through state contracts. By signing a Master Contracts Usage
Agreement with the Department of Enterprise Services.
The Master Contracts Usage Agreement is a one-time agreement necessary to meet statutory
requirement allowing organizations to use Washington State master contracts upon
qualification.
1.3.10 Purchases from Auctions
According to RCW 39.30.045 any municipality, as defined in RCW 39.04.010, may purchase any
supplies, equipment, or materials at auctions conducted by the government of the United States
or any agency thereof, any agency of the state of Washington, any municipality or other
government agency, or any private party without being subject to public bidding requirements if
the items can be obtained at a competitive price.
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East Wenatchee
Council Agenda Bill
To: Mayor Crawford and Council
From/Presenter:Garren Melton, Public Works Manager
Subject: Resolution 2023-39 Interlocal Agreement between the City of East Wenatchee
and the East Wenatchee Water District for utility work on the 5th Street NE
Safe Routes to School project
Date: June 20, 2023
I.Summary Title:
A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to
execute an Interlocal Agreement between the City of East Wenatchee and the East
Wenatchee Water District for utility work on the 5th Street NE Safe Routes to School
project.
II.Background/History:
The City and Water District often partner on projects to reduce costs and limit the
disruption to the traveling public. On the City’s 5th Street Safe Routes to School
project the Water District identified utility upgrades in the project area and
coordinated with the City to incorporate their design into the final project. The
proposed agreement outlines terms and conditions for project management, change
orders, and progress payments.
The Water Districts schedule was bid at $808,911.44 by Active Construction Inc.
Additionally, staff estimate that approximately $22,500 will be incurred for
inspection services from the City’s consultant on behalf of the Water District.
III.Recommended Action:
Approve Resolution 2023-39 authorizing the Mayor to execute an Interlocal
Agreement with the East Wenatchee Water District associated with the 5th Street
Safe Routes to School Project.
IV.Exhibits:
1. Resolution 2023-39
Financial Data
Expenditure Required Amount Budgeted Appropriation Required
$0 $0 No
City of
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City of East Wenatchee Resolution 2023-39 with Exhibit A
Retain Resolution until no longer needed for City-business, then transfer to Washington State
Archives (GS50-05A-16 Rev. 1)
Page 1 of 2
City of East Wenatchee, Washington
Resolution No. 2023-39
A Resolution of the City of East Wenatchee, Washington authorizing
the Mayor to execute an Interlocal Agreement between the City of East
Wenatchee and the East Wenatchee Water District for utility work on
the 5th Street NE Safe Routes to School Project.
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille,
leer en voz alta, etc.), póngase en contacto con el vendedor de la
ciudad al alternateformat@eastwenatcheewa.gov, al (509) 884-
9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish,
Braille, read aloud, etc.), please contact the City Clerk at
alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at
711 (TTY).
2. Authority.
2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City
Council to organize and regulate its internal affairs and to define
the powers, functions and duties of its officers and employees.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO
RESOLVE AS FOLLOWS:
3. Authorization. The City Council authorizes the Mayor to execute
an Interlocal Agreement that conforms to the language set forth in
Exhibit A.
4. Severability. If a court of competent jurisdiction declares any
provision in this resolution to be contrary to law, such declaration
shall not affect the validity of the other provisions of this Resolution.
5. Effective date. This Resolution becomes effective immediately.
Exhibit A
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City of East Wenatchee Resolution 2023-39 with Exhibit A
Retain Resolution until no longer needed for City-business, then transfer to Washington State
Archives (GS50-05A-16 Rev. 1)
Page 2 of 2
Passed by the City Council of East Wenatchee, at a regular meeting
thereof on this _____ day of _______________, 2023.
The City of East Wenatchee,
Washington
By ________________________
Jerrilea Crawford, Mayor
Attest:
___________________________
Anna Laura Leon, City Clerk
Approved as to form only:
___________________________
Sean Lewis, Assistant City Attorney
Filed with the City Clerk: __________
Passed by the City Council: __________
Effective Date: __________
Exhibit A
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1
Filed for and Return to:
Laura Leon, City Clerk
City of East Wenatchee
271 9th Street NE
East Wenatchee, WA 98802
The information contained in this boxed section is for recording purposes only pursuant to RCW 36.18
and RCW 65.04, and is not to be relied upon for any other purpose, and shall not affect the intent of
any warranty contained in the document itself.
Document Title: Interlocal Cooperation Agreement Between the City of East Wenatchee and the East
Wenatchee Water District for Utility Work, and Roadway improvements associated
with the East Wenatchee Safe Routes to School Projects (2019-08)
Grantor(s): City of East Wenatchee and East Wenatchee Water District
Grantee(s): City of East Wenatchee and East Wenatchee Water District
Reference Number(s) of Document Related, Assigned or Released: N/A
Abbreviated Legal Description: N/A
Complete or Additional Legal Description on page of Document – N/A
Assessor’s Parcel Number: N/A
Filed with the Auditor pursuant to RCW 39.34.040
Interlocal Cooperation Agreement Between the City of East Wenatchee and the East
Wenatchee Water District for Utility Work , and Roadway Improvements Associated with the
East Wenatchee Safe Routes to School Projects (2019-08)
THIS INTERLOCAL COOPERATION AGREEMENT ("Agreement") is hereby entered into this
date by and between EAST WENATCHEE WATER DISTRICT (the "District"), and the CITY
OF EAST WENATCHEE (the "City"), collectively referred to as the "Parties."
RECITALS:
1. The City is engaged in a road improvement project involving 5th Street NE, East Wenatchee,
Douglas County, Washington (the "Project"); and,
2. In order to continue providing water service to a portion of its service area, the District
desires to replace the water main and service connections within the Project; and,
3. The City and the District desire to cooperate in the replacement and adjustment of utilities
during the construction of the Project;
NOW, THEREFORE, in consideration of the foregoing, the City and the District agree as
follows:
1. Purpose. The purpose of this Agreement is to provide for the construction of the water
main, and services in the Project concurrent with other construction improvements.
2. Scope of Work. A cost estimate containing a preliminary list of construction bid it ems
associated with the Water District work is set forth in Exhibit A.
3. District's Obligations. The District shall:
3.1 Provide design services for the District’s portion of the work and coordinate
with the City’s consulting engineer to incorporate the design into the Project’s
bid documents.
Exhibit A
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2
3.2 Review the engineering design on plan and profile sheets provided by the City's
consultant.
3.3 Review Special Provisions of the bid documents for the District’s facilities within
the Project, also to be furnished by the City's consultant.
3.4 Approve 100% Plans, Specifications and Estimate (PS & E) package for bid
advertisement.
3.5 Provide any additional field engineering, including survey control and
construction staking for the construction of the District’s improvements, except
for services that are provided for by the contractor in the contract .
3.6 Provide construction observation, material testing, and field testing services, for
the construction of the District’s improvements.
3.7 Provide for reimbursement of any and all costs approved by the District and
incurred by the City associated with the construction of the District’s
improvements, including:
(a) Construction of all of the District’s related improvements,
(b) Processing of change orders requested by the District.
(c) All District work described in approved PS&E package. Associated
costs are described in Exhibit A
3.8 Be responsible for its staff coordination with the City and its consultant.
4. City's Obligations. The City shall:
4.1 Incorporate the engineering design and specifications for the District’s
improvements in the City's roadway construction plans for the Project.
4.2 Administer the bidding and contract award for the Project, including:
(a) Preparing bid documents to require that costs associated with the
District’s portion of the Project be separately itemized in the bid
submittal;
(b) Advertising for construction bids; and
(c) Awarding of the construction contract to the lowest responsible bidder
based on the lowest total submitted for all schedules of work.
4.3 Administer the construction contract, including:
(a) Preparation and delivery of Notice of Award and Notice to Proceed to
the contractor;
(b) Scheduling the construction work with the contractor;
(c) Disbursement of payments to the roadway contractor; and
(d) Administration of change orders, although the District shall have final
authority for review and approval of any change order that affects the
District’s improvements; and
(e) Contract closeout.
Exhibit A
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3
4.4 Be responsible for the administration, management, and budget for this Project.
4.5 The City agrees that the District reserves the right to inspect and approve all
work done on the District’s system prior to the District being obligated to pay
the City its costs for such work.
5. Unexpected Changes. The District and the City recognize that unanticipated or
unexpected changes to the project plans may be necessary as the project develops. The District and
the City will cooperate to address any unanticipated or unexpected circumstances that may require a
change in the design or construction of the Project and/or that may require additional expenditures
beyond those budgeted. The District in the City will further cooperate in the allocation of any such
additional costs with consideration of the party (if any) responsible for the cost and the extent to
which the changes benefit the District or the City.
6. Duration and Termination. This Agreement shall become effective upon the
filing of the executed Agreement with the Douglas County Auditor pursuant to RCW 39.34.040.
This agreement will terminate when the Project is completed and when the final payment for the
District’s portion of the Project is received by the City from the District.
7. Payment by District to City. The District shall pay the City for the District’s related
portion of the project. As set forth in Exhibit A, the District shall pay the City 100% of the amount
of the actual cost to construct the items shown in the District’s portion of the bid schedule, \
including Washington State Sales Tax. In the event a change order requested by the District related
specifically to work of benefit to the District only occurs , the District shall pay all of the costs of any
such change order. The District shall make periodic progress payments to the City. Each progress
payment, subject to the terms of this agreement, and the final payment are due within 45 days of the
date the payment request is mailed by the City to the District. Any payment past due shall accrue
interest at the rate of twelve (12%) per cent per annum until the entire outstanding balance of the
past due principal and interest is paid.
8. Records. The City shall keep and maintain accurate and complete cost records
pertaining to the Project and this Agreement. The District shall have full access and the right to
examine any such records during the term of this Agreement. All records, books, documents and
other materials maintained, prepared, or issued by the District in the implementation of this
Agreement shall be the property of the Distr ict, which shall have the responsibility of the retention
and release of those materials.
9. Mutual Indemnity. The District shall indemnify, defend and hold harmless the City, it s
officers, agents and employees, from and against any and all claims, losses or liability, or any portion
thereof, arising from injury or death to persons or damage to property occasioned by a ny negligent
act, omission or failure of the District, its officers, agents, and employees, in connection with the
work described in this agreement, or arising out of the District's non -observance or non-
performance of any law, ordinance, or regulation app licable to the District’s portion of the Project.
The City shall indemnify, defend and hold harmless the District, its officers, agents and
employees, from and against any and all claims, losses or liability, or any portion thereof, arising
from injury or death to persons or damage to property occasioned by any negligent act, omission or
failure of the City, its officers, agents and emplo yees, in connection with the work described in this
agreement, or arising out of the City's non-observance or non-performance of any law, ordinance or
regulation applicable to the District’s portion of the Project.
Exhibit A
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4
10. Severability. In the event that any provision of this Agreement shall be determined to
be unenforceable or otherwise invalid for any reason, such provision shall be enforced and validated
to the extent permitted by law. All other provisions of this Agreement are severable, and the
unenforceability or invalidity of any single provision hereof shall not affect the remaining provisions.
11. Construction. This agreement contains the entire agreement between the Part ies with
respect to the subject matter hereof and supersedes all prior agr eements or understandings among
the Parties with respect thereto. This Agreement may be amended only by an agreemen t in writing
signed by the Parties.
12. Mutual Negotiation and Construction. This Agreement and each of the terms and
provisions hereof are deemed to have been explicitly negotiated between, and mutually drafted by,
the Parties, and the language in all parts of this Agreement shall, in all cases, be construed according
to its fair meaning and not strictly for or against either Party.
13. Governing Law; Venue. This Agreement is governed by the laws of the state of
Washington, without regard to it s conflict of law provisions. The jurisdiction of any action
hereunder shall be in the Superior Court, Douglas County, Washington.
INWITNESS WHEREOF, the parties hereto have executed this Agreement on this
__________ day of ________________ , 2023.
EAST WENATCHEE WATER DISTRICT CITY OF EAST WENATCHEE
___________________________________ _____________________________
Vince Johnston, Manager Jerrilea Crawford, Mayor
Attest:
______________________________
Laura Leon, City Clerk
Exhibit A
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5
EXHIBIT A – Cost Estimate
See attached Bid Tabulations.
Exhibit A
06-20-2023 City Council Agenda Packet
Page 172 of 200
City of East WenatcheeBid Opening: 1:00 PM, Friday, May 5, 2023Kenroy and Sterling SRTS Project - TA 6786Bid Tabulation Prepared: Monday, May 8, 2023BID TABULATIONNo. Sect.ItemQty Unit Unit CostTotalUnit CostTotalUnit CostTotalUnit CostTotalUnit CostTotalUnit CostTotalA1 1-04 Minor Change1EST1.00$ 1.00$ 1.00$ 1.00$ 1.00$ 1.00$ 1.00$ 1.00$ 1.00$ 1.00$ 1.00$ 1.00$ A2 1-05 Roadway Surveying1 LS 30,000.00$ 30,000.00$ 42,500.00$ 42,500.00$ 38,500.00$ 38,500.00$ 42,250.00$ 42,250.00$ 43,000.00$ 43,000.00$ 51,500.00$ 51,500.00$ A3 1-05 ADA Features Surveying1 LS 15,000.00$ 15,000.00$ 3,800.00$ 3,800.00$ 9,430.00$ 9,430.00$ 6,420.00$ 6,420.00$ 7,500.00$ 7,500.00$ 8,250.00$ 8,250.00$ A4 1-05 Record Drawings (Minimum Bid $2000) 1 LS 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ A5 1-07 SPCC Plan1 LS 950.00$ 950.00$ 150.00$ 150.00$ 2,000.00$ 2,000.00$ 1,000.00$ 1,000.00$ 500.00$ 500.00$ 200.00$ 200.00$ A6 1-09 Mobilization1 LS 200,000.00$ 200,000.00$ 650,000.00$ 650,000.00$ 386,270.00$ 386,270.00$ 195,000.00$ 195,000.00$ 230,000.74$ 230,000.74$ 300,000.00$ 300,000.00$ A7 1-10 Project Temporary Traffic Control1 LS 312,500.00$ 312,500.00$ 330,381.56$ 330,381.56$ 144,200.00$ 144,200.00$ 234,000.00$ 234,000.00$ 165,000.00$ 165,000.00$ 351,000.00$ 351,000.00$ A8 1-10 Pedestrian Traffic Control1 LS 50,000.00$ 50,000.00$ 1,850.00$ 1,850.00$ 14,100.00$ 14,100.00$ 8,700.00$ 8,700.00$ 30,000.00$ 30,000.00$ 3,850.00$ 3,850.00$ A9 2-01 Clearing and Grubbing1 LS 10,000.00$ 10,000.00$ 42,750.00$ 42,750.00$ 11,300.00$ 11,300.00$ 25,000.00$ 25,000.00$ 12,000.00$ 12,000.00$ 45,000.00$ 45,000.00$ A10 2-01 Roadside Cleanup1 FA 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ A11 2-02 Removal of Structures and Obstructions 1 LS 25,000.00$ 25,000.00$ 65,000.00$ 65,000.00$ 73,500.00$ 73,500.00$ 35,000.00$ 35,000.00$ 15,000.00$ 15,000.00$ 41,000.00$ 41,000.00$ A12 2-03 Roadway Excavation Incl. Haul2310 CY 42.00$ 97,020.00$ 43.00$ 99,330.00$ 56.50$ 130,515.00$ 70.00$ 161,700.00$ 100.00$ 231,000.00$ 72.00$ 166,320.00$ A13 2-03 Unsuitable Foundation Excavation Incl. Haul 100 CY 60.00$ 6,000.00$ 74.50$ 7,450.00$ 86.25$ 8,625.00$ 65.00$ 6,500.00$ 140.00$ 14,000.00$ 88.00$ 8,800.00$ A14 2-09 Shoring or Extra Excavation Class B 1 LS 20,000.00$ 20,000.00$ 4,750.00$ 4,750.00$ 1.00$ 1.00$ 1,000.00$ 1,000.00$ 1.00$ 1.00$ 1,200.00$ 1,200.00$ A15 4-04 Crushed Surfacing Top Course3410 TN 45.00$ 153,450.00$ 35.00$ 119,350.00$ 52.00$ 177,320.00$ 40.00$ 136,400.00$ 50.00$ 170,500.00$ 75.50$ 257,455.00$ A16 5-04 HMA Cl. 1/2" PG 64-281290 TN 150.00$ 193,500.00$ 128.00$ 165,120.00$ 132.50$ 170,925.00$ 127.00$ 163,830.00$ 130.00$ 167,700.00$ 158.00$ 203,820.00$ A17 6-13 Modular Block Wall1100 SF 70.00$ 77,000.00$ 48.00$ 52,800.00$ 55.00$ 60,500.00$ 50.00$ 55,000.00$ 65.00$ 71,500.00$ 25.00$ 27,500.00$ A18 7-04 Corrugated Polyethylene Storm Sewer Pipe, 12 In. Diam 1210 LF 85.00$ 102,850.00$ 89.00$ 107,690.00$ 123.50$ 149,435.00$ 150.00$ 181,500.00$ 68.00$ 82,280.00$ 100.00$ 121,000.00$ A19 7-04 Ductile Iron Storm Sewer Pipe Cl. 52, 12 In. Diam 30 LF 150.00$ 4,500.00$ 187.00$ 5,610.00$ 205.00$ 6,150.00$ 300.00$ 9,000.00$ 180.00$ 5,400.00$ 138.00$ 4,140.00$ A20 7-04 Corrugated Polyethylene Storm Sewer Pipe, 18 In. Diam 880LF 120.00$ 105,600.00$ 135.00$ 118,800.00$ 135.25$ 119,020.00$ 165.00$ 145,200.00$ 78.00$ 68,640.00$ 120.00$ 105,600.00$ A21 7-04 Ductile Iron Storm Sewer Pipe Cl. 52, 18 In. Diam 50 LF 180.00$ 9,000.00$ 230.00$ 11,500.00$ 267.00$ 13,350.00$ 310.00$ 15,500.00$ 200.00$ 10,000.00$ 184.00$ 9,200.00$ A22 7-05 Catch Basin Type 116 EA 2,500.00$ 40,000.00$ 1,820.00$ 29,120.00$ 2,680.00$ 42,880.00$ 2,000.00$ 32,000.00$ 2,300.00$ 36,800.00$ 2,800.00$ 44,800.00$ A23 7-05 Catch Basin Type 1L6 EA 3,500.00$ 21,000.00$ 2,000.00$ 12,000.00$ 2,400.00$ 14,400.00$ 3,500.00$ 21,000.00$ 2,500.00$ 15,000.00$ 3,500.00$ 21,000.00$ A24 7-05 Catch Basin Type 2, 48 In. Diam.7 EA6,000.00$ 42,000.00$ 4,700.00$ 32,900.00$ 3,680.00$ 25,760.00$ 5,200.00$ 36,400.00$ 4,600.00$ 32,200.00$ 6,600.00$ 46,200.00$ A25 7-05 Concrete Inlet3 EA2,500.00$ 7,500.00$ 1,700.00$ 5,100.00$ 1,810.00$ 5,430.00$ 1,800.00$ 5,400.00$ 2,200.00$ 6,600.00$ 3,400.00$ 10,200.00$ A26 7-05 Precast Concrete Drywell4 EA 12,000.00$ 48,000.00$ 8,900.00$ 35,600.00$ 8,100.00$ 32,400.00$ 15,000.00$ 60,000.00$ 10,500.00$ 42,000.00$ 17,000.00$ 68,000.00$ A27 7-05 Connection to Drainage Structure1 EA1,500.00$ 1,500.00$ 1,800.00$ 1,800.00$ 3,135.00$ 3,135.00$ 3,000.00$ 3,000.00$ 600.00$ 600.00$ 2,200.00$ 2,200.00$ A28 7-05 Connection to Existing Drainage Pipe1 EA1,500.00$ 1,500.00$ 1,500.00$ 1,500.00$ 1,550.00$ 1,550.00$ 1,800.00$ 1,800.00$ 600.00$ 600.00$ 1,500.00$ 1,500.00$ A29 7-05 Adjust Manhole8 EA800.00$ 6,400.00$ 695.00$ 5,560.00$ 975.00$ 7,800.00$ 1,200.00$ 9,600.00$ 1,000.00$ 8,000.00$ 900.00$ 7,200.00$ A30 7-09 Adjust Valve or Structure to Grade2 EA750.00$ 1,500.00$ 485.00$ 970.00$ 1,275.00$ 2,550.00$ 1,200.00$ 2,400.00$ 1,000.00$ 2,000.00$ 1,400.00$ 2,800.00$ A31 7-09 Abandonment / Removal of Terminated GWID Irrigation Facilities1 LS8,000.00$ 8,000.00$ 19,000.00$ 19,000.00$ 15,000.00$ 15,000.00$ 25,000.00$ 25,000.00$ 3,000.00$ 3,000.00$ 21,000.00$ 21,000.00$ A32 7-09 GWID Irrigation Connection at Station 103+131 LS 10,000.00$ 10,000.00$ 16,000.00$ 16,000.00$ 12,500.00$ 12,500.00$ 13,000.00$ 13,000.00$ 13,000.00$ 13,000.00$ 30,000.00$ 30,000.00$ A33 7-09 GWID Irrigation Connection at Station 107+591 LS 10,000.00$ 10,000.00$ 16,000.00$ 16,000.00$ 12,500.00$ 12,500.00$ 13,000.00$ 13,000.00$ 11,812.09$ 11,812.09$ 29,000.00$ 29,000.00$ A34 7-09 GWID Irrigation Connection at Station 112+281 LS 10,000.00$ 10,000.00$ 16,000.00$ 16,000.00$ 12,500.00$ 12,500.00$ 13,000.00$ 13,000.00$ 12,000.00$ 12,000.00$ 32,000.00$ 32,000.00$ A35 7-09 Adjust Existing Irrigation Vault Lid to Grade1 LS8,000.00$ 8,000.00$ 3,300.00$ 3,300.00$ 5,725.00$ 5,725.00$ 6,000.00$ 6,000.00$ 4,700.00$ 4,700.00$ 3,822.00$ 3,822.00$ A36 7-14 Hydrant Assembly1 EA6,000.00$ 6,000.00$ 8,500.00$ 8,500.00$ 9,600.00$ 9,600.00$ 11,000.00$ 11,000.00$ 7,400.00$ 7,400.00$ 6,800.00$ 6,800.00$ A37 8-01 Erosion Control and Water Pollution Prevention1 LS 15,000.00$ 15,000.00$ 19,500.00$ 19,500.00$ 12,750.00$ 12,750.00$ 10,000.00$ 10,000.00$ 2,500.00$ 2,500.00$ 250.00$ 250.00$ A38 8-01 Inlet Protection1 EA150.00$ 150.00$ 180.00$ 180.00$ 93.00$ 93.00$ 100.00$ 100.00$ 80.00$ 80.00$ 300.00$ 300.00$ A39 8-01 High Visibility Fence1350 LF8.00$ 10,800.00$ 4.00$ 5,400.00$ 4.25$ 5,737.50$ 4.00$ 5,400.00$ 7.00$ 9,450.00$ 7.00$ 9,450.00$ A40 8-01 High Visibility Silt Fence920 LF10.00$ 9,200.00$ 8.00$ 7,360.00$ 6.00$ 5,520.00$ 8.00$ 7,360.00$ 5.00$ 4,600.00$ 13.00$ 11,960.00$ A41 8-02 Property Restoration1 FA 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ A42 8-02 Topsoil Type A165 CY95.00$ 15,675.00$ 80.00$ 13,200.00$ 54.50$ 8,992.50$ 100.00$ 16,500.00$ 245.00$ 40,425.00$ 188.00$ 31,020.00$ A43 8-02 Seeded Lawn Installation730 SY6.00$ 4,380.00$ 5.00$ 3,650.00$ 2.00$ 1,460.00$ 2.00$ 1,460.00$ 2.00$ 1,460.00$ 4.00$ 2,920.00$ A44 8-02 Bark or Wood Chip Mulch30 CY120.00$ 3,600.00$ 80.00$ 2,400.00$ 188.00$ 5,640.00$ 175.00$ 5,250.00$ 160.00$ 4,800.00$ 255.00$ 7,650.00$ A45 8-02 Rock Mulch135 CY200.00$ 27,000.00$ 80.00$ 10,800.00$ 123.25$ 16,638.75$ 120.00$ 16,200.00$ 110.00$ 14,850.00$ 175.00$ 23,625.00$ A46 8-02PSIPE Calamagrostis acutiflora 'Karl Foerster'/ Karl Foerster Feather Reed Grass; 2 Gal. Cont. 92 EA45.00$ 4,140.00$ 16.00$ 1,472.00$ 42.00$ 3,864.00$ 40.00$ 3,680.00$ 40.00$ 3,680.00$ 79.00$ 7,268.00$ A47 8-02PSIPE Caryopteris x clandonensis 'Beyond Midnight'/ Beyond Midnight Blue Spirea; 2 Gal. Cont.40 EA50.00$ 2,000.00$ 53.00$ 2,120.00$ 42.00$ 1,680.00$ 40.00$ 1,600.00$ 40.00$ 1,600.00$ 79.00$ 3,160.00$ A48 8-02 PSIPE Coreopsis 'Citrine'/ Citrine Tickseed; 2 Gal. Cont. 146 EA28.00$ 4,088.00$ 53.00$ 7,738.00$ 42.00$ 6,132.00$ 40.00$ 5,840.00$ 40.00$ 5,840.00$ 79.00$ 11,534.00$ A49 8-02 PSIPE Spiraea japonica 'Flaming Mound'/ Flaming Mound Spirea; 2 Gal. Cont. 64 EA45.00$ 2,880.00$ 53.00$ 3,392.00$ 42.00$ 2,688.00$ 40.00$ 2,560.00$ 40.00$ 2,560.00$ 79.00$ 5,056.00$ A50 8-02 Weed Barrier Fabric1770 SY12.00$ 21,240.00$ 3.00$ 5,310.00$ 3.10$ 5,487.00$ 4.00$ 7,080.00$ 3.00$ 5,310.00$ 5.00$ 8,850.00$ A51 8-02 Landscape Rocks193 EA100.00$ 19,300.00$ 106.00$ 20,458.00$ 344.50$ 66,488.50$ 350.00$ 67,550.00$ 290.00$ 55,970.00$ 140.00$ 27,020.00$ A52 8-03 Irrigation System, Complete1 LS 35,000.00$ 35,000.00$ 100,000.00$ 100,000.00$ 33,600.00$ 33,600.00$ 35,000.00$ 35,000.00$ 30,000.00$ 30,000.00$ 111,000.00$ 111,000.00$ A53 8-04 Cement Conc. Traffic Curb and Gutter2570 LF42.00$ 107,940.00$ 59.50$ 152,915.00$ 50.80$ 130,556.00$ 34.00$ 87,380.00$ 32.00$ 82,240.00$ 37.00$ 95,090.00$ A54 8-04 Cement Conc. Traffic Curb900 LF45.00$ 40,500.00$ 90.00$ 81,000.00$ 44.00$ 39,600.00$ 56.00$ 50,400.00$ 56.00$ 50,400.00$ 65.00$ 58,500.00$ A55 8-04 Cement Conc. Pedestrian Curb250 LF60.00$ 15,000.00$ 83.00$ 20,750.00$ 50.50$ 12,625.00$ 56.00$ 14,000.00$ 56.00$ 14,000.00$ 54.00$ 13,500.00$ A56 8-06 Cement Conc. Driveway Entrance Type 1150 SY110.00$ 16,500.00$ 170.00$ 25,500.00$ 169.00$ 25,350.00$ 120.00$ 18,000.00$ 130.00$ 19,500.00$ 119.00$ 17,850.00$ A57 8-06 Cement Conc. Driveway Entrance Type 1 Modified (One-sided)80 SY110.00$ 8,800.00$ 214.00$ 17,120.00$ 169.00$ 13,520.00$ 130.00$ 10,400.00$ 130.00$ 10,400.00$ 119.00$ 9,520.00$ A58 8-06 Cement Conc. Driveway Entrance Type 240 SY110.00$ 4,400.00$ 200.00$ 8,000.00$ 169.00$ 6,760.00$ 130.00$ 5,200.00$ 140.00$ 5,600.00$ 130.00$ 5,200.00$ A59 8-06 Cement Conc. Driveway Entrance Type 3160 SY110.00$ 17,600.00$ 189.00$ 30,240.00$ 169.00$ 27,040.00$ 130.00$ 20,800.00$ 140.00$ 22,400.00$ 130.00$ 20,800.00$ A60 8-06 Cement Conc. Driveway Entrance Type 3 Modified (Depressed)180 SY110.00$ 19,800.00$ 206.00$ 37,080.00$ 169.00$ 30,420.00$ 120.00$ 21,600.00$ 140.00$ 25,200.00$ 130.00$ 23,400.00$ A61 8-06 Cement Conc. Driveway128 SY100.00$ 12,822.13$ 163.00$ 20,864.00$ 169.00$ 21,632.00$ 130.00$ 16,640.00$ 140.00$ 17,920.00$ 145.00$ 18,560.00$ A62 8-13 Replace Monument and Monument Case and Cover3 EA1,500.00$ 4,500.00$ 595.00$ 1,785.00$ 1,360.00$ 4,080.00$ 3,000.00$ 9,000.00$ 2,000.00$ 6,000.00$ 650.00$ 1,950.00$ A63 8-14 Cement Concrete Sidewalk1780 SY90.00$ 160,200.00$ 96.00$ 170,880.00$ 105.00$ 186,900.00$ 95.00$ 169,100.00$ 115.00$ 204,700.00$ 107.00$ 190,460.00$ A64 8-14 Cement Conc. Curb Ramp, Type Perpendicular A6 EA4,000.00$ 24,000.00$ 5,000.00$ 30,000.00$ 3,000.00$ 18,000.00$ 4,000.00$ 24,000.00$ 4,500.00$ 27,000.00$ 3,200.00$ 19,200.00$ A65 8-14 Cement Conc. Curb Ramp, Type Perpendicular A (3-Inch)14 EA4,000.00$ 56,000.00$ 5,000.00$ 70,000.00$ 3,000.00$ 42,000.00$ 4,000.00$ 56,000.00$ 4,500.00$ 63,000.00$ 3,300.00$ 46,200.00$ A66 8-14 Cement Conc. Curb Ramp, Type Parallel A6 EA4,000.00$ 24,000.00$ 5,000.00$ 30,000.00$ 3,200.00$ 19,200.00$ 5,000.00$ 30,000.00$ 5,800.00$ 34,800.00$ 4,800.00$ 28,800.00$ A67 8-14 Cement Conc. Curb Ramp, Type Parallel A (3-Inch)9 EA4,000.00$ 36,000.00$ 5,000.00$ 45,000.00$ 3,200.00$ 28,800.00$ 5,000.00$ 45,000.00$ 5,800.00$ 52,200.00$ 4,800.00$ 43,200.00$ A68 8-14 Cement Conc. Curb Ramp, Type Parallel B 3 EA4,000.00$ 12,000.00$ 5,000.00$ 15,000.00$ 3,000.00$ 9,000.00$ 5,000.00$ 15,000.00$ 5,800.00$ 17,400.00$ 4,800.00$ 14,400.00$ A69 8-14 Cement Conc. Curb Ramp, Type Parallel B (3-Inch)3 EA4,000.00$ 12,000.00$ 5,000.00$ 15,000.00$ 3,000.00$ 9,000.00$ 5,000.00$ 15,000.00$ 5,800.00$ 17,400.00$ 4,800.00$ 14,400.00$ A70 8-14 Cement Conc. Thickened Edge Sidewalk670 LF50.00$ 33,500.00$ 107.50$ 72,025.00$ 160.50$ 107,535.00$ 65.00$ 43,550.00$ 115.00$ 77,050.00$ 90.00$ 60,300.00$ A71 8-14 Detectable Warning Surface, Cast-In-Place2 EA150.00$ 300.00$ 2,300.00$ 4,600.00$ 825.00$ 1,650.00$ 1,100.00$ 2,200.00$ 1,100.00$ 2,200.00$ 1,300.00$ 2,600.00$ A72 8-18 Mailbox Relocation10 EA1,000.00$ 10,000.00$ 800.00$ 8,000.00$ 800.00$ 8,000.00$ 1,000.00$ 10,000.00$ 400.00$ 4,000.00$ 400.00$ 4,000.00$ A73 8-20 Kenroy Illumination System Complete1 LS 460,000.00$ 460,000.00$ 336,500.00$ 336,500.00$ 361,000.00$ 361,000.00$ 350,000.00$ 350,000.00$ 420,000.00$ 420,000.00$ 410,000.00$ 410,000.00$ A74 8-20 Solar Powered Flashing LED Enhanced Sign Assembly at 5th St NE & N Kentucky Ave1 LS 51,000.00$ 51,000.00$ 34,950.00$ 34,950.00$ 37,625.00$ 37,625.00$ 36,000.00$ 36,000.00$ 45,000.00$ 45,000.00$ 43,000.00$ 43,000.00$ A75 8-20 Relocation of Existing Solar Powered Flashing Assemblies1 LS8,000.00$ 8,000.00$ 3,500.00$ 3,500.00$ 3,775.00$ 3,775.00$ 4,000.00$ 4,000.00$ 12,000.00$ 12,000.00$ 4,300.00$ 4,300.00$ A76 8-21 Permanent Signing1 LS 25,000.00$ 25,000.00$ 20,000.00$ 20,000.00$ 19,500.00$ 19,500.00$ 25,000.00$ 25,000.00$ 19,000.00$ 19,000.00$ 24,400.00$ 24,400.00$ A77 8-22 Paint Line1710 LF2.00$ 3,420.00$ 0.25$ 427.50$ 0.30$ 513.00$ 0.30$ 513.00$ 0.25$ 427.50$ 2.60$ 4,446.00$ A78 8-22 Plastic Stop Line150 LF25.00$ 3,750.00$ 19.00$ 2,850.00$ 21.25$ 3,187.50$ 20.00$ 3,000.00$ 18.00$ 2,700.00$ 19.50$ 2,925.00$ A79 8-22 Plastic Crosswalk Line2310 SF15.00$ 34,650.00$ 13.00$ 30,030.00$ 14.35$ 33,148.50$ 14.00$ 32,340.00$ 12.50$ 28,875.00$ 13.00$ 30,030.00$ A80 8-22 Plastic Speed Bump Symbol4 EA300.00$ 1,200.00$ 186.00$ 744.00$ 207.00$ 828.00$ 200.00$ 800.00$ 175.00$ 700.00$ 322.00$ 1,288.00$ A81 8-22 Removing Conflicting Pavement Markings1 LS3,000.00$ 3,000.00$ 19,000.00$ 19,000.00$ 22,000.00$ 22,000.00$ 20,000.00$ 20,000.00$ 18,450.00$ 18,450.00$ 12,300.00$ 12,300.00$ A82 8-23 Temporary Pavement Markings1 LS1,500.00$ 1,500.00$ 7,000.00$ 7,000.00$ 5,750.00$ 5,750.00$ 2,500.00$ 2,500.00$ 5,000.00$ 5,000.00$ 3,200.00$ 3,200.00$ A83 8-26 Utility Potholing30 EA650.00$ 19,500.00$ 685.00$ 20,550.00$ 800.00$ 24,000.00$ 800.00$ 24,000.00$ 175.00$ 5,250.00$ 12,300.00$ 369,000.00$ 3,067,106.13$ 3,598,473.06$ *3,180,638.25$ 3,054,604.00$ 3,045,672.33$ 3,918,240.00$ HURST CONSTRUCTIONTOTAL BID A+B+C+D =Engineer's EstimateACTIVE CONSTRUCTION INC(Apparent Low Bid)JOHANSEN CONSTRUCTION PIPKIN CONSTRUCTION SELLAND CONSTRUCTION $ 7,286,625.80 TOTAL SCHEDULE A $ 7,072,016.37 $ 6,723,723.00 $ 7,072,170.55 $ 7,149,994.73 $ 7,208,641.00 Exhibit A06-20-2023 City Council Agenda Packet Page 173 of 200
City of East WenatcheeBid Opening: 1:00 PM, Friday, May 5, 2023Kenroy and Sterling SRTS Project - TA 6786Bid Tabulation Prepared: Monday, May 8, 2023BID TABULATIONHURST CONSTRUCTIONEngineer's EstimateACTIVE CONSTRUCTION INC(Apparent Low Bid)JOHANSEN CONSTRUCTION PIPKIN CONSTRUCTION SELLAND CONSTRUCTIONNo. Sect.ItemQty Unit Unit CostTotalUnit CostTotalUnit CostTotalUnit CostTotalUnit CostTotalUnit CostTotalB1 1-04 Minor Change1 EST 1.00$ 1.00$ 1.00$ 1.00$ 1.00$ 1.00$ 1.00$ 1.00$ 1.00$ 1.00$ 1.00$ 1.00$ B2 1-05 Roadway Surveying1 LS 30,000.00$ 30,000.00$ 43,500.00$ 43,500.00$ 38,500.00$ 38,500.00$ 47,000.00$ 47,000.00$ 50,000.00$ 50,000.00$ 57,700.00$ 57,700.00$ B3 1-05 ADA Features Surveying1 LS 15,000.00$ 15,000.00$ 8,000.00$ 8,000.00$ 7,360.00$ 7,360.00$ 7,400.00$ 7,400.00$ 10,000.00$ 10,000.00$ 9,600.00$ 9,600.00$ B4 1-05 Record Drawings (Minimum Bid $2000) 1 LS 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ B5 1-07 SPCC Plan1 LS 950.00$ 950.00$ 150.00$ 150.00$ 1,000.00$ 1,000.00$ 1,000.00$ 1,000.00$ 500.00$ 500.00$ 200.00$ 200.00$ B6 1-09 Mobilization1 LS 200,000.00$ 200,000.00$ 1,000.00$ 1,000.00$ 200,000.00$ 200,000.00$ 245,000.00$ 245,000.00$ 200,000.00$ 200,000.00$ 124,000.00$ 124,000.00$ B7 1-10 Project Temporary Traffic Control1 LS 387,250.00$ 387,250.00$ 1,000.00$ 1,000.00$ 144,200.00$ 144,200.00$ 233,000.00$ 233,000.00$ 170,000.00$ 170,000.00$ 179,000.00$ 179,000.00$ B8 1-10 Pedestrian Traffic Control1 LS 50,000.00$ 50,000.00$ 1,850.00$ 1,850.00$ 25,400.00$ 25,400.00$ 9,600.00$ 9,600.00$ 30,000.00$ 30,000.00$ 3,850.00$ 3,850.00$ B9 2-01 Clearing and Grubbing1 LS 10,000.00$ 10,000.00$ 27,500.00$ 27,500.00$ 28,000.00$ 28,000.00$ 7,500.00$ 7,500.00$ 30,000.00$ 30,000.00$ 27,000.00$ 27,000.00$ B10 2-01 Roadside Cleanup1 FA 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ B11 2-02 Removal of Structures and Obstructions 1 LS 25,000.00$ 25,000.00$ 59,000.00$ 59,000.00$ 2,000.00$ 2,000.00$ 11,000.00$ 11,000.00$ 11,000.00$ 11,000.00$ 3,900.00$ 3,900.00$ B12 2-03 Roadway Excavation Incl. Haul1130 CY 42.00$ 47,460.00$ 46.50$ 52,545.00$ 56.50$ 63,845.00$ 100.00$ 113,000.00$ 170.00$ 192,100.00$ 93.00$ 105,090.00$ B13 2-03 Unsuitable Foundation Excavation Incl. Haul 90 CY 60.00$ 5,400.00$ 79.00$ 7,110.00$ 86.25$ 7,762.50$ 65.00$ 5,850.00$ 135.00$ 12,150.00$ 63.00$ 5,670.00$ B14 2-09 Shoring or Extra Excavation Class B 1 LS 20,000.00$ 20,000.00$ 4,500.00$ 4,500.00$ 1.00$ 1.00$ 1,000.00$ 1,000.00$ 1.00$ 1.00$ 3,000.00$ 3,000.00$ B15 4-04 Crushed Surfacing Top Course1960 TN 45.00$ 88,200.00$ 35.00$ 68,600.00$ 56.00$ 109,760.00$ 56.00$ 109,760.00$ 78.00$ 152,880.00$ 78.00$ 152,880.00$ B16 5-04 HMA Cl. 1/2" PG 64-281450 TN 170.00$ 246,500.00$ 127.00$ 184,150.00$ 132.50$ 192,125.00$ 127.00$ 184,150.00$ 140.00$ 203,000.00$ 154.00$ 223,300.00$ B17 6-13 Modular Block Wall660 SF 70.00$ 46,200.00$ 55.00$ 36,300.00$ 55.00$ 36,300.00$ 54.00$ 35,640.00$ 70.00$ 46,200.00$ 25.00$ 16,500.00$ B18 7-04 Corrugated Polyethylene Storm Sewer Pipe, 12 In. Diam 1920 LF 85.00$ 163,200.00$ 90.00$ 172,800.00$ 123.50$ 237,120.00$ 130.00$ 249,600.00$ 85.00$ 163,200.00$ 81.00$ 155,520.00$ B19 7-04 Ductile Iron Storm Sewer Pipe Cl. 52, 12 In. Diam 70 LF 150.00$ 10,500.00$ 162.00$ 11,340.00$ 205.00$ 14,350.00$ 200.00$ 14,000.00$ 160.00$ 11,200.00$ 165.00$ 11,550.00$ B20 7-05 Catch Basin Type 123 EA 2,500.00$ 57,500.00$ 2,050.00$ 47,150.00$ 2,680.00$ 61,640.00$ 2,100.00$ 48,300.00$ 2,400.00$ 55,200.00$ 2,350.00$ 54,050.00$ B21 7-05 Catch Basin Type 1L2 EA 3,500.00$ 7,000.00$ 1,900.00$ 3,800.00$ 2,400.00$ 4,800.00$ 3,500.00$ 7,000.00$ 2,300.00$ 4,600.00$ 3,355.00$ 6,710.00$ B22 7-05 Catch Basin Type 2, 48 In. Diam.6 EA 6,000.00$ 36,000.00$ 4,700.00$ 28,200.00$ 3,625.00$ 21,750.00$ 5,000.00$ 30,000.00$ 3,700.00$ 22,200.00$ 6,200.00$ 37,200.00$ B23 7-05 Catch Basin Type 2, 60 In. Diam. 1 EA 7,500.00$ 7,500.00$ 6,200.00$ 6,200.00$ 5,825.00$ 5,825.00$ 8,200.00$ 8,200.00$ 4,500.00$ 4,500.00$ 6,700.00$ 6,700.00$ B24 7-05 Precast Concrete Drywell3 EA 12,000.00$ 36,000.00$ 9,000.00$ 27,000.00$ 8,100.00$ 24,300.00$ 15,000.00$ 45,000.00$ 9,500.00$ 28,500.00$ 15,300.00$ 45,900.00$ B25 7-05 Connection to Drainage Structure3 EA 1,500.00$ 4,500.00$ 1,700.00$ 5,100.00$ 3,135.00$ 9,405.00$ 2,100.00$ 6,300.00$ 600.00$ 1,800.00$ 3,300.00$ 9,900.00$ B26 7-05 Connection to Existing Drainage Pipe 4 EA 1,500.00$ 6,000.00$ 1,550.00$ 6,200.00$ 1,640.00$ 6,560.00$ 1,800.00$ 7,200.00$ 600.00$ 2,400.00$ 2,700.00$ 10,800.00$ B27 7-05 Adjust Manhole3 EA 800.00$ 2,400.00$ 695.00$ 2,085.00$ 645.00$ 1,935.00$ 1,200.00$ 3,600.00$ 1,100.00$ 3,300.00$ 900.00$ 2,700.00$ B28 7-09 Adjust Valve or Structure to Grade2 EA 750.00$ 1,500.00$ 485.00$ 970.00$ 1,275.00$ 2,550.00$ 1,200.00$ 2,400.00$ 1,100.00$ 2,200.00$ 900.00$ 1,800.00$ B29 8-01 Erosion Control and Water Pollution Prevention 1 LS 15,000.00$ 15,000.00$ 1,000.00$ 1,000.00$ 12,750.00$ 12,750.00$ 10,000.00$ 10,000.00$ 2,400.00$ 2,400.00$ 200.00$ 200.00$ B30 8-01 Inlet Protection20 EA 150.00$ 3,000.00$ 180.00$ 3,600.00$ 93.00$ 1,860.00$ 100.00$ 2,000.00$ 85.00$ 1,700.00$ 190.00$ 3,800.00$ B31 8-01 High Visibility Fence1060 LF 8.00$ 8,480.00$ 4.00$ 4,240.00$ 4.25$ 4,505.00$ 4.00$ 4,240.00$ 7.00$ 7,420.00$ 6.00$ 6,360.00$ B32 8-01 High Visibility Silt Fence670 LF 10.00$ 6,700.00$ 7.50$ 5,025.00$ 6.00$ 4,020.00$ 8.00$ 5,360.00$ 5.50$ 3,685.00$ 12.00$ 8,040.00$ B33 8-02 Property Restoration1 FA 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ B34 8-02 Topsoil Type A40 CY 95.00$ 3,800.00$ 80.00$ 3,200.00$ 54.50$ 2,180.00$ 100.00$ 4,000.00$ 500.00$ 20,000.00$ 272.00$ 10,880.00$ B35 8-02 Seeded Lawn Installation405 SY 6.00$ 2,430.00$ 5.00$ 2,025.00$ 2.00$ 810.00$ 2.00$ 810.00$ 2.00$ 810.00$ 5.00$ 2,025.00$ B36 8-02 Bark or Wood Chip Mulch15 CY 120.00$ 1,800.00$ 80.00$ 1,200.00$ 188.00$ 2,820.00$ 175.00$ 2,625.00$ 170.00$ 2,550.00$ 240.00$ 3,600.00$ B37 8-02 Rock Mulch105 CY 200.00$ 21,000.00$ 80.00$ 8,400.00$ 123.25$ 12,941.25$ 120.00$ 12,600.00$ 110.00$ 11,550.00$ 195.00$ 20,475.00$ B38 8-02 Weed Barrier Fabric1600 SY 7.00$ 11,200.00$ 2.50$ 4,000.00$ 3.10$ 4,960.00$ 4.00$ 6,400.00$ 3.00$ 4,800.00$ 5.00$ 8,000.00$ B39 8-02 Landscape Rocks47 EA 100.00$ 4,700.00$ 106.00$ 4,982.00$ 344.50$ 16,191.50$ 350.00$ 16,450.00$ 330.00$ 15,510.00$ 313.00$ 14,711.00$ B40 8-04 Cement Conc. Traffic Curb and Gutter 2460 LF 42.00$ 103,320.00$ 60.00$ 147,600.00$ 50.80$ 124,968.00$ 34.00$ 83,640.00$ 32.00$ 78,720.00$ 40.00$ 98,400.00$ B41 8-04 Cement Conc. Traffic Curb420 LF 45.00$ 18,900.00$ 90.00$ 37,800.00$ 44.00$ 18,480.00$ 56.00$ 23,520.00$ 55.00$ 23,100.00$ 65.00$ 27,300.00$ B42 8-04 Cement Conc. Pedestrian Curb120 LF 60.00$ 7,200.00$ 83.00$ 9,960.00$ 50.50$ 6,060.00$ 56.00$ 6,720.00$ 55.00$ 6,600.00$ 78.00$ 9,360.00$ B43 8-04 Cement Conc. Integral Curb120 LF 120.00$ 14,400.00$ 92.00$ 11,040.00$ 128.50$ 15,420.00$ 116.00$ 13,920.00$ 115.00$ 13,800.00$ 94.00$ 11,280.00$ B44 8-06 Cement Conc. Driveway Entrance Type 3 70 SY 110.00$ 7,700.00$ 192.00$ 13,440.00$ 169.00$ 11,830.00$ 120.00$ 8,400.00$ 110.00$ 7,700.00$ 130.00$ 9,100.00$ B45 8-06 Cement Conc. Driveway101 SY 100.00$ 10,055.38$ 184.00$ 18,584.00$ 169.00$ 17,069.00$ 115.00$ 11,615.00$ 110.00$ 11,110.00$ 144.00$ 14,544.00$ B46 8-12 Black Vinyl Coated Chain Link Fence 60 LF 100.00$ 6,000.00$ 106.00$ 6,360.00$ 53.00$ 3,180.00$ 130.00$ 7,800.00$ 160.00$ 9,600.00$ 240.00$ 14,400.00$ B47 8-13 Replace Monument and Monument Case and Cover 3 EA 1,500.00$ 4,500.00$ 595.00$ 1,785.00$ 1,360.00$ 4,080.00$ 3,000.00$ 9,000.00$ 2,000.00$ 6,000.00$ 600.00$ 1,800.00$ B48 8-14 Cement Concrete Sidewalk1610 SY 90.00$ 144,900.00$ 95.00$ 152,950.00$ 105.00$ 169,050.00$ 95.00$ 152,950.00$ 115.00$ 185,150.00$ 107.00$ 172,270.00$ B49 8-14 Cement Conc. Curb Ramp, Type Perpendicular A 8 EA 4,000.00$ 32,000.00$ 5,000.00$ 40,000.00$ 3,000.00$ 24,000.00$ 4,000.00$ 32,000.00$ 4,500.00$ 36,000.00$ 3,300.00$ 26,400.00$ B50 8-14 Cement Conc. Curb Ramp, Type Perpendicular A (3-Inch)6 EA4,000.00$ 24,000.00$ 5,000.00$ 30,000.00$ 3,000.00$ 18,000.00$ 4,000.00$ 24,000.00$ 4,500.00$ 27,000.00$ 3,300.00$ 19,800.00$ B51 8-14 Cement Conc. Curb Ramp, Type Parallel A8 EA4,000.00$ 32,000.00$ 5,000.00$ 40,000.00$ 3,200.00$ 25,600.00$ 5,000.00$ 40,000.00$ 5,500.00$ 44,000.00$ 4,700.00$ 37,600.00$ B52 8-14 Cement Conc. Curb Ramp, Type Parallel A (3-Inch)3 EA4,000.00$ 12,000.00$ 5,000.00$ 15,000.00$ 3,200.00$ 9,600.00$ 5,000.00$ 15,000.00$ 5,500.00$ 16,500.00$ 4,700.00$ 14,100.00$ B53 8-14 Cement Conc. Curb Ramp, Type Perpendicular B1 EA4,000.00$ 4,000.00$ 5,000.00$ 5,000.00$ 3,000.00$ 3,000.00$ 4,000.00$ 4,000.00$ 5,500.00$ 5,500.00$ 3,200.00$ 3,200.00$ B54 8-14 Cement Conc. Curb Ramp, Type Perpendicular B (3-inch)1 EA4,000.00$ 4,000.00$ 5,000.00$ 5,000.00$ 3,000.00$ 3,000.00$ 4,000.00$ 4,000.00$ 5,500.00$ 5,500.00$ 3,300.00$ 3,300.00$ B55 8-14 Cement Conc. Curb Ramp, Type Parallel B 5 EA4,000.00$ 20,000.00$ 5,000.00$ 25,000.00$ 3,000.00$ 15,000.00$ 5,000.00$ 25,000.00$ 5,500.00$ 27,500.00$ 4,700.00$ 23,500.00$ B56 8-14 Cement Conc. Thickened Edge Sidewalk520 LF50.00$ 26,000.00$ 107.00$ 55,640.00$ 160.50$ 83,460.00$ 65.00$ 33,800.00$ 115.00$ 59,800.00$ 90.00$ 46,800.00$ B57 8-14 Cement Conc. Ramp & Stair Assembly, Complete1 LS 12,000.00$ 12,000.00$ 14,000.00$ 14,000.00$ 36,500.00$ 36,500.00$ 50,000.00$ 50,000.00$ 40,000.00$ 40,000.00$ 37,000.00$ 37,000.00$ B58 8-18 Mailbox Relocation1 EA1,000.00$ 1,000.00$ 800.00$ 800.00$ 800.00$ 800.00$ 1,000.00$ 1,000.00$ 1.00$ 1.00$ 400.00$ 400.00$ B59 8-20 Sterling Illumination System Complete1 LS 583,000.00$ 583,000.00$ 440,000.00$ 440,000.00$ 472,350.00$ 472,350.00$ 450,000.00$ 450,000.00$ 570,000.00$ 570,000.00$ 534,000.00$ 534,000.00$ B60 8-20 Solar Powered RRFB System at 5th St NE & N Iowa Ave1 LS 32,000.00$ 32,000.00$ 27,350.00$ 27,350.00$ 29,420.00$ 29,420.00$ 28,000.00$ 28,000.00$ 38,000.00$ 38,000.00$ 33,000.00$ 33,000.00$ B61 8-20 AC Powered RRFB System at 5th St NE & N James Ave1 LS 37,000.00$ 37,000.00$ 25,800.00$ 25,800.00$ 27,750.00$ 27,750.00$ 27,000.00$ 27,000.00$ 30,000.00$ 30,000.00$ 32,000.00$ 32,000.00$ B62 8-20 Solar Powered RRFB System at 8th St NE & N James Ave1 LS 25,000.00$ 25,000.00$ 26,500.00$ 26,500.00$ 28,550.00$ 28,550.00$ 27,000.00$ 27,000.00$ 37,000.00$ 37,000.00$ 32,000.00$ 32,000.00$ B63 8-20 Solar Powered School Zone Flashing Assembly at 5th St NE & N Grover Pl1 LS 15,000.00$ 15,000.00$ 17,200.00$ 17,200.00$ 18,525.00$ 18,525.00$ 18,000.00$ 18,000.00$ 18,000.00$ 18,000.00$ 21,000.00$ 21,000.00$ B64 8-20 Relocation of Existing Solar Powered Flashing Assemblies1 LS7,000.00$ 7,000.00$ 3,200.00$ 3,200.00$ 3,490.00$ 3,490.00$ 3,500.00$ 3,500.00$ 11,000.00$ 11,000.00$ 4,000.00$ 4,000.00$ B65 8-21 Permanent Signing1 LS 30,000.00$ 30,000.00$ 27,850.00$ 27,850.00$ 23,120.00$ 23,120.00$ 25,000.00$ 25,000.00$ 26,000.00$ 26,000.00$ 27,000.00$ 27,000.00$ B66 8-22 Paint Line9840 LF2.00$ 19,680.00$ 0.25$ 2,460.00$ 0.30$ 2,952.00$ 0.30$ 2,952.00$ 0.25$ 2,460.00$ 1.30$ 12,792.00$ B67 8-22 Plastic Stop Line110 LF25.00$ 2,750.00$ 19.00$ 2,090.00$ 21.25$ 2,337.50$ 20.00$ 2,200.00$ 18.00$ 1,980.00$ 20.00$ 2,200.00$ B68 8-22 Plastic Crosswalk Line2540 SF15.00$ 38,100.00$ 13.00$ 33,020.00$ 14.35$ 36,449.00$ 14.00$ 35,560.00$ 12.50$ 31,750.00$ 13.00$ 33,020.00$ B69 8-22 Plastic Traffic Arrow2 EA300.00$ 600.00$ 400.00$ 800.00$ 443.00$ 886.00$ 400.00$ 800.00$ 375.00$ 750.00$ 650.00$ 1,300.00$ B70 8-22 Plastic Bicycle Lane Symbol26 EA300.00$ 7,800.00$ 260.00$ 6,760.00$ 290.00$ 7,540.00$ 270.00$ 7,020.00$ 245.00$ 6,370.00$ 450.00$ 11,700.00$ B71 8-22 Plastic Speed Bump Symbol6 EA300.00$ 1,800.00$ 186.00$ 1,116.00$ 207.00$ 1,242.00$ 200.00$ 1,200.00$ 175.00$ 1,050.00$ 320.00$ 1,920.00$ B72 8-22 Removing Conflicting Pavement Markings1 LS 10,000.00$ 10,000.00$ 32,500.00$ 32,500.00$ 36,500.00$ 36,500.00$ 35,000.00$ 35,000.00$ 30,720.00$ 30,720.00$ 29,000.00$ 29,000.00$ B73 8-23 Temporary Pavement Markings1 LS1,500.00$ 1,500.00$ 5,300.00$ 5,300.00$ 5,750.00$ 5,750.00$ 2,500.00$ 2,500.00$ 5,000.00$ 5,000.00$ 4,500.00$ 4,500.00$ B74 8-26 Utility Potholing20 EA650.00$ 13,000.00$ 685.00$ 13,700.00$ 800.00$ 16,000.00$ 800.00$ 16,000.00$ 180.00$ 3,600.00$ 1,000.00$ 20,000.00$ 2,922,376.38$ 2,171,328.00$ 2,643,485.75$ 2,757,083.00$ 2,926,618.00$ 2,734,598.00$ SCHEDULE B - Sterling Intermediate Safe Routes to School Engineer Estimate JOHANSEN CONSTRUCTION PIPKIN CONSTRUCTION SELLAND CONSTRUCTION HURST CONSTRUCTIONTOTAL SCHEDULE BExhibit A06-20-2023 City Council Agenda Packet Page 174 of 200
City of East WenatcheeBid Opening: 1:00 PM, Friday, May 5, 2023Kenroy and Sterling SRTS Project - TA 6786Bid Tabulation Prepared: Monday, May 8, 2023BID TABULATIONHURST CONSTRUCTIONEngineer's EstimateACTIVE CONSTRUCTION INC(Apparent Low Bid)JOHANSEN CONSTRUCTION PIPKIN CONSTRUCTION SELLAND CONSTRUCTIONNo. Sect.ItemQty Unit Unit CostTotalUnit CostTotalUnit CostTotalUnit CostTotalUnit CostTotalUnit CostTotalC1 1-04 Minor Change1 EST 1.00$ 1.00$ 1.00$ 1.00$ 1.00$ 1.00$ 1.00$ 1.00$ 1.00$ 1.00$ **C2 1-05 Domestic Water Utility Surveying1 LS 10,000.00$ 10,000.00$ 4,250.00$ 4,250.00$ 6,675.00$ 6,675.00$ 5,000.00$ 5,000.00$ 8,500.00$ 8,500.00$ -$ C3 1-05 Record Drawings (Minimum Bid $2,000) 1 LS 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ -$ C4 1-09 Mobilization1 LS 55,000.00$ 55,000.00$ 1,000.00$ 1,000.00$ 5,000.00$ 5,000.00$ 103,000.00$ 103,000.00$ 15,000.00$ 15,000.00$ -$ C5 1-10 Project Temporary Traffic Control1 LS 38,746.00$ 38,746.00$ 1,000.00$ 1,000.00$ 63,350.00$ 63,350.00$ 101,000.00$ 101,000.00$ 80,000.00$ 80,000.00$ -$ C6 1-10 Pedestrian Traffic Control1 LS 15,000.00$ 15,000.00$ 1,850.00$ 1,850.00$ 6,150.00$ 6,150.00$ 4,100.00$ 4,100.00$ 6,000.00$ 6,000.00$ -$ C7 2-03 Roadway Excavation Incl. Haul265 CY 42.00$ 11,135.96$ 43.50$ 11,527.50$ 116.50$ 30,872.50$ 150.00$ 39,750.00$ 200.00$ 53,000.00$ -$ C8 4-04 Crushed Surfacing Top Course592 TN 50.00$ 29,600.00$ 35.00$ 20,720.00$ 37.00$ 21,904.00$ 70.00$ 41,440.00$ 63.00$ 37,296.00$ -$ C9 5-04 HMA Cl. 1/2" PG 64-28544 TN 170.00$ 92,401.99$ 127.00$ 69,088.00$ 132.50$ 72,080.00$ 127.00$ 69,088.00$ 220.00$ 119,680.00$ -$ C10 7-08 Casing Sleeve132 LF 100.00$ 13,200.00$ 185.00$ 24,420.00$ 460.00$ 60,720.00$ 200.00$ 26,400.00$ 225.00$ 29,700.00$ -$ C11 7-08 Shoring or Extra Trench Excavation1 LS 4,000.00$ 4,000.00$ 4,500.00$ 4,500.00$ 1.00$ 1.00$ 5,000.00$ 5,000.00$ 1.00$ 1.00$ -$ C12 7-09 Ductile Iron Water Pipe for Water Main, 4 In. Diam. 51 LF 65.00$ 3,315.00$ 107.00$ 5,457.00$ 157.00$ 8,007.00$ 52.00$ 2,652.00$ 90.00$ 4,590.00$ -$ C13 7-09 Ductile Iron Water Pipe for Water Main, 6 In. Diam. 113 LF80.00$ 9,040.00$ 115.00$ 12,995.00$ 125.20$ 14,147.60$ 43.00$ 4,859.00$ 98.00$ 11,074.00$ -$ C14 7-09 Ductile Iron Water Pipe for Water Main, 8 In. Diam. 595 LF100.00$ 59,500.00$ 126.00$ 74,970.00$ 198.50$ 118,107.50$ 150.00$ 89,250.00$ 128.00$ 76,160.00$ -$ C15 7-09 Ductile Iron Water Pipe for Water Main, 12 In. Diam. 1350LF120.00$ 162,000.00$ 90.00$ 121,500.00$ 202.65$ 273,577.50$ 110.00$ 148,500.00$ 180.00$ 243,000.00$ -$ C16 7-09 Connection to Existing at N. Kansas (North)1 LS8,000.00$ 8,000.00$ 9,395.00$ 9,395.00$ 4,630.00$ 4,630.00$ 7,000.00$ 7,000.00$ 6,000.00$ 6,000.00$ -$ C17 7-09 Connection to Existing at N Kansas (South)1 LS8,000.00$ 8,000.00$ 8,900.00$ 8,900.00$ 4,385.00$ 4,385.00$ 12,000.00$ 12,000.00$ 5,200.00$ 5,200.00$ -$ C18 7-09 Connection to Existing at N. Keller1 LS 12,000.00$ 12,000.00$ 11,000.00$ 11,000.00$ 6,485.00$ 6,485.00$ 14,000.00$ 14,000.00$ 8,000.00$ 8,000.00$ -$ C19 7-09 Connection to Existing at Kent Terrace1 LS8,000.00$ 8,000.00$ 11,500.00$ 11,500.00$ 4,590.00$ 4,590.00$ 5,000.00$ 5,000.00$ 3,400.00$ 3,400.00$ -$ C20 7-09 Connection to Existing at N. Kentucky Ave1 LS8,000.00$ 8,000.00$ 9,150.00$ 9,150.00$ 7,975.00$ 7,975.00$ 12,000.00$ 12,000.00$ 9,300.00$ 9,300.00$ -$ C21 7-09 Connection to Existing at 6th Pl NE1 LS8,000.00$ 8,000.00$ 9,450.00$ 9,450.00$ 4,590.00$ 4,590.00$ 7,000.00$ 7,000.00$ 3,400.00$ 3,400.00$ -$ C22 7-09 Connection to Existing at N. Jonathan Ave1 LS8,000.00$ 8,000.00$ 10,500.00$ 10,500.00$ 4,590.00$ 4,590.00$ 7,000.00$ 7,000.00$ 3,400.00$ 3,400.00$ -$ C23 7-09 Abandonment/Removal of Terminated Water Facilities1 LS 15,000.00$ 15,000.00$ 24,500.00$ 24,500.00$ 13,800.00$ 13,800.00$ 30,000.00$ 30,000.00$ 8,300.00$ 8,300.00$ -$ C24 7-09 Bid Schedule C - Domestic Water Improvements Guarantee1 LS2,000.00$ 2,000.00$ 2,950.00$ 2,950.00$ 1.00$ 1.00$ 2,500.00$ 2,500.00$ 500.00$ 500.00$ -$ C25 7-12 Gate Valve, 4 In.3 EA2,000.00$ 6,000.00$ 1,500.00$ 4,500.00$ 2,425.00$ 7,275.00$ 1,600.00$ 4,800.00$ 1,700.00$ 5,100.00$ 2,150.00$ 6,450.00$ C26 7-12 Gate Valve, 8 In.8 EA2,500.00$ 20,000.00$ 2,450.00$ 19,600.00$ 3,420.00$ 27,360.00$ 2,500.00$ 20,000.00$ 3,500.00$ 28,000.00$ 3,600.00$ 28,800.00$ C27 7-12 Gate Valve, 12 In.9 EA4,000.00$ 36,000.00$ 4,150.00$ 37,350.00$ 5,200.00$ 46,800.00$ 5,000.00$ 45,000.00$ 5,600.00$ 50,400.00$ 5,950.00$ 53,550.00$ C28 7-12 Comb. Air Release/Air Vacuum Valve Assembly, 2 In.2 EA5,000.00$ 10,000.00$ 8,000.00$ 16,000.00$ 5,615.00$ 11,230.00$ 9,000.00$ 18,000.00$ 7,700.00$ 15,400.00$ 6,400.00$ 12,800.00$ C29 7-12 Large Pressure Reducing Station1 LS 60,000.00$ 60,000.00$ 39,500.00$ 39,500.00$ 32,430.00$ 32,430.00$ 55,000.00$ 55,000.00$ 56,000.00$ 56,000.00$ 59,000.00$ 59,000.00$ C30 7-12 Small Pressure Reducing Station1 LS5,000.00$ 5,000.00$ 7,850.00$ 7,850.00$ 6,100.00$ 6,100.00$ 6,500.00$ 6,500.00$ 10,000.00$ 10,000.00$ 7,000.00$ 7,000.00$ C31 7-12 Adjust Valve Box25 EA600.00$ 15,000.00$ 480.00$ 12,000.00$ 400.00$ 10,000.00$ 1,200.00$ 30,000.00$ 450.00$ 11,250.00$ 800.00$ 20,000.00$ C32 7-14 Hydrant Assembly4 EA 12,000.00$ 48,000.00$ 9,370.00$ 37,480.00$ 9,600.00$ 38,400.00$ 11,000.00$ 44,000.00$ 9,000.00$ 36,000.00$ 13,000.00$ 52,000.00$ C33 7-14 Hydrant Guard Post3 EA500.00$ 1,500.00$ 625.00$ 1,875.00$ 781.00$ 2,343.00$ 1,200.00$ 3,600.00$ 500.00$ 1,500.00$ 700.00$ 2,100.00$ C34 7-15 Service Connection 5/8 x 3/4 In. Diam.7 EA5,000.00$ 35,000.00$ 3,600.00$ 25,200.00$ 3,160.00$ 22,120.00$ 6,000.00$ 42,000.00$ 4,400.00$ 30,800.00$ 7,700.00$ 53,900.00$ C35 7-15 Double Service Connection 5/8 x 3/4 In. Diam.2 EA6,000.00$ 12,000.00$ 5,000.00$ 10,000.00$ 3,175.00$ 6,350.00$ 6,500.00$ 13,000.00$ 5,100.00$ 10,200.00$ 8,300.00$ 16,600.00$ C36 7-15 Service Connection 2 In. Diam.1 EA6,000.00$ 6,000.00$ 7,450.00$ 7,450.00$ 4,825.00$ 4,825.00$ 7,700.00$ 7,700.00$ 6,000.00$ 6,000.00$ 12,200.00$ 12,200.00$ C37 7-15 Reconnect 1.5 In. Diam. Service Connection1 EA2,000.00$ 2,000.00$ 3,450.00$ 3,450.00$ 2,935.00$ 2,935.00$ 2,500.00$ 2,500.00$ 1,500.00$ 1,500.00$ 2,400.00$ 2,400.00$ C38 7-15 Spare Service Connection1 EA2,500.00$ 2,500.00$ 4,600.00$ 4,600.00$ 3,545.00$ 3,545.00$ 4,500.00$ 4,500.00$ 3,300.00$ 3,300.00$ 7,200.00$ 7,200.00$ C39 7-15 Service Line, 1.5 In. Diam283 LF35.00$ 9,905.00$ 44.00$ 12,452.00$ 16.75$ 4,740.25$ 6.00$ 1,698.00$ 19.00$ 5,377.00$ 60.00$ 16,980.00$ C40 7-15 Temporary Water Service1 LS2,500.00$ 2,500.00$ 4,400.00$ 4,400.00$ 3,550.00$ 3,550.00$ 2,000.00$ 2,000.00$ 3,600.00$ 3,600.00$ 4,500.00$ 4,500.00$ C41 7-15 Sampling Station1 LS5,000.00$ 5,000.00$ 4,700.00$ 4,700.00$ 8,125.00$ 8,125.00$ 6,500.00$ 6,500.00$ 5,900.00$ 5,900.00$ 6,100.00$ 6,100.00$ C42 7-15 Double Check Valve Assembly1 LS4,000.00$ 4,000.00$ 4,950.00$ 4,950.00$ 3,625.00$ 3,625.00$ 3,500.00$ 3,500.00$ 2,500.00$ 2,500.00$ 7,900.00$ 7,900.00$ C43 8-14 Cement Conc. Curb Ramp, Single Direction1 EA4,000.00$ 4,000.00$ 5,000.00$ 5,000.00$ 3,460.00$ 3,460.00$ 4,500.00$ 4,500.00$ 6,900.00$ 6,900.00$ 3,600.00$ 3,600.00$ C44 8-26 Utility Potholing for New Water Mains54 EA650.00$ 35,100.00$ 640.00$ 34,560.00$ 800.00$ 43,200.00$ 800.00$ 43,200.00$ 180.00$ 9,720.00$ 1,000.00$ 54,000.00$ 901,444.95$ 745,540.50$ 1,022,052.35$ 1,096,538.00$ 1,032,949.00$ 427,080.00$ 76,622.82$ 63,370.94$ 86,874.45$ 93,205.73$ 87,800.67$ 36,301.80$ 978,067.77$ 808,911.44$ 1,108,926.80$ 1,189,743.73$ 1,120,749.67$ 463,381.80$ No. Sect.ItemQty Unit Unit CostTotalUnit CostTotalUnit CostTotalUnit CostTotalUnit CostTotalUnit CostTotalD1 1-04Minor Change1 EST 1.00$ 1.00$ 1.00$ 1.00$ 1.00$ 1.00$ 1.00$ 1.00$ 1.00$ 1.00$ 1.00$ 1.00$ D2 2-02 Removal of Structures and Obstructions 1 LS 500.00$ 500.00$ 1,000.00$ 1,000.00$ 2,120.00$ 2,120.00$ 6,000.00$ 6,000.00$ 2,000.00$ 2,000.00$ 5,600.00$ 5,600.00$ D3 2-03 Roadway Excavation Incl. Haul25 CY 42.00$ 1,059.83$ 50.00$ 1,250.00$ 39.50$ 987.50$ 250.00$ 6,250.00$ 100.00$ 2,500.00$ 131.00$ 3,275.00$ D4 4-04 Crushed Surfacing Top Course62 TN 45.00$ 2,778.98$ 43.50$ 2,697.00$ 50.00$ 3,100.00$ 80.00$ 4,960.00$ 60.00$ 3,720.00$ 133.00$ 8,246.00$ D5 5-04 HMA Cl. 1/2" PG 64-2814 TN 170.00$ 2,329.61$ 230.00$ 3,220.00$ 230.00$ 3,220.00$ 215.00$ 3,010.00$ 220.00$ 3,080.00$ 250.00$ 3,500.00$ D6 8-01 High Visibility Fence140 LF 8.00$ 1,120.00$ 5.50$ 770.00$ 4.25$ 595.00$ 4.00$ 560.00$ 6.00$ 840.00$ 8.40$ 1,176.00$ D7 8-02 Rock Mulch7 CY 200.00$ 1,416.67$ 80.00$ 560.00$ 123.25$ 862.75$ 120.00$ 840.00$ 120.00$ 840.00$ 350.00$ 2,450.00$ D8 8-02 Weed Barrier Fabric85 SY 7.00$ 595.00$ 2.50$ 212.50$ 3.10$ 263.50$ 4.00$ 340.00$ 3.00$ 255.00$ 11.00$ 935.00$ D9 8-04 Cement Conc. Traffic Curb and Gutter 181 LF 45.00$ 8,145.00$ 92.00$ 16,652.00$ 50.00$ 9,050.00$ 34.00$ 6,154.00$ 30.00$ 5,430.00$ 50.00$ 9,050.00$ D10 8-06 Cement Conc. Driveway Entrance Type 2 37 SY 90.00$ 3,330.00$ 205.00$ 7,585.00$ 169.00$ 6,253.00$ 130.00$ 4,810.00$ 140.00$ 5,180.00$ 118.00$ 4,366.00$ D11 8-14 Cement Concrete Sidewalk145 SY 90.00$ 13,030.00$ 95.00$ 13,775.00$ 105.00$ 15,225.00$ 95.00$ 13,775.00$ 115.00$ 16,675.00$ 103.00$ 14,935.00$ D12 8-12 Replace Chain Link Fence268 LF 20.00$ 5,360.00$ 80.00$ 21,440.00$ 58.00$ 15,544.00$ 73.00$ 19,564.00$ 85.00$ 22,780.00$ 94.00$ 25,192.00$ D13 8-20 Kansas Ave. Illumination System Complete Sta 300+75 1 LS 34,000.00$ 34,000.00$ 60,000.00$ 60,000.00$ 65,050.00$ 65,050.00$ 63,000.00$ 63,000.00$ 35,000.00$ 35,000.00$ 74,000.00$ 74,000.00$ D14 8-22 Painted Curb160 LF 5.00$ 800.00$ 4.50$ 720.00$ 5.30$ 848.00$ 5.00$ 800.00$ 5.00$ 800.00$ 13.00$ 2,080.00$ D15 8-26 Coordination of Utility Relocation1 LS 15,000.00$ 15,000.00$ 128.00$ 128.00$ 1,000.00$ 1,000.00$ 3,500.00$ 3,500.00$ 1,500.00$ 1,500.00$ 600.00$ 600.00$ D168-26 Resolution of Utility Conflicts1FA15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 104,466.08$ 145,010.50$ 139,119.75$ 148,564.00$ 115,601.00$ ***170,406.00$ 7,072,016.37$ 6,723,723.00$ *7,072,170.55$ 7,149,994.73$ 7,208,641.00$ 7,286,625.80$ Error Corrections*Bidder: Johansen Construction. Entered amount for "Total Schedule A Bid" was $3,173,818.25. Corrected "Total Schedule A Bid" is as shown. Corrected "Total Bid (Sch A + Sch B + Sch C + Sch D)" is as shown.**Bidder: Hurst Construction. Missing sheet p‐11 of the Bid Proposal.***Bidder: Hurst Construction. Entered amount for "Total Schedule D Bid" was $170,405.00. Corrected "Total Schedule D Bid" is as shown.SCHEDULE C - East Wenatchee Water District Domestic Water Improvements Engineer Estimate JOHANSEN CONSTRUCTION PIPKIN CONSTRUCTIONTOTAL SCHEDULE DTotal Estimated Construction Cost (Schedule A + B + C + D)HURST CONSTRUCTIONSUBTOTAL SCHEDULE C8.5% TAX (SCHEDULE C)TOTAL SCHEDULE CEngineer Estimate JOHANSEN CONSTRUCTION PIPKIN CONSTRUCTION SELLAND CONSTRUCTION HURST CONSTRUCTIONSELLAND CONSTRUCTIONSCHEDULE D - Locally Funded ImprovementsExhibit A06-20-2023 City Council Agenda Packet Page 175 of 200
East Wenatchee
Council Agenda Bill
To: Mayor and Council
From/Presenter: Trina Elmes, Events Director/PIO
Subject: East Wenatchee Events Board Funding Recommendation
Date: June 20, 2023
I.Summary Title:
Lodging Tax Request, up to $10,000, for Darling Productions Washington State Swap Meet,
September 8-10, 2023.
II.Background/History:
This is a brand new 3-day-long event at which enthusiasts or collectors travel to trade,
exchange, sell and purchase previously owned, refurbished or upcycled goods. It is
projected to bring in around 1,000 people each day of the event and their marketing
efforts will be heavily focused on a bringing people from all over the state and Idaho,
Oregon and Canada. With this being the first year of the event, Darling Productions is
looking at having over 100 vendors, most of which will come from out of the area.
III. Recommended Action:
Authorize the Mayor to sign an agreement for an amount not to exceed of $10,000, as
presented in Exhibit 3.
IV.Exhibits:
1.East Wenatchee Events Board, June 7, 2023, Meeting Minutes.
2.Darling Productions Application for Tourism Promotion Grant Application.
3.Darling Productions Grant Agreement.
Financial Data
Expenditure Required Amount Budgeted Appropriation Required
$10,000 $10,000 No
City of
06-20-2023 City Council Agenda Packet
Page 176 of 200
CITY OF EAST WENATCHEE
EVENTS DEPARTMENT
(509) 886-6108 | EastWenatcheeWa.gov
271 9th St. NE, East Wenatchee, WA
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact
the Events Department at (509) 886-6108 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make
reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1).
EAST WENATCHEE EVENTS BOARD
BOARD MEETING MINUTES
June 7, 2023 | 3:00PM
Attendees Councilmember Rob Tidd, Michael Machado, Jason Heinz, Supattra Winger, Brent
Schmitten, Events Assistant Natalie Daggett and Events Director/PIO Trina Elmes.
Guests Ashley Sinner (WVCC), Nikki Marra (Darling Productions)
Location Eastmont Community Center
230 N. Georgia Ave, East Wenatchee, WA 98802
Roll Call/Introductions
Public Comment None
Minutes The May 3, 2023 minutes were reviewed.
Michael Machado motioned to accept the minutes and Brent Schmitten
seconded the motion. Motion carried (4-0).
Financials The financial documents were reviewed.
Event Update Natalie Daggett was introduced as the new Events Assistant.
Pangborn’s Festival of Flight is scheduled for July 8, 2023. There will be a Big Band Dinner
& Dance on July 7 to bring more heads to beds and proceeds benefit the Spirit of
Wenatchee’s Aviation Scholarship.
Havana Nights is scheduled for August 12, 2023.
Tourism Darling Productions – Washington State Swap Meet
Grants Darling Productions is requesting a total of $15,000 for the new Washington State Swap
Meet, September 8-10, 2023. Nikki Marra talked about her application and answered
questions.
Jason Heins motioned to approve Darling Production’s Grant Application in the
amount of $5,000 with an additional $100 per vendor that comes from 50 or
more miles away for Washington State Swap Meet, September 8-10, 2023.
Michael Machado seconded the motion. Motion carried (4-0).
City of East Wenatchee – Event Software & Sound System
The City of East Wenatchee is requesting a total of $10,000 for event software and a sound
system for City events. Events Director/PIO Trina Elmes talked about her application and
answered questions.
Michael Machado motioned to approve the City of East Wenatchee’s Grant
Application in the amount of $10,000 for Event Software & Sound System. Jason
Heinz seconded the motion. Motion carried (4-0).
CALL TO ORDER 3:10 PM
Exhibit 1
06-20-2023 City Council Agenda Packet
Page 177 of 200
CITY OF EAST WENATCHEE
EVENTS DEPARTMENT
(509) 886-6108 | EastWenatcheeWa.gov
271 9th St. NE, East Wenatchee, WA
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact
the Events Department at (509) 886-6108 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make
reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1).
Hotelier Supattra Winger gave an update on how the Cedars Inn has been doing this year.
Update
WVCC Update Ashley Sinner, gave an update on the Wenatchee Valley Chamber of Commerce.
Other None
Next Meeting August 2, 3:00pm
Eastmont Parks & Recreation’s Community Center
230 N. Georgia Ave, East Wenatchee, WA 98802
O ORDER
Attest: Rob Tidd, Councilmember
Trina Elmes, Events Director/PIO
ADJOURN 4:21 PM
Exhibit 1
06-20-2023 City Council Agenda Packet
Page 178 of 200
Print
Amount of Lodging Tax Requested*
15,000
Federal Tax ID #*
60-5651179
Organization/Agency Name*
Darling Productions LLC C Corporation
Government
Limited Liability
Company
Partnership
S Corporation
Sole Proprietor
Other
Type of Organization*Please List*
Activity Name*
Washington State Swap Meet
Proposed Start Date of
Activity*
Proposed End Date of
Activity*
First Name*
Nikki
Last Name*
Darling
Title*
Owner/Operator
Primary Phone*
973-557-0079
Cell Phone Email*
Nikki@darlingproductionsllc.com
Mailing Address*
1001 N. Dolfay Ln.
Tourism Promotion Grant - Submission #1622
Date Submitted: 5/31/2023
9/8/2023 9/10/2023
Exhibit 2
06-20-2023 City Council Agenda Packet
Page 179 of 200
City*
E Wenatchee
State*
WA
Zip Code*
98802
Operation of a Special Event/Festival, Designed to Attract Tourists
Operation of a Tourism Promotion Agency
Operation of a Tourism-Related Facility
Tourism Promotion/Marketing
Service Category (Check All That Apply)
Section I - General Information
Yes
No
Is this a new Activity?*
Yes
No
Are you requesting/using other
City funds for this Activity?*
How many years has this activity
existed?
Proposed Location of Activity*
Eastmont Community 4-Plex
Short Description of the Activity*
A 3-day-long gathering at which enthusiasts or collectors travel to trade, exchange, sell and purchase previously owned,
refurbished or upcycled goods.
Describe the Prior Success of Your Activity*
Although this is the first year for this particular event, there is a precedence set in other areas in the Pacific Northwest,
bringing tourism to otherwise remote areas of Washington State. Furthermore, a large-scale swap meet/flea market event
used to be held in Wenatchee successfully to much success, however has not been running for over a decade.
Describe Your Target Audience*
The Washington State Swap Meet is meant to attract vendors and consumers from all over the region. From yard sellers,
antiquers, crafters, upcyclers, artisans, and the more enthusiastic collectors. The event will be family friendly and appealing to
both men and women of all ages. Data also shows that there are ways to make swap meets more inclusive for the Hispanic
community as well.
Describe How You Will Promote Lodging Establishments, Restaurants and Businesses Located in the City of East
Wenatchee*
The website will have a "Where to Stay/Eat" section. This will highlight the local East Wenatchee lodging establishments and if
they are offering any deals for the weekend lodgers. The same will apply to the local restaurants. The event itself will open to
local food trucks to apply to be a vendor.
Exhibit 2 06-20-2023 City Council Agenda Packet
Page 180 of 200
Budget for Activity*
Swap Meet Budget.pdf
Allowed types: .gif, .jpg, .jpeg, .png,
.doc, .docx, .xls, .xlsx, .rtf, .pdf, .txt
What costs will the Tourism Promotion Grant cover?*
Marketing/Promotion
What organization and staffing do you have to support this activity?*
Darling Productions LLC
City of East Wenatchee
East Wenatchee Parks & Rec
Wenatchee High School Tech Club
Yes
No
Does your organization have a current City of East Wenatchee Business License?*
Note: A grant recipient must obtain a business license. Business license information can be found on the City's
website under the Business tab on its homepage.
Full Description of the Activity. Expand from the above questions, such as: what it is you wish to do; the tangible and
intangible benefits to the community; visitor impact; and how you will evaluate the success of the project.*
Swap meets (or flea markets) are often the heart and of a community. They serve as common ground where people can easily
interact with one another and a place where social and economic activity truly come alive. Swap meets are the perfect venue
for collectors, antique aficionados, crafters, artisans, and entrepreneurs to test out their products and where members of the
public can gather to buy or swap goods, demonstrating that these types of markets directly benefit the producers, consumers,
and the wider community.
The Washington State Swap Meet will be an important space for connection and local economic development. The
connections that are made between buyers and sellers will promote a sense of place which is a crucial component for
individuals to feel anchored within their own communities. Establishing this feeling is important as individuals become more
likely to continue circulating their money within the region. Here are a few more ways the Washington State Swap Meet will
help the local economy:
•Profits to Small Business Owners: An opportunity for local sellers to gain exposure to a larger demographic of buyer. The
Washington State Swap Meet will allow owners to incubate their businesses, create and test their products with immediate
feedback and help them earn a reliable income. Additionally, selling goods directly to the consumer allows owners to claim the
entire selling price without having to invest in a storefront, distribution, or middleman.
•Swap Meets have a significant positive impact on the environment: By giving another purpose to an object someone no
longer uses, any actor involved in a flea market also indirectly puts an emphasis on the value that object still has. It reassigns
meaning to something that did not look as if it could have any meaning anymore. It may no longer be useful for the person
who once kept it, but it can still play a role in other people’s life. In so doing, vendors and buyers basically allow for the
development of a sustainable consumption model that focuses on repurposing rather than meaningless disposal and pollution.
•Encourages Travel and Tourism: Thriving flea markets often motivate shoppers, diners and lodgers to visit and stay the
area which in turn, benefits neighboring businesses and stimulates the development of local downtown areas. This economic
spillover effect circulates money within the region, providing economic stability.
In addition to helping the local economy, swap meets also offer other benefits such as providing people with alternative (and
sometimes healthier) food options, enhancing community image, and improving the overall quality of life.
How will you advertise, publicize or otherwise distribute information regarding your activity?*
Marketing and promotions are our specialty!
Traditional media like radio, TV, newspaper, flyers, direct mail, and email.
Non-traditional media such as digital advertising, podcasting, social media, text message marketing.
Merchandise: t-shirts, totes, stickers, bags (mostly upcycled goods if we can)
Exhibit 2 06-20-2023 City Council Agenda Packet
Page 181 of 200
Section II - Projected Tourism Benefit
RCW 67.28 provides authority for cities and counties to use lodging tax for tourism promotion to attract visitors and
encourage tourism expansion. State law also details certain reporting requirements for jurisdictions that levy a lodging tax.
Each agency awarded East Wenatchee lodging tax funds will be required to submit a Tourism Funding Expenditure Report
Worksheet to the City with detailed actual information at the conclusion of their tourism promotion activities. Provide an
estimated number of participants, who will attend your Activity, in each of the following categories:
Overall Attendance at the
Event/Activity*
3000
Travel More Than 50 Miles*
1500
Travel from Another State/Country*
500
Travel More Than 50 Miles and Stay over Night in the
Wenatchee Valley*
1000
Of the People Staying Overnight, the Number of People
Who Will Stay in Paid Accommodations*
1000
Number of Paid Lodging Room Nights, Resulting from Your
Proposed Activity*
1000
Lodging Impact*
$250,000
Explain How You Calculated the Previous Estimates*
This is the first year of this event. It is a conservative estimate that there will be about 1,000 people in attendance each day,
not including vendors (who will also travel from out of the region/state to participate in this event). 50 miles reaches our
immediate area, and since our marketing efforts will be heavily focused on outside the area, we estimate that half our
attendees will travel in from outside a 50 mile radius, with a third of those coming in from out of state. It is estimated that those
traveling will need accommodations either in hotels, motels, or camping lodgings for the three-day event. We estimated that
some visitors will only travel for the day, which the numbers reflect.
Data shows that the average hotel room rate in September in East Wenatchee is $125 per night. If 1,000 out of town visitors
stay an average of 2 nights the lodging impact is listed above.
How will you collect and verify the above information for your Activity?*
Data collected on travel and tourism in the City of East Wenatchee.
Clicker counter at front gate
Section III - Evaluation Criteria
State law defines Tourism Promotion as: “Activities and expenditures designed to increase tourism, including but not limited
to advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists;
developing strategies to expand tourism; operating tourism promotion agencies; and funding marketing and operations of
special events and festivals designed to attract tourists.”
Exhibit 2 06-20-2023 City Council Agenda Packet
Page 182 of 200
Meets the definition for Tourism Promotion
Promotes a positive image for East Wenatchee
Promotes East Wenatchee as a "Destination"
Attracts visitors, builds new audiences and encourages tourist expansion
Increases awareness of East Wenatchee’s amenities, history, facilities, and natural environment
Supports "Regional Tourism" planning
Tourism Promotion Funding Criteria (Check All Boxes That Apply)
Benefits the citizens of East Wenatchee
Benefits the overall Community, rather than a specific segment or interest
Benefit to the Community (Check All Boxes That Apply)
Moves an existing program in a new direction
Unusual or unique
Innovation (Check All Boxes That Apply)
Broad-based Community appeal or support
Evidence of need for this Activity
Community Support (Check All Boxes That Apply)
Exhibits a degree of Partnership
Volunteer involvement, inter-jurisdictional, corporate, business and/or civic
organization support
Evidence of Partnerships (Check All Boxes That Apply)
Multiple revenue sources to support this Activity
This is the only funding source
Funding Sources (Check All Boxes That Apply)
Request is for a new Activity
Request is to continue or expand an on-going Activity
Previous & Replacement Funding (Check All Boxes That Apply)
Activity is of a scale that is suitable for this funding program
Scale of Project (Check All Boxes That Apply)
How does your Activity meet the above Tourism Promotion funding criteria?*
This is a new event for the City of East Wenatchee to promote tourism from outside the region. It will encourage visitors to eat,
stay, play in our City during the weekend of the event. It includes volunteer involvement, a degree of partnership with other
organizations, multiple revenue sources, and has a broad based community appeal.
Exhibit 2 06-20-2023 City Council Agenda Packet
Page 183 of 200
Section IV - Signature of Applicant
I attest the information in this application is accurate, that I am an agent authorized to represent the Organization and I
understand the funds requested, if granted, will go to the Organization. I have contacted the City of East Wenatchee and will
meet all necessary requirements including, but not limited to, insurance, business licensing, permitting and state reporting
requirements. If my activity is funded, I agree to use the approved East Wenatchee logo in all promotional material. I
understand the Washington State limitations placed on use of the Lodging Taxes, and certify that the requested funds will be
used only for purposes described in this application or as approved by the City of East Wenatchee. I understand use of funds
is subject to audit by the State of Washington. I acknowledge that all of the contents of this application are subject to
disclosure under the Washington State Public Records Act, RCW 42.56, and that the application will be discussed in meetings
of the East Wenatchee Events Board, which acts as the Lodging Tax Advisory Committee, that are open to the public under
RCW 42.30.
I understand:
I am proposing a tourism-related service. If awarded, my organization will enter into a Municipal Services Contract with
the City and will provide liability insurance for the duration of the Contract. The insurance will name the City as an
additional insured and in the policy will be in an amount to be determined by the City of East Wenatchee. The City of
East Wenatchee will only reimburse those costs actually incurred by my organization/agency. Reimbursement only
occurs after the service is rendered and after I submit a signed Request for Reimbursement form to the City of East
Wenatchee. I will include copies of invoices and payment documentation with the Request. My organization/agency will
submit a report documenting the economic impact results in a format determined by the City of East Wenatchee.
Digital Signature*
Nikki Darling Marra
Signer Email*
Nikki@darlingproductionsllc.com
Exhibit 2 06-20-2023 City Council Agenda Packet
Page 184 of 200
Swap Meet Budget
Website Design 1200
Website Hosting 400
Domain Hosting 40
Venue Rental 1000
Porta Potties 3000
Grass Paint 0
Security 1200
Stage 0
Sound/Music 2500
DJ/Emcee 750
Liability Insurance 350
Dumpsters 1000 30 yd cd
Marketing/Promotion 15000
Radio
Newspaper
TV
Digital
Podcast
Social Media
Banners
Flyers
Merch:
Tshirts
Stickers
Buttons
Painted Rocks
Mailing Card
Logo Design 350
Tables/Chairs 0
Barricades 0
Tents 0
Trailer 0
Chamber Membership
Supplies 250
27040
Exhibit 2 06-20-2023 City Council Agenda Packet
Page 185 of 200
Page 1 of 6
Grant Agreement
Between
The City of East Wenatchee
271 9th St. NE
East Wenatchee, WA 98802
(509) 884-9515
And
Grantee
Darling Productions
dba: Washington State Swap Meet
1001 N. Dolfay Ln
East Wenatchee, WA 98802
c/o Nikki Darling (973) 557-0079
Exhibit 3
06-20-2023 City Council Agenda Packet
Page 186 of 200
Page 2 of 6
1.Grantee’s Obligations. Grantee will:
a.Submit a pre-event application for grant funds with the City Events
Director outlining expected statistics associated with each category
set forth in Exhibit A.
b.Host an event on September 8-10, 2023, generally described as
Washington State Swap Meet.
c.Acknowledge the City’s contribution in the event’s formal promotional
materials and efforts.
d.Acknowledge the City’s contribution on the Grantee’s website.
e.Acknowledge the City’s contribution on the Grantee’s social media
accounts.
f.Submit a Post Event Report to the City within 14 days of the event’s
completion that contains actual event results associated with each
category set forth in Exhibit A.
2.The City’s Obligations. Within 30 days of receiving the Post Event Report,
conditional on the Grantee satisfying, at the City’s reasonable discretion, the
predicted event outcomes in Exhibit A, the City will reimburse the Grantee in
the amount of $5,000 and an additional $100 for each vendor that comes
from over 50 miles away, up to $5,000.
3.Indemnification. Grantee releases and shall defend, indemnify and hold
harmless the City, its elected officials, officers, employees, agents and
volunteers for any and all claims, demands, losses, negligent acts or
omissions, and liabilities (including costs and all attorney's fees) to or by any
and all persons and entities, including without limitation, their respective
agents, licensees, or representatives, arising from, resulting from, or
connected with this Agreement to the extent caused by the negligent acts,
errors or omissions of Grantee, its partners, shareholders, agents,
employees, or by the Grantee's breach of this Agreement.
4.Insurance. Grantee shall obtain and keep in force during the terms of the
Exhibit 3
06-20-2023 City Council Agenda Packet
Page 187 of 200
Page 3 of 6
agreement the following insurance with companies or through sources
approved by the State Insurance Commissioner pursuant to R.C.W. Title 48:
a.Worker's compensation and employer's liability insurance as required
by the State of Washington.
b.General commercial liability insurance in an amount not less than a
single limit of $1,000,000 for bodily injury, including death and
property damage per occurrence.
Excepting the worker's compensation insurance secured by Grantee, the
City will be named on all certificates of insurance as an additional insured.
Grantee shall furnish the City with verification of insurance and
endorsements required by this agreement.
The City reserves the right to require complete, certified copies of all
required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to
do business in the State of Washington. Grantee shall submit a verification
of insurance as outlined above to the City prior to the event, but no later
than 14 days following execution of this agreement.
Exhibit 3
06-20-2023 City Council Agenda Packet
Page 188 of 200
Page 4 of 6
5.No Discrimination. Grantee ensures that it will not discriminate against any
employee or applicant for employment in violation of RCW 49.60.180 or
other applicable law prohibiting discrimination, unless based upon a bona fide
occupational qualification as provided in RCW 49.60.180 or as otherwise
permitted by other applicable law. Further, Grantee will not commit an act
which violates RCW 40.60.215 or other applicable law prohibiting
discrimination.
City of East Wenatchee
Signature:
Jerrilea Crawford
Mayor
Date:
ATTEST:
Laura Leon
City Clerk
Darling Productions
Signature:
Nikki Darling
Owner
Date:
Exhibit 3
06-20-2023 City Council Agenda Packet
Page 189 of 200
Page 5 of 6
Exhibit A
Exhibit 3
06-20-2023 City Council Agenda Packet
Page 190 of 200
Page 6 of 6
Post Event Report
Organization/Agency Name:
Federal Tax ID Number:
Activity Name:
Proposed Date of Activity:
Contact Name and Title:
Phone: Email Address:
Please provide the number of participants in each of the following categories:
Overall attendance at the event/activity:
Number of people who travelled more than 50 miles to attend your
event/activity:
Number of people who traveled from another state or country to attend your event/activity:
Number of people who travelled more than 50 miles to attend your
event/activity and who stayed overnight in the Wenatchee Valley:
Of the people staying overnight, the number of people who stayed
in paid accommodations:
Number of paid lodging room nights resulting from your event/activity:
Please explain how your organization collected and verified the above
information:
Exhibit 3
06-20-2023 City Council Agenda Packet
Page 191 of 200
City of East Wenatchee
Council Agenda Bill
To: Mayor and Council
From/Presenter: Trina Elmes, Events Director/PIO
Subject: East Wenatchee Events Board Funding Recommendation
Date: June 20, 2023
I. Summary Title:
Lodging Tax Request, $10,000, for the City of East Wenatchee Events Department’s event
programming software and event sound system.
II. Background/History:
Eventeny is an event planning software to help with all of the City events. All the event
information is easily accessible to all our event partners and eliminates information slipping
through the cracks. The public is also able to register for events through this website and is
easily trackable by our staff.
The sound system is to save money on renting sound equipment for every event. We are
looking at 6 large speakers, stands, sound board, microphones, and cables. Both Eventeny
and this sound system will help us provide excellent service and a good experience at all our
events.
III. Recommended Action:
The East Wenatchee Events Board is recommending the allocation of $10,000 from
Lodging Tax funds to the City of East Wenatchee Events Department to purchase
event programming software and an event sound system.
IV. Exhibits:
1. East Wenatchee Events Board, June 7, 2023, Meeting Minutes.
2. City of East Wenatchee’s Application for Tourism Promotion Grant Application.
Financial Data
Expenditure Required Amount Budgeted Appropriation Required
$10,000 $10,000 No
06-20-2023 City Council Agenda Packet
Page 192 of 200
Exhibit 1 CITY OF EAST WENATCHEE
EVENTS DEPARTMENT
(509) 886-6108 | EastWenatcheeWa.gov
271 9th St. NE, East Wenatchee, WA
CALL TO ORDER 3:10 PM
EAST WENATCHEE EVENTS BOARD
BOARD MEETING MINUTES
June 7, 2023 | 3:00PM
Attendees Councilmember Rob Tidd, Michael Machado, Jason Heinz, Supattra Winger, Brent
Schmitten, Events Assistant Natalie Daggett and Events Director/PIO Trina Elmes.
Guests Ashley Sinner (WVCC), Nikki Marra (Darling Productions)
Location Eastmont Community Center
230 N. Georgia Ave, East Wenatchee, WA 98802
Roll Call/Introductions
Public Comment None
Minutes The May 3, 2023 minutes were reviewed.
Michael Machado motioned to accept the minutes and Brent Schmitten
seconded the motion. Motion carried (4-0).
Financials The financial documents were reviewed.
Event Update Natalie Daggett was introduced as the new Events Assistant.
Pangborn’s Festival of Flight is scheduled for July 8, 2023. There will be a Big Band Dinner
& Dance on July 7 to bring more heads to beds and proceeds benefit the Spirit of
Wenatchee’s Aviation Scholarship.
Havana Nights is scheduled for August 12, 2023.
Tourism Darling Productions – Washington State Swap Meet
Grants Darling Productions is requesting a total of $15,000 for the new Washington State Swap
Meet, September 8-10, 2023. Nikki Marra talked about her application and answered
questions.
Jason Heins motioned to approve Darling Production’s Grant Application in the
amount of $5,000 with an additional $100 per vendor that comes from 50 or
more miles away for Washington State Swap Meet, September 8-10, 2023.
Michael Machado seconded the motion. Motion carried (4-0).
City of East Wenatchee – Event Software & Sound System
The City of East Wenatchee is requesting a total of $10,000 for event software and a sound
system for City events. Events Director/PIO Trina Elmes talked about her application and
answered questions.
Michael Machado motioned to approve the City of East Wenatchee’s Grant
Application in the amount of $10,000 for Event Software & Sound System. Jason
Heinz seconded the motion. Motion carried (4-0).
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact
the Events Department at (509) 886-6108 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make
reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1).
06-20-2023 City Council Agenda Packet
Page 193 of 200
Exhibit 1 CITY OF EAST WENATCHEE
EVENTS DEPARTMENT
(509) 886-6108 | EastWenatcheeWa.gov
271 9th St. NE, East Wenatchee, WA
ADJOURN 4:21 PM
Hotelier Supattra Winger gave an update on how the Cedars Inn has been doing this year.
Update
WVCC Update Ashley Sinner, gave an update on the Wenatchee Valley Chamber of Commerce.
Other None
Next Meeting August 2, 3:00pm
Eastmont Parks & Recreation’s Community Center
230 N. Georgia Ave, East Wenatchee, WA 98802
Attest: Rob Tidd, Councilmember
Trina Elmes, Events Director/PIO
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact
the Events Department at (509) 886-6108 (TTY 711). Notification 72 hours prior to the meeting will enable the City to make
reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1).
06-20-2023 City Council Agenda Packet
Page 194 of 200
Exhibit 2
Type of Organization*
C Corporation
Government
Limited Liability
Company
Partnership
S Corporation
Sole Proprietor
Other
7500 91-6009051
City of East Wenatchee
Software and Sound System
5098866108 telmes@eastwenatcheewa.gov
271 9th Street NE
Print
Tourism Promotion Grant - Submission #1624
Date Submitted: 6/2/2023
Amount of Lodging Tax Requested* Federal Tax ID #*
Organization/Agency Name* Please List*
Activity Name*
Proposed Start Date of
Activity*
Proposed End Date of
Activity*
First Name* Last Name* Title*
Primary Phone* Cell Phone Email*
Mailing Address*
Events Director/PIO Elmes Trina
12/31/2023 1/1/2023
06-20-2023 City Council Agenda Packet
Page 195 of 200
Exhibit 2
Service Category (Check All That Apply)
Operation of a Special Event/Festival, Designed to Attract Tourists
Operation of a Tourism Promotion Agency
Operation of a Tourism-Related Facility
Tourism Promotion/Marketing
East Wenatchee events
Eventeny is an event planning software to help with all of the City events. All of the event information is easily accessible for
our event partners and eliminates information slipping through the cracks. The sound system is to save money on renting a
sound system for every event. We are looking at 4-6 large speakers, stands, sound board, microphones and cables.
All of the City events bring in thousands of visitors to East Wenatchee every year and the events continue to grow and new
events are being added. Both Eventeny and the sound system will help us provide excellent service at all of our events.
Everyone attending the events.
The City of East Wenatchee will be all over the Eventeny website.
City* State* Zip Code*
Section I - General Information
Are you requesting/using other How many years has this activity
existed?
Proposed Location of Activity*
Short Description of the Activity*
Describe the Prior Success of Your Activity*
Describe Your Target Audience*
Describe How You Will Promote Lodging Establishments, Restaurants and Businesses Located in the City of East
Wenatchee*
98802 WA East Wenatchee
Is this a new Activity?*
Yes
No
City funds for this Activity?*
Yes
No
06-20-2023 City Council Agenda Packet
Page 196 of 200
Exhibit 2
Staff, DJ and volunteers will help set up and overseen the sound system during events. Staff and other event personnel will
utilize Eventeny.
Does your organization have a current City of East Wenatchee Business License?*
Note: A grant recipient must obtain a business license. Business license information can be found on the City's
website under the Business tab on its homepage.
Yes
No
Eventeny is an event planning software to help with all of the City events. All of the event information is easily accessible for
our event partners and eliminates information slipping through the cracks. The sound system is to save money on renting a
sound system for every event. We are looking at 4-6 large speakers, stands, sound board, microphones and cables.
This is to support current activities and help them grow.
Budget for Activity*
Eventeny Speaker Budget 2023.pdf
Allowed types: .gif, .jpg, .jpeg, .png,
.doc, .docx, .xls, .xlsx, .rtf, .pdf, .txt
What costs will the Tourism Promotion Grant cover?*
What organization and staffing do you have to support this activity?*
Full Description of the Activity. Expand from the above questions, such as: what it is you wish to do; the tangible and
intangible benefits to the community; visitor impact; and how you will evaluate the success of the project.*
How will you advertise, publicize or otherwise distribute information regarding your activity?*
Section II - Projected Tourism Benefit
RCW 67.28 provides authority for cities and counties to use lodging tax for tourism promotion to attract visitors and
encourage tourism expansion. State law also details certain reporting requirements for jurisdictions that levy a lodging tax.
Each agency awarded East Wenatchee lodging tax funds will be required to submit a Tourism Funding Expenditure Report
Worksheet to the City with detailed actual information at the conclusion of their tourism promotion activities. Provide an
estimated number of participants, who will attend your Activity, in each of the following categories:
Overall Attendance at the
Event/Activity*
Travel More Than 50 Miles* Travel from Another State/Country*
Travel More Than 50 Miles and Stay over Night in the
Wenatchee Valley*
Of the People Staying Overnight, the Number of People
Who Will Stay in Paid Accommodations*
0 0
0
Cost of the event software and sound system.
0 United States
06-20-2023 City Council Agenda Packet
Page 197 of 200
Exhibit 2
No calculation needed.
No calculation needed.
Tourism Promotion Funding Criteria (Check All Boxes That Apply)
Meets the definition for Tourism Promotion
Promotes a positive image for East Wenatchee
Promotes East Wenatchee as a "Destination"
Attracts visitors, builds new audiences and encourages tourist expansion
Increases awareness of East Wenatchee’s amenities, history, facilities, and natural environment
Supports "Regional Tourism" planning
Benefit to the Community (Check All Boxes That Apply)
Benefits the citizens of East Wenatchee
Benefits the overall Community, rather than a specific segment or interest
Innovation (Check All Boxes That Apply)
Moves an existing program in a new direction
Unusual or unique
Community Support (Check All Boxes That Apply)
Broad-based Community appeal or support
Evidence of need for this Activity
Number of Paid Lodging Room Nights, Resulting from Your
Proposed Activity*
Lodging Impact*
Explain How You Calculated the Previous Estimates*
How will you collect and verify the above information for your Activity?*
Section III - Evaluation Criteria
State law defines Tourism Promotion as: “Activities and expenditures designed to increase tourism, including but not limited
to advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists;
developing strategies to expand tourism; operating tourism promotion agencies; and funding marketing and operations of
special events and festivals designed to attract tourists.”
0
0
06-20-2023 City Council Agenda Packet
Page 198 of 200
Exhibit 2
Funding Sources (Check All Boxes That Apply)
Multiple revenue sources to support this Activity
This is the only funding source
Previous & Replacement Funding (Check All Boxes That Apply)
Request is for a new Activity
Request is to continue or expand an on-going Activity
Scale of Project (Check All Boxes That Apply)
Activity is of a scale that is suitable for this funding program
The funding will help boost current events and help bring more people to future events.
Katrina M Elmes telmes@eastwenatcheewa.gov
How does your Activity meet the above Tourism Promotion funding criteria?*
Section IV - Signature of Applicant
I attest the information in this application is accurate, that I am an agent authorized to represent the Organization and I
understand the funds requested, if granted, will go to the Organization. I have contacted the City of East Wenatchee and will
meet all necessary requirements including, but not limited to, insurance, business licensing, permitting and state reporting
requirements. If my activity is funded, I agree to use the approved East Wenatchee logo in all promotional material. I
understand the Washington State limitations placed on use of the Lodging Taxes, and certify that the requested funds will be
used only for purposes described in this application or as approved by the City of East Wenatchee. I understand use of funds
is subject to audit by the State of Washington. I acknowledge that all of the contents of this application are subject to
disclosure under the Washington State Public Records Act, RCW 42.56, and that the application will be discussed in meetings
of the East Wenatchee Events Board, which acts as the Lodging Tax Advisory Committee, that are open to the public under
RCW 42.30.
I understand:
I am proposing a tourism-related service. If awarded, my organization will enter into a Municipal Services Contract with
the City and will provide liability insurance for the duration of the Contract. The insurance will name the City as an
additional insured and in the policy will be in an amount to be determined by the City of East Wenatchee. The City of
East Wenatchee will only reimburse those costs actually incurred by my organization/agency. Reimbursement only
occurs after the service is rendered and after I submit a signed Request for Reimbursement form to the City of East
Wenatchee. I will include copies of invoices and payment documentation with the Request. My organization/agency will
submit a report documenting the economic impact results in a format determined by the City of East Wenatchee.
Digital Signature* Signer Email*
Evidence of Partnerships (Check All Boxes That Apply)
Exhibits a degree of Partnership
Volunteer involvement, inter-jurisdictional, corporate, business and/or civic
organization support
06-20-2023 City Council Agenda Packet
Page 199 of 200
Exhibit 2
Eventeny & Sound System
2023 Budget
City of East Wenatchee
Expenses
Eventeny Event Planning Software
Speakers
Cables
6 - Mackie SRM215 V-Class 2000W 15"
$1,000 each
6 - 200' cables @ $300 ea
Microphones Wireless Mic System w/ 2 mics
Stands
2 mic stands @ $50 each
Other
Total Expenses
$1,440.00
$6,000.00
$1,800.00
$650.00
$100.00
$9,990.00
06-20-2023 City Council Agenda Packet
Page 200 of 200