HomeMy WebLinkAboutResolution 2024-51, NCW OAC agreement with Carelon Behavioral HealthCity of East Wenatchee Resolution 2024-51 with Exhibit A
Page 1 of 2 Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1)
City of East Wenatchee, Washington
Resolution No. 2024-51
A Resolution of the City of East Wenatchee, Washington authorizing the
Mayor to execute the contract between Carelon Behavioral Health, the City
of East Wenatchee and other members of the North Central Washington
Opioid Abatement Council.
1.Alternate format.
1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta,etc.), póngase en contacto con la administradora municipal 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 agreement
between Carelon Behavioral Health Inc., the City of East Wenatchee and other
members of the North Central Washington Opioid Abatement Council that
conforms to the language set forth in Exhibit A.
4. Severability. If a court of competent jurisdiction declares any provision in thisresolution 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.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on
this 20th day of August 2024.
The City of East Wenatchee,
Washington
By _
Jerrilea Crawford, Mayor
Attest:
^7a^c
nna Laura Leori, City Clerk
Approved as to form only:
^%'
Bob Siderius, Cii
Filed with the City Clerk: 08-20-2024
Passed by the City Council: 08-20-2024Effective Date: 08-20-2024
City of East Wenatchee Resolution 2024-51 with Exhibit A
Page 2 of 2
Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1)
Jerrilea Crawford (Aug 21, 2024 08:28 PDT)
Jerrilea Crawford
1
CONTRACT
between
CHELAN COUNTY, DOUGLAS COUNTY, GRANT COUNTY, OKANOGAN COUNTY,
THE CITY OF WENATCHEE, THE CITY OF EAST WENATCHEE AND THE CITY
OF MOSES LAKE
and
CARELON BEHAVIORAL HEALTH, INC.
200 State Street, Suite 302, Boston, MA 02109-2672
Program: Opioid Distributors Settlement Fund Administration
Contract Term: July 1, 2024 – June 30, 2029
Total Contract Amount: $2,132,598.17
Contract Period: July 1, 2024 – June 30, 2025
Period Amount: $426,519.64
Funding Source: National Opioid Class Action Settlements
CONTRACTOR
CONTACT
ENTITY
PROGRAM CONTACT
ENTITY
FISCAL CONTACT
Tiffany Villines
360.584.3114
Tiffany.Villines@carelon.com
Kevin Overbay
509.667.6218
Kevin.Overbay@co.chelan.wa.us
Nicole Thompson
509.667.6686
NicoleC.Thompson@co.chelan.wa.us
By signing below, CHELAN COUNTY, DOUGLAS COUNTY, GRANT COUNTY,
OKANOGAN COUNTY, THE CITY OF WENATCHEE, THE CITY OF EAST
WENATCHEE AND THE CITY OF MOSES LAKE hereinafter referred to collectively as
the “Entity,” and Carelon Behavioral Health, Inc., hereinafter referred to as the “Contractor,”
agree to the terms of this Contract and agree to comply with all applicable local, State and
Federal laws, rules and regulations.
EXHIBIT A
2
FOR CHELAN COUNTY FOR CONTRACTOR:
_________________________________ ______________________________
Kevin Overbay, Chair Glenn MacFarlane, President
Chelan County Commission Carelon Behavioral Health, Inc.
APPROVED AS TO FORM FOR THE CITY OF WENATCHEE
_________________________________ _____________________________
Robert W. Sealby, Prosecuting Attorney Laura Gloria, City Administrator
FOR DOUGLAS COUNTY
_______________________________
Dan Sutton, Chair
Douglas County Commission
APPROVED AS TO FORM
______________________________
Gordon Edgar, Prosecuting Attorney
FOR GRANT COUNTY
_______________________________
Cindy Carter, Chair
Grant County Commission
APPROVED AS TO FORM
______________________________
Kevin J. McCrae, Prosecuting Attorney
FOR OKANOGAN COUNTY
_______________________________
Jon Neal, Chair
Okanogan County Commission
APPROVED AS TO FORM
______________________________
Esther Milner, Civil Deputy Prosecuting
Attorney
APPROVED AS TO FORM
___________________________
Danielle R. Marchant, City Attorney
FOR THE CITY OF EAST WENATCHEE
_______________________________
Jerrilea Crawford, Mayor
APPROVED AS TO FORM
______________________________
Sean Lewis, Assistant City Attorney
FOR THE CITY OF MOSES LAKE
_______________________________
Kevin Fuhr, City Manager
APPROVED AS TO FORM
______________________________
Katherine Kenison, City Attorney
EXHIBIT A
2
STATEMENT OF WORK CONTRACT
CARELON BEHAVIORAL HEALTH, INC.
1. PROGRAM DESCRIPTION
1.1. In 2021, nationwide settlements were reached to resolve all opioids litigation brought by
states and local political subdivisions against the three largest pharmaceutical distributors,
McKesson, Cardinal Health, and AmerisourceBergen and against manufacturer Janssen
Pharmaceuticals, Inc. and its parent company Johnson & Johnson. These National
Settlements have been finalized, and payments have already begun.
In late 2022, agreements were announced with three pharmacy chains—CVS, Walgreens,
and Walmart—and two additional manufacturers—Allergan and Teva. In January 2023,
each of those pharmacy chains and manufacturers confirmed that a sufficient number of
states had agreed to the settlements to move forward. The 2022 National Settlements have
now all been finalized. Further litigation against opioid pharmaceutical supply chain
participants may occur and the parties hereto understand that any future settlements or
awards will likely be managed the same way as previous settlements, i.e., subject to the
same agreements currently pertaining to the member jurisdictions/ the Entity and this
Contract.
Under both the 2021 and 2022 National Settlements, at least 85% of the funds going
directly to participating states and subdivisions must be used for abatement of the opioid
epidemic, with the overwhelming bulk of the proceeds restricted to funding future
abatement efforts by state and local governments. The settlement documents for the 2021
and 2022 National Settlements outline the harm caused by entities within the
pharmaceutical supply chain who manufacture, distribute, and dispense prescription
opioids as well as hold them accountable for the damage they have caused to communities
across the country.
The Entity consists of “participating local governments” that have signed onto the One
Washington Memorandum of Understanding between Washington Municipalities (One
WA MOU), which allocates the settlement funds to participating local governments in
the State of Washington. The One WA MOU also requires the establishment of Opioid
Abatement Councils. The Entity established, through interlocal agreement dated June 22,
2023, the North Central Washington Opioid Abatement Council (NCWOAC).
1.2. The Entity is contracting with Contractor to develop contracts within the prescribed
allocation region of North Central Washington. The contracts will focus on area specific
Entity priorities regarding the, management, distribution, and reporting of opioid
settlement funds. The funding source for this Contract is the Opioid Funds (as that term
is defined in the One WA MOU).
1.3. The Entity appoints the Chelan County Board of Commissioners to act on its behalf as the
fiscal agent for the purposes of this Contract. The other participating local governments
EXHIBIT A
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within the Entity shall timely remit their portion of the Opioid Funds to Chelan County for
the purposes of compensating Contractor for carrying out the terms of this Contract on
behalf of the Entity for the scope of work as directed by the NCWOAC. If a participating
local government within the Entity fails to remit its portion of the Opioid Funds to the fiscal
agent, then the fiscal agent is only obligated to compensate Contractor for those
participating local governments of the Entity who have remitted their respective portion of
the Opioid Funds. The Fiscal agent will not enforce outstanding fund balances. Contractor
bears the responsibility of enforcement of outstanding local government fund balance
commitment.
2. PROGRAM ELIGIBILITY
People who benefit from this program must reside within the Counties of Chelan, Douglas, Grant or
Okanogan, including any cities or towns located therein. The focus shall be on serving the jurisdictions
these funds cover.
3. PROGRAM REQUIREMENTS
3.1. The One Washington Memorandum of Understanding between Washington Municipalities
(One WA MOU) is attached hereto as Exhibit A, and incorporated herein by this reference.
3.2. Contractor shall establish a written process to oversee the Opioid Fund distribution,
expenditures and dispute resolution for the Entity. The process shall include a written
narrative outlining the reporting mechanisms to include dashboard layout, the methodology
for obtaining proposals, as well as the policy and procedures for the handling complaints.
The written process must be provided to the Entity within 60 days of the last party signing
this Contract.
3.3. The Entity, through the NCWOAC, will establish priorities based upon allowable strategies
outlined in the One WA MOU, and the 2021 and 2022 National Settlements. Contractor
shall honor the priorities established by the Entity. The initial priorities, which are not
exclusive, are attached as Exhibit D which is attached hereto and incorporated herein by
this reference.
3.4. Contractor shall develop and maintain a centralized dashboard that meets the requirements
of the One WA MOU to make public all decisions on opioid fund allocations, distributions,
and expenditures by the NCWOAC and provide data and reports requested by the state, the
Entity and other local jurisdictions interested in working with Contractor. The centralized
dashboard must be accessible to the public no later 60 days after Contract execution.
Contractor shall update the centralized dashboard at least bi-annually.
3.5. Contractor shall develop and implement a methodology acceptable to NCWOAC for
obtaining and awarding proposals through a competitive solicitation process for the use of
Opioid Funds. NCWOAC will develop a process to ensure community-based input on
strategies for opioid funded programs and services. Based on the results of a competitive
EXHIBIT A
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solicitation, NCWOAC will provide Contractor with priority strategies. Contractor shall
establish and monitor contracts with providers in support of priority strategies provided by
NCWOAC.
3.6. Contractor shall provide to NCWOAC an annual accounting of costs and retain supporting
documentation for no less than six years from the termination date of this Contract. The
Contractor must make publicly available through the centralized dashboard all decisions
on allocation applications, distributions and expenditures by the NCWOAC.
3.7. Contractor must have a written policy/process for hearing complaints by any participating
local government within the Entity regarding alleged failure to (1) use Opioid Funds for
Approved Purposes or (2) comply with reporting requirements required by the One WA
MOU. Contractor shall provide NCWOAC with the written policy/process within 30 days
of the last party signing this Contract.
4. PROGRAM REPORTING AND MONITORING
Contractor shall provide a quarterly written report to NCWOAC summarizing the activity of provider’s
contracts as well as the progress achieved towards the established outcomes in each provider contract
established through the competitive solicitation process. The quarterly report is due on the 15th of
October, January, April, and July of each year.
5. PROGRAM OUTCOMES
Contractor shall develop written measurable program outcomes that are acceptable to NCWOAC. The
program outcomes must address the selected priorities established by the NCWOAC. Contractor shall
provide the written measurable program outcomes to NCWOAC no later than 90 days after contract
execution.
6. PAYMENT PROVISIONS
6.1. Annual funding amounts for each calendar year of the Contract shall be communicated to
Contractor in writing by the 31st day of December of the preceding year, and are contingent
upon each local participating government within the Entity receiving its allocated Opioid
Funds required by the One WA MOU. A contract year runs from July 1st to June 30th.
Refer to Exhibit G Entity Funding Summary
6.1.1. The funding for the first calendar year of his Contract shall not exceed funds
received from National Opioid Class Action Settlement allocation. Refer to section
33.1.2.
6.1.2. Unused funds from one contract year may be carried over into the next contract
year with authorization from impacted entity member.
EXHIBIT A
5
6.2. Contractor shall manage program costs so that reimbursement requests do not exceed
approved funding for each contract year.
6.3. Contractor shall be paid annually, the allowable administrative rate of ten percent (10%)
of the annual program costs listed in the Budget Summary.
6.4. The Entity, through a request to the fiscal agent, may withhold payment to the Contractor
if deliverable and reporting requirements are not met.
7. CONTRACT PERIOD
The initial term of this contract is five (5) years from the date of execution. The Entity may extend this
contract upon written agreement of both parties.
8. CONTRACT KICKOFF AND TECHNICAL ASSISTANCE
If requested by the Entity, Contractor shall attend a contract kickoff meeting with the Entity to review
roles, responsibilities, requirements, and deliverables associated with this Contract.
EXHIBIT A
6
DELIVERABLES SUMMARY
CONTRACT #2023-OPIOID-01
CARELON BEHAVIORAL HEALTH, INC.
DELIVERABLE REFERENCE DUE DATE
Proof of insurance General T&C §26
Special T&C §3
At contract execution and
annually thereafter
Dashboard SOW §3 Within 60 days of
Contract execution
Methodology for obtaining proposals SOW §3 Within 60 days of
Contract execution
Policy/Process for hearing complaints SOW §3
Within 60 days the last
party signing this
Contract
Quarterly reports SOW §4
15th day of the month in
October, January, April,
and July
Develop outcomes SOW §5 Within 90 days of
Contract Execution
Financial Statements with supporting
documentation
General T&C
§33SOW §5
15th day of the month in
October, January, April,
and July
Fiscal requirements General T&C §22 Various
1. The above table is provided for demonstrative purposes only. It is not intended to change or amend any
term written within the Contract. There may be additional deliverables in this Contract which are not
reflected in the above table.
2. If there is a conflict between what appears in the above table summary and what is listed elsewhere in
the Contract, the terms and conditions elsewhere in the Contract shall apply.
EXHIBIT A
7
SPECIAL TERMS AND CONDITIONS
LOCAL FUNDS
1. DOCUMENTS INCORPORATED BY REFERENCE
Each of the documents listed below, as now established or hereafter amended, are incorporated by
reference with the same force and effect as if they were incorporated in full text.
1.1. The One Washington Memorandum of Understanding between Washington Municipalities,
attached as Exhibit A.
1.2. Opioid Abatement Strategies, attached as Exhibit B.
1.3. Funding Allocation, attached as Exhibit C.
1.4. Entity Priorities Governing the Allocation of Funds, attached as Exhibit D.
1.5. Interlocal agreement establishing North Central Washington Opioid Abatement Council,
attached as Exhibit E.
1.6. NCWOAC Member Proposal/Budget Summary Sheet, attached as Exhibit F
1.7. Entity Funding Summary, attached as Exhibit G
2. DRUG FREE WORKPLACE
The Contractor shall have a “Drug Free Workplace” Policy that describes the steps taken to deter the use
of drugs, including alcohol, in the workplace and that addresses the Drug-Free Workplace Act of 1988.
The policy should include any provisions for education, scope of prohibited substances, testing, employee
assistance, discipline, and employee responsibilities. A copy of this policy will be provided to the Entity
within 60 days of the signing of this Contract. Individual providers shall be required to sign a “Drug Free
Workplace” certification on a form provided by the County.
3. INSURANCE
The Contractor shall procure and maintain for the duration of the Contract, insurance against claims for
injuries to persons or damage to property which may arise from or in connection with the Contractor’s
own services including the work of the Contractor's agents, representatives, employees, subconsultants
or subcontractors. Before beginning its services described in this Contract, Contractor shall provide the
Entity evidence, in the form of a Certificate of Insurance, of the following insurance coverage and limits
(at a minimum):
1.4. Workers’ Compensation Insurance in accordance with Washington State statutes;
3.2 Professional Liability Insurance in the minimum amount of $5 million dollars;
EXHIBIT A
8
3.3. Sexual Misconduct Insurance in the minimum amount of $5 million dollars; and
3.4 Fidelity Insurance in the minimum amount of $1 million dollars.
Under this Contract, Contractor’s insurance shall be considered primary in the event of a loss, damage
or suit. Contractor shall request from its insurer a modification of the ACORD certificate to include
language that prior written notification will be given to the Entity at least 30 days in advance of any
cancellation, suspension or material change in the Contractor’s coverage.
4. TERMINATION
4.1. The award or continuation of this Contract is dependent upon the availability of future
funding. The Entity’s payment obligations are payable only and solely from funds both
appropriated and otherwise legally available for this Contract.
4.1.1. The absence of initial appropriated or other lawfully available funds shall render
the Contract null and void to the extent funds are not appropriated or available.
4.1.2. If the funds upon which the Entity relied to establish this Contract are withdrawn,
reduced, or limited, or if additional or modified conditions are placed on such
funding, the Entity may immediately terminate this Contract in whole or in part by
providing notice to the Contractor. The termination shall be effective on the date
specified in the notice of termination.
4.2. The Entity and Contractor shall have the right to terminate this Contract, in whole or in part,
with or without cause, by providing no fewer than thirty (30) calendar-days written notice.
Upon receipt of a notice of termination, the Contractor shall promptly cease all further work
pursuant to this Contract, with such exceptions, if any, specified in the notice of termination.
The Entity shall pay the Contractor, to the extent of funds appropriated or otherwise legally
available for such purpose, for all goods delivered, services performed, and obligations
incurred prior to the date of termination in accordance with the terms hereof.
4.3. Upon termination of this Contract, any unexpended balance of Contract funds will remain
with the Entity. If termination occurs for cause, the Contractor shall immediately, and
without notice of presentment, return to the Entity all funds that were expended in violation
of the terms of this Contract.
4.4. Any notice required to be given pursuant to the terms of this section shall be in writing and
shall be sent by certified or registered mail, return receipt requested, postage prepaid, or by
hand delivery, to the receiving party at the address listed on the signature page, or at any
other address of which a party has given notice. Notice shall be deemed given, if by mail,
three days after mailing: or if by personal service, on the date of delivery.
4.5 For Entity to terminate this Contract, in whole or in part, each party that makes up the Entity
as stated in the introduction of the Contract, must agree to terminate the Contract, in whole
or in part.
EXHIBIT A
9
GENERAL TERMS AND CONDITIONS
These GENERAL TERMS AND CONDITIONS apply to this Contract.
The “Contractor” referenced throughout this document is identified in each Contract executed by the
Entity. “Contract” means the associated contract, as amended, which incorporates these General Terms
and Conditions.
To satisfy federal and state grant requirements, the “Contractor” is also referred to as “lower tier Grantee”
in this document.
1. ACCESS, MONITORING, AND INSPECTIONS
1.1. Contractor agrees to cooperate and participate in the Entity’s monitoring and evaluation
process. The Contractor shall furnish documents, reports, statements, records, data, and
other information to county, state, federal, or other funding agencies at such times and on
such forms as are specified by the Entity. This may include agreements the Contractor has
with other entities.
1.2. Contractor grants the Entity the right of access to examine or transcribe any records, books,
financial statements, papers, and documents relating to this Contract. The Contractor’s
records, books, financial statements, papers, and documents, with respect to all matters,
shall be subject at all times to inspection, review or audit by the Entity, including any
individual party that makes up the Entity, or by federal or state officials during the
performance of the Contract with the Entity and during the period of document retention.
1.3. Unless prohibited by law, the Contractor shall allow the Entity to physically inspect, on
demand, any and all work being performed under this Contract. The Entity shall be granted
such access to current work sites without providing advance notice to the Contractor. Upon
request by the Entity, the Contractor shall provide the Entity with a written schedule of its
upcoming work dates, locations, and services to be performed under this Contract.
1.4. The Entity, at its sole discretion, shall be free to take any action it deems necessary to ensure
the quality of work or services being performed by the Contractor and to ensure compliance
with all state and federal regulations, health and safety codes, and/or grant requirements.
2. AMERICANS WITH DISABILITIES ACT
Contractor shall comply with federal, state and local non-discrimination laws relating to disabilities,
including, but not limited to, the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq)
and 28 C.F.R. Part 35, which provide comprehensive protection to individuals with disabilities.
3. ANTI-LOBBYING
3.1. By signing this Contract, the Contractor certifies that, to the best of its knowledge and belief,
EXHIBIT A
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no federal appropriated funds have been paid or will be paid by or on behalf of the
undersigned to any person for influencing or attempting to influence an officer or employee
of an agency, a member of congress, an officer or employee of congress, or an employee of
a member of congress in connection with the awarding of any federal contract, the making
of any federal grant, the making of any federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
federal contract, grant, loan, or cooperative agreement.
3.2. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
member of congress, an officer or employee of congress, or an employee of a member of
congress in connection with a federal contract, grant, loan, or cooperative agreement, the
Contractor shall complete and submit Standard Form-LLL, “Disclosure Form to Report
Lobbying,” in accordance with its instructions.
3.3. If applicable, Contractor shall require that the language of paragraphs 1 and 2 of this section
and paragraph 35 of the Contract be included in the award documents for all sub-awards at
all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
3.4. No funds from the State of Washington shall be used for supporting or opposing ballot
measures or the candidacy of any person for public office.
4. APPLICABILITY OF LAW
4.1. This Contract is and shall be construed as being executed and delivered within the State of
Washington and it is mutually agreed by the Contractor and the Entity that all contracts and
contract modifications between the Contractor and the Entity shall be governed by laws of
the State of Washington as to both interpretation and performance.
4.2. Venue shall be Chelan County, Washington.
5. ASSIGNMENT AND SUBCONTRACTING
5.1. The Contractor shall not assign, delegate, or subcontract any work required in this Contract
without the prior written consent of the Entity. However, Contractor shall be permitted to
assign this Contract to an “Affiliate” of Contractor or of Elevance Health, Inc. without the
written consent of Entity. “Affiliate” means any corporation, partnership or other legal
entity, directly or indirectly owned or controlled by Elevance Health Inc., or which owns or
controls, or which is under common ownership or control, with Contractor.
5.2. Contractor and Entity agree that Contractor may use subcontractors, including but not
limited to Affiliates, to perform under this Agreement subject to Contractor retaining full
liability and responsibility for its subcontractors to the same extent as if Contractor
performed directly. Any and all subcontractors must execute this agreement and shall be
liable to the same extent as Carelon.
EXHIBIT A
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5.3. Any assignment or subcontract between Contractor and any assignee or subcontractor shall
be in writing and available, upon request, to the Entity.
6. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND
VOLUNTARY EXCLUSION
6.1. By signing this Contract, the Contractor certifies that it is not presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded (Excluded Person)
from participating in any federally funded program by any federal department or agency,
and that no owner, director, officer, or partner with an ownership or control interest in the
Contractor is an Excluded Person. In addition, Contractor certifies that no employee or
subcontractor of Contractor who will perform work directly or indirectly under this Contract
is an Excluded Person.
6.2. This certification is required by the regulations set forth in Title 2 C.F.R. Part 180. The
terms “covered transaction, debarred, suspended, ineligible, lower tier covered transaction,
participant, person, primary covered transaction, principal, and voluntarily excluded,” as
used in this clause, have the meanings set out in Title 2 C.F.R. Part 180.
6.3. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion –
Lower Tier Covered Transaction [this section is required, without modification, by County
granting agencies].
LOWER TIER COVERED TRANSACTIONS
a) The lower tier Grantee certifies, by signing this Contract that neither it nor its principals
are presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or
agency.
b) Where the lower tier Grantee is unable to certify to any of the statements in this Contract,
such Grantee shall attach an explanation to this Contract.
6.4. Before entering into a “covered transaction” with another party at the next lower tier, the
Contractor agrees that by signing this Contract that it shall first verify that the person or
party with whom it intends to do business is not an Excluded Person, as that term is used in
Section 6.1. The Contractor may do this by:
6.4.1. Checking the Federal Excluded Parties List System at www.sam.gov; or
6.4.2. Collecting a certification from the person or party; or
6.4.3. Adding a clause or condition to the covered transaction with that person or party
that fully meets the requirements set out in Title 2 C.F.R. Part 180.
EXHIBIT A
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6.5. The Contractor agrees by signing this Contract that it shall not knowingly enter into any
lower tier covered transaction with a person or party who is debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered transaction. Contractor
further agrees that it will fully comply with all requirements established in Title 2 C.F.R.
Part 180, including its obligation to pass the requirement to comply with Title 2 C.F.R. Part
180 to each person or entity with whom the Contractor enters into a covered transaction at
the next lower level.
6.6. The certifications in this Section 6 are a material representation of fact upon which reliance
is placed at the time of Contract execution and at the time of any subsequent modification(s).
If it is at any time determined that the Contractor knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the
department or agency with which this transaction originated may pursue available remedies,
including suspension and/or debarment.
6.7. Before hiring any new employee, the Contractor shall conduct a search of the Federal
Excluded Parties List System referenced above to ensure that the individual is not presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any federal department or agency. The search must
be conducted by the Contractor prior to making an employment offer. Evidence of search
results must be maintained in the employee’s personnel file.
6.8. The Contractor shall maintain written documentation of its compliance with the above-
stated requirements and make said documentation available to Entity for review upon
request.
7. CLAIMS OR DAMAGES
The Entity, the Washington State Department of Commerce, the Washington State Department of
Social and Health Services, the State of Washington, and federal granting agencies are not liable
for claims or damages, directly or indirectly, arising from the Contractor’s performance of this
Contract.
8. CLOSE-OUT
8.1. Upon receipt of an approved Contractor invoice, Chelan County, as the Entity’s fiscal agent,
will process payment to the Contractor for allowable costs or earned payments that are due
prior to the date of expiration or termination.
8.2. Within thirty (30) days after the date of expiration of a contract, the Contractor shall submit
all financial, performance, and other reports required by each contract.
8.3. If requested by the Entity, the Contractor shall cooperate in a program audit by the Entity
or its designee.
EXHIBIT A
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9. CONFIDENTIALITY AND PRIVACY
9.1. If Contractor encounters protected health information while performing services under this
Contract, the Contractor shall have internal policies and procedures related to the privacy
and the security of protected health information in compliance with state and federal
guidelines. By signing this Contract, the Contractor certifies that it is compliant with the
applicable provisions of the Health Insurance Portability and Accountability Act (HIPAA)
of 1996, codified in 42 USC 1320(d) et seq. and 45 CFR parts 160, 162 and 164; the Health
Information Technology for Economic and Clinical Health Act (HITECH Act or "the Act")
part of the American Recovery and Reinvestment Act of 2009 (ARRA); the Omnibus Rule
that modifies the HIPAA and HITECH Act, 42 CFR Part 2; and all applicable state (e.g.
RCW 70.02) and federal privacy regulations.
9.2. If Contractor encounters protected health information while performing services under this
Contract, Contractor further certifies that it has on file a signed Statement of
Confidentiality for all staff, subcontractors, or volunteers who have access to confidential
client information.
9.3. If requested by the Entity, Contractor shall provide the Entity with copies of the signed
Statement of Confidentiality documents referenced in this section.
9.4. If requested by the Entity, Contractor shall provide the Entity with an annual
Confidentiality Certification in a format acceptable to the Entity before January 15th of
each year.
9.5. Unless waived by the Entity in writing, if Contractor encounters protected health
information while performing services under this Contract, then Contractor must sign a
“Business Associate Agreement and Qualified Service Organization Agreement” with the
Entity.
9.6. Personal information collected, used, or acquired in connection with the services provided
under this Contract shall be used solely for the purpose of this Contract. The Contractor
agrees not to release, divulge, publish, transfer, sell, or otherwise disclose to unauthorized
persons any confidential or personal information that is not directly connected with the
performance of the services contemplated in this Contract, except with written consent of
the person or legal representative of the person who is the subject of the personal
information. The written consent must state which personal information may be shared and
to whom the personal information will be shared.
9.7. Personal and confidential information includes, but is not limited to, information related to
a person’s name, health, finances, education, business, use of government services,
addresses, telephone numbers, social security number, driver’s license number or other
identifying numbers, and information in the possession of the Contractor that may not be
disclosed under state or federal law.
9.8. The Contractor shall protect and maintain all personal and confidential information against
unauthorized use, access, disclosure, modification, or loss and in accordance with state and
federal law regarding confidentiality. This duty requires the Contractor to employ
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reasonable security measures, which include restricting access to personal and confidential
information only to staff members who have a business need to view the information, and
by securing records in locked cabinets while not in use. The Contractor shall have a written
policy and procedure to implement this duty.
10. CONFLICT OF INTEREST
10.1. Contractor certifies that no principal, director, officer, employee, agent, consultant, officer,
elected official or appointed official has violated the Ethics in Public Service Act (RCW
chapters 42.23 and 42.52), or any similar statute involving the Contractor in the
procurement of or performance under this Contract.
10.2. Contractor shall identify to the Entity any person employed or previously employed in any
capacity by the state of Washington that worked on the funding sources for this Contract,
including but not limited to, formulating or drafting legislation, participating in grant
procurement planning and execution, and awarding grants.
10.3. The Contractor shall comply with 24 C.F.R. §570.611 regarding any potential conflict of
interest.
10.3.1. In the procurement of supplies, equipment, construction, and services by
recipients and by subrecipients, the conflict of interest provisions in 24 C.F.R.
§85.36 and 24 C.F.R. §84.42, respectively, shall apply.
10.3.2. In all cases not governed by 24 C.F.R. §85.36 and §84.42, the provisions of this
section shall apply. Such cases include the acquisition and disposition of real
property and the provision of assistance by the recipient or by its subrecipients to
individuals, businesses, and other private entities under eligible activities that
authorize such assistance (e.g., rehabilitation, preservation, and other
improvements of private properties or facilities pursuant to 24 C.F.R. §570.202,
grants, loans, and other assistance to businesses, individuals, and other private
entities pursuant to 24 C.F.R. §570.203, §570.204, §570.455, or §570.703(i)).
11. CONSUMER RIGHTS
The Contractor shall comply with state and federal non-discrimination laws. This includes:
Discrimination – Human Rights Commission (RCW 49.60); 42 CFR 438.214, Title VI of the Civil
Rights Act of 1964 as implemented by regulations at 45 CFR part 80; the Age Discrimination Act
of 1975 as implemented by regulations at 45 CFR part 91; the Rehabilitation Act of 1973; titles II
and III of the Americans with Disabilities Act; and other laws regarding privacy and
confidentiality. The Contractor shall ensure that its staff takes these rights into account when
furnishing services to consumers.
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12. CONTRACT NUMBER
The Contractor agrees to list the number of this Contract on all correspondence, communications,
reports, vouchers, and such other data concerning this Contract or delivered hereunder.
13. CONTRACT PERIOD
13.1. Unless otherwise provided in this Contract, the contract period is shown on the first page
of the Contract. Services must be provided, and billable costs incurred within the contract
period. The first page of the Contract is also referred to as the “Face Sheet.”
13.2. Upon expiration of the initial term or period of extension, the Contractor agrees to hold over
under the terms and conditions of this Contract for such a period of time as is reasonably
necessary to re-solicit and/or complete the project, not to exceed 120 days unless a different
hold-over period is agreed to in writing.
13.3. The Contractor shall have an additional thirty (30) days following the expiration of the
Contract to submit reports and to complete non-billable end-of-contract activities.
14. COPYRIGHT
14.1. “Materials” means all items in any format and includes, but is not limited to data, reports,
maps, charts, documents, pamphlets, advertisements, books, magazines, surveys, studies,
computer programs, HTML code, films, tapes, and/or sound reproductions.
14.2. Unless otherwise provided in this Contract, all Materials produced under this Contract shall
be considered “works for hire,” as defined by the U.S. Copyright Act, and shall be owned
by the Entity in proportional shares equal to investment. The Entity shall be considered
author of such Materials. Ownership includes the right to copyright, patent, register, and
the ability to transfer these rights.
14.3. In the event the Materials are not considered “works for hire,” the Contractor hereby
irrevocably assigns to the Entity, in proportional shares equal to investment, all rights, title,
and interest in all Materials, including intellectual property rights, moral rights, and rights
of publicity, effective from the moment of creation of such Materials.
14.4. For Materials that are delivered under this Contract but that incorporate pre-existing
materials not produced under this Contract, the Contractor hereby grants to the Entity a
nonexclusive, royalty-free, irrevocable license in such Materials, with rights to sublease to
others. The Entity may translate, reproduce, distribute, prepare derivative works, publicly
perform, and publicly display such Materials. The Contractor warrants and represents that
the Contractor has all rights and permissions, including intellectual property rights, moral
rights, and rights of publicity, necessary to grant such a license to the Entity.
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15. CORRECTIVE ACTION
15.1. The Contractor is required to meet all of the terms and conditions in these General Terms
and Conditions, as well as all terms and conditions in the Statement(s) of Work, Special
Terms and Conditions, and Contract exhibits, and to perform as required in this Contract.
Should a Contract violation or a performance deficiency be identified by the Entity, the
Entity may, at its sole discretion, provide the Contractor with a written notice requiring
immediate corrective action, or immediately terminate the Contract.
15.2. If the Entity provides the Contractor with a written notice of corrective action, the
Contractor must submit a corrective action plan to the Entity within thirty (30) calendar
days from the date of the notice.
15.3. The Entity will approve or disapprove the Contractor's corrective action plan in writing
within ten (10) calendar days after receipt of the plan. If approved, the Contractor shall
implement the plan and ensure correction of the deficiency. If the Contractor does not
correct the deficiency, submit a corrective action plan within fourteen (14) calendar days,
or the Entity deems the plan unsatisfactory, the Entity may terminate this Contract in whole
or in part.
15.4. Notice required to be given pursuant to the terms of this section shall be in writing and
shall be sent by certified or registered mail, return receipt requested, postage prepaid, or by
hand-delivery, to the receiving party at the address listed on the signature page or at any
other address of which a party has given written notice. Notice shall be deemed given, if
by mail, three days after mailing; or if by personal service, on the date of delivery.
16. COUNTERPARTS AND ELECTRONIC SIGNATURES
This Contract may be signed electronically and exchanged by electronic transmission, including
by email, and executed in one or more counterparts, each of which will be deemed an original, but
all of which together constitute one-and-the same instrument.
17. COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no person or selling agency will be employed or retained to solicit or
secure a contract upon an agreement or understanding for a commission, percentage, brokerage,
or contingent fee. The Entity shall have the right, in the event of breach of this clause by the
Contractor, to annul any contract without liability, or in its discretion, to deduct from this Contract
price or consideration, or otherwise recover the full amount of such commission, percentage,
brokerage, or contingent fee, or seek such other remedies as are legally available.
18. DUPLICATION OF COSTS
The Contractor certifies that work for services billed under this Contract does not duplicate any
work to be charged to any other source.
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19. ENTIRE CONTRACT
Contractor and Entity agree that this Contract is the complete expression of the terms hereto, and
any oral representations or understanding not incorporated herein are excluded. Except as
otherwise provided in this Contract, any modification shall be in writing and signed by Contractor
and Entity. Failure to comply with any of the provisions stated herein shall constitute material
breach of this Contract and cause for termination. Contractor and Entity recognize that time is of
the essence in the performance of this Contract.
20. FAIR HOUSING AND NON-DISCRIMINATION
20.1. The Contractor shall comply with all local, state, and federal fair housing and non-
discrimination laws, regulations, and policies. Contractor shall take necessary and
appropriate actions to prevent discrimination in rental units assisted through the contracted
funding sources.
20.2. In accordance with the decision in United States v. Windsor, 133 S. Ct. 2675 (June 26,
2013), and section 3 of the Defense of Marriage Act, codified at 1 USC 7, in any grant-
related activity in which family, marital, or household considerations are, by statute or
regulation, relevant for purposes of determining beneficiary eligibility or participation,
grantees must treat same-sex spouses, marriages, and households on the same terms as
opposite sex spouses, marriages, and households, respectively.
21. FEDERAL FUNDING REQUIREMENTS
21.1. Any federal funds received under this agreement will have a Catalog of Federal Domestic
Assistance (CFDA) Number identified in the Contract. Contractors that receive federal
funds shall comply with all grantor requirements including, but not limited to, those
detailed or incorporated into this Contract and detailed in the Catalog of Federal Domestic
Assistance. The Contractor certifies that it is aware of or will review the appropriate section
of the CFDA, the relevant Code of Federal Regulations, and other documents referenced
in either the CFDA or in this Contract that provide guidance to compliance with federal
funding requirements.
21.2. If the Contractor receives federal funds, Contractor shall maintain a current registration in
the System for Award Management (SAM) registry. Contractor shall also maintain an
active Dun & Bradstreet (DUNS) number or, after April 4, 2022, a Unique Entity Identifier
(SAM) created in SAM.gov.
21.3. If the Contractor receives federal funds, in awarding contracts pursuant to this Contract,
the Contractor shall comply with all applicable federal, state, and local law for awarding
contracts, including but not limited to procedures for competitive bidding required by 2
C.F.R. Part 200.
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21.4. For contracts funded by the U.S. Department of Health and Human Services (HHS),
Contractor shall disclose in writing, in a timely manner, to the Entity and to the HHS Office
of Inspector General, all information related to violations of federal criminal law involving
fraud, bribery, or gratuity violations potentially affecting the federal award.
21.5. If the Contractor receives federal funds, Contractor shall not:
22.5.1. Engage in severe forms of trafficking in persons during the period of time that
the award is in effect;
22.5.2. Procure a commercial sex act during the period of time that the award is in effect;
22.5.3. Use forced labor in the performance of the award or subawards under the award.
21.6. If the Contractor receives federal funds, Contractor shall comply with all applicable
standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-
7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387).
Violations must be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
22. FISCAL REQUIREMENTS
22.1. The Contractor is required to comply with Generally Accepted Accounting Principles
(GAAP) or Governmental Generally Accepted Accounting Principles (GGAAP) that meet
the financial management systems requirements of this Contract. The requirement in this
section may be met either by submission of an annual independent auditor’s report or by
the submission of semi-annual financial reports based upon the mid-point and end of the
Contractor’s fiscal year, if an annual audit is not performed.
22.2. The Contractor shall comply with applicable requirements of 2 C.F.R. Part 200, including
any future amendments, and any successor or replacement Office of Management and
Budget (OMB) Circular or regulation.
22.3. The Contractor shall prepare a Schedule of Expenditures of Federal Awards (SEFA) in
accordance with 2 C.F.R §200.508, if the Contractor (1) expends $750,000 or more in
federal awards during the Contractor’s fiscal year, or (2) the Contractor is a State Auditor’s
Office BARS user, regardless of expenditure level.
22.4. If the Contractor expends $750,000 or more in federal funds during the fiscal year, an
independent audit report is required. A copy of the audit report shall be submitted to the
Entity. Copies of other financial records may also be required.
22.4.1. Non-Profit Contractors and Public Entities - The audit report shall meet Title 2
C.F.R Part 200 requirements with assurances of financial record keeping that
will enable identification of all federal funds received and expended by the OMB
Catalog of Federal Domestic Assistance number. Title 2 C.F.R Part 200 audits
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for fiscal years that include this Contract shall be completed and submitted to
the Entity within nine (9) months from the end of the Contractor’s fiscal year
unless otherwise approved by the Entity in writing.
22.4.2. For Profit Contractors - An independent audit, an independent limited scope
audit, or other evidence negotiated with and approved by the Entity that provides
positive assurance of meeting GAAP or GGAAP shall be submitted.
Independent audits for fiscal years that include this Contract shall be completed
and submitted to the Entity within nine (9) months from the end of the
Contractor’s fiscal year unless otherwise approved by the Entity in writing.
22.5. The Contractor shall provide to the Entity a corrective action plan for any audit findings
within thirty (30) days of having received the auditor’s report. Failure to fulfill this
requirement may result in corrective action, including withholding payment until the
financial information or audit is received by the Entity.
22.6. If there is no audit requirement, the Contractor shall submit to the Entity semi-annual
financial reports based upon the mid-point and end of the Contractor’s fiscal year. These
reports shall be submitted within forty-five days of the mid-point and end of the
Contractor’s fiscal year. The financial reports shall include:
23.6.1. Non-Profit Contractors - A Statement of Financial Position, Statement of
Activities, Statement of Changes in Net Assets, and Statement of Cash Flows.
23.6.2. For-Profit Contractors - A Balance Sheet, Income Statement, and Statement of
Cash Flows.
23.6.3. Public Entities are exempt from the semi-annual financial reporting requirement.
23.6.4. The Entity may waive the semi-annual reporting requirement in writing if the
Contractor’s total contract amount is less than $25,000 or if this Contract is a
Personal/Professional Services contract.
23. GRIEVANCE AND COMPLAINT PROCEDURES
If required by a granting agency, the Contractor shall have a grievance procedure and a complaint
procedure. Both procedures shall be in writing and shall include timelines for filing a grievance or
a complaint. The complaint procedure shall be developed in compliance with federal law regarding
discrimination and include timelines for response or action and shall be available to any individual
requesting a copy. The grievance process should include both formal and informal process steps,
including an arbitration process, if needed. The Entity shall be notified when a grievance requires
formal arbitration. Upon request by the Entity, Entity shall review and approve the Contractor’s
grievance and complaint procedures.
24. INDEMNIFICATION
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24.1. The Contractor does release, indemnify, and promises to defend and hold harmless the
Entity, its elected officials, officers, employees, and agents from and against any and all
liability, loss, damages, expense, action, and claims. This includes costs and reasonable
attorney's fees incurred by the Entity, its elected officials, officers, employees and agents
in defense thereof, asserting or arising, directly or indirectly, from of the performance of
services pursuant to this Contract.
24.2. The Contractor specifically agrees to indemnify and hold harmless the Entity from any and
all bodily injury claims brought by employees of the Contractor and expressly waives its
immunity under the Industrial Insurance Act as to those claims that are brought against the
Entity. This waiver has been mutually negotiated by the Contractor and the Entity.
This paragraph does not purport to indemnify the Entity against the liability for damages
arising out of bodily injuries or damages caused by or resulting from the gross negligence
of the Entity, its elected officials, officers, employees, and agents.
24.3 The Contractor’s obligations under this section survive termination of the Contract and
shall remain in full force and effect for ten (10) years after termination of the Contract.
25. INSURANCE
At the execution of this Contract, the Contractor shall provide the Entity with proof of the
following insurance coverage. Proof shall be on an ACORD Certificate(s) of Liability Insurance.
Each certificate shall show the coverage, deductible, and policy period.
25.1. COMMERCIAL GENERAL LIABILITY
$1,000,000 in annually renewing occurrence-based Commercial General Liability (CGL)
coverage or a Business Owners Policy (BOP) showing the broker of record, insurance
limits, and renewal dates. The insurance must be maintained throughout the term of this
Contract. In no event shall the deductible exceed $5,000. A “Claims-Made Policy” is not
acceptable. In the case where the underlying insurance policy is expended due to excessive
defense and/or indemnity claims before renewal, the Contractor warrants and guarantees
the coverage limits, to include indemnity and defense up to the listed limit, from its own
resources regardless of coverage status due to cancellation, reservation of rights, or any
other no-coverage-in-force reason. Coverage shall not contain any endorsements excluding
nor limiting product/completed operations, contractual liability, or cross liability. The
Contractor agrees that its policy is primary and waives its right of subrogation.
Contractor agrees to endorse the Entity as an “Additional Insured” on the CGL or BOP
policy with the following or similar endorsement providing equal or broader additional
insured coverage: the CG2026 07 04 Additional Insured - Designated Person or
Organization endorsement, or the CG2010 10 01 Additional Insured - Owners, Contractor,
or the CG2010 07 04 Contractor, or Contractor endorsement, including the “Additional
Insured” endorsement of CG2037 10 01 Additional Insured - Owners, Contractor -
Completed Operations, which shall be required to provide back coverage for the
Contractor’s “your work” as defined in the policy and liability arising out of the products-
completed operations hazard. The Additional Insured Endorsement shall include Chelan
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County, Douglas County, Grant County, Okanogan County, City of Wenatchee, City of
East Wenatchee and the City of Moses Lake.
25.2. AUTOMOBILE LIABILITY
If vehicles are to be used in the performance of work under this Contract, the Contractor
shall provide the Entity with proof of $1,000,000 in annually renewing occurrence-based
automobile coverage for all owned, used, or leased vehicles. The insurance must be
maintained throughout the term of this Contract. If vehicles are not used, the Contractor
shall provide the Entity with a written declaration on company letterhead, that no vehicles
will be used in the performance of the Contract.
25.3. FIDELITY INSURANCE
If the Contractor receives $10,000 or more per year in funding from a granting agency, the
Contractor shall provide the Entity with proof of Fidelity Insurance. The insurance must
be maintained throughout the term of this Contract. Every officer, director, employee, or
agent who is authorized to act on behalf of the Contractor for the purpose of receiving or
depositing funds, or for issuing financial documents, checks, or other instruments of
payment shall be insured to provide protection against loss. The amount of Fidelity
coverage secured shall be either $100,000 or the highest planned reimbursement for the
contract period, whichever is lowest. Fidelity Insurance secured pursuant to this paragraph
shall name Chelan County, Douglas County, Grant County, Okanogan County, City of
Wenatchee, City of East Wenatchee and the City of Moses Lake as beneficiaries.
25.4. ADDITIONAL INSURANCE REQUIREMENTS
All insurers must have an A.M. Best’s Rating of A-VII or better. The Contractor shall
provide its own insurance protection at its own expense for any property (contents or
personal property) maintained on its premises. In addition, Contractor shall insure the real
property and all fixtures and improvements for its full insurable replacement value against
loss or damage by fire and other hazards included within the term “extended coverage.”
All policies and renewals on the real property shall be in a form and with a carrier
acceptable to the Entity.
26. INTERPRETATION OF CONTRACT
This Contract contains the General Terms and Conditions agreed upon by the parties. In the event
of an inconsistency or conflict appearing in this Contract, the following provisions apply:
26.1. The order of precedence is as follows:
26.1.1. Federal statutes and regulations
26.1.2. State statutes and regulations
26.1.3. Statement(s) of Work
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26.1.4. Special Terms and Conditions
26.1.5. General Terms and Conditions
26.2. Where a term of these General Terms and Conditions conflicts with a term of an
associated contract, the term of the associated contract controls. If such interpretation
would violate a federal or state statute or contract agreement, the term shall be interpreted
in a manner to comply with federal and state statutes and contract agreements.
27. LICENSING AND PROGRAM STANDARDS
The Contractor agrees to comply with all applicable federal, state, County, or municipal standards
for licensing, certification, and operation of facilities and program, accreditation and licensing of
individuals, and for any other applicable standards or criteria as specified in this Contract. The
loss of any required accreditation license or other certificate shall be promptly reported to the
Entity. The loss of a required license, certification, and/or accreditation will be grounds for
termination of a contract by the Entity if the presence of the license or certificate is a legal
prerequisite to performing a Contract service.
28. LIMITED ENGLISH PROFICIENCY
The Contractor shall comply with Executive Order No. 13166 and take necessary and appropriate
actions to ensure that persons with Limited English Proficiency (LEP) have meaningful access
and equal opportunity to participate in services, activities, programs, and other benefits associated
with this Contract.
29. NON-APPROPRIATION
29.1. In the event that funding to the Entity from state, federal, or other sources is withdrawn,
reduced, or limited in any way after the effective date of a contract and prior to its normal
completion, the Entity may immediately terminate this Contract in whole or in part by
providing the Contractor notice.
29.2. Any notice required to be given pursuant to the terms of this section shall be in writing
and shall be sent by certified or registered mail, return receipt requested, postage prepaid,
or by hand-delivery, to the receiving party at the address listed on the signature page or
at any other address of which a party has given notice. Notice shall be deemed given on
the date of delivery or refusal as shown on the return receipt if delivered by mail, or the
date upon which such notice is personally delivered in writing.
30. NON-SUBSTITUTION FOR LOCAL FUNDING
The Contractor shall not use funds provided under this Contract to supplant local, state, or other
federal funds. The Contractor shall not use these funds to replace funding that would otherwise
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be made available to the Contractor had this funding not been provided.
31. PAY EQUITY
The Contractor agrees to ensure that “similarly employed” individuals in its workforce are
compensated as equals, consistent with the following:
31.1. Employees are “similarly employed” if the individuals work for the same employer, the
performance of the job requires comparable skill, effort, and responsibility, and the jobs
are performed under similar working conditions. Job titles alone are not determinative of
whether employees are similarly employed;
31.2. Contractor may allow differentials in compensation for its workers if the differentials are
based in good faith and on any of the following:
31.2.1. A seniority system; a merit system; a system that measures earnings by
quantity or quality of production; a bona fide job-related factor or factors; or a
bona fide regional difference in compensation levels.
31.2.2. A bona fide job-related factor or factors may include, but not be limited to,
education, training, or experience that is: consistent with business necessity;
not based on or derived from a gender-based differential; and accounts for the
entire differential.
31.2.3. A bona fide regional difference in compensation level must be: consistent with
business necessity; not based on or derived from a gender-based differential;
and account for the entire differential.
32. PAYMENT PROVISIONS
32.1. PROVISIONS FOR ALL CONTRACTS
32.1.1. No payment to the Contractor shall be made for any service performed by the
Contractor that is not within the scope of this Contract.
32.1.2. In the event that federal, state, County, City or independent auditors determine
that the Contractor has requested and received payment from the Entity for
expenses or services that are outside the scope of a contract and/or not allowed
by law, the Entity may withhold or suspend payment to the Contractor until such
time as disallowed costs are recovered and any corrective action process has
been completed. The withholding or suspension of payment under this
subsection is not cause for termination of the Contract by Contractor.
32.1.3. The Contractor may be required to submit invoices on a Chelan County-
approved form accompanied by required reports and documentation.
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32.1.4. Invoices shall be submitted to the Fiscal Agent no later than the 15th of the
second month of that contract year for annual payment.
32.1.5. Chelan County, as the fiscal agent for the Entity, will make payment to
Contractor as soon as practicable but not more than thirty (30) days after an
invoice is received and approved by the Entity unless other payment
arrangements are approved by the Entity.
32.1.6. For services that are also funded by a third party, the Contractor shall provide
copies of invoices and/or contracts/SOWs on a quarterly basis in October,
January, April, and July, or upon request by an Entity member.
32.1.7. The Contractor agrees to allow the Entity to make adjustments to the budget
lines and/or project schedule of this Contract when necessary and in the interests
of the Contractor and the Entity, provided the total contract amount remains
unchanged.
33. PROVISIONS FOR COST REIMBURSEMENT CONTRACTS
PAYMENT PROVISIONS
In addition to the payment provisions listed in the County Services General
Terms and Conditions, the following shall apply:
33.1.1. Annual funding amounts for this Contract shall be communicated to Contractor in
writing and are contingent upon the County’s receipt of funding.
33.1.2. First year funding for the period 07/01/24 – 06/30/25 shall not exceed
$426,519.64
33.1.3. Funds may be rolled-over from previous periods.
33.1.4 Contractor shall manage program costs so that reimbursement requests do
not exceed approved funding.
33.1.5. Contractor shall be paid annually. The allowable administrative
rate is ten percent (10%) of the annual program costs listed in the Budget Summary
and will be deducted from the total annual scope of work allocation.
33.1.6. County may withhold payment to the Contractor if deliverable and reporting
requirements are not met.
33.3. PROVISIONS FOR FEE-FOR-SERVICE CONTRACTS
33.3.1. Invoices shall adequately identify services being billed, the month and year of
service, the contract number, and be categorized by statement of work/work
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order.
33.3.2. When the Contract ends, the Contractor must submit a final request for payment
within thirty (30) days following the end date.
34. PROHIBITION AGAINST POLITICAL ACTIVITY AND RELIGIOUS ACTIVITY
34.1. The Contractor shall not use contract funds or identify contract funds in a manner
supporting any partisan or nonpartisan political activity, nor for any activity to provide
voters or prospective voters with transportation to the polls or similar assistance in
connection with any such election or any voter registration activity.
34.2. The Contractor shall not use contract funds to support inherently religious activities such
as religious instruction, worship, or proselytization. Contractor must take steps to
separate, in time or location, inherently religious activities from the services funded under
this Contract.
34.3. The Contractor agrees that no contract funds provided nor personnel employed under this
Contract shall be in any way or to any extent engaged in the conduct of political activities
in violation of the Hatch Act, Chapter 15 of Title V, United States Code.
35. PROTECTION OF INDIVIDUAL RIGHTS
35.1. Each individual party that makes up the Entity is an equal opportunity employer.
35.2. The Contractor shall comply with all federal, state, and local laws prohibiting
discrimination on the basis of age, sex, sexual orientation, gender identity, marital status,
race, color, national origin, religion, disability, or familial status.
35.3. In the event of the Contractor’s non-compliance or refusal to comply, the Entity may
terminate this Contract in whole or in part.
36. RECORDS RETENTION
37.1. Required records shall be retained by Contractor for a period of at least six (6) years from
the expiration or termination date of this Contract except as follows:
37.1.1. Records that are the subject of audit finding or a legal proceeding shall be
retained for the minimum period or until such audit findings or legal
proceeding has been resolved, whichever is later.
37.1.2. Records for real property and equipment shall be retained for the minimum
period from the date of disposition, replacement, or transfer at the direction of
the Entity.
37.1.3. Any record with a longer retention schedule for purposes of public records
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disclosure shall be retained as required by the Revised Code of Washington
(RCW).
37.2. If requested by the Entity and to the extent allowed by law, at the end of the records
retention period Contractor shall return confidential information to the Entity or certify in
writing the destruction of the confidential information.
37.3 Contractor acknowledges that each party the makes up the Entity is a public agency that
must comply with the Public Records Act (Chapter 42.56 RCW). Contractor agrees and
authorizes this Contract to be released, without notice to Contractor, by any party that
makes up the Entity if that party receives a public records request where this Contract is a
response record.
38. RECOVERY OF PAYMENT
If the Entity makes payment for goods or services that were claimed in error or were not allowable
costs under the terms of this Contract, the Contractor shall repay the Entity promptly and fully
cooperate with the Entity in its recovery efforts.
39. RELATIONSHIP OF THE PARTIES
The Contractor, its agents, employees, officers, or representatives, are not employees, agents, or
representatives of the Entity (including any party that makes up the Entity) for any purpose, and
the employees of the Contractor are not entitled to any of the benefits the Entity provides for it
respective employees. The Contractor shall be solely and entirely responsible for its acts and for
the acts of its agents, employees, subcontractors, or others during the performance of any contract.
The Entity shall not be responsible for the payment of federal taxes, Social Security taxes, or Labor
and Industries contributions for the Contractor. This Contract is executed for the benefit of the
parties and the public generally. It is not intended nor may it be construed to create any third party
beneficiaries.
40. EQUITY, INCLUSION, AND ANTI-RACISM
Contractor must evaluate their activities under this Contract, and be as equitable and inclusive as
possible, ensuring contracted services are being fully utilized and accessed by all the population
groups that need them within the Entity’s jurisdictional boundaries, to include historically
underserved communities such as black, indigenous, and people of color. To do this, the Contractor
shall, at minimum:
40.1. Identify all the groups in the Entity’s jurisdictional boundaries that need the services to be
offered, paying particular attention to historically underserved populations.
40.2. Center the voices of those who will be impacted or served by the actions, activities, or
policies implemented through this contract, particularly the voices of historically
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underserved groups; and allowing those voices to shape and influence the conduct of
contracted activities.
40.3. Track demographics, service delivery, and outcomes in the Contract to see inequities and
disproportionality in access and delivery of contracted services when it occurs, and actively
take steps to correct inequities found.
41. SEVERABILITY
It is understood and agreed by the Contractor and the Entity that if any part, term, or provision of
this Contract is held by a court of competent jurisdiction to be illegal, the validity of the remaining
provisions shall not be affected, and the rights and obligations of the parties shall be construed and
enforced as if the Contract did not contain the particular provision held to be invalid. If deletion
of the invalid provision substantially alters the intent, purpose, or effect of the Contract, or
constitutes a failure of consideration, the Contract may be immediately rescinded or terminated by
the Entity. Nothing herein contained shall be construed as giving precedence to provisions of this
Contract, any Statement of Work, or any subcontract, over any provision of the law.
42. STANDARDS FOR FISCAL ACCOUNTABILITY
42.1. Contractor shall establish a proper accounting system in accordance with generally
accepted accounting standards or Entity directives; provided that such directives comply
with Generally Accepted Accounting Principles (GAAP) or Governmental Generally
Accepted Accounting Principles (GGAAP).
42.2. If required by the State of Washington or by this Contract, the Contractor shall maintain
books, records, documents, and accounting procedures and practices that accurately reflect
all direct and indirect costs and income related to the performance of each contract. Such
fiscal books, records, documents, reports, and other data shall be retained in a manner
consistent with the "Budgeting, Accounting, Reporting System for Counties and Cities,
and Other Local Governments," hereinafter referred to as "BARS," or equivalent
accounting method, to allow costs to be tracked to specific revenue sources.
42.3. The Entity shall have the right to monitor and audit Contractor’s fiscal components to
ensure that actual expenditures remain consistent with the terms of this Contract.
43. SURVIVABILITY
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance, cancellation, or termination of this Contract
shall so survive. Examples of terms that survive are records retention, fiscal audit, and
indemnification requirements, as well as affordability requirements included in many HUD-
funded contracts.
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44. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
44.1. For any Contract funded, in whole or in part, with federal funds subject to Title VI of the
Civil Rights Act of 1964, as amended, the following term applies:
Contractor shall comply with Title VI of the Civil Rights Act of 1964, which prohibits
Contractors of federal financial assistance from excluding from a program or activity,
denying benefits of, or otherwise discriminating against a person on the basis of race, color,
or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the
Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference
and made a part of this contract (or agreement). Title VI also includes protection to persons
with “Limited English Proficiency” in any program or activity receiving federal financial
assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s
Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part
of this contract or agreement.
45. TOBACCO SMOKE
By signing this Contract, the Contractor certifies that it complies with 20 U.S.C. 7183, also known
as the “Pro-Children Act of 1994,” by not allowing smoking in any portion of any indoor structure
routinely owned or leased or contracted by the Contractor and used routinely or regularly for
provision of health, day care, education, or library services to children under the age of 18, if the
services are funded by federal programs either directly or through state or local governments, by
federal grant, contract, loan, or loan guarantee. The law does not apply to children's services
provided in private residences, facilities funded solely by Medicare or Medicaid funds, and
portions of facilities used for inpatient drug or alcohol treatment.
The United States Public Health Services (PHS) strongly encourages all grant recipients and
contractors to provide a smoke-free workplace and promote the non-use of tobacco products. This
is consistent with the PHS mission to protect and advance the physical and mental health of the
American people.
46. TRAVEL
All mileage reimbursement requests shall include date, location, and event documentation or an
event description, and mileage and rates. Payment for travel expenses will be made on a
reimbursement basis only.
46.1. The following travel related expenses are allowable costs if incurred in conjunction with
travel for the performance of work under contract with Entity.
46.1.1. Actual costs of air, bus, train, taxi, tolls, car rentals and parking fees. Personal
automobile usage will be reimbursed at the prevailing rate per mile published by
the IRS for business use. An itemized receipt, which must be provided to the
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Entity, is required with each reimbursement request.
46.1.2. Mileage shall be calculated from the Contractor’s business location to the travel
destination. In instances where personal automobile usage exceeds the cost of
airfare, reimbursement will be limited to the cost of traveling to the same
destination by coach/economy class airfare. An itemized receipt, which must be
provided to the Entity, is required with each reimbursement request.
46.1.3. The actual cost of hotel accommodations at the single occupancy rate is an
allowable expense when traveling on business required under this Contract. The
lowest possible rate should be requested. An itemized receipt, which must be
provided to the Entity, is required with each reimbursement request.
46.1.5. Other reasonable and ordinary expenses that are related to the performance of
the Contract and incurred by the Contractor while on official business. Examples
of these costs are registration fees, expedited shipping, and specialized software
subscriptions. Itemized receipts are required to be provided to the Entity.
47. WAIVER OF DEFAULT
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Contract.
EXHIBIT A
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EXHIBIT A TO CONTRACT
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, including any bankruptcy court, 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 Regional Abatement Advisory Councils in
Section E.
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.
EXHIBIT A
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15. “Trustee” shall mean an independent trustee who shall be
responsible for the ministerial task of releasing Opioid Funds that are in 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 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
EXHIBIT A
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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, the default mechanism for allocation, distribution and management
of Opioid Funds described in Section C.4.a will apply.
3. King County’s Regional Agreement is reflected in Exhibit C to this
MOU.
4. All other Allocation Regions that have not specified in this MOU a
methodology for allocating, distributing and managing Opioid Funds, will apply
the following default methodology:
a. Opioid Funds shall be allocated within each 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 Participating
Counties and the Participating Cities or Towns within the Counties based
on a default allocation formula. As set forth above in 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 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
EXHIBIT A
34
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
redistributed to Participating Counties in the manner directed
in C.4.a above.
EXHIBIT A
35
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.
ii. Annual review of expenditure reports from
Participating Local Jurisdictions within the Allocation
EXHIBIT A
36
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, so long as such sharing, pooling, or collaboration is
used for Approved Purposes and complies with the terms of this MOU and
any Settlement.
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
EXHIBIT A
37
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
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.
EXHIBIT A
38
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.
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
EXHIBIT A
39
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
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
EXHIBIT A
40
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]
EXHIBIT A
41
This One Washington Memorandum of Understanding Between Washington
Municipalities is signed this day of March, 2022 by:
EXHIBIT A
42
EXHIBIT B TO CONTACT
(ALSO IS EXHIBIT A TO ONE WA MOU)
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
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
PART ONE: TREATMENT
EXHIBIT A
43
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
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
tele-mentoring 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.
EXHIBIT A
44
2. Provide counseling, peer-support, recovery case management and residential treatment
with access to medications for those who need it to persons with OUD and any co-
occurring SUD/MH conditions, co-usage, and/or co-addiction.
3. 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.
EXHIBIT A
45
3. Provide training and long-term implementation of SBIRT in key systems (health,
schools, colleges, criminal justice, and probation), with a focus on youth and young
adults when transition from misuse to opioid disorder is common.
4. 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,
EXHIBIT A
46
prevention, and recovery services for persons with OUD and any co- occurring
SUD/MH conditions, co-usage, and/or co-addiction.
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.
EXHIBIT A
47
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.
EXHIBIT A
48
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.
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.
PART TWO: PREVENTION
EXHIBIT A
49
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
EXHIBIT A
50
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.
EXHIBIT A
51
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
PART THREE: OTHER STRATEGIES
EXHIBIT A
52
strategies to abate the opioid epidemic described in this opioid abatement strategy list
(e.g., health care, primary care, pharmacies, PDMPs, etc.).
L. RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:
1. Monitoring, surveillance, and evaluation of programs and strategies described in this
opioid abatement strategy list.
2. Research non-opioid treatment of chronic pain.
3. Research on improved service delivery for modalities such as SBIRT that demonstrate
promising but mixed results in populations vulnerable to opioid use disorders.
4. Research on innovative supply-side enforcement efforts such as improved detection of
mail-based delivery of synthetic opioids.
5. Expanded research on swift/certain/fair models to reduce and deter opioid misuse
within criminal justice populations that build upon promising approaches used to
address other substances (e.g. Hawaii HOPE and Dakota 24/7).
6. Research on expanded modalities such as prescription methadone that can expand
access to MAT.
EXHIBIT A
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
EXHIBIT C TO CONTRACT
Local Distr. Exhibit
G
Settlement Alternatives
County Government Allocation $250M $375M $500M
Adams County
Adams County 0.1638732475% $409,683 $614,525 $819,366
Hatton
Lind
Othello
Ritzville
Washtucna
County Total: 0.1638732475% $409,683 $614,525 $819,366
Asotin County
Asotin County 0.4694498386% $1,173,625 $1,760,437 $2,347,249
Asotin
Clarkston
County Total: 0.4694498386% $1,173,625 $1,760,437 $2,347,249
Benton County
Benton County 1.4848831892% $3,712,208 $5,568,312 $7,424,416
Benton City
Kennewick 0.5415650564% $1,353,913 $2,030,869 $2,707,825
Prosser
Richland 0.4756779517% $1,189,195 $1,783,792 $2,378,390
West Richland 0.0459360490% $114,840 $172,260 $229,680
County Total: 2.5480622463% $6,370,156 $9,555,233 $12,740,311
Chelan County
Chelan County^ 0.7434914485% $1,858,729 $2,788,093 $3,717,457
Cashmere
Chelan
Entiat
EXHIBIT A
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
Leavenworth
Wenatchee 0.2968333494% $742,083 $1,113,125 $1,484,167
County Total: 1.0403247979% $2,600,812 $3,901,218 $5,201,624
Clallam County
Clallam County^ 1.3076983401% $3,269,246 $4,903,869 $6,538,492
Forks
Port Angeles 0.4598370527% $1,149,593 $1,724,389 $2,299,185
Sequim
County Total: 1.7675353928% $4,418,838 $6,628,258 $8,837,677
EXHIBIT A
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
Local Distr. Exhibit
G
Settlement Alternatives
County Government Allocation $250M $375M $500M
Clark County
Clark County^ 4.5149775326% $11,287,444 $16,931,166 $22,574,888
Battle Ground 0.1384729857% $346,182 $519,274 $692,365
Camas 0.2691592724% $672,898 $1,009,347 $1,345,796
La Center
Ridgefield
Vancouver^ 1.7306605325% $4,326,651 $6,489,977 $8,653,303
Washougal 0.1279328220% $319,832 $479,748 $639,664
Woodland***
Yacolt
County Total: 6.7812031452% $16,953,008 $25,429,512 $33,906,016
Columbia County
Columbia County 0.0561699537% $140,425 $210,637 $280,850
Dayton
Starbuck
County Total: 0.0561699537% $140,425 $210,637 $280,850
Cowlitz County
Cowlitz County 1.7226945990% $4,306,736 $6,460,105 $8,613,473
Castle Rock
Kalama
Kelso 0.1331145270% $332,786 $499,179 $665,573
Longview 0.6162736905% $1,540,684 $2,311,026 $3,081,368
Woodland***
County Total: 2.4720828165% $6,180,207 $9,270,311 $12,360,414
Douglas County
Douglas County 0.3932175175 $983,044 $1,474,566 $1,966,088
EXHIBIT A
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
%
Bridgeport
Coulee Dam***
East Wenatchee 0.0799810865% $199,953 $299,929 $399,905
Mansfield
Rock Island
Waterville
County Total: 0.4731986040% $1,182,997 $1,774,495 $2,365,993
Ferry County
Ferry County 0.1153487994% $288,372 $432,558 $576,744
Republic
County Total: 0.1153487994% $288,372 $432,558 $576,744
EXHIBIT A
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
Local Distr. Exhibit
G
Settlement Alternatives
County Government Allocation $250M $375M $500M
Franklin County
Franklin County^ 0.3361237144% $840,309 $1,260,464 $1,680,619
Connell
Kahlotus
Mesa
Pasco 0.4278056066% $1,069,514 $1,604,271 $2,139,028
County Total: 0.7639293210% $1,909,823 $2,864,735 $3,819,647
Garfield County
Garfield County 0.0321982209% $80,496 $120,743 $160,991
Pomeroy
County Total: 0.0321982209% $80,496 $120,743 $160,991
Grant County
Grant County 0.9932572167% $2,483,143 $3,724,715 $4,966,286
Coulee City
Coulee Dam***
Electric City
Ephrata
George
Grand Coulee
Hartline
Krupp
Mattawa
Moses Lake 0.2078293909% $519,573 $779,360 $1,039,147
Quincy
Royal City
Soap Lake
Warden
Wilson Creek
County Total: 1.2010866076% $3,002,717 $4,504,075 $6,005,433
EXHIBIT A
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
Local Distr. Exhibit
G
Settlement Alternatives
County Government Allocation $250M $375M $500M
Grays Harbor County
Grays Harbor County 0.9992429138% $2,498,107 $3,747,161 $4,996,215
Aberdeen 0.2491525333% $622,881 $934,322 $1,245,763
Cosmopolis
Elma
Hoquiam
McCleary
Montesano
Oakville
Ocean Shores
Westport
County Total: 1.2483954471% $3,120,989 $4,681,483 $6,241,977
Island County
Island County^ 0.6820422610% $1,705,106 $2,557,658 $3,410,211
Coupeville
Langley
Oak Harbor 0.2511550431% $627,888 $941,831 $1,255,775
County Total: 0.9331973041% $2,332,993 $3,499,490 $4,665,987
Jefferson County
Jefferson County^ 0.4417137380% $1,104,284 $1,656,427 $2,208,569
Port Townsend
County Total: 0.4417137380% $1,104,284 $1,656,427 $2,208,569
EXHIBIT A
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
Local Distr. Exhibit
G
Settlement Alternatives
County Government Allocation $250M $375M $500M
King County
King County^ 13.9743722662% $34,935,931 $52,403,896 $69,871,861
Algona
Auburn*** 0.2622774917% $655,694 $983,541 $1,311,387
Beaux Arts Village
Bellevue 1.1300592573% $2,825,148 $4,237,722 $5,650,296
Black Diamond
Bothell*** 0.1821602716% $455,401 $683,101 $910,801
Burien 0.0270962921% $67,741 $101,611 $135,481
Carnation
Clyde Hill
Covington 0.0118134406% $29,534 $44,300 $59,067
Des Moines 0.1179764526% $294,941 $442,412 $589,882
Duvall
Enumclaw*** 0.0537768326% $134,442 $201,663 $268,884
Federal Way 0.3061452240% $765,363 $1,148,045 $1,530,726
Hunts Point
Issaquah 0.1876240107% $469,060 $703,590 $938,120
Kenmore 0.0204441024% $51,110 $76,665 $102,221
Kent^ 0.5377397676% $1,344,349 $2,016,524 $2,688,699
Kirkland^ 0.5453525246% $1,363,381 $2,045,072 $2,726,763
Lake Forest Park 0.0525439124% $131,360 $197,040 $262,720
Maple Valley 0.0093761587% $23,440 $35,161 $46,881
Medina
Mercer Island 0.1751797481% $437,949 $656,924 $875,899
Milton***
Newcastle 0.0033117880% $8,279 $12,419 $16,559
Normandy Park
North Bend
EXHIBIT A
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
Pacific***
Redmond 0.4839486007% $1,209,872 $1,814,807 $2,419,743
Renton 0.7652626920% $1,913,157 $2,869,735 $3,826,313
Sammamish 0.0224369090% $56,092 $84,138 $112,185
SeaTac 0.1481551278% $370,388 $555,582 $740,776
Seattle^ 6.6032403816% $16,508,101 $24,762,151 $33,016,202
Shoreline 0.0435834501% $108,959 $163,438 $217,917
Skykomish
Snoqualmie 0.0649164481% $162,291 $243,437 $324,582
Tukwila 0.3032205739% $758,051 $1,137,077 $1,516,103
Woodinville 0.0185516364% $46,379 $69,569 $92,758
Yarrow Point
County Total: 26.0505653608% $65,126,413 $97,689,620 $130,252,827
EXHIBIT A
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
Local Distr. Exhibit
G
Settlement Alternatives
County Government Allocation $250M $375M $500M
Kitsap County
Kitsap County^ 2.6294133668% $6,573,533 $9,860,300 $13,147,067
Bainbridge Island^ 0.1364686014% $341,172 $511,757 $682,343
Bremerton 0.6193374389% $1,548,344 $2,322,515 $3,096,687
Port Orchard 0.1009497162% $252,374 $378,561 $504,749
Poulsbo 0.0773748246% $193,437 $290,156 $386,874
County Total: 3.5635439479% $8,908,860 $13,363,290 $17,817,720
Kittitas County
Kittitas County^ 0.3855704683% $963,926 $1,445,889 $1,927,852
Cle Elum
Ellensburg 0.0955824915% $238,956 $358,434 $477,912
Kittitas
Roslyn
South Cle Elum
County Total: 0.4811529598% $1,202,882 $1,804,324 $2,405,765
Klickitat County
Lewis Co
Chehalis
Morton
Mossyrock
Napavine
Pe Ell
Klickitat County 0.2211673457% $552,918 $829,378 $1,105,837
Bingen
Goldendale
White Salmon
County Total: 0.2211673457% $552,918 $829,378 $1,105,837
unty
Lewis County^ 1.0777377479%
$2,694,344
$4,041,517
$5,388,689
Centralia 0.1909990353% $477,498 $716,246 $954,995
EXHIBIT A
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
Toledo
Vader
Winlock
County Total: 1.2687367832% $3,171,842 $4,757,763 $6,343,684
EXHIBIT A
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
Local Distr. Exhibit
G
Settlement Alternatives
County Government Allocation $250M $375M $500M
Lincoln County
Lincoln County^ 0.1712669645% $428,167 $642,251 $856,335
Almira
Creston
Davenport
Harrington
Odessa
Reardan
Sprague
Wilbur
County Total: 0.1712669645% $428,167 $642,251 $856,335
Mason County
Mason County 0.8089918012% $2,022,480 $3,033,719 $4,044,959
Shelton 0.1239179888% $309,795 $464,692 $619,590
County Total: 0.9329097900% $2,332,274 $3,498,412 $4,664,549
Okanogan County
Okanogan County 0.6145043345% $1,536,261 $2,304,391 $3,072,522
Brewster
Conconully
Coulee Dam***
Elmer City
Nespelem
Okanogan
Omak
Oroville
Pateros
Riverside
Tonasket
Twisp
Winthrop
County Total: 0.6145043345% $1,536,261 $2,304,391 $3,072,522
Pacific County
EXHIBIT A
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
Pacific County 0.4895416466% $1,223,854 $1,835,781 $2,447,708
Ilwaco
Long Beach
Raymond
South Bend
County Total: 0.4895416466% $1,223,854 $1,835,781 $2,447,708
EXHIBIT A
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
Local Distr. Exhibit
G
Settlement Alternatives
County Government Allocation $250M $375M $500M
Pend Oreille County
Pend Oreille County 0.2566374940% $641,594 $962,391 $1,283,187
Cusick
Ione
Metaline
Metaline Falls
Newport
County Total: 0.2566374940% $641,594 $962,391 $1,283,187
Pierce County
San Juan
Pierce County^ 7.2310164020% $18,077,541 $27,116,312 $36,155,082
Auburn*** 0.0628522112% $157,131 $235,696 $314,261
Bonney Lake 0.1190773864% $297,693 $446,540 $595,387
Buckley
Carbonado
DuPont
Eatonville
Edgewood 0.0048016791% $12,004 $18,006 $24,008
Enumclaw*** 0.0000000000% $0 $0 $0
Fife 0.1955185481% $488,796 $733,195 $977,593
Fircrest
Gig Harbor 0.0859963345% $214,991 $322,486 $429,982
Lakewood^ 0.5253640894% $1,313,410 $1,970,115 $2,626,820
Milton***
Orting
Pacific***
Puyallup 0.3845704814% $961,426 $1,442,139 $1,922,852
Roy
Ruston
South Prairie
Steilacoom
Sumner 0.1083157569% $270,789 $406,184 $541,579
Tacoma^ 3.2816374617% $8,204,094 $12,306,140 $16,408,187
University Place 0.0353733363% $88,433 $132,650 $176,867
Wilkeson
County
Total:
12.0345236870
%
$30,086,309 $45,129,464 $60,172,618
County
EXHIBIT A
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
San Juan County^ 0.2101495171% $525,374 $788,061 $1,050,748
Friday Harbor
County Total: 0.2101495171% $525,374 $788,061 $1,050,748
EXHIBIT A
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
Local Distr. Exhibit
G
Settlement Alternatives
County Government Allocation $250M $375M $500M
Skagit County
Skagit County^ 1.0526023961% $2,631,506 $3,947,259 $5,263,012
Anacortes^ 0.1774962906% $443,741 $665,611 $887,481
Burlington^ 0.1146861661% $286,715 $430,073 $573,431
Concrete
Hamilton
La Conner
Lyman
Mount Vernon^ 0.2801063665% $700,266 $1,050,399 $1,400,532
Sedro-Woolley^ 0.0661146351% $165,287 $247,930 $330,573
County Total: 1.6910058544% $4,227,515 $6,341,272 $8,455,029
Skamania County
Skamania County 0.1631931925% $407,983 $611,974 $815,966
North Bonneville
Stevenson
County Total: 0.1631931925% $407,983 $611,974 $815,966
Snohomish County
Snohomish County^ 6.9054415622% $17,263,604 $25,895,406 $34,527,208
Arlington 0.2620524080% $655,131 $982,697 $1,310,262
Bothell*** 0.2654558588% $663,640 $995,459 $1,327,279
Brier
Darrington
Edmonds 0.3058936009% $764,734 $1,147,101 $1,529,468
Everett^ 1.9258363241% $4,814,591 $7,221,886 $9,629,182
Gold Bar
Granite Falls
Index
Lake Stevens 0.1385202891 $346,301 $519,451 $692,601
EXHIBIT A
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
%
Lynnwood 0.7704629214% $1,926,157 $2,889,236 $3,852,315
Marysville 0.3945067827% $986,267 $1,479,400 $1,972,534
Mill Creek 0.1227939546% $306,985 $460,477 $613,970
Monroe 0.1771621898% $442,905 $664,358 $885,811
Mountlake Terrace 0.2108935805% $527,234 $790,851 $1,054,468
Mukilteo 0.2561790702% $640,448 $960,672 $1,280,895
Snohomish 0.0861097964% $215,274 $322,912 $430,549
Stanwood
Sultan
Woodway
County Total: 11.8213083387% $29,553,271 $44,329,906 $59,106,542
EXHIBIT A
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
Local Distr. Exhibit
G
Settlement Alternatives
County Government Allocation $250M $375M $500M
Spokane County
Spokane County^ 5.5623859292% $13,905,965 $20,858,947 $27,811,930
Airway Heights
Cheney 0.1238454349% $309,614 $464,420 $619,227
Deer Park
Fairfield
Latah
Liberty Lake 0.0389636519% $97,409 $146,114 $194,818
Medical Lake
Millwood
Rockford
Spangle
Spokane^ 3.0872078287% $7,718,020 $11,577,029 $15,436,039
Spokane Valley 0.0684217500% $171,054 $256,582 $342,109
Waverly
County Total: 8.8808245947% $22,202,061 $33,303,092 $44,404,123
Stevens County
Stevens County 0.7479240179% $1,869,810 $2,804,715 $3,739,620
Chewelah
Colville
Kettle Falls
Marcus
Northport
Springdale
County Total: 0.7479240179% $1,869,810 $2,804,715 $3,739,620
Thurston County
Thurston County^ 2.3258492094% $5,814,623 $8,721,935 $11,629,246
Bucoda
Lacey 0.2348627221% $587,157 $880,735 $1,174,314
EXHIBIT A
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
Olympia^ 0.6039423385% $1,509,856 $2,264,784 $3,019,712
Rainier
Tenino
Tumwater 0.2065982350% $516,496 $774,743 $1,032,991
Yelm
County Total: 3.3712525050% $8,428,131 $12,642,197 $16,856,263
Wahkiakum County
Wahkiakum County 0.0596582197% $149,146 $223,718 $298,291
Cathlamet
County Total: 0.0596582197% $149,146 $223,718 $298,291
EXHIBIT A
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
Local Distr. Exhibit
G
Settlement Alternatives
County Government Allocation $250M $375M $500M
Walla Walla County
Walla Walla County^ 0.5543870294% $1,385,968 $2,078,951 $2,771,935
College Place
Prescott
Waitsburg
Walla Walla 0.3140768654% $785,192 $1,177,788 $1,570,384
County Total: 0.8684638948% $2,171,160 $3,256,740 $4,342,319
Whatcom County
Whatcom County^ 1.3452637306% $3,363,159 $5,044,739 $6,726,319
Bellingham 0.8978614577% $2,244,654 $3,366,980 $4,489,307
Blaine
Everson
Ferndale 0.0646101891% $161,525 $242,288 $323,051
Lynden 0.0827115612% $206,779 $310,168 $413,558
Nooksack
Sumas
County Total: 2.3904469386% $5,976,117 $8,964,176 $11,952,235
Whitman County
Whitman County^ 0.2626805837% $656,701 $985,052 $1,313,403
Albion
Colfax
Colton
Endicott
Farmington
Garfield
LaCrosse
Lamont
Malden
Oakesdale
Palouse
Pullman 0.2214837491% $553,709 $830,564 $1,107,419
Rosalia
St. John
Tekoa
EXHIBIT A
*** - Local Government appears in multiple counties
^ - Litigating Subdivision listed in Exhibit C to Distributor Settlement Agreement
Uniontown
County Total: 0.4841643328% $1,210,411 $1,815,616
$2,420,822
EXHIBIT A
Regional ILA Establishing NCW-OAC Page 15
of 6
Local Distr. Exhibit
G
Settlement Alternatives
County Government Allocation $250M $375M $500M
Yakima County
Yakima County 1.9388392959% $4,847,098 $7,270,647 $9,694,196
Grandview 0.0530606109% $132,652 $198,977 $265,303
Granger
Harrah
Mabton
Moxee
Naches
Selah
Sunnyside 0.1213478384% $303,370 $455,054 $606,739
Tieton
Toppenish
Union Gap
Wapato
Yakima 0.6060410539% $1,515,103 $2,272,654 $3,030,205
Zillah
County Total: 2.7192887991% $6,798,222 $10,197,333
$13,596,444
EXHIBIT A
Regional ILA Establishing NCW-OAC Page 16
of 6
EXHIBIT D TO CONTRACT
ENTITY’S PRIORITIES GOVERNING THE ALLOCATION OF FUNDS
First Priority -Treatment :
a. Treat Opioid Use Disorder (OUD):
• Improve immediate access to inpatient treatment and Detox (preference is
medically assisted program) with a prioritization of populations who are
unhoused and in the re-entry program.
b. Support People in Treatment and Recovery:
• Improve coordination between systems to improve access to community
resources and housing.
Second Priority - Other areas:
a. First Responders:
• Current and future law enforcement expenditures relating to the opioid
epidemic.
• Educate law enforcement or other first responders regarding appropriate
practices and precautions when dealing with fentanyl or other drugs.
b. Leadership, planning and coordination:
• 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 the treatment or recovery, connecting them to care, or
implementing other strategies to abate the opioid epidemic described in this
opioid abatement strategy list.
Third Priority -Prevention:
a. Prevent over-prescribing and ensure appropriate prescribing and dispensing of
opioids.
b. Prevent misuse of opioids.
c. Prevent overdose deaths and other harms.
EXHIBIT A
Regional ILA Establishing NCW-OAC Page 17
of 6
EXHIBIT E TO CONTRACT
INTERLOCAL AGREEMENT ESTABLISHING NORTH CENTRAL WASHINGTON
OPIOID ABATEMENT COUNCIL
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 :
17md-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."
EXHIBIT A
Regional ILA Establishing NCW-OAC Page 18
of 6
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
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
NCWOAC 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 NCWOAC.
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.
EXHIBIT A
Regional ILA Establishing NCW-OAC Page 19
of 6
6. The NCW-OAC will be responsible for the actions described in Section C.4.j. of
the One WA MOLT. 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.
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
EXHIBIT A
Regional ILA Establishing NCW-OAC Page 20
of 6
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
Attest:
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
EXHIBIT A
Regional ILA Establishing NCW-OAC
Page of 6
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 COUÑYB
EXHIBIT A
Approved this of
Regional ILA Establishing NCW-OAC
Page of 6
Tiana Rowland, Clerk of the Board
4
L) day Of 2023
GRANT COUNTY BOARD OF COMMISSIONERS
Danny Stone, Chair
Attest:
Barb J, Va quez, Clerk f the Board
Approved this day of2023
OKANOGAN COUNTY BOARD OF
COMMISSIONERS
Andy Hover, Chair
Chris Branch, Commissioner
Jim DeTro, Commissioner
Attest:
Lanie Johns, Clerk of the Board
Cindy Carte Commissione
EXHIBIT A
Approved this of
Regional ILA Establishing NCW-OAC
Page of 6
5
day 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
EXHIBIT A
Approved this of
Regional ILA Establishing NCW-OAC
Page of 6
5
EXHIBIT A
Approved this of
Regional ILA Establishing NCW-OAC
Page of 6
Attest:
uny McCor , City Clerk
Approved this day 2023
CITY OF EAST WENATCHEE
Approved this day of2023
CITY OF MOSES LAKE
Kevin Fuhr, Interim City Manager
Attest:
Debbie Burke, City Clerk
6
day 2023
Attest:
aura Leon, City lcrk
EXHIBIT A
NCW-.OAC
CITY OF WENATCHEE
Frank Kuntz, Mayor
Attest:
Tammy McCord, City Clerk
Approved this day of2023
CITY OF EAST WENATCHEE
Jerrilea Crawford, Mayor
Attest:
Laura Leon, City Clerk
Approved this day of2023
CITY OF MOSES LAKE
Kevin Fuhr, Interim City Manager
Attest:
Debbie Eke
Debbie Burke, City Clerk
EXHIBIT A
Approved this of
Regional ILA Establishing NCW-OAC Page of 6
Regional ILA Establishing
Page 6 of 6
Document Ref: 6NNUJ-XVKQL-JPCCT-EM4G3
Page 7
EXHIBIT A
2024-OPIOID-01 - Carelon
Signature Certificate
Reference numbed 6NNUJ-XVKQL-JPCCT-EM4G3
Signer Timestamp
Kevin Fuhr
Email: kfuhr@cityofml.com
Shared via link
Sent: 16 Jun 2023 17:10:53 UTC Viewed: 22 Jun 2023
UTC
Signed. 22 Jun 2023 01:27:36 UTC
Debbie Burke
Email: dburke@cityofml.com
Sent: 16 Jun 2023 UTC
Viewed: 16 Jun 2023 UTC Signed: 22 Jun 2023
UTC Recipient Verification:
'Email verified 16 Jun 2023 19:16:31 UTC
Document completed by all parties on: 22
Jun 2023 19:34:15 UTC
Page 1 of 1
Signed with PandaDoc
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Signature
IP address: 174.216.158.31
Location: Washington, United States
Debbie garke
IP address: 63.135.54.162
Location: Moses Lake, United States
EXHIBIT A
2024-OPIOID-01 - Carelon
EXHIBIT F TO CONTRACT
NCWOAC MEMBER PROPOSAL/BUDGET SUMMARY SHEET
Total Contract Expenses $
BUDGET SUMMARY
Payment Type Description Amount
Installment Program Costs $
Admin $
Total $
BUDGET SUMMARY
Payment Type Description Amount
Installment Program Costs $
Admin $
Total $
BUDGET SUMMARY
Payment Type Description Amount
Installment Program Costs $
Admin $
Total $
EXHIBIT A
2024-OPIOID-01 - Carelon
EXHIBIT G TO CONTRACT
ENTITY FUNDING SUMMARY
FUNDING ENTITY ANNUAL AMOUNT TOTAL AMOUNT
Chelan County $105,733.95 $528,669.74
Douglas County $55,920.54 $279,602.68
Grant County $141,253.82 $706,269.10
Okanogan County $29,779.40 $148,896.99
City of East Wenatchee $3,875.95 $19,379.76
City of Moses Lake $29,555.98 $147,779.90
City of Wenatchee $42,200.00 $302,000.00
CONTRACT TOTAL: $426,519.64 $2,132,598.17
CONTRACTOR 10% (Maximum Allowable) $42,651.96 $213,259.81
EXHIBIT A
2024-OPIOID-01 - Carelon
EXHIBIT A
Resolution 2024-51, NCW OAC agreement with
Carelon Behavioral Health
Final Audit Report 2024-08-21
Created:2024-08-21
By:City Clerk (cityclerk@eastwenatcheewa.gov)
Status:Signed
Transaction ID:CBJCHBCAABAA6HnHBguGCogyg6iI9EePwybmxCOWlk89
"Resolution 2024-51, NCW OAC agreement with Carelon Behavi
oral Health" History
Document created by City Clerk (cityclerk@eastwenatcheewa.gov)
2024-08-21 - 4:07:09 AM GMT
Document emailed to jcrawford@eastwenatcheewa.gov for signature
2024-08-21 - 4:07:49 AM GMT
Email viewed by jcrawford@eastwenatcheewa.gov
2024-08-21 - 3:28:34 PM GMT
Signer jcrawford@eastwenatcheewa.gov entered name at signing as Jerrilea Crawford
2024-08-21 - 3:28:50 PM GMT
Document e-signed by Jerrilea Crawford (jcrawford@eastwenatcheewa.gov)
Signature Date: 2024-08-21 - 3:28:52 PM GMT - Time Source: server
Agreement completed.
2024-08-21 - 3:28:52 PM GMT