HomeMy WebLinkAboutReg 2022-09-19 COMPLETE AGENDA PACKETTukwila City Council Agenda
•••• REGULAR MEETING ❖
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1905
Allan Ekberg, Mayor Councilmembers: + Kathy Hougardy + De'Sean Quinn
David Cline, City Administrator + Kate Kruller + Cynthia Delostrinos Johnson
Thomas McLeod, Council President ❖Mohamed Abdi ❖ Tosh Sharp
THE MEETING WILL
ON-SITE
THE
Monday, September
BE CONDUCTED
PRESENCE WILL
PHONE NUMBER
For Technical
19, 2022;
BOTH ON-SITE AT TUKWILA CITY HALL AND ALSO VIRTUALLY.
BE IN THE COUNCIL CHAMBERS (6200 SOUTHCENTER BOULEVARD).
FOR THE PUBLIC TO PARTICIPATE IN THE MEETING IS:
1-253-292-9750, ACCESS CODE: 670077847#.
Click here to: Join Microsoft Teams Meeting
Support during the meeting call: 1-206-433-7155.
7:00 PM • Ord #2680 • Res #2050
1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL
2. LAND
ACKNOWLEDGEMENT
The City of Tukwila is located on the ancestral lands of the Coast Salish people.
We acknowledge their continuing connections to land, waters and culture.
We pay our respects to their elders past, present and emerging.
3. PUBLIC COMMENTS—
including comment
on items both on and
not on the meeting
agenda
Those wishing to provide public comments may verbally address the City Council
both on-site at Tukwila City Hall or via phone or Microsoft Teams for up to
5 minutes for items both on and not on the meeting agenda.
To provide comment via phone or Microsoft Teams, please email
citycouncil@tukwilawa.gov with your name and topic by 5:00 PM on the meeting
the
date. Please clearly indicate that your message is for public comment during
meeting, and you will receive further instructions.
4. PRESENTATION
National Recognition Day for Prisoners of War (POW)/Missing in
Action (MIA). Burien Elks
Pg.1
5. CONSENT AGENDA
a. Approval of Minutes: 9/12/22 (Special Mtg.)
b. Approval of Vouchers
c. A resolution authorizing the cancellation of outstanding General
Fund claims and payroll checks and Municipal Court checks.
[Reviewed and forwarded to Consent by the Finance and Governance
Committee on 9/12/22.]
d. A resolution ordering the cancellation of past due accounts
receivable. [Reviewed and forwarded to Consent by the Finance and
Governance Committee on 9/12/22.]
e. Authorize the expenditue of $100,000 from the State Seizure
Fund to contribute toward a Valley Special Weapons and Tactics
(VSWAT) armored vehicle. [Reviewed and forwarded to Consent by
the Community Services and Safety Committee on 9/12/22.]
Pg.3
Pg.13
Pg.25
(continued..)
REGULAR MEETING
September 19, 2022
Page 2
6. UNFINISHED
BUSINESS
a. Authorize the Mayor to sign an agreement with Recology King
County, Inc., for 2023-2033 comprehensive garbage, recyclables,
and compostables collection.
b. Authorize the Mayor to sign a contract with Miller Hayashi for the
Test -to -Fit phase for the Public Works Shops Maintenance and
Engineering Building Project, in the amount of $188,727.00.
J> Please refer to 9/12/22 C.O. W. packet. Q
c. Authorize the Mayor to sign the Allocation Agreement and
Participation Form relating to the Local Government Opioid
Settlement to mitigate harm associated with the Pharmaceutical
Supply Chain who manufacture and dispense prescription opioids.
Pg.43
Pg.125
Pg.127
7. NEW BUSINESS
8. REPORTS
a. Mayor
b. City Council
c. Staff - City Administrator Report and
Monthly Construction and Budget Report
Pg.263
9. MISCELLANEOUS
10. EXECUTIVE SESSION
11. ADJOURNMENT
This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities.
Remote Tukwila Council meetings are audio taped (and video taped as of 9/14/20). Available at www.tukwilawa.gov)
WELCOME TO THE TUKWILA CITY COUNCIL MEETING
The Tukwila City Council encourages community participation in the local government process and
welcomes attendance and public comment at its meetings.
MEETING SCHEDULE
Regular Meetings are held at 7:00 p.m. on the 1st and 3rd Mondays of each month. The City Council takes
formal action in the form of motions, resolutions and ordinances at Regular Meetings.
Committee of the Whole Meetings are held at 7:00 p.m. on the 2nd and 4th Mondays of each month. The
City Council considers current issues, discusses policy matters in detail, and coordinates the work of
the Council at Committee of the Whole meetings.
PUBLIC COMMENTS
Members of the public are given the opportunity to address the Council for up to 5 minutes on items both on
and not on the meeting agenda during Public Comments. The City Council will also accept comments on an
agenda item when the item is presented in the agenda, but speakers are limited to commenting once per
item each meeting.
When recognized by the Presiding Officer, please go to the podium if on-site or turn on your microphone if
attending virtually and state your name clearly for the record. The City Council appreciates hearing from you
but may not respond or answer questions during the meeting. Members of the City Council or City staff may
follow up with you following the meeting.
PUBLIC HEARINGS
Public Hearings are required by law before the Council can take action on matters affecting the public
interest such as land -use laws, annexations, rezone requests, public safety issues, etc. The City Council
Rules of Procedure provide the following guidelines for Public Hearings:
1. City staff will provide a report summarizing and providing context to the issue at hand.
2. The proponent shall speak first and is allowed 15 minutes to make a presentation.
3. The opponent is then allowed 15 minutes to make a presentation.
4. Each side is then allowed 5 minutes for rebuttal.
5. After the proponents and opponents have used their speaking time, the Council may ask further
clarifying questions of the speakers.
6. Members of the public who wish to address the Council on the hearing topic may speak for 5
minutes each.
7. Speakers are asked to sign in on forms provided by the City Clerk.
8. The Council may ask clarifying questions of speakers and the speakers may respond.
9. Speakers should address their comments to the City Council.
10. If a large number of people wish to speak to the issue, the Council may limit the total amount of
comment time dedicated to the Public Hearing.
11. Once the Presiding Officer closes the public hearing, no further comments will be accepted, and the
issue is open for Councilmember discussion.
12. Any hearing being held or ordered to be held by the City Council may be continued in the manner as
set forth by RCW 42.30.100.
For more information about the City Council, including its complete Rules of
Procedure, please visit: https://www.tukwilawa.gov/departments/city-council/
National POW/MIA Recognition Day
National POW/MIA Recognition Day was established in 1979 through a proclamation signed by President
Jimmy Carter. Since then, each subsequent president has issued an annual proclamation commemorating the
third Friday in September as National POW/MIA Recognition Day. A national -level ceremony is held on every
National POW/MIA Recognition Day. Traditionally held at the Pentagon, it features members from each
branch of military service and participation from high-ranking officials. In addition to the national -level
ceremony, observances of National POW/MIA Recognition Day are held across the country on military
installations, ships at sea, state capitols, schools and veterans' facilities.
THEIR Sacrifice OUR Pledge
investigate
recover
National
identify
returned
r�?l PO'W/MIA Recognition Day
w ,,..,.-° September 16, 2022 I #theirsacrif ice I www.dpaa.mil
1
2
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
09/19/22
CW
ITEM INFORMATION
ITEM No.
5.C.
3
STAFF SPONSOR: VICKY CARLSEN
ORIGINAL AGENDA DATE: 09/19/22
AGENDA ITEM TITLE Resolution authorizing the cancellation of abandoned or unclaimed property for 2022
reporting.
CATEGORY ❑ Discussion
Mtg Date
❑ Motion
Mtg Date
' Resolution
❑ Ordinance
Mtg Date
❑ Bid Award
NLtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
Altg Date 09/19/22
SPONSOR ❑Council ❑Mayor HR ❑DCD VA Finance Fire TS P&R ❑Police ❑PIF ❑Court
SPONSOR'S The resolution authorized the cancellation of abandoned funds (unclaimed property).
SUMMARY Unclaimed property will be reported to the Department of Revenue (DOR) Unclaimed
Property Section. The Council is being asked to approve the resolution for cancellation of
unclaimed property.
REVIEWED BY ❑ C.O.W. Mtg. ❑ CDN Comm
❑ Trans &Infrastructure ❑ Arts Comm.
DATE: 09/12/22
VA Finance
Comm. ❑ Public Safety Comm.
Comm. ❑ Planning Comm.
CHAIR: QUINN
❑ Parks
COMMITTEE
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Finance
Unanimous Approval; Forward to Consent on 09/19/22
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
MTG. DATE
ATTACHMENTS
9/19/22
Informational Memorandum dated 9/12/22
Resolution in draft form with attachment
Attachment A - 2022 Unclaimed Property Summary Detail Report
Minutes from the Finance Committee meeting 09/12/22
3
4
City of Tukwila
INFORMATIONAL MEMORANDUM
Allan Ekberg, Mayor
TO: Finance & Governance Committee
FROM: Vicky Carlsen, Finance Director
BY: Cindy Wilkins, Fiscal Specialist
CC: Mayor Ekberg
DATE: September 12, 2022
SUBJECT: 2022 Reporting of Abandoned Property to the Washington State
Department of Revenue Unclaimed Property Section
ISSUE
Annual write-off of outstanding and unredeemed accounts payable and payroll claims.
BACKGROUND
Each year by November 1st, the City of Tukwila reports abandoned or unclaimed property that is
owed either to individuals or business vendors to the Washington State Department of Revenue
Unclaimed Property Section and removes these items from the accounting records. All local
governments are required to report unclaimed property except unclaimed restitution. Normal
restitution is then reported each year by the County Treasurer to the State Treasurer.
Current Finance Department policy dictates that all abandoned or unclaimed property be
reported annually to the Washington State Department of Revenue Unclaimed Property Section
through the Council approved resolution process.
DISCUSSION
For the 2022 unclaimed property report year, reporting of abandoned or unclaimed property
totals $8,723.15 comprised of General Fund Accounts Payable Claims checks, Payroll checks,
and Court checks.
To the extent possible, those individuals and businesses with unclaimed accounts payable
claims and payroll checks have been notified by the City through "good faith" effort of being
mailed due diligence letters. These individuals and businesses have either not responded to
the due diligence notifications and/or cannot be located to claim their property.
RECOMMENDATION
The Council is being asked to approve the Resolution declaring the cancellation of unclaimed
General Fund accounts payable claims and payroll checks, and municipal court checks and
consider these items on the Consent Agenda at the September 19, 2022 Regular Council
Meeting.
ATTACHMENTS
Proposed Draft Resolution
2022 Unclaimed Property Summary Report
5
6
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AUTHORIZING THE
CANCELLATION OF OUTSTANDING GENERAL FUND
CLAIMS AND PAYROLL CHECKS AND MUNICIPAL
COURT CHECKS.
WHEREAS, the State of Washington, Department of Revenue Unclaimed Property
Section, for the reporting on year 2021, requires a one-year dormancy period for
outstanding claims and payroll checks issued from the General Government Fund and a
two-year dormancy period for Municipal Court checks; and
WHEREAS, the City of Tukwila Finance Department has made all reasonable
attempts to resolve the outstanding, unredeemed General Fund claims; and
WHEREAS, the City Council of the City of Tukwila wishes to cancel all outstanding,
unclaimed General Fund claims and payroll checks and Municipal Court Checks issued
prior to July 1, 2021;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
The Tukwila City Council authorizes the cancellation of General Fund checks as
detailed on Attachment A, the 2022 Unclaimed Property Summary Detail Report.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2022.
Page 1 of 2
7
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Thomas McLeod, Council President
APPROVED AS TO FORM BY:
Office of the City Attorney
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Attachment A: 2022 Unclaimed Property Summary Report (7/1/2020 — 6/30/2021)
Page 2 of 2
8
Attachment A - 2022 Unclaimed Property Summary Report - Reporting Period 7/20/2020 - 6/30/2021
Accounts Payable
Check #
Date
Vendor
DESC
Dept
INV DATE
INVOICE
AMT
GL Code
PA
..--84311
384311
08/03/2020
003233 WAY BACK INN FOUNDATION
TRANSITNL HOUSING 4/1/20- 6/30/2IADM
07/15/2020
8032017
2,951.06
000.04.557.201.41.00
384720
10/19/2020
020602 HALEY J NORRIS
WITNESS FEE 9/30/20
CRT
09/30/2020
10192053
10.00
000.09.512.500.49.04
384742
10/19/2020
020598 LI TINTING
WITNESS FEE 9/30/20
CRT
09/30/2020
10192052
10.00
000.09.512.500.49.04
384939
11/23/2020
020652 MONESSERRAT ALTAMIRANO
WITNESS FEE 10/28/20
CRT
10/28/2020
6051740
10.00
000.09.512.500.49.04
384962
11/23/2020
020650 ANA G MEDINA CRUZ
WITNESS FEE 10/28/20
CRT
10/28/2020
6051741
10.00
000.09.512.500.49.04
384963
11/23/2020
020653 PETER J MENDIOLA
WITNESS FEE 10/28/20
CRT
10/28/2020
6051742
10.00
000.09.512.500.49.04
385342
01/18/2021
018974 FELICIA EDMONSON KEMP
WITNESS FEE
CRT
11/25/2020
123120202
10.00
000.09.512.500.49.04
385373
01/18/2021
014364 DARRYL KEMP
WITNESS FEE
CRT
11/25/2020
123120207
10.00
000.09.512.500.49.04
385409
01/18/2021
020776 SYLVIA SALMERSON
WITNESS FEE
CRT
12/16/2020
123120208
10.00
000.09.512.500.49.04
385625
03/01/2021
020799 HOPE D CASTANEDA
WITNESS FEE
CRT
01/27/2021
123120202
10.00
000.09.512.500.49.04
385651
03/01/2021
020803 TEMWANI KATUNDU
WITNESS FEE
CRT
01/27/2021
123120203
10.00
000.09.512.500.49.04
385668
03/01/2021
020800 ELIZABETH NAVARRO
WITNESS FEE
CRT
01/27/2021
123120204
10.00
000.09.512.500.49.04
385793
03/22/2021
020840 AGAPITA BORJA
WITNESS FEE
CRT
02/24/2021
3222151
10.00
000.09.512.500.49.04
385794
03/22/2021
020839 JOSE M BORJA
WITNESS FEE
CRT
02/24/2021
3222152
10.00
000.09.512.500.49.04
385804
03/22/2021
020837 JALYNNE M FORSLUN
WITNESS FEE
CRT
02/24/2021
3222154
10.00
000.09.512.500.49.04
385808
03/22/2021
020838 ANDREA B HERNANDEZ
WITNESS FEE
CRT
02/24/2021
3222155
10.00
000.09.512.500.49.04
385829
03/22/2021
020841 RAYMOND J SABLAN
WITNESS FEE
CRT
02/24/2021
3222157
10.00
000.09.512.500.49.04
385980
04/19/2021
020810 ELIZABETH RANIA RAMPERSAD
JUDGE PRO TEM 4/5/21
CRT
04/05/2021
4192110
480.00
000.09.512.500.41.01
386058
05/03/2021
020803 TEMWANI KATUNDU
WITNESS FEE 4/1/21
CRT
04/01/2021
5032161
10.00
000.09.512.500.49.04
386128
05/17/2021
020919 HASSAN YUSUF AHMED
WITNESS FEE 4/29/21
CRT
04/29/2021
5172140
10.00
000.09.512.500.49.04
386175
05/17/2021
020918 CHOMROEUN MELL
WITNESS FEE 4/29/21
CRT
04/29/2021
5172141
10.00
000.09.512.500.49.04
386176
05/17/2021
020921 ELIZABETH MICHEL
WITNESS FEE 4/29/21
CRT
04/29/2021
5172142
10.00
000.09.512.500.49.04
386180
05/17/2021
020917 EDWIN HERNANDEZ MORENO
WITNESS FEE 4/29/21
CRT
04/29/2021
5172143
10.00
000.09.512.500.49.04
386186
05/17/2021
020920 ULISES CENTENO PALOMINO
WITNESS FEE 4/29/21
CRT
04/29/2021
5172144
10.00
000.09.512.500.49.04
386276
06/07/2021
009456 ANGELO ABELLA
INTERPRETER FEE 5/24
CRT
05/24/2021
61126
118.00
000.09.512.500.41.03
11000901.0000.001.
386373
06/21/2021
020948 TALILAGI IERENEO
WITNESS FEE 5/27/21
CRT
05/27/2021
6212162
10.00
000.09.512.500.49.04
386382
06/21/2021
020947 ELIZABETH LAFAELE LAEPOI
WITNESS FEE 5/27/21
CRT
05/27/2021
6212163
10.00
000.09.512.500.49.04
386390
06/21/2021
020952 SUDI M MOHAMEDNUR
WITNESS FEE 5/27/21
CRT
05/27/2021
6212164
10.00
000.09.512.500.49.04
386394
06/21/2021
020951 SANH C NGUYEN
WITNESS FEE 5/27/21
CRT
05/27/2021
6212165
10.00
000.09.512.500.49.04
386400
06/21/2021
020945 RAELA PATTERSON
WITNESS FEE 5/27/21
CRT
05/27/2021
6212166
10.00
000.09.512.500.49.04
385830
03/22/2021
020714 SEATTLE METRO CHAMBER OF COMP
GOLD MUNICIPAL MEMBERSHIP 20:
MAY
04/01/2021
1019471
3,600.00
000.03.558.700.49.00
384390
08/17/2020
003207 WA ST PATROL
BACKGROUND CHECKS - JUL 20
POL
08/05/2020
121000468
66.25
640.237.701
385296
01/04/2021
003207 WA ST PATROL
BACKGROUND CHECKS
POL
08/05/2020
21000468
66.25
640.237.701
385609
03/01/2021
002668 ROBERT ABBOTT
CDL RENEWAL
POL
02/10/2021
3012118
102.00
412.01.538.380.49.00
386069
05/03/2021
020877 VADIM MAMCHICH
5314 S 140TH ST, WATER 0/P
PWM
04/15/2021
UB 02-0697
111.97
640.237.000
386375
06/21/2021
020962 RODNEY JEFFERS
11809 40TH AVE S, WATER 0/P
PWM
06/15/2021
UB 17-0460
20.00
640.237.000
AP Total:
$ 7,785.53
Payroll
Check #
Date
Payee Name
Pay Period Date
Amount
536421
07/24/2020
AFLAC
7/1/2020-7/15/2020
234.85
Payroll Total
$ 234.85
Cort
Qdse #
Date
Payee Name
Description
Amount
9Z0623465
07/17/2019
HAMBERT, PACHARADA KLINPIBUL
OVERPAYMENT
16.00
16.00
CR0065365
09/11/2019
BAGADIONG, JOEL
RESTITUTION
3.02
CR0066085
05/05/2020
CHIU, PEI WAI ROY
RESTITUTION
300.00
CR0067078
08/21/2019
INC, H&M
RESTITUTION
40.75
7Z0958407
09/24/2018
INC, H&M
RESTITUTION
343
686.77
Court Total:
$ 702.77
Total Unclaimed Property:
$ 8,723.15
City of Tukwila
City Council Finance & Governance Committee
Meeting Minutes
September 12, 2022 - 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams
Councilmembers Present: De'Sean Quinn, Chair; Kate Kruller Thomas McLeod
Staff Present: Rachel Bianchi, Laurel Humphrey, Vicky Carlsen
I. BUSINESS AGENDA
A. Resolution: Cancellation of Outstanding General Fund Claims and Payroll Checks
Staff is seeking Council approval of the annual resolution cancelling uncollectable accounts
*receivable in the total amount of $34,324.45.
Committee Recommendation
Unanimous approval. Forward to September 19, 2022 Regular Consent Agenda.
B. Resolution: Cancellation of Past Due Accounts Receivables
Staff is seeking Council approval of the annual resolution writing off outstanding and
unredeemed accounts payable in the total amount of $8,723.15.
Committee Recommendation
Unanimous approval. Forward to September 19, 2022 Regular Consent Agenda.
C. 2023-2024 Budget: Firemen's Pension Fund
Staff presented the proposed budget for Fund 611, Firemen's Pension, which supports seven
retired firefighters.
Committee Recommendation
Forward to September 12, 2022 Committee of the Whole.
D. Resolution: City Property Naming Policy
Staff is seeking Council approval of a resolution adopting an updated policy on naming city -
owned property.
Item(s) for follow-up:
• Remove 75% approval requirement for street renaming
• Add "people of Tukwila" to Section 4(A)(8)
• Add ability for Council to request a recommendation from a specific Board or Commission.
Committee Recommendation
Unanimous approval as amended. Forward to September 26, 2022 Committee of the Whole.
MISCELLANEOUS
The meeting adjourned at 5:56 p.m.
Committee Chair Approval
11
12
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
09/19/22
CW
ITEM INFORMATION
ITEM No.
5.D.
STAFF SPONSOR: VICKY CARLSEN
ORIGINAL AGENDA DATE: 09/19/22
AGENDA ITEM TITLE Resolution Ordering the Cancellation of Past Due Accounts Receivable
CATEGORY ❑ Discussion
Mtg Date
❑ Motion
Mtg Date
' Resolution
❑ Ordinance
Mtg Date
❑ Bid Award
NLtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
Altg Date 09/19/22
SPONSOR ❑Council ❑Mayor HR ❑DCD VA Finance Fire TS P&R ❑Police ❑PIF ❑Court
SPONSOR'S There are certain accounts receivable that have been deemed uncollectible and need to be
SUMMARY removed from the Accounts Receivable ledger. The Council is being asked to consider and
approve the resolution ordering their cancellation.
REVIEWED BY ❑ C.O.W. Mtg. ❑ CDN Comm
❑ Trans &Infrastructure ❑ Arts Comm.
DATE: 09/12/22
VA Finance
Comm. ❑ Public Safety Comm.
Comm. ❑ Planning Comm.
CHAIR: QUINN
❑ Parks
COMMITTEE
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Finance Department
Unanimous Approval; Forward to Regular Meeting Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
MTG. DATE
ATTACHMENTS
9/19/22
Informational Memorandum dated 9/12/22
Resolution in draft form
Attachment A - 2022 Write -Offs
Attachment B - Historical Write -Offs
Minutes from the 9/12/22 Finance and Governance Committee
14
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Finance Committee
FROM: Vicky Carlsen, Finance Director
BY: Cindy Wilkins, Fiscal Specialist
CC: Mayor Ekberg
DATE: 9/12/2022
SUBJECT: Cancellation of Accounts Receivable
ISSUE
Each year a resolution comes before the Council for the cancellation of uncollectable accounts
receivable. For 2022, these items include: False Alarms equaling $27,866.60, Miscellaneous
Billings equals $6,457.85 for a grand total of $34,324.45.
BACKGROUND
The process for tracking accounts receivable is quite thorough. The steps below are followed
prior to preparation of the attached write-off resolution.
• Invoice is sent to the recipient by the Finance Department payable in 30 days.
• If payment is not received within 30 days, the receivable is forwarded to our collection
agency, Armada Corp., and placed into pre -collect status.
• At this time, Armada sends a Delinquency Notice to debtor notifying them of the past -due
status of the receivable and asks them to contact the City to make payment. Payments
can still be made directly to the City while in pre -collect status.
• Once 30 days has passed in pre -collect status, the receivable then rolls over to active
collections. At the onset of active collections, a letter is sent to the debtor notifying them
of status change and advising that all payments must now be made through the
collection agency.
• When in active collections status, debtor is contacted both by phone and letter. A search is
made for assets with which the debt could be satisfied. Once the debt has been in active
collections for 45 days, it is then reported to the national credit bureaus.
• The last process in the collections cycle is the pursuit of legal action. This includes
attaching checking accounts, garnishments and lawsuits.
• It should be noted that while a debt may be written off our books: it is still active in
Armada's collection process.
DISCUSSION
The proposed amount of the 2022 Cancellation of Accounts Receivable is $34,324.45. This is
an annual housekeeping item.
15
INFORMATIONAL MEMO
Page 2
FINANCIAL IMPACT
The financial impact of cancelling $34,324.45 will be to reduce our accounts receivable balance
by this amount. Please note that while we are writing off the accounts receivable for accounting
purposes., the accounts are still being actively worked for collection purposes except for those
accounts where a responsible party cannot be identified. Accounts covered by bankruptcy law
cannot be pursued.
RECOMMENDATION
The Council is being asked to approve the annual resolution authorizing the cancellation
of Accounts Receivable and to forward this item to the Regular Meeting Consent Agenda
of 09/19/22.
ATTACHMENTS
Proposed Draft Resolution
Attachment A — 2022 AR Write -Offs
Attachment B — Historical Write -Offs
16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ORDERING THE
CANCELLATION OF PAST DUE ACCOUNTS
RECEIVABLES
WHEREAS, certain receivables and checks have been deemed uncollectable after
efforts by both the City and a collection agency have been unsuccessful; and
WHEREAS, the City will continue to pursue these receivables when practical;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Miscellaneous Accounts Receivable. The total of $34,324.45 (per Attachment A)
is deemed uncollectable.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2022.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Thomas McLeod, Council President
APPROVED AS TO FORM BY:
Office of the City Attorney
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Page 1 of 1
17
18
Attachment A - 2022 AR Write -Offs
Eden Acct
Customer Name I Inv Date I EDEN (Billing Description
GL Account
Inv Amount
000139 ALLIANCE ONE RECEIVABLES MGMT
06/01/20 RN -00179 ALLIANCE ONE JUN/2020 RENT
MR003100-362500/640-237104
1,049.41
000138 ALLIANCE ONE RECEIVABLES MGMT 05/01/20 RN -00178 ALLIANCE ONE MAY/2020 RENT MC009100-362500/640-237104 1,049.41
000420 INTEGON NATIONAL INSURANCE 11/04/20 PW -00161 CLAIM PAC2019-21
000419 SIMON SEK
G F000100-398000
11/02/20 PW -00160 PAC2019-33 (21901615) GF000100-398000
RYDTRU RYDER TRUCK RENTAL INC 05/22/20 PF -04077 POLICE FALSE ALARM #10 & 11 PD010100-342800
000428 VIRTUAL SPORTS TUKWILA WA LLC 12/01/20 PD -00364 POLICE FALSE ALARM #13 PD010100-342800
RYDTRU RYDER TRUCK RENTAL INC 07/23/20 PF -04101 POLICE FALSE ALARM #15-17 PD010100-342800
RYDTRU RYDER TRUCK RENTAL INC 11/10/20 PD -00311 POLICE FALSE ALARM #19 PD010100-342800
RYDTRU RYDER TRUCK RENTAL INC 11/19/20 PD -00334 POLICE FALSE ALARM #20-21 PD010100-342800
RYDTRU RYDER TRUCK RENTAL INC 12/01/20 PD -00365 POLICE FALSE ALARM #22 PD010100-342800
RYDTRU RYDER TRUCK RENTAL INC 12/23/20 PD -00400 POLICE FALSE ALARM #23-26 PD010100-342800
RYDTRU RYDER TRUCK RENTAL INC 12/31/20 PD -00430 POLICE FALSE ALARM #27 PD010100-342800
000207 CHURCH BY THE SIDE OF THE ROAD 03/13/20 PF -04057 POLICE FALSE ALARM #3 PD010100-342800
000214 US HEALTHWORKS MED GRP OF WA P 03/13/20 PF -04055 POLICE FALSE ALARM #3 PD010100-342800
000237 0 & E LIQUOR LLC 03/13/20 PF -04046 POLICE FALSE ALARM #3 PD010100-342800
000352 SEATTLE'S BEST FLOORS LP 11/19/20 PD -00328 POLICE FALSE ALARM #3 PD010100-342800
000388 AZ TRADING INC 03/13/20 PF -04056 POLICE FALSE ALARM #3 PD010100-342800
000399 TRIPLED PARTNERSHIP 06/11/20 PF -04080 POLICE FALSE ALARM #3 PD010100-342800
000412 KIDDER MATTHEWS 11/30/20 PD -00344 POLICE FALSE ALARM #3 PD010100-342800
000416 MOHAMMED ABAS 10/19/20 PF -04113 POLICE FALSE ALARM #3 PD010100-342800
000421 EMERALD CITY MOVING & STORAGE 11/09/20 PD -00297 POLICE FALSE ALARM #3 PD010100-342800
000427 WINNING CHRISTIAN CENTER 11/10/20 PD -00320 POLICE FALSE ALARM #3 PD010100-342800
000435 COMCAST CABLE COMM MGMTT LLC 12/02/20 PD -00374 POLICE FALSE ALARM #3 PD010100-342800
000444 SHERWIN WILLIAMS COMPANY 12/22/20 PD -00395 POLICE FALSE ALARM #3 PD010100-342800
000446 HOLMES ELECTRIC 12/23/20 PD -00402 POLICE FALSE ALARM #3 PD010100-342800
000450 VERTIV CORPORATION 12/23/20 PD -00407 POLICE FALSE ALARM #3 PD010100-342800
000451 KING CO TRANSIT 12/31/20 PD -00423 POLICE FALSE ALARM #3 PD010100-342800
MENSWE MEN'S WEARHOUSE 12/01/20 PD -00358 POLICE FALSE ALARM #3 PD010100-342800
REGALC REGAL CINEMAS INC 11/30/20 PD -00347 POLICE FALSE ALARM #3 PD010100-342800
RYDTRU RYDER TRUCK RENTAL INC 02/11/20 PF -04043 POLICE FALSE ALARM #3 PD010100-342800
UPSSUP UPS SUPPLY CHAIN SOLUTIONS 12/01/20 PD -00353 POLICE FALSE ALARM #3 PD010100-342800
000211 PETSMART INC #377 11/19/20 PD -00333 POLICE FALSE ALARM #3-4 PD010100-342800
000389 SOUND PAIN ALLIANCE PLLC 03/13/20 PF -04058 POLICE FALSE ALARM #3-4 PD010100-342800
000424 RAINIER CANCER CENTER PLLC 11/10/20 PD -00310 POLICE FALSE ALARM #3-4 PD010100-342800
000426 VIRTUAL SPORTS TUKWILA WA LLC 11/10/20 PD -00319 POLICE FALSE ALARM #3-6 PD010100-342800
000205 GRAINGER 11/30/20 PD -00350 POLICE FALSE ALARM #4 PD010100-342800
000208 CHURCH BY THE SIDE OF THE ROAD 12/02/20 PD -00372 POLICE FALSE ALARM #4 PD010100-342800
000407 RICHARD L NELSON 11/30/20 PD -00345 POLICE FALSE ALARM #4 PD010100-342800
000425 RAINIER CANCER CENTER PLLC 12/31/20 PD -00434 POLICE FALSE ALARM #4 PD010100-342800
000436 COMCAST CABLE COMM MGMTT LLC 12/23/20 PD -00408 POLICE FALSE ALARM #4 PD010100-342800
000447 HOLMES ELECTRIC 12/31/20 PD -00432 POLICE FALSE ALARM #4 PD010100-342800
LEAV LEAVITT MACHINERY USA INC 07/23/20 PF -04100 POLICE FALSE ALARM #4 PD010100-342800
OLDN OLD NAVY LLC 12/31/20 PD -00428 POLICE FALSE ALARM #4 PD010100-342800
UPSSUP UPS SUPPLY CHAIN SOLUTIONS 12/31/20 PD -00420 POLICE FALSE ALARM #4 PD010100-342800
RYDTRU RYDER TRUCK RENTAL INC 03/13/20 PF -04052 POLICE FALSE ALARM #4 - 7 PD010100-342800
000417 MOHAMMED ABAS 12/22/20 PD -00390 POLICE FALSE ALARM #4 - 8 PD010100-342800
000400 TRIPLE D PARTNERSHIP 11/19/20 PD -00326 POLICE FALSE ALARM #4-5 PD010100-342800
JACKSO JACKSON DEAN CONSTRUCTION 12/31/20 PD -00438 POLICE FALSE ALARM #4-5 PD010100-342800
000212 PETSMART INC #378 12/22/20 PD -00399 POLICE FALSE ALARM #5 PD010100-342800
000370 SINGH, TARAN DG FOODS 05/22/20 PF -04075 POLICE FALSE ALARM #5 PD010100-342800
000390 SOUND PAIN ALLIANCE PLLC 07/23/20 PF -04110 POLICE FALSE ALARM #5 PD010100-342800
000411 MADRONA SPECIALTY FOODS LLC 11/10/20 PD -00304 POLICE FALSE ALARM #5 PD010100-342800
2,098.82
779.76
1,615.07
2,394.83
400.00
200.00
600.00
200.00
400.00
200.00
800.00
200.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
150.00
350.00
350.00
350.00
750.00
200.00
200.00
200.00
200.00
200.00
200.00
200.00
200.00
200.00
800.00
1,000.00
400.00
400.00
200.00
200.00
200.00
200.00
Attachment A - 2022 AR Write -Offs
Eden Acct
Customer Name
I Inv Date I EDEN (Billing Description
GL Account
Inv Amount
TUKSVC
GIVING
000371
000410
000194
000411
000427
000151
000390
000412
000442
GIVING
000195
000413
KEYBA2
000441
000369
000193
000423
RYDTRU
000150
000461
TUKWILA SERVICE CENTER
GIVING TREE LEARNING CENTER IN
SINGH, TARAN DG FOODS
HABITAT FOR HUMANITY SEA/KC
SEATTLE CHAR LLC
HABITAT FOR HUMANITY SEA/KC
VIRTUAL SPORTS TUKWILA WA LLC
BURLINGTON COAT FACTORY OF WA
KING LASIK INC PS
HABITAT FOR HUMANITY SEA/KC
MARINERPOLIS USA INC
GIVING TREE LEARNING CENTER IN
SEATTLE CHAR LLC
HABITAT FOR HUMANITY SEA/KC
KEY BANK NATIONAL ASSN
MARINERPOLIS USA INC
SINGH, TARAN DG FOODS
SEATTLE CHAR LLC
LIFE OF DECOR LLC
RYDER TRUCK RENTAL INC
BURLINGTON COAT FACTORY OF WA
JUDGE SMITH
000391 KING LASIK INC PS
11/19/20
11/10/20
06/11/20
11/09/20
06/11/20
11/19/20
11/19/20
12/22/20
12/31/20
12/22/20
12/31/20
12/23/20
07/23/20
12/31/20
11/09/20
12/22/20
04/06/20
04/06/20
11/10/20
04/06/20
04/06/20
12/31/20
PD -00339
PD -00316
PF -04088
PD -00298
PF -04084
PD -00324
PD -00340
PD -00397
PD -00442
PD -00388
PD -00418
PD -00411
PF -04099
PD -00422
PD -00300
PD -00383
PF -04062
PF -04059
PD -00302
PF -04061
PF -04060
PW -00183
POLICE FALSE ALARM #5
POLICE FALSE ALARM #5-7
POLICE FALSE ALARM #6
POLICE FALSE ALARM #6
POLICE FALSE ALARM #7
POLICE FALSE ALARM #7
POLICE FALSE ALARM #7-12
POLICE FALSE ALARM #8
POLICE FALSE ALARM #8
POLICE FALSE ALARM #8
POLICE FALSE ALARM #8
POLICE FALSE ALARM #8
POLICE FALSE ALARM #8 - 10
POLICE FALSE ALARM #9
POLICE FALSE ALARM 3 - 5
POLICE FALSE ALARM 3-7
POLICE FALSE ALARMS #3-4
POLICE FALSE ALARMS #3-5
POLICE FALSE ALARMS #4
POLICE FALSE ALARMS #8-9
POLICE FALSE ALARMS 3-6
PW CLAIM PAC2020-23
PD010100-342800
PD010100-342800
PD010100-342800
PD010100-342800
PD010100-342800
PD010100-342800
PD010100-342800
PD010100-342800
PD010100-342800
PD010100-342800
PD010100-342800
PD010100-342800
PD010100-342800
PD010100-342800
PD010100-342800
PD010100-342800
PD010100-342800
PD010100-342800
PD010100-342800
PD010100-342800
PD010100-342800
G F000100-398000
12/31/20 PM -00139 WO 21840133 6700 FORT DENT WAY PW401801-379002
SEFNCO SEFNCO 10/21/20 PW -00155 WO 22040113
200.00
600.00
200.00
200.00
200.00
200.00
1,200.00
200.00
200.00
200.00
200.00
200.00
600.00
200.00
550.00
950.00
350.00
550.00
200.00
400.00
750.00
6,666.60
27,866.60
96.33
96.33
PW401800-343403 1,867.87
1,867.87
Total Write-offs: 34,324.45
Attachment B - Historical Write -Offs
Resolution 1777
2012
$ 8,777.89
Resolution 1805
2013
$ 30,702.97
Resolution 1843
2014
$ 36,240.62
Resolution 1865
2015
$ 27,887.91
Resolution 1893
2016
$ 47,680.46
Resolution 1916
2017
$ 9,005.25
Resolution 1948
2018
$ 12,832.35
Resolution 1969
2019
$ 53,109.56
Resolution 2001
2020
$ 17,285.74
Resolution 2031
2021
$ 5,492.03
21
22
City of Tukwila
City Council Finance & Governance Committee
Meeting Minutes
September 12, 2022 - 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams
Councilmembers Present: De'Sean Quinn, Chair; Kate Kruller Thomas McLeod
Staff Present: Rachel Bianchi, Laurel Humphrey, Vicky Carlsen
I. BUSINESS AGENDA
A. Resolution: Cancellation of Outstanding General Fund Claims and Payroll Checks
Staff is seeking Council approval of the annual resolution cancelling uncollectable accounts
receivable in the total amount of $34,324.45.
Committee Recommendation
Unanimous approval. Forward to September 19, 2022 Regular Consent Agenda.
B. Resolution: Cancellation of Past Due Accounts Receivables
Staff is seeking Council approval of the annual resolution writing off outstanding and
*unredeemed accounts payable in the total amount of $8,723.15.
Committee Recommendation
Unanimous approval. Forward to September 19, 2022 Regular Consent Agenda.
C. 2023-2024 Budget: Firemen's Pension Fund
Staff presented the proposed budget for Fund 611, Firemen's Pension, which supports seven
retired firefighters.
Committee Recommendation
Forward to September 12, 2022 Committee of the Whole.
D. Resolution: City Property Naming Policy
Staff is seeking Council approval of a resolution adopting an updated policy on naming city -
owned property.
Item(s) for follow-up:
• Remove 75% approval requirement for street renaming
• Add "people of Tukwila" to Section 4(A)(8)
• Add ability for Council to request a recommendation from a specific Board or Commission.
Committee Recommendation
Unanimous approval as amended. Forward to September 26, 2022 Committee of the Whole.
MISCELLANEOUS
The meeting adjourned at 5:56 p.m.
Committee Chair Approval
23
24
COUNCIL AGENDA SYNOPSIS
kJi' C/;. �4 f Initials
ITEM No.
O 40
S
Meeting Date
Prepared by
Mayor's review
Council review
%''
9/19/22
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1908
ITEM INFORMATION
STAFF SPONSOR: ERIC DREVER
ORIGINAL AGENDA DATE: 9/19/22
AGENDA ITEM TITLE Contribution to Valley SWAT Armored Vehicle Purchase
CATEGORY
11
Mtg
Discussion
Date 9/12/22
II Motion
Mtg Date 9/19/22
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R
11
Police ❑ PlC
SPONSOR'S The Valley SWAT Team requires the purchase of an armored vehicle to allow safe covert
SUMMARY ingress and egress from situations involving armed suspects. Tukwila is a SWAT Team
partner to provide these types of responses. The Council is being asked to approve the
$100,000 expenditure from state seizure fund to contribute towards the purchase of the
vehicle.
REVIEWED BY ❑ Trans&Infrastructure Svcs 1
❑ LTAC ❑
DATE: 9/12/22
Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: HOUGARDY
RECOMMENDATIONS:
SPONsoR/ADMIN. Police Department
COMMITTEE Unanimous Approval; Forward to consent agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$100,000.00 $ $
Fund Source: STATE SEIZUER FUND
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
9/19/22
MTG. DATE
ATTACHMENTS
9/19/22
Informational Memorandum dated 9/1/22
Price quote from International Armored Group US, Inc.
Armored vehicle specifications
Minutes from the Community Services and Safety Committee meeting of 9/12/22
25
26
W
i City of Tukwila
Allan Ekberg, Mayor
19oa INFORMATIONAL MEMORANDUM
TO: Public Safety Committee
FROM: Eric Dreyer, Chief of Police
CC: Mayor Ekberg
DATE: September 1, 2022
SUBJECT: Contribution to Valley SWAT Armored Vehicle Purchase
ISSUE
The Valley SWAT Team requires the purchase of an armored vehicle to allow safe covert
ingress and egress from situations involving armed suspects.
BACKGROUND
Tukwila is partnered with the Valley SWAT Team for providing a specialized response
to highly dangerous incidents involving armed suspects. Tactics for transporting SWAT
Team members into and out of the range of suspects' targeting involve the use of
armored vehicles. The Valley SWAT team currently has armored vehicles called
"BearCats" that are deployable in an overt response to threats. This vehicle is a military -
style vehicle that looks like a police armored vehicle. They also have a carrier that is
being refitted to allow for safer armored transportation in a more covert capacity.
However, the SWAT Team needs a carrier that can carry more team members at once
and need the ability to deploy two teams simultaneously in a covert fashion. Therefore,
a second covert armored van is required to allow for more efficient and safer SWAT
operations.
DISCUSSION
Because of the high cost of an armored vehicle, not all Valley partnered agencies have the
financial capacity to contribute towards the purchase of an armored vehicle for the team.
Tukwila has state seizure funds available, allowing for the capacity to take on a larger portion of
the purchase of the armored SWAT vehicle. These funds have restricted use, and the armored
vehicle falls within the guidelines of the restrictions. Tukwila's larger contribution will allow for
the vehicle to be purchased, which otherwise would have a financial shortfall.
FINANCIAL IMPACT
Tukwila Police Department would like to contribute $100,000.00 of state seizure funds towards
the purchase of the armored vehicle. State seizure funds must have a nexus to drug
enforcement to be an authorized purchase. Where Valley SWAT is utilized to serve drug-
related warrants, this purchase falls within the restrictive expenditures. Typically, Tukwila will
use its state seizure funds for training and equipment for the TAC Team (Tukwila's drug
enforcement team). However, over the last three years, the team has not been fully staffed, and
at the beginning of 2022, was merged with the Major Crimes Unit to assist with the follow-up
investigation of felony crimes. As a result, the funds are not being expended at the usual rate
and funds are available to contribute the $100,000.00. Future operating and maintenance costs
will be absorbed by the Valley SWAT regional budget.
27
28
INFORMATIONAL MEMO
Page 2
RECOMMENDATION
We are requesting approval from Council to allow the $100,000.00 expenditure from the state
seizure fund to contribute towards the purchase of the Valley SWAT armored vehicle and have
the approval to move forward to the September 19, 2022 Council consent agenda.
ATTACHMENTS
Armored vehicle quote
Armored vehicle specifications
https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/Police/SWAT vehicle/Infol Memo SWAT Vehicle Purchase.docx
INTERNATIONAL ARMORED GROUP
INTERNATIONAL ARMORED GROUP US, Inc.
5840 US1 HWY S, Saint Augustine, Florida, 32086
Tel: +1-904-794-4304, Fax: +1-904-794-9232, Email: info@interarmored.com, Web: www.interarmored.com
Price Quote
Department/Agency: City of Ederalway Police Department
Contact Name: Charlie Hinckle
Email: Charlie.Hinckle@cityoffederalway.com
Item
Price
Quantity
Total
Ford Transit Van 350HD Extended ,High Roof
Tactical Van, 3.SL EcoBoost V6, Auto, AWD
(NIJ III Level Vehicle Armoring)
$136,850.00
1
$136,850.00
Included Options
Vehicle Color: Grey
Included
1
Included
Battery and ECM Protection
Included
1
Included
Fuel Tank Protection
Included
1
Included
Upgraded HD Hinges
Included
1
Included
Wire mesh installed in tailpipe
Included
1
Included
Breaching Tool Storage
Included
1
Included
Red/White Interior Dome Light
Included
3
Included
Bench Seating Configuration with 2 Point Seatbelts
Included
1
Included
Rear Door has Custom Door Stops to Lock at 90 Degrees
Included
1
Included
Interior Grab Rails
Included
1
Included
Mounts for Rear Compartment Privacy Curtain
Included
1
Included
Rear Compartment A/C and Heater
Included
1
Included
HD Tires
Included
7
Included
Additional Options
29
INTERNATIONAL ARMORED GROUP
INTERNATIONAL ARMORED GROUP US, Inc.
5840 US1 HWY S, Saint Augustine, Florida, 32086
Tel: +1-904-794-4304, Fax: +1-904-794-9232, Email: info@interarmored.com, Web: www.interarmored.com
Undercover Law Enforcement Light Package (Whelen
Siren/Light Controller, (4) LED Hide -Away Lights, (1) 100
Watt P/A Speaker)
$2,350.00
1
$2,350.00
Run -Flat Inserts, (Spare included)
$500.00
7
$3,500.00
Note: Sales Tax Not Included
Total Price
1
$142,700.00
* All prices are FOB St. Augustine, FL, please note sales tax has not been included.
**Please note this quote is open -market, non -GSA. Purchases made through the GSA schedule are subject to a
GSA Industrial Funding Fee equal to 0.75% of $100 value. The GSA IFF fee is remitted to the GSA Schedule and
not retained by IAG.
Delivery Terms: 180 Days After Receipt of Chassis.
Validity: Prices are valid for 60 days.
Prepared By: Alex Wilson
Date: 3/9/22
30
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INTERNATIONAL ARMORED GROUP
INTL H NATI 0 NAL
'1RMOREA GROUP
Custom Armored Vehicle Manufacturer
TERNATIONAL
;ROUP
(Vehicle may not be exactly as shown)
Technical Specification for
Armored Ford Transit - Tactical Van
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INTERNATIONAL ARMORED GROUP
Custom Armored Vehicle Manufacturer
TECHNICAL SPECIFICATION
ARMORED FORD TRANSIT VAN
SPECIFICATION:
IAG FORD TRANSIT GAS AUTO LWB/HIGH-ROOF NIJ III
This specification outlines the design modifications to be applied to the
above mentioned vehicle in order to convert this vehicle to a protective
armored vehicle.
2
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Table of Contents
2.0 Base Vehicle Details — FORD TRANSIT EXTENDED/HIGH-ROOF 4
3.0 Armoring Details 5
3.1 Opaque Armor and body 5
3.2 Transparent Armor 6
3.3 Doors 6
3.4 Electrical 7
3.5 Interior 7
3.6 Brakes 8
3.7 Suspension 8
3.8 Tires and Run Flats 8
3.9 Other Features 8
3.10 Weights 9
4.0 Ballistic Specifications 9
5.0 Warranty 10
3
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2.0 Base Vehicle Details — FORD TRANSIT 3.5 Liter Gas Extended High -
Roof
(OEM features may vary depending upon availability at time of order)
• 3.5 L Gas (310 hp and 400 lb -ft.)
• AWD
• Extended wheel base
• 6 -speed automatic heavy-duty transmission
• Brakes, 4 -wheel antilock, 4 -wheel disc
• High roof
• Power steering
• Air conditioning (front & rear)
• Medium pewter, vinyl seat trim
• 16" steel wheels
• Audio system, CD player
4
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3.0 Armoring Details
3.1 Opaque Armor and body
• Five sided armoring of passenger compartment using certified ballistic steel plating to defeat
high-powered rifle fire,.308 @ 2,750 fps. (Meets or exceeds NIJ III, see Ballistic Specifications
in section 4.0)
• Floor is fitted with steel blast protection to protect occupants against fragmentation from
simultaneous detonation of 2 DM -51 German ordnance hand grenades or equivalent.
• Armoring included on kick panels, front fenders, rear wheel wells, firewall, door pillars and
posts.
• Armor consists of welded certified ballistic grade steel construction.
• The vehicle frame, constructed of certified ballistic grade steel, provides overlap and backup
protection for the large -surface principal impact areas such as the doors and windows. It also
reinforces the structural integrity of the pillars and other areas that are typically ignored or
poorly armored by other manufacturers.
• Vehicle armoring shall be constructed in such a way as to ensure that a projectile following a
linear or angled path shall not enter the vehicle's interior without contacting the armor material.
In addition to this, the possibility of a projectile entering the vehicle's interior due to a ricochet
from the armor shall also be minimized.
• Ballistic steel used in the opaque armoring areas will be constructed using CNC laser cutting
and CNC bending technology, which allow for near perfect precision with an average of 0.002
inches of processing tolerance
5
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3.2 Transparent Armor
• All original cab portion glass shall be replaced with either curved or flat -panel ballistic glass, or
any combination of the two at the manufacturer's discretion, which maximizes visibility and
efficiency as well as minimizes operational maintenance costs.
• A combination of glass, Polycarbonate and Mylar are bonded together using the latest
technology, producing one of the finest transparent Armors available while incorporating the
following:
• Meets or exceeds NIJ III ballistic protection, (see section 4.0 for ballistic specifications).
• Finest optical quality offers minimal distortion.
ifERNATIONAL
ROUP
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3.3 Doors
• Original cab doors will be armored from inside to maintain appearance and minimize
maintenance issues involved with re -tooling of original body components.
• If the side door is sliding then there shall be an armored swing out door behind it. As a second
option, armoring can be directly placed on the OEM side sliding door.
• Armoring shall be placed directly on the rear doors.
• Reinforced pillars & door hinges on all doors to cope with the weight of the armoring
• Dual HD nylon door straps to reduce hinge wear at front & side passenger compartment doors.
Armor overlap at all doors to prevent penetration through door posts and pillars.
• Door pillars reinforced for maximum strength retention.
• Handles are reinforced to provide longer life in rugged environments.
• Rear doors are equipped with door stoppers and can lock open in several positions
6
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r
3.4 Electrical
• All standard electrical equipment of this vehicle shall be tested and modified as necessary to
protect against the armoring process.
• Additional electrical accessories installed (such as rear lighting if required by client) shall be
installed by qualified personnel and shall use automotive grade electrical wiring in protective
looms to ensure durability and ease of maintenance.
3.5 Interior
• All original OEM interior panels and trim in the cab area will be resized or modified and re-
installed wherever possible to obtain as close to an original look as possible.
• The passenger seating area shall be custom made by IAG to sit up to 8 passengers, plus driver
and 1 co-driver. Exact seating can be determined based on client preference at time of contract
signing.
• Rear of the vehicle shall be equipped with an additional A/C and heat system
• Rear of the vehicle shall be separated by a pull curtain if required
—tett
7
OM
:if
r
3.6 Brakes
• International Armored Group undertakes to provide a superior handling vehicle as an
alternative to most vehicles in the industry. To this end we upgrade the braking systems as
necessary for improved performance and safety.
3.7 Suspension
• Along with the improved braking systems, International Armored Group alters the suspension
components of all vehicles to provide added safety, and improved performance and handling
of the finished armored vehicles.
• Vehicle is equipped with custom heavy duty suspension system that includes:
• Front HD Shocks
• Front HD Coil Springs
• Rear HD Shocks
• Rear HD Rubber Bushings
• Rear HD Leaf Springs
• Rear HD Sway Bar
3.8 Tires and Run Flats
• All vehicle tires shall be equipped with run flat inserts capable of operating for 50km at 50km/hr
after the tires are punctured. The certified run flats used by IAG have been proven as reliable
by clients worldwide in a variety of unique operating environments.
• IAG Standard configuration includes a run flat installed in the spare tire.
• IAG also offers an optional run flat upgrade and heavier tire combination which maintains higher
load capacities and runs cooler than standard units. This guarantees improved performance
in the event that the vehicle tires become disabled.
3.9 Other Features
• Vehicle tire jack (upgraded if necessary to lift additional weight of armor) & tire iron.
• Steel protection over fuel tank.
• Ballistic protection for engine ECM unit and battery.
• Wire mesh installed in tailpipe to prevent insertion of foreign objects.
• All manuals and written information provided by vehicle manufacturer shall be included.
• All armoring completed by experienced technicians.
8
i ti
1064
NIJ Standard - 0108.01 BALLISTIC RESISTANT PROTECTIVE MATERIALS
r!
3.10 Weights
• The centre of gravity in a vehicle of this nature is high when compared to that of an unarmored
equivalent, thereby making vehicles such as this inherently less stable than commercially
available units. While suspension upgrades have been engineered to offset this effect, care
must be taken in handling any armored vehicle. It is strongly recommended that drivers are
specifically trained to handle the vehicle with the increase in weight load and change in centre
of gravity position.
4.0 Ballistic Specifications
The following table represents the ballistic protection levels for the above mentioned
vehicle for both transparent and opaque armor: (Level NIJ III).
Opaque Armor: Armored passenger compartment roof and 4 sides. Floor of passenger
compartment is protected to shield against fragmentation from simultaneous detonation of
2 DM -51 German ordnance hand grenades or equivalent.
AMMUNITION
ir Plre
22 LRHV
Lead
38 Special
RN Lead
2.6 g
40 gr
10.2 g
158 gr
15 to 16.5 cm
6 to 6.5 in
15 to 16.5 cm
6 to 6.5 in
357 Magnum 10.2 g 10 to 12 cm
JSP 158 gr 4 to 4.75 in
9mm 8.09 10to12crn
FMJ 124 gr 4 to 4.75 in
320±12m/s
1050 ± 40 ft/s
259 ± 15 m/s
850 ± 50 ft/s
381 ± 15 m/s
1250 ± 50 ftis
332 ± 12 rn/s
1090 ± 40 ft/s
HITS PER
ARMOR
SPECIMEN
5
5
5
5
357 Magnum 10.2 g 15 to 16.5 cm 425 ± 15 m/s 5
JSP 158 gr 6 to 6.5 in 1395 ± 50 ft/s
9mm 8.0g 10 to 12 cm 358±12m/s 5
FMJ 124 gr 4 to 4.75 in 1175 ± 40 Ws
44 Magnum 15.55 g 14 to 16 cm 426 ± 15 m/s 5
Lead SWC 240 gr 5.5 to 6.25 in 1400 ± 50 fids
Gas 8.0 g 24 to 26 cm 426 ± 15 m/s 5
Checked 124 gr 9.5 to 10.25 in 1400±50ft/s
9 mm FMJ
7.62 mm
308 Winchester
FMJ
30-06
AP
9
9.7 g
150 gr
10.8 g
166 gr
56 cm
22 in
56 cm
22 in
838±15mfs
838 ± 15 m/s
2850 ± 50 W5
5
5.0 Warranty
International Armored Group warrants any armor related items installed, and conversion
related custom workmanship, for one year, or 36,000 miles. whichever comes first. Any
suspected warranty related work must first be confirmed as being necessary by means of
technical consultation with a representative of International Armored Group. Coverage applies
to the original vehicle owner only. Technical consultation regarding any repairs or malfunctions
is available by telephone during our normal operating hours.
Warranty work to be directly covered by International Armored Group shall be performed locally
only after assessment and authorization by International Armored Group. International
Armored Group shall, upon consultation and approval, make payment for any/all repairs
deemed to be of a reasonable nature by our management and engineering department.
International Armored Group does not cover any OEM vehicle parts and components that have
not been modified or preformed work on during the armoring process. Such parts and
components are the sole responsibility of the client and the vehicle OEM.
International Armored Group assumes no responsibility for damages incurred through vehicle
misuse or abuse, negligence, accidental damage, or any unauthorized modifications or
alterations made to the vehicle following delivery of the vehicle to the client. Under the terms
of this limited warranty, International Armored Group. shall in no way be held liable for any
incidental or consequential damages arising from loss of use or time, inconvenience, or
commercial loss resulting from the need for warranty work. This warranty covers the repair
and/or replacement of warranty related items only, and any non -warranty related additional
costs incurred remain the responsibility of the client.
Accessories not directly related to the armoring process (winches, lighting, shields, etc.) shall
be covered by the warranties of their respective manufacturers, and are not included in the
warranty coverage provided by this agreement. However, although International Armored
Group does not warrant these items directly in any way, we do agree to offer any reasonable
assistance in obtaining servicing from their companies of origin. Should there be any undue
difficulties with obtaining servicing of these accessories; International Armored Group will also
agree to replace them for the client at our current wholesale cost price. The client shall remain
responsible for any/all shipping and handling fees or incidental costs associated with the
replacement of such items, as well as the aforementioned replacement cost.
10
4U
City of Tukwila
City Council Community Services & Safety Committee
Meeting Minutes
September 12, 2022 - 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams
Councilmembers Present:
Staff Present:
Kathy Hougardy, Chair; Mohamed Abdi, Tosh Sharp
David Cline, Eric Dreyer, Eric Lund, David Rosen, Kraig Boyd, Jay Wittwer,
Norm Golden, Trish Kinlow
Chair Hougardy called the meeting to order at 5:30 p.m.
I. BUSINESS AGENDA
A. Contribution to Valley SWAT Armored Vehicle Purchase
Staff is seeking Council approval to contribute $100K in state seizure funds toward the
*purchase of an armored vehicle for the Valley SWAT Team.
Committee Recommendation:
Unanimous approval. Forward to September 19, 2022 Regular Meeting Consent Agenda.
B. Expansion of School Speed Zone Camera Program
Staff is seeking Council approval to install four school zone speed cameras on 42nd Avenue
South.
Committee Recommendation:
Unanimous approval. Forward to September 26, 2022 Committee of the Whole
C. Parks Speed Zone Camera Study
Staff presented the results of the study, which took place in five parks over three days between
6:00 a.m. - 8:30 p.m.
Item(s) for follow-up:
Provide information on drawbacks to speed cameras near parks.
Committee Recommendation:
Install two cameras near Codiga Park to pilot a park camera program. Forward to September
26, 2022 Committee of the Whole.
II. MISCELLANEOUS
The meeting adjourned at 6:40 p.m.
Committee Chair Approval
Minutes by LH
41
42
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Dale
Prepared by
.klayor's revic))
Council review
08/22/22
BR
Motion
Date 9/ 19/22
❑ Resolution
Mtg Date
09/12/22
BR
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
09/19/22
BR
SPONSOR'S The current Comprehensive Solid Waste, Recyclables, and Yard Waste Collection Contract
SUMMARY with Waste Management (WM) expires on October 31, 2023. At Council's direction, staff
pursued an open, competitive procurement process for the upcoming 2023-2033 contract.
Recology was selected as the highest-rated proponent. Staff recommends that Council
approve the 2023-2033 Comprehensive Solid Waste, Recycling, and Compostables
Collection Contract with Recology.
REVIEWED BY
L Trans&Infrastructure
H CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev.
Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: KATE KRULLER
❑ LTAC
DATE: 08/15/22
RECOMMENDATIONS:
SPONsoR/ADMIN.
COMMITTEE
ITEM INFORMATION
ITEM NO.
6.A.
43
STAFF SPONSOR: HARI PONNEKANTI
ORIGINAL AGENDA DATE: 08/22/22
AGENDA ITEM TITLE Solid Waste Contract Contract Award
CATEGORY ❑ Discussion
Mtg Date 08/22,9/12
Motion
Date 9/ 19/22
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
Mtg
SPONSOR ❑Council ❑Mayor HR ❑DCD ❑Finance Fire TS P&R ❑Police II PIF ❑Court
SPONSOR'S The current Comprehensive Solid Waste, Recyclables, and Yard Waste Collection Contract
SUMMARY with Waste Management (WM) expires on October 31, 2023. At Council's direction, staff
pursued an open, competitive procurement process for the upcoming 2023-2033 contract.
Recology was selected as the highest-rated proponent. Staff recommends that Council
approve the 2023-2033 Comprehensive Solid Waste, Recycling, and Compostables
Collection Contract with Recology.
REVIEWED BY
L Trans&Infrastructure
H CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev.
Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: KATE KRULLER
❑ LTAC
DATE: 08/15/22
RECOMMENDATIONS:
SPONsoR/ADMIN.
COMMITTEE
Public Works Department
Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0.00
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
08/22/22
Forward to next Council meeting
09/12/22
Forward to next Regular meeting
09/19/22
MTG. DATE
ATTACHMENTS
08/22/22
Informational Memorandum dated 08/12/22 with attachments
Draft Contract
Minutes from Transportation and Infrastructure Committee meeting of 08/15/22
09/12/22
Frequently Asked Questions (*added after 8/22/22 C.O.W. meeting*)
Rate Comparison Sheet (*added after 8/22/22 C.O.W. meeting*)
Draft Contract
Informational Memorandum dated 08/12/22 with attachments (from 8/22/22 C.O.W.)
09/19/22
Draft Contract
43
44
COMPREHENSIVE
GARBAGE, RECYCLABLES, AND COMPOSTABLES
COLLECTION SERVICES
CONTRACT
City of Tukwila
and
Recology King County, Inc.
November 1, 2023 — October 31, 2033
Comprehensive Garbage, Recyclables, and Compostables
Collection Services Contract
Table of Contents
RECITALS 1
AGREEMENT 1
1. DEFINITIONS 1
2. TERM OF CONTRACT 6
3. CONTRACTOR REPRESENTATIONS AND WARRANTIES 6
4. SCOPE OF WORK 7
4.1 GENERAL COLLECTION SYSTEM REQUIREMENTS 7
4.1.1 Service Area 7
4.1.2 Service to Residences on Private Roads and Driveways 8
4.1.3 Hours/Days of Collection 8
4.1.4 Employee Conduct 9
4.1.5 Disabled Persons Service 9
4.1.6 Holiday Schedules 10
4.1.7 Inclement Weather and Other Service Disruptions 10
4.1.8 Suspending Collection from Problem Customers 11
4.1.9 Missed Collections 11
4.1.10 Same Day Collection 12
4.1.11 Requirement to Recycle and Compost and Quality Assurance 12
4.1.12 Routing, Notification and Approval 13
4.1.13 Vehicle and Equipment Type/Age/Condition/Use 13
4.1.14 Container Requirements and Ownership 15
4.1.14.1 Garbage, Recyclables, and Compostables Carts 15
4.1.14.2 Detachable Containers and Drop -box Containers 16
4.1.14.3 Ownership 17
4.1.14.4 Container Colors and Labeling 18
4.1.14.5 Container Weights 18
4.1.14.6 Container Removal Upon City or Customer Request 18
4.1.15 Spillage 19
4.1.16 Pilot Programs 19
4.1.17 Disruption Due to Construction 20
4.1.18 Contractor Planning and Performance Under Labor Disruption 20
4.1.19 Site Planning and Building Design Review 22
4.1.20 Safeguarding Public and Private Facilities 22
4.1.21 Transition and Implementation of Contract 22
4.1.22 Performance Review 23
4.1.23 Continual Monitoring and Evaluation of Operations 24
4.1.24 Collection/Disposal Restrictions 24
4.1.25 Emergency Response 25
4.1.26 Vacation Service Stops 25
4.1.27 Hiring Preference 25
4.2 COLLECTION SERVICES 26
4.2.1 Single -Family Residence Garbage Collection 26
4.2.1.1 Subject Materials 26
4.2.1.2 Containers 26
4.2.1.3 Specific Collection Requirements 26
4.2.2 Single -Family Residence Recyclables Collection 27
4.2.2.1 Recyclable Materials 27
City of Tukwila ii August 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
46
Comprehensive Garbage, Recyclables, and Compostables
Collection Services Contract
Table of Contents
4.2.2.2 Containers 27
4.2.2.3 Specific Collection Requirements 28
4.2.3 Single -Family Residence Cornpostables Collection 28
4.2.3.1 Subject Materials 28
4.2.3.2 Containers 28
4.2.3.3 Specific Collection Requirements 28
4.2.4 Multifamily and Commercial Customer Garbage Collection 29
4.2.4.1 Subject Materials 29
4.2.4.2 Containers 29
4.2.4.3 Specific Collection Requirements 30
4.2.5 Multifamily and Commercial Customer Recyclables Collection 30
4.2.5.1 Subject Materials 30
4.2.5.2 Containers 30
4.2.5.3 Specific Collection Requirements 3138
4.2.6 Multifamily and Commercial Customer Compostables Collection 31
4.2.6.1 Subject Materials 31
4.2.6.2 Containers 31
4.2.6.3 Specific Collection Requirements 32
4.2.7 Permanent Drop -box Container Garbage Collection 32
4.2.7.1 Subject Materials 32
4.2.7.2 Containers 32
4.2.7.3 Specific Collection Requirements 333-2
4.2.8 Temporary (Non -Event) Container Customers 33
4.2.9 Special Event Services 33
4.2.10 Municipal Services 34
4.2.10.1 Street Litter and Recycling 34
4.2.10.2 City Facilities 34
4.2.11 Community Events 35
4.2.12 On-call Bulky Waste Collection 36
4.2.13 Excluded Services 36
4.3 COLLECTION SUPPORT AND MANAGEMENT 36
4.3.1 General Customer Service 3736
4.3.2 Specific Customer Service Requirements 37
4.3.2.1 Customer Service Representative Staffing 37
4.3.2.2 City Customer Service 3837
4.3.2.3 Service Recipient Complaints and Requests 38
4.3.2.4 Handling of Customer Calls 38
4.3.2.5 Corrective Measures 39
4.3.2.6 Contractor Website 39
4.3.2.7 Full Knowledge of Garbage, Recyclables, and Compostables Programs Required 40
4.3.2.8 Customer Communications 4148
4.3.3 Contractor's Customer Billing Responsibilities 41
4.3.4 Reporting 4342
4.3.4.1 Monthly Reports 43
4.3.4.2 Annual Reports 44
4.3.4.3 Ad Hoc Reports 44
4.3.4.4 Other Reports 4544
4.3.5 Promotion and Education 45
4.3.6 Transition to Next Contractor 46
4.3.7 Customer Service Center and Store 46
5. COMPENSATION 47
City of Tukwila iii August 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
47
Comprehensive Garbage, Recyclables, and Compostables
Collection Services Contract
Table of Contents
5.1 COMPENSATION TO THE CONTRACTOR 47
5.1.1 Rates 47
5.1.2 Itemization on Invoices 47
5.2 COMPENSATION TO THE CITY 48
5.3 COMPENSATION ADJUSTMENTS 494g
5.3.1 Initial and Annual CPI Service Component Modification 4948
5.3.2 Changes in Tipping Fee and Fixed Annual Charge 5049
5.3.3 Changes in Disposal or Compostables Processing Sites 5150
5.3.4 Recycling Commodity Value 51
5.3.5 New or Changes in Existing Taxes 51
5.3.6 Changes in Service Provision 51
5.4 CHANGE IN LAW 5251
6. FAILURE TO PERFORM, REMEDIES, TERMINATION 52
6.1 PERFORMANCE FEES 52
6.2 CONTRACT DEFAULT 5554
7. NOTICES 56
8. GENERAL TERMS 5766
8.1 COLLECTION RIGHT 5756
8.2 ACCESS TO RECORDS 57
8.3 INSURANCE 585-
8.3.1 Minimum Scope of Insurance 58
8.3.2 Minimum Amounts of Insurance 5958
8.3.3 Other Insurance Provisions 59
8.3.4 Acceptability of Insurers 59
8.3.5 Verification of Coverage 59
8.3.6 Subcontractors 6059
8.4 PERFORMANCE BOND 605-9-
8.5
05$8.5 INDEMNIFICATION 60
8.5.1 Indemnify and Hold Harmless 60
8.5.2 Process 6168
8.6 CONFIDENTIALITY OF INFORMATION 61
8.7 ASSIGNMENT OF CONTRACT 61
8.7.1 Assignment or Pledge of Money by the Contractor 61
8.7.2 Assignment, Subcontracting, and Delegation of Duties 626-1-
8.7.3 Change of Trade Name 62
8.8 LAWS TO GOVERN/VENUE 62
8.9 COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS 62
8.10 PERMITS AND LICENSES 63
8.11 RELATIONSHIP OF PARTIES 63
8.12 CONTRACTOR'S RELATIONSHIP WITH CUSTOMERS 646-3
8.13 BANKRUPTCY 646-3
8.14 RIGHT TO RENEGOTIATE/AMEND 64
8.15 FORCE MAJEURE 64
8.16 SEVERABILITY 65
8.17 WAIVER 65
8.18 INCORPORATION OF CONTRACTOR'S PROPOSAL IN RESPONSE TO CITY'S RFP 65
City of Tukwila iv August 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
48
Comprehensive Garbage, Recyclables, and Compostables
Collection Services Contract
Table of Contents
8.19 DISPUTE RESOLUTION 65
8.20 ENTIRETY 666-5
EXHIBITS:
EXHIBIT A: Service Area
EXHIBIT B: Contractor Rates
EXHIBIT C: Recyclables List
EXHIBIT D: Rate Modification Example
City of Tukwila v August 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
49
1
50
This Comprehensive Garbage, Recyclables, and Compostables Collection Services Contract
(hereafter, "Contract"), passed by the Tukwila City Council at its regular meeting on the day of ,
2022. This Contract is made and entered into this day of , 2022 (hereafter the
"Date of Execution"), by and between the City of Tukwila, a municipal corporation (hereafter "City"), and
Recology King County, Inc. (hereafter "Contractor"). The City and the Contractor are each individually a
"party" and collectively the "parties" to this Contract.
RECITALS
WHEREAS, the City has conducted a competitive process to select a contractor to provide Garbage,
Recyclables, and Compostables collection services ("Services") to all residents, businesses, and institutions
located within the Service Area; and
WHEREAS, the Contractor, having participated in the competitive process, acknowledges that the City
conducted a thorough and exhaustive competitive process; and
WHEREAS, the Contractor, having participated in the competitive process, acknowledges that the City had
the right at any time during the process to reject any or all of the competitors, regardless of their proposals
or prices; and
WHEREAS, having completed the competitive process, the City has selected the best candidate to provide
the Services outlined in the competitive process; and
WHEREAS, the Contractor represents and warrants that it has the experience, resources, and expertise
necessary to perform the Services as requested in the competitive process; and
WHEREAS, the City desires to enter into this Contract with the Contractor for the Services outlined in the
competitive process and included below;
NOW, THEREFORE, in consideration of the mutual covenants, agreements, and promises herein
contained, the City and Contractor do agree as follows:
AGREEMENT
1. DEFINITIONS
The following definitions apply to terms used in this Contract:
Administrative Fee: A City -defined fee that is included in Customer rates charged by the Contractor, with
receipts collected from Customers by the Contractor and remitted to the City as directed in this Contract.
The Administrative Fee is separate from and distinct from any itemized utility, sales, or other taxes that
may be assessed from time to time.
City of Tukwila 1 August 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
Bulky Waste: Discrete items of Garbage of a size or shape that precludes collection in regular collection
Containers. Bulky Waste includes: large appliances (such as refrigerators, freezers, stoves, dishwashers,
clothes washing machines or dryers), water heaters, furniture (such as chairs, tables, shelves, cabinets or
sofas), televisions, mattresses, and other similar large items placed at the Curb as discrete separate items.
Bulky Waste does not include piles of debris, car parts, construction or demolition debris, Unacceptable
Waste, or stumps.
Call Center Hours: The times during which a live person Customer Service support shall be available to
address Customer calls, e-mails, texts, or other communications. Call Center Hours shall be 7:00 a.m. PST
through 7:00 p.m. PST, Monday through Friday of each week and no less than four hours on Saturdays, as
agreed upon by the City and Contractor. Holidays, as defined by King County transfer stations, are
excluded.
Can: A receptacle that is a Customer -provided water -tight galvanized sheet -metal or plastic container not
exceeding four (4) cubic feet or thirty-two (32) gallons in capacity; fitted with two (2) sturdy looped
handles, one on each side. All Cans shall be rodent and insect -resistant and kept in sanitary conditions by
their owner at all times.
Cart: A Contractor -provided twenty (20), thirty-two (32)/or thirty-five (35), forty-five (45), sixty-four (64),
or ninety-six (96) gallon wheeled receptacle with attached lid suitable for collection, storage, and Curbside
placement of Garbage, Recyclables, or Compostables. Carts shall be rodent and insect -resistant.
Change of Control: Any single transaction or series of related transactions by which the beneficial
ownership of more than fifty percent (50%) of the voting securities of the Contractor is acquired by a
person or entity, or by a related or affiliated group of persons or entities, who as of the effective date of
the Contract do not have such a beneficial interest; provided, however, that intra -company transfers, such
as transfers between different subsidiaries or branches of the parent corporation of the Contractor, or
transfers to corporations, limited partnerships, or any other entity owned or controlled by the Contractor
upon the effective date of the Contract, and transactions effected on any securities exchange registered
with the U.S. Securities and Exchange Commission, shall not constitute a Change in Control.
City: City of Tukwila, in King County, Washington. As used in the Contract, use of the term "City" may
include reference to the City Administrator or his/her designated representative. Where the context
makes it apparent, references to staff, streets, rights-of-way, activities and things refer to the staff,
streets, rights-of-way and activities of the City, and things belonging to or located within the City.
Commercial Customer: Non -Residential Customers, including businesses, institutions, governmental
agencies, and all other users of commercial -type Garbage collection services.
Compostables: Any organic waste material that is Source -separated for processing or composting, such
as Yard Debris, clean scrap wood, and Food Scraps generated by any Residential, Multifamily or
Commercial Customers. Shredded uncontaminated paper shall be accepted as a Compostable material
unless disallowed by the Contractor's composting processor.
Contractor: Recology King County, Inc, which has contracted with the City to provide all Services identified
in this Contract, including, but not limited to, collecting, transporting, and disposing of Garbage and
collecting, processing, marketing, and transporting of Recyclables and Compostables.
City of Tukwila 2 August 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
51
Container: Any Micro -can, Can, Cart, Detachable Container, or Drop -box Container used in the
performance of this Contract, including both loose and compacting Containers.
Contract: This Contract for comprehensive Garbage, Recyclables and Compostable collection services.
Contract Term: Term of this Contract as provided for in Section 2.
County: King County in Washington State.
Curb or Curbside: Customers' property, within five feet (5') of the Public Street or Private Road (or on the
sidewalk without completely obstructing the sidewalk, if there is no Customer property within five feet
(5') of the Public Street or Private Road) without blocking driveways or on -street parking. If extraordinary
circumstances preclude such a location, Curbside shall be considered a placement suitable to the
Customer, convenient to the Contractor's equipment, and mutually agreed to by the City and Contractor.
Customer: All account -holders of the Contractor's services within the City as set forth in this contract.
Customer Service: The assistance, advice and information provided by the Contractor to Customers and
potential customers within the City.
Date of Commencement of Service: November 1, 2023, which is the date that the Contractor agrees to
commence the provision of Services as described throughout this Contract.
Date of Execution: The date that this Contract is executed by all signatories.
Day/Days: Calendar days unless otherwise specified.
Detachable Container: A watertight metal or plastic loose or compacting receptacle equipped with a tight-
fitting cover, capable of being mechanically unloaded into a collection vehicle, and that is not less than
one (1) cubic yard or greater than eight (8) cubic yards in capacity.
Driveway: A privately -owned and maintained way that connects a Residence or parking
area/garage/carport with a Private Road or Public Street.
Drop -box Container: A watertight all -metal loose material or compactor receptacle with ten (10) cubic
yards or more capacity that is loaded onto a specialized collection vehicle.
Environmental Law: Any applicable federal, State, or local statue, code, or ordinance or federal or State
administrative rule, regulation, ordinance, order, decree, or other governmental authority as now or at
any time hereafter in effect pertaining to the protection of human health or the environment.
Extra Unit: Excess material that does not fit in the Customer's primary Container. An Extra Unit is equal
to thirty-two (32) gallons for all Customers.
Fixed Annual Charge: The charge assessed on the Contractor by the County on an annual basis that is
allocable to the City Service Area to fund certain elements of the County's disposal system, in accordance
City of Tukwila 3 August 2022
Comprehensive Garbage, Recyclables, and Compostables Collection Contract
52
with King County Ordinance 2021-0449. Contractor's Customer charges shall include a Fixed Annual
Charge component that shall be calculated in accordance with this Contract and Contractor's receipts of
the Fixed Annual Charge component, less the Administrative Fee and excise tax on the
AdminstrativeAdministrative Fee that are included in the Fixed Annual Charge component, shall be used
by Contractor to satisfy its obligations to County for payment of the Fixed Annual Charge.
Food Scraps: All compostable pre- and post -consumer food waste, such as whole or partial pieces of
produce, meats, bones, cheese, bread, cereals, coffee grounds, or egg shells, and food -soiled paper, such
as paper napkins, paper towels, paper plates, coffee filters, paper take-out boxes, pizza boxes, or other
paper products accepted by the Contractor's selected composting site. Food Scraps shall not include dead
animals, plastics, diapers, cat litter, liquid wastes, ashes, pet wastes, or other materials prohibited by the
selected composting facility. The range of Food Scraps handled by the Compostables collection program
may be changed from time to time upon the mutual agreement of the Parties to reflect those materials
allowed by the jurisdictional health department for the frequency of collection provided by the
Contractor.
Garbage: All putrescible and non-putrescible solid and semi-solid wastes, including, but not limited to,
rubbish, small quantities of bagged cold ashes, demolition and construction wastes, dead small animals
completely wrapped in plastic and weighing less than fifteen (15) pounds, and discarded commodities
that are placed by Customers in appropriate Containers, bags, or other receptacles for collection and
disposal by the Contractor. Needles or "sharps" used for the administration of medication can be included
in the definition of "Garbage," provided that they are placed within a sealed, secure container as agreed
upon by the City and the Contractor and this handling is consistent with current King County sharps policy.
The term "Garbage" shall not include Hazardous Waste, Source -separated Recyclable materials, or
Source -separated Compostables.
Hazardous Waste: Any hazardous, toxic, or dangerous waste, substance, or material, or contaminant,
pollutant, or chemical, known or unknown, defined or identified as such in any existing or future federal,
State, or local law, statute, code, ordinance, rule, regulation, guideline, decree, or order relating to human
health or the environment or environmental conditions, including but not limited to any substance that
is:
A. Defined as hazardous by 40 C.F.R. Part 261.3 and regulated as Hazardous Waste by the United
States Environmental Protection Agency under Subtitle C of the Resource Conservation and
Recovery Act ("RCRA") of 1976, 42 U.S.C. § 6901 et seq., as amended by the Hazardous and Solid
Waste Amendments ("HSWA") of 1984; the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.,
as may be amended; or any other federal statute or regulation governing the treatment, storage,
handling, or disposal of waste imposing special handling or disposal requirements similar to those
required by Subtitle C of RCRA;
B. Defined as dangerous or extremely hazardous by WAC 173-303-040, as may be amended, and
regulated as dangerous waste or extremely hazardous waste by the Washington State
Department of Ecology under the State Hazardous Waste Management Act, Chapter 70.105 RCW,
or any other State statute, regulation or rule governing the treatment, storage, handling, or
disposal of wastes and imposing special handling requirements similar to those required by
Chapter 70.105 RCW; and
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C. Any substance that comes within the scope of this definition after the Date of Execution of this
Contract.
Any substance that ceases to fall within this definition after the Date of Execution of this Contract shall
not be deemed to be Hazardous Waste.
King County Disposal System: The areas owned, leased, or controlled by King County, Washington for
the disposal of Garbage, or such other site as may be authorized by the current King County
Comprehensive Solid Waste Management Plan and the Interlocal Agreement between the City and King
County.
Micro -Can: A water -tight plastic Container not exceeding ten (10) gallons in capacity; fitted with two
sturdy handles, one on each side; and fitted with a tight cover.
Multifamily: A multiple -unit Residence with multiple attached or unattached dwellings billed collectively
for collection service. This includes shared Containers as well as individual Containers for each Residence.
Office Hours: The times during which a Contractor administrative and management staff shall be available
to respond to City staff inquiries. Office Hours shall be 8:00 a.m. PST through 5:00 p.m. PST, Monday
through Friday of each week. Holidays, as defined by King County's transfer station schedule, are
excluded.
On-call: The provision of specified services only upon direct phone, written, or e-mailed request of the
Customer to the Contractor.
Party: Either the City or the Contractor.
Parties: The City and Contractor.
Private Road: A privately -owned and maintained way that allows for access by a service vehicle and that
serves multiple Residences.
Public Street: A public right-of-way used for public travel by motor vehicle, including public alleys.
Recycling: The preparation, collection, transport, processing, and marketing of Recyclables.
Recyclables: The materials designated as being part of a Residential or Commercial Recycling collection
program, as listed in Exhibit C.
Residence/Residential: A Single -Family and/or Multifamily living space individually rented, leased or
owned.
Services: The comprehensive Garbage, Recyclables, and Compostables collection and processing services
provided by the Contractor pursuant to the Contract.
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Service Area: The initial service area boundaries shall be a portion of the corporate boundaries of the City,
which are currently as shown on Exhibit A hereto. In the event of a change to the corporate boundaries
of the City, the Service Area may be changed in accordance with Section 4.1.1.
Single -Family Residence: All one -unit houses, duplexes, triplexes, four-plexes, and mobile homes that are
billed for collection service individually and located on a Public Street or Private Road.
Source -separated: Certain reclaimable materials that are separated from Garbage by the generator for
recycling or reuse, including but not limited to Recyclables, Compostables, and other materials.
State: The State of Washington.
Strike Contingency Plan: The plan the Contractor will develop pursuant to Section 4.1.18 of this Contract.
Tipping Fee: The per -ton disposal fee assessed on the Contractor by the County for Garbage delivered to
County disposal facilities.
Transition and Implementation Plan: The plan that the Contractor will develop pursuant to Section 4.1.21
of this Contract.
Unacceptable Waste: Highly flammable substances, Hazardous Waste, liquid wastes, special wastes,
certain pathological and biological wastes, explosives, toxic materials, radioactive materials, material that
the disposal facility is not authorized to receive and/or dispose of, and other materials deemed by federal,
State, or local law, or in the reasonable discretion of the Contractor, to be dangerous or threatening to
health or the environment, or which cannot be legally accepted at the applicable disposal facility.
WUTC: Washington Utilities and Transportation Commission.
Yard Debris: Leaves, grass, prunings, branches and small trees. Materials larger than four inches (4") in
diameter or four feet (4') in length are excluded. Bundles of Yard Debris up to two feet (2') in diameter by
four feet (4') in length and no more than fifty-five (55) pounds, shall be allowed, and shall be secured by
degradable string or twine, not nylon or other synthetic materials. Un -flocked, undecorated whole
Christmas trees cut to less than six feet (6") in height are acceptable. Kraft paper bags, or Cans labeled
"Yard Debris" may also be used to contain extra Yard Debris.
2. TERM OF CONTRACT
The Term of this Contract is ten (10) years starting on the Date of Commencement of Service. The City
may, at its sole option, extend the agreement for one extension which shall not exceed two (2) years in
duration. The extension shall be under the terms and conditions of this Contract, as amended by the City
and Contractor from time to time. To exercise its option to extend this Contract, notice shall be given by
the City to the Contractor no less than ninety (90) Days prior to the expiration of the Contract term or the
expiration of a previous extension.
3. CONTRACTOR REPRESENTATIONS AND WARRANTIES
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The Contractor represents and warrants to the City as follows:
• Organization and Qualification. The Contractor is duly incorporated, validly existing, and in good
standing under State laws, and has all requisite corporate power and authority to enter into and
to perform its obligations under this Contract.
• Authority. This Contract has been validly executed by an authorized representative of the
Contractor, with the authority to sign on behalf of and bind the Contractor, and this Contract
constitutes a valid and legally binding and enforceable obligation of Contractor.
• Government Authorizations and Consents. The Contractor has or will obtain at its sole cost prior
to the Date of Commencement of Service any such licenses, permits, and other authorizations
from federal, State, and other governmental authorities, as are necessary for the performance of
its obligations under this Contract.
• Accuracy of Information. None of the representations or warranties in this Contract, and none of
the documents, statements, reports, certificates, or schedules furnished or to be furnished by the
Contractor pursuant to this Contract or in connection with the performance of the obligations
contemplated under this Contract, at any time contain untrue statements of a material fact or
omissions of material facts.
• Independent Examination. In accepting these responsibilities, the Contractor represents and
affirms that it has made its own examination of all conditions affecting the performance of this
Contract, currently and into the future, and of the quantity, quality, and expense of labor,
equipment, vehicles, facilities, properties, materials needed, and of applicable taxes, permits, and
applicable laws. The Contractor affirms that within the Service Area it is aware of the present
placement and location of all Containers. The Contractor represents and warrants that it is
capable of collecting all Containers from their present locations, and that it is capable of providing
service to and collection of Containers in any areas of the Service Area that may be built out or
developed during the term of this Contract.
4. SCOPE OF WORK
4.1 General Collection System Requirements
4.1.1 Service Area
The Contractor shall provide all Services pursuant to this Contract throughout the entire Service Area.
If, during the term of the Contract, additional territory is added to the City through annexation or other
means within which the Contractor has an existing WUTC certificate or other franchise for solid waste
collection at the time of annexation, the Contractor shall, from the date of annexation, make collection in
the annexed area in accordance with the provisions of this Contract at the unit prices set forth in this
Contract.
This Contract is in lieu of a franchise as provided in RCW 35A.14.900. The Contractor agrees that their
WUTC certificate applicable to such additionally annexed territory areas shall be cancelled effective on
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the date of annexation by the City. The Contractor expressly waives and releases its right to claim any and
all damages or compensation from the City, its officers, agents, or assigns arising out of the cancellation
of any pre-existing permit or franchise held by the Contractor prior to annexation, and further specifically
waives the right to receive any additional compensation or any rights of collection in the newly annexed
territory. The term during which the Contractor shall service any future annexation areas shall be seven
(7) years from the date of annexation, notwithstanding the term set forth in Section 1 of this Contract. If,
during this seven (7) year period, this Contract terminates for any reason, and a new service provider is
engaged to provide collection services under the terms of a new collection contract, the Contractor agrees
to provide the services outlined in the new contract to customers in the annexed area in accordance with
the provisions of that new collection contract at the unit prices set forth in that new collection contract,
through the duration of the seven (7) year period, unless such area has been transferred to the new
service provider prior to the end of that seven (7) year period.
If, during the term of the Contract, additional territory is added to the City through annexation within
which the Contractor does not have an existing WUTC certificate or other franchise for Garbage or other
collections, then, upon written notification from the City, the Contractor agrees to make collections in
such annexed areas in accordance with the provisions of this Contract at the unit price set forth in this
Contract. The City will indemnify, hold harmless and defend the Contractor from any and all claims,
actions, suits, liability, loss, costs, expenses and damages, including costs and attorney fees arising out of
the Contractor's service in such annexed territory under this Contract.
In the event that additional territory is added to the Contract Service Area, the City acknowledges that
equipment, such as Contract -compliant vehicles and Containers, may take time to procure; and therefore,
shall not charge performance fees as outlined in Section 6.1 to the Contractor for reasonable delays in the
provision of services to annexed areas covered by this section due to procurement delays that are not
within the control of the Contractor.
4.1.2 Service to Residences on Private Roads and Driveways
The Contractor shall provide Curbside service to all Residences located on Private Roads, except as noted
in this Section. Drive-in charges are to be used only for requested service on Driveways and are prohibited
on Private Roads. The Contractor shall use smaller limited -access service vehicles as necessary to provide
service to those Customers.
In the event that the Contractor believes that a Private Road cannot be safely negotiated or that providing
walk-in service on Driveways for Single -Family Residence Customers is impractical due to distance or
unsafe conditions, the Contractor shall document the condition for the City and Customer and provide
safe and appropriate alternative service to the Customer.
If the Contractor believes that there is a probability of Private Road or Driveway damage due to the
Contractor's vehicles, the Contractor shall inform the respective Customer(s) and may require a road
damage waiver agreement in a form previously approved by the City. In such event, if the Customer(s)
refuse to sign such a road damage waiver, the Contractor may decline to provide service on those Private
Roads or Driveways, and the Customer(s) will only be serviced from the closest Public Road access.
4.1.3 Hours/Days of Collection
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All Residential collections by Contractor shall be made between the hours of 7:00 a.m. and 7:00 p.m. PST
on each weekday, unless the City authorizes a temporary extension of hours or days. Saturday collection
is allowed to the extent consistent with holiday schedules (Section 4.1.6) and inclement weather schedule
(Section 4.1.7).
The Contractor may perform Commercial collections twenty-four (24) hour per day, provided such
services do not take place in areas adjacent to Residential dwellings and do not result in noise complaints
to the Contractor or City from Residential Customers in the vicinity. If complaints are received, the
Contractor shall use its best efforts to reroute or otherwise mitigate the noise complaint.
4.1.4 Employee Conduct
The Contractor's employees collecting Garbage, Recyclables, or Compostables shall at all times be
courteous, refrain from loud, inappropriate or obscene language, exercise due care, perform their work
without delay, minimize noise, and avoid damage to public and private property. The Contractor's crews
shall make collections in an orderly and quiet manner, and shall return all Containers, in an upright
position, with lids closed and attached, to their original set -out location.
If on private property, Contractor employees shall follow the regular pedestrian walkways and paths,
returning to the street after replacing empty Containers. Contractor employees shall not trespass or loiter,
cross flowerbeds, hedges, planting strips, or property of adjoining premises, or meddle with property that
does not concern them or their task at hand. While performing work under the Contract, Contractor
employees shall wear a professional and presentable uniform with a company emblem visible to the
average observer, and carry photo identification on their person.
At the City's option and direction, Contractor employees shall work with groups or organizations, such as
neighborhood community organizations, homeowner associations, or the City's Utilities, Police, or Fire
Departments, for training to recognize and call the appropriate agency when suspicious activities are
observed.
If any person employed by the Contractor to perform collection services is, in the opinion of the City,
incompetent, disorderly, or otherwise unsatisfactory, the City shall promptly document the incompetent,
disorderly, or unsatisfactory conduct in writing and transmit the documentation to the Contractor with a
demand that such conduct be corrected. The Contractor shall promptly investigate any written complaint
from the City regarding any unsatisfactory performance by any of its employees and take immediate
corrective action. The City reserves the right to request at any time that the person be removed from all
performance of additional work under this Contract. The Contractor shall remove the employee from
Contract work within four (4) hours of City notification.
4.1.5 Disabled Persons Service
The Contractor shall provide carry -out service for Garbage, Recyclables, and Compostables to Single -
Family Residence Customers in cases where no household member has the ability to place Containers at
the Curb, at no additional charge. The Contractor shall establish criteria that are fair and meet the needs
of the City's disabled residents when determining whether a household member is unable to place
Containers at the Curb. These criteria shall comply with all federal, State, and local regulations, and shall
be subject to City review and approval prior to program implementation.
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4.1.6 Holiday Schedules
The Contractor shall observe the same holiday schedule as the King County transfer stations. When
observed holidays fall on a regular collection day, the Contractor shall reschedule the remainder of the
week of regular collection to the next succeeding business day, which shall include Saturdays. The
Contractor may not collect Single -Family Residence and Multifamily Garbage, Recyclables, or
Compostables earlier than the regular collection day due to a holiday. Commercial collections may be
made one (1) day early only with the consent of the Commercial Customer. Holiday scheduling
information shall be included in written program materials, on the Contractor's website, on the
Contractor's social media accounts, and by press releases to general news media in the Service Area by
the Contractor the week prior to the holiday affecting service.
4.1.7 Inclement Weather and Other Service Disruptions
When weather conditions are such that continued operation would result in danger to the Contractor's
employees, area residents or property, the Contractor shall collect only in areas that do not pose a danger.
The Contractor shall notify the City by 7:00 a.m. PST that same business day of its collection plans and
outcomes for each day that severe inclement weather is experienced.
The Contractor shall collect Garbage, Recycling and Compost from Customers with interrupted service on
the first day that regular service to a Customer resumes and shall collect reasonable accumulated volumes
of Garbage, Recycling, and Compost equal to what would have been collected on the missed collection
day(s) from Customers at no extra charge. Following notification to the City, the Contractor will be
provided temporary authorization to perform collection services after 7:00 p.m. PST and/or on Saturdays
following disruptions due to weather in order to finish collection routes.
If successive weather events occur on the same scheduled collection day(s) two collection cycles in a row
for a single collection day (i.e., Tuesday Customers), an additional collection will be made on the next
possible day that same week, (i.e. not waiting for the regularly scheduled collection day for the missed
area.) If multiple days are missed due to inclement weather in multiple weeks, collections shall be made
on the next regularly scheduled collection day. In the event of successive service disruptions impacting
entire neighborhoods, the Contractor shall provide temporary Residential Garbage and Recycling
collection sites using driver -staffed Drop Box Containers or other suitable equipment, with no additional
charge assessed for such temporary service.
The inclement weather/disruption in service requirements in this Section 4.1.7 may be changed upon
mutual written agreement of the Contractor and City at any time during the term of this Contract to better
serve Customers.
All holiday and weather policies shall be included in program information provided to customers. On each
inclement weather day, the Contractor shall release notices of service suspension and alternative
collection schedules to a media list approved by the City notifying residents of the modification to the
collection schedule. The Contractor shall use automated dialing services e-mail, or text messages to
inform Customers at the route level about service changes, provided that Customers shall be provided the
option of using their preferred method or to opt out of communications. Contractor shall update their
website with inclement weather conditions by 8:00 a.m. PST.
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When closure of roadways providing access or other non -weather related events beyond the Contractor's
control prevent timely collection on the scheduled day, the Contractor shall make collections on the first
day that regular service to a Customer resumes, collect reasonable accumulated volumes of materials
equal to what would have been collected on the missed collection day(s) from Customers at no extra
charge. Following notification to the City, the Contractor will be provided temporary authorization to
perform collection services after 7:00 p.m. PST and/or on Saturdays following such disruptions in order to
finish collection routes. Delayed or interrupted collections as described in this Section are not considered
service failures for purposes of Section 6.
4.1.8 Suspending Collection from Problem Customers
The City and Contractor acknowledge that, in rare cases, some Customers may cause disruptions or
conflicts that make continued service to that Customer unsafe or unreasonable. Those disruptions or
conflicts may include, but not be limited to, repeated damage to Contractor -provided Containers,
threatening or intimidating behavior toward the Contractor, repeated suspect claims of timely set -out
followed by demands for return collection at no charge, repeated unsubstantiated claims of Contractor
damage to a Customer's property, repeated contamination of Recyclables or Compostables, or other such
problems.
The Contractor shall make every reasonable effort to provide service to problem Customers. However,
the Contractor may discontinue service to a problem Customer after prior written notice is given to the
City of the intent to discontinue service, including the name, service address, reason for such action, and
whether reasonable efforts to accommodate the Customer and provide services have occurred and failed.
If the Customer submits a written letter or e-mail to the City appealing the Contractor decision, the City
may, at its discretion, intervene in the dispute. In this event, the decision of the City shall be final. The City
may also require the discontinuance of service to any Customer who is abusing the service or is
determined to be ineligible.
4.1.9 Missed Collections
If Garbage, Recyclables, or Compostables are set out inappropriately, improperly prepared, or
contaminated with unacceptable materials, the Contractor shall place in a prominent location a written
notification tag that identifies the specific problem(s) and reason(s) for rejecting the materials for
collection. Failure to provide proper written notification to Customers, per the contamination reduction
program referenced in Section 4.1.11, of the reason for rejecting Garbage, Recyclables, or Compostables
shall be considered a missed collection and subject to performance fees, as established in Section 6.1, due
to lack of proper Customer notification. The specific provisions in this paragraph may be revised and
superseded by the annual promotion and education program (and contamination reduction plan)
developed each year by the Contractor and City.
The failure of the Contractor to collect Garbage, Recyclables, or Compostables that has been set out by a
Customer in the proper manner on the appropriate day shall be considered a missed collection, and the
Contractor shall collect the materials from the Customer within one (1) business day of the Contractor's
receipt of notification of the missed pick-up. If the Contractor is notified of a missed pick-up by 9:00 a.m.
PST the following business day, the missed pick-up shall be collected that same day. The Contractor shall
maintain an electronic record of all calls related to missed collections and the response provided by the
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Contractor. Such records shall be made available for inspection upon request by the City, and the
information shall be included in monthly reports. (See Reporting requirements set forth in Section 4.3.4).
If the Contractor is requested by the Customer to make a return trip due to no fault of the Contractor,
which the Contractor can prove through documentation (e.g., the Containers were not placed at the curb
on time and the driver documented that fact in a log, with a photograph, etc.), the Contractor shall charge
the Customer an additional return trip fee for this service, provided the Contractor notifies the Customer
of this charge in advance and the Customer agrees to payment of the return trip fee. The Contractor will
not be liable for a missed collection in such case.
4.1.10 Same Day Collection
Collection of Garbage, Recyclables, and Compostables shall occur on the same regularly scheduled day of
the week for Single -Family Residence Customers. Collection of Garbage, Recyclables, and Compostables
for Multifamily and Commercial Customers can be scheduled on different days for each material.
4.1.11 Requirement to Recycle and Compost and Quality Assurance
The Contractor shall use processing facilities to recycle or compost all Source -separated Recyclables and
Compostables collected under this Contract (other than residue), unless express prior written permission
is provided by the City. The Contractor shall use processing facilities that:
1. Process materials to a high standard to maximize the recovery and recycling of all incoming
Recyclable and Compostable materials;
2. Are operated to minimize cross -contamination of materials that would result in otherwise
Recyclable materials being misdirected to a market or disposal where they would not be
recovered;
3. Are designed and operated to minimize the stream of otherwise recoverable materials destined
for disposal.
4. Have sufficient preprocess and screening staff and equipment to ensure that otherwise
recoverable materials are not cross -contaminated and rendered non -recyclable due to the nature
of the processing facility.
The City and Contractor agree that the Contractor is being compensated to fully recycle or compost those
incoming materials and that maximum cost-effective recovery is a primary objective of the City's
collection programs.
The Contractor shall visually inspect Recyclables and Compostables Containers before or during servicing.
If the Container contains more than five percent (5%) contamination, the Contractor shall document the
contamination and leave an "oops" tag, noting the specific contamination for the Customer. If a Customer
received more than three (3) oops tags in a ninety (90) day period, then the Contractor will call the
Customer to provide education and outreach services.
The Contractor shall develop and implement a contamination reduction program to reduce contamination
in Customers' Recyclables and Compostables Containers. The Contractor's program shall include
communication, education and outreach to Customers, methods for evaluating Customer compliance
with recycling and contamination standards, and thresholds and policies for removing or re-establishing
Recyclables and/or Compostables collection service to a customer. If the contamination reduction
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program does not result in a measurable decrease in contamination after a year, the program shall be
adjusted or a new program shall be developed to address contamination. The Contractor shall develop
the program in consultation with the City, and shall implement the program on approval of the program
by the City. The program may be reviewed and adjusted at any time, if both Parties agree that review and
adjustment is appropriate.
Contractor shall provide such information as the City may request regarding aggregate contamination
data that is collected and maintained by the Contractor on a quarterly basis. However, notwithstanding
the foregoing or any other provision of this Agreement, the Contractor shall not provide any information
to City regarding the contents of any individual Customer's Container.
4.1.12 Routing, Notification and Approval
The Contractor shall indicate, on a map acceptable to the City, the day of the week Garbage, Recyclables,
and Compostables shall be collected from each Single-family Residence.
The Contractor may change the day of collection by giving notice at least thirty (30) Days prior to the
effective date of the proposed change to and obtaining written approval from the City. On the City's
approval, the Contractor shall provide affected Customers with at least fourteen (14) Days written, phone,
and/or e-mail notice of pending changes of collection day. The Contractor shall obtain the prior written
approval from the City of the notice to be given to the Customer, such approval shall not be unreasonably
withheld. Routing changes shall be implemented in a manner that ensures that no Customer shall receive
less than their normal frequency of service (e.g. a weekly Customer shall have no more than seven [7]
days between collection days during the shift to the new collection date).
4.1.13 Vehicle and Equipment Type/Age/Condition/Use
The Contractor shall use new 2023 or later model year collection vehicles for Garbage, Recyclables, and
Compostables collection services performed under this Contract. Back-up collection vehicles used fewer
than thirty (30) Days a calendar year shall not be subject to the age requirement that applies to regularly -
used vehicles, but shall be: (i) presentable, (ii) in safe working order, (iii) not leak fluids, and (iv) subject
to all other conditions of this section. The accumulated annual use of individual back-up vehicles shall be
reported in the Contractor's monthly report.
Collection vehicles used in the performance of this Contract shall be of sufficient size and dimension to
provide service to all Customers. In some cases, this may mean that a small collection vehicle, capable of
servicing narrow and/or tight locations must be used, and the Contractor shall make such vehicles
available to ensure smooth and effective collection services throughout the Service Area.
Collection vehicles shall have a switchable placard that clearly indicates the material stream currently
being collected by that vehicle. The colors, trim scheme, and design to be used by the Contractor on the
switchable placards shall be subject to the prior written approval of the City. The lack of switchable
placards on collection vehicles shall be cause for performance fees as described in Section 6.1.
Collection vehicles shall be maintained in a good condition at all times which includes but is not limited to
being clean and sanitary, and shall be thoroughly washed at least once each week. All collection vehicles
shall have appropriate safety markings, including all highway lighting, flashing and warning lights,
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clearance lights, and warning flags, all in accordance with current statutes, rules and regulations.
Collection vehicles shall be repaired and/or have damaged areas repainted upon showing rust on the body
or chassis or at the request of the City. All parts and systems of the collection vehicles shall operate
properly and be maintained in a condition compliant with all federal, State, and local safety requirements
and be in a condition satisfactory to the City. All collection vehicles shall be equipped with variable tone
or proximity activated reverse movement back-up alarms.
The Contractor shall maintain collection vehicles and Containers to ensure that no liquid wastes (e.g.,
Garbage or Compostables leachate) or oils (e.g., lubricating, hydraulic, or fuel) are discharged to Customer
premises or streets. All collection, service, and supervisory vehicles used by the Contractor shall be
equipped with a minimum 10 -gallon capacity spill kit. Any collection, service, and supervisory vehicles, or
Containers not meeting these standards shall not be used within the Service Area until repairs are made.
All collection vehicles shall be labeled with signs on both the front and driver's side door and the rear of
the collection vehicle which clearly indicate the vehicle inventory number. The Customer Service phone
number shall be labeled on the side of the collection vehicle. Signs shall use lettering not less than four
inches (4") high and shall be clearly visible from a minimum distance of twenty feet (20'). Signs, sign
locations and the phone number shall be subject to approval by the City. No advertising shall be allowed
on Contractor vehicles other than the Contractor's name, logo and Customer Service phone number and
website address, unless otherwise previously approved in writing by the City. Special promotional
messages may be permitted, upon the City's prior written approval. The City's approval shall be in writing
and solely within the City's discretion. In addition, any Contractor vehicle regularly used in the City shall
include a placard clearly visible at the rear of the vehicle. This placard will show, in lettering at least 12"
high, an abbreviated truck designation number specific to the Contractor's operating division, for example
T-1, T-2, etc., limited to a two (2) digit numeral to aid in rapid identification of vehicles to allow more
precise reporting and correction of any unsatisfactory condition related to specific vehicles. All Contractor
collection, service, and supervisory vehicles shall be equipped with properly licensed two-way
communication equipment. The Contractor shall maintain a base station or have communication
equipment capable of reaching all collection areas. Collection vehicles shall also be equipped with back-
up cameras, as well as route -recording cameras integrated with their on -board route management
system.
All collection vehicles shall be equipped with global positioning systems (GPS), as well as an on -board
computer and data tracking system to track route progress and log non -set -outs, extras, and other service
issues. The system shall incorporate photo documentation of route exceptions. The Contractor's drivers
shall be fully trained and required to use these systems. The resulting data shall be uploaded to the
Contractor's Customer Service database no less than daily to allow Customer Service personnel to be fully
apprised of route progress, and be able to address misses and other Customer inquiries in near real-time.
The Contractor shall provide to the City, on the Date of Commencement of Service of this Contract, a
complete initial inventory of the vehicles and facilities to be used in the performance of this Contract. The
inventory shall include each vehicle (including chassis model year, type of body, material collected,
capacity, model, and vehicle identification number) and each facility to be used in performance of this
Contract (including address and purpose of the facility). The Contractor may change vehicles and facilities
from time to time, and shall include the revised inventory in the monthly report provided for in Section
4.3.4.1. The Contractor shall maintain vehicles and facilities levels during the performance of this Contract
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at least equal to those levels described in the initial inventory. The City reserves the right to request
maintenance history logs for vehicles or equipment during the performance of this Contract.
4.1.14 Container Requirements and Ownership
Contractor Garbage fees included in Exhibit B include all costs of the associated Containers unless
Container rental for a particular service is specifically listed in Exhibit B, such as rent for Drop -box
Containers.
Single -Family Residence, Multifamily, and Commercial Customers must use Contractor -provided
Containers for their initial Container of Garbage collection service, with the exception of compacting Drop -
box Containers, which may be Customer -owned or Customer -leased from other parties. Plastic bags or
Cans may be used for excess volumes of Garbage, but not as a Customer's primary container.
In the event the Customer uses a Can for Extra Units, the Contractor shall handle the Customer -owned
Can in such a way as to prevent undue damage. The Contractor shall be responsible for unnecessary or
unreasonable damage to or for unrequested removal of Customer -owned Containers.
All Contractor -provided Containers shall be permanently, clearly, and prominently screened, molded -in,
molded -on, imprinted, or otherwise labeled in a fashion that any reasonable person can readily determine
the intended material for the Container. The Container must also be labeled with the size capacity and
material preparation requirements. Contractor -provided Containers shall not be screened, molded -in,
molded -on, imprinted, or otherwise permanently labeled with the Contractor's logo or company name
unless the City provides written permission.
4.1.14.1 Garbage, Recyclables, and Compostables Carts
The Contractor shall provide a Micro -can, or twenty (20), thirty-two (32) or thirty-five (35), forty-five (45),
sixty-four (64), and ninety-six (96) gallon Garbage Carts for the respective level of Garbage collection,
thirty-two (32) or thirty-five (35), sixty-four (64), and ninety-six (96) gallon Recycling Carts for Recyclables
collection, and thirty-two (32) or thirty-five (35), sixty-four (64), and ninety-six (96) gallon Compostables
Carts for Compostables collection. The City shall transfer ownership of existing in-place Carts to the
Contractor, and the Contractor shall wash and re -label all Carts no later than January 30, 2024. All
replacement Carts shall be manufactured from a minimum of fifteen percent (15%) post -consumer
recycled plastic, with a lid that will accommodate a label. Carts shall be provided to requesting Customers
within seven (7) Days of the Customer's initial request. All Carts must have materials preparation
instructions including any Customer actions that would void manufacture warranties (such as placement
of hot ashes in the container causing the container to melt), procedures to follow to minimize potential
fire problems, and phone and website contact information printed on a sticker on the lid. If this sticker is
destroyed or removed, Contractor shall replace the sticker within seven (7) Days of being notified by the
Customer or City.
All Contractor -provided Carts shall be maintained by the Contractor in good condition for material storage
and handling; contain no jagged edges or holes; contain wheels or rollers for movement and be equipped
with an anti-skid device or sufficient surface area on the bottom of the Container to prevent unwanted
movement.
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Collection crews shall note missing or damaged lids, damaged hinges, holes, missing or poorly functioning
wheels, and other similar repair needs for Contractor -provided Carts (including those for Garbage,
Recyclables, and Compostables), and forward written or electronic repair notices that same day to the
Contractor's service personnel. Repairs shall then be made within seven (7) Days at the Contractor's
expense. Any Cart that is damaged or missing on account of an accident, collection truck mechanical error,
act of nature or the elements, fire, or theft or vandalism by a third party shall be replaced not later than
three (3) business days after notice from the Customer or the City. In the event that a Cart is inadvertently
lost into a collection vehicle during collection due to mechanical or operator error, Customers shall be
notified on the same day via a door knocker tag of the incident and a replacement Cart shall be provided
within twenty-four (24) hours of the loss. Replacement Carts may be used and reconditioned, but shall be
presentable and cleaned before delivered to the Customer. Unusable Containers shall be cleaned (if
necessary) and recycled to the extent possible.
In the event that a Customer repeatedly damages a Container or requests more than one replacement
Container during the term of the Contract due to negligence or intentional misuse, the Contractor shall
forward in writing the Customer's name and address to the City. The City shall then attempt to resolve
the problem. In the event that the problem continues, the Contractor may charge the Customer a City -
approved Container repair or replacement fee and/or discontinue service to that Customer, provided the
City provides previous written approval.
4.1.14.2 Detachable Containers and Drop -box Containers
The Contractor shall furnish and install one (1), one and a half (1.5), two (2), three (3), four (4), six (6), and
eight (8) cubic yard Detachable Containers, and ten (10), fifteen (15), twenty (20), twenty-five (25), thirty
(30), and forty (40) cubic yard un -compacted Drop -box Containers to any Customer who requires their
use for storage and collection of Garbage, Recyclables or Compostables within three (3) Days of the
Customer's request. Containers shall be located on the premises in compliance with any related
ordinance, and a manner satisfactory to the Customer and for collection by the Contractor.
The Contractor shall charge rent for temporary and permanent Drop -box Container service in accordance
with Exhibit B. The Contractor may not charge Customers any additional fees, charges, rates, or any
expenses in connection with Drop -box Container service other than the applicable fees listed in Exhibit B.
Detachable Containers shall be watertight and equipped with tight -fitting metal or plastic covers; have
four (4) wheels for Containers four (4) cubic yards and under unless site-specific concerns dictate the use
of a non -wheeled Container; be in good condition for Garbage or Recyclables storage and handling; be
safe for the intended use; and, have no leaks, jagged edges, or holes. Drop -box Containers shall be all -
metal, and if requested by a Customer, equipped with a tight -fitting screened or solid cover operated by
a winch in good repair.
Detachable Containers shall be cleaned, reconditioned, and repainted (if necessary), at the Contractor's
expense before being supplied to a Customer who had not used it earlier. The Contractor shall provide a
fee-based On-call Detachable Container cleaning service to Customers.
As between the Contractor and the City, all Containers on Customers' premises are at the Contractor's
risk and not the City's. The Contractor shall repair or replace within one (1) business day any Container
that was supplied by or taken over by the Contractor and was in use if the City Code Compliance Inspector,
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King County Health Department Inspector, or other agent having safety or health jurisdiction determines
that the Container fails to comply with reasonable standards or constitutes a health or safety hazard.
The Contractor shall place Detachable Containers in areas mutually agreed upon by the Contractor and
Customer with the least slope and best vehicle access possible. For Customers that must stage their
Detachable Containers on Public Streets or on significantly sloped hills, the Contractor shall make a good
faith effort to work with the Customer to ensure that Detachable Containers are not left unattended in
potentially problematic staging areas and are sufficiently restrained such that the Container may not roll
and cause harm to persons or property. The Contractor may require a Customer to attend to the
Containers immediately prior to and after collection. Any disputes arising between the Contractor and a
Customer as to what constitutes a "significantly sloped hill" or a "safety hazard" shall be submitted in
writing to the City, and the City's decision shall be final. Containers shall be replaced after emptying in the
same location as found, with the lid closed.
Customer Containers shall be supplied by the Contractor, with the exception of compactors. Customers
may elect to own or secure secondary Containers from other sources, and shall not be subject to
discrimination by the Contractor in collection services on that account, provided that such Containers
(including Carts) are compatible with the Contractor's collection equipment. However, Containers owned
or secured by Customers must be properly labeled to be eligible for collection. The Contractor shall
provide Garbage, Recyclables, and/or Compostable Container labels to Customers for use on personal
Containers upon request. The Contractor is not required to service Customer Containers that are not
compatible with the Contractor's equipment.
In the event that a Customer damages a Detachable Container or Drop -box Container due to negligence
or intentional misuse, the Contractor may charge the Customer a City -approved Container repair or
replacement fee and/or discontinue service to that Customer, provided the City provides previous written
approval.
4.1.14.3 Ownership
At the end of the Contract Term or in the event the Contract is terminated for any reason, all Containers
at Customer locations used by Contractor to provide Contract Services, shall, at the option of the City,
revert to City ownership without further compensation to the Contractor. Temporary Containers,
Compactor Drop -box Containers leased to Customers outside of this Contract, and all Containers held in
reserve at the Contractor's yard and not actively in service at a Customer location are excluded from this
provision.
The City may elect to assign this potential ownership of said Containers to a third -party, and shall provide
written notice to the Contractor. Any remaining warranties associated with the Containers described
herein shall be transferred to the City or the City's assignee.
The City in advance accepts all such Containers in their "as -is, where -is" condition and without any express
or implied warranty by the Contractor of any kind, including but not limited to any warranty of fitness for
any particular purpose or any warranty of merchantability. As between the City and the Contractor, the
City assumes all risks of loss or liability on account of the City's exercising of its rights under this Section
4.1.14.3 or any use made of any such Containers after they become the property of the City or assignee
of the City.
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4.1.14.4 Container Colors and Labeling
Contractor -provided Carts and Detachable Containers for Recyclables shall be blue, Compostables Carts
shall be grey, and Carts and Detachable Containers for Garbage shall be green. Specific Container colors
shall be approved in writing by the City prior to the Contractor's order of new Containers.
All distributed Containers shall be labeled with instructional information and contact information that
include both a Customer Service phone number and website address. In-place Containers inherited from
the City's previous contractor shall be washed and relabeled within sixty (60) Days of the start of collection
services under this Contract. All labels shall be approved by the City prior to ordering by the Contractor.
Location of the label on Containers shall be subject to the City's prior approval. Labels shall be replaced
when faded, damaged, or upon the City or Customer request. Should any changes be made to the
Garbage, Recycling, or Compostables collection program, the Contractor at their sole expense shall
reproduce and reaffix labels on all Containers. The City may, at its option, provide labels to the Contractor
to be affixed on the initial and replacement inventory of Carts and the Contractor shall place on the
specified location on each Cart. The City shall reimburse the Contractor the Contractor's cost of applying
the City's labels.
All Detachable Containers and Drop -box Containers to be used for Garbage or Recyclables collection shall
have materials preparation instructions and phone/contact information, including both a Customer
Service phone number and a website address, printed on a sticker, and subject to the prior written
approval of the City. All Detachable Containers and Drop -box Containers to be used for Garbage or
Recyclables shall have a sticker affixed that indicates no charge replacement or repair for leaky or broken
Containers, and provides a phone number to call. Information shall be printed in a size that is easily read
by the users, on durable UV -resistant label stock squarely affixed to each Container. All labels shall be
approved in writing by the City prior to ordering by the Contractor. Location of the label on the Containers
shall be subject to the City's prior written approval.
Containers used for the collection of Recyclables from Multifamily and Commercial Customers shall be
relabeled by the Contractor if labels fade, are unreadable, contain incorrect information, or upon City's
request for any individual Container.
4.1.14.5 Container Weights
The Contractor shall not be required to lift or remove materials from any Container exceeding the safe
working capacity of the Container, lifting mechanism, or collection vehicle. For Drop -box Containers, the
combined weight of the Drop -box and contents must not cause the collection vehicle to exceed legal road
weight limits.
Any loose Extra Units or Recyclables that are not place in a Container and must be manually loaded shall
be limited to fifty (50) pounds per bag or bundle unless otherwise authorized by the Contractor.
4.1.14.6 Container Removal Upon City or Customer Request
The Contractor shall remove all Containers automatically upon service cancellation within seven (7) Days
of the cancellation or upon three (3) business days of specific Customer, property manager, property
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owner, or the City's request. The contents of removed Containers shall be managed as if they were
collected on a regular route (e.g. Recyclables shall be recycled, Compostables shall be delivered for
composting). The disposal or recycling of materials accumulating in the Contractor's Container at the
former Customer's location after the final Customer -paid collection shall be at the Contractor's, not
Customer's cost. Failure to remove Containers within the specified timeline shall be subject to the same
performance fees as delayed Container delivery for that Customer sector.
4.1.15 Spillage
All loads collected by the Contractor shall be completely contained in collection vehicles at all times,
except when material is actually being loaded. Hoppers on all collection vehicles shall be cleared
frequently to prevent the occurrence of unnecessary blowing, leakage, or spillage.
Any leakage or spillage of materials upon the road surface or exposed appurtenances that occurs during
collection shall be cleaned up or removed by the Contractor within four (4) hours of the Contractor's
knowledge of the leakage or spillage at its sole expense. Any associated spillage or leakage entering the
City's municipal storm system shall be cleaned promptly by Contractor staff, to the extent possible. The
Contractor shall be responsible for all City's costs in the event that City staff or contractors are required
for spill containment or cleaning due to the Contractor's action. The Contractor shall document the fluid
leakage, including taking pictures before and after clean-up or removal, and shall provide this
documentation to the City. Leakage or spillage not cleaned up or removed by the Contractor within the
required time frame shall be cause for performance fees, as described in Section 6.1 and may be subject
to fines and penalties pursuant to City municipal code. Should a leakage or spillage occur during
collection, the Contractor shall notify the designated City contact. Contractor expressly acknowledges it
is solely responsible for any federal, State, or local violations, which may result from said leakage or
spillage.
Any leakage or spillage of materials that occurs during collection that is reported by Customers or the City
shall be cleaned up or removed by the Contractor within four (4) hours at its sole expense. The Contractor
shall document the reported leak or spillage, who reported the incident, and measures made to correct
the incident and report this information via e-mail to the Contract administrator within three (3) hours.
Failure of the Contractor to comply shall be cause for performance fees, as described in Section 6.1.
Any Contractor -supplied Container determined by the City to be leaking shall be replaced by the
Contractor within one (1) business day of notification from the City. Failure of the Contractor to comply
shall be cause for performance fees, as described in Section 6.1.
4.1.16 Pilot Programs
The City may wish to test and/or implement one or more new services or developments in waste stream
segregation, materials processing, or collection technology at some point during the term of this Contract.
The City shall notify the Contractor in writing at least ninety (90) Days in advance of its intention to
implement a pilot program or of its intentions to utilize a new technology system on a partial or City-wide
basis, or as negotiated between the City and Contractor. The costs (or savings) accrued by City -initiated
pilot programs shall be negotiated prior to implementation. If the City deems the pilot a success, and
desires to incorporate the service or development represented in the pilot program in the terms of this
Contract, the City and Contractor each agrees to negotiate in good faith and in accordance with Section
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8.14 to include the provisions of the pilot program into this Contract, including any costs or savings to be
accrued.
Contractor -initiated pilot programs shall require prior written notification to and written approval by the
City. Contractor -initiated pilot programs shall be performed at no additional charge to the City or the
Customers; however, costs (or savings) accrued may be subject to negotiations prior to implementation
at the City's request. Results of any Contractor -initiated pilot program shall be reported to the City in the
monthly reports described in Section 4.3.4.1. The Contractor shall not be required to test or implement
any pilot program, new technology, service or development unless the terms and conditions thereof
(including any savings or additional compensation to Contractor) have been mutually agreed in writing by
the City and Contractor.
4.1.17 Disruption Due to Construction
The City reserves the right to construct any improvement or to permit any such construction in any Public
Street in such manner as the City may direct, which may have the effect for a time of preventing the
Contractor from traveling the accustomed route or routes for collection. However, the Contractor and the
City shall develop a reasonable workaround to enable the Contractor to continue to collect Garbage,
Recyclables, and Compostables to the nearest extent possible as though no interference existed upon the
streets or alleys normally traversed. This shall be done at no extra expense to the City or Customers.
4.1.18 Contractor Planning and Performance Under Labor Disruption
No later than ninety (90) Days prior to the expiration of any labor agreement associated with services
performed under this Contract, the Contractor shall provide the City in writing with its planned response
to labor actions that could compromise the Contractor's performance under this Contract. The planned
response will take the form of a Contractor -prepared Strike Contingency Plan and shall address in detail:
1. The Contractor's specific staffing plan to cover Contract Services, including identification of staff
resources moved from out -of -area operations and the use of local management staff to provide
basic services. The staffing plan shall be sufficient to provide recovery of full operations within
seven (7) Days following the initiation of the disruption.
2. Contingency training plans to ensure that replacement and management staff operating routes
are able to continue to collect route data and follow collection and material delivery procedures
for all material streams collected from Customers.
3. Identification of temporary Drop -box Containers or staffed packer truck locations for all material
streams. For all sites identified in the Contractor -prepared Strike Contingency Plan, the Contractor
shall list the property owner/lessee's contact information and the date on which permission for
temporary use was received. The City shall review these locations, after which the City shall
approve or deny in writing use of specific locations.
4. A recovery plan to address how materials will be collected in the event of a short -notice disruption
that does not allow the Contractor to collect all materials on their regular schedule (e.g. a wildcat
strike) within seven (7) Days following the initiation of the disruption.
Except to the extent necessary to preserve the Contractor's attorney-client privilege and attorney work
doctrine rights, the Contractor shall keep the City informed of the status of active labor negotiations
affecting the Services hereunder on a timely basis, specifically during the period surrounding the end of
employee contracts with Contractor employees. In the event that labor disruptions of any kind cause
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reductions in service delivery, the Contractor shall inform the City within three (3) hours by phone and e-
mail of the nature and scope of the disruption, as well as the Contractor's immediate plans to activate
some or its entire Strike Contingency Plan. At the close of each service day during a Labor Disruption, the
Contractor shall report to the City via e-mail the areas (per a detailed map) and customer counts of served
and un -served customers by material stream and service sector.
The Contractor shall provide make-up collection on Saturday for any Single-family Garbage and
Recyclables collection Customers missed during the preceding week.
In the event that a disruption lasts more than one full Single-family Residential collection cycle, the
Contractor with approval of the City shall provide Drop -box Containers or staffed packer trucks for
Customer use for each affected material stream in approved locations throughout the affected route
areas, as well as the collection of reasonable quantities of accumulated materials at no additional charge
on the next regular collection cycle for each material.
If there is no make-up collection, the Contractor shall provide a credit for all service missed equal to the
Customers' pro -rata regular rate minus the disposal component on the Customer's next regular invoice.
The City and Contractor agree that the following special compensation and performance fees reflect the
best estimate of the impacts of the Labor Disruption to Customers and the City. The Contractor shall pay
the City monthly by the tenth day of the following month:
1. A cost reimbursement amount of one thousand dollar ($1,000) for each day of Labor Disruption
to reimburse staffing and other costs for managing the impacts of the Labor Disruption;
2. A performance fee of two thousand five hundred dollars ($2,500) a day for each day of Labor
Disruption from the first (1st) day to the seventh (7th) day of the Labor Disruption;
3. A performance fee of five thousand dollars ($5,000) a day for each day of Labor Disruption from
the eight (8th) day to fourteenth (14th) day of the Labor Disruption; and
4. A performance fee of ten thousand dollars ($10,000) a day for each day of Labor Disruption for
every day beyond the fourteenth (14th) day of Labor Disruption.
The performance fees listed as 2 through 4, above, are intended to apply to any complete work stoppage
where alternative but substantially equivalent service by non -striking employees is not provided by the
Contractor or otherwise. In the event substantially equivalent service is provided by the Contractor
through the employment of non -striking employees at any point during the course of the labor disruption,
the Contractor is entitled to reduce the amount of the performance fees that otherwise would be due on
a pro -rata basis, based on the percentage of Contract service provided to Customer provided on that day.
Given the nature of the failure arising from labor disruptions, the Contractor shall not be allowed any cure
period opportunity or rectification process; provided, however, that the City may elect to receive the
equivalent value of additional services, as negotiated, in lieu of these specific performance fees.
The Contractor's failure to comply with the Contractor -prepared Strike Contingency Plan of this section
shall be subject to a special fee of one thousand dollars ($1,000) per day for its non-compliance during
the Labor Disruption event. This special fee is separate compensation to the City for the Contractor's
failure to plan and execute the provisions of this section. The special fee shall be paid to the City within
thirty (30) Days of the Contractor's receipt of the City's invoice.
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Fees paid by the Contractor under the terms of this Section 4.1.18 are not regular performance fees for
the purposes of Section 6.1 and shall not be counted in the cumulative performance fee default threshold
referenced in Section 6.2 (6).
Any Contractor -prepared Strike Contingency Plan or other information communicated by the Contractor
to the City pursuant to this section shall be maintained in confidence by the City to the maximum
permissible extent under applicable law.
4.1.19 Site Planning and Building Design Review
The Contractor shall, upon request and without additional charge, make available site planning assistance
to either the City and Customers or potential Customers, and shall publicize the appropriate contact
information for this function. The site planning assistance shall be available for all new construction or
remodeling of buildings and structures within the Service Area, and shall address the design and planning
of Garbage, Recyclables, and Compostables removal areas and their location upon the site of the proposed
construction or remodeling project. Contractor planning assistance for optimizing loading docks and
other areas shall also be available for existing building managers when realigning Garbage, Recyclables,
and Compostables services.
4.1.20 Safeguarding Public and Private Facilities
Contractor shall protect all public and private improvements, facilities, and utilities whether located on
public or private property, including streets, signs/posts, light poles, planting strips, and trees. If such
improvements, facilities, utilities, or streets are damaged as a result of Contractor's operations,
Contractor shall notify the City in writing of all damage within four (4) hours, and Contractor shall repair
or replace the same or pay the City for the costs of repairs, including overhead and administrative costs.
If the damage creates an immediate public safety issue that requires an immediate response, Contractor
shall, along with notifying the City in writing, call the City to inform them of such matter. If Contractor fails
to do so promptly, as determined by the City, the City shall cause repairs or replacement to be made, and
the cost, including overhead and administrative costs, of doing so shall be paid by the Contractor. The
Contractor shall be liable for any damage to property or person caused by the negligent actions of
Contractor, and the Contractor shall indemnify and hold the City harmless for any such damage or legal
implications from said actions.
4.1.21 Transition and Implementation of Contract
The Contractor shall develop, with the City's input and prior written approval, and submit to the City no
later than thirty (30) Days after the Date of Execution of this Contract, a Transition and Implementation
Plan for introducing the new and revised services to the different Customer sectors (i.e., Single-family,
Multifamily, and Commercial Customers), and detailing a specific timeline as to when different activities
and events will occur, including details of Container delivery, how different events impact other events in
the timeline and the process to be used to ensure that implementation occurs with no disruption. The
Transition and Implementation Plan shall cover the entire period following the Date of Execution of this
Contract, up through and including the six (6) month period following the Date of Commencement of
Service. The Transition and Implementation Plan shall describe in detail what is involved with each of the
activities and events listed in the timeline. The Transition and Implementation Plan shall also specifically
address how the Contractor intends to proceed in the event of inclement weather and what contingency
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plans will be in place to accelerate implementation if Container delivery or other planned activities are
impacted by inclement weather.
The Contractor shall be responsible for funding all the design, development, printing, sorting, mail prep,
delivery, and mailing costs, including the cost of the postage -prepaid mail -back cards and any costs
associated with the website ordering services, and of all new and continuing service and educational
materials described above and needed to comply with the Transition and Implementation Plan outreach
described in this section of the Contract.
Any additional promotional, educational, informational, and outreach materials provided by the
Contractor to Customers in connection with the initial transition and implementation of the Contract shall
be designed, developed, printed, and delivered by the Contractor unless otherwise directed by the City,
at the Contractor's cost, and subject to the City's prior review and written approval and the City's final
approval as to method of delivery. Customer materials must contain important dates/timelines, answers
to frequently asked questions, information about translations available, and a phone number and website
for Customers needing additional information. Materials must contain clear and accurate wording, easy -
to -read font, professional visual graphics, be free of inaccurate or misleading information, be free of
typographical errors, and must be printed on minimum 30% post -consumer recycled paper. The City will
be provided a minimum of two (2) weeks to review any of the materials included in the Contractor's
Transition and Implementation Plan schedule to allow sufficient time for the City prior review and written
approval.
4.1.22 Performance Review
The City may, at its option, and upon reasonable notice to the Contractor, conduct a review of the
Contractor's performance under this Contract. If conducted, the performance review shall include, but is
not limited to, a review of the Contractor's performance relative to requirements and standards
established in this Contract, including Customer Service standards. The Contractor agrees to fully
cooperate with the performance review and work with City staff and consultants to ensure a timely and
complete review process.
The results of the performance review shall be presented to the Contractor within thirty (30) Days of
completion. Should the City determine that the Contractor fails to meet the Contract performance
requirements and standards, the City shall give the Contractor written notice of all deficiencies. The
Contractor shall have sixty (60) Days from its receipt of notice to correct deficiencies to the City's
satisfaction. If the Contractor fails to correct deficiencies within sixty (60) Days, the City may allow the
Contractor additional time to comply, accept other remedies for the service failure or proceed with the
contract default process pursuant to Section 6.2 of this Contract, at the City's sole option.
The costs of the development and implementation of any action plan required under this Section 4.1.22
or Section 6.1 for the purpose of addressing failures on the part of the Contractor to perform in
accordance with the terms and conditions of this Contract shall be paid for solely by the Contractor, and
the costs of developing or implementing such action plan may not be passed on to Customers or the City,
or included in rates or fees charged Customers.
The City may, at its option, and upon reasonable notice to the Contractor, design and implement an
alternative annual Contract compliance monitoring program with or without Contractor performance
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incentives. If such a program is desired by the City, the City and Contractor agree to negotiate in good
faith the monitoring methodologies used to ensure accurate and unbiased sampling of performance data.
The City shall bear the costs of City staff, City -retained consultants and performance incentives (if used)
and the Contractor shall bear the costs of Contractor staff and route costs to perform the monitoring.
4.1.23 Continual Monitoring and Evaluation of Operations
The Contractor's supervisory and management staff shall be available to meet with the City in person or
via phone/video conference, at the City's option, on a weekly basis during the period three (3) months
before and two (2) months after the Date of Commencement of Service and monthly throughout the term
of the Contract to discuss operational and Contract issues.
The Contractor shall continually monitor and evaluate all operations to ensure that compliance with the
provisions of this Contract is maintained.
The City may periodically monitor collection system parameters such as participation, Container
condition, contents weights, and waste composition. The Contractor shall assist and fully cooperate with
the City by coordinating the Contractor's operations with the City's periodic monitoring to minimize
inconvenience to Customers, the City, and the Contractor. The Contractor also shall provide full access to
equipment, processing facilities, route and Customer Service data, safety records, and other applicable
information. The City's review of Contractor activities and records shall occur during normal Office Hours
and shall be supervised by the Contractor's staff.
4.1.24 Collection/Disposal Restrictions
Unless otherwise directed by the City, all Garbage collected under this Contract, as well as residues from
processing Recyclables and Compostables (to the extent required for the City to comply with its Solid
Waste Interlocal Agreement with the County), shall be delivered to the King County Disposal System in
compliance with all King County rules regarding such disposal.
Garbage containing obvious amounts of Yard Debris shall not knowingly be collected from Customers and
instead prominently tagged with a written notice informing the Customer that the County does not accept
Yard Debris mixed with Garbage for collection. Contractor's awareness, knowing, or intentional collection
of Garbage mixed with visible Yard Debris shall be grounds for performance fees as provided in Section
6.1. Contractor shall be liable and legally responsible for the Contractor's awareness, knowing, or
intentional collection of Garbage mixed with visible Yard Debris. The Contractor shall indemnify and hold
the City harmless for any damage or liability resulting from said collection.
The Contractor shall not knowingly collect or dispose of Unacceptable Waste or other hazardous materials
that are either restricted from disposal or would pose a danger to collection crews. If materials are
rejected for this reason, the Contractor shall leave a written notice in a prominent location with the
rejected materials listing why they were not collected and providing the Customer with a contact for
further information about proper disposal options for such materials.
Title to and liability for any Unacceptable Wastes that are included with any materials collected under this
Contract by Contractor despite the City's and Contractor's attempts to prevent the inclusion of such
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materials shall not pass to Contractor, but shall remain with the party from whom such Unacceptable
Waste or any such other materials or substances is received.
Garbage collected by the Contractor may be processed by the Contractor to recover recyclable material;
provided, however, that the residual is appropriately disposed of within the King County Disposal System.
The processing of such Recyclable material shall only be undertaken with the prior written approval of the
County and the City and in accordance with the Solid Waste Interlocal Agreement between the County
and the City. Contractor in all such instances shall charge Customers no more than the equivalent Garbage
disposal fee within the King County Disposal System or such other disposal fee as the City reasonably
directs the Contractor to charge. In addition, hauling fees charged by the Contractor in such instances
shall be no higher than those provided for in Exhibit B.
4.1.25 Emergency Response
Contractor shall assist the City in the event of a disaster or emergency declaration. Contractor services
shall be provided as soon as practical upon City direction and paid at the Contract rates in Exhibit B.
Contractor shall keep full and complete records and documentation of all costs incurred in connection
with disaster or emergency response, and include such information in the monthly and annual reports
required under Section 4.3.4. Contractor shall maintain such records and documentation in accordance
with the City's prior written approval and any standards established by the Federal Emergency
Management Agency (FEMA), and at the City's request, shall assist the City in developing any reports or
applications necessary to seek federal assistance during or after a federally -declared disaster.
4.1.26 Vacation Service Stops
Single -Family Residential Customers shall have the option of stopping collection services if their Residence
will be vacant for more than four (4) consecutive weeks. The Customer shall not be charged for services
during the vacation stop period. The Contractor may charge a standby fee as provided for in Exhibit B for
vacation service stop exceeding ninety (90) Days.
4.1.27 Hiring Preference
For initial hiring under this Contract, the Contractor and subcontractors shall give hiring preference to any
Garbage, Recyclables, or Compostables (including Yard Debris) collection workers who serviced City
routes for the previous hauler at the time that the previous collection contract expired and have been
displaced as a result of the City awarding this Contract, provided that such workers are fully qualified and
meet the Contractor's standards for employment. Nothing in this section is intended to create any third
party rights under this Contract.
Upon the hiring of a displaced collection worker represented by Teamsters Local 117 or 174, the
Contractor shall be required to keep the displaced worker whole in regard to the workers' pay and benefit
accruals earned as of the date of displacement. To the extent application of the Contractor's collective
bargaining agreement would otherwise result in a reduction in pay or benefits, the existing pay/benefit
accrual will be maintained at the current rate until such time as the applicable bargaining agreement
provision(s) provides for an increase. Any displaced worker must be reimbursed by the company for any
required COBRA payment made in order to retain health care coverage during the time period between
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displacement and when the worker would become eligible for such benefits under the collective
bargaining agreement.
4.2 Collection Services
4.2.1 Single -Family Residence Garbage Collection
4.2.1.1 Subject Materials
The Contractor shall collect all Garbage placed at Curbside for disposal by Single -Family Residence
Customers in, and properly prepared and contained materials adjacent to, Garbage Carts, Cans, and bags.
4.2.1.2 Containers
The Contractor shall provide collection Containers to Customers at no additional charge as part of the
Customer -chosen service level. Garbage Containers shall be delivered by the Contractor to Single -Family
Residence Customers within seven (7) Days of the Customer's initial request. Each Customer's initial
Container must be a Contractor -provided Container, provided that Garbage in excess of the Customer's
initial Container may be bundled or placed in a Customer -owned Can or plastic bag.
4.2.1.3 Specific Collection Requirements
The Contractor shall offer regular weekly collection of the following service levels:
1. Ten (10) gallon Micro -can;
2. Twenty (20) gallon Garbage Cart;
3. Thirty-two (32) or thirty-five (35) gallon Garbage Cart;
4. Forty-five (45) gallon Garbage Cart;
5. Sixty-four (64) gallon Garbage Cart; and
6. Ninety-six (96) gallon Garbage Cart.
The Contractor shall also offer a service of once per month collection of non-putrescible waste in a thirty-
two (32) or thirty-five (35) gallon Cart.
Carry -out surcharge fees shall be assessed only to those Customers who choose to have the Contractor
move Containers to reach the collection vehicle at its nearest point of access, unless otherwise provided
for in this Contract. The Carry -out surcharge fee listed in Exhibit B shall be charged once for all three
collection streams.
Garbage in excess of Container capacity or the subscribed service level shall be collected and properly
charged as Extra Units to the Customer; with the exception of excess Garbage collection otherwise
authorized under this Contract at no additional charge to the Customer. Extra charges may be assessed
for materials loaded so as to lift the Container lid in excess of six inches (6") from the normally closed
position. Overweight Containers shall be left at the Curb and tagged with written notification as to why it
was not collected.
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The Contractor shall maintain route lists in sufficient detail to allow accurate recording and charging of all
Extra Units. Customers shall be allowed to specify that no Extra Units be collected without prior Customer
notification, which shall be provided by the Single -Family Residence Customer no less than one (1)
business day prior to that Customer's regular collection. If a Customer specifies no Extra Units, than such
materials shall be left at the Curb uncollected and tagged with written notification as to why it was not
collected.
Collections shall be made from Single -Family Residences on a regular schedule on the same day and as
close to a consistent time as possible.
The Contractor shall offer Single -Family Residential Customers an On -Call clean-up program that allows
each Single -Family Customer to place up to two (2) cubic yards of Garbage once each year at the Curb for
collection on the Customer's regular collection day, provided that any individual item is no larger than
three feet (3') by three feet (3'), plus four (4) non -appliance bulky items such as couches or large chairs.
The Contractor shall track usage to ensure that no Customer uses more than their allowed one collection
per calendar year, unless they pay for regular Extra Units or Bulky Waste collection service.
4.2.2 Single -Family Residence Recyclables Collection
4.2.2.1 Recyclable Materials
Residential Recyclables shall be collected from all participating Single -Family Residences Customers as
part of Garbage collection services, at no additional charge. If operational or recycling processing
improvements are made that allow additional materials to be recycled at no additional cost to the
Contractor, the Contractor agrees to expand the defined list of Residential Recyclables to cover such
materials, subject to prior written approval by the City. The Contractor shall collect Curbside prepared
Recyclables as described in Exhibit C. With the exception of Corrugated Cardboard, the maximum
dimensions for Recycling materials shall be two feet (2') by two feet (2').
The City reserves the right to engage in product stewardship and/or waste prevention activities that may
result in one or more materials being removed from the Exhibit C list.
4.2.2.2 Containers
The Contractor shall provide collection Recycling Containers to Customers at no charge. The default
Recycling Cart size shall be ninety-six (96) gallons, provided that the Contractor shall offer and provide
thirty-two (32)/thirty-five (35) or sixty-four (64) gallon Recycling Carts on request to those Single -Family
Residence Customers requiring less capacity than provided by the standard ninety-six (96) gallon Recycling
Cart. A Customer may request and receive from the Contractor one additional Recycling Cart at no
additional charge. Additional Carts above the two provided at no cost shall be charged at the extra
Recycling Cart rate provided in Exhibit B.
Recycling Carts shall be delivered by the Contractor to new Single -Family Residence Customers, those
Customers requesting replacements or additional Carts, or Customers that had previously rejected their
Recycling Cart, within seven (7) Days of the Customer's initial request.
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4.2.2.3 Specific Collection Requirements
Single -Family Residence Recyclables collection shall occur every -other -week on the same day as each
household's Garbage and Compostables collection. Collections shall be made from Residences on a
regular schedule on the same day and as close to a consistent time as possible. The Contractor shall collect
on Public Streets and Private Roads in the same location as Garbage collection Service.
The Contractor shall collect all Residential Recyclables from Single -Family Residences that are placed in
Carts, paper bags, boxes, or labeled Cans next to the Customers' Recycling Cart. Customers choosing to
use their own Containers for excess Recycling shall be provided, upon Customer request, durable labels
by the Contractor that clearly identify the Container's contents as Recycling. Recyclables must be prepared
as described in Exhibit C and uncontaminated with food or other residues. No limits shall be placed on
set -out volumes for Curbside Recyclables, other than those specifically listed in Exhibit C.
4.2.3 Single -Family Residence Compostables Collection
4.2.3.1 Subject Materials
The Contractor shall provide subscription -based (user fee-based) Compostables collection services to
requesting Single -Family Customers.
4.2.3.2 Containers
A Compostables Cart shall be provided to all Single -Family Customers who subscribe for Compostable
service. Compostable service Customers shall be provided a kitchen Food Scraps composting starter kit
upon request, including a kitchen container, one roll of compostable bag liners, and instructional
materials. The contents of the starter kit shall be approved by the City prior to distribution. Customers
shall be limited to one starter kit per Customer.
The default Compostables Cart size shall be ninety-six (96) gallons, with thirty-two (32) or thirty-five (35)
gallon and sixty-four (64) gallon sizes available upon request. The first Compostables Carts shall be
provided as part of the Compostables service. Additional 96 -gallon Compostables Cart service shall be
provided by the Contractor, at the rate provided in Exhibit B. The additional Cart service includes the
provision of the Cart, collection and composting costs. Customers may also rent an additional 96 -gallon
Cart without service (rental only) at the rate provided in Exhibit B.
Compostables Carts shall be delivered by the Contractor to Customers within seven (7) Days of the
Customer's initial request. The Contractor shall offer an annual cleaning of Compostables Carts at no
additional charge, upon Customer or City request. Additional cleaning shall be available to Customers
upon request at the charges listed in Exhibit B.
4.2.3.3 Specific Collection Requirements
Properly prepared Compostables shall be collected every -other -week on the same day as Residential
Garbage and Recyclables collection. Collections shall be made from Single -Family Residence Customers
on a regular schedule on the same day and as close to a consistent time as possible. Compostables in
excess of ninety-six (96) gallons may be charged at the additional Cart rate (if that Customer has ordered
one or more additional Compostables Carts) or as Compostables Extra Units in accordance with Exhibit B.
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Extra Yard Debris material that does not fit in the initial Compostables Cart shall be bundled or placed in
Kraft bags or Customer -owned Cans labeled for Yard Debris. Customers choosing to use their own
Containers for excess Yard Debris shall be provided, upon Customer request, durable labels by the
Contractor that clearly identify the Container's contents as Yard Debris. Food Scraps shall be contained in
the initial Compostables Cart and only Yard Debris shall be placed in bags, bundles, or Cans.
The Contractor shall provide collection of unflocked, undecorated, natural Christmas trees from
Residential Customers at no additional charge. Customers who subscribe to Compostable collection may
place trees out for collection on their regularly scheduled Compostable collection day. Customers who
do not subscribe to Compostable collection may place trees out for collection within the first two weeks
of Compostables collection each calendar year. Trees must be no greater than four feet (4') in length.
Upon direction from the City, for two (2) collection cycles immediately following a City -designated storm
event, up to ninety-six (96) additional gallons of containerized, bundled, or bagged Compostable storm
debris shall be accepted with regular quantities of Compostables without additional charge, provided that
the materials are prepared and set -out as described for excess Yard Debris in the prior section. This
service shall be available only to Compostables service subscribers and shall be limited to no more than
three (3) events per year.
The Contractor shall collect on Public Streets and Private Roads in the same location as Garbage collection
is provided.
4.2.4 Multifamily and Commercial Customer Garbage Collection
4.2.4.1 Subject Materials
The Contractor shall collect all Garbage set out for disposal by Multifamily and Commercial Customers in
Garbage Containers, and adjacent to, if properly prepared.
4.2.4.2 Containers
Multifamily and Commercial Customers shall be offered a full range of Container and service options,
including Garbage Carts, one (1) through eight (8) cubic yard non -compacted Detachable Containers, and
one (1) through six (6) cubic yard compacted Detachable Containers. Containers shall be provided to
Customers at no charge, except for compacting Containers or unless otherwise set forth in this Contract
and directed by the City. Customer -owned or Customer -leased Detachable Container compactors shall
be collected by the Contractor unless the Container is incompatible with the Contractor's equipment. The
Contractor shall provide locks for Containers at no additional charge upon Customer -originated request.
Materials in excess of Container capacity or the subscribed service level shall be collected and properly
charged as Extra Units as directed by the City. Extra charges may be assessed for materials loaded so as
to lift the Container lid in excess of six inches (6") from the normally closed position. The Contractor shall
develop and maintain route lists in sufficient detail to allow accurate recording and charging of all Extra
Units.
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The Contractor may use either or both front -load or rear -load Detachable Containers to service
Multifamily and Commercial Customers. However, not all collection sites within the Service Area may be
appropriate for front -load collection due to limited maneuverability or overhead obstructions. The
Contractor shall provide Containers and collection services capable of servicing all Customer sites,
whether or not front -load collection is feasible.
Containers shall be delivered by the Contractor to requesting Multifamily and Commercial Customers
within three (3) business days of the Customer's initial request.
4.2.4.3 Specific Collection Requirements
Collections from both Multifamily and Commercial Customers shall be made on a regular schedule on the
same day and as close to a consistent time as possible. The Contractor's crews shall make collections in
an orderly and quiet manner, and shall return Containers after emptying to the same location as found,
with their lids closed.
The Contractor shall not charge fees for either opening gates or unlocking Containers. The Contractor shall
remove and replace Containers from enclosures and position (roll-out) Containers up to twenty-five feet
(25') for Garbage collection at no additional charge. Additional roll-out charges may be assessed in twenty-
five foot (25') increments only to those Multifamily and Commercial Customers for whom the Contractor
must move a Container over twenty-five feet (25') to reach the collection vehicle at its nearest point of
access. Customers with hard -to -access Containers requiring the Contractor to wait for Customer
Container relocation or requiring Contractor's use of specialized equipment for Container relocation may
charge those Customers additional access fees and/or hourly fees consistent with Exhibit B.
Multifamily and Commercial Customers may request extra collections and shall pay a proportional amount
of their regular monthly rate for that service as established by the City.
4.2.5 Multifamily and Commercial Customer Recyclables Collection
4.2.5.1 Subject Materials
All properly prepared Recyclables listed in Exhibit C for Multifamily and Commercial Customers (including
those Multifamily and Commercial Customers utilizing permanent Drop -box Collection services), shall be
collected as part of the Garbage collection services without extra charge, subject to the capacity
limitations provided for in Section 4.2.5.3. The Contractor may decline to collect Recyclables if the
Container in which they are placed by the Customer contains Excluded Materials or other materials that
do not conform to the definition of Recyclables or that do not meet specifications.
4.2.5.2 Containers
The Contractor shall provide Recycling Containers at no additional charge to all Multifamily and
Commercial Customers requesting Containers.
The Contractor shall encourage and promote participation in Recyclables and Compostables services and
shall recommend appropriate relative Container sizes through its site visit and evaluation process. The
Contractor shall encourage the use of Detachable Containers instead of multiple Carts at Multifamily sites
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where more than one (1) cubic yard of Recycling capacity is provided, unless constraints favor the use of
Carts. The Contractor shall provide locks for Containers at no additional charge upon Customer -originated
request. Containers used for the collection of Recyclables shall be delivered by the Contractor to
requesting Customers within three (3) business days of the Customer's initial request.
4.2.5.3 Specific Collection Requirements
Multifamily and Commercial Recyclables collection shall occur at least weekly or more frequently if space
constraints preclude providing sufficient weekly capacity. Collections shall be made on a regular schedule
on the same day(s) of the week and as close to a consistent time as possible. The Contractor's crews shall
make collections in an orderly and quiet manner, and shall return Containers after emptying to the same
location as found, with their lids closed.
When providing weekly Commercial Recyclables collection to a particular Customer, the Contractor shall
not be required to provide Recycling Container capacity greater than one hundred fifty percent (150%) of
that Customer's weekly Garbage collection volume. For example, a Customer with a weekly four (4) cubic
yard Garbage Container would be provided up to six (6) cubic yards of weekly Recyclables Container
capacity. Any additional recycling may be fee-based as negotiated between the Customer and Contractor.
A 3 -to -1 ratio shall be used for calculating volumes for compaction -based Garbage service. For example,
a six (6) cubic yard compacted Garbage Container would be considered eighteen (18) cubic yards of
uncompacted Garbage volume.
The Contractor shall not charge fees for either opening gates or unlocking Containers. The Contractor shall
remove and replace Containers from enclosures and position (roll-out) Containers up to twenty-five feet
(25') for Recycling collection at no additional charge. Additional roll-out charges may be assessed in
twenty-five foot (25') increments only to those Multifamily and Commercial Customers for whom the
Contractor must move a Container over twenty-five feet (25') to reach the collection vehicle at its nearest
point of access. Customers with hard -to -access Containers requiring the Contractor to wait for Customer
Container relocation or requiring Contractor's use of specialized equipment for Container relocation may
charge those Customers additional access fees and/or hourly fees consistent with Exhibit B.
4.2.6 Multifamily and Commercial Customer Compostables Collection
The Contractor shall provide subscription -based (user fee-based) Compostables collection services to
requesting Multifamily and Commercial Customers.
4.2.6.1 Subject Materials
The Contractor shall provide collection of Compostables from any requesting Multifamily or Commercial
Customer, subject to that Customer's continued compliance with material preparation requirements.
Containers including contaminated or oversized Compostables materials rejected by the Contractor shall
be tagged in writing in a prominent location with an appropriate problem notice explaining why the
material was rejected.
4.2.6.2 Containers
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Carts shall be provided to subscribers as part of the service at no additional charge. The Contractor shall
offer regular thirty-two (32) or thirty-five (35) gallon, sixty-four (64) gallon, and ninety-six (96) gallon
Compostable Carts at the rates set forth in Exhibit B.
To encourage Compostable diversion, upon request, the Contractor shall provide one (1) Compostable
Cart to be serviced weekly for up to one (1) year to any Multifamily or Commercial Customer who
previously did not subscribe to Compostables service. In order to participate, Customers must have
demonstrated proper Recyclable materials preparation and accept technical assistance for Compostables.
Carts may be removed if the Customer repeatedly contaminates the Compostables Cart. This no -charge
program is limited to one hundred (100) Customers per calendar year. Additional service frequency,
additional Carts, or time period after one (1) year shall be charged at the rates set forth in Exhibit B.
The Contractor shall offer an annual cleaning of Compostables Carts at no additional charge, upon
Customer or City request. Additional cleaning shall be available to Customers upon request at the charges
listed in Exhibit B. Compostables Carts shall be delivered by the Contractor to Multifamily and Commercial
Customers within three (3) business days of a Customer's initial request.
4.2.6.3 Specific Collection Requirements
Multifamily and Commercial Customer Compostables collection shall occur weekly or twice -weekly, as
subscribed for and requested by the Customer. Collections shall be made on a regular schedule on the
same day(s) of the week and as close to a consistent time as possible. The Contractor's crews shall make
collections in an orderly and quiet manner, and shall return Containers after emptying to the same
location as found, with their lids closed.
4.2.7 Permanent Drop -box Container Garbage Collection
4.2.7.1 Subject Materials
The Contractor shall provide permanent Drop -box Container Garbage collection services to Customers, in
accordance with the service level selected by the Customer. For the purposes of this Section, a permanent
Drop -box Container Customer is a Customer who retains service for more than ninety (90) Days and has
their Container hauled at least once per calendar month.
Permanent Drop -box Container Customers who have at least one (1) haul of their Container each month
are eligible for Recycling services per Section 4.2.5. If a permanent Drop -box Container Customer with
regular Recycling service falls below the minimum one (1) Garbage haul per month threshold, the
Contractor shall notify the Customer of the minimum requirement for Recycling eligibility and that the
Contractor will charge for future Recycling collection at market rates if the minimum Garbage haul
threshold is not met in successive months.
4.2.7.2 Containers
The Contractor shall pay the cost of procuring and providing Containers for Garbage meeting the
standards described in Section 4.1.14. Customer -owned or Customer -leased Drop -box Container
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compactors shall be collected by the Contractor unless the Container is incompatible with the Contractor's
equipment.
The Contractor shall maintain a sufficient Drop -box Container inventory to provide delivery of empty
Containers by the Contractor to new and temporary Customers within three (3) business days after the
Customer's initial request.
4.2.7.3 Specific Collection Requirements
The Contractor shall provide dispatch service and equipment capable of collecting full Drop -box
Containers on the same business day if the Customer's initial request is received by the call center before
or at 10:00 a.m. PST, and no later than the next business day if the Customer's initial call is received by
the call center after 10:00 a.m. PST. At the Customer's request, the Contractor shall deliver an empty
Drop -box Container to the Customer at the time of collecting the full Drop -box Container. Drop -box
Containers shall be delivered to new Customers within one (1) business day of their initial request.
The Contractor shall detach, remove, and replace Drop -box Containers from locked or unlocked
enclosures at no additional charge. The Contractor may charge additional time and/or mileage only if (1)
the Customer requests that Contractor deliver material to a facility other than the closest King County
disposal facility, (2) the facility is one to which the Contractor is allowed to deliver the material under this
Contract, and (3) Contractor delivers the material to such facility after advising the Customer in writing
(e-mail is acceptable) as to the basis of the additional time and/or mileage charges to be payable by the
Customer on account of such delivery(ies).
4.2.8 Temporary (Non -Event) Container Customers
The Contractor shall maintain a sufficient Container inventory, including Detachable Container and Drop -
box Containers, to provide delivery of empty Containers by the Contractor to temporary Customers within
three (3) business days after the Customer's initial request. The charges for temporary Detachable
Container service as listed in Exhibit B shall include delivery, collection, distance, and disposal. No
additional fees other than those included in Exhibit B may be charged. Temporary Garbage services do
not include Recycling or Compostables collection and shall not exceed ninety (90) Days in duration, unless
the Customer has their Container hauled less than once per calendar month, in which case they will
continue to be considered a temporary customer. Customers requiring more than monthly collection
service for over ninety (90) Days shall subscribe for regular combined Garbage and Recycling, service.
4.2.9 Special Event Services
Contractor shall provide temporary Garbage, Recyclables, and Compostables Carts to Customers
sponsoring special events within the Service Area at the rates listed in Exhibit B. Contractor shall provide
such Customers with assistance in determining Container needs and signage for Garbage, Recyclables,
and Compostables at the special events, including site visits and technical assistance to ensure that the
maximum Recyclables and Compostables diversion is achieved. Contractor shall coordinate their efforts
with the City, and provide such Customers and the City with a summary of the volumes of materials
disposed of and diverted for recycling and composting.
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Contractor shall provide special event services as a bundle, with each event providing collection of
Recyclables and Compostables at no additional charge as part of the event Garbage collection service. The
provision of Garbage -only service shall only be provided on a case-by-case basis upon prior written
approval of the City.
4.2.10 Municipal Services
The Contractor shall provide the services in this Section 4.2.10 at no additional charge to Customers or
the City.
In the event that the value of municipal services provided by the Contractor year-on-year increases more
than the change in overall Contract revenues year-on-year, the City will either pay for the additional value
of services, limit the provision of services to additional facilities, or adjust Contractor's rates to reflect the
excess cost to Contractor in providing such services.
If the City is restricted from accepting these services at no charge, the Contractor shall be separately and
specifically paid for these services at Contract rates and the Contractor shall reduce the Contract rates by
the estimated costs of providing these services to the City at no charge.
4.2.10.1 Street Litter and Recycling
The Contractor shall provide weekly or more frequent as needed Garbage and Recycling collection for
street litter or recycling receptacles (including the provision of plastic bags to line the receptacles) within
the City.
4.2.10.2 City Facilities
The Contractor shall provide weekly Garbage, Recyclables and (as appropriate) Compostables collection
to all City -owned municipal facilities and parks as a part of this Contract and at no additional charge. As
of the date herein, these facilities consist of the following:
Facility
Address(s)
Bicentennial Park
6000 Christensen Rd
City of Tukwila
6300 Southcenter Blvd
Crestview Park
16200 42nd Ave S
Crystal Park
15832 51st Ave S
Evidence & Records Storage
12026 42nd Ave S
Fire Station 51
17951 Southcenter Pkwy
Fire Station 52
15447 65th Ave S
Fire Station 53
4202 S 115th St
Fire Station 54
4237 S 144th St
Fort Dent Park
6800 Fort Dent Way
Foster Golf Course
13500 Interurban Ave S
Foster Park
13919 53rd Ave S
George Long Building
14000 Interurban Ave S
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Facility
Address(s)
Justice Center
14835 & 15005 Tukwila International Blvd
Minkler Office
600 Minkler Blvd
Old Fire Station 52
5900 S 147th St
Parks & Golf Maintenance Facility
13900 Interurban Ave S
Police Evidence
444 Andover Park East
Public Works Maintenance Shop
11210 & 11234 Tukwila International Blvd
Starfire Sports Complex
14800 Starfire Way
Tukwila City Hall
6200 Southcenter Blvd
Tukwila Community Center
12424 42nd Ave S
Tukwila Heritage & Cultural Center
14475 59th S
Tukwila Park
15460 65th Ave S
Tukwila Pond
299 Strander Blvd
Tukwila Pool
4414 S 144th St
Way Back Inn
15421 42nd Ave S
14688 McCadam Rd S
14239 42nd Ave
At any time during the term of this Contract, the City may add facilities in addition to those listed above.
Additional municipal facilities added during the term of the Contract shall also be provided collection,
including new facilities developed within the City Service Area, as well as municipal facilities in future
annexation areas covered by this Contract.
In cases in which Garbage, Recyclables, or Compostables are generated through the performance by third
parties of services for the City outside of the normal operation of a municipal facility, Contractor may
charge for the collection of such materials in accordance with charges listed in Exhibit B. For example, the
City could be required by Contractor to pay for the disposal of debris generated by the replacement of
the roof of a City facility. Regular Garbage, Recyclables, and Compostables generated on an ongoing basis
at all City facilities in the ordinary course of their operations, however, whether generated by staff or third
parties (e.g. janitorial contractor) will be collected by the Contractor without charge to the City. Tenants
and other occupants of a municipal facility, other than those who operate the facility as a City contractor
of municipal services may be charged by Contractor in accordance with this Contract for the collection
from them of associated Garbage, Recyclables, and Compostables.
The Contractor shall provide Garbage, Recycling, and Compostables collection services to the City for up
to ten (10) clean-up events each calendar year. At each event, the Contractor shall provide a forty (40)
yard Drop -box Container (or other size approved by the City) without charge to the City. Contractor shall
waive delivery, rental, disposal, and other fees for the first ten (10) events each year. All Source -separated
materials shall be properly recycled or composted by the Contractor.
4.2.11 Community Events
The Contractor shall support up to two (2) special drop-off collection events scheduled each year for City
residents (proof of residency required) located within the Service Area. At each event, the Contractor
shall provide Drop -box Containers and/or Detachable Containers for Garbage. The Contractor shall
provide all equipment, transportation, and disposal fees at no additional charge to the City.
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The Contractor shall provide Garbage, Recycling, and Compostables services for City -sponsored special
events at no additional charge to the City or users. Container capacity shall be coordinated with event
staff to ensure that sufficient Container capacity and collection frequency is provided by the Contractor.
These events shall include, but not be limited to:
4th of July Celebration
Tukwila Backyard Festival
Tukwila Days Festival (2 separate events)
At any time during the term of this Contract, the City may add City Sponsored Community Events in
Contractor may negotiate compensation for those additional events.
4.2.12 On-call Bulky Waste Collection
The Contractor shall provide on-call Bulky Waste collection to any Customer, including Multifamily and
Commercial Customers.
On-call collection of Bulky Waste shall be provided by the Contractor to Customers by appointment for
no more than the charge set forth in Exhibit B to this Contract, with collection occurring no later than five
(5) business days after a Customer initial request.
Customers must place Bulky Waste at the regular Garbage collection location no more than twenty-four
(24) hours prior to collection. The Contractor shall notify the Customer of the specific date that their item
will be collected and the charge that will be made to their next bill.
The Contractor shall recycle all metal appliances, unless another arrangement is approved in writing by
the City, and to make a reasonable effort to recycle all other materials collected.
The Contractor shall maintain a separate log listing service date, materials collected, Customer charges,
weights, and whether the item was recycled or disposed. This log shall be provided to the City on a
monthly basis in accordance with Section 4.3.4. On-call Bulky Waste collection must occur during the
hours and days specified in Section 4.1.3, with the exception that Saturday collection is permissible if it is
more convenient for Customers. The Contractor's crews shall make collections in an orderly, non -
disruptive and quiet manner.
4.2.13 Excluded Services
This Contract does not include the collection or disposal of Unacceptable Waste.
4.3 Collection Support and Management
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4.3.1 General Customer Service
The Contractor shall be responsible for providing all Customer Service functions, including, but not limited
to:
1. Answering Customer phone calls and e-mail requests;
2. Requesting at start of service Customer's preference for notification of service changes via out -
dialer calls, texts, or e-mails;
3. Informing Customers of current, new, and optional services and charges;
4. Handling Customer subscriptions and cancellations;
5. Receiving and resolving Customer complaints;
6. Dispatching Drop -box Containers, temporary Containers, and special collections;
7. Billing;
8. Maintaining and updating regularly as necessary a user- and mobile -friendly internet website; and
These functions shall be provided at the Contractor's sole cost, with such costs included in Contractor
charges set forth in Exhibit B.
4.3.2 Specific Customer Service Requirements
The Contractor shall maintain a service base for storing and/or maintaining collection vehicles within thirty
(30) miles of the Service Area. Operations and management staff shall be located at that site. Call center
operations may be remotely provided, but shall be based within the United States of America. The
Contractor's call center shall be open and available with Customer Service representatives during Call
Center Hours. Customer calls shall be taken during Call Center Hours by a person, not by voicemail.
Outside of Call Center Hours, the Contractor shall have an answering or voicemail service available to
record messages from all incoming phone calls.
The Contractor shall maintain a twenty-four (24) hour emergency phone number for use by the City. The
Contractor shall have a representative, or an answering service to contact such representative, available
at such emergency phone number for City use during all hours, including normal Office Hours. Inability to
reach the Contractor's staff via the emergency phone numbers shall be cause for performance fees in
accordance with Section 6.1.2.
4.3.2.1 Customer Service Representative Staffing
During Call Center Hours, the Contractor shall maintain sufficient call center staff to answer and handle
complaints and service requests from all Customers without delay. If incoming phone calls necessitate,
the Contractor shall increase staffing levels as necessary to meet Customer Service demands. The
Contractor shall provide and publicize a phone number capable of handling service related text messages.
The Contractor shall maintain sufficient staffing to answer and handle complaints and service requests in
a timely manner made by methods other than phone, including letters, e-mails, text messages, social
media messages, or webpage messages. If staffing is deemed to be insufficient by the City to handle
Customer complaints and service requests in a timely manner, the Contractor shall increase staffing levels
to meet performance criteria.
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The Contractor shall provide additional staffing during the transition and implementation period, and
especially from six (6) weeks prior to the Date of Commencement of Service, through the end of the fourth
(41 month after the Date of Commencement of Service, to ensure that sufficient staffing is available to
minimize Customer waits and inconvenience. The Contractor shall receive no additional compensation for
increased staffing levels during the transition and implementation period. Staffing levels during the
transition and implementation period shall be subject to the City's prior review and approval.
4.3.2.2 City Customer Service
The Contractor shall maintain local staff that has management level authority to provide a point of contact
during Office Hours for the majority of inquiries, requests, and coordination covering the full range of
Contractor activities related to this Contract. Duties include, but are not limited to:
1. Assisting staff with promotion and outreach to Single -Family Residences, Multifamily, Commercial
Customers, and special events;
2. Serving as an ombudsperson, providing quick resolution of Customer issues, complaints, and
inquiries; and
3. Assisting the City with program development and design, research, response to inquiries, and
troubleshooting issues.
A Contractor -designated service expert shall be accessible by staff to address emerging problems as
needed, and shall return messages (phone, mobile messaging, or e-mail) within four (4) hours of the City's
leaving or sending a message during Office Hours and by noon on the next business day if after Office
Hours.
Should the Contractor fail to meet the City expectations for Customer Service as described herein, the
Contractor shall be assessed performance fees in accordance with Section 6.1.
4.3.2.3 Service Recipient Complaints and Requests
The Contractor shall record all complaints and service requests, regardless of how received, including
date, time, Customer's name and address, if the Customer is willing to give this information, method of
transmittal, and nature, date and manner of resolution of the complaint or service request in a
computerized daily log. Any phone calls received through the Contractor's non -Call Center Hours
voicemail or answering service shall be recorded in the log no later than by the following business day.
The Contractor shall make a conscientious effort to respond directly to the Customer and resolve all
complaints within one (1) business day of the original phone call, letter, or electronic communication, and
service requests within the times established throughout this Contract for various service requests. If a
longer response time is necessary for complaints or requests, the reason for the delay shall be noted in
the log, along with a description of the Contractor's efforts to resolve the complaint or request.
The Customer Service log shall be available for inspection by the City, or its designated representatives,
during the Contractor's Office Hours, and shall be in a format approved by the City. The Contractor shall
provide a copy of this log in an electronic format from the Microsoft Office suite (or other City -approved
format) of software to the City with the monthly report.
4.3.2.4 Handling of Customer Calls
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All incoming phone calls shall be answered promptly and courteously, with an average speed of answer
of less than thirty (30) seconds. No phone calls shall be placed on hold for more than two (2) minutes per
occurrence, and on a monthly basis, no more than 10% of incoming phone calls shall be placed on hold
for more than twenty (20) seconds. A Customer calling into the Customer Service phone lines and placed
on hold shall hear messages that are applicable to services provided under this Contract and not
misleading to Customers.
A Customer shall be able to talk directly with a Customer Service representative when calling the
Contractor's Customer Service phone number during Office Hours without navigating an automated
phone answering system that takes longer than sixty (60) seconds to navigate. An automated voicemail
service or phone answering system may be used when the office is closed. Customer Service
representatives shall provide accurate and applicable information, and shall not provide confusing,
inaccurate, or misleading information.
4.3.2.5 Corrective Measures
Upon the receipt of Customer complaints in regard to busy signals or excessive delays in answering the
phone, the City may request the Contractor submit a plan to the City for correcting the problem. Once the
City has approved the plan, the Contractor shall have sixty (60) Days to implement the corrective
measures, except during the transition and implementation period from thirty (30) Days prior to the Date
of Commencement of Service, through the end of the fourth month after the Date of Commencement of
Service, during which the Contractor shall have seven (7) Days to implement corrective measures.
Reasonable corrective measures shall be implemented without additional compensation to the
Contractor. Failure to provide corrective measures shall result in possible performance fees pursuant to
Section 6.1 assessed against the Contractor.
4.3.2.6 Contractor Website
The Contractor shall maintain a mobile -friendly website containing information specific to the City's
collection programs, including the following information at a minimum:
1. Contact information, noting available hours for each contact method;
2. Collection schedules;
3. Current day of collection map;
4. Material preparation requirements;
5. Available services and options;
6. Rates and fees for all sectors and services;
7. Holiday scheduled and resulting delays in collections;
8. Inclement weather service changes;
9. Current education and outreach materials;
10. Translation options available; and
11. Other relevant service information for its Customers.
The Contractor website shall provide the following functions for Customers to:
1. Obtain day -of -service information;
2. Report issues and receive a tracking number or other method to monitor progress on their issue;
3. Chat/instant message with a Customer Service agent rather than talk if desired;
4. Connect to voice services for Customer Service;
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5. Review and pay bills;
6. Manage services; and
7. Switch service levels or order additional services;
Electronic Customer Service requests shall be answered within one (1) business day of receipt.
The website design shall be usability tested and then submitted to the City for approval a minimum of
three (3) months prior to the Date of Commencement of Service of this Contract, and then changes shall
be subject to the City's prior approval throughout the term of this Contract. The Contractor shall provide
among its local staff a knowledgeable and proficient communications manager that is responsive to the
City's request(s) for changes to the Contractor's website. Changes requested by the City consisting of
textual messages only shall be implemented within seventy-two (72) hours of the time of the request(s).
Changes requested by the City, of a textual nature, that are related to an emergency or time -sensitive
situation (such as an inclement weather event, windstorm, or event preventing access to a Customer's
regular place of Container set -out) shall be implemented as soon as possible but not more than three (3)
hours from of the time of request. Changes requested by the City that include a graphical component
must be implemented within five (5) Days of the time of the request.
The Contractor shall provide timely updates to the website, and provide links to the City's website,
checking on a regular basis that all links are current. The website shall include information requested by
the City translated into a minimum of four (4) languages including English and Spanish. Upon the City's
request, the Contractor shall provide a website utilization report indicating the usage and communication
preferences.
The Contractor shall collect only the Customer information necessary to perform Contracted solid waste
collection functions from websites, applications, and any other electronic media used by Customers. To
the extent permitted by applicable law, any Customer data collected in the course of performing functions
of this Contract shall be provided to the City upon request, but shall not be sold or otherwise provided to
any other party.
4.3.2.7 Full Knowledge of Garbage, Recyclables, and Compostables Programs Required
The Contractor's Customer Service representatives shall be fully knowledgeable of all collection services
available to Customers, including the various services available to Single -Family Residence, Multifamily
and Commercial Customers. For new Customers, Customer Service representatives shall explain all
Garbage, Recyclables, and Compostables collection options available depending on the sector the
Customer is calling from. For existing Customers, the representatives shall explain new services and
options, and resolve recycling issues, collection concerns, missed pickups, Container deliveries, disposal
and recycling options for items not accepted by Contractor, and other Customer concerns. Customer
Service representatives shall be trained to inform Customers of Recyclables and Compostables
preparation specifications. City policy questions shall be forwarded to the City for response.
The Contractor's Customer Service representatives shall have instantaneous electronic access to
Customer Service data and history to assist them in providing excellent Customer Service. The Contractor
shall provide the City with internal Customer Service representative training and support information
specific to the City to allow the City to review and check information provided to Customer Service
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representatives and, in turn, provided to Customers. Any revisions to these materials shall be approved
in writing (e-mail is acceptable) by the City prior to being used by Customer Service representatives.
4.3.2.8 Customer Communications
All Customer communications (other than routine service and billing interactions with individual
Customers) shall be reviewed and approved by the City before distribution. This includes messaging in
out -dialer recorded messages, billing statements, bill inserts, e -newsletters, email marketing, social
media, website, mailed materials, printed materials, and other avenues of planned communications.
The City and Contractor recognize that Customer preferences for their method of communication may
change during the Term of this Contract and agree to adjust Customer Service expectations to match
Customer preferences. For example, if call traffic to the Contractor's phone -based call center reduces over
time and is supplanted by an increase in texting, the Contractor shall shift staff resources accordingly to
ensure high levels of Customer Service. The City and Contractor agree to review Contract requirements
periodically and negotiate in good faith any desired improvements to the Contract service standards
related to Customer Service delivery.
4.3.3 Contractor's Customer Billing Responsibilities
The Contractor shall be responsible for all billing functions related to the collection services required
under this Contract. All Single-family Residence Customers shall be billed every -other -month or quarterly,
and Multifamily and Commercial Customers shall be billed monthly. In no case shall a Customer's invoice
be past due prior to the receipt of all services covered by the billing period. The Contractor's billing cycle
parameters include, but are not limited to the service period, invoice date, due date, late fee date,
reminder date(s), Container removal and stop -service date. The City reserves the right to review and
provide feedback on the bill template used by the Contractor as to format and design to ensure Customer
satisfaction. The Contractor shall evaluate and may incorporate the City's recommendations in good faith.
Billing and accounting costs associated with Customer invoicing, including credit card fees, shall be borne
by the Contractor, and are included in the service fees in Exhibit B. The Contractor may bill to Customers
late payments and "non -sufficient funds" check charges, as well as the costs of bad debt collection, under
policies and amounts that have been previously approved in writing by the City.
The Contractor shall offer paperless billing, including an autopay/electronic notification function that
allows Customer to set up autopay and receive an e-mail or text notification of the amount and draw date
of the payment, without requiring the Customer to navigate to the Contractor's website to obtain that
information.
The Contractor shall be responsible for the following:
1. Generating combined Garbage, Recyclables, and Compostables collection bills for all Customers;
2. Generating bills printed double -sided, on at least thirty percent (30%) post -consumer recycled -
content paper;
3. Generating bills that include at a minimum a statement indicating the Customer's current service
level, current charges and payments, appropriate taxes and fees, Customer Service contact
information and website information;
4. Generating bills that clearly state the date at which late fees will be assessed for non-payment;
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5. Generating bills that have sufficient space on the front or back of the bill for educational or
informational messaging, as directed by the City;
6. Accepting automatic ongoing payments from Customers via debit or credit card, checking or
savings account withdrawal, or by wire transfer. No transaction fees may be levied on any
Customer payments;
7. Accepting, processing, and posting payment data each business day;
8. Accepting bill inserts from the City for specific Customer sectors;
9. Maintaining a system to monitor Customer subscription levels, record excess Garbage or
Compostables collected, place an additional charge on the Customer's bill for the excess
collection, and charge for additional services requested and delivered. This system shall maintain
a Customer's historical account data for a period of not less than six (6) years from the end of the
fiscal year in accordance with the City's record retention policy, and in a manner that is
instantaneously accessible to Customer Service representatives needing to refer to Customer
Service data and history;
10. Forecasting annual rate modifications needed to collect the Fixed Annual Charge component from
Customers, remitting the proportionate amount of the County Fixed Annual Charge to the County
monthly, and reconciling and reporting the aggregate Fixed Annual Charge component collected
from Customers with amounts billed by County to Contractor.
11. Accepting and responding to Customer requests for service level changes, missed or inadequate
collection services, and additional services;
12. Collecting unpaid charges from Customers for collection services; and
13. Implementing rate changes as specified in Section 5.3.
The Contractor shall be required to have procedures in place to backup and minimize the potential for the
loss or damage of the account servicing (e.g., Customer Service, service levels, and billing history)
database. The Contractor shall ensure that, at a minimum, a daily backup of the account servicing
database is made and stored off-site. The Contractor shall also provide the City with a copy of the account
servicing database (excluding Customer financial information such as credit card or bank account
numbers) sorted by Customer sector via e-mail, FTP site or electronic media upon request. The City shall
have unlimited rights to use such account servicing database for the purpose of developing targeted
educational and outreach programs, analyzing service level shifts or rate impacts, and/or providing
information to successor contractors.
The Contractor shall track the aggregate Fixed Annual Charge component received by Contractor from
Customer receipts. The Contractor shall total receipts for the Fixed Annual Charge component received
from Customers during each July 1 to June 30 time period and deduct the City's Administrative Fee plus
excise tax on the Administrative Fee from that amount to calculate the aggregate Fixed Annual Charge
component collected during that period that is actually available to Contractor to pay the Fixed Annual
Charge to the County. The resulting value shall be compared to the County Fixed Annual Charge paid by
Contractor to the County during that same time period. The differential between those two amounts
referenced in the preceding sentence shall represent the amount of any overpayment or underpayment
which shall be subtracted or added to the subsequent year's aggregate Fixed Annual Charge component
to be included in the Customer rates beginning January 1 of the following year.
Upon seven (7) Days written notice, the Contractor shall provide the City with a paper and/or electronic
copy at the City's discretion of the requested Customer information and history, including but not limited
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to Customer names, service and mailing addresses, contact information, service levels, and current
account status.
4.3.4 Reporting
The Contractor shall provide monthly, annual, and ad hoc reports to the City. The Contractor report
formats may be modified from time to time at the City's request at no additional charge to the City. In
addition, the Contractor shall allow City access to pertinent operations information related to compliance
with the obligations of this Contract, including but not limited to vehicle route assignment and
maintenance logs, certified weight slips from Garbage, Recyclables, and/or Compostables facility, and
Customer charges and payments.
Reports shall be focused on providing data in an easy to read fashion and must include sufficient
information to determine that the terms of the Contract are being meet, not general company promotion.
Data shall be provided directly in the relevant report, preferably in Microsoft Excel form. Links to websites
or company database functions do not fulfill the requirements of this section.
4.3.4.1 Monthly Reports
The Contractor shall provide a monthly report containing the following information for the previous
month by the twenty-first (21st) Day of the following month. Reports shall be submitted in an electronic
format approved by the City and shall be certified as accurate by the Contractor. At minimum, reports
shall include a report for each of the following topics that is clearly labeled and identified by topic:
1. A log of all Customer complaints including Customer name, property name and address, date of
contact, complaint, and resolution.
2. A tabulation of the number of Single -Family, Multifamily, and Commercial accounts by service
level/Container size, and service frequency.
3. Total billed revenue, aggregate Fixed Annual Charge component collected with Administrative
Fee and excise tax on Administrative free removed, and the Fixed Annual Charge payments made
to the County;
4. Report from the Contractor's Customer Service phone system showing total call volume, total
calls answered, and average speed of answer.
5. Website utilization report showing total number of Customers managing their services on-line,
total number of messages received via website, data on site usage, and other data or information
as the City may require for internal reporting purposes.
6. A summary of total Garbage, Recyclables, and Compostables quantities collected (in tons) for each
collection sector by month and year-to-date. Drop -box tonnage shall be separated out and shall
include total number of hauls. The summary shall include program participation statistics
including: a summary of Multifamily and Commercial participation in recycling programs and set -
out statistics for Residential Garbage, Compostables, and Recyclables collection Services. Where
item counts are more appropriate for certain Recyclables or Bulky Wastes (e.g. appliances, etc.),
reporting item counts are sufficient. The summary shall include the names of facilities used for all
materials and tonnage delivered to each facility.
7. A summary of Recyclables quantities by commodity including contamination levels and processing
residues disposed as Garbage, and notice of any significant changes in market value, if any.
8. A list of Commercial Customers with Recyclables collection, including monthly Garbage Container
capacity, monthly Recyclables Container capacity, percentage of available (150% threshold)
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Recyclables collection service utilized, and the amount of additional paid Recyclables capacity
arranged by any Customer.
9. A description of any vehicle accidents, infractions, and reported leaks.
10. A description of any changes to collection routes, Containers, vehicles (including the identification
of back-up vehicles not meeting contract standards with the truck number and date of use),
Customer Service or other related activities affecting the provision of services.
11. A description of any promotion, education, and outreach efforts, including where possible,
samples of materials, and summary of any feedback or response received from Customers.
12. A description of Contractor activities and tonnages for City services and events.
If collection vehicles are used to service more than one Customer sector, the Contractor shall develop an
apportioning methodology that allows the accurate calculation and reporting of collection volumes and
quantities from the different sectors. The apportioning methodology shall be subject to the prior review
and written approval of the City, and shall be periodically verified through field-testing by the Contractor.
4.3.4.2 Annual Reports
On an annual basis, by the first working day of March, the Contractor shall provide a report containing the
following information for the previous year:
1. A consolidated summary and tabulation of the monthly reports, described above.
2. A discussion of highlights and other noteworthy experiences, along with measures taken to
resolve problems, increase efficiency, and increase participation in, and volume of, Recyclables
and Compostables collection programs.
3. A discussion of opportunities and challenges expected during the current year, including steps
being taken to take advantage of opportunities and resolve the challenges.
4. A discussion of promotion, education, and outreach efforts, and accomplishments for each sector.
5. An inventory of current collection vehicles and other major equipment, including model, year,
make, serial or VIN number, assigned vehicle number, mileage (if vehicle), collection sector
assigned to or used in, and maintenance history, including vehicle painting.
6. A list of Multifamily Customers eligible for Recycling and Compostables collection service but not
receiving one or both services.
7. A list of Commercial Customers eligible for Recycling and Compostables collection service but not
receiving one or both services.
8. A summary of the monthly logs of Customer requests, complaints, inquiries, site visits, and
resolutions or results, as required in Section 4.3.4.1. The summary shall organize Customer
requests, complaints, inquiries, and site visits by category (e.g., missed pickups, improper set-
ups).
9. A sustainability report.
The annual report shall be specific to the City's operations, written in a format appropriate for contract
management and shall not be a generalized listing of Contractor activities in the region or elsewhere.
4.3.4.3 Ad Hoc Reports
The City may request and receive from the Contractor up to six (6) ad hoc reports each year, at no
additional charge to the City. These reports may include Customer Service database tabulations to identify
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specific service level or participation patterns or other similar information. Reports shall be provided in a
City -defined format and with Microsoft software (or other City -approved software) compatibility within
thirty (30) days of the request. These reports shall not require the Contractor to expend more than fifty
(50) staff hours per year to complete.
4.3.4.4 Other Reports
If requested by the City, the Contractor shall provide daily route information for all service sectors and
collection streams for the purpose of evaluating potential collection system changes during the Contract
Term.
4.3.5 Promotion and Education
The Contractor, at its own cost and at the direction of the City, shall have primary responsibility for
developing, designing, executing, and distributing public promotion, education, and outreach programs.
The Contractor shall also have primary responsibility for Customer recruitment, providing annual service-
oriented information and outreach to Customers, distributing City -developed promotional and
educational pieces at the City's direction, and implementing ongoing recycling promotions, education,
and outreach programs at the direction of the City.
Each year, the Contractor shall deliver an annual comprehensive service guide to each Single -Family
Residential, Multifamily, and Commercial Customers which shall include, at a minimum, information on
the proper preparation and disposal of Garbage, Recyclables, and Compostables; City rates information;
disposal options for difficult -to -recycle items and Hazardous Wastes; collection guidelines; contact
information; applicable services from this Contract; translation resources; assistance available from the
Contractor; and any other pertinent information. The default distribution shall be a paper copy delivered
to the Customer, with a Customer option to receive the service guide electronically instead of a hard copy.
New Customers shall receive a welcome packet comprised of materials from the comprehensive service
guide for their sector. Customers may choose electronic or mailed copy. Hard copy mailed welcome
packets must be mailed within seven (7) days.
Each September, the City and Contractor shall jointly plan the Contractor's specific promotion and
education program for the following year, including adjustments in materials and/or targeted audiences
and revisions to the Contractor's contamination reduction program (Section 4.1.11.1). Promotion and
education materials may include inserts in Garbage bills, newsletters, e -newsletters, email blasts, social
media posts, website content, cart hangers/tags, door hangers, postcards, interior posters, exterior signs,
and other avenues directed by the City. The City may elect to assist the Contractor with development of
promotional material layout and text, as staff time allows, however the Contractor shall be responsible
for all design and development work, subject to City approval.
The Contractor shall provide translations of the proper preparation and disposal of Garbage, Recyclables,
and Compostables into languages spoken by over five percent (5%) of the City's population.
Promotion, education, and outreach materials shall be clear, accurate, reflective of the Contract and
industry, contain professional visual graphics, be free of misleading information or typographical errors,
and include translation information. All promotion and education materials provided to Customers by the
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Contractor shall be approved in advance by the City. The Contractor shall provide the City with a minimum
of a one (1) week advance review period for social media posts, email blasts, and electronic promotion,
and minimum of a two (2) week advance review period for all printed materials. All edits and design
changes shall be completed at Contractor's expense.
All printed materials shall be printed on minimum thirty percent (30%) post -consumer recycled paper and
have sufficient copies to fulfill requests from Customers and the City. Electronic copies of materials shall
be provided to the City and posted on the Contractor's website with file size not to exceed 2 MB each.
The Contractor shall attend a minimum of two community events per year in the Service Area to provide
an educational booth for event attendees. Events shall be selected in coordination with the City and may
include City -sponsored events/festivals, farmers markets, block parties, or other community gatherings.
The Contractor shall contact the manager or owner of all Multifamily sites within the Service Area by
phone and/or in-person visits to encourage Recycling and Composting participation, address concerns,
space or contamination problems, provide outreach to residents, and inform the manager or owner of all
available Recycling and Composting services and ways to decrease Garbage generation. The Contractor
shall provide copies of educational materials, including translated versions, and reusable tote bags for
each resident upon request of the City or the Multifamily manager or owner. The Contractor shall
coordinate and work cooperatively with City staff and/or consultants hired to conduct outreach and
education, and provide technical assistance.
4.3.6 Transition to Next Contractor
The Contractor shall work with the City and any successive contractor in good faith to ensure minimal
Customer disruption during the transition period from the City's previous contractor to the City's new
Contractor.
In the event that the City does not elect to retain the Contractor's Containers pursuant to Section 4.1.14.3,
the Contractor shall remove any Containers for all services or any portion of services provided under this
Contract upon sixty (60) Days written notice from the City. Container removal and replacement shall be
coordinated between the Contractor and a successive contractor to occur simultaneously in order to
minimize Customer inconvenience.
Upon written request of the City at any time during the term of this Contract, the Contractor shall provide
either the City or a successive contractor a detailed customer list, including customer name, contact
information, service address, billing address, and collection and Container rental service levels to the City
in Microsoft Excel format (or other City -approved format) within seven (7) Days of the City's request.
Failure to fully comply with this Section 4.3.6 shall result in the forfeiture of the Contractor's performance
bond, at the City's discretion.
4.3.7 Customer Service Center and Store
The Contractor shall operate a Customer Service center and store in or within five miles of the Service
Area limits. The store shall be open no less than forty (40) hours per week. The store shall provide
Customers with the following: customer service assistance; host City -sponsored education events, waste
zero presentations, virtual MRF tours, and other waste reducing events; and a Recycling education center
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with information on how to decrease waste including posters and brochures. The Customer Service center
and store may sell items that help residents reduce waste such as reusable lunchboxes, mugs, cloth
napkins and items made from recyclable materials. The Customer Service center and store shall provide
Customers a no -cost drop-off location for the following recyclable items that are not accepted Curbside:
certain small appliances, electronics, batteries, bikes, books, cooking oil, electronics, fluorescent bulbs,
propane canisters, cooking oil and Styrofoam'. Upon mutual agreement between Contractor and City,
the Customer Service center and store may add or delete specific recyclable items to the foregoing for
acceptance at the store in response to current City needs and commodity end -market availability.
5. COMPENSATION
5.1 Compensation to the Contractor
5.1.1 Rates
The Contractor shall be responsible for billing and collecting funds from Single-family Residence,
Multifamily, and Commercial Customers in accordance with the charges for services listed in Exhibit B.
The Contractor may reduce or waive at its option, but shall not exceed, the charges listed in Exhibit B.
Senior low-income and/or disabled resident discounts of fifty percent (50%) shall be offered to Single-
family Residential Customers meeting the City's eligibility criteria. The City shall provide the Contractor
with a list of eligible accounts and shall update the list as revisions are made. The payment of charges for
services listed in Exhibit B by Customers shall comprise the entire compensation due to the Contractor.
In the event that a Customer places Excluded Materials or Unacceptable Materials in a Container, and the
Contractor collects those materials inadvertently and incurs extraordinary expenses dealing with those
materials, the Contractor may charge the Customer the actual costs of managing those materials, as
approved by the City. Actual costs shall include additional transportation, handling, and disposal costs
incurred by the Contractor for handling only those specific materials traceable to that Customer.
The City is not required under this Contract to make any payments to the Contractor for the Services
performed, or for any other reason, except as specifically described in this Contract, or for services the
City obtains as a Customer.
In the event that Contractor or a Customer desires services not specifically addressed in this Contract, the
Contractor shall propose service parameters and a rate to the City in writing, based on the an adjacent
Contractor WUTC tariff if the Contractor operates in such an area or an average of surrounding WUTC
tariffs if the Contractor does not operate in an adjacent WUTC tariff area. Upon the City's written approval,
the Contractor may provide the requested services. In no case shall the Contractor provide unauthorized
services or charge unauthorized rates.
5.1.2 Itemization on Invoices
The Fixed Annual Charge component and all applicable City, County, and State solid waste or Hazardous
Waste taxes or fees, utility taxes, and certain sales taxes shall be itemized separately on Customer invoices
and added to the charges listed in Exhibit B, except that the City Administrative Fee shall be included in
Exhibit B rates and shall not be itemized separately on Customer invoices.
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The Contractor shall not charge separately for the collection of Source -Separated Recycling collection,
other than Commercial Recyclables collection in excess of the one hundred fifty percent (150%) threshold
limitation described in Section 4.2.5.3.
Charges for excess Garbage or Compostables, Single-family, Multifamily and Commercial Compostables
collection, Drop -box Container On-call collection services, On-call Bulky Waste collection services,
Container rentals, or temporary Container services shall be itemized on the Customer invoices separately
by the Contractor, and may at no time exceed the charges set forth in Exhibit B.
The County Tipping Fee as it exists on the date of execution or as thereafter modified shall be itemized
separately on Customer invoices with charges for Drop -box Container service. The Contractor shall charge
Drop -box Customers the actual disposal cost plus twelve percent (12%) and the current state excise tax
on the disposal component.
The Contractor shall not separately charge sales tax for services that include any Container as part of the
overall service package. Only Services that separate and itemize optional Container rental (specifically
Drop -box Container rental) shall have sales tax charged and listed on Customer invoices. The Contractor
shall pay appropriate sales tax upon purchase of all equipment and Containers, and those costs are
included in the rates provided in Exhibit B. In no case shall Customers be separately charged sales taxes
paid by the Contractor on its equipment and Containers.
Except as otherwise expressly provided for by the Contract, the Contractor shall not adjust or modify rates
due to employee wage increases, changes in Compostables processing fees (except as provided for in
Section 5.3.2), Garbage collection service level shifts, or other changes affecting the collection system.
5.2 Compensation to the City
The Contractor shall pay to the City a one-time fee of thirty-six thousand dollars ($36,000) upon Contract
execution to cover City costs for procuring this Contract.
The Contractor shall also pay to the City an Administrative Fee of 6% on or before the fifteenth(15th) day
of each month during the term of this Contract, starting the month following the initiation of the fee. The
Administrative Fee shall be based on the gross receipts received by the Contractor from all Customers
under this Agreement, excluding Drop -box Container Tipping Fees. The Contractor's obligations to pay the
Administrative Fee shall survive the termination date of this Contract until the Contractor is no longer
receiving payments from Customers for services provided under this Contract.
The Contractor shall fully participate with any City billing audit to confirm the Contractor's Customer
receipts during any accounting period during the term of the Contract. The audit shall be confined to
confirming Customer billing rates, Contractor receipts for services provided under this Contract and bad
debt recovery.
The City may implement or change the Administrative Fee level in any year, provided that the change is
synchronized with the annual Contractor rate modification described in Section 5.3.1. The City shall notify
the Contactor of the new Administrative Fee for the following year by September 1st, and the Contractor
shall itemize and include the appropriate adjustment in its Rate Adjustment Statement provided October
1st of each year. In the event that the Administrative Fee is adjusted, either up or down, the Contractor
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shall add or subtract an amount equivalent to the State excise tax (1.75% in 2021), as may be adjusted
from time to time by the State.
In addition, the Contractor shall be responsible for payment of all applicable permits, licenses, fees and
taxes as described in Section 8.10, Permits and Licenses.
5.3 Compensation Adjustments
5.3.1 Initial and Annual CPI Service Component Modification
The collection fee component of the Contractor's service fees contained in Exhibit B, and the
miscellaneous fees and charges contained in Exhibit B that do not have separate disposal fee components,
for each level of service shall increase each year by one hundred percent (100%) of the annual percentage
change in the Consumer Price Index (CPI) for Seattle -Tacoma -Bellevue, Urban Wage Earners and Clerical
Workers, All items, Series ID: CWURS49DSA0 (1982-84=100) prepared by the United States Department
of Labor, Bureau of Labor Statistics, or a replacement index. Adjustments shall be based on the twelve
(12) month period ending June 30th of the previous year that the request for increase is made. For
example, an adjustment to the Contractor's collection service charge effective January 1, 2025, will be
based on the CPI for the twelve (12) month period ending June 30, 2024.
An initial adjustment of the Exhibit B rates shall be performed in September 2023, based on the twelve
(12) month period ending June 30, 2023. The adjusted rates shall be in effect from the Date of
Commencement of Service through December 31, 2024. The rate modification notification to Customers
shall be provided in informational materials provided as part of the new Contract roll-out.
Beginning January 1, 2025, Contractor's collection fee component shall be adjusted annually pursuant to
this section. The Contractor shall submit in writing and electronic form to the City for review and
verification a Rate Adjustment Statement, calculating the new rates for the next year, on or by October
1st of each year, starting October 1, 2024.
In the event that the CPI index series decreases year-to-year, the collection fee component and
miscellaneous fees and charges shall remain unchanged. In the event that the CPI index series increases
over five percent (5%) year-to-year, the actual adjustment used shall be capped at five percent (5%).
Whether a cap or a floor is applied in a given year under this paragraph shall have no effect on the
following year's CPI adjustment.
Adjustments under this Section 5.3.1 shall be made in units of one cent ($0.01). Fractions less than one
cent ($0.01) shall be truncated and not be considered when making adjustments.
In the event that the Contractor does not submit a Rate Adjustment Statement by October 1st, the City
shall calculate and unilaterally implement a rate adjustment based on the best available information as of
October 1st of that year for the applicable period and the Contractor may not appeal this action. On the
City's review and verification, absent any City exception to the Contractor's calculations, the new rates
shall take effect on January 1st of the following year. An example of rate adjustments due to Consumer
Price Index changes is provided in Exhibit D.
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5.3.2 Changes in Tipping Fee and Fixed Annual Charge
Annual adjustments shall be made to the Tipping Fee component and Fixed Annual Charge component of
Customer charges contained in Exhibit B to reflect increases or decreases in the Tipping Fee or Fixed
Annual Charge charged by County.
In the event of a change in the Tipping Fees, the Tipping Fee component of each Customer charge shall
be adjusted by the percentage increase or decrease in the County Tipping Fee.
The amount of each year's Fixed Annual Charge is to be provided by the County to the City and Contractor
no later than September 1st of the year preceding in which the Fixed Annual Charge is to take effect. The
City's Administrative Fee plus excise tax on the Administrative Fee shall be added to the Fixed Annual
Charge component of the rate annually. The aggregate value of the Fixed Annual Charge component to
be included in Customer rates each year shall be calculated to be the forecasted amount equal to the
Fixed Annual Charge assessed on the Contractor by County plus the applicable Administrative Fee and
excise tax on Administrative Fee, and further modified by any overpayment or underpayment calculated
pursuant to Section 4.3.3. The Fixed Annual Charge component of the Customer charges shall be applied
to all regular Garbage services and Garbage Drop -Box services, but shall not apply to Bulky Waste, Extra
Units, temporary Detachable Container, Recyclables, or Compostables services. This component shall be
allocated among applicable Customer subscriptions and calculated annually as a proportion of monthly
Container volume for the current Customer counts.
In the final year of the Contract, the Fixed Annual Charge component included in Customer charges shall
be increased by a percentage to be mutually determined by the Contractor and City over and above what
is required to be collected by Contractor to satisfy payment of the County's Fixed Annual Charge in order
to avoid underpayment by Customers of an amount equal to at least the Fixed Annual Charge assessed
on Contractor plus the applicable Administrative Fee and excise tax on the Administrative Fee. Any
overpayment by Customers to Contractor of the Fixed Annual Charge component that exceeds amounts
required to be paid by Contractor to satisfy its payment obligations of the Fixed Annual Charge,
Administrative Fee, and excise tax on Administrative Fee at the end of the Contract shall be paid to the
City.
The Contractor's obligation to pay the Fixed Annual Charge components collected from Customers shall
extend past the termination date of this Contract until the Contractor is no longer receiving payments
from Customers for services provided under this Contract.
Adjustments to the Contractor's Tipping Fee component and Fixed Annual Charge component on rates
shall be made in units of one cent ($0.01). Fractions less than one cent ($0.01) shall not be considered
when making adjustments. Specific examples of rate modifications due to changes in Consumer Price
Index, Tipping Fee, and Fixed Annual Charge are provided in Exhibit D.
In the event that Compostable processing fees that the Contractor pays a third party increase substantially
more than the escalation factor described in Section 5.3.1 due to changes in law or regulation, the
Contractor may submit to the City a request to consider a compensating rate adjustment for the amount
of the impact above the normal inflationary adjustment. Any request shall be made in conjunction with
the annual rate process. The City shall review the request promptly and may, at its sole discretion, allow
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the Contractor to increase rates by a City -specified amount to compensate for increased Compostables
processing costs.
5.3.3 Changes in Disposal or Compostables Processing Sites
If the Contractor is required by the City or other governmental authority to use Garbage disposal or
Compostables processing sites other than those being used at the initiation of this Contract, the
Contractor shall submit a detailed proposal for the adjustment of the rates to reflect any additional cost
or savings to the Contractor. It is intended that the Contractor's rates pursuant to this Contract in such a
case will be adjusted so as to pass through any resulting additional costs incurred by the Contractor to the
Contractor or any additional savings to the Contractor to Customers. The City and Contractor agree to
negotiate in good faith to make any changes to the rates to accomplish a pass-through of any such costs
or savings.
5.3.4 Recycling Commodity Value
The City and Contractor agree that the Contractor rates in Exhibit B include all Recyclables processing and
marketing costs, including processing residual disposal. The Contractor shall retain revenues gained from
the sale of Recyclables. Likewise, a tipping or acceptance fee charged for Recyclables shall be the financial
responsibility of the Contractor.
5.3.5 New or Changes in Existing Taxes
If new municipal, county, regional, or State taxes or fees are imposed, the rates of existing taxes (other
than federal taxes) or fees are changed, or new road or bridge tolls necessarily affecting the Contractor's
operations under this Contract imposed after the Date of Execution of this Contract, and the impact of
these changes results in increased or decreased Contractor costs in excess of five thousand dollars
($5,000) in the aggregate annually, the Contractor shall submit a detailed proposal for the adjustment of
the rates to reflect any additional costs or savings to the Contractor. It is intended that the Contractor's
rates pursuant to this Contract in such a case be adjusted so as to pass through any resulting additional
costs incurred by the Contractor to the Contractor or any savings realized to the Contractor to the City.
The Contractor and City shall enter into good faith negotiations to determine whether compensation
adjustments are appropriate for the amount exceeding the five thousand dollar ($5,000) aggregated
threshold (in cases in which the threshold applies) and if so, to determine the amount and the method of
adjustment.
5.3.6 Changes in Service Provision
In the event that either the Contractor initiates any changes in how Contract services are provided that
reduce Contractor costs and cause adverse Customer impacts in the opinion of the City, the Contractor
shall promptly notify the City in writing of such reduced costs, and rates shall be reduced within thirty (30)
Days of the subject change so that the City and the Contractor's Customers shall receive the benefit of
fifty percent (50%) of the cost savings. Contractor changes in how Contract services are provided that do
not adversely affect Customers shall not affect Customer rates.
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5.4 Change in Law
The City may consider an adjustment to rates as a result of changes in federal, state, or local laws or
regulations, the administrative or judicial interpretation thereof, or an order or judgement of any
governmental authority, not addressed otherwise in this contract that affect the Contractor's cost in
excess of five thousand dollars ($5,000) in the aggregate annually. The Contractor shall submit a detailed
proposal for the adjustment of the rates to reflect any additional costs or savings to the Contractor. It is
intended that the Contractor's rates pursuant to this Contract in such a case be adjusted so as to pass
through any resulting additional costs incurred by the Contractor to the Contractor or any savings realized
to the Contractor to the Customers or City. The Contractor and City shall enter into good faith
negotiations to determine whether compensation adjustments are appropriate for the amount exceeding
the five thousand dollar ($5,000) aggregated threshold (in cases in which the threshold applies) and if so,
to determine the amount and the method of adjustment.
6. FAILURE TO PERFORM, REMEDIES, TERMINATION
The City expects high levels of Customer Service and collection service provision. Performance failures
shall be discouraged, to the extent possible, through specific performance fees for certain infractions and
through Contract default for more serious lapses in service provision. Section 6.1 details infractions
subject to performance fees and Section 6.2 details default provisions and procedures.
6.1 Performance Fees
The City reserves the right to make periodic, unscheduled inspection visits to determine the Contractor's
compliance with the provisions and requirements of this Contract. In the event that the City's inspection
reveals that the Contractor has failed to satisfactorily perform any duties of this Contract, the City shall
present an incident report to the Contractor detailing such unsatisfactory performance. The Contractor
and the City agree that upon receiving such report, the Contractor shall pay the following dollar amounts,
not as a penalty, but as performance fees for failure to satisfactorily perform its duties under this Contract.
The City and the Contractor agree that the City's damages would be difficult to prove in any litigation and
that these dollar amounts are a reasonable estimate of the damages sustained by the City as a result of
the Contractor's failure to satisfactorily perform its duties under this Contract. The performance fees in
this Section 6.1 shall not apply to the service impacts of Labor Disruptions, as separate performance fees
shall apply under those circumstances, as described in Section 4.2.10.
Performance fees shall include:
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Action or Omission
Performance fees
1
Collection before or after the times specified in Section
4.1.3, except as expressly permitted in writing.
Five hundred dollars ($500) per
incident (each vehicle on each
route is a separate incident).
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Action or Omission
Performance fees
2
Repetition of complaints on a route after notification,
including, but not limited to, failure to replace Containers in
designated locations, spilling, not closing gates, not
replacing lids, crossing planted areas, or similar violations.
One hundred dollars ($100) per
incident, not to exceed five
hundred dollars ($500) per
vehicle per Day.
3
Failure to initiate clean-up or collect leaked or spilled
materials and/or failure to notify the City within three (3)
hours of Contractor knowledge of such release.
The cost of cleanup to the City,
plus five hundred dollars ($500)
per incident.
4
City observed leakage or spillage from Contractor vehicles
or of vehicle contents.
Five hundred dollars ($500) per
vehicle, per inspection, plus
clean-up costs (and potential
code fines/penalties).
5
Failure to replace a leaking Container within one (1)
business day of notification.
One hundred dollars ($100) per
incident, and then one hundred
dollars ($100) per Day that the
Container is not replaced.
6
Failure to collect missed materials within one (1) business
day of notification.
One hundred dollars ($100) per
incident to a maximum of five
hundred dollars ($500) per
vehicle per Day.
7
Missed collection of a block segment of Single -Family
Residences (excluding collections prevented by inclement
weather, but not excluding collections prevented by
inoperable vehicles). A block segment is defined as one side
of a street, between cross -streets, not to exceed fifty (50)
houses.
Two hundred fifty dollars ($250)
per block segment if collection is
performed the following day;
one thousand dollars ($1,000) if
not collected by the following
Day.
8
Collection as Garbage of non -contaminated Source-
separated Recyclables, Yard Debris, or Compostables in
clearly identified Containers, Carts, bags, or boxes.
One thousand dollars ($1,000)
per incident.
9
Rejection of Garbage, Recyclables, or Compostables without
providing documentation to the Customer of the reason for
rejection.
One hundred dollars ($100) per
incident.
10
Failure to deliver or remove Containers within three (3)
business days of request to Multifamily or Commercial
Customers requesting service after the Date of
Commencement of Service.
One hundred dollars ($100) per
incident.
11
Failure to deliver or remove Garbage, Recyclables, or
Compostables Containers within seven (7) Days of request
to Single -Family Residence Customers requesting service
after the Date of Commencement of Service.
One hundred dollars ($100) per
incident.
12
Misrepresentation by Contractors in records or reporting.
Five thousand dollars ($5,000)
per incident.
13
Failure to provide the required annual, monthly, or ad hoc
report on time.
Five hundred dollars ($500) per
Day past deadline.
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Nothing in this Section shall be construed as providing an exclusive list of the acts or omissions of the
Contractor that shall be considered violations or breaches of the Contract, and the City reserves the right
to exercise any and all remedies it may have with respect to these and other violations and breaches. The
performance fees schedule set forth here shall not affect the City's ability to terminate this Contract as
described in Section 6.2.
Performance fees, if assessed during a given month, shall be invoiced in writing by the City to the
Contractor. The Contractor shall be required to pay the City the invoiced amount within thirty (30) Days
of billing. Failure to pay performance fees shall be considered a breach of this Contract, and shall accrue
penalty charges of eight percent (8%) per month of the amount of any delinquent payments.
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Action or Omission
Performance fees
14
Failure to maintain clean, sanitary, properly painted, and
properly labeled Containers.
Fifty dollars ($50) per incident,
up to maximum of one thousand
dollars ($1,000) per inspection.
15
Failure to maintain Contract -compliant vehicles.
Fifty dollars ($50) per incident,
up to maximum of one thousand
dollars ($1,000) per inspection.
16
Failure to meet Customer Service answer and on -hold time
performance requirements.
One hundred dollars ($100) per
Day.
17
Failure to meet the service and performance standards
listed in Section 4.3.2 of this Contract for a period of two (2)
consecutive months.
Two hundred and fifty dollars
($250) per Day until the service
standards listed in Section 4.3.2
are met for ten (10) consecutive
business days.
18
Failure to ensure that all Customers have Contract-
compliant Garbage, Recyclables, and Compostables
Containers on or before the Date of Commencement of
Service.
Five thousand dollars ($5,000)
per day, plus twenty-five dollars
($25) per Container for each
incident occurring after the Date
of Commencement of Service.
19
Failure to include City -authorized instructional/
promotional materials when Garbage, Recycling, and/or
Compostables Containers are delivered to Single -Family
Residences, or failure to affix required City -authorized labels
on Containers.
One hundred dollars ($100) per
incident.
20
Failure to separate collection of Recyclables materials from
Service Area Customers from non -Service Area customers.
Five thousand dollars ($5,000)
per route per day.
21
Failure to properly use an authorized switchable placard or
nameplates as described in Section 4.1.13.
One hundred dollars ($100) per
placard per vehicle per Day.
22
Inability to reach the Contractor's staff via the emergency
phone number.
Two hundred -fifty dollars ($250)
per incident.
23
The use of outdated, or unauthorized labels, or lack of
required labels on Contractor -provided Containers.
One hundred dollars ($100) per
Container.
24
Failure to have correct rates for all Customer sectors and
service levels listed on the Contractor's website.
Two hundred -fifty dollars ($250)
per Day.
Nothing in this Section shall be construed as providing an exclusive list of the acts or omissions of the
Contractor that shall be considered violations or breaches of the Contract, and the City reserves the right
to exercise any and all remedies it may have with respect to these and other violations and breaches. The
performance fees schedule set forth here shall not affect the City's ability to terminate this Contract as
described in Section 6.2.
Performance fees, if assessed during a given month, shall be invoiced in writing by the City to the
Contractor. The Contractor shall be required to pay the City the invoiced amount within thirty (30) Days
of billing. Failure to pay performance fees shall be considered a breach of this Contract, and shall accrue
penalty charges of eight percent (8%) per month of the amount of any delinquent payments.
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Any performance fees assessed against the Contractor may be appealed by the Contractor in writing to
the City within ten (10) Days of being invoiced for assessed performance fees. The Contractor shall be
allowed to present evidence as to why the amount of the assessed performance fees should be lessened
or eliminated, including the provision of incorrect information provided by a previous contractor for
contract failures during the initial transition period. The City's decision shall be final and not subject to
appeal.
6.2 Contract Default
The Contractor shall be in default of this Contract if it violates any material provision of this Contract. In
addition, the Contractor shall be in default of the Contract should any of the following occur, including,
but not limited to:
1. The Contractor fails to commence the collection of Garbage, Recyclables, or Compostables, or
fails to provide any portion of service under the Contract on the Date of Commencement of
Service, or for a period of more than five (5) consecutive Days at any time during the term of this
Contract, except as provided pursuant to Section 4.1.18;
2. The Contractor fails to obtain and maintain any permit, certification, authorization, or license
required by the City, County, or any federal, state, or other regulatory body in order to collect
materials under this Contract, or comply with any environmental standards and regulations;
3. The Contractor's noncompliance creates a hazard to public health or safety or the environment;
4. The Contractor disposes of uncontaminated Source -separated Recyclables or Compostables
collected from clearly identified Recyclables or Compostables Containers, bags, or boxes in a
landfill or incinerated at an incinerator or energy recovery facility, without the prior written
permission of the City;
5. The Contractor fails to make any required payment to the City, as specified in this Contract;
6. The Contractor is assessed performance fees pursuant to Section 6.1 in excess of fifteen thousand
dollars ($15,000) during any consecutive six (6) month period; or
7. The Contractor fails to resume full service to Customers within twenty-one (21) Days following
the initiation of a labor disruption pursuant to Section 4.1.18.
The City reserves the right to pursue any remedy available at law or in equity for any default by the
Contractor. In the event of default, the City shall give the Contractor ten (10) Days prior written notice of
its intent to exercise its rights, stating the reasons for such action. However, if an emergency shall arise
(including but not limited to a hazard to public health or safety or the environment) that does not allow
ten (10) Days prior written notice, the City shall promptly notify the Contractor of its intent to exercise its
rights. If the Contractor cures the stated reason within the stated period, or initiates efforts satisfactory
to the City to remedy the stated reason and the efforts continue in good faith, the City may opt to not
exercise its rights for the particular incident. If the Contractor fails to cure the stated reason within the
stated period, or does not undertake efforts satisfactory to the City to remedy the stated reason, then the
City may at its option terminate this Contract effective immediately.
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If Contractor abandons or violates any material provision of this Contract, fails to fully and promptly
comply with all its obligations, or fails to give any reason satisfactory to the City for noncompliance, and
fails to correct the same, the City, after the initial ten (10) Days' notice, may then declare the Contractor
to be in default of this Contract and notify the Contractor of the termination of this Contract. A copy of
said notice shall be sent to the Contractor and surety on the Contractor's performance bond. Upon receipt
of such notice, the Contractor agrees that it shall promptly discontinue the services provided under this
Contract. The surety of the Contractor's performance bond may, at its option, within ten (10) Days from
such written notice, assume the services provided under this Contract that the City has ordered
discontinued and proceed to perform same, at its sole cost and expense, in compliance with the terms
and conditions of the Contract, and all documents incorporated herein.
In the event that the surety on the Contractor's performance bond fails to exercise its option within the
ten (10) day period, the City may complete the Services provided under this Contract or any part thereof,
either through contract with another party or any other means.
The City shall be entitled to recover from Contractor and the surety on Contractor's performance bond as
damages all expenses incurred, including reasonable attorneys' fees, together with all such additional
sums as may be necessary to complete the services provided under this Contract, together with any
further damages sustained or to be sustained by the City. A surety performing under this Contract shall
be entitled to payment in accordance with this Contract for Contract services provided by the surety, and
shall otherwise be subject to the same rights and obligations with respect to the Contract services
furnished by the surety as would be applicable if the Contract services were to be performed by the
Contractor. The City's obligation to pay for such Contract services shall be subject to satisfactory
performance by the surety as well as to setoffs or recoupments for sums, if any, owed by Contractor to
City on account of Contractor's abandonment or default.
If the City employees provide Garbage, Recyclables or Compostables collection, the actual incremental
costs of City labor, overhead, and administration shall serve as the basis for a charge to the Contractor
and the surety on the Contractor's performance bond.
7. NOTICES
Routine communications between the Contractor and the City's contract manager shall be conducted via
e-mail unless otherwise required under this Contract. All notices referencing change of ownership,
penalties, rate requests, performance fees, or Contract default shall be e-mailed and provided in writing,
personally served, or mailed (postage -prepaid and return receipt requested), addressed to the Parties as
follows, or as amended by either Party, in writing, from time to time. The Contractor shall provide e-mail
addresses for use by the City when sending notices of penalties, performance fees, or Contract default:
To the City:
Director of Public Works
City of Tukwila
6300 Southcenter Blvd, Suite 200
Tukwila, WA 98188-2544
To Contractor:
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Comprehensive Garbage, Recyclables, and Compostables Collection Contract
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Recology King County, Inc.
801 S Fidalgo St, Suite 100
Seattle, WA 98108
8. GENERAL TERMS
8.1 Collection Right
Throughout the Contract Term, the Contractor shall be the exclusive provider with which the City shall
contract to collect Garbage, Compostables and Recyclables placed in designated Containers and set out
in the regular collection locations within the City Service Area subject to this Contract. When asked by
the Contractor, the City shall make a good faith effort to protect the exclusive rights of the Contractor
under this Contract; however, the City shall not be obligated to instigate, join in or contribute to the
expense of litigation to protect the exclusive rights of the Contractor unless the City's institution of or
joinder in such litigation is necessary for the protection of such rights. The Contractor may independently
enforce its rights under this Contract against third party violators, including, but not limited to, seeking
injunctive relief, and the City shall use good faith efforts to cooperate in such enforcement actions brought
by the Contractor (without obligating the City to join any such litigation, except for as provided in this
paragraph). Such efforts may include but not be limited to cease and desist letters, assistance with
documenting violations, and other activities as City staff time reasonably allows.
This Contract provision shall not apply to Garbage, Recyclables, or Compostables self -hauled by the
generator; to Source -separated materials hauled by common or private carriers (including drop-off
recycling sites); or to construction/demolition waste hauled by self -haulers or construction or demolition
contractors in the normal course of their business.
The Contractor shall retain the right and cover all costs to dispose of or process and market the Garbage,
Recyclables, and Compostables once these materials are placed in Contractor -provided or the City -owned
Containers. The Contractor shall retain revenues gained from the sale of Recyclables or Compostables.
Likewise, a tipping or acceptance fee charged for Recyclables or Compostables shall be the financial
responsibility of the Contractor.
8.2 Access to Records
The Contractor shall maintain in its local office full and complete operations, Customer, financial, and
Service records that at any reasonable time shall be open for inspection and copying for any reasonable
purpose by the City. In addition, the Contractor shall, during the Contract term, and at least seven (7)
years thereafter, maintain in an office within thirty (30) miles of the Service Area for storing records
pertaining to the Contract that are prepared in accordance with Generally Accepted Accounting Principles,
reflecting the Contractor's Services provided under this Contract. Those Contractor's accounts shall
include, but shall not be limited to, all records, invoices, and payments under the Contract, as adjusted
for additional and deleted Services provided under this Contract. The City shall be allowed access to these
records for audit and review purposes, subject to the same protections of the Contractor's financial or
other proprietary information set forth in Section 5.3.
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The Contractor shall make available copies of certified weight slips for Garbage, Recyclables, and
Compostables on request within two (2) business days of the request. The weight slips may be requested
for any period during the Term of this Contract.
8.3 Insurance
The Contractor shall procure and maintain, for the Term of the Contract, insurance that meets or exceeds
the coverage set forth below, as determined in the sole reasonable discretion of the City. The cost of such
insurance shall be paid by the Contractor.
Contractor's maintenance of insurance as required by this Contract shall not be construed to limit the
liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's
recourse to any remedy available at law or in equity.
8.3.1 Minimum Scope of Insurance
The Contractor shall obtain insurance that meets or exceeds the following of the types described below:
1. Automobile Liability insurance covering all owned, non -owned, hired, and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide
contractual liability coverage. The policy shall include the ISO CA 9948 Form (or its equivalent) for
transportation of cargo and a MCS 90 Form in the amount specified in the Motor Carrier Act. The
policy shall include a waiver of subrogation in favor of the City. The City shall be named as an
additional insured under the Contractor's Automobile Liability insurance policy.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01, or a
substitute form providing equivalent liability coverage and shall cover liability arising from
premises, operations, independent contractors, products -completed operations, personal injury
and advertising injury, and liability assumed under an insured contract. There shall be no
endorsement or modification of the Commercial General Liability insurance for liability arising
from explosion, collapse, or underground property damage. The City shall be named as an
additional insured under the Contractor's Commercial General Liability insurance policy with
respect to the work performed for the City, using ISO additional insured endorsements CG 2010
0704 and CG 2037 0704.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State.
4. Contractor's Pollution Liability insurance coverage covering any occurrence of bodily injury,
personal injury, property damage, cleanup costs, and legal defense expenses applying to all work
performed under the contract, including that related to transported cargo. The City shall be
named as an additional insured under the Contractor's Pollution Liability insurance policy.
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8.3.2 Minimum Amounts of Insurance
Contractor shall maintain at a minimum the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of five million dollars ($5,000,000) for each accident. Limits may be achieved
by a combination of primary and umbrella policies.
2. Commercial General Liability insurance shall be written with limits no less than five million dollars
($5,000,000) for each occurrence, five million dollars ($5,000,000) general aggregate, and a two
million dollar ($2,000,000) products -completed operations aggregate limit. Limits may be
achieved by a combination of primary and umbrella policies.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State.
4. Contractor's Pollution Liability insurance shall be written with limits no less than three million
dollars ($3,000,000) combined single limit for each pollution condition for bodily injury, personal
injury, property damage, cleanup costs, and legal defense expense.
8.3.3 Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile
Liability, Commercial General Liability, and Contractor's Pollution Liability coverage:
1. The Contractor's insurance coverage shall be the primary insurance with respect to the City, its
officials, employees, and volunteers. Any insurance, self-insurance, or insurance pool coverage
maintained by the City shall be in excess of the Contractor's insurance and shall not contribute
with it. The City, its officials, officers, employees, agents, and volunteers shall be named as
additional insureds on the Contractor's Automobile Liability, Commercial General Liability, and
Pollution Liability insurance policies, via blanket -form endorsement.
2. Coverage shall state that the Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
3. Each insurance policy required by the insurance provisions of this Contract shall provide the
required coverage and shall not be canceled except after the Contractor endeavors to provide
thirty (30) Days prior written notice has been given to the City. Such notice shall be sent directly
to the City. If any insurance company refuses to provide the required notice, the Contractor or its
insurance broker shall notify the City of any cancellation of any insurance immediately on receipt
of insurers' notification to that effect.
8.3.4 Acceptability of Insurers
Insurance is to be placed with insurers with a current AM Best rating of not less than A -:VII.
8.3.5 Verification of Coverage
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The Contractor shall furnish the City Administrator and City Attorney with original certificates and a copy
of the blanket -form amendatory endorsements as required herein, including, but not necessarily limited
to, the additional insured endorsement, evidencing the insurance requirements of the Contractor at least
thirty (30) Days before the Date of Commencement of Service of this Contract.
8.3.6 Subcontractors
Contractor will request all subcontractors performing work in connection with this Agreement to maintain
the following minimum insurance: Workers' Compensation in accordance with applicable law or
regulation, Employer's Liability with limits of $1,000,000, Commercial General Liability with limits of
$1,000,000 per occurrence and $2,000,000 in the annual aggregate, and Automobile Liability insurance
with limits of $1,000,000.
8.4 Performance Bond
The Contractor shall provide and maintain at all times a valid Contractor's Performance and Payment
Bond(s) in a form acceptable and approved by the City in the amount of seven hundred and fifty thousand
dollars ($750,000). The bond(s) shall be issued for a period of not less than one (1) year, and the Contractor
shall provide new bond(s) to the City no less than sixty (60) Days prior to the expiration of the bond(s)
then in effect. The City shall have the right to call the bond(s) in full in the event its renewal is not
confirmed prior to five (5) Days before its expiration.
8.5 Indemnification
8.5.1 Indemnify and Hold Harmless
The Contractor shall indemnify, defend, protect, and hold harmless the City, its elected and appointed
officials, officers, employees, representatives and agents, from any and all third party claims or suits, and
any damages, costs, judgments, awards or liability resulting from such claims or suits, (a) for injury or
death of any person or damage to property to the extent the same is caused by the actual or alleged
negligent acts or omissions, or willful misconduct, of Contractor, its agents, servants, representatives,
officers, or employees in the performance of this Contract and any rights granted hereunder, orb) to the
extent such claim or demand is caused by Contractor's unlawful release of Hazardous Waste in violation
of any Environmental Law in its performance of Services and exercise of any rights granted hereunder.
This indemnity under subsection 8.5.1(b) includes each of the following to the extent the same is caused
by Contractor's unlawful release of Hazardous Substances in violation of applicable Environmental Laws:
(i) liability for a governmental agency's costs of removal or remedial action for such release by Contractor
of Hazardous Waste; (ii) damages to natural resources caused by Contractor's release of Hazardous
Waste, including reasonable costs of assessing such damages; (iii) liability for any other person's costs of
responding to such release by Contractor of Hazardous Waste; and (iv) liability for any costs of
investigation, abatement, correction, cleanup, fines, penalties, or other damages arising under any
Environmental Laws that are caused by Contractor's release of Hazardous Waste. Provided, however,
such indemnification shall not extend to any portion of any claims, demands, liability, loss, cost, damage
or expense of any nature whatsoever including all costs and attorneys' fees caused by the willfully
tortious, or negligent acts or omissions of the City, its agents, employees, official, officers, contractors or
subcontractors.
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8.5.2 Process
In the event any claim for such damages be presented to or filed with the City, the City shall promptly
notify Contractor thereof, and Contractor shall have the right, at its election and at its sole cost and
expense, to settle and compromise such claim. In the event any suit or action is filed against the City
based upon any such claim or demand, the City shall likewise promptly notify Contractor thereof, and
Contractor shall defend such claim at is sole cost and expense and with legal counsel agreed to by the
City; provided, Contractor shall not settle any such suit or action without the express written agreement
by the City. The indemnification obligations set forth herein shall extend to claims which are not reduced
to a suit and any claims which may be compromised, with Contractor's written consent, prior to the
culmination of any litigation or the institution of any litigation. The City also has the right to defend or
participate in the defense of any such claim at its own cost and expense, provided that Contractor shall
not be liable for such settlement of other compromise unless it has consented thereto in writing.
The provisions contained herein have been mutually negotiated by the Parties. Solely to the extent
required to enforce the indemnification provisions of this Section 8.5.1, Contractor waives its immunity
under Title 51 RCW, Industrial Insurance; provided, however, the foregoing waiver shall not in any way
preclude Contractor from raising such immunity as a defense against any claim brought against Contractor
by any of its employees.
Inspection or acceptance by the City of any Services performed under this Contract shall not be grounds
for avoidance of any of these covenants of indemnification. Said indemnification obligations shall extend
to claims which are not reduced to a suit and any claims which may be compromised, with Contractor's
prior written consent, prior to the culmination of any litigation or the institution of any litigation.
The provisions of this Section 8.5 shall survive the termination or expiration of this Contract.
8.6 Confidentiality of Information
Pursuant to the Washington Public Records Act ("PRA"), chapter 42.56 RCW, public records, as defined by
the PRA may be subject to disclosure upon request by any person, unless the documents are exempt from
public disclosure by a specific provision of law.
If the City receives a request for inspection or copying of any documents Contractor -provided documents
that have been identified as confidential and proprietary, it shall promptly notify the Contractor in writing
regarding the public records request. The City will give the Contractor ten (10) business days after such
notification within which to obtain a court order prohibiting the release of the documents. The City
assumes no contractual obligation to enforce any exemption under the PRA.
8.7 Assignment of Contract
8.7.1 Assignment or Pledge of Money by the Contractor
The Contractor shall not assign or pledge any of the money due under this Contract without securing the
prior written approval of the surety of the Contractor's performance bond and providing at least thirty
(30) day's prior written notice to the City of such assignment or pledge together with a copy of the surety's
approval thereof. Such assignment or pledge, however, shall not release the Contractor or its sureties
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from any obligations or liabilities arising under or because of this Contract. The requirements of this
section shall not apply to the grant of a general security interest in the Contractor's assets to secure the
Contractor's obligations under any loan or credit facility entered into by the Contractor or the Contractor's
parent.
8.7.2 Assignment, Subcontracting, and Delegation of Duties
The Contractor shall not assign or subcontract any of the services provided under this Contract or delegate
any of its duties under this Contract without the prior written approval of the City, which may be granted
or withheld in the City's sole discretion.
In the event of an assignment, subcontracting, or delegation of duties, the Contractor shall remain
responsible for the full and faithful performance of this Contract and the assignee, subcontractor, or other
obligor shall also become responsible to the City for the satisfactory performance of the services to be
provided under this Contract. The City may impose conditions of approval on any such assignment,
subcontracting, or Change of Control, including but not limited to requiring the delivery by the assignee,
subcontractor, or other obligor of its covenant to the City to fully and faithfully complete the services to
be provided under this Contract or responsibilities undertaken. In addition, the assignee, subcontractor,
or obligor shall sign a separate statement agreeing to abide by all terms and conditions of this Contract.
The City may terminate this Contract if the assignee, subcontractor, or obligor does not comply with this
clause.
For the purposes of this Contract, any Change of Control of the Contractor shall be considered an
assignment subject to the requirements of this section. Nothing herein shall preclude the City from
executing a novation, allowing the new ownership to assume the rights and duties of the Contract and
releasing the previous ownership of all obligations and liability.
8.7.3 Change of Trade Name
In the event the Contractor wishes to change the trade name under which it does business under this
Contract, the Contractor shall provide the name, logo, and colors under which it will be doing business in
writing to the City at least thirty (30) Days prior to the effective date of its change of trade name. Within
a reasonable period following a change of trade name by the Contractor, all items, logos, articles, and
implements seen by the public shall be changed, including but not limited to letterhead, signs,
promotional materials, website pages, billing statements, envelopes, Container decals, and other items.
Vehicles are the only exception; vehicles must be repainted with new trade name, and any new logo or
colors, within two (2) years of the effective date of the change of trade name. Failure to comply with the
terms of this section shall result in performance fees assessed against the Contractor in accordance with
Section 6.1.
8.8 Laws to Govern/Venue
This Contract shall be governed by the laws of the State both as to interpretation and performance. Venue
shall be the County Superior Court.
8.9 Compliance with Applicable Laws and Regulations
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The Contractor shall comply with all federal, State, and local regulations and ordinances applicable to the
work to be done under this Contract. Any violation of the provisions of this section shall be considered a
violation of a material provision of this Contract and shall be grounds for cancellation, termination, or
suspension of the Contract by the City, and may result in ineligibility for further work for the City.
The Contractor agrees not to discriminate against any employee or applicant for employment or any other
persons in the performance of this Contract because of race, religion, creed, color, national origin, marital
status, gender, age, disability, sexual orientation, gender identity, or other circumstances as may be
defined by federal, State, or local law or ordinance, except for a bona fide occupational qualification.
Without limiting the foregoing, Contractor agrees to comply with the provisions of the Affidavit of Equal
Opportunity & Title VI Compliance requirements incorporated herein by this reference. The Contractor
agrees to post in conspicuous places, available to employees and applicants for employment, notices to
be provided by the Contractor setting forth the provisions of this nondiscrimination clause.
Conditions of the Federal Occupational Safety and Health Act of 1970 (OSHA), the Washington Industrial
Safety and Health Act of 1973 (WISHA), and standards and regulations issued under these Acts from time -
to -time must be complied with, including ergonomic and repetitive motion requirements. The Contractor
must indemnify and hold harmless the City from all damages, injuries or losses assessed for the
Contractor's failure to comply with the Acts and Standards issued therein. The Contractor is also
responsible for meeting all federal, State, and local health and environmental regulations and standards
applying to the operation of the collection and processing systems used in the performance of this
Contract.
The Contractor is specifically directed to observe all weight -related laws and regulations in the
performance of these services, including axle bridging and loading requirements.
8.10 Permits and Licenses
The Contractor and subcontractors shall secure a City business license and pay all fees and taxes levied by
the City. The Contractor shall obtain all permits, certifications, authorizations, and licenses necessary to
provide the services required herein prior to the Date of Execution of this Contract at its sole expense.
The Contractor shall be solely responsible for all taxes, fees, and charges incurred, including, but not
limited to, license fees and all federal, State, regional, county, and local taxes and fees, including income
taxes, property taxes, permit fees, operating fees, surcharges of any kind that apply to any and all persons,
facilities, property, income, equipment, materials, supplies, or activities related to the Contractor's
activities under the Contract, business and occupation taxes, workers' compensation, and unemployment
benefits.
8.11 Relationship of Parties
The City and Contractor intend that an independent contractor relationship shall be created by this
Contract. The implementation of services shall lie solely with the Contractor. No agent, employee, servant,
or representative of the Contractor shall be deemed to be an employee, agent, servant, or representative
of the City.
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8.12 Contractor's Relationship with Customers
The Contractor shall not separately contract with Customers for any services covered under this Contract;
however, the Contractor may negotiate separate agreements with Customers for the sole purpose of
compactor leasing, payment for recyclables, or other related services only when not included in this
Contract, provided that Customers are provided separate invoices for those services and that the
Contractor makes it clear to Customers that those services are not provided under this Contract. These
separate agreements must be in writing and shall in no way expressly or by application supersede this
Contract. The Contractor agrees these separate agreements shall not contain durations any longer than
the final date of this Contract's Term. The Contractor shall provide to the City a detailed list of all such
separate agreements with Customers upon the City's request. The City may, at its sole option, regulate
similar or identical services in the successor to this contract.
8.13 Bankruptcy
It is agreed that if an order for relief with respect to the Contractor is entered in any bankruptcy case,
either voluntarily or involuntarily, in which the Contractor is a debtor, then this Contract, at the option of
the City, may be terminated effective on or after the day and time the order for relief is entered.
8.14 Right to Renegotiate/Amend
The City shall retain the right to renegotiate this Contract or negotiate contract amendments at its
discretion or based on policy changes, State statutory changes, or County rule changes, State or federal
regulations regarding issues that materially modify the terms and conditions of the Contract, including
but not limited to any modifications to contracting terms or policies as they relate to County disposal
services. The City may also renegotiate this Contract should any State, County, or City rate or fee
associated with the Contract be held illegal or any increase thereof be rejected by voters. In addition, the
Contractor agrees to renegotiate in good faith with the City in the event the City wishes to change disposal
locations or add additional services or developments, such as those identified through a pilot program
under Section 4.1.16, to the Contract and to provide full disclosure of existing and proposed costs and
operational impacts of any proposed changes.
This Contract may be amended, altered, or modified only by a written amendment or addendum executed
by authorized representatives of the City and the Contractor.
8.15 Force Majeure
Provided that the requirements of this section are met, Contractor shall not be deemed to be in default
and shall not be liable for failure to perform under this Contract if Contractor's performance is prevented
or delayed by Acts of Nature, including but not limited to landslides, lightning, forest fires, storms, floods,
freezing and earthquakes, terrorism, civil disturbances, acts of the public enemy, wars, blockades, public
riots, explosions, pandemics, governmental restraint or other causes, whether of the kind enumerated or
otherwise, that are not reasonably within the control of the Contractor, and are not the result of the willful
or negligent act, error or omission of the Contractor; and that could not have been prevented by the
Contractor through the exercise of reasonable diligence ("Force Majeure"). The Contractor's obligations
under this Contract shall be suspended, but only with respect to the particular component of obligations
affected by the Force Majeure and only for the period during which the Force Majeure exists.
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The following events do not constitute Force Majeure: strikes, other than nationwide strikes or strikes
that by virtue of their extent or completeness make the particular goods or services effectively unavailable
to the Contractor; work stoppages or other labor disputes or disturbances occurring with respect to any
activity performed or to be performed by the Contractor; accidents to machinery, equipment or materials;
unavailability of required materials or disposal restrictions; or general economic conditions.
If as a result of a Force Majeure event, Contractor is unable wholly or partially to meet its obligations
under this Contract, the Contractor shall notify the City by phone and e-mail, on or promptly after the
Force Majeure is first known, followed within seven (7) Days by a written description of the event and
cause thereof to the extent known; the date the event began, its estimated duration, the estimated time
during which the performance of the Contractor's obligations will be delayed; the likely financial impact
of the event; and whatever additional information is available concerning the event and its impact on the
City and its Customers. The Contractor shall provide prompt written notice of the cessation of the Force
Majeure. Whenever such event shall occur, the Contractor, as promptly and as reasonably possible, shall
use its best efforts to eliminate the cause, reduce the cost, and resume performance under the Contract.
In addition, if as a result of a Force Majeure event, Contractor is unable wholly or partially to meet its
obligations under this Contract, the Contractor shall notify all Customers regarding the disruption in
collection service in a manner similar to the notification required in the case of inclement weather under
Section 4.1.7.
8.16 Severability
If any provision of this Contract shall be declared illegal, void, or unenforceable, the other provisions of
the Contract shall remain in full force and effect.
8.17 Waiver
No waiver of any right or obligation of either party hereto shall be effective unless in writing, specifying
such waiver, and executed by the party against whom such waiver is sought to be enforced. A waiver by
either party of any of its rights under this Contract on any occasion shall not be a bar to the exercise of
the same right on any subsequent occasion or of any other right at any time.
8.18 Incorporation of Contractor's Proposal in Response to City's RFP
The Contractor's Proposal, dated April 18, 2022 submitted in response to the City's Request for Proposals,
is fully incorporated by this reference, including but not limited to collection vehicle types, Customer
Service staffing and approach, processing abilities and other commitments made in the Contractor's
proposal and all associated clarifications and supplemental proposal materials or attachments. In the case
of conflict between the Contractor's proposal and this Contract, the provisions of this Contract shall
prevail.
8.19 Dispute Resolution
The Parties shall attempt to resolve any and all disputes to the mutual satisfaction of both Parties by good
faith discussions. Throughout the duration of a dispute, the Contractor shall continue providing all Services
included in this Contract. Disputes not resolved in accordance with other provisions of this Contract or
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114
through good faith discussions shall be submitted to non-binding mediation before a mediator acceptable
to both the City and the Contractor. All costs of mediation, including the City's attorneys' fees and expert
witness fees, shall be paid for by the Contractor. Neither party may initiate or commence legal
proceedings prior to completion of the non-binding mediation. In the event of litigation, the prevailing
party in the suit shall be entitled to attorney fees.
8.20 Entirety
This Contract and the exhibits affixed hereto and herein incorporated by reference represent the entire
agreement between the City and the Contractor with respect to the services to be provided under this
Contract. No prior written or oral statement or proposal shall alter any term or provision of this Contract.
WITNESS THE EXECUTION HEREOF on the day and year first herein above written.
RECOLOGY KING COUNTY, INC.
By
CITY OF TUKWILA
By
City Manager
Approved as to Form:
By
City Attorney
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EXHIBITS
EXHIBIT A: Service Area
EXHIBIT B: Contractor Rates
EXHIBIT C: Recyclables List
EXHIBIT D: Rate Modification Examples
City of Tukwila 1 August 2022
Exhibits
116
EXHIBIT A
Service Area
Date: February 1, 2022
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City of Tukwila
Service Area
Exhibit A
1
August 2022
117
EXHIBIT B
Contractor Rates
City of Tukwila
Contractor Rates
118
1
August 2022
2023 PROPOSED SOLID WASTE RATES
Residential Curbside
Services
SERVICE LEVEL
TIPPING FEE
COMPONENT
SERVICE
COMPONENT
CUSTOMER
RATE
FAC
COMPONENT
Monthly Service:
Monthly 32/35 Gallon Garbage Cart
$1.86
59.15
$11.01
$0.26
Weekly Service:
10 Gallon Garbage Micro -Can
$2.01
$11-08
$13.09
$0.34
20 Gallon Garbage Cart
$4.05
$10.18
$14.23
$0.67
32/35 Gallon Garbage Cart
$6.50
$1185
$20.35
$1.12
45 Gallon Garbage Cart
$9.15
$15.10
$24.25
$1.68
64 Gallon Garbage Cart
$13.01
$16.37
$29.38
$2.24
96 Gallon Garbage Cart
$19.55
$18.90
$38.45
$3.38
Extras (32 Gallon Equivalent)
$1.06
$3.94
$5.00
-
Compostables Service:
32/35 Gallon EOW Compostables Cart
$11.59
-
64 Gallon EOW Compostables Cart
$11.59
-
96 Gallon EOW Compostables Cart
$1159
-
Extra Compostables Cans/Bags, 32 Gallon Equivalent (Each)
$3.18
96 Gallon Extra Compostables Cart Rental I
$1.97
96 Gallon Extra Compostables Cart Rental + EOW Service
$5.93
Miscellaneous Fees:
Recycling Cart Rental, In Excess of 2 Carts
$1.97
Return Trip (Per Pickup)
$6.91
-
Carry -out Charge, Per 25 ft, Per Month
$3.94
Drive-in Charge, Per Month
$5.53
Vacation Standby Fee, Per Month
$4.54
Redelivery of All Carts After Service Cancellation
$19.77
-
On -Call Bulky Waste
TIPPING FEE
SERVICE
DMER
FAC
Collection
SERVICE LEVEL
COMPONENT
COMPONENT
RATE
COMPONENT
White Goods, Except Refrigerators
$24.72
$24.72
Refrigerators & Freezers
$49.45-
$49.45
Sofas & Chairs
$31.83
$9.88
$4171
Mattresses
$31.83
$9.88
541.71
-
fiires.
$4.24
$5.93
510.17
-
Miscellaneous, Per Cubic Yard
527.58
$3.94
531.52
MF & Commercial
Carts
TIPPING FEE
SERVICE
CUSTOMER
FAC
SERVICE LEVEL
COMPONENT
COMPONENT
RATE
COMPONENT
Weekly Service:
20 Gallon Garbage Cart
$4.05
$17.05
$21.10
$0.67
32/35 Gallon Garbage Cart
$6.50
$22.12
$28.52
$1.12
45 Gallon Garbage Cart
$9.15
$24.79
$33.94
$1.68
64 Gallon Garbage Cart
$13.01
$27.45
$40.46
$2.25
96 Gallon Garbage Cart
$19.55
$37.97
$57.52
$3.37
Extra Garbage Cans/Bags, 12 Gallon Equivalent (Each
$1.06
$3.94
$5.00
-
Compostable Service:
32/35 Gallon Compostables Cart
$14.23
-
64 Gallon Compostables Cart
$19.91
96 Gallon Compostables Cart
$28.24
Miscellaneous Services:
Return Trip (Per Pickup)
$6.91
Carry -out Charge, Per 25 ft, Per Month
$3.94
Drive-in Charge, Per Month
$5.93
Redelivery of Carts After Service Cancellation (Up to 3 Carts)
$19.77
-
City of Tukwila
Contractor Rates
118
1
August 2022
MF & Commercial
Detachable
Containers
lCompautedj
SERVICE LEVEL
TIPPING FEE
COMPONENT
SERVICE
COMPONENT
CUSTOMER
RATE
FAC
COMPONENT
Compacted Containers:
1 Cubic Yard Container
$131.58
$511.41
$642.99
$20.26
13 Cubic Yard Container
$197.36
$589.64
$787.00
$40.52
2 Cubic Yard Container
$263.17
5662.24
$931.41
$6039
3 Cubic Yard Container
$394.75
$758.09
$1,152.84
$81.05
4 Cubic Yard Container
$526.34
$847.19 i
$1,37333
$10L32
6 Cubic Yard Container
$789.52
$949.80
$1,739.32
$10L32
8 Cubic Yard Container
$1,052.73
51,052.47
$2,10520
$12L58
MF & Commercial
1
Detachable
Containers{Loose}
TIPPING FEE
SERVICE
CUSTOMER
FAC
SERVICE LEVEL
COMPONENT
COMPONENT
RATE
COMPONENT
1 Cubic Yard Uncompacted:
1 Pickup/Week/Container
$37.58
$107.65
$145.23
$6.75
2 Pickups/Week/Container
$75.16
$215.52 i
$290.68
$13.50
3 Pickups/Week/Container
$112.76
$323.29
$436.05
$20.26
4 Pickups/Week/Container
$150.37
$431.21
$581.58
$27.01
5 Pickups/Week/Container
$187.97
$538.92
$726.89
$33.77
L25/1.5 Cubic Yard Unoornpacted:
1 Pickup/Week/Container
$5637
$138.91
$195.28
$10.13
2 Pickups/Week/Container
$112.76
$277.93
$390.69
$20.26
3 Pickups/Week/Container
$169.17
$41695
$586..12
$30.39
4 Pickups/Week/Container
$225.58
$55599 1
$78137
$4032
5 Pickups/Week/Container
$281.96
$695.04
$977.00
$50.66
2 Cubic Yard Uncornpacted:
1 Pickup/Week/Container
$75.16
$15337
$229.13
$13.50
2 Pickups/Week/Container
$150.37
$30820
$458.57
$27.01
3 Pickups/Week/Container
$225.58
$46234
$687.92
$40.52
4 Pickups/Week/Container
$300.75
$616.55
$917.30
$54.03
5 Pickups/Week/Container
$375.97
$770.71
$1,146.68
$67.54
3 Cubic Yard Unctanpacted:
1 Pickup/Week/Container
$112.76
$205.18
$317.94
$20.26
2 Pickups/Week/Container
$225.58
$410.53
$636.11
$40.52
3 Pickups/Week/Container
$338.34
$615.98
$954.32
$60.79
4 Pickups/Week/Container
$451.17
$821.32
$1,272.49
$81.05
5 P'ickups/Week/Container
$563.95
$1,026.69
51,590.64
5101.32
4 Cubic Yard Uncompacted:
1 Pickup/Week/Container
$150.37
$25725
$407.62
$27.01
2 Pickups/Week/Container
$300.75
$51437
$81532
$54.03
3 Pickups/Week/Container
$451.17
$771.95
$1,223.12
$81.05
4 Pickups/Week/Container
$601.54
$1;029.33
$1.,630.87
5108.07
5 Pickups/Week/Container
$751.93
$1,286.73
52,038.66
5135.09
6 Cubic Yard Uncntnpacted:
1 Pickup/Week/Container
$225.58
$327.01
$552.59
$40.52
2 Pickups/Week/Container
$451.17
$65425
$1,105.42
$81.05
3 Pickups/Week/Container
$676.76
$98130
$1,658.06
$121.58
4 Pickups/Week/Container
$902.34
$1,308.59
$2,210.93
$162.11
5 Pickups/Week/Container
$1,127.93
$1,635.64
52,76337
$202.64
¢8 Cubic Yard Uncarnpacted:
1 Pickup/Nu'eek/Container
$300.75
$412.98
$713.73
$54.03
2 Pickups/Week/Container
$601.54
$826.17
$1,427.71
$108.07
3 Pickups/Week/Container
$902.34
$1,239.29
$2,141.63
$162.11
4 Pickups/Week/Container
$1,203.12
$1,652.44
$2,855.56
$216.15
5 Pickups/Week/Container
$1,503.91
$2,065.56 1
$3,569.47
$270.19
Extra Garbage:
Extra Loose Garbage In Container, 32 Gallon Equlva
$1.06
$1.97
$3.03
Extra Loose Garbage an Ground, 32 Gallon EquivaI
ivliscelfaneous Services:
$1.06
$394
$5.00
Return Trip ( Prr Pickup)
$0.88
Container Rollout, Over 25 Feet (Per 10 Feet, Per Pickup)
$4.94
City of Tukwila
Contractor Rates
2
August 2022
119
MF & Commercial
Drop Box Hauling
SERVICE LEVEL
HAUL CHARGE
FAC
COMPONENT
Non -compacted Service:
10 Cubic Yard Container
$232.47
$15.60
15 Cubic Yard Container
$232.47
$2140
20 Cubic Yard Container
$232-47
$31.20
25 Chic Yard Container
$232-47
$39.00
30 Cubic Yard Container
$232.47
$46.80
40 Cubic Yard Container
$232.47
$62.40
Compacted Service:
10 Cubic Yard Container
$232.47
$46.80
15 Cubic Yard Container
$232.47
$70.20
20 Cubic Yard Container
$232.47
$93.60
25 Cubic Yard Container
$232.47
$117.00
30 Cubic Yard Container
$232.47
$140.40
40 Cubic Yard Container
$232.47
5187.00
TempararyCOnta�iner
TTPPING FEE
SERVICE
FAL
SERVICE LEVEL
COMPONENT
COMPONENT
HAUL CHARGE
COMPONENT
Hauling
Temporary Collection Hauling:
2 Cubic Yard Detachable Container
$10.70
$54.33
$74.03
4 Cubic Yard Detachable Container
$39.39
$72.44
$111.83
6 Cubic Yard Detachable Container
$59.11
$92.48
$151.59
8 Cubic Yard Detachable Container
$78.80
$117-08
$195.88
Non -compacted 10.40 Cubic Yard Drop -box
$232.47
Drop -box Container
I IVERv
FPI
Rental &Delivery
SERVICE LEVEL
DAILY RENT
MONTHLY RENT
CHARGE
COMPONLNT
Detachable Temporary Container:
2 Cubic Yard Detachable Container
$133.14
$61-85
$2.03
4 Cubic Yard Detachable Container
$13114
$123.71
$4.06
6 Cubic Yard Detachable Container
$133.14
$152-72
$5.02
8 Cubic Yard Detachable Container
$133.14
$168.92
$5.54
Non -compacted Regular & Temporary Service:
Non -compacted 10 Cubic Yard Drop•box
$133.14
$13330
$6.53
Non -compacted 15 Cubic Yard Drop. box
$133.14
$146-13
$7.10
Non -compacted 20 Cubic Yard Drop• box
$133.14
$153-43
$7.40
Non -compacted 25 Cubic Yard Drop•box
$133.14
$17131
$8.36
Non -compacted 30 Cubic Yard Drop. box
$133.14
$186-85
$9.03
Non -compacted 40 Cubic Yard Drop•box
$133.14
$223.64
$10.71
Miscellaneous Fees:
SERVICE FEE
Additional Mileage Charge for Hauls to Other Sites (Per One Way Mile)
$2.96
Return Trip (Per Pickup)
$14.83
Stand-by Time (Per Minute)
$1.47
Drop -box Turn Around Charge
$14.83
Solid Drop -box Lid Charge (Per Month/
$27.69
Event 5ervicet
CU3TUIVIER
SERVICE LEVEL
RATE
Delivery, Provision, Collection of a Set of 3 Carts (G, R &C)
$30.53
Hourly Rates
CUSTOMER
SERVICE LEVEL
RATE
Hourly Rates:
Rear/Side Load Packer & Dover
$148.38
Front Load Packer & Driver
$148.38
Drop Pox Truck & Driver
$148.38
Additional Labor (Per Person)
$79.13
Miscellaneous Fees
SERVICE LEVEL
RATE PER EVENT
Container Cleaning - Carts
$9.88
Container Cleaning - Detachable Containers
$29.67
Re -line with Cornpostable Cart Liner
$4.94
Drop -box Disposal
Drop -box Disposal with Mark-up (Per Ton)
$154.29
City of Tukwila
Contractor Rates
120
3
August 2022
EXHIBIT C
Recyclable Materials to be Collected
Recyclable Item
Customer Preparation
Instructions
Limitations
Aluminum & Tin — All food and
beverage cans, trays, pie tins, and
food containers.
Empty, clean, secure lids and place
in Recycling Container.
Food and beverage containers
must be empty and clean.
Corrugated Cardboard — All
corrugated cardboard boxes.
Flatten corrugated cardboard boxes
and placed in or next to Recycling
Container.
No larger than 3' x 3' in size,
larger boxes shall be cut down
to size.
Glass Containers — All colored or clear
glass jars and bottles.
Empty, clean, remove lids, and
place in Recycling Container.
Food and beverage containers
must be empty and clean.
Paper — All mixed paper, colored
paper, magazines, phone books,
catalogues, and advertising
supplements.
Place clean, dry paper in Recycling
Container.
All paper must be clean.
Plastic Containers — All colors of
plastic bottles, jugs, and tubs.
Empty, clean, remove lids, and
place in Recycling Container.
Food and beverage containers
must be empty and clean.
Plastic bottles, jugs, tubs or
containers that have hazardous
or toxic products, such as motor
oil or pesticides are excluded.
Scrap Metal — All ferrous and non-
ferrous scrap metal. Free of wood,
rubber, and other contaminants.
Small items: Place in Recycling
Container or secure (e.g. bundle or
box) next to Recycling Container.
Large items: Call to request pickup
at least twenty-four (24) hours
before regular service day.
Small items: Less than two feet
(2') by two feet (2') and thirty -
five (35) lbs. Less than five
percent (5%) non-metal parts.
Large items: Larger than two
feet (2') by two feet (2'). Call to
request pick-up. Residential
only.
Used Motor Oil — Pure motor oil.
Seal uncontaminated motor oil (no
large solids) in clean, clear, screw-
top plastic jugs. Label jugs with
name and address and place next to
Recycling Cart.
Limit three (3) gallons per pick -
up and ten (10) gallons per
year. Residential only.
Used Cooking Oil — Pure liquid
cooking oil of all types (vegetable,
canola, etc.).
Seal uncontaminated cooking oil
(no large solids) in clean, clear,
screw-top plastic jugs. Label jugs
with name and address and place
next to Recycling Cart.
Limit three (3) gallons per pick -
up and ten (10) gallons per
year. Residential only.
City of Tukwila
Recyclables List
1
August 2022
121
EXHIBIT D
Rate Modification Examples
The Customer charges in Exhibit B shall be adjusted annually and are comprised of three separate
components: the Service component, Tipping Fee component, and Fixed Annual Charge component. The
Service component and Tipping Fee component shall produce the Customer rate and the Fixed Annual
Charge shall be listed separately. The Customer charges shall also be adjusted if there is a change to the
City's Administrative Fee or Washington State excise tax or any other adjustment to compensation made
pursuant to Article 5 of the Contract.
Service component. The service component of the Customer charges shall be adjusted annually to reflect
the CPI change as described below. The City's Administrative Fee is embedded in the service component
of the rate.
Tipping Fee component. The Tipping Fee component of the Customer charges shall be adjusted by the
percentage increase or decrease in the County Tipping Fee. Any increase or decrease shall not become
effective until the new Tipping Fee becomes effective and are actually charged to the Contractor. The
City's Administrative Fee plus excise tax on the Administrative Fee is embedded in the Tipping Fee
component of the rate.
Fixed Annual Charge component. The Fixed Annual Charge component of the Customer charges shall be
applied to all regular Garbage services and Garbage Drop -box services. The amount of each year's Fixed
Annual Charge is to be provided by the County to the City and Contractor no later than September 1st of
the year preceding in which the Fixed Annual Charge is to take effect. This new Fixed Annual Charge shall
be adjusted by adding or subtracting, as appropriate, any underpayment or overpayment collected from
Customers from the prior calendar year. This component shall be calculated annually as a proportion of
monthly Container volume for the current Customer counts. The City's Administrative Fee plus excise tax
on the Administrative Fee is embedded in the Fixed Annual Charge component of the rate annually.
Formulas for adjustments of the service component, Tipping fee component, and Fixed Annual Charge
component are provided below. Adjustments to the Contractor's disposal fees and charges on rates shall
be made in units of one cent ($0.01).
For example, assuming that as of January 1, 2024, a 32/35 -gallon Cart has a Customer rate of $21.24 per
month where $6.70 is the Tipping Fee component and $14.54 is the Service component. $1.13 is the Fixed
Annual Charge component including the Administrative Fee and excise tax on the Administrative Fee. The
current Tipping Fee is $135.64 and increases to $140.00 per ton starting on January 1, 2025. The new
County Fixed Annual Charge is $950,000 with $10,000 previously overpaid by Customers to the
Contractor. Currently there are 629,399 cubic yards of garbage calculated from current Customer counts.
The previous CPI is 100.0 and the new CPI is 105.0. The current City Administrative Fee is 6.0% and the
Washington State excise tax is 1.75%.
Symbol
Current Customer Rate Description
Example
Calculation
TFCoLD
Current Tipping Fee Component of
Customer Rate
$6.70
-
SCOLD
Current Service Component of Customer
Rate
$14.54
-
CRoLD
Current Customer Rate
$21.24
= TFCoLo + SCOLD
City of Tukwila
Rate Modification Examples
122
1
August 2022
Symbol
Tipping Fee Component Description
Example
Calculation
TFoLD
Current King County Garbage Tipping Fee
$135.64
-
TFNEw
New King County Garbage Tipping Fee
$140.00
-
TF%
Garbage Tipping Fee Adjustment
3.21%
= (TFNEw - TFoLD) / TFoLD
Symbol
Service Component Description
Value
Calculation
CPIoLD
Previous CPI
100.0
-
CPINEw
Current CPI
105.0
-
CPI%
CPI Adjustment
5.0%
= (CPINEw - CPIoLD) / CPIoLD
Symbol
New Customer Rate Description
Example
Calculation
TFCNEw
New Tipping Fee Component of Customer
Rate
$6.91
= TFCoLD * (1 + TF%)
SCNEw
New Service Component of Customer Rate
$15.26
= SCOLD * (1 + CPI%)
CRNEw
New Customer Rate
$22.17
= TFCNEw + SCNEw
Symbol
Fixed Annual Charge Description
Example
Calculation
FACoLD
Current County Fixed Annual Charge (FAC)
$927,523
FAC for Current Year
FACAGG
Previous Aggregate FAC Components
$937,523
= 1 Previous Years' FAC Components
(Without Admin Fee or Excise Tax on
Admin Fee)
FACoiu
FAC Overpayment/Underpayment from
prior year
$10,000
= FACAGG - FACoLD
FACNEw
New County FAC
$950,000
-
FACTRG
New Target FAC
$940,000
= FACNEw - FACoiu
Symbol
Fixed Annual Charge Component
Description
Example
Calculation
GV
Annual Garbage Container Volume (Cubic
Yards)
629,399
= 1 (Monthly Garbage Container Volume)
* 12
FACGv
Monthly Target FAC per Cubic Yard of
Garbage (with Admin Fee and Excise Tax
on Admin Fee)
$1.58
= (FACTRG / GV) * (1 + FF + (FF * ET))
FACCNEw
New Fixed Annual Charge Component
$1.13
= (Monthly Garbage Container Volume)
* FACGv
Based upon the calculations above, the new Customer rate as of January 1, 2025 for one 32/35 -gallon
Cart is $22.17 per month where $6.91 is the Tipping Fee component and $15.26 is the service
component. The Fixed Annual Charge component is $1.13.
City of Tukwila
Rate Modification Examples
2
August 2022
123
Tax & Fee Elements
Value
Calculation
FF
Current City Administrative Fee
6.0%
-
ET
Current Excise Tax
1.75%
-
Based upon the calculations above, the new Customer rate as of January 1, 2025 for one 32/35 -gallon
Cart is $22.17 per month where $6.91 is the Tipping Fee component and $15.26 is the service
component. The Fixed Annual Charge component is $1.13.
City of Tukwila
Rate Modification Examples
2
August 2022
123
124
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
09/12/22
JR
Works Shops Maintenance & Engineering Building Project
Contract Award for Test -to -Fit Site & Program Analysis
09/12122
09/19/22
JR
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
CATEGORY Discussion
11
Mtg Date
Mtg
SPONSOR ❑Council Mayor HR ❑DCD Finance Fire TV P&R Police PW' ❑Court
SPONSOR'S Staff conducted thorough reviews of the candidate firms that responded to the City's
SUMMARY Request for Qualifications and Miller Hayashi Architects was selected for a test -to -fit phase
contract which includes the architectural, structural engineering, electrical, civil,
landscaping, and estimating consulting services among other expenses. Council is being
asked to approve the test -to -fit contract in the amount of $188,727 for architect and
engineering services with Miller Hayashi Architects.
ITEM INFORMATION
ITEM No.
6.B.
125
STAFF SPONSOR: HARI PONNEKANTI
ORIGINAL AGENDA DATE: 09/12/22
AGENDA ITEM TITLE
Public
Architect
Works Shops Maintenance & Engineering Building Project
Contract Award for Test -to -Fit Site & Program Analysis
09/12122
Motion
Date 09/19/22
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
CATEGORY Discussion
11
Mtg Date
Mtg
SPONSOR ❑Council Mayor HR ❑DCD Finance Fire TV P&R Police PW' ❑Court
SPONSOR'S Staff conducted thorough reviews of the candidate firms that responded to the City's
SUMMARY Request for Qualifications and Miller Hayashi Architects was selected for a test -to -fit phase
contract which includes the architectural, structural engineering, electrical, civil,
landscaping, and estimating consulting services among other expenses. Council is being
asked to approve the test -to -fit contract in the amount of $188,727 for architect and
engineering services with Miller Hayashi Architects.
REVIEWED BY
Trans&Infrastructure
❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev.
❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: KATE KRULLER
❑ LTAC
DATE: 08/29/22
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Public Works Department
Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$188,727.00 $350,000.00 $0.00
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
09/12/22
09/19/22
MTG. DATE
ATTACHMENTS
09/12/22
Informational Memorandum dated 08/26/22
Request for Qualifications
Proposed Miller Hayashi Contract
Miller Hayashi Proposal
Minutes from Transportation and Infrastructure Committee meeting of 08/29/22
09/19/22
No attachments
125
126
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
4/18/22
CO
4/25/22
CO
09/19/22
CO
ITEM INFORMATION
ITEM No.
6.C.
STAFF SPONSOR: Kari Sand, City Attorney
ORIGINAL AGENDA DATE: 4/18/22
AGENDA ITEM TITLE Opioid Settlement Agreement — Next Steps
CATEGORY ® Discussion
Mtg Date 4/18&4/25
Z Motion
Mtg Date 9/19/22
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ® Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW
SPONSOR'S
SUMMARY
The Council approved the MOU to mitigate harm associated with the Pharmaceutical Supply
Chain who manufacture and dispense prescription opioids on 4/25/22. In order to get the full
settlement amount, the City needs to sign and return the Participation Form and Allocation
Agreement before September 23, 2022.
REVIEWED BY
El Trans&Infrastructure Svcs ❑ Community Svcs/Safety El Finance & Governance ❑ Planning & Community Dev.
El LTAC El Arts Comm.
DATE: 4/18/22 & 4/25/22
El Parks Comm. ❑ Planning Comm.
C.OW. and SPECIAL: COUNCIL PRESIDENT
RECOMMENDATIONS:
SPONSOR/ADMIN. Legal
COMMIrIEE Approved to go to 9/19/22 Meeting by Council President
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
4/18/22
Forward to 4/25/22 Special Meeting
4/25/22
Approved Memorandum of Understanding
9/19/22
MTG. DATE
ATTACHMENTS
4/18/22
Informational Memorandum dated 4/11/22
Powerpoint presentation
Memorandum of Understanding, with Exhibits
4/25/22
Approved Memorandum of Understanding
9/19/22
Informational Memorandum dated 9/13/22
Allocation Agreement and Participation Form
Presentation -Washington Distributor Presentation
22-052 - Washington Municipalities - MOU: Opioid Settlement Agreement
127
128
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: TUKWILA CITY COUNCIL
FROM: Kari Sand, City Attorney
BY: Christy O'Flaherty, Records Governance Manager/City Clerk
CC: Mayor Ekberg
DATE: September 13, 2022
SUBJECT: Opioid Settlement Agreement — Next Steps
ISSUE
The Council approved the One Washington Memorandum of Understanding to mitigate the harm
associated with the Pharmaceutical Supply Chain who manufacture and dispense prescription opioids on
April 25, 2022. In order to get the full settlement amount, the City needs to sign and return the
Participation Form and Allocation Agreement before September 23, 2022.
SETTLEMENT UPDATE
The Washington State case was litigated by the Attorney General's Office against distributors
AmerisourceBergen, Cardinal Health, and McKesson. The State litigation went to trial and was settled at
close of evidence after weeks of trial. The settlement is $518 million, which will be paid over 17 years.
$430 million must be used to address opioid issues and cannot be used in the General Fund.
90% of cities over 10,000, and all litigating cities, must agree to the settlement by signing the
Participation Form. Cities with a population over 10,000 are listed in Exhibit A, and litigating cities are
listed in Exhibit B to the settlement. Of the total settlement amount, up to $215 million are earmarked
specifically for cities and will be paid over 17 years. The more cities that sign on, the closer to the
maximum amount the cities will receive.
To get the full settlement amount, the State needs those cities described above to sign and return the
Participation Form before September 23, 2022, which includes a release. Cities must also sign the
Allocation Agreement before September 23, 2022. This will be the document that splits the money
between the state and local governments - the 50/50 split of up to $430 million. The default allocation in
the national agreement is 15% to local, 15% to state, and 70% to dedicated fund. The proposed allocation
agreement would change this default method to something the state and litigating cities specifically want.
The cities' 50% (up to $215 million) would be split using the One Washington MOU, which the Tukwila
Council approved at the April 25, 2022 Special Meeting.
Settlement payments start on December 1, 2022. The first payment will be about 2x all the remaining
yearly payments. Subsequent payments will be made on July 15 for the next 16 years. The Mallinckrodt
and Purdue bankruptcies have different requirements, and no sign on is required. Washington may get
substantial money here as well (Purdue larger than Mallinckrodt), which is not part of this current
settlement. There may be future opioid settlements, and Johnson & Johnson is pending a trial date.
RECOMMENDATION
The Council is being asked to approve the Participation Form and Allocation Agreement for the Mayor's
signature at the September 19, 2022 Regular Meeting.
ATTACHMENTS
-Informational Memorandum, dated 9/13/2022
-Allocation Agreement & Participation Form
-Presentation-Washington Distributor Presentation
-22-052 - Washington Municipalities - MOU: Opioid Settlement Agreement
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ALLOCATION AGREEMENT GOVERNING THE ALLOCATION OF FUNDS PAID
BY THE SETTLING OPIOID DISTRIBUTORS IN WASHINGTON STATE
AUGUST 8, 2022
This Allocation Agreement Governing the Allocation of Funds Paid by the Settling
Opioid Distributors in Washington State (the "Allocation Agreement") governs the distribution
of funds obtained from AmerisourceBergen Corporation, Cardinal Health, Inc., and McKesson
Corporation (the "Settling Distributors") in connection with its resolution of any and all claims
by the State of Washington and the counties, cities, and towns in Washington State ("Local
Governments") against the Settling Distributors (the "Distributors Settlement"). The Distributors
Settlement including any amendments are attached hereto as Exhibit 1.
1. This Allocation Agreement is intended to be a State -Subdivision Agreement as
defined in Section I.VVV of the Global Settlement (the "Global Settlement"),
which is Exhibit H of the Distributors Settlement. This Allocation Agreement
shall be interpreted to be consistent with the requirements of a State -Subdivision
Agreement in the Global Settlement.
2. This Allocation Agreement shall become effective only if all of the following
occur:
A. All Litigating Subdivisions in Washington and 90% of Non -Litigating
Primary Subdivisions in Washington as the terms are used in Section
II.C.1 of the Distributors Settlement must execute and return the
Subdivision Settlement Participation Form, Exhibit F of the Distributors
Settlement (the "Participation Form") by September 23, 2022. This form
is also attached hereto as Exhibit 2.
B. The Consent Judgment and Stipulation of Dismissal with Prejudice,
Exhibit G of the Distributors Settlement, is filed and approved by the
Court.
C. The number of Local Governments that execute and return this Allocation
Agreement satisfies the participation requirements for a State -Subdivision
Agreement as specified in Exhibit 0 of the Global Settlement.
3. Requirements to become a Participating Local Government. To become a
Participating Local Government that can participate in this Allocation Agreement,
a Local Government must do all of the following:
A. The Local Government must execute and return this Allocation
Agreement.
B. The Local Government must release their claims against the Settling
Distributors and agree to by bound by the terms of the Distributors
Settlement by timely executing and returning the Participation Form. This
form is attached hereto as Exhibit 2.
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C. Litigating Subdivisions must dismiss the Settling Distributors with
prejudice from their lawsuits. The Litigating Subdivisions are listed on
Exhibit B of the Distributors Settlement.
D. The Local Government must execute and return the One Washington
Memorandum of Understanding Between Washington Municipalities
("MOU") agreed to by the Participating Local Governments in
Washington State, which is attached hereto as Exhibit 3. As specified in
Paragraph 10.A of this Allocation Agreement, the Local Government may
elect in its discretion to execute the MOU for purposes of this Allocation
Agreement only.
A Local Government that meets all of the conditions in this paragraph shall be
deemed a "Participating Local Government." Alternatively, if the requirements of
Paragraphs 2(A), 2(B), and 2(C) of this Allocation Agreement are satisfied and
this Allocation Agreement becomes effective, then all Local Governments that
comply with Paragraph 3(B) of this Allocation Agreement shall be deemed a
"Participating Local Government."
4. This Allocation Agreement applies to the Washington Abatement Amount as
defined in Section IV.A of the Distributors Settlement. The maximum possible
Washington Abatement Amount for the Distributors Settlement is
$430,249,769.02. As specified in the Global Settlement, the Washington
Abatement Amount varies dependent on the percentage of Primary Subdivisions
that choose to become Participating Local Governments and whether there are
any Later Litigating Subdivisions as defined in Section I.EE of the Global
Settlement.
5. This Allocation Agreement does not apply to the Washington Fees and Costs as
defined in Section V of the Distributors Settlement. After satisfying its obligations
to its outside counsel for attorneys' fees and costs, the State estimates that it will
receive approximately $46 million for its own attorneys' fees and costs pursuant
to Section V.B.1 of the Distributors Settlement. The State shall utilize any and all
amounts it receives for its own attorneys' fees and costs pursuant to Section V.B.1
of the Distributors Settlement to provide statewide programs and services for
Opioid Remediation as defined in Section I.SS of the Global Settlement.
6. While this Allocation Agreement does not apply to the Washington Fees and
Costs as defined in Section V of the Distributors Settlement, Section V.B.2 of the
Distributors Settlement estimates that the Settling Distributors shall pay
$10,920,914.70 to Participating Litigating Subdivisions' attorneys for fees and
costs. The actual amount may be greater or less. This Allocation Agreement and
the MOU are a State Back -Stop Agreement. The total contingent fees an attorney
receives from the Contingency Fee Fund pursuant to Section II. D in Exhibit R
the Global Settlement, the MOU, and this Allocation Agreement combined cannot
exceed 15% of the portion of the LG Share paid to the Litigating Local
Government that retained that firm (i.e., if City X filed suit with outside counsel
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on a contingency fee contract and City X receives $1,000,000 from the
Distributors Settlement, then the maximum that the firm can receive is $150,000
for fees.)
7. No portion of the Washington Fees and Costs as defined in Section V of the
Distributors Settlement and/or the State Share as defined in Paragraph 8.A of this
Allocation Agreement shall be used to fund the Government Fee Fund ("GFF")
referred to in Paragraph 10 of this Allocation Agreement and Section D of the
MOU, or in any other way to fund any Participating Local Government's
attorneys' fees, costs, or common benefit tax other than the aforementioned
payment by the Settling Distributors to Participating Litigating Subdivisions'
attorneys for fees and costs in Section V.B.2 of the Distributors Settlement.
8. The Washington Abatement Amount shall and must be used by the State and
Participating Local Governments for Opioid Remediation as defined in Section
I.SS of the Global Settlement, except as allowed by Section V of the Global
Settlement. Exhibit 4 is a non -exhaustive list of expenditures that qualify as
Opioid Remediation. Further, the Washington Abatement Amount shall and must
be used by the State and Participating Local Governments as provided for in the
Distributors Settlement.
9. The State and the Participating Local Governments agree to divide the
Washington Abatement Amount as follows:
A. Fifty percent (50%) to the State of Washington ("State Share").
B. Fifty percent (50%) to the Participating Local Governments ("LG Share").
10. The LG Share shall be distributed pursuant to the MOU attached hereto as Exhibit
3 as amended and modified in this Allocation Agreement.
11. For purposes of this Allocation Agreement only, the MOU is modified as follows
and any contrary provisions in the MOU are struck:
A. The MOU is amended to add new Section E.6, which provides as follows:
A Local Government may elect in its discretion to execute the
MOU for purposes of this Allocation Agreement only. If a Local
Governments executes the MOU for purposes of this Allocation
Agreement only, then the MOU will only bind such Local
Government and be effective with respect to this Allocation
Agreement and the Distributors Settlement, and not any other
Settlement as that term is defined in Section A.14 of the MOU. To
execute the MOU for purposes of this Allocation Agreement only,
the Local Government may either (a) check the applicable box on
its signature page of this Allocation Agreement that is returned or
(b) add language below its signature lines in the MOU that is
returned indicating that the Local Government is executing or has
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executed the MOU only for purposes of the Allocation Agreement
Governing the Allocation of Funds Paid by the Settling Opioid
Distributors in Washington State.
B. Exhibit A of the MOU is replaced by Exhibit E of the Global Settlement,
which is attached as Exhibit 4 to this Agreement.
C. The definition of "Litigating Local Governments" in Section A.4 of the
MOU shall mean Local Governments that filed suit against one or more of
the Settling Defendants prior to May 3, 2022. The Litigating Local
Governments are listed on Exhibit B of the Distributors Settlement, and
are referred to as Litigating Subdivisions in the Distributors Settlement.
D. The definition of "National Settlement Agreement" in Section A.6 of the
MOU shall mean the Global Settlement.
E. The definition of "Settlement" in Section A.14 of the MOU shall mean the
Distributors Settlement.
F. The MOU is amended to add new Section C.4.g.vii, which provides as
follows:
"If a Participating Local Government receiving a direct payment
(a) uses Opioid Funds other than as provided for in the Distributors
Settlement, (b) does not comply with conditions for receiving
direct payments under the MOU, or (c) does not promptly submit
necessary reporting and compliance information to its Regional
Opioid Abatement Counsel ("Regional OAC") as defined at
Section C.4.h of the MOU, then the Regional OAC may suspend
direct payments to the Participating Local Government after
notice, an opportunity to cure, and sufficient due process. If direct
payments to Participating Local Government are suspended, the
payments shall be treated as if the Participating Local Government
is foregoing their allocation of Opioid Funds pursuant to Section
C.4.d and C.4.j.iii of the MOU. In the event of a suspension, the
Regional OAC shall give prompt notice to the suspended
Participating Local Government and the Settlement Fund
Administrator specifying the reasons for the suspension, the
process for reinstatement, the factors that will be considered for
reinstatement, and the due process that will be provided. A
suspended Participating Local Government may apply to the
Regional OAC to be reinstated for direct payments no earlier than
five years after the suspension."
G. Consistent with how attorney fee funds for outside counsel for
Participating Local Subdivisions are being administered in most states
across the country, the Government Fee Fund ("GFF") set forth in the
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MOU shall be overseen by the MDL Fee Panel (David R. Cohen, Randi S.
Ellis and Hon. David R. Herndon (ret.)). The Fee Panel will preside over
allocation and disbursement of attorney's fees in a manner consistent with
the Motion to Appoint the Fee Panel to Allocate and Disburse Attorney s
Fees Provided for in State Back -Stop Agreements and the Order
Appointing the Fee Panel to Allocate and Disburse Attorney's Fees
Provided for in State Back -Stop Agreements, Case No. 1:17-md-02804-
DAP Doc #: 4543 (June 17, 2022).
H. The GFF set forth in the MOU shall be funded by the LG Share of the
Washington Abatement Amount only. To the extent the common benefit
tax is not already payable by the Settling Distributors as contemplated by
Section D.8 of the MOU, the GFF shall be used to pay Litigating Local
Government contingency fee agreements and any common benefit tax
referred to in Section D of the MOU, which shall be paid on a pro rata
basis to eligible law firms as determined by the Fee Panel.
To fund the GFF, fifteen percent (15%) of the LG Share shall be deposited
in the GFF from each LG Share settlement payment until the Litigating
Subdivisions contingency fee agreements and common benefit tax (if any)
referred to in Section D of the MOU are satisfied. Under no circumstances
will any Non -Litigating Primary Subdivision_or Litigating Local
Government be required to contribute to the GFF more than 15% of the
portion of the LG Share allocated to such Non -Litigating Primary
Subdivision or Litigating Local Government. In addition, under no
circumstances will any portion of the LG Share allocated to a Litigating
Local Government be used to pay the contingency fees or litigation
expenses of counsel for some other Litigating Local Government.
J. The maximum amount of any Litigating Local Government contingency
fee agreement (from the Contingency Fee Fund pursuant to Section II. D
in Exhibit R the Global Settlement) payable to a law firm permitted for
compensation shall be fifteen percent (15%) of the portion of the LG
Share paid to the Litigating Local Government that retained that firm (i.e.,
if City X filed suit with outside counsel on a contingency fee contract and
City X receives $1,000,000 from the Distributors Settlement, then the
maximum that the firm can receive is $150,000 for fees.) The firms also
shall be paid documented expenses due under their contingency fee
agreements that have been paid by the law firm attributable to that
Litigating Local Government. Consistent with the Distributors Settlement
and Exhibit R of the Global Settlement, amounts due to Participating
Litigating Subdivisions' attorneys under this Allocation Agreement shall
not impact (i) costs paid by the subdivisions to their attorneys pursuant to
a State Back -Stop agreement, (ii) fees paid to subdivision attorneys from
the Common Benefit Fund for common benefit work performed by the
attorneys pursuant to Section II.0 of Exhibit R of the Global Settlement,
or (iii) costs paid to subdivision attorneys from the MDL Expense Fund
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for expenses incurred by the attorneys pursuant to Section ILE of the
Global Settlement.
K. Under no circumstances may counsel receive more for its work on behalf
of a Litigating Local Government than it would under its contingency
agreement with that Litigating Local Government. To the extent a law
firm was retained by a Litigating Local Government on a contingency fee
agreement that provides for compensation at a rate that is less than fifteen
percent (15%) of that Litigating Local Government's recovery, the
maximum amount payable to that law firm referred to in Section D.3 of
the MOU shall be the percentage set forth in that contingency fee
agreement.
L. For the avoidance of doubt, both payments from the GFF and the payment
to the Participating Litigating Local Governments' attorneys for fees and
costs referred to in Paragraph 6 of this Allocation Agreement and Section
V.B.2 Distributors Settlement shall be included when calculating whether
the aforementioned fifteen percent (15%) maximum percentage (or less if
the provisions of Paragraph 10.K of this Allocation Agreement apply) of
any Litigating Local Government contingency fee agreement referred to
above has been met.
M. To the extent there are any excess funds in the GFF, the Fee Panel and the
Settlement Administrator shall facilitate the return of those funds to the
Participating Local Governments as provided for in Section D.6 of the
MOU.
12. In connection with the execution and administration of this Allocation
Agreement, the State and the Participating Local Governments agree to abide by
the Public Records Act, RCW 42.56 eq seq.
13. All Participating Local Governments, Regional OACs, and the State shall
maintain all non -transitory records related to this Allocation Agreement as well as
the receipt and expenditure of the funds from the Distributors Settlement for no
less than five (5) years.
14. If any party to this Allocation Agreement believes that a Participating Local
Government, Regional OAC, the State, an entity, or individual involved in the
receipt, distribution, or administration of the funds from the Distributors
Settlement has violated any applicable ethics codes or rules, a complaint shall be
lodged with the appropriate forum for handling such matters, with a copy of the
complaint promptly sent to the Washington Attorney General, Complex Litigation
Division, Division Chief, 800 Fifth Avenue, Suite 2000, Seattle, Washington
98104.
15. To the extent (i) a region utilizes a pre-existing regional body to establish its
Opioid Abatement Council pursuant to the Section 4.h of the MOU, and (ii) that
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pre-existing regional body is subject to the requirements of the Community
Behavioral Health Services Act, RCW 71.24 et seq., the State and the
Participating Local Governments agree that the Opioid Funds paid by the Settling
Distributors are subject to the requirements of the MOU and this Allocation
Agreement.
16. Upon request by the Settling Distributors, the Participating Local Governments
must comply with the Tax Cooperation and Reporting provisions of the
Distributors Settlement and the Global Settlement.
17. Venue for any legal action related to this Allocation Agreement (separate and
apart from the MOU, the Distributors Settlement, or the Global Settlement) shall
be in King County, Washington.
18. Each party represents that all procedures necessary to authorize such party's
execution of this Allocation Agreement have been performed and that such person
signing for such party has been authorized to execute this Allocation Agreement.
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FOR THE STATE OF WASHINGTON:
ROBERT W. FERGUSON
Attorney General
JEFFREY G. RUPERT
Division Chief
Date:
138
FOR THE PARTICIPATING LOCAL GOVERNMENT:
Name of Participating Local Government:
Authorized signature:
Name:
Title:
Date:
A Local Government may elect in its discretion to execute the MOU for purposes of this
Allocation Agreement only by checking this box (see Paragraph 10.A of this Allocation
Agreement):
❑ Local Government is executing the MOU in the form attached hereto as Exhibit 3, but
which is further amended and modified as set forth in this Allocation Agreement, only for
purposes of this Allocation Agreement.
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EXHIBIT 1
Distributors Settlement
141
DISTRIBUTORS WASHINGTON
SETTLEMENT AGREEMENT
142
Table of Contents
I. Overview 1
II. Conditions to Effectiveness of Agreement 1
III. Participation by Subdivisions 3
IV. Settlement Payments 3
V. Plaintiffs' Attorneys' Fees and Costs 4
VI. Release 6
VII. Miscellaneous 6
Exhibit A Primary Subdivisions A-1
Exhibit B Litigating Subdivisions B-1
Exhibit C ABC IRS Form 1098-F C-1
Exhibit D Cardinal Health IRS Form 1098-F D-1
Exhibit E McKesson IRS Form 1098-F E-1
Exhibit F Subdivision Settlement Participation Form F-1
Exhibit G Consent Judgment and Stipulation of Dismissal with Prejudice G-1
Exhibit H Distributor Global Settlement Agreement H-1
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DISTRIBUTORS — WASHINGTON SETTLEMENT AGREEMENT
I. Overview
This Distributors Washington Settlement Agreement ("Agreement") sets forth the terms
and conditions of a settlement agreement between and among the State of Washington,
McKesson Corporation ("McKesson"), Cardinal Health, Inc. ("Cardinal") and
AmerisourceBergen Corporation ("Amerisource") (collectively, the "Agreement Parties") to
resolve opioid -related Claims against McKesson, Cardinal, and/or Amerisource (collectively,
"Settling Distributors").
By entering into this Agreement, the State of Washington and its Participating
Subdivisions agree to be bound by all terms and conditions of the Distributor Global Settlement
Agreement dated July 21, 2021 (including its exhibits) ("Global Settlement"), which (including
its exhibits) is incorporated into this Agreement as Exhibit H.1 By entering this Agreement, and
upon execution of an Agreement Regarding the State of Washington and the Distributor Global
Settlement Agreement ("Enforcement Committee Agreement"), unless otherwise set forth in this
Agreement, the Settling Distributors agree to treat the State of Washington for all purposes as if
it were a Settling State under the Global Settlement and its Participating Subdivisions for all
purposes as if they were Participating Subdivisions under the Global Settlement. Unless stated
otherwise in this Agreement, the terms of this Agreement are intended to be consistent with the
terms of the Global Settlement and shall be construed accordingly. Unless otherwise defined in
this Agreement, all capitalized terms in this Agreement shall be defined as they are in the Global
Settlement.
The Settling Distributors have agreed to the below terms for the sole purpose of
settlement, and nothing herein, including in any exhibit to this Agreement, may be taken as or
construed to be an admission or concession of any violation of law, rule, or regulation, or of any
other matter of fact or law, or of any liability or wrongdoing, or any misfeasance, nonfeasance,
or malfeasance, all of which the Settling Distributors expressly deny. No part of this Agreement,
including its statements and commitments, and its exhibits, shall constitute or be used as
evidence of any liability, fault, or wrongdoing by the Settling Distributors. Unless the contrary is
expressly stated, this Agreement is not intended for use by any third party for any purpose,
including submission to any court for any purpose.
II. Conditions to Effectiveness of Agreement
A. Global Settlement Conditions to Effectiveness.
1. The Agreement Parties acknowledge that certain deadlines set forth in
Section VIII of the Global Settlement passed before the execution of this Agreement. For
1 The version of the Global Settlement as updated on March 25, 2022 is attached to this
Agreement as Exhibit H. Further updates to the Global Settlement shall be deemed incorporated
into this Agreement and shall supersede all earlier versions of the updated provisions.
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that reason, (i) Settling Distributors agree to treat the State of Washington as satisfying the
deadlines set forth in Section VIII of the Global Settlement provided that the State of
Washington satisfies its obligations set forth in this Section II and (ii) the State of
Washington agrees to treat Settling Distributors as having satisfied all notice obligations
under Section VIII.B of the Global Settlement as to the State of Washington.
2. The State of Washington shall deliver all signatures and releases required
by the Agreement to be provided by the Settling States to the Settling Distributors by
September 30, 2022. This Section II.A.2 supersedes the deadline for delivering those
signatures and releases set forth in Section VIII.A.1 of the Global Settlement.
B. Agreement with Enforcement Committee. This Agreement shall not become
effective unless the Enforcement Committee and the Settling Distributors execute the Enforcement
Committee Agreement. If the Enforcement Committee Agreement is not executed by June 1, 2022,
the State of Washington and Settling Distributors will promptly negotiate an agreement that mirrors
the Global Settlement to the extent possible and with a credit of $1,000,000 to Settling Distributors
to account for possible credits the Settling Distributors would have received under Section V of this
Agreement from the State Cost Fund and the Litigating Subdivision Cost Fund of the Global
Settlement and to be deducted from the Year 7 payment described in Section V.B.1 and Section
V.C.g of this Agreement.
C. Participation by Subdivisions. If the condition in Section II.B has been satisfied,
this Agreement shall become effective upon one of the following conditions being satisfied:
1. All Litigating Subdivisions in the State of Washington and ninety percent
(90%) of Non -Litigating Primary Subdivisions (calculated by population pursuant to the
Global Settlement) in the State of Washington must become Participating Subdivisions by
September 23, 2022.
2. If the condition set forth in Section II.C.1 is not met, the Settling
Distributors shall have sole discretion to accept the terms of this Agreement, which shall
become effective upon notice provided by the Settling Distributors to the State of
Washington. If the condition set forth by Section II.C.1 is not met and Settling Distributors
do not exercise discretion to accept this Agreement, this Agreement will have no further
effect and all releases and other commitments or obligations contained herein will be void.
D. Dismissal of Claims. Provided that the conditions in Sections II.B and II.0 have
been satisfied, the State of Washington shall file the Consent Judgment described in Section I.N of
the Global Settlement and attached hereto as Exhibit G ("Washington Consent Judgment") with the
King County Superior Court ("Washington Consent Judgment Court") on or before November 1,
2022. This Section II.C.2 supersedes the deadline for submitting a Consent Judgment set forth in
Section VIII.B of the Global Settlement. In the event that the Court declines to enter the
Washington Consent Judgment, each Settling Distributor shall be entitled to terminate the
Agreement as to itself and shall be excused from all obligations under the Agreement, and if a
Settling Distributor terminates the Agreement as to itself, all releases and other commitments or
obligations contained herein with respect to that Settling Distributor will be null and void. The date
of the entry of the Washington Consent Judgment shall be the effective date of this Agreement
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("Washington Effective Date"). Within the later of forty-five (45) days after the Washington
Effective Date or December 31, 2022, each Settling Distributor will certify to the State that all
medical claims data provided to it during the litigation (including Medicaid, PMP, LNI claims, and
PEBB data) has been destroyed by the party and its agents, including all retained experts.
III. Participation by Subdivisions
A. Notice. The Office of the State of Washington Attorney General in consultation
with the Settling Distributors shall send individual notice of the opportunity to participate in this
Agreement and the requirements for participation to all Subdivisions eligible to participate who
have not returned an executed Subdivision Settlement Participation Form within fifteen (15) days of
the execution of this Agreement. The Office of the State of Washington Attorney General may also
provide general notice reasonably calculated to alert Subdivisions, including publication and other
standard forms of notification. Nothing contained herein shall preclude the State of Washington
from providing further notice to, or from contacting any of its Subdivision(s) about, becoming a
Participating Subdivision.
B. Trigger Date for Later Litigating Subdivisions. Notwithstanding Sections I.EE and
I.GGGG of the Global Settlement, as to the State of Washington, Settling Distributors and the State
of Washington agree to treat the Trigger Date for Primary Subdivisions as September 23, 2022 and
the Trigger Date for all other Subdivisions as May 3, 2022.
C. Initial and Later Participating Subdivisions. Notwithstanding Sections I.BB, I.CC,
I.FF and Section VII.D and E of the Global Settlement, any Participating Subdivision in
Washington that meets the applicable requirements for becoming a Participating Subdivision set
forth in Section VII.B or Section VII.0 of the Global Settlement on or before September 23, 2022
shall be considered an Initial Participating Subdivision. Participating Subdivisions that are not
Initial Participating Subdivisions but meet the applicable requirements for becoming Participating
Subdivisions set forth in Section VII.B or Section VII.0 of the Global Settlement after September
23, 2022 shall be considered Later Participating Subdivisions.
D. Subdivision Settlement Participation Forms. Each Subdivision Settlement
Participation Form submitted by a Participating Subdivision from the State of Washington shall be
materially identical to Exhibit F to this Agreement. Nothing in Exhibit F is intended to modify in
any way either the terms of this Agreement or the terms of the Global Settlement, both of which the
State of Washington and Participating Subdivisions agree to be bound. To the extent that any
Subdivision Settlement Participation Form submitted by any Participating Subdivision is worded
differently from Exhibit F to this Agreement or interpreted differently from the Global Agreement
and this Agreement in any respect, the Global Agreement and this Agreement control.
IV. Settlement Payments
A. Schedule. Annual Payments under this Agreement shall be calculated as if the
State of Washington were a Settling State under the Global Settlement and shall be made pursuant
to the terms of Section IV of the Global Settlement except that, as to the State of Washington, the
Payment Date for Payment Year 1 shall be December 1, 2022 and the Payment Date for Payment
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Year 2 shall be December 1, 2022. For the avoidance of doubt, the sole component of the State of
Washington's Annual Payment is the portion of the Net Abatement Amount allocated to the State
of Washington under the Global Settlement ("Washington Abatement Amount"). The maximum
possible Washington Abatement Amount is $430,249,769.02.
B. Use of Payment. The Washington Abatement Amount paid under this Agreement
shall be used as provided for in Section V of the Global Settlement.
C. Nature of Payment. The State of Washington and its Participating Subdivisions
agree that payments made to the State of Washington and its Participating Subdivisions under this
Agreement are properly characterized as described in Section V.F of the Global Settlement.
V. Plaintiffs' Attorneys' Fees and Costs
A. Interaction with Global Settlement. Notwithstanding any contrary provision in the
Global Settlement, payments to cover attorneys' fees and costs under this Agreement ("Washington
Fees and Costs") shall be made pursuant to this Section V.
B. Amounts. The total amount to cover of all Washington Fees and Costs is
$87,750,230.98. That total consists of the categories of attorneys' fees and costs set forth in this
Section V.B and shall be paid on the schedule set forth in Section V.C.
1. State Outside and Inside Counsel Fees and Costs. Settling Distributors shall
pay $76,829,316.21 to cover in-house fees and costs and outside counsel fees and costs to
the Washington Attorney General's Office, which shall be used for any lawful purpose in
the discharge of the Attorney General's duties at the sole discretion of the Attorney General.
The amount shall be paid in increments as specified in Section V.0 (Payment Year 1 — 20%,
Payment Year 2 — 20%, Payment Year 3 — 15%, Payment Year 4 — 15%, Payment Year 5 —
15%, Payment Year 6 — 10%, Payment Year 7— 5%.)
2. Fees and Costs for Participating Litigating Subdivisions' Attorneys.
Settling Distributors shall pay $10,920,914.70 to Participating Litigating Subdivisions'
attorneys for fees and costs into a single account as directed by the Washington Attorney
General's Office, which then shall be paid as agreed between the State of Washington and
attorneys for Participating Litigating Subdivisions. Participating Litigating Subdivisions'
attorneys shall be paid in accordance with the schedule in Section V.0 and V.D.5 of this
Agreement.
C. Schedule. Washington Fees and Costs shall be paid according to the following
schedule:
a. Payment Year 1: Twenty percent (20%) of the total Washington
Fees and Costs amount ($17,550,046.20), to be paid on or before December 1,
2022.
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b. Payment Year 2: Twenty percent (20%) of the total Washington
Fees and Costs amount ($17,550,046.20), to be paid on or before December 1,
2022.
c. Payment Year 3: Fifteen percent (15%) of the total Washington
Fees and Costs amount ($13,162,534.65), to be paid on or before July 15, 2023.
d. Payment Year 4: Fifteen percent (15%) of the total Washington
Fees and Costs amount ($13,162,534.65), to be paid on or before July 15, 2024.
e. Payment Year 5: Fifteen percent (15%) of the total Washington
Fees and Costs amount ($13,162,534.65), to be paid on or before July 15, 2025.
f. Payment Year 6: Ten percent (10%) of the total Washington Fees
and Costs amount ($8,775,023.10), to be paid on or before July 15, 2026.
g. Payment Year 7: Five percent (5%) of the total Washington Fees
and Costs amount ($4,387,511.55), to be paid on or before July 15, 2027.
D. Remittance. So that Settling Distributors do not pay the same fees and costs under
both the Global Settlement and this Agreement, Washington and its Participating Litigating
Subdivisions and their respective counsel shall do as follows:
1. Participating Litigating Subdivisions in Washington and their counsel shall
apply to the Attorney Fee Fund and the Litigating Subdivision Cost Fund created pursuant
to Exhibit R of the Global Settlement for all fees, costs and expenses for which they may be
eligible and shall instruct the Fee Panel and the Cost and Expense Fund Administrator to
remit to Settling Distributors the full amount awarded to such Participating Litigating
Subdivision, with each Settling Distributor receiving the percentage of that amount
corresponding to the allocation set forth in Section IV.I of the Global Settlement.
2. Counsel for Participating Subdivisions shall instruct the Fee Panel created
by the MDL Court pursuant to Exhibit R of the Global Settlement to remit to Settling
Distributors the Contingency Fee Amount for their Participating Subdivisions in the State of
Washington, with each Settling Distributor receiving the percentage of that amount
corresponding to the allocation set forth in Section IV.I of the Global Settlement.
3. The State of Washington shall instruct the Fee Fund Administrator selected
pursuant to Exhibit S of the Global Settlement that the Settling Distributors shall not pay the
Fixed Amount for the State of Washington, and the State of Washington will not be eligible
to receive funds from the State Outside Counsel Fee Fund under the Global Settlement.
4. The State of Washington shall submit documented costs, as provided for in
Exhibit T of the Global Settlement, to the Global Settlement State Cost Fund created
pursuant to Exhibit T of the Global Settlement for all costs and expenses for which it may
be eligible and shall instruct the State Cost Fund Administrator to remit to Settling
Distributors the full amount awarded to the State of Washington, with each Settling
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Distributor receiving the percentage of that amount corresponding to the allocation set forth
in Section IV.I of the Global Settlement.
5. No Participating Litigating Subdivision shall receive any payment due
under this Agreement, including but not limited to the portion of the Washington Abatement
Amount allocable to the Participating Subdivision, until it and/or its outside counsel, as
applicable, fulfill their obligations under Sections V.D. 1-2.
VI. Release
A. Scope. As of the Washington Effective Date, Section XI of the Global Settlement
is fully binding on, and effective with respect to, all Releasors under this Agreement. Accordingly,
as of the Washington Effective Date, the Released Entities are hereby released and forever
discharged from all Released Claims of Releasors, including the State of Washington and its
Participating Subdivisions.
VII. Miscellaneous
A. No Admission. The Settling Distributors do not admit liability, fault, or
wrongdoing. Neither this Agreement nor the Washington Consent Judgment shall be considered,
construed or represented to be (1) an admission, concession or evidence of liability or wrongdoing
or (2) a waiver or any limitation of any defense otherwise available to the Settling Distributors. It is
the understanding and intent of the Agreement Parties that no portion of the Agreement shall be
entered into evidence in any other action against the Settling Distributors, among other reasons,
because it is not relevant to such action. For the avoidance of any doubt, nothing herein shall
prohibit a Settling Distributor from entering this Agreement into evidence in any litigation or
arbitration concerning a Settling Distributor's right to coverage under an insurance contract.
B. Tax Cooperation and Reporting. The State of Washington and its Participating
Subdivisions will be bound by Section V.F and Section XIV.F of the Global Settlement, except
(i) as set forth in the final sentence of this Section VII.B and (ii) that the State of Washington shall
be its own Designated State and shall designate its own "appropriate official" within the meaning of
Treasury Regulations Section 1.6050X-1(f)(1)(ii)(B) (the "Appropriate Official"). The IRS Forms
1098-F to be filed with respect to this Agreement are attached as Exhibit C, Exhibit D, and Exhibit
E. The State of Washington and its Participating Subdivisions agree that any return, amended
return, or written statement filed or provided pursuant to Section XIV.F.4 of the Global Settlement
with respect to this Agreement, and any similar document, shall be prepared and filed in a manner
consistent with reporting each Settling Distributor's portion of the aggregate amount of payments
paid or incurred by the Settling Distributors hereunder as the "Total amount to be paid" pursuant to
this Agreement in Box 1 of IRS Form 1098-F, each Settling Distributor's portion of the amount
equal to the aggregate amount of payments paid or incurred by the Settling Distributors hereunder
less the Compensatory Restitution Amount as the "Amount to be paid for violation or potential
violation" in Box 2 of IRS Form 1098-F and each Settling Distributor's portion of the
Compensatory Restitution Amount as "Restitution/remediation amount" in Box 3 of IRS Form
1098-F, as reflected in Exhibit C, Exhibit D, and Exhibit E.
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149
C. No Third -Party Beneficiaries. Except as expressly provided in this Agreement, no
portion of this Agreement shall provide any rights to, or be enforceable by, any person or entity that
is not the State of Washington or a Released Entity. The State of Washington may not assign or
otherwise convey any right to enforce any provision of this Agreement.
D. Cooperation. Each Agreement Party and each Participating Subdivision agrees to
use its best efforts and to cooperate with the other Agreement Parties and Participating Subdivisions
to cause this Agreement to become effective, to obtain all necessary approvals, consents and
authorizations, if any, and to execute all documents and to take such other action as may be
appropriate in connection herewith. Consistent with the foregoing, each Agreement Party and each
Participating Subdivision agrees that it will not directly or indirectly assist or encourage any
challenge to this Agreement or the Washington Consent Judgment by any other person, and will
support the integrity and enforcement of the terms of this Agreement and the Washington Consent
Judgment.
E. Enforcement. All disputes between Settling Distributors and the State of
Washington and/or the Participating Subdivisions in the State of Washington shall be handled as
specified in Section VI of the Global Settlement, including the referral of relevant disputes to the
National Arbitration Panel.
F. No Violations of Applicable Law. Nothing in this Agreement shall be construed to
authorize or require any action by Settling Distributors in violation of applicable federal, state, or
other laws.
G. Modification. This Agreement may be modified by a written agreement of the
Agreement Parties. For purposes of modifying this Agreement or the Washington Consent
Judgment, Settling Distributors may contact the Washington Attorney General for purposes of
coordinating this process. The dates and deadlines in this Agreement may be extended by written
agreement of the Agreement Parties, which consent shall not be unreasonably withheld.
H. No Waiver. Any failure by any Agreement Party to insist upon the strict
performance by any other party of any of the provisions of this Agreement shall not be deemed a
waiver of any of the provisions of this Agreement, and such party, notwithstanding such failure,
shall have the right thereafter to insist upon the specific performance of any and all of the
provisions of this Agreement.
I. Entire Agreement. This Agreement, including the Global Settlement (and its
exhibits), represents the full and complete terms of the settlement entered into by the Agreement
Parties, except as provided herein. In any action undertaken by the Agreement Parties, no prior
versions of this Agreement and no prior versions of any of its terms may be introduced for any
purpose whatsoever.
J. Counterparts. This Agreement may be executed in counterparts, and a facsimile or
.pdf signature shall be deemed to be, and shall have the same force and effect as, an original
signature.
K. Notice. All notices or other communications under this Agreement shall be
provided to the following via email and overnight delivery to:
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150
Copy to AmerisourceBergen Corporation's attorneys at:
Michael T. Reynolds
Cravath, Swaine & Moore LLP
825 8th Avenue
New York, NY 10019
mreynolds@cravath.com
Copy to Cardinal Health, Inc. 's attorneys at:
Elaine Golin
Wachtell, Lipton, Rosen & Katz
51 West 52nd Street
New York, NY 10019
epgolin@wlrk.com
Copy to McKesson Corporation's attorneys at:
Thomas J. Perrelli
Jenner & Block LLP
1099 New York Avenue, NW, Suite 900
Washington, DC 20001-4412
TPerrelli@jenner.com
Copy to the State of Washington at:
Shane Esquibel
Jeffrey Rupert
Laura Clinton
Washington Attorney General's Office
1125 Washington Street SE
PO Box 40100
Olympia, WA 98504-0100
Shane.Esquibel@atg.wa.gov
Jeffrey.Rupert@atg.wa.gov
Laura.Clinton@atg.wa.gov
[Signatures begin on next page.]
8
151
Authorized and agreed to by:
Dated:
152
ROBERT W. FERGUSON
Attorney General, State . ngton
By.
Name: JEF RUPERT
Title: Division Chief
9
Authorized and agreed to by:
Dated: May 2, 2022
AMERISOURCEBERGEN CORPORATION
e 6
By:
Elizabeth Campbell
Executive Vice President and Chief Legal Officer
153
Authorized and agreed to by:
Dated: 04/29/2022 CARDINAL HEALTH, INC.
By:
Name: Jessica Mayer
Title: Chief Legal and Compliance Officer
154
Authorized and agreed to by:
Dated: 45124 ZZ
MCKESSON CORPORATION
By:
Name: SC rat il-JOV C- Ora U
Title: Urcioesrak Se of
155
Exhibit A
Primary Subdivisions2
No. Subdivision Name
1. Aberdeen city
2. Adams County
3. Anacortes City
4. Arlington City
5. Asotin County
6. Auburn City*
7. Bainbridge Island City
8. Battle Ground City
9. Bellevue City*
10. Bellingham City*
11. Benton County*
12. Bonney Lake City
13. Bothell City*
14. Bremerton City*
15. Burien City*
16. Camas City
17. Centralia City
18. Chelan County*
19. Cheney City
20. Clallam County*
21. Clark County*
22. Covington City
23. Cowlitz County*
24. Des Moines City*
25. Douglas County*
26. East Wenatchee City
27. Edgewood City
28. Edmonds City*
29. Ellensburg City
30. Enumclaw City
31. Everett City*
32. Federal Way City*
33. Ferndale City
34. Fife City
35. Franklin County*
36. Gig Harbor City
37. Grandview City
38. Grant County*
2 Entities denoted with an asterisk (*) indicate a population of greater than 30,000 for purposes of the definition of
Primary Subdivision as it relates to Incentive Payment C.
A-1
156
39. Grays Harbor County*
40. Island County*
41. Issaquah City*
42. Jefferson County*
43. Kelso City
44. Kenmore City
45. Kennewick City*
46. Kent City*
47. King County*
48. Kirkland City*
49. Kitsap County*
50. Kittitas County*
51. Klickitat County
52. Lacey City*
53. Lake Forest Park City
54. Lake Stevens City*
55. Lakewood City*
56. Lewis County*
57. Liberty Lake City
58. Lincoln County
59. Longview City*
60. Lynden City
61. Lynnwood City*
62. Maple Valley City
63. Marysville City*
64. Mason County*
65. Mercer Island City
66. Mill Creek City
67. Monroe City
68. Moses Lake City
69. Mount Vernon City*
70. Mountlake Terrace City
71. Mukilteo City
72. Newcastle City
73. Oak Harbor City
74. Okanogan County*
75. Olympia City*
76. Pacific County
77. Pasco City*
78. Pend Oreille County
79. Pierce County*
80. Port Angeles City
81. Port Orchard City
82. Poulsbo City
83. Pullman City*
84. Puyallup City*
A-2
157
85. Redmond City*
86. Renton City*
87. Richland City*
88. Sammamish City*
89. San Juan County
90. Seatac City
91. Seattle City*
92. Sedro-Woolley City
93. Shelton City
94. Shoreline City*
95. Skagit County*
96. Skamania County
97. Snohomish City
98. Snohomish County*
99. Snoqualmie City
100. Spokane City*
101. Spokane County*
102. Spokane Valley City*
103. Stevens County*
104. Sumner City
105. Sunnyside City
106. Tacoma City*
107. Thurston County*
108. Tukwila City
109. Tumwater City
110. University Place City*
111. Vancouver City*
112. Walla Walla City*
113. Walla Walla County*
114. Washougal City
115. Wenatchee City*
116. West Richland City
117. Whatcom County*
118. Whitman County*
119. Woodinville City
120. Yakima City*
121. Yakima County*
158
Exhibit B
Litigating Subdivisions
No. Subdivision Name
1. Anacortes City
2. Bainbridge Island City
3. Burlington City
4. Chelan County
5. Clallam County
6. Clark County
7. Everett City
8. Franklin County
9. Island County
10. Jefferson County
11. Kent City
12. King County
13. Kirkland City
14. Kitsap County
15. Kittitas County
16. La Conner School District
17. Lakewood City
18. Lewis County
19. Lincoln County
20. Mount Vernon City
21. Mount Vernon School District
22. Olympia City
23. Pierce County
24. San Juan County
25. Seattle City
26. Sedro-Woolley City
27. Sedro-Woolley School District
28. Skagit County
29. Snohomish County
30. Spokane City
31. Spokane County
32. Tacoma City
33. Thurston County
34. Vancouver City
35. Walla Walla County
36. Whatcom County
37. Whitman County
B-1
159
Exhibit C
ABC IRS Form 1098-F
This Exhibit C will be appended to the Agreement prior to the Effective Date pursuant to Section
VII.B.
C-1
160
Exhibit D
Cardinal Health IRS Form 1098-F
This Exhibit D will be appended to the Agreement prior to the Effective Date pursuant to Section
VII.B.
D-1
161
Exhibit E
McKesson IRS Form 1098-F
This Exhibit E will be appended to the Agreement prior to the Effective Date pursuant to Section
VII.B.
E- 1
162
Exhibit F
Subdivision Settlement Participation Form
Governmental Entity:
State:
Authorized Official:
Address 1:
Address 2:
City, State, Zip:
Phone:
Email:
The governmental entity identified above ("Governmental Entity"), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated May 2, 2022 ("Distributors Washington Settlement"), and acting through the
undersigned authorized official, hereby elects to participate in the Distributors Washington
Settlement, release all Released Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Distributors Washington
Settlement, including the Distributor Global Settlement Agreement dated July 21, 2021
("Global Settlement") attached to the Distributors Washington Settlement as Exhibit H,
understands that all terms in this Participation Form have the meanings defined therein,
and agrees that by signing this Participation Form, the Governmental Entity elects to
participate in the Distributors Washington Settlement and become a Participating
Subdivision as provided therein.
2. The Governmental Entity shall, within 14 days of October 1, 2022 and prior to the filing
of the Consent Judgment, secure the dismissal with prejudice of any Released Claims that
it has filed.
4. The Governmental Entity agrees to the terms of the Distributors Washington Settlement
pertaining to Subdivisions as defined therein.
5. By agreeing to the terms of the Distributors Washington Settlement and becoming a
Releasor, the Governmental Entity is entitled to the benefits provided therein, including,
if applicable, monetary payments beginning after December 1, 2022.
6. The Governmental Entity agrees to use any monies it receives through the Distributors
Washington Settlement solely for the purposes provided therein.
7. The Governmental Entity submits to the jurisdiction of the Washington Consent
Judgment Court for purposes limited to that court's role as provided in, and for resolving
disputes to the extent provided in, the Distributors Washington Settlement. The
Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as
provided in, and for resolving disputes to the extent otherwise provided in the
Distributors Washington Settlement.
F-1
163
8. The Governmental Entity has the right to enforce the Distributors Washington Settlement
as provided therein.
9. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Distributors Washington Settlement, including, but not limited to, all
provisions of Section XI of the Global Settlement, and along with all departments,
agencies, divisions, boards, commissions, districts, instrumentalities of any kind and
attorneys, and any person in their official capacity elected or appointed to serve any of
the foregoing and any agency, person, or other entity claiming by or through any of the
foregoing, and any other entity identified in the definition of Releasor, provides for a
release to the fullest extent of its authority. As a Releasor, the Governmental Entity
hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim,
or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to
establish liability for any Released Claims against any Released Entity in any forum
whatsoever. The releases provided for in the Distributors Washington Settlement are
intended by the Agreement Parties to be broad and shall be interpreted so as to give the
Released Entities the broadest possible bar against any liability relating in any way to
Released Claims and extend to the full extent of the power of the Governmental Entity to
release claims. The Distributors Washington Settlement shall be a complete bar to any
Released Claim.
10. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Distributors Washington Settlement.
11. In connection with the releases provided for in the Distributors Washington Settlement,
each Governmental Entity expressly waives, releases, and forever discharges any and all
provisions, rights, and benefits conferred by any law of any state or territory of the
United States or other jurisdiction, or principle of common law, which is similar,
comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that
the creditor or releasing party does not know or suspect to exist in his or
her favor at the time of executing the release, and that if known by him or
her would have materially affected his or her settlement with the debtor or
released party.
A Releasor may hereafter discover facts other than or different from those which it
knows, believes, or assumes to be true with respect to the Released Claims, but each
Governmental Entity hereby expressly waives and fully, finally, and forever settles,
releases and discharges, upon the date the Distributors Washington Settlement becomes
effective pursuant to Section II.B of the Distributors Washington Settlement, any and all
Released Claims that may exist as of such date but which Releasors do not know or
suspect to exist, whether through ignorance, oversight, error, negligence or through no
fault whatsoever, and which, if known, would materially affect the Governmental
Entities' decision to participate in the Distributors Washington Settlement.
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164
12. Nothing herein is intended to modify in any way the terms of the Distributors
Washington Settlement, to which Governmental Entity hereby agrees. To the extent this
Participation Form is worded differently from Exhibit F to the Distributors Washington
Settlement or interpreted differently from the Distributors Washington Settlement in any
respect, the Distributors Washington Settlement controls.
I have all necessary power and authorization to execute this Participation Form on behalf of the
Governmental Entity.
Signature:
Name:
Title:
Date:
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Exhibit G
Consent Judgment and Stipulation of Dismissal with Prejudice
The Honorable Michael Ramsey Scott
Trial Date: November 15, 2021
STATE OF WASHINGTON
KING COUNTY SUPERIOR COURT
STATE OF WASHINGTON,
Plaintiff,
v.
MCKESSON CORPORATION,
CARDINAL HEALTH INC., and
AMERISOURCEBERGEN DRUG
CORPORATION,
Defendants.
NO. 19-2-06975-9 SEA
FINAL CONSENT JUDGMENT AND
DISMISSAL WITH PREJUDICE
FINAL CONSENT JUDGMENT AND DISMISSAL WITH PREJUDICE
The State of Washington ("State") and McKesson Corporation, Cardinal Health, Inc.,
AmerisourceBergen Drug Corporation and AmerisourceBergen Corporation, together with the
subsidiaries thereof (collectively, the "Settling Distributors," and each a "Settling Distributor")
(together with the State, the "Parties," and each a "Party") have entered into a consensual
resolution of the above -captioned litigation (the "Action") pursuant to a settlement agreement
entitled Distributors Washington Settlement Agreement, dated as of May 2, 2022 (the
"Washington Agreement"), a copy of which is attached hereto as Exhibit A. The Washington
Agreement shall become effective by its terms upon the entry of this Final Consent Judgment
(the "Judgment") by the Court without adjudication of any contested issue of fact or law, and
without finding or admission of wrongdoing or liability of any kind. By entering into the
Washington Agreement, the State of Washington agrees to be bound by all terms and conditions
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of the Distributor Settlement Agreement, dated as of July 21, 2021 (as subsequently updated)
(the "Global Agreement"), a copy of which is attached hereto as Exhibit B (together with the
Washington Agreement, the "Agreements") unless stated otherwise in the Washington
Agreement. Unless stated otherwise in the Washington Agreement, the terms of the Washington
Agreement are intended to be consistent with the terms of the Global Settlement and shall be
construed accordingly.
I. RECITALS:
1. Each Party warrants and represents that it engaged in arm's-length negotiations in good
faith. In hereby executing the Agreements, the Parties intend to effect a good -faith settlement.
2. The State has determined that the Agreements are in the public interest.
3. The Settling Distributors deny the allegations against them and that they have any
liability whatsoever to the State, its Subdivisions, and/or (a) any of the State's or Subdivisions'
departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and
attorneys, including its Attorney General, and any person in his or her official capacity whether
elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming
by or through any of the foregoing, (b) any public entities, public instrumentalities, public
educational institutions, unincorporated districts, fire districts, irrigation districts, and other
Special Districts, and (c) any person or entity acting in a parens patriae, sovereign, quasi -
sovereign, private attorney general, qui tam, taxpayer, or other capacity seeking relief on behalf of
or generally applicable to the general public.
4. The Parties recognize that the outcome of the Action is uncertain and a final resolution
through the adversarial process likely will require protracted litigation.
5. The Parties agree to the entry of the injunctive relief terms pursuant to Exhibit P of the
Global Agreement.
6. Therefore, without any admission of liability or wrongdoing by the Settling Distributors
or any other Released Entities (as defined in the Global Agreement), the Parties now mutually
consent to the entry of this Judgment and agree to dismissal of the claims with prejudice pursuant
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to the terms of the Agreements to avoid the delay, expense, inconvenience, and uncertainty of
protracted litigation.
NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
In consideration of the mutual promises, terms, and conditions set forth in the
Agreements, the adequacy of which is hereby acknowledged by all Parties, it is agreed by and
between the Settling Distributors and the State, and adjudicated by the Court, as follows:
1. The foregoing Recitals are incorporated herein and constitute an express term of this
Judgment.
2. The Parties have entered into a full and final settlement of all Released Claims of
Releasors against the Settling Distributors (including but not limited to the State) and the Released
Entities pursuant to the terms and conditions set forth in the Agreements.
3. The "Definitions" set forth in Section I of the Global Agreement are incorporated by
reference into this Judgment. The State is a "Settling State" within the meaning of the Global
Agreement. Unless otherwise defined herein, capitalized terms in this Judgment shall have the
same meaning given to them in the Global Agreement, or, if not defined in the Global Agreement,
the same meaning given to them in the Washington Agreement.
4. The Parties agree that the Court has jurisdiction over the subject matter of the Action
and over the Parties with respect to the Action and this Judgment. This Judgment shall not be
construed or used as a waiver of any jurisdictional defense the Settling Distributors or any other
Released Entity may raise in any other proceeding.
5. The Court finds that the Agreements were entered into in good faith.
6. The Court finds that entry of this Judgment is in the public interest and reflects a
negotiated settlement agreed to by the Parties. The Action is dismissed with prejudice, subject to
a retention of jurisdiction by the Court as provided herein and in the Agreements.
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7. By this Judgment, the Agreements are hereby approved by the Court, and the Court
hereby adopts their terms as its own determination of this matter and the Parties' respective rights
and obligations.
8. The Court shall have authority to resolve disputes identified in Section VI.F.1 of the
Global Agreement, governed by the rules and procedures of the Court.
9. The Parties have satisfied the Conditions to Effectiveness of Agreement set forth in
Section II.B of the Washington Agreement as follows:
a. The Enforcement Committee and the Settling Distributors executed the
Enforcement Committee Agreement by June 1, 2022.
b. All Litigating Subdivisions in the State of Washington and ninety percent (90%)
of Non -Litigating Primary Subdivisions (calculated by population pursuant to the
Global Settlement) in the State of Washington became Participating Subdivisions
by September 23, 2022.
10. The Parties have satisfied the Condition to Effectiveness of Agreement set forth in
Section VIII of the Global Agreement and the Release set forth in Sections XI.A, F, and G of the
Global Agreement, as follows:
a. The Attorney General of the State exercised the fullest extent of his or her powers
to release the Settling Distributors and all other Released Entities from all
Released Claims pursuant to the release attached hereto as Exhibit C (the "AG
Release").
b. The Settling Distributors have determined that there is sufficient State
participation and sufficient resolution of the Claims of the Litigating Subdivisions
in the Settling States to proceed with the Agreements.
c. The Participation Form for each Initial Participating Subdivision in the State has
been delivered to the Settling Distributors. As stated in the Participation Form,
and for the avoidance of doubt, nothing in the Participation Form executed by the
Participating Subdivisions is intended to modify in any way the terms of the
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169
Agreements to which the Participating Subdivisions agree. As stated in the
Participation Form, to the extent the executed version of the Participation Form
differs from the Global Agreement in any respect, the Global Agreement controls.
d. Pursuant to Section VIII.B of the Global Agreement, each Participating
Subdivision in the State is dismissing with prejudice any Released Claims that it
has filed against the Settling Distributors and the Released Entities.
11. Release. The Parties acknowledge that the AG Release, which is incorporated by
reference herein, is an integral part of this Judgment. Pursuant to the Agreements and the AG
Release and without limitation and to the maximum extent of the power of the State's Attorney
General, the Settling Distributors and the other Released Entities are, as of the Effective Date,
hereby released from any and all Released Claims of (a) the State and its Participating Subdivisions
and any of their departments, agencies, divisions, boards, commissions, Subdivisions, districts,
instrumentalities of any kind and attorneys, including the State's Attorney General, and any person
in his or her official capacity whether elected or appointed to serve any of the foregoing, and any
agency, person, or other entity claiming by or through any of the foregoing, (b) any public entities,
public instrumentalities, public educational institutions, unincorporated districts, fire districts,
irrigation districts, and other Special Districts in the State, and (c) any person or entity acting in a
parens patriae, sovereign, quasi -sovereign, private attorney general, qui tam, taxpayer, or other
capacity seeking relief on behalf of or generally applicable to the general public with respect to
the State or any Subdivision in the State, whether or not any of them participate in the Agreements.
Pursuant to the Agreements and the AG Release and to the maximum extent of the State's power,
the Settling Distributors and the other Released Entities are, as of the Effective Date, hereby
released from any and all Released Claims of (1) the State, (2) all past and present executive
departments, state agencies, divisions, boards, commissions and instrumentalities with the
regulatory authority to enforce state and federal controlled substances acts, and (3) any of the
State's past and present executive departments, agencies, divisions, boards, commissions and
instrumentalities that have the authority to bring Claims related to Covered Conduct seeking
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money (including abatement and/or remediation) or revocation of a pharmaceutical distribution
license. For the purposes of clause (3) above, executive departments, agencies, divisions, boards,
commissions, and instrumentalities are those that are under the executive authority or direct control
of the State's Governor. Further, the provisions set forth in Section XI of the Global Agreement
are incorporated by reference into this Judgment as if fully set forth herein. The Parties
acknowledge, and the Court finds, that those provisions are an integral part of the Agreements and
this Judgment, and shall govern the rights and obligations of all participants in the settlement. Any
modification of those rights and obligations may be made based only on a writing signed by all
affected parties and approved by the Court.
12. Release of Unknown Claims. The State expressly waives, releases, and forever
discharges any and all provisions, rights, and benefits conferred by any law of any state or territory
of the United States or other jurisdiction, or principle of common law, which is similar,
comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to
claims that the creditor or releasing party does not know or suspect
to exist in his or her favor at the time of executing the release that,
if known by him or her, would have materially affected his or her
settlement with the debtor or released party.
13. The State may hereafter discover facts other than or different from those which it
knows, believes, or assumes to be true with respect to the Released Claims, but the State expressly
waived and fully, finally, and forever settled, released and discharged, through the Agreements
and AG Release, any and all Released Claims that may exist as of the Effective Date but which
the State does not know or suspect to exist, whether through ignorance, oversight, error, negligence
or through no fault whatsoever, and which, if known, would have materially affected the State's
decision to enter into the Agreements.
14. Costs and Fees. The Parties will bear their own costs and attorneys' fees except as
otherwise provided in the Agreements.
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15. No Admission of Liability. The Settling Distributors are consenting to this Judgment
solely for the purpose of effectuating the Agreements, and nothing contained herein may be taken
as or construed to be an admission or concession of any violation of law, rule, or regulation, or of
any other matter of fact or law, or of any liability or wrongdoing, all of which the Settling
Distributors expressly deny. None of the Settling Distributors or any other Released Entity admits
that it caused or contributed to any public nuisance, and none of the Settling Distributors or any
other Released Entity admits any wrongdoing that was or could have been alleged by the State, its
Participating Subdivisions, or any other person or entity. No part of this Judgment shall constitute
evidence of any liability, fault, or wrongdoing by the Settling Distributors or any other Released
Entity. The Parties acknowledge that payments made under the Agreements are not a fine, penalty,
or payment in lieu thereof and are properly characterized as described in Section V.F of the Global
Agreement.
16. No Waiver. This Judgment is entered based on the Agreements without adjudication
of any contested issue of fact or law or finding of liability of any kind. This Judgment shall not be
construed or used as a waiver of any Settling Distributor's right, or any other Released Entity's
right, to defend itself from, or make any arguments in, any other regulatory, governmental, private
individual, or class claims or suits relating to the subject matter or terms of this Judgment.
Notwithstanding the foregoing, the State may enforce the terms of this Judgment as expressly
provided in the Agreements.
17. No Private Right of Action. This Judgment is not intended for use by any third party
for any purpose, including submission to any court for any purpose, except pursuant to Section
VI.A of the Global Agreement. Except as expressly provided in the Agreements, no portion of the
Agreements or this Judgment shall provide any rights to, or be enforceable by, any person or entity
that is not a Settling State or Released Entity. The State shall allow Participating Subdivisions in
the State to notify it of any perceived violations of the Agreements or this Judgment. No Settling
State, including the State of Washington, may assign or otherwise convey any right to enforce any
provision of the Agreements.
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18. Admissibility. It is the intent of the Parties that this Judgment not be admissible in
other cases against the Settling Distributors or binding on the Settling Distributors in any respect
other than in connection with the enforcement of this Judgment or the Agreements. For the
avoidance of doubt, nothing herein shall prohibit a Settling Distributor from entering this Judgment
or the Agreements into evidence in any litigation or arbitration concerning (1) a Settling
Distributor's right to coverage under an insurance contract or (2) the enforcement of the releases
provided for by the Agreements and this Judgment.
19. Preservation of Privilege. Nothing contained in the Agreements or this Judgment, and
no act required to be performed pursuant to the Agreements or this Judgment, is intended to
constitute, cause, or effect any waiver (in whole or in part) of any attorney-client privilege, work
product protection, or common interest/joint defense privilege, and each Party agrees that it shall
not make or cause to be made in any forum any assertion to the contrary.
20. Mutual Interpretation. The Parties agree and stipulate that the Agreements were
negotiated on an arm's-length basis between parties of equal bargaining power and was drafted
jointly by counsel for each Party. Accordingly, the Agreements are incorporated herein by
reference and shall be mutually interpreted and not construed in favor of or against any Party,
except as expressly provided for in the Agreements.
21. Retention of Jurisdiction. The Court shall retain jurisdiction of the Parties for the
limited purpose of the resolution of disputes identified in Section VI.F.1 of the Global Agreement.
The Court shall have jurisdiction over Participating Subdivisions in the State for the limited
purposes identified in the Agreements.
22. Successors and Assigns. This Judgment is binding on each of the Settling Distributor's
successors and assigns.
23. Modification. This Judgment shall not be modified (by the Court, by any other court,
or by any other means) without the consent of the State and the Settling Distributors, or as provided
for in Section XIV.0 of the Global Agreement.
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So ORDERED this day of
2022.
THE HONORABLE JUDGE MICHAEL. R. SCOTT
APPROVED, AGREED TO AND PRESENTED BY:
ROBERT W. FERGUSON
Attorney General
s/
MARTHA RODRIGUEZ LOPEZ,
WSBA No. 35466
ANDREW R.W. HUGHES, WSBA No. 49515
NATHAN K. BAYS, WSBA No. 43025
BRIAN H. ROWE, WSBA No. 56817
SPENCER W. COATES, WSBA No. 49683
KELSEY E. ENDRES, WSBA No. 39409
LAURA K. CLINTON, WSBA No. 29846
JONATHAN J. GUSS, WSBA No. 57663
SUSAN E. LLORENS, WSBA No. 38049
LIA E. PERNELL, WSBA No. 50208
MOTLEY RICE LLC
s/
LINDA SINGER, pro hac vice
ELIZABETH SMITH, pro hac vice
DAVID I. ACKERMAN, pro hac vice
JAMES LEDLIE, pro hac vice
DON MIGLIORI, pro hac vice
REBECCA FONSECA, pro hac vice
MICHAEL J. QUIRK, pro hac vice
ANNIE KOUBA, pro hac vice
MICHAEL J. PENDELL, pro hac vice
CHRISTOPHER MORIARTY, pro hac vice
LISA M. SALTZBURG, pro hac vice
NATALIA DEYNEKA, pro hac vice
MICHAEL E. ELSNER, pro hac vice
ANDREW P. ARNOLD, pro hac vice
MIMI LIU, pro hac vice
174
STOEL RIVES LLP
s/
VANESSA SORIANO POWER,
WSBA No. 30777
JENNA M. POLIGO, WSBA No. 54466
RACHEL C. LEE, WSBA No. 48245
S. JULIA LITTELL, WSBA No. 54106
PER RAMFJORD, pro hac vice
CHRIS C. RIFER, pro hac vice
WILLIAMS & CONNOLLY LLP
s/
LORYN HELFMANN, pro hac vice
A. JOSHUA PODOLL, pro hac vice
SUZANNE SALGADO, pro hac vice
NEELUM J. WADHWANI, pro hac vice
PAUL E. BOEHM, pro hac vice
ELEANOR J.G. WASSERMAN, pro hac vice
DAVID J. PARK, pro hac vice
JOSHUA D. TULLY, pro hac vice
STEVEN PYSER, pro hac vice
ENU A. MAINIGI, pro hac vice
JENNIFER G. WICHT, pro hac vice
JOSEPH S. BUSHUR, pro hac vice
COLLEEN MCNAMARA, pro hac vice
MATTHEW P. MOONEY, pro hac vice
ASHLEY W. HARDIN, pro hac vice
J. ANDREW KEYES, pro hac vice
EMILY R. PISTILLI, pro hac vice
BRAD MASTERS, pro hac vice
G-9
ANN RITTER, pro hac vice WILLIAM F. HAWKINS, pro hac vice
SARA AGUINGUA, pro hac vice
DAVID BURNETT, pro hac vice Attorneys for Defendant Cardinal Health Inc.
VINCENT GREENE, pro hac vice
Attorneys for Plaintiff State of Washington GORDON TILDEN THOMAS & CORDELL
LLP
s/
FRANKLIN D. CORDELL,
WSBA No. 26392
JEFFREY M. THOMAS,
WSBA No. 21175
KASEY HUEBNER,
WSBA No. 32890
COVINGTON & BURLING
CHISTOPHER EPPICH, pro hac vice
ANDREW STANNER, pro hac vice
KEVIN KELLY, pro hac vice
AMBER CHARLES, pro hac vice
MEGHAN MONAGHAN, pro hac vice
ISAAC CHAPUT, pro hac vice
DANIEL EAGLES, pro hac vice
MEGAN MCLAUGHLIN, pro hac vice
DEVON L. MOBLEY-RITTER, pro hac vice
MEGAN RODGERS, pro hac vice
SONYA D. WINNER, pro hac vice
CLAYTON L. BAILEY, pro hac vice
JAMES A. GOOLD, pro hac vice
EMILY KVESELIS, pro hac vice
PAUL W. SCHMIDT, pro hac vice
ALEXANDER SETZEPFANDT, pro hac vice
CHRISTIAN J. PISTILLI, pro hac vice
LAUREN DORRIS, pro hac vice
NICHOLAS GRIEPSMA, pro hac vice
ALISON DICIURCIO, pro hac vice
SARA J. DENNIS, pro hac vice
PHYLLIS A. JONES, pro hac vice
DALE A. RICE, pro hac vice
Attorneys for Defendant McKesson Corp.
LANE POWELL PC
s/
JOHN S. DEVLIN III, WSBA No. 23988
PILAR FRENCH, WSBA No. 33300
REED SMITH LLP
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175
ROBERT A. NICHOLAS, pro hac vice
KIM M. WATTERSON, pro hac vice
STEVEN BORANIAN, pro hac vice
ELIZABETH BRANDON, pro hac vice
Attorneys for Defendant AmerisourceBergen
Drug Corporation and AmerisourceBergen
Corporation
G-11
176
DECLARATION OF SERVICE
I declare that I caused a copy of the foregoing document to be electronically served using
the Court's Electronic Filing System, which will serve a copy of this document upon all counsel
of record.
G-12
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CARDINAL
Vanessa S. Power, Atty
vanessa.power@stoel.com
Jenna Poligo, Atty
jenna.poligo@stoel.com
Per A. Ramfjord, Atty
per.ramfjord@stoel.com
Rachel C. Lee, Atty
rachel.lee@stoel.com
Christopher C. Rifer, Atty
christopher.rifer@stoel.com
Loryn Helfmann, Atty
lhelfmann@wc.com
A. Joshua Podoll, Atty
apodoll@wc.com
Suzanne Salgado, Atty
ssalgado@wc.com
Neelum J. Wadhwani, Atty
nwadhwani@wc.com
Paul E. Boehm, Atty
pboehm@wc.com
Eleanor J. G. Wasserman, Atty
ewasserman@wc.com
David J. Park, Atty
dpark@wc.com
Joshua D. Tully, Atty
jtully@wc.com
Steven Pyser, Atty
spyser@wc.com
Enu A. Mainigi, Atty
emainigi@wc.com
Jennifer G. Wicht, Atty
jwicht@wc.com
Joseph S. Bushur, Atty
jbushur@wc.com
Colleen McNamara, Atty
cmcnamara@wc.com
Ashley W. Hardin, Atty
ahardin@wc.com
J. Andrew Keyes, Atty
akeyes@wc.com
Emily R. Pistilli, Atty
epistilli@wc.com
William F. Hawkins, Atty
whawkins@wc.com
Stoel Docketing
docketclerk@stoel.com
Leslie Lomax, Legal Assistant
leslie.lomax@stoel.com
WA Action
cardinalwashingtonaction@wc.com
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MCKESSON
Franklin D. Cordell
fcordell@gordontilden.com
Jeffrey M. Thomas
jthomas@gordontilden.com
Kasey Huebner
khuebner@gordontilden.com
Christopher Eppich, Atty
ceppich@cov.corn
Andrew Stanner, Atty
astanner@cov.com
Kevin Kelly, Atty
kkelly@cov.com
Amber Charles, Atty
acharles@cov.com
Meghan Monaghan, Atty
mmonaghan@cov.com
Isaac Chaput, Atty
ichaput@cov.com
Daniel Eagles, Atty
deagles@cov.com
Megan McLaughlin, Atty
mmclaughlin@cov.com
Devon L. Mobley -Ritter, Atty
dmobleyritter@cov.com
Megan Rodgers, Atty
mrodgers@cov.com
Sonya D. Winner, Atty
swinner@cov.com
Clayton L. Bailey, Atty
cbailey@cov.com
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James A. Goold, Atty
jgoold@cov.com
Emily Kveselis, Atty
ekveselis@cov.com
Paul W. Schmidt, Atty
pschmidt@cov.com
Alexander Setzepfandt, Atty
asetzepfandt@cov.com
Christian J. Pistilli, Atty
cpistilli@cov.com
Lauren Dorris, Atty
ldorris@cov.com
Nicholas Griepsma, Atty
n&iepsma@cov.com
Alison DiCiurcio, Atty
adiciurcio@cov.com
Sara J. Dennis, Atty
sdennis@cov.com
Phyllis A. Jones, Atty
pajones@cov.com
Dale A. Rice, Atty
drice@cov.com
Nicole Antoine, Atty
nantoine@cov.com
Timothy Hester, Atty
thester@cov.com
Gregory L. Halperin, Atty
ghalperin@cov.com
Stephen Petkis, Atty
spetkis@cov.com
Alice Phillips Atty
aphillips@cov.com
Ellen Evans, Legal Assistant
eevans@gordontilden.com
Jacqueline Lucien Legal Assistant
jlucien@gordontilden.com
Courtney Caryl Garth, Paralegal
ccaryl@gordontilden.com
Electronic Mailing Inbox
mckessonwa@cov.com
AMERISOURCEBERGEN
Pilar French, Atty
frenchp@lanepowell.com
John S. Devlin III, Atty
devlinj@lanepowell.com
Katie Bass, Atty
bassk@lanepowell.com
Elizabeth Brandon, Atty
ebrandon@reedsmith.com
Sarah Johansen, Atty
sjohansen@reedsmith.com
Rachel B. Weil, Atty
rweil@reedsmith.com
Steven Boranian, Atty
sboranian@reedsmith.com
Adam D. Brownrout, Atty
abrownrout@reedsmith.com
Nicole S. Soussan, Atty
nsoussan@reedsmith.com
Brian T. Himmel, Atty
bhimmel@reedsmith.com
Shannon E. McClure, Atty
smcclure@reedsmith.com
Michael J. Salimbene, Atty
msalimbene@reedsmith.com
Robert A. Nicholas, Atty
rnicholas@reedsmith.com
Thomas H. Suddath, Jr., Atty
tsuddath@reedsmith.com
Thomas J. McGarrigle, Atty
tmcgarrigle@reedsmith.com
Courtland C Chillingworth, Atty
cchillingworth@reedsmith.com
Christina M. Vitale, Atty
cvitale@reedsmith.com
Brian T. Kiolbasa, Atty
kiolbasab@lanepowell.com
Abigail M. Pierce, Atty
abigail.pierce@reedsmith.com
Joseph Mahady, Atty
jmahady@reedsmith.com
Jeffrey R. Melton, Atty
jmelton@reedsmith.com
Anne E. Rollins, Atty
arollins@reedsmith.com
Eric J. Buhr, Atty
ebuhr@reedsmith.com
Brent R. Gary, Atty
bgary@reedsmith.com
Kim M. Watterson, Atty
KWatterson@reedsmith.com
Jeffrey M. Weimer, Atty
JWeimer@reedsmith.com
E -Mailbox
Docketing-SEA@lanepowell.com
E -Mailbox
Docketing-PDX@lanepowell.com
E -Mailbox
ABDCWA@LanePowell.com
G-13
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DATED day of 2022, at Seattle, Washington.
s/
ANDREW R.W. HUGHES, WSBA No. 49515
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Exhibit H Distributor Global Settlement Agreement
This document is not attached due to its size. The document can be found here: https://agportal-
s3bucket. s3 . amazonaws. com/DistributorsSettlement/National%20Distributor%20Settlement.pdf
180
EXHIBIT 2
Subdivision Settlement Participation Form
(Exhibit F of the Distributors Settlement)
181
Exhibit F
Subdivision Settlem nt Participation Form
Governmental Entity:
tate:
Authorized Official:
Address 1:
Address 2:
City, State, Zip:
Phone:
Em il:
The governm ntal entity identified above ("Governmental Entity"), in order to obtain and in
consideration for the benefits provided to the Governm ntal Entity pursuant to the Settlem nt
Agreem nt dated M y 2, 2022 ("Distributors W shington Settlement"), and acting through the
undersigned authorized official, hereby elects to participate in the Distributors W shington
Settlem nt, release all Released Claim against all Released Entities, and agrees as follows.
1. The Governm ntal Entity is aware of and has reviewed the Distributors W shington
Settlem nt, including the Distributor Global Settlem nt Agreem nt dated July 21, 2021
("Global Settlement") attached to the Distributors W shington Settlem nt as Exhibit H,
understands that all term in this Participation Form have the m anings defined therein,
and agrees that by signing this Participation Form the Governm ntal Entity elects to
participate in the Distributors W shington Settlem nt and becom a Participating
Subdivision as provided therein.
2. The Governm ntal Entity shall, within 14 days of October 1, 2022 and prior to the filing
of the Consent Judgm nt, secure the dism ssal with prejudice of any Released Claim that
it has filed.
4. The Governm ntal Entity agrees to the term of the Distributors W shington Settlem nt
pertaining to Subdivisions as defined therein.
5. By agreeing to the term of the Distributors W shington Settlem nt and becom ng a
Releasor, the Governm ntal Entity is entitled to the benefits provided therein, including,
if applicable, m netary paym nts beginning after Decem er 1, 2022.
6. The Governm ntal Entity agrees to use any m vies it receives through the Distributors
W shington Settlem nt solely for the purposes provided therein.
7. The Governm ntal Entity subm is to the jurisdiction of the W shington Consent
Judgm nt Court for purposes lim ted to that court's role as provided in, and for resolving
disputes to the extent provided in, the Distributors W shington Settlem nt. The
Governm ntal Entity likewise agrees to arbitrate before the National Arbitration Panel as
provided in, and for resolving disputes to the extent otherwise provided in the
Distributors W shington Settlem nt.
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8. The Governm ntal Entity has the right to enforce the Distributors W shington Settlem nt
as provided therein.
9. The Governm ntal Entity, as a Participating Subdivision, hereby becom s a Releasor for
all purposes in the Distributors W shington Settlem nt, including, but not lim ted to, all
provisions of Section XI of the Global Settlem nt, and along with all departm nts,
agencies, divisions, boards, corn ssions, districts, instrum ntalities of any kind and
attorneys, and any person in their official capacity elected or appointed to serve any of
the foregoing and any agency, person, or other entity claim ng by or through any of the
foregoing, and any other entity identified in the definition of Releasor, provides for a
release to the fullest extent of its authority. As a Releasor, the Governm ntal Entity
hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim
or to cause, assist or perm t to be brought, filed, or claim d, or to otherwise seek to
establish liability for any Released Claim against any Released Entity in any forum
whatsoever. The releases provided for in the Distributors W shington Settlem nt are
intended by the Agreem nt Parties to be broad and shall be interpreted so as to give the
Released Entities the broadest possible bar against any liability relating in any way to
Released Claim and extend to the full extent of the power of the Governm ntal Entity to
release claim . The Distributors W shington Settlem nt shall be a com lete bar to any
Released Claim
10. The Governm ntal Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Distributors W shington Settlem nt.
11. In connection with the releases provided for in the Distributors W shington Settlem nt,
each Governm ntal Entity expressly waives, releases, and forever discharges any and all
provisions, rights, and benefits conferred by any law of any state or territory of the
United States or other jurisdiction, or principle of corn n law, which is sim lar,
comparable, or equivalent to § 1542 of the California Civil Code, which reads:
G neral Release; extent. A general release does not extend to claim that
the creditor or releasing party does not know or suspect to exist in his or
her favor at the tim of executing the release, and that if known by him or
her would have m terially affected his or her settlem nt with the debtor or
released party.
A Releasor m y hereafter discover facts other than or different from those which it
knows, believes, or assum s to be true with respect to the Released Claim , but each
Governm ntal Entity hereby expressly waives and fully, finally, and forever settles,
releases and discharges, upon the date the Distributors W shington Settlem nt becom s
effective pursuant to Section II.B of the Distributors W shington Settlem nt, any and all
Released Claim that m y exist as of such date but which Releasors do not know or
suspect to exist, whether through ignorance, oversight, error, negligence or through no
fault whatsoever, and which, if known, would m terially affect the Governm ntal
Entities' decision to participate in the Distributors W shington Settlem nt.
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183
12. Nothing herein is intended to m dify in any way the term of the Distributors
W shington Settlem nt, to which Governm ntal Entity hereby agrees. To the extent this
Participation Form is worded differently from Exhibit F to the Distributors W shington
Settlem nt or interpreted differently from the Distributors W shington Settlem nt in any
respect, the Distributors W shington Settlem nt controls.
I have all necessary power and authorization to execute this Participation Form on behalf of the
Governm ntal Entity.
Signature:
Nam :
Title:
Date:
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EXHIBIT 3
One Washington Memorandum of Understanding Between Washington Municipalities
185
ONE WASHINGTON MEMORANDUM OF UNDERSTANDING BETWEEN
WASHINGTON MUNICIPALITIES
Whereas, the people of the State of Washington and its communities have been harmed by
entities within the Pharmaceutical Supply Chain who manufacture, distribute, and dispense
prescription opioids;
Whereas, certain Local Governments, through their elected representatives and counsel,
are engaged in litigation seeking to hold these entities within the Pharmaceutical Supply Chain of
prescription opioids accountable for the damage they have caused to the Local Governments;
Whereas, Local Governments and elected officials share a common desire to abate and
alleviate the impacts of harms caused by these entities within the Pharmaceutical Supply Chain
throughout the State of Washington, and strive to ensure that principals of equity and equitable
service delivery are factors considered in the allocation and use of Opioid Funds; and
Whereas, certain Local Governments engaged in litigation and the other cities and counties
in Washington desire to agree on a form of allocation for Opioid Funds they receive from entities
within the Pharmaceutical Supply Chain.
Now therefore, the Local Governments enter into this Memorandum of Understanding
("MOU") relating to the allocation and use of the proceeds of Settlements described.
A. Definitions
As used in this MOU:
1. "Allocation Regions" are the same geographic areas as the existing
nine (9) Washington State Accountable Community of Health (ACH) Regions
and have the purpose described in Section C below.
2. "Approved Purpose(s)" shall mean the strategies specified and set
forth in the Opioid Abatement Strategies attached as Exhibit A.
3. "Effective Date" shall mean the date on which a court of
competent jurisdiction enters the first Settlement by order or consent decree. The
Parties anticipate that more than one Settlement will be administered according to
the terms of this MOU, but that the first entered Settlement will trigger allocation
of Opioid Funds in accordance with Section B herein, and the formation of the
Opioid Abatement Councils in Section C.
4. "Litigating Local Government(s)" shall mean Local Governments
that filed suit against any Pharmaceutical Supply Chain Participant pertaining to
the Opioid epidemic prior to September 1, 2020.
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186
5. "Local Government(s)" shall mean all counties, cities, and towns
within the geographic boundaries of the State of Washington.
6. "National Settlement Agreements" means the national opioid
settlement agreements dated July 21, 2021 involving Johnson & Johnson, and
distributors AmerisourceBergen, Cardinal Health and McKesson as well as their
subsidiaries, affiliates, officers, and directors named in the National Settlement
Agreements, including all amendments thereto.
7. "Opioid Funds" shall mean monetary amounts obtained through a
Settlement as defined in this MOU.
8. "Opioid Abatement Council" shall have the meaning described in
Section C below.
9. "Participating Local Government(s)" shall mean all counties,
cities, and towns within the geographic boundaries of the State that have chosen
to sign on to this MOU. The Participating Local Governments may be referred to
separately in this MOU as "Participating Counties" and "Participating Cities and
Towns" (or "Participating Cities or Towns," as appropriate) or "Parties."
10. "Pharmaceutical Supply Chain" shall mean the process and
channels through which controlled substances are manufactured, marketed,
promoted, distributed, and/or dispensed, including prescription opioids.
11. "Pharmaceutical Supply Chain Participant" shall mean any entity
that engages in or has engaged in the manufacture, marketing, promotion,
distribution, and/or dispensing of a prescription opioid, including any entity that
has assisted in any of the above.
12. "Qualified Settlement Fund Account," or "QSF Account," shall
mean an account set up as a qualified settlement fund, 468b fund, as authorized by
Treasury Regulations 1.468B -1(c) (26 CFR §1.468B-1).
13. "Regional Agreements" shall mean the understanding reached by
the Participating Local Counties and Cities within an Allocation Region
governing the allocation, management, distribution of Opioid Funds within that
Allocation Region.
14. "Settlement" shall mean the future negotiated resolution of legal or
equitable claims against a Pharmaceutical Supply Chain Participant when that
resolution has been jointly entered into by the Participating Local
Governments. "Settlement" expressly does not include a plan of reorganization
confirmed under Title 11 of the United States Code, irrespective of the extent to
which Participating Local Governments vote in favor of or otherwise support such
plan of reorganization.
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187
15. "Trustee" shall mean an independent trustee who shall be
responsible for the ministerial task of releasing Opioid Funds from a QSF account
to Participating Local Governments as authorized herein and accounting for all
payments into or out of the trust.
16. The "Washington State Accountable Communities of Health" or
"ACH" shall mean the nine (9) regions described in Section C below.
B. Allocation of Settlement Proceeds for Approved Purposes
1. All Opioid Funds shall be held in a QSF and distributed by the
Trustee, for the benefit of the Participating Local Governments, only in a manner
consistent with this MOU. Distribution of Opioid Funds will be subject to the
mechanisms for auditing and reporting set forth below to provide public
accountability and transparency.
2. All Opioid Funds, regardless of allocation, shall be utilized
pursuant to Approved Purposes as defined herein and set forth in Exhibit A.
Compliance with this requirement shall be verified through reporting, as set out in
this MOU.
3. The division of Opioid Funds shall first be allocated to
Participating Counties based on the methodology utilized for the Negotiation
Class in In Re: National Prescription Opiate Litigation, United States District
Court for the Northern District of Ohio, Case No. 1:17-md-02804-DAP. The
allocation model uses three equally weighted factors: (1) the amount of opioids
shipped to the county; (2) the number of opioid deaths that occurred in that
county; and (3) the number of people who suffer opioid use disorder in that
county. The allocation percentages that result from application of this
methodology are set forth in the "County Total" line item in Exhibit B. In the
event any county does not participate in this MOU, that county's percentage share
shall be reallocated proportionally amongst the Participating Counties by applying
this same methodology to only the Participating Counties.
4. Allocation and distribution of Opioid Funds within each
Participating County will be based on regional agreements as described in
Section C.
C. Regional Agreements
1. For the purpose of this MOU, the regional structure for decision-
making related to opioid fund allocation will be based upon the nine (9) pre-
defined Washington State Accountable Community of Health Regions (Allocation
Regions). Reference to these pre -defined regions is solely for the purpose of
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188
drawing geographic boundaries to facilitate regional agreements for use of Opioid
Funds. The Allocation Regions are as follows:
• King County (Single County Region)
• Pierce County (Single County Region)
• Olympic Community of Health Region (Clallam, Jefferson, and Kitsap
Counties)
• Cascade Pacific Action Alliance Region (Cowlitz, Grays Harbor, Lewis,
Mason, Pacific, Thurston, and Wahkiakum Counties)
• North Sound Region (Island, San Juan, Skagit, Snohomish, and Whatcom
Counties)
• SouthWest Region (Clark, Klickitat, and Skamania Counties)
• Greater Columbia Region (Asotin, Benton, Columbia, Franklin, Garfield,
Kittitas, Walla Walla, Whitman, and Yakima Counties)
• Spokane Region (Adams, Ferry, Lincoln, Pend Oreille, Spokane, and
Stevens Counties)
• North Central Region (Chelan, Douglas, Grant, and Okanogan Counties)
2. Opioid Funds will be allocated, distributed and managed within
each Allocation Region, as determined by its Regional Agreement as set forth
below. If an Allocation Region does not have a Regional Agreement enumerated
in this MOU, and does not subsequently adopt a Regional Agreement per Section
C.5, the default mechanism for allocation, distribution and management of Opioid
Funds described in Section C.4.a will apply. Each Allocation Region must have
an OAC whose composition and responsibilities shall be defined by Regional
Agreement or as set forth in Section C.4.
3. King County's Regional Agreement is reflected in Exhibit C to this
MOU.
4. All other Allocation Regions that have not specified a Regional
Agreement for allocating, distributing and managing Opioid Funds, will apply
the following default methodology:
a. Opioid Funds shall be allocated within each Allocation Region by
taking the allocation for a Participating County from Exhibit B and
apportioning those funds between that Participating County and its
Participating Cities and Towns. Exhibit B also sets forth the allocation to
the Participating Counties and the Participating Cities or Towns within the
Counties based on a default allocation formula. As set forth above in
Section B.3, to determine the allocation to a county, this formula utilizes:
(1) the amount of opioids shipped to the county; (2) the number of opioid
deaths that occurred in that county; and (3) the number of people who
suffer opioid use disorder in that county. To determine the allocation
within a county, the formula utilizes historical federal data showing how
the specific Counties and the Cities and Towns within the Counties have
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made opioids epidemic -related expenditures in the past. This is the same
methodology used in the National Settlement Agreements for county and
intra -county allocations. A Participating County, and the Cities and Towns
within it may enter into a separate intra -county allocation agreement to
modify how the Opioid Funds are allocated amongst themselves, provided
the modification is in writing and agreed to by all Participating Local
Governments in the County. Such an agreement shall not modify any of
the other terms or requirements of this MOU.
b. 10% of the Opioid Funds received by the Region will be reserved,
on an annual basis, for administrative costs related to the OAC. The OAC
will provide an annual accounting for actual costs and any reserved funds
that exceed actual costs will be reallocated to Participating Local
Governments within the Region.
c. Cities and towns with a population of less than 10,000 shall be
excluded from the allocation, with the exception of cities and towns that
are Litigating Participating Local Governments. The portion of the Opioid
Funds that would have been allocated to a city or town with a population
of less than 10,000 that is not a Litigating Participating Local Government
shall be redistributed to Participating Counties in the manner directed
in C.4.a above.
d. Each Participating County, City, or Town may elect to have its
share re -allocated to the OAC in which it is located. The OAC will then
utilize this share for the benefit of Participating Local Governments within
that Allocation Region, consistent with the Approved Purposes set forth in
Exhibit A. A Participating Local Government's election to forego its
allocation of Opioid Funds shall apply to all future allocations unless the
Participating Local Government notifies its respective OAC otherwise. If a
Participating Local Government elects to forego its allocation of the
Opioid Funds, the Participating Local Government shall be excused from
the reporting requirements set forth in this Agreement.
e. Participating Local Governments that receive a direct
payment maintain full discretion over the use and distribution of their
allocation of Opioid Funds, provided the Opioid Funds are used solely for
Approved Purposes. Reasonable administrative costs for a Participating
Local Government to administer its allocation of Opioid Funds shall not
exceed actual costs or 10% of the Participating Local Government's
allocation of Opioid Funds, whichever is less.
f. A Local Government that chooses not to become a Participating
Local Government will not receive a direct allocation of Opioid Funds.
The portion of the Opioid Funds that would have been allocated to a Local
Government that is not a Participating Local Government shall be
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redistributed to Participating Counties in the manner directed
in C.4.a above.
g. As a condition of receiving a direct payment, each Participating
Local Government that receives a direct payment agrees to undertake the
following actions:
i. Developing a methodology for obtaining proposals for use
of Opioid Funds.
ii. Ensuring there is opportunity for community-based input
on priorities for Opioid Fund programs and services.
iii. Receiving and reviewing proposals for use of Opioid Funds
for Approved Purposes.
iv. Approving or denying proposals for use of Opioid
Funds for Approved Purposes.
v. Receiving funds from the Trustee for approved proposals
and distributing the Opioid Funds to the recipient.
vi. Reporting to the OAC and making publicly available all
decisions on Opioid Fund allocation applications,
distributions and expenditures.
h. Prior to any distribution of Opioid Funds within the Allocation
Region, The Participating Local Governments must establish an Opioid
Abatement Council (OAC) to oversee Opioid Fund allocation,
distribution, expenditures and dispute resolution. The OAC may be a
preexisting regional body or may be a new body created for purposes of
executing the obligations of this MOU.
i. The OAC for each Allocation Region shall be composed of
representation from both Participating Counties and Participating Towns
or Cities within the Region. The method of selecting members, and the
terms for which they will serve will be determined by the Allocation
Region's Participating Local Governments. All persons who serve on the
OAC must have work or educational experience pertaining to one or more
Approved Uses.
j. The Regional OAC will be responsible for the following actions:
i. Overseeing distribution of Opioid Funds from Participating
Local Governments to programs and services within the
Allocation Region for Approved Purposes.
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ii. Annual review of expenditure reports from
Participating Local Jurisdictions within the Allocation
Region for compliance with Approved Purposes and the
terms of this MOU and any Settlement.
iii. In the case where Participating Local Governments chose
to forego their allocation of Opioid Funds:
(i) Approving or denying proposals by Participating Local
Governments or community groups to the OAC for use of
Opioid Funds within the Allocation Region.
(ii) Directing the Trustee to distribute Opioid Funds for use
by Participating Local Governments or community groups
whose proposals are approved by the OAC.
(iii) Administrating and maintaining records of all OAC
decisions and distributions of Opioid Funds.
iv. Reporting and making publicly available all decisions on
Opioid Fund allocation applications, distributions and
expenditures by the OAC or directly by Participating Local
Governments.
v. Developing and maintaining a centralized public dashboard
or other repository for the publication of expenditure data
from any Participating Local Government that receives
Opioid Funds, and for expenditures by the OAC in that
Allocation Region, which it shall update at least annually.
vi. If necessary, requiring and collecting additional outcome -
related data from Participating Local Governments to
evaluate the use of Opioid Funds, and all Participating
Local Governments shall comply with such requirements.
vii. Hearing complaints by Participating Local Governments
within the Allocation Region regarding alleged failure to
(1) use Opioid Funds for Approved Purposes or (2) comply
with reporting requirements.
5. Participating Local Governments may agree and elect to share,
pool, or collaborate with their respective allocation of Opioid Funds in any
manner they choose by adopting a Regional Agreement, so long as such
sharing, pooling, or collaboration is used for Approved Purposes and
complies with the terms of this MOU and any Settlement.
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6. Nothing in this MOU should alter or change any Participating
Local Government's rights to pursue its own claim. Rather, the intent of
this MOU is to join all parties who wish to be Participating Local
Governments to agree upon an allocation formula for any Opioid Funds
from any future binding Settlement with one or more Pharmaceutical
Supply Chain Participants for all Local Governments in the State of
Washington.
7. If any Participating Local Government disputes the amount it
receives from its allocation of Opioid Funds, the Participating Local
Government shall alert its respective OAC within sixty (60) days of
discovering the information underlying the dispute. Failure to alert its
OAC within this time frame shall not constitute a waiver of the
Participating Local Government's right to seek recoupment of any
deficiency in its allocation of Opioid Funds.
8. If any OAC concludes that a Participating Local Government's
expenditure of its allocation of Opioid Funds did not comply with the
Approved Purposes listed in Exhibit A, or the terms of this MOU, or that
the Participating Local Government otherwise misused its allocation of
Opioid Funds, the OAC may take remedial action against the alleged
offending Participating Local Government. Such remedial action is left to
the discretion of the OAC and may include withholding future Opioid
Funds owed to the offending Participating Local Government or requiring
the offending Participating Local Government to reimburse improperly
expended Opioid Funds back to the OAC to be re -allocated to the
remaining Participating Local Governments within that Region.
9. All Participating Local Governments and OAC shall maintain all
records related to the receipt and expenditure of Opioid Funds for no less
than five (5) years and shall make such records available for review by
any other Participating Local Government or OAC, or the public. Records
requested by the public shall be produced in accordance with
Washington's Public Records Act RCW 42.56.001 et seq. Records
requested by another Participating Local Government or an OAC shall be
produced within twenty-one (21) days of the date the record request was
received. This requirement does not supplant any Participating Local
Government or OAC's obligations under Washington's Public Records
Act RCW 42.56.001 et seq.
D. Payment of Counsel and Litigation Expenses
1. The Litigating Local Governments have incurred attorneys' fees
and litigation expenses relating to their prosecution of claims against the
Pharmaceutical Supply Chain Participants, and this prosecution has inured to the
benefit of all Participating Local Governments. Accordingly, a Washington
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Government Fee Fund ("GFF") shall be established that ensures that all Parties
that receive Opioid Funds contribute to the payment of fees and expenses incurred
to prosecute the claims against the Pharmaceutical Supply Chain Participants,
regardless of whether they are litigating or non -litigating entities.
2. The amount of the GFF shall be based as follows: the funds to be
deposited in the GFF shall be equal to 15% of the total cash value of the Opioid
Funds.
3. The maximum percentage of any contingency fee agreement
permitted for compensation shall be 15% of the portion of the Opioid Funds
allocated to the Litigating Local Government that is a party to the contingency fee
agreement, plus expenses attributable to that Litigating Local Government. Under
no circumstances may counsel collect more for its work on behalf of a Litigating
Local Government than it would under its contingency agreement with that
Litigating Local Government.
4. Payments from the GFF shall be overseen by a committee (the
"Opioid Fee and Expense Committee") consisting of one representative of the
following law firms: (a) Keller Rohrback L.LP.; (b) Hagens Berman Sobol
Shapiro LLP; (c) Goldfarb & Huck Roth Riojas, PLLC; and (d) Napoli Shkolnik
PLLC. The role of the Opioid Fee and Expense Committee shall be limited to
ensuring that the GFF is administered in accordance with this Section.
5. In the event that settling Pharmaceutical Supply Chain Participants
do not pay the fees and expenses of the Participating Local Governments directly
at the time settlement is achieved, payments to counsel for Participating Local
Governments shall be made from the GFF over not more than three years, with
50% paid within 12 months of the date of Settlement and 25% paid in each
subsequent year, or at the time the total Settlement amount is paid to the Trustee
by the Defendants, whichever is sooner.
6. Any funds remaining in the GFF in excess of: (i) the amounts
needed to cover Litigating Local Governments' private counsel's representation
agreements, and (ii) the amounts needed to cover the common benefit tax
discussed in Section C.8 below (if not paid directly by the Defendants in
connection with future settlement(s), shall revert to the Participating Local
Governments pro rata according to the percentages set forth in Exhibits B, to be
used for Approved Purposes as set forth herein and in Exhibit A.
7. In the event that funds in the GFF are not sufficient to pay all fees
and expenses owed under this Section, payments to counsel for all Litigating
Local Governments shall be reduced on a pro rata basis. The Litigating Local
Governments will not be responsible for any of these reduced amounts.
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8. The Parties anticipate that any Opioid Funds they receive will be
subject to a common benefit "tax" imposed by the court in In Re: National
Prescription Opiate Litigation, United States District Court for the Northern
District of Ohio, Case No. 1:17-md-02804-DAP ("Common Benefit Tax"). If this
occurs, the Participating Local Governments shall first seek to have the settling
defendants pay the Common Benefit Tax. If the settling defendants do not agree
to pay the Common Benefit Tax, then the Common Benefit Tax shall be paid
from the Opioid Funds and by both litigating and non -litigating Local
Governments. This payment shall occur prior to allocation and distribution of
funds to the Participating Local Governments. In the event that GFF is not fully
exhausted to pay the Litigating Local Governments' private counsel's
representation agreements, excess funds in the GFF shall be applied to pay the
Common Benefit Tax (if any).
E. General Terms
1. If any Participating Local Government believes another
Participating Local Government, not including the Regional Abatement Advisory
Councils, violated the terms of this MOU, the alleging Participating Local
Government may seek to enforce the terms of this MOU in the court in which any
applicable Settlement(s) was entered, provided the alleging Participating Local
Government first provides the alleged offending Participating Local Government
notice of the alleged violation(s) and a reasonable opportunity to cure the alleged
violation(s). In such an enforcement action, any alleging Participating Local
Government or alleged offending Participating Local Government may be
represented by their respective public entity in accordance with Washington law.
2. Nothing in this MOU shall be interpreted to waive the right of any
Participating Local Government to seek judicial relief for conduct occurring
outside the scope of this MOU that violates any Washington law. In such an
action, the alleged offending Participating Local Government, including the
Regional Abatement Advisory Councils, may be represented by their respective
public entities in accordance with Washington law. In the event of a conflict, any
Participating Local Government, including the Regional Abatement Advisory
Councils and its Members, may seek outside representation to defend itself
against such an action.
3. Venue for any legal action related to this MOU shall be in the
court in which the Participating Local Government is located or in accordance
with the court rules on venue in that jurisdiction. This provision is not intended to
expand the court rules on venue.
4. This MOU may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the
same instrument. The Participating Local Governments approve the use of
electronic signatures for execution of this MOU. All use of electronic signatures
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shall be governed by the Uniform Electronic Transactions Act. The Parties agree
not to deny the legal effect or enforceability of the MOU solely because it is in
electronic form or because an electronic record was used in its formation. The
Participating Local Government agree not to object to the admissibility of the
MOU in the form of an electronic record, or a paper copy of an electronic
document, or a paper copy of a document bearing an electronic signature, on
the grounds that it is an electronic record or electronic signature or that it is not in
its original form or is not an original.
5. Each Participating Local Government represents that all
procedures necessary to authorize such Participating Local Government's
execution of this MOU have been performed and that the person signing for such
Party has been authorized to execute the MOU.
[Remainder of Page Intentionally Left Blank — Signature Pages Follow]
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This One Washington Memorandum of Understanding Between Washington
Municipalities is signed this day of , 2022 by:
Name & Title
On behalf of
4894-0031-1574, v. 2
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EXHIBIT A
OPIOID ABATEMENT STRATEGIES
PART ONE: TREATMENT
A. TREAT OPIOID USE DISORDER (OUD)
Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use
Disorder or Mental Health (SUD/MH) conditions, co -usage, and/or co -addiction through
evidence -based, evidence -informed, or promising programs or strategies that may include,
but are not limited to, the following:
1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions,
co -usage, and/or co -addiction, including all forms of Medication -Assisted Treatment
(MAT) approved by the U.S. Food and Drug Administration.
2. Support and reimburse services that include the full American Society of Addiction
Medicine (ASAM) continuum of care for OUD and any co-occurring SUD/MH
conditions, co -usage, and/or co -addiction, including but not limited to:
a. Medication -Assisted Treatment (MAT);
b. Abstinence -based treatment;
c. Treatment, recovery, or other services provided by states, subdivisions,
community health centers; non -for-profit providers; or for-profit providers;
d. Treatment by providers that focus on OUD treatment as well as treatment by
providers that offer OUD treatment along with treatment for other SUD/MH
conditions, co -usage, and/or co -addiction; or
e. Evidence -informed residential services programs, as noted below.
3. Expand telehealth to increase access to treatment for OUD and any co-occurring
SUD/MH conditions, co -usage, and/or co -addiction, including MAT, as well as
counseling, psychiatric support, and other treatment and recovery support services.
4. Improve oversight of Opioid Treatment Programs (OTPs) to assure evidence -based,
evidence -informed, or promising practices such as adequate methadone dosing.
5. Support mobile intervention, treatment, and recovery services, offered by qualified
professionals and service providers, such as peer recovery coaches, for persons with
OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction and
for persons who have experienced an opioid overdose.
6. Support treatment of mental health trauma resulting from the traumatic experiences of
the opioid user (e.g., violence, sexual assault, human trafficking, or adverse childhood
experiences) and family members (e.g., surviving family members after an overdose
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or overdose fatality), and training of health care personnel to identify and address such
trauma.
7. Support detoxification (detox) and withdrawal management services for persons with
OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction,
including medical detox, referral to treatment, or connections to other services or
supports.
8. Support training on MAT for health care providers, students, or other supporting
professionals, such as peer recovery coaches or recovery outreach specialists,
including telementoring to assist community-based providers in rural or underserved
areas.
9. Support workforce development for addiction professionals who work with persons
with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction.
10. Provide fellowships for addiction medicine specialists for direct patient care,
instructors, and clinical research for treatments.
11. Provide funding and training for clinicians to obtain a waiver under the federal Drug
Addiction Treatment Act of 2000 (DATA 2000) to prescribe MAT for OUD, and
provide technical assistance and professional support to clinicians who have obtained
a DATA 2000 waiver.
12. Support the dissemination of web -based training curricula, such as the American
Academy of Addiction Psychiatry's Provider Clinical Support Service -Opioids web -
based training curriculum and motivational interviewing.
13. Support the development and dissemination of new curricula, such as the American
Academy of Addiction Psychiatry's Provider Clinical Support Service for
Medication -Assisted Treatment.
B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in treatment for and recovery from OUD and any co-occurring SUD/MH
conditions, co -usage, and/or co -addiction through evidence -based, evidence -informed, or
promising programs or strategies that may include, but are not limited to, the following:
1. Provide the full continuum of care of recovery services for OUD and any co-occurring
SUD/MH conditions, co -usage, and/or co -addiction, including supportive housing,
residential treatment, medical detox services, peer support services and counseling,
community navigators, case management, and connections to community-based
services.
2. Provide counseling, peer -support, recovery case management and residential
treatment with access to medications for those who need it to persons with OUD and
any co-occurring SUD/MH conditions, co -usage, and/or co -addiction.
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3. Provide access to housing for people with OUD and any co-occurring SUD/MH
conditions, co -usage, and/or co -addiction, including supportive housing, recovery
housing, housing assistance programs, or training for housing providers.
4. Provide community support services, including social and legal services, to assist in
deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions, co -
usage, and/or co -addiction.
5. Support or expand peer -recovery centers, which may include support groups, social
events, computer access, or other services for persons with OUD and any co-occurring
SUD/MH conditions, co -usage, and/or co -addiction.
6. Provide employment training or educational services for persons in treatment for or
recovery from OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -
addiction.
7. Identify successful recovery programs such as physician, pilot, and college recovery
programs, and provide support and technical assistance to increase the number and
capacity of high-quality programs to help those in recovery.
8. Engage non -profits, faith -based communities, and community coalitions to support
people in treatment and recovery and to support family members in their efforts to
manage the opioid user in the family.
9. Provide training and development of procedures for government staff to appropriately
interact and provide social and other services to current and recovering opioid users,
including reducing stigma.
10. Support stigma reduction efforts regarding treatment and support for persons with
OUD, including reducing the stigma on effective treatment.
C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
(CONNECTIONS TO CARE)
Provide connections to care for people who have — or are at risk of developing — OUD and
any co-occurring SUD/MH conditions, co -usage, and/or co -addiction through evidence -
based, evidence -informed, or promising programs or strategies that may include, but are not
limited to, the following:
1. Ensure that health care providers are screening for OUD and other risk factors and
know how to appropriately counsel and treat (or refer if necessary) a patient for OUD
treatment.
2. Support Screening, Brief Intervention and Referral to Treatment (SBIRT) programs to
reduce the transition from use to disorders.
3. Provide training and long-term implementation of SBIRT in key systems (health,
schools, colleges, criminal justice, and probation), with a focus on youth and young
adults when transition from misuse to opioid disorder is common.
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4. Purchase automated versions of SBIRT and support ongoing costs of the technology.
5. Support training for emergency room personnel treating opioid overdose patients on
post -discharge planning, including community referrals for MAT, recovery case
management or support services.
6. Support hospital programs that transition persons with OUD and any co-occurring
SUD/MH conditions, co -usage, and/or co -addiction, or persons who have experienced
an opioid overdose, into community treatment or recovery services through a bridge
clinic or similar approach.
7. Support crisis stabilization centers that serve as an alternative to hospital emergency
departments for persons with OUD and any co-occurring SUD/MH conditions, co -
usage, and/or co -addiction or persons that have experienced an opioid overdose.
8. Support the work of Emergency Medical Systems, including peer support specialists,
to connect individuals to treatment or other appropriate services following an opioid
overdose or other opioid -related adverse event.
9. Provide funding for peer support specialists or recovery coaches in emergency
departments, detox facilities, recovery centers, recovery housing, or similar settings;
offer services, supports, or connections to care to persons with OUD and any co-
occurring SUD/MH conditions, co -usage, and/or co -addiction or to persons who have
experienced an opioid overdose.
10. Provide funding for peer navigators, recovery coaches, care coordinators, or care
managers that offer assistance to persons with OUD and any co-occurring SUD/MH
conditions, co -usage, and/or co -addiction or to persons who have experienced on
opioid overdose.
11. Create or support school-based contacts that parents can engage with to seek
immediate treatment services for their child; and support prevention, intervention,
treatment, and recovery programs focused on young people.
12. Develop and support best practices on addressing OUD in the workplace.
13. Support assistance programs for health care providers with OUD.
14. Engage non -profits and the faith community as a system to support outreach for
treatment.
15. Support centralized call centers that provide information and connections to
appropriate services and supports for persons with OUD and any co-occurring
SUD/MH conditions, co -usage, and/or co -addiction.
16. Create or support intake and call centers to facilitate education and access to
treatment, prevention, and recovery services for persons with OUD and any co-
occurring SUD/MH conditions, co -usage, and/or co -addiction.
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17. Develop or support a National Treatment Availability Clearinghouse — a
multistate/nationally accessible database whereby health care providers can list
locations for currently available in-patient and out-patient OUD treatment services
that are accessible on a real-time basis by persons who seek treatment.
D. ADDRESS THE NEEDS OF CRIMINAL -JUSTICE -INVOLVED PERSONS
Address the needs of persons with OUD and any co-occurring SUD/MH conditions, co -
usage, and/or co -addiction who are involved — or are at risk of becoming involved — in the
criminal justice system through evidence -based, evidence -informed, or promising programs
or strategies that may include, but are not limited to, the following:
1. Support pre -arrest or post -arrest diversion and deflection strategies for persons with
OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction,
including established strategies such as:
a. Self -referral strategies such as the Angel Programs or the Police Assisted
Addiction Recovery Initiative (PAARI);
b. Active outreach strategies such as the Drug Abuse Response Team (DART)
model;
c. "Naloxone Plus" strategies, which work to ensure that individuals who have
received naloxone to reverse the effects of an overdose are then linked to
treatment programs or other appropriate services;
d. Officer prevention strategies, such as the Law Enforcement Assisted Diversion
(LEAD) model;
e. Officer intervention strategies such as the Leon County, Florida Adult Civil
Citation Network or the Chicago Westside Narcotics Diversion to Treatment
Initiative;
f. Co -responder and/or alternative responder models to address OUD-related 911
calls with greater SUD expertise and to reduce perceived barriers associated with
law enforcement 911 responses; or
g.
County prosecution diversion programs, including diversion officer salary, only
for counties with a population of 50,000 or less. Any diversion services in matters
involving opioids must include drug testing, monitoring, or treatment.
2. Support pre-trial services that connect individuals with OUD and any co-occurring
SUD/MH conditions, co -usage, and/or co -addiction to evidence -informed treatment,
including MAT, and related services.
3. Support treatment and recovery courts for persons with OUD and any co-occurring
SUD/MH conditions, co -usage, and/or co -addiction, but only if these courts provide
referrals to evidence -informed treatment, including MAT.
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4. Provide evidence -informed treatment, including MAT, recovery support, or other
appropriate services to individuals with OUD and any co-occurring SUD/MH
conditions, co -usage, and/or co -addiction who are incarcerated in jail or prison.
5. Provide evidence -informed treatment, including MAT, recovery support, or other
appropriate services to individuals with OUD and any co-occurring SUD/MH
conditions, co -usage, and/or co -addiction who are leaving jail or prison have recently
left jail or prison, are on probation or parole, are under community corrections
supervision, or are in re-entry programs or facilities.
6. Support critical time interventions (CTI), particularly for individuals living with dual -
diagnosis OUD/serious mental illness, and services for individuals who face
immediate risks and service needs and risks upon release from correctional settings.
7. Provide training on best practices for addressing the needs of criminal -justice -
involved persons with OUD and any co-occurring SUD/MH conditions, co -usage,
and/or co -addiction to law enforcement, correctional, or judicial personnel or to
providers of treatment, recovery, case management, or other services offered in
connection with any of the strategies described in this section.
E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND
THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE
SYNDROME
Address the needs of pregnant or parenting women with OUD and any co-occurring
SUD/MH conditions, co -usage, and/or co -addiction, and the needs of their families, including
babies with neonatal abstinence syndrome, through evidence -based, evidence -informed, or
promising programs or strategies that may include, but are not limited to, the following:
1. Support evidence -based, evidence -informed, or promising treatment, including MAT,
recovery services and supports, and prevention services for pregnant women — or
women who could become pregnant — who have OUD and any co-occurring SUD/MH
conditions, co -usage, and/or co -addiction, and other measures to educate and provide
support to families affected by Neonatal Abstinence Syndrome.
2. Provide training for obstetricians or other healthcare personnel that work with
pregnant women and their families regarding treatment of OUD and any co-occurring
SUD/MH conditions, co -usage, and/or co -addiction.
3. Provide training to health care providers who work with pregnant or parenting women
on best practices for compliance with federal requirements that children born with
Neonatal Abstinence Syndrome get referred to appropriate services and receive a plan
of safe care.
4. Provide enhanced support for children and family members suffering trauma as a
result of addiction in the family; and offer trauma -informed behavioral health
treatment for adverse childhood events.
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5. Offer enhanced family supports and home-based wrap-around services to persons with
OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction,
including but not limited to parent skills training.
6. Support for Children's Services — Fund additional positions and services, including
supportive housing and other residential services, relating to children being removed
from the home and/or placed in foster care due to custodial opioid use.
PART TWO: PREVENTION
F. PREVENT OVER -PRESCRIBING AND ENSURE APPROPRIATE
PRESCRIBING AND DISPENSING OF OPIOIDS
Support efforts to prevent over -prescribing and ensure appropriate prescribing and dispensing
of opioids through evidence -based, evidence -informed, or promising programs or strategies
that may include, but are not limited to, the following:
1. Training for health care providers regarding safe and responsible opioid prescribing,
dosing, and tapering patients off opioids.
2. Academic counter -detailing to educate prescribers on appropriate opioid prescribing.
3. Continuing Medical Education (CME) on appropriate prescribing of opioids.
4. Support for non -opioid pain treatment alternatives, including training providers to
offer or refer to multi -modal, evidence -informed treatment of pain.
5. Support enhancements or improvements to Prescription Drug Monitoring Programs
(PDMPs), including but not limited to improvements that:
a. Increase the number of prescribers using PDMPs;
b. Improve point -of -care decision-making by increasing the quantity, quality, or
format of data available to prescribers using PDMPs or by improving the
interface that prescribers use to access PDMP data, or both; or
c. Enable states to use PDMP data in support of surveillance or intervention
strategies, including MAT referrals and follow-up for individuals identified
within PDMP data as likely to experience OUD.
6. Development and implementation of a national PDMP — Fund development of a
multistate/national PDMP that permits information sharing while providing
appropriate safeguards on sharing of private health information, including but not
limited to:
a. Integration of PDMP data with electronic health records, overdose episodes,
and decision support tools for health care providers relating to OUD.
7
205
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
8
206
address mental health needs in young people that (when not properly addressed)
increase the risk of opioid or other drug misuse.
H. PREVENT OVERDOSE DEATHS AND OTHER HARMS
Support efforts to prevent or reduce overdose deaths or other opioid -related harms through
evidence -based, evidence -informed, or promising programs or strategies that may include,
but are not limited to, the following:
1. Increase availability and distribution of naloxone and other drugs that treat overdoses
for first responders, overdose patients, opioid users, families and friends of opioid
users, schools, community navigators and outreach workers, drug offenders upon
release from jail/prison, or other members of the general public.
2. Provision by public health entities of free naloxone to anyone in the community,
including but not limited to provision of intra -nasal naloxone in settings where other
options are not available or allowed.
3. Training and education regarding naloxone and other drugs that treat overdoses for
first responders, overdose patients, patients taking opioids, families, schools, and
other members of the general public.
4. Enable school nurses and other school staff to respond to opioid overdoses, and
provide them with naloxone, training, and support.
5. Expand, improve, or develop data tracking software and applications for
overdoses/naloxone revivals.
6. Public education relating to emergency responses to overdoses.
7. Public education relating to immunity and Good Samaritan laws.
8. Educate first responders regarding the existence and operation of immunity and Good
Samaritan laws.
9. Expand access to testing and treatment for infectious diseases such as HIV and
Hepatitis C resulting from intravenous opioid use.
10. Support mobile units that offer or provide referrals to treatment, recovery supports,
health care, or other appropriate services to persons that use opioids or persons with
OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction.
11. Provide training in treatment and recovery strategies to health care providers,
students, peer recovery coaches, recovery outreach specialists, or other professionals
that provide care to persons who use opioids or persons with OUD and any co-
occurring SUD/MH conditions, co -usage, and/or co -addiction.
12. Support screening for fentanyl in routine clinical toxicology testing.
9
207
PART THREE: OTHER STRATEGIES
I. FIRST RESPONDERS
In addition to items C8, Dl through D7, H1, H3, and H8, support the following:
1. Current and future law enforcement expenditures relating to the opioid epidemic.
2. Educate law enforcement or other first responders regarding appropriate practices and
precautions when dealing with fentanyl or other drugs.
J. LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, and coordination to abate the opioid epidemic
through activities, programs, or strategies that may include, but are not limited to, the
following:
1. Community regional planning to identify goals for reducing harms related to the
opioid epidemic, to identify areas and populations with the greatest needs for
treatment intervention services, or to support other strategies to abate the opioid
epidemic described in this opioid abatement strategy list.
2. A government dashboard to track key opioid -related indicators and supports as
identified through collaborative community processes.
3. Invest in infrastructure or staffing at government or not-for-profit agencies to support
collaborative, cross -system coordination with the purpose of preventing
overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any
co-occurring SUD/MH conditions, co -usage, and/or co -addiction, supporting them in
treatment or recovery, connecting them to care, or implementing other strategies to
abate the opioid epidemic described in this opioid abatement strategy list.
4. Provide resources to staff government oversight and management of opioid abatement
programs.
K. TRAINING
In addition to the training referred to in various items above, support training to abate the
opioid epidemic through activities, programs, or strategies that may include, but are not
limited to, the following:
1. Provide funding for staff training or networking programs and services to improve the
capability of government, community, and not-for-profit entities to abate the opioid
crisis.
2. Invest in infrastructure and staffing for collaborative cross -system coordination to
prevent opioid misuse, prevent overdoses, and treat those with OUD and any co-
occurring SUD/MH conditions, co -usage, and/or co -addiction, or implement other
10
208
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.
11
209
EXHIBIT B
Local
County Government % Allocation
Adams County
Adams County
Hatton
Lind
Othello
Ritzville
Washtucna
0.1638732475%
County Total: 0.1638732475%
Asotin County
Asotin County
Asotin
Clarkston
0.4694498386%
County Total: 0.4694498386%
Benton County
Benton County
Benton City
1.4848831892%
Kennewick
Prosser
0.5415650564%
Richland
West Richland
County Total:
Chelan County
Chelan County
Cashmere
0.4756779517%
0.0459360490%
2.5480622463%
0.7434914485%
Chelan
Entiat
Leavenworth
Wenatchee
0.2968333494%
County Total: 1.0403247979%
Clallam County
Clallam County
Forks
1.3076983401%
Port Angeles
Sequim
0.4598370527%
County Total: 1.7675353928%
210 *** Local Government appears in multiple counties B-1
EXHIBIT B
Local
County Government % Allocation
Clark County
Clark County 4.5149775326%
Battle Ground 0.1384729857%
Camas 0.2691592724%
La Center
Ridgefield
Vancouver 1.7306605325%
Washougal 0.1279328220%
Woodland***
Yacolt
County Total: 6.7812031452%
Columbia County
Columbia County
Dayton
Starbuck
0.0561699537%
County Total: 0.0561699537%
Cowlitz County
Cowlitz County
Castle Rock
Kalama
Kelso
Longview
Woodland***
1.7226945990%
0.1331145270%
0.6162736905%
County Total: 2.4720828165%
Douglas County
Douglas County
Bridgeport
0.3932175175%
Coulee Dam***
East Wenatchee
Mansfield
0.0799810865%
Rock Island
Waterville
County Total: 0.4731986040%
Ferry County
Ferry County
Republic
0.1153487994%
County Total: 0.1153487994%
*** - Local Government appears in multiple counties B-2
211
EXHIBIT B
Local
County Government % Allocation
Franklin County
Franklin County
Connell
Kahlotus
Mesa
Pasco
0.3361237144%
0.4278056066%
County Total: 0.7639293210%
Garfield County
Garfield County
Pomeroy
0.0321982209%
County Total: 0.0321982209%
Grant County
Grant County
Coulee City
0.9932572167%
Coulee Darn***
Electric City
Ephrata
George
Grand Coulee
Hartline
Krupp
Mattawa
Moses Lake
Quincy
0.2078293909%
Royal City
Soap Lake
Warden
Wilson Creek
County Total: 1.2010866076%
212*** - Local Government appears in multiple counties B-3
EXHIBIT B
Local
County Government % Allocation
Grays Harbor County
Grays Harbor County 0.9992429138%
Aberdeen 0.2491525333%
Cosmopolis
Elma
Hoquiam
McCleary
Montesano
Oakville
Ocean Shores
Westport
County Total: 1.2483954471%
Island County
Island County
Coupeville
0.6820422610%
Langley
Oak Harbor
County Total:
Jefferson County
Jefferson County
Port Townsend
0.2511550431%
0.9331973041%
0.4417137380%
County Total: 0.4417137380%
*** - Local Government appears in multiple counties B-4
213
EXHIBIT B
Local
County Government % Allocation
King County
King County
Algona
Auburn***
Beaux Arts Village
13.9743722662%
0.2622774917%
Bellevue
Black Diamond
1.1300592573%
Bothell*** 0.1821602716%
Burien 0.0270962921%
Carnation
Clyde Hill
Covington 0.0118134406%
Des Moines 0.1179764526%
Duvall
Enumclaw*** 0.0537768326%
Federal Way 0.3061452240%
Hunts Point
Issaquah 0.1876240107%
Kenmore 0.0204441024%
Kent 0.5377397676%
Kirkland 0.5453525246%
Lake Forest Park 0.0525439124%
Maple Valley 0.0093761587%
Medina
Mercer Island
Milton***
0.1751797481%
Newcastle
Normandy Park
0.0033117880%
North Bend
Pacific***
Redmond 0.4839486007%
Renton 0.7652626920%
Sammamish 0.0224369090%
SeaTac 0.1481551278%
Seattle 6.6032403816%
Shoreline 0.0435834501%
Skykomish
Snoqualmie 0.0649164481%
Tukwila 0.3032205739%
Woodinville
Yarrow Point
0.0185516364%
County Total: 26.0505653608%
214*** - Local Government appears in multiple counties B-5
EXHIBIT B
Local
County Government % Allocation
Kitsap County
Kitsap County 2.6294133668%
Bainbridge Island 0.1364686014%
Bremerton 0.6193374389%
Port Orchard 0.1009497162%
Poulsbo 0.0773748246%
County Total: 3.5635439479%
Kittitas County
Kittitas County
Cle Elum
0.3855704683%
Ellensburg 0.0955824915%
Kittitas
Roslyn
South Cle Elum
County Total: 0.4811529598%
Klickitat County
Klickitat County 0.2211673457%
Bingen
Goldendale
White Salmon
County Total:
0.2211673457%
Lewis County
Lewis County 1.0777377479%
Centralia 0.1909990353%
Chehalis
Morton
Mossyrock
Napavine
Pe Ell
Toledo
Vader
Winlock
County Total: 1.2687367832%
*** - Local Government appears in multiple counties B-6
215
EXHIBIT B
Local
County Government % Allocation
Lincoln County
Lincoln County
Almira
Creston
Davenport
Harrington
Odessa
0.1712669645%
Reardan
Sprague
Wilbur
County Total: 0.1712669645%
Mason County
Mason County 0.8089918012%
Shelton 0.1239179888%
County Total: 0.9329097900%
Okanogan County
Okanogan County
Brewster
Conconully
Coulee Dam***
0.6145043345%
Elmer City
Nespelem
Okanogan
Omak
Oroville
Pateros
Riverside
Tonasket
Twisp
Winthrop
County Total: 0.6145043345%
Pacific County
Pacific County
Ilwaco
0.4895416466%
Long Beach
Raymond
South Bend
County Total: 0.4895416466%
216 *** - Local Government appears in multiple counties B-7
EXHIBIT B
Local
County Government % Allocation
Pend Oreille County
Pend Oreille County
Cusick
lone
Metaline
Metaline Falls
Newport
0.2566374940%
County Total: 0.2566374940%
Pierce County
Pierce County 7.2310164020%
Auburn*** 0.0628522112%
Bonney Lake 0.1190773864%
Buckley
Carbonado
DuPont
Eatonville
Edgewood 0.0048016791%
Enumclaw*** 0.0000000000%
Fife 0.1955185481%
Fircrest
Gig Harbor 0.0859963345%
Lakewood 0.5253640894%
Milton***
Orting
Pacific* **
Puyallup
Roy
0.3845704814%
Ruston
South Prairie
Steilacoom
Sumner 0.1083157569%
Tacoma 3.2816374617%
University Place 0.0353733363%
Wilkeson
County Total: 12.0345236870%
San Juan County
San Juan County
Friday Harbor
0.2101495171%
County Total: 0.2101495171%
*** - Local Government appears in multiple counties B-8
217
EXHIBIT B
Local
County Government % Allocation
Skagit County
Skagit County 1.0526023961%
Anacortes 0.1774962906%
Burlington 0.1146861661%
Concrete
Hamilton
La Conner
Lyman
Mount Vernon
Sedro-Woolley
County Total:
0.2801063665%
0.0661146351%
1.6910058544%
Skamania County
Skamania County
North Bonneville
Stevenson
0.1631931925%
County Total: 0.1631931925%
Snohomish County
Snohomish County 6.9054415622%
Arlington 0.2620524080%
Bothell*** 0.2654558588%
Brier
Darrington
Edmonds 0.3058936009%
Everett 1.9258363241%
Gold Bar
Granite Falls
Index
Lake Stevens 0.1385202891%
Lynnwood 0.7704629214%
Marysville 0.3945067827%
Mill Creek 0.1227939546%
Monroe 0.1771621898%
Mountlake Terrace 0.2108935805%
Mukilteo 0.2561790702%
Snohomish 0.0861097964%
Stanwood
Sultan
Woodway
County Total: 11.8213083387%
*** -
218 Local Government appears in multiple counties B-9
EXHIBIT B
Local
County Government % Allocation
Spokane County
Spokane County
Airway Heights
5.5623859292%
Cheney
Deer Park
0.1238454349%
Fairfield
Latah
Liberty Lake
Medical Lake
0.0389636519%
Millwood
Rockford
Spangle
Spokane 3.0872078287%
Spokane Valley 0.0684217500%
Waverly
County Total: 8.8808245947%
Stevens County
Stevens County
Chewelah
0.7479240179%
Colville
Kettle Falls
Marcus
Northport
Springdale
County Total: 0.7479240179%
Thurston County
Thurston County
Bucoda
2.3258492094%
Lacey 0.2348627221%
Olympia 0.6039423385%
Rainier
Tenino
Tumwater 0.2065982350%
Yelm
County Total: 3.3712525050%
Wahkiakum County
Wahkiakum County
Cathlamet
0.0596582197%
County Total: 0.0596582197%
*** - Local Government appears in multiple counties B-10
219
EXHIBIT B
Local
County Government % Allocation
Walla Walla County
Walla Walla County
College Place
Prescott
Waitsburg
Walla Walla
County Total:
0.5543870294%
0.3140768654%
0.8684638948%
Whatcom County
Whatcom County 1.3452637306%
Bellingham 0.8978614577%
Blaine
Everson
Ferndale 0.0646101891%
Lynden 0.0827115612%
Nooksack
Sumas
County Total: 2.3904469386%
Whitman County
Whitman County
Albion
Colfax
Colton
Endicott
Farmington
Garfield
LaCrosse
0.2626805837%
Lamont
Malden
Oakesdale
Palouse
Pullman
Rosalia
0.2214837491%
St. John
Tekoa
Uniontown
County Total: 0.4841643328%
220*** Local Government appears in multiple counties B-11
EXHIBIT B
Local
County Government % Allocation
Yakima County
Yakima County 1.9388392959%
Grandview 0.0530606109%
Granger
Harrah
Mabton
Moxee
Naches
Selah
Sunnyside
Tieton
0.1213478384%
Toppenish
Union Gap
Wapato
Yakima
Zillah
0.6060410539%
County Total: 2.7192887991%
*** - Local Government appears in multiple counties B-12
221
EXHIBIT 4
Non -Exhaustive List of Expenditures that Qualify as Opioid Remediation
(Exhibit E of the Global Settlement)
222
FINAL AGREEM NT 3.25.22
EXH BIT E
List of 0 ioid Rem diation Uses
Schedule A
Core Strategies
States and Qualifying Block Grantees shall choose from am ng the abatem nt strategies listed in
Schedule B. However, priority shall be given to the following core abatem nt strategies ("Core
Strategies").14
A. NALO E 0 0 R FDA-APPRO ED DRUG TO
REVERSE 0 IO D 0 ERDO ES
1. Expand training for first responders, schools, com unity
support groups and fam lies; and
2. Increase distribution to individuals who are uninsured or
whose insurance does not cover the needed service.
B. M DICATIO -ASSISTED TREATM NT ("M T")
DISTRIBUTIO AND 0 H R 0 IO D -RELATED
TREATM NT
1. Increase distribution of M T to individuals who are
uninsured or whose insurance does not cover the needed
service;
2. Provide education to school-based and youth -focused
program that discourage or prevent m suse;
3. Provide M T education and awareness training to
healthcare providers, EM s, law enforcem nt, and other
first responders; and
4. Provide treatm nt and recovery support services such as
residential and inpatient treatm nt, intensive outpatient
treatm nt, outpatient therapy or counseling, and recovery
housing that allow or integrate m dication and with other
support services.
14 As used in this Schedule A, words like "expand," "fund," "provide" or the like shall not indicate a preference for
new or existing program .
E-1
223
FINAL AGREEM NT 3.25.22
C. PREG ANT & PO TPARTUM WOMEN
1. Expand Screening, Brief Intervention, and Referral to
Treatm nt ("SBIRT') services to non -M dicaid eligible or
uninsured pregnant worn n;
2. Expand corn rehensive evidence -based treatm nt and
recovery services, including M T, for worn n with co-
occurring Opioid Use Disorder ("OUD") and other
Substance Use Disorder ("SUD")/M ntal Health disorders
for uninsured individuals for up to 12 m nths postpartum
and
3. Provide com rehensive wrap-around services to individuals
with OUD, including housing, transportation, job
placem nt/training, and childcare.
D. EXPANDING TREATM NT FO NEO ATAL
ABSTINENCE SYNDRO ("NAS")
1. Expand corn rehensive evidence -based and recovery
support for NAS babies;
2. Expand services for better continuum of care with infant -
need dyad; and
3. Expand long-term treatm nt and services for m dical
m nitoring of NAS babies and their fam lies.
E. EXPANSIO 0 WARM H ND -O F PRO AM AND
RECO ERY SERVICES
1. Expand services such as navigators and on-call team to
begin M T in hospital em rgency departm nts;
2. Expand warm hand-off services to transition to recovery
services;
3. Broaden scope of recovery services to include co-occurring
SUD or m ntal health conditions;
4. Provide corn rehensive wrap-around services to individuals
in recovery, including housing, transportation, job
placem nt/training, and childcare; and
5. Hire additional social workers or other behavioral health
workers to facilitate expansions above.
E-2
224
FINAL AGREEM NT 3.25.22
F. TREATM NT FO INCARCERATED PO ULATIO
1. Provide evidence -based treatm nt and recovery support,
including M T for persons with OUD and co-occurring
SUD/M disorders within and transitioning out of the
crim nal justice system and
2. Increase funding for jails to provide treatm nt to inm tes
with OUD.
G. PREVENTIO PRO AM
1. Funding for m dia cam aigns to prevent opioid use (sim lar
to the FDA's "Real Cost" cam aign to prevent youth from
m susing tobacco);
2. Funding for evidence -based prevention program in
schools;
3. Funding for m dical provider education and outreach
regarding best prescribing practices for opioids consistent
with the 2016 CDC guidelines, including providers at
hospitals (academ c detailing);
4. Funding for com nity drug disposal program ; and
5. Funding and training for first responders to participate in
pre -arrest diversion program , post -overdose response
team , or sim lar strategies that connect at -risk individuals
to behavioral health services and supports.
H. EXPANDING SYRING SERVICE PRO AM
1. Provide corn rehensive syringe services program with
m re wrap-around services, including linkage to OUD
treatm nt, access to sterile syringes and linkage to care and
treatm nt of infectious diseases.
I. EVIDENCE -BASED DATA CO LECTIO AND
RESEARCH ANALYZING TH EFFECTIVENESS 0 TH
ABATEM NT STRATEG ES WITH N TH STATE
E-3
225
FINAL AGREEM NT 3.25.22
Schedule B
Approved Uses
Support treatm nt of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder
or M ntal Health (SUD/M ) conditions through evidence -based or evidence -inform d program
or strategies that m y include, but are not lin' ted to, the following:
PART ONE: TREATM NT
A. TREAT 0 IO D USE DISO DER (0 D)
Support treatm nt of Opioid Use Disorder ("OUD") and any co-occurring Substance Use
Disorder or M ntal Health ("SUD/M ") conditions through evidence -based or evidence -
inform d program or strategies that m y include, but are not lim ted to, those that:15
1. Expand availability of treatm nt for OUD and any co-occurring SUD/M
conditions, including all form of M dication-Assisted Treatm nt ("M T')
approved by the U.S. Food and Drug Adm nistration.
2. Support and reim urse evidence -based services that adhere to the Am rican
Society of Addiction M dicine ("ASAM ) continuum of care for OUD and any co-
occurring SUD/M conditions.
3. Expand telehealth to increase access to treatm nt for OUD and any co-occurring
SUD/M conditions, including M T, as well as counseling, psychiatric support,
and other treatm nt and recovery support services.
4. Im rove oversight of Opioid Treatm nt Program ("OTPs") to assure evidence -
based or evidence -inform d practices such as adequate m thadone dosing and low
threshold approaches to treatm nt.
5. Support m bile intervention, treatm nt, and recovery services, offered by
qualified professionals and service providers, such as peer recovery coaches, for
persons with OUD and any co-occurring SUD/M conditions and for persons
who have experienced an opioid overdose.
6. Provide treatm nt of traum for individuals with OUD (e.g., violence, sexual
assault, hum n trafficking, or adverse childhood experiences) and fam ly
m m ers (e.g., surviving fam ly m m ers after an overdose or overdose fatality),
and training of health care personnel to identify and address such traum .
7. Support evidence -based withdrawal m nagem nt services for people with OUD
and any co-occurring m ntal health conditions.
15 As used in this Schedule B, words like "expand," "fund," "provide" or the like shall not indicate a preference for
new or existing program .
E-4
226
FINAL AGREEM NT 3.25.22
8. Provide training on M T for health care providers, first responders, students, or
other supporting professionals, such as peer recovery coaches or recovery
outreach specialists, including telem ntoring to assist corn unity -based providers
in rural or underserved areas.
9. Support workforce developm nt for addiction professionals who work with
persons with OUD and any co-occurring SUD/M conditions.
10. Offer fellowships for addiction m dicine specialists for direct patient care,
instructors, and clinical research for treatm nts.
11. Offer scholarships and supports for behavioral health practitioners or workers
involved in addressing OUD and any co-occurring SUD/M or m ntal health
conditions, including, but not lim ted to, training, scholarships, fellowships, loan
repaym nt program , or other incentives for providers to work in rural or
underserved areas.
12. Provide funding and training for clinicians to obtain a waiver under the federal
Drug Addiction Treatm nt Act of 2000 ("DATA 2000") to prescribe M T for
OUD, and provide technical assistance and professional support to clinicians who
have obtained a DATA 2000 waiver.
13. Dissem nate of web -based training curricula, such as the Am rican Academ of
Addiction Psychiatry's Provider Clinical Support Service—Opioids web -based
training curriculum and m tivational interviewing.
14. Develop and dissem nate new curricula, such as the Am rican Academ of
Addiction Psychiatry's Provider Clinical Support Service for M dication—
Assisted Treatm nt.
B. SUPPO T PEO LE IN TREATM NT AND RECO ERY
Support people in recovery from OUD and any co-occurring SUD/M conditions
through evidence -based or evidence -inform d program or strategies that m y include,
but are not lira ted to, the program or strategies that:
1. Provide corn rehensive wrap-around services to individuals with OUD and any
co-occurring SUD/M conditions, including housing, transportation, education,
job placem nt, job training, or childcare.
2. Provide the full continuum of care of treatm nt and recovery services for OUD
and any co-occurring SUD/M conditions, including supportive housing, peer
support services and counseling, com nity navigators, case m nagem nt, and
connections to corn nity-based services.
3. Provide counseling, peer -support, recovery case m nagem nt and residential
treatm nt with access to m dications for those who need it to persons with OUD
and any co-occurring SUD/M conditions.
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4. Provide access to housing for people with OUD and any co-occurring SUD/M
conditions, including supportive housing, recovery housing, housing assistance
program , training for housing providers, or recovery housing program that allow
or integrate FDA -approved m diation with other support services.
5. Provide corn nity support services, including social and legal services, to assist
in deinstitutionalizing persons with OUD and any co-occurring SUD/M
conditions.
6. Support or expand peer -recovery centers, which m y include support groups,
social events, corn uter access, or other services for persons with OUD and any
co-occurring SUD/M conditions.
7. Provide or support transportation to treatm nt or recovery program or services
for persons with OUD and any co-occurring SUD/M conditions.
8. Provide em loym nt training or educational services for persons in treatment for
or recovery from OUD and any co-occurring SUD/M conditions.
9. Identify successful recovery program such as physician, pilot, and college
recovery program , and provide support and technical assistance to increase the
num er and capacity of high-quality program to help those in recovery.
10. Engage non -profits, faith -based com nities, and corn nity coalitions to
support people in treatm nt and recovery and to support fam ly m ers in their
efforts to support the person with OUD in the fam ly.
11. Provide training and developm nt of procedures for governm nt staff to
appropriately interact and provide social and other services to individuals with or
in recovery from OUD, including reducing stigm .
12. Support stigm reduction efforts regarding treatm nt and support for persons with
OUD, including reducing the stigm on effective treatm nt.
13. Create or support culturally appropriate services and program for persons with
OUD and any co-occurring SUD/M conditions, including new Am ricans.
14. Create and/or support recovery high schools.
15. Hire or train behavioral health workers to provide or expand any of the services or
supports listed above.
C. CONNECT PEO LE WHO NEED H LP TO TH H LP TH Y NEED
(CO NECTIO S TO CARE)
Provide connections to care for people who have—or are at risk of developing—OUD
and any co-occurring SUD/M conditions through evidence -based or evidence -inform d
program or strategies that m y include, but are not lim ted to, those that:
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FINAL AGREEM NT 3.25.22
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 treatm nt.
2. Fund SBIRT program to reduce the transition from use to disorders, including
SBIRT services to pregnant wom n who are uninsured or not eligible for
M dicaid.
3. Provide training and long-term im lem ntation of SBIRT in key system (health,
schools, colleges, crim nal justice, and probation), with a focus on youth and
young adults when transition from m suse to opioid disorder is com n.
4. Purchase autom ted versions of SBIRT and support ongoing costs of the
technology.
5. Expand services such as navigators and on-call team to begin M T in hospital
em rgency departm nts.
6. Provide training for em rgency room personnel treating opioid overdose patients
on post -discharge planning, including coin nity referrals for M T, recovery
case m nagem nt or support services.
7. Support hospital program that transition persons with OUD and any co-occurring
SUD/M conditions, or persons who have experienced an opioid overdose, into
clinically appropriate follow-up care through a bridge clinic or sim lar approach.
8. Support crisis stabilization centers that serve as an alternative to hospital
em rgency departm nts for persons with OUD and any co-occurring SUD/M
conditions or persons that have experienced an opioid overdose.
9. Support the work of Em rgency M dical System , including peer support
specialists, to connect individuals to treatm nt or other appropriate services
following an opioid overdose or other opioid -related adverse event.
10. Provide funding for peer support specialists or recovery coaches in em rgency
departm nts, detox facilities, recovery centers, recovery housing, or sim lar
settings; offer services, supports, or connections to care to persons with OUD and
any co-occurring SUD/M conditions or to persons who have experienced an
opioid overdose.
11. Expand warm hand-off services to transition to recovery services.
12. Create or support school-based contacts that parents can engage with to seek
im diate treatm nt services for their child; and support prevention, intervention,
treatm nt, and recovery program focused on young people.
13. Develop and support best practices on addressing OUD in the workplace.
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14. Support assistance program for health care providers with OUD.
15. Engage non -profits and the faith com nity as a system to support outreach for
treatm nt.
16. Support centralized call centers that provide inform tion and connections to
appropriate services and supports for persons with OUD and any co-occurring
SUD/M conditions.
D. ADDRESS TH NEEDS 0 CRIM NAL JUSTICE-INVO VED PERSO S
Address the needs of persons with OUD and any co-occurring SUD/M conditions who
are involved in, are at risk of becom ng involved in, or are transitioning out of the
crim nal justice system through evidence -based or evidence -inform d program or
strategies that m y include, but are not lim ted to, those that:
1. Support pre -arrest or pre-arraignm nt diversion and deflection strategies for
persons with OUD and any co-occurring SUD/M conditions, including
established strategies such as:
1. Self -referral strategies such as the Angel Program or the Police Assisted
Addiction Recovery Initiative ("PAARI" );
2. Active outreach strategies such as the Drug Abuse Response Team
("DART') m del;
3. "Naloxone Plus" strategies, which work to ensure that individuals who
have received naloxone to reverse the effects of an overdose are then
linked to treatm nt program or other appropriate services;
4. Officer prevention strategies, such as the Law Enforcem nt Assisted
Diversion ("LEAD") m del;
5. Officer intervention strategies such as the Leon County, Florida Adult
Civil Citation Network or the Chicago W stside Narcotics Diversion to
Treatm nt Initiative; or
6. Co -responder and/or alternative responder m dels to address OUD-related
911 calls with greater SUD expertise.
2. Support pre-trial services that connect individuals with OUD and any co-
occurring SUD/M conditions to evidence -inform d treatm nt, including M T,
and related services.
3. Support treatm nt and recovery courts that provide evidence -based options for
persons with OUD and any co-occurring SUD/M conditions.
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FINAL AGREEM NT 3.25.22
4. Provide evidence -inform d treatm nt, including M T, recovery support, harm
reduction, or other appropriate services to individuals with OUD and any co-
occurring SUD/M conditions who are incarcerated in jail or prison.
5. Provide evidence -inform d treatm nt, including M T, recovery support, harm
reduction, or other appropriate services to individuals with OUD and any co-
occurring SUD/M conditions who are leaving jail or prison or have recently left
jail or prison, are on probation or parole, are under corn nity corrections
supervision, or are in re-entry program or facilities.
6. Support critical tim interventions ("CTI"), particularly for individuals living with
dual -diagnosis OUD/serious m ntal illness, and services for individuals who face
im diate risks and service needs and risks upon release from correctional
settings.
7. Provide training on best practices for addressing the needs of crim nal justice -
involved persons with OUD and any co-occurring SUD/M conditions to law
enforcem nt, correctional, or judicial personnel or to providers of treatment,
recovery, harm reduction, case m nagem nt, or other services offered in
connection with any of the strategies described in this section.
E. ADDRESS TH NEEDS 0 PREG ANT 0 PARENTING W N AND
THEIR FAM LIES, INCLUDING BABIES WITH NEO ATAL ABSTINENCE
SYNDRO
Address the needs of pregnant or parenting worn n with OUD and any co-occurring
SUD/M conditions, and the needs of their fam lies, including babies with neonatal
abstinence syndrom ("NAS"), through evidence -based or evidence -inform d program
or strategies that m y include, but are not lim ted to, those that:
1. Support evidence -based or evidence -inform d treatm nt, including M T,
recovery services and supports, and prevention services for pregnant women—or
worn n who could becom pregnant— holhave OUD and any co-occurring
SUD/M conditions, and other m asures to educate and provide support to
fam lies affected by Neonatal Abstinence Syndrom .
2. Expand com rehensive evidence -based treatm nt and recovery services, including
M T, for uninsured worn n with OUD and any co-occurring SUD/M
conditions for up to 12 m nths postpartum
3. Provide training for obstetricians or other healthcare personnel who work with
pregnant worn n and their fam lies regarding treatm nt of OUD and any co-
occurring SUD/M conditions.
4. Expand corn rehensive evidence -based treatm nt and recovery support for NAS
babies; expand services for better continuum of care with infant -need dyad; and
expand long-term treatm nt and services for m dical m nitoring of NAS babies
and their fam lies.
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FINAL AGREEM NT 3.25.22
5. Provide training to health care providers who work with pregnant or parenting
worn n on best practices for corn liance with federal requirem nts that children
born with NAS get referred to appropriate services and receive a plan of safe care.
6. Provide child and fam ly supports for parenting worn n with OUD and any co-
occurring SUD/M conditions.
7. Provide enhanced fam ly support and child care services for parents with OUD
and any co-occurring SUD/M conditions.
8. Provide enhanced support for children and fam ly m ers suffering traum as a
result of addiction in the fam ly; and offer traum -inform d behavioral health
treatm nt for adverse childhood events.
9. Offer horn -based wrap-around services to persons with OUD and any co-
occurring SUD/M conditions, including, but not lim ted to, parent skills
training.
10. Provide support for Children's Services—Fund additional positions and services,
including supportive housing and other residential services, relating to children
being rem ved from the horn and/or placed in foster care due to custodial opioid
use.
PART TW : PREVENTION
F. PREVENT 0 ER -PRESCRIBING AND ENSURE APPRO RIATE
PRESCRIBING AND DISPENSING 0 10 DS
Support efforts to prevent over -prescribing and ensure appropriate prescribing and
dispensing of opioids through evidence -based or evidence -inform d program or
strategies that m y include, but are not lim ted to, the following:
1. Funding m dical provider education and outreach regarding best prescribing
practices for opioids consistent with the Guidelines for Prescribing Opioids for
Chronic Pain from the U.S. Centers for Disease Control and Prevention, including
providers at hospitals (academ c detailing).
2. Training for health care providers regarding safe and responsible opioid
prescribing, dosing, and tapering patients off opioids.
3. Continuing M dical Education (CM ) on appropriate prescribing of opioids.
4. Providing Support for non -opioid pain treatm nt alternatives, including training
providers to offer or refer to m lti-m dal, evidence -inform d treatm nt of pain.
5. Supporting enhancem nts or im rovem nts to Prescription Drug M nitoring
Program ("PDM s"), including, but not lim ted to, im rovem nts that:
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FINAL AGREEM NT 3.25.22
1. Increase the num er of prescribers using PDM s;
2. Im rove point -of -care decision -m king by increasing the quantity, quality,
or form t of data available to prescribers using PDM s, by im roving the
interface that prescribers use to access PDM data, or both; or
3. Enable states to use PDM data in support of surveillance or intervention
strategies, including M T referrals and follow-up for individuals
identified within PDM data as likely to experience OUD in a m nner that
corn lies with all relevant privacy and security laws and rules.
6. Ensuring PDM s incorporate available overdose/naloxone deploym nt data,
including the United States Departm nt of Transportation's Em rgency Medical
Technician overdose database in a m nner that corn lies with all relevant privacy
and security laws and rules.
7. Increasing electronic prescribing to prevent diversion or forgery.
8. Educating dispensers on appropriate opioid dispensing.
G PREVENT M SUSE O 0 IO DS
Support efforts to discourage or prevent m suse of opioids through evidence -based or
evidence -inform d program or strategies that m y include, but are not lim ted to, the
following:
1. Funding m dia cam aigns to prevent opioid m suse.
2. Corrective advertising or affirm tive public education cam aigns based on
evidence.
3. Public education relating to drug disposal.
4. Drug take -back disposal or destruction program .
5. Funding com nity anti-drug coalitions that engage in drug prevention efforts.
6. Supporting corn nity coalitions in im lem nting evidence -inform d prevention,
such as reduced social access and physical access, stigm ireduction— ncluding
staffing, educational cam aigns, support for people in treatm nt or recovery, or
training of coalitions in evidence -inform d im lem ntation, including the
Strategic Prevention Fram work developed by the U.S. Substance Abuse and
M ntal Health Services Adm nistration ("SAM SA").
7. Engaging non -profits and faith -based corn nities as system to support
prevention.
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FINAL AGREEM NT 3.25.22
8. Funding evidence -based prevention program in schools or evidence -inform d
school and corn nity education program and cam aigns for students, fam lies,
school em loyees, school athletic program , parent -teacher and student
associations, and others.
9. School-based or youth -focused program or strategies that have dem nstrated
effectiveness in preventing drug m suse and seem likely to be effective in
preventing the uptake and use of opioids.
10. Create or support corn nity-based education or intervention services for
fam lies, youth, and adolescents at risk for OUD and any co-occurring SUD/M
conditions.
11. Support evidence -inform d program or curricula to address m ntal health needs
of young people who m y be at risk of m susing opioids or other drugs, including
em tional m dulation and resilience skills.
12. Support greater access to m ntal health services and supports for young people,
including services and supports provided by school nurses, behavioral health
workers or other school staff, to address m ntal health needs in young people that
(when not properly addressed) increase the risk of opioid or another drug m suse.
H PREVENT 0 ERDO E DEATH AND 0 H R H RM (H RM REDUCTIO )
Support efforts to prevent or reduce overdose deaths or other opioid -related harms
through evidence -based or evidence -inform d program or strategies that m y include,
but are not lim ted to, the following:
1. Increased availability and distribution of naloxone and other drugs that treat
overdoses for first responders, overdose patients, individuals with OUD and their
friends and fam ly m ers, schools, corn nity navigators and outreach
workers, persons being released from jail or prison, or other m m ers of the
general public.
2. Public health entities providing free naloxone to anyone in the com nity.
3. Training and education regarding naloxone and other drugs that treat overdoses
for first responders, overdose patients, patients taking opioids, fam lies, schools,
corn nity support groups, and other m m ers of the general public.
4. Enabling school nurses and other school staff to respond to opioid overdoses, and
provide them with naloxone, training, and support.
5. Expanding, im roving, or developing data tracking software and applications for
overdoses/naloxone revivals.
6. Public education relating to em rgency responses to overdoses.
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FINAL AGREEM NT 3.25.22
7. Public education relating to im nity and Good Sam ritan laws.
8. Educating first responders regarding the existence and operation of im nity and
Good Sam ritan laws.
9. Syringe service program and other evidence -inform d program to reduce harm
associated with intravenous drug use, including supplies, staffing, space, peer
support services, referrals to treatm nt, fentanyl checking, connections to care,
and the full range of harm reduction and treatm nt services provided by these
program .
10. Expanding access to testing and treatm nt for infectious diseases such as HIV and
Hepatitis C resulting from intravenous opioid use.
11. Supporting m bile units that offer or provide referrals to harm reduction services,
treatm nt, recovery supports, health care, or other appropriate services to persons
that use opioids or persons with OUD and any co-occurring SUD/M conditions.
12. Providing training in harm reduction 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/M conditions.
13. Supporting screening for fentanyl in routine clinical toxicology testing.
PART THREE: OTHER STRATEGIES
I. FIRST RESPO DERS
In addition to item in section C, D and H relating to first responders, support the
following:
1. Education of law enforcem nt or other first responders regarding appropriate
practices and precautions when dealing with fentanyl or other drugs.
2. Provision of wellness and support services for first responders and others who
experience secondary traum associated with opioid -related em rgency events.
J. LEADERSH P, PLANNING AND CO DINATIO
Support efforts to provide leadership, planning, coordination, facilitations, training and
technical assistance to abate the opioid epidem c through activities, program , or
strategies that m y include, but are not lim ted to, the following:
1. Statewide, regional, local or com nity regional planning to identify root causes
of addiction and overdose, goals for reducing harm related to the opioid
epidem c, and areas and populations with the greatest needs for treatm nt
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FINAL AGREEM NT 3.25.22
intervention services, and to support training and technical assistance and other
strategies to abate the opioid epidem c described in this opioid abatem nt strategy
list.
2. A dashboard to (a) share reports, recom ndations, or plans to spend opioid
settlem nt funds; (b) to show how opioid settlem nt funds have been spent; (c) to
report program or strategy outcom s; or (d) to track, share or visualize key opioid -
or health-related indicators and supports as identified through collaborative
statewide, regional, local or corn nity processes.
3. Invest in infrastructure or staffing at governor nt or not-for-profit agencies to
support collaborative, cross -system coordination with the purpose of preventing
overprescribing, opioid m suse, or opioid overdoses, treating those with OUD and
any co-occurring SUD/M conditions, supporting them in treatm nt or recovery,
connecting them to care, or im lem nting other strategies to abate the opioid
epidem c described in this opioid abatem nt strategy list.
4. Provide resources to staff governm nt oversight and m nagem nt of opioid
abatem nt program .
K TRAINING
In addition to the training referred to throughout this docum nt, support training to abate
the opioid epidem c through activities, program , or strategies that m y include, but are
not lira ted to, those that:
1. Provide funding for staff training or networking program and services to im rove
the capability of governm nt, corn nity, and not-for-profit entities to abate the
opioid crisis.
2. Support infrastructure and staffing for collaborative cross -system coordination to
prevent opioid m suse, prevent overdoses, and treat those with OUD and any co-
occurring SUD/M conditions, or im lem nt other strategies to abate the opioid
epidem c described in this opioid abatem nt strategy list (e.g., health care,
prim ry care, pharm cies, PDM s, etc.).
L. RESEARCH
Support opioid abatem nt research that m y include, but is not lim ted to, the following:
1. M nitoring, surveillance, data collection and evaluation of program and
strategies described in this opioid abatem nt strategy list.
2. Research non -opioid treatm nt of chronic pain.
3. Research on im roved service delivery for m dalities such as SBIRT that
dem nstrate prom sing but m xed results in populations vulnerable to
opioid use disorders.
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FINAL AGREEM NT 3.25.22
4. Research on novel harm reduction and prevention efforts such as the
provision of fentanyl test strips.
5. Research on innovative supply-side enforcem nt efforts such as im roved
detection of m it -based delivery of synthetic opioids.
6. Expanded research on swift/certain/fair m dels to reduce and deter opioid
m sure within crim nal justice populations that build upon prom sing
approaches used to address other substances (e.g., Hawaii HOPE and
Dakota 24/7).
7. Epidem ological surveillance of OUD-related behaviors in critical
populations, including individuals entering the crim nal justice system
including, but not lim ted to approaches m deled on the Arrestee Drug
Abuse M nitoring ("ADAM ) system
8. Qualitative and quantitative research regarding public health risks and
harm reduction opportunities within illicit drug m rkets, including surveys
of m rket participants who sell or distribute illicit opioids.
9. Geospatial analysis of access barriers to M T and their association with
treatm nt engagem nt and treatm nt outcom s.
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Exhibit F
Subdivision Settlem nt Participation Form
Governmental Entity:
tate:
Authorized Official:
Address 1:
Address 2:
City, State, Zip:
Phone:
Em il:
The governm ntal entity identified above ("Governmental Entity"), in order to obtain and in
consideration for the benefits provided to the Governm ntal Entity pursuant to the Settlem nt
Agreem nt dated M y 2, 2022 ("Distributors W shington Settlement"), and acting through the
undersigned authorized official, hereby elects to participate in the Distributors W shington
Settlem nt, release all Released Claim against all Released Entities, and agrees as follows.
1. The Governm ntal Entity is aware of and has reviewed the Distributors W shington
Settlem nt, including the Distributor Global Settlem nt Agreem nt dated July 21, 2021
("Global Settlement") attached to the Distributors W shington Settlem nt as Exhibit H,
understands that all term in this Participation Form have the m anings defined therein,
and agrees that by signing this Participation Form the Governm ntal Entity elects to
participate in the Distributors W shington Settlem nt and becom a Participating
Subdivision as provided therein.
2. The Governm ntal Entity shall, within 14 days of October 1, 2022 and prior to the filing
of the Consent Judgm nt, secure the dism ssal with prejudice of any Released Claim that
it has filed.
4. The Governm ntal Entity agrees to the term of the Distributors W shington Settlem nt
pertaining to Subdivisions as defined therein.
5. By agreeing to the term of the Distributors W shington Settlem nt and becom ng a
Releasor, the Governm ntal Entity is entitled to the benefits provided therein, including,
if applicable, m netary paym nts beginning after Decem er 1, 2022.
6. The Governm ntal Entity agrees to use any m vies it receives through the Distributors
W shington Settlem nt solely for the purposes provided therein.
7. The Governm ntal Entity subm is to the jurisdiction of the W shington Consent
Judgm nt Court for purposes lim ted to that court's role as provided in, and for resolving
disputes to the extent provided in, the Distributors W shington Settlem nt. The
Governm ntal Entity likewise agrees to arbitrate before the National Arbitration Panel as
provided in, and for resolving disputes to the extent otherwise provided in the
Distributors W shington Settlem nt.
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238
8. The Governm ntal Entity has the right to enforce the Distributors W shington Settlem nt
as provided therein.
9. The Governm ntal Entity, as a Participating Subdivision, hereby becom s a Releasor for
all purposes in the Distributors W shington Settlem nt, including, but not lim ted to, all
provisions of Section XI of the Global Settlem nt, and along with all departm nts,
agencies, divisions, boards, corn ssions, districts, instrum ntalities of any kind and
attorneys, and any person in their official capacity elected or appointed to serve any of
the foregoing and any agency, person, or other entity claim ng by or through any of the
foregoing, and any other entity identified in the definition of Releasor, provides for a
release to the fullest extent of its authority. As a Releasor, the Governm ntal Entity
hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim
or to cause, assist or perm t to be brought, filed, or claim d, or to otherwise seek to
establish liability for any Released Claim against any Released Entity in any forum
whatsoever. The releases provided for in the Distributors W shington Settlem nt are
intended by the Agreem nt Parties to be broad and shall be interpreted so as to give the
Released Entities the broadest possible bar against any liability relating in any way to
Released Claim and extend to the full extent of the power of the Governm ntal Entity to
release claim . The Distributors W shington Settlem nt shall be a com lete bar to any
Released Claim
10. The Governm ntal Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Distributors W shington Settlem nt.
11. In connection with the releases provided for in the Distributors W shington Settlem nt,
each Governm ntal Entity expressly waives, releases, and forever discharges any and all
provisions, rights, and benefits conferred by any law of any state or territory of the
United States or other jurisdiction, or principle of corn n law, which is sim lar,
comparable, or equivalent to § 1542 of the California Civil Code, which reads:
G neral Release; extent. A general release does not extend to claim that
the creditor or releasing party does not know or suspect to exist in his or
her favor at the tim of executing the release, and that if known by him or
her would have m terially affected his or her settlem nt with the debtor or
released party.
A Releasor m y hereafter discover facts other than or different from those which it
knows, believes, or assum s to be true with respect to the Released Claim , but each
Governm ntal Entity hereby expressly waives and fully, finally, and forever settles,
releases and discharges, upon the date the Distributors W shington Settlem nt becom s
effective pursuant to Section II.B of the Distributors W shington Settlem nt, any and all
Released Claim that m y exist as of such date but which Releasors do not know or
suspect to exist, whether through ignorance, oversight, error, negligence or through no
fault whatsoever, and which, if known, would m terially affect the Governm ntal
Entities' decision to participate in the Distributors W shington Settlem nt.
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239
12. Nothing herein is intended to m dify in any way the term of the Distributors
W shington Settlem nt, to which Governm ntal Entity hereby agrees. To the extent this
Participation Form is worded differently from Exhibit F to the Distributors W shington
Settlem nt or interpreted differently from the Distributors W shington Settlem nt in any
respect, the Distributors W shington Settlem nt controls.
I have all necessary power and authorization to execute this Participation Form on behalf of the
Governm ntal Entity.
Signature:
Nam :
Title:
Date:
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240
Washington Distributor
Settlement
August 8, 2022 presentation
Jeff Rupert, Washington AGO
The AGO's lawsuit against the
distributors
to The AGO filed suit against AmerisourceBergen,
Cardinal Health, and McKesson
• Nuisance and consumer protection claims
► Huge amount of document and data in discovery
► 6 -month trial in King County Superior Court
► Settled at close of evidence
Overview of settlement
Up to $518 million payable over 17 years
$430 million must be spent on combatting the
opioid epidemic
Attorney General is directing an additional $46
million in attorneys' fees to opioid spending by
the State.
Remainder is attorneys' fees.
Who must join the settlement for it
become effective?
I► 125 local governments listed in the settlement
All 37 jurisdictions that filed a lawsuit must join
90% of the local governments with a population
over 10,000 that did not file a lawsuit must join
All other states have approved
Washington settlement structure is very similar to
the national distributor settlement that 48 other
states and local governments joined
No other State and its local governments have
decided not to approve the national settlement
How a city or county can join the
settlement
10- Sign and return the Participation Form
Deadline is September 23, 2022
Return form to comopioidsc«esC atg.wa:
What happens if not enough cities and
counties join the settlement?
If not enough local governments join by
September 23, 2022, the settlement is void
* No one gets any of the settlement money
► As of 8/8, only 17 out of 125 eligible local
governments have returned the Participation
Form
The national distributor settlement is
part of Washington's settlement
The national distributor settlement is
incorporated into the Washington settlement as
Exhibit H
The terms and conditions in the national
settlement apply to Washington
How will the money be split between
the State and the local governments?
4► The State and attorneys representing the local
governments have agreed in principle to 50% local
government/50% State split of the up to $430
million abatement amount
► The local governments will receive up to $215
million payable over 17 years
Why is the local government share "up
to" $215 million?
No The Washington and national settlement have
base and incentive payment structures
• If less than 100% of the non -litigating local
governments join, the settlement payments are
less
► If a local government later files a lawsuit against
the distributors, the settlement payments are less
and the payments may be delayed
How to join the Allocation Agreement
io The Allocation Agreement has not yet been
finalized, but will be sent to the local
governments soon
• Sign the Allocation Agreement and return the
signature page to
The threshold for the Allocation Agreement to be
effective is in Exhibit 0 of the national settlement
agreement
How are the local governments dividing
their share?
No The One Washington MOU that Keller Rohrback
circulated will be used to divide the local
government share
The Allocation Agreement makes a few changes to
the One Washington MOU for the Distributor
settlement
How to calculate the share your city or
county would receive
t Exhibit B of the One Washington MOU lists the
percentage that each eligible local government will
receive
or Percentages based on population adjusted for
proportionate share of the impact of the opioid
epidemic
► A local government's share can calculated by
multiplying $215 million and that local government's
percentage in Exhibit B
Attorneys' fees of 15% then need to be deducted, but
this will not occur in later payment years as some of
these fees are being paid via the settlement
How to join the One Washington MOU
Sign the One Washington MOU
r Return the signature page to
comopioidscases@atg.wa.,_ . or Keller Rohrback
The threshold for the One Washington MOU to be
effective is in Exhibit 0 of the national settlement
agreement
A local government can decide to spend
settlement money or pool it with others
+► The One Washington MOU requires that each
region establish an Opioid Abatement Council to
oversee allocation, distribution, and spending
A local government can spend settlement money
itself or regionally
► Settlement funds must be spent on an Approved
Use for fighting the opioid epidemic per court
order
Spending and reporting requirements
Opioid spending must be spent on an Approved
Uses per court order
t Approved Uses are listed on Exhibit E of the
national settlement agreement
► The national settlement and settlement
administrator have reporting and tax cooperation
requirements
r All records must be retained and the Public
Records Act applies
To increase efficiency, please coordinate
your spending with the State's spending
110- The State's opioid spending is being coordinated
by HCA and DOH
$ Please discuss your spending plans with State and
regional counsels so that spending can be
coordinated
When do settlement payments start?
410- The first payment is due by December 1, 2022
Each of the 16 successive payment will be made
on July 15
Will the settlement payments be the
same each year?
40 - Settlement payments will not be the same but
will not vary greatly unless certain incentive
payments are not achieved. See Section IV and
Exhibit M of the national settlement
► The first payment on December 1, 2022 will be
approximately double the amount of the
remaining 16 payments
Other opioid bankruptcies
I* The Mallinckrodt and Purdue bankruptcies have
different requirements, and no sign on is required
for either
There may be future opioid settlements
Questions
0. Contact Jeff Rupert, the Complex Litigation
Division Chief, at 206-389-2116 or
Jeffrey. Ru pert@at. wa. o
0.- You also can contact
►
https://www.atg.wa.gov/distributors-.
settlemen has more information about the
settlement and the sign -on forms
262
TO:
City of Tukwila
Allan Ekberg, Mayor
Mayor's Office - David Cline, City Administrator
The City of opportunity, the community of choice
Mayor Ekberg
Councilmembers
FROM: David Cline, City Administrator
DATE: September 14, 2022
SUBJECT: City Administrator's Report
The City Administrator Report is meant to provide the Council, staff and community an update on
the activities of the City and on issues that concern Tukwila. Please let me know if you have any
questions or need additional information about any of the following items.
�. Intergovernmental Update
• Meetings with King County Councilmember Upthegrove: Mayor Ekberg and mayors from
other South King County cities met with King County Councilmember Dave Upthegrove on
August 29 to discuss Public Safety and August 31 to discuss the Lower Green River.
• King County City Managers/City Administrators Meeting: City Administrator David Cline
hosted the monthly King County City Managers/City Administrators meeting at the Tukwila
Justice Center on September 7. The meeting included a presentation from the King County
Drug Diversion Court, a roundtable discussion on budget processes, and updates from WCMA
and SCA.
• South King County Mobility Coalition Meeting: Community Development staff attended a
South King County Mobility Coalition meeting. King County Metro presented details
regarding the transition to free youth rides on transit spurred by the Move Washington
package. Metro has connected with Foster High staff to share information and ORCA cards.
II. Community Events
• Sunset Bat Walk: Green Tukwila partnered with Woodland Park Zoo and Bats Northwest to
bring a Sunset Bat Walk to TCC and discuss the importance of community science. The event
exceeded expectations with community interest and 25 people attended with 5 volunteers
leading the walk. Green Tukwila Continues to look for ways to bring more urban wildlife
education to Tukwila.
• Green Tukwila Park Stewardship:
o The Bhutanese Community Resource Center removed 500 -square -feet of English ivy from
Tukwila Park to prep the site for a fall tree planting.
Tukwila City Halt • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
263
City Administrator's Report
September 14, 2022
Page 2
o Partner in Employment lead a Green Job training crew of 16 youths for a week at Tukwila
Park, and the youth removed English ivy and mulched and planted young native plants,
while learning about the watershed and green job possibilities.
o Parks & Recreation staff member Olena Perry lead a work party for the Maritime
Highschool, Highline School District, 9th and 10th grade. The school spent the day learning
about the Duwamish Hill Preserve and removing Himalayan blackberry, Teasel, Queen
Anne's Lace, and Burdock, all invasive plants; the crew of 45 youth finished the day by
mulching and planting Oregon grape, young trees and walking to the top of the hill.
o All Green Tukwila fall work parties are online at www.Tukwilawa.gov/GreenTukwila.
Staff Updates
Public Safety
• CERT Academy: On September 9 Emergency Management started a CERT Academy for
Tukwila residents. This was made possible through an interagency partnership with the cities
of Des Moines and Burien. Classes will run on Thursday nights through October 13 at the
Burien Community Center and culminate with a disaster simulation on October 15 at South
King Fire and Rescue in Federal Way. Tukwila firefighters will be providing instruction to the
students.
Project Updates
• 2022 Annual Small Drainage Program
Estimated Completion: September2022
The contractor is working on 49th Ave S, completed 37th Ave S and will be moving to 48th Ave
S next. They are planning on completing construction by September 28, 2022.
• 42nd Ave S Bridge Replacement: The design for the 42nd Ave S Bridge Replacement
continues toward the 30% mark which is expected in early 2023. TranTech Engineering design
staff continues to research stormwater treatment options as the Washington Department of
Ecology has released new stormwater treatment guidelines. Project staff are continuing to
work with the parks department to select the location of the treatment areas.
• Story Walk Installations: Parks & Recreation staff Olena Perry and Matthew Austin worked
with the Children's Librarian at the Tukwila Library to install two story walks at local parks,
one at Riverton Park and the other at Cascade View Community Park.
Boards, Commissions and Committees
• Arts Commission: The next meeting is scheduled for September 28, 2022.
2 Resident position terms expire December 31, 2022.
No vacancies.
• Civil Service Commission: The next meeting is scheduled for September 15, 2022.
No terms set to expire in 2022.
No vacancies.
Phone: 206-4334800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
264
City Administrator's Report
September 14, 2022
Page 3
• COPCAB: The next meeting is scheduled for October 13, 2022.
1 Business Representative position term expires December 31, 2022.
1 Resident position term expires December 31, 2022.
1 School District Representative position term expires December 31, 2022.
VACANT: 2 Resident positions, 1 School District Representative and Student Representative.
• Equity & Social Justice Commission: The next meeting is scheduled for October 2, 2022.
1 City Employee position term expires December 31, 2022.
1 Education/Community position terms expires December 31, 2022.
2 Community Representative position terms expire December 31, 2022.
VACANT: 1 Community Representative and Student Representative. Two applications
received. Appointment recommendations are scheduled for October 3, 2022.
• Human Services Advisory Board: The next meeting is scheduled for mid-October.
1 Medical/Health position term expires December 31, 2022.
1 School District Representative position term expires December 31, 2022.
1 Resident position term expires December 31, 2022.
VACANT: 1 School District Representative and 1 Business Community Representative.
• Library Advisory Board: The next meeting is scheduled for October 4, 2022.
4 Resident position terms expire December 31, 2022.
VACANT: Student Representative.
• Lodging Tax Advisory Committee: The next meeting is scheduled for October 14, 2022.
All positions are 1 -year terms.
VACANT: 1 Business Collecting Tax Representative and 1 Funded by Tax Representative.
• Park Commission: The next meeting is scheduled for October 12, 2022.
2 Community position terms expire December 31, 2022.
VACANT: 1 Community Representative and Student Representative.
• Planning Commission: The next meeting is scheduled for September 22, 2022.
2 Resident position terms expire December 31, 2022.
No vacancies.
W. Responses to Council/Community Inquiries
Date of Inquiry
Inquiry
Response
August 22, 2022
Councilmember Sharp
The department PROS Plan calls for the
asked what major
development of a Senior and Youth Center and
projects does Parks
the Tukwila Pond site. However, with our
have on its agenda to
limited CIP budget, we have no major projects
present in the next year,
not involving
planned in this next biennium. We intend on
revisiting these and other major projects in
maintenance or current
structures.
2025-26.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA,gov • Website: TukwilaWA.gov
265
City Administrator's Report
September 14, 2022
Page 4
August 22, 2022
Councilmember Sharp
asked if Parks has
investigated ways to
make the Golf course
solvent. Has there been
any talk about having
that facility sold to a
private outfit to run?
Sold outright and taxing
the new entity?
Foster Golf Course continues to show growth in
annual rounds and earned revenue. The course
by itself is returning nearly every dollar in
General Fund investment via indirect cost
payments, sales tax inflows generated, and
surface water expenses covered that would
otherwise be General Fund expenditures. We
also know that it is an indispensable asset to
the community. For instance, during the
pandemic while many City services were
limited or paused, Foster Golf Links flourished -
experiencing an increase of 27% in annual
rounds between 2019 and 2021.
Staff have not explored scenarios that may
include selling Foster Golf Links to a private
party to operate or sold outright. However, in
2013, the then Finance and Safety Committee
was briefed regarding Foster Golf Links
Marketing and Operations. This overview
included a comparison of operational data for
select municipal and private golf courses, a
marketing work plan for Foster's identifying
strategies to retain, engage and attract
customers and consultant reports relating to
Auburn and Lynnwood's municipal golf
courses. Information was shared regarding the
pros and cons of various operational models
including 1) self -operation; 2) full-service
management contract; 3) concession
agreements; 4) lease/concession; 5) hybrid
contract.
Additionally, as recently as this past May, the
Community Services and Public Safety
Committee was briefed by staff on the
Operational Plan for Foster Golf Links which
included financial, performance, operations
and maintenance information.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA,gov • Website: TukwilaWA.gov
266
City Administrator's Report
September 14, 2022
Page 5
August 22, 2022
Councilmember Sharp
asked about reports of
criminal activity at
Codiga Park in the
evening, is there any
talk about adding
lighting there or
perhaps a gate that
blocks the parking at
the park in the evening.
Currently we have purchased a camera for this
park and allocated capital budget dollars in the
next biennium to add a gate with security to
lock at night.
August 22, 2022
Councilmember Sharp
The average cost of one event is $2,500. By
asked about the cost of
seeking out grants from the Washington
the "See You In the
Festivals and Events Association ($9,000) and
Park" events. Can the
Cascade Water Alliance ($1,000), we were able
events be combined to
to present this year's events to local
increase the number of
neighborhood residents at their local parks at
participants and
perhaps save
resources?
no cost to the city, other than staff time.
August 22, 2022
Councilmember Sharp
The city has reached out to King County Metro
asked about the plans
in the past and was not able to get a stop at
for a bus stop at the
TCC. We used to have a stop on Gateway Drive
Tukwila Community
and up by the corner market on 130th St. and
Center.
40th Ave. But both are now gone. As Laurel
noted in her 9/1 email, Councilmember
Hougardy is the City's representative on the
Regional Transit Committee and may have
some helpful background on this matter. We
will be reaching out to learn more.
Currently we do have a pilot service, Via, that
provides on -demand service from most of the
city as long as the pick-up OR final destination
is one of two locations: TCC and the light rail
station. We have promoted this on the City
website, as well as on social media channels
and through the school district.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
267
268
City of Tukwila - Public Works Fleet & Facilities
TOTAL PROJECT
MONTHLY Budget Report
(REVISED Budget; D-20 Plan Adopted by Council)
Life to Date Costs
as of September 2, 2022 (reconciled w/acctg thru March 2, 2022 GL)
COUNCIL REPORTING SUMMARY-
PUBLIC WORKS
Original Budget
Budget Transfers
Current Budget
Committed Bridget
Life to Date Cosh
Remain'g Committed Remaining Budget
A/E Services (Design & CA)
Permits/Fees
Construction
Construction (Tax)
Construction Related Costs
PM Services (incl Other Professional Svcs)
Contingency (incl Construction & Project)
$ 670,768
$ 130,000
$ 6,715,000
$ 662,618
$ 378,186
$ 350,000
$ 843,437
$ 85,500
$ 24,315
$ 945,451
$ 124,500
$ 94,572
$ 195,000
$ (469,338)
$ 756,268
$ 154,315
$ 7,660,451
$ 787,118
$ 472,758
$ 545,000
$ 374,099
$ 741,393
$ 135,275
$ 7,660,450
$ 764,500
$ 344,876
$ 538,442
$ -
$ 618,576
$ 115,275
$ 5,652,752
$ 538,210
$ 305,779
$ 458,308
$ -
$ 122,817
$ 20,000
$ 2,007,699
$ 226,289
$ 39,097
$ 80,133
$ -
$ 14,875
$ 19,040
$ 0
$ 22,618
$ 127,882
$ 6,558
$ 374,099
SUBTOTAL -CURRENT MANAGED PROJECT
$ 9,750,008
$ 1,000,000
$ 10,750,008
$ 10,184,935
$ 7,688,900
$ 2,496,035
$ 565,073
Previously Managed Svcs (Land,A/E,Bond,Demo)
$ 25,949,992
$ -
$ 25,949,992
$ 25,936,198
$ 25,936,198
$ -
$ 13,794
TOTAL -COMBINED PROJECT
$ 35,700,000
$ 1,000,000
$ 36,700,000
$ 36,121,133
$ 33,625,098
$ 2,496,035
$ 578,867
270
UPCOMING MEETINGS AND EVENTS
SEPTEMBER - OCTOBER 2022
City Council meetings and Council Committee meetings will be conducted in a hybrid model, with in-person and virtual attendance available.
SEP 19 MON
SEP 20 TUE
SEP 21 WED
SEP 22 THU
SEP 23 FRI
SEP 24 SAT
> Planning and Community
Development Committee
5:30 PM
City Hall - Hazelnut Room
Hybrid Meeting
➢Transportation and
Infrastructure Services
Committee
5:30 PM
6300 Building -Duwamish
Room on 2'd Floor
Hybrid Meeting
➢City Council Regular
Meeting
7:00 PM
City Hall Council Chambers
Hybrid Meeting
Planning Commission
6:30 PM
Tukwila Justice Center
Hybrid Meeting
" w
r
T
COMMUNITY TOWN HALL
Tukwila Police invite
residents, businesses,
business employees and
property owners to attend
this public meeting. Chief
Dreyer will be providing
updates on public safety,
Q&A session and more.
6:00 PM - 8:00 PM
Westfield Southcenter Mall
Sky Terrace (near AMC)
Click here for more
information.
TUKWILA INTERNATIONAL ALE
99
,. •
TUKWILA
INTERNATIONAL
BOULEVARD ACTION
COMMITTEE
TRASH PICK-UP DAY
For more information,
call Sharon Mannnnat
206-200-3616.
Tukwila Village e>
Farmers Market •
See above for more information.
Connecting to Our Creeks
FREE family -friendly event to
learn about the local ecosystem
of Longfellow Creek and other
neighborhood creeks - about
their water, plants, fish and
wildlife, and what we can do to
keep our creeks healthy.
6:30 PM — 8:00 PM
Duwamish Longhouse
4705 S Marginal Way SW,
Seattle
Click here to register.
SEP 26 MON
SEP 27 TUE
SEP 28 WED
SEP 29 THU
SEP 30 FRI
OCT 1 SAT
➢ Community Services and
Safety Committee
5:30 PM
City Hall - Hazelnut Room
Hybrid Meeting-
➢ Finance and Governance
Committee
5:30 PM
6300 Building - Duwamish
Room on 2"d Floor
Hybrid Meeting
➢City Council
Committee of the Whole
Meeting
7:00 PM
City Hall Council Chambers
Hybrid Meeting
s
z
,9oe
BUDGET TOWN HALL
The City Council will
convene a Budget Town
Hall focused on labor.
5:30 PM
City Hall Council
Chambers
Click here to join the
meeting virtually.
TRUC
eL L EATO CK
REROUToo__E_PROJoon ��rT��rT
UPDATE
CANCELLED
Give Blood =Save 3 Lives
.. 00 ov
_ . • _
DONATE BLOOD IN
SEPTEMBER AND
ENTER TO WIN A SET
OF APPLE AIRPODS
MAX WIRELESS
HEADPHONES
Your donation is critical! Our
community is dangerously
low on the platelets and
Type 0 blood needed to
supply each of the cancer
and surgery patients.
To schedule an
appointment,
call 1-800-398-7888.
Click here to schedule an
appointment online.
Tukwila Village 4
Farmers Market,
All communities welcome. The
Farmers Market accepts EBT
cards.
4:00 PM — 7:00 PM
Tukwila Village Plaza
14350 Tukwila Intl Blvd
➢Arts Commission
6:00 PM
Tukwila Community Center
YOU GOT NEXT BASKETBALL AND COMMUNITY FESTIVAL SATURDAY, SEP 17 10:00 AM - 5:00 PM
Free giveaways, inflatables, music, food, basketball activities for youth of all abilities, and more. Click here for more information and to register.
See flyer in other languages: Somali Espanol Tieng Viet
KALEIDOSCOPE PLAY AND LEARN STARTS ON OCT 7
Kaleidoscope Play & Learn groups offer parents and other caregivers the opportunity to support their children's early learning through everyday activities, and build
relationships with other participants. Registration opens each Monday of the week program is held. Click here to register your child.
POLICE DEPARTMENT HIRING PROCESS VOLUNTEERS NEEDED
Tukwila Police Department is seeking members of the community who are interested in volunteering with the Police Department hiring process as members of an
interview panel for selection of Police Department staff. Click here for more information and to apply.
THE CITY WANTS COMMUNITY FEEDBACK ON 2023-2024 BIENNIAL BUDGET
The new budget cycle will be challenging for the City. Revenues are slow to return to pre -pandemic levels. Inflation is at its highest level in 40 years, resulting in higher
costs for supplies, materials and wages. We have a budget tool that you can make budget adjustments. Your challenge is to develop a balanced budget.
Click here for more information.
DRIVE THRU PICK-UP 3118 S 140TH ST TUESDAYS, THURSDAYS AND SATURDAYS 10:00 AM - 2:00 PM
.7: 1;gcc VOLUNTEERS - In need of volunteers between 8 AM — 1 PM for food packaging Mondays, Wednesdays and Fridays and food distributions
Yrcin :27 Tuesdays, Thursdays and Saturdays. Click here to sign-up to volunteer. DONORS - Please donate at TukwilaPantry.org.
NEW TRANSPORTATION SERVICE TO TUKWILA COMMUNITY CENTER MON THRU SAT 5 AM -1 AM SUNDAYS 6 AM -12 AM
a KC Metro has launched a new pilot program that will provide on -demand transportation service from anywhere in Tukwila to the Tukwila Community Center.
Click here for more information and rates.
COVID-19 TESTING
King County Rapid, over the counter COVID tests are now widely available around King County. These tests are also known as home-based self -collected COVID tests or
antigen tests and provide results in 15 minutes. Click here for more information. Click here to find COVID testing sites by location in King County.
COVID-19 VACCINATION
All Washingtonians ages 5 and up are eligible to receive a COVID-19 vaccination—and now also babies and children 6 months and older. For more information, visit
Getting vaccinated in King County or call 206-477-3977. You can also search at vaccinelocator.doh.wa.gov Interpreters available for assistance. Telephone -to -text
relay service: Dial 711 or 1-800-833-6384. Tactile interpretation: seattledbsc.org.
KING
COUNTY
141
SOCIAL SECURITY WORKSHOP FOR SENIORS 55+
Learn about social security in an online workshop. The class will cover eligibility, early retirement, survivor benefits and more. Click here to register.
LIBRARY
_, S Y ST EM
GET HOMEWORK HELP FROM A TUTOR
Also get help to prepare for college entrance exams. Explore back -to -school resources for all ages on site. Click here for more information.
Students in grades K-12 can also connect to virtual homework help and resources with Study Zone Plus. Click here for more information.
FREE EMPLOYMENT SERVICES AND SKILLS TRAINING
Learn about the free services and programs provided by Puget Sound Training Center. Registration not required. Reasonable accommodation for people with disabilities per
request. Email access@kcls.org at least 7 days before the event. Click here for more information and multiple dates.
GET CERTIFIED AT YOUR LIBRARY FOR FREE!
Take free online classes, practice tests and Certiport certification exams. Get certified in MS Office, Adobe, QuickBooks, coding and more! You will need your KCLS
library card number and PIN to access some resources. Click here for more information and registration.
FREE TECH COURSES & EARN BELLEVUE COLLEGE CREDIT!
Take free tech courses from Cisco, and apply for college credit from Bellevue College. The courses are online, self -paced and free.
Click here for more information and register to enroll in the tech courses.
271
272
Tentative Agenda Schedule
MEETING 1 —
REGULAR
MEETING 2 —
C.O.W.
MEETING 3 —
REGULAR
MEETING 4 —
C.O.W.
SEPTEMBER
tih*
No Counc'I
L
due
*
H
BOR
or
to
*
4 P
k
Committee
the
5
*
P YLL
*
holiday.
meetings
SEPTEMBER 12
See below link for the agenda
packet to view the agenda items:
September 12, 2022
Committee of the Whole / Special
Meeting
SEPTEMBER 19
See below link for the agenda
packet to view the agenda items:
September 19, 2022
Regular Meeting
SEPTEMBER 26
SPECIAL ISSUES
- An update on Tourism and Lodging
Tax: 2023=2024 Biennial Budget and
Updated Six -Year Financial Plan.
Discussion on the acquisition of
additional School Zone Speeding
Cameras.
- Discussion on additional Parks Zone
Speeding Cameras.
- Discussion on the proposed 2023-
2024 Biennial Budget: Residential
and Arterial Streets.
- An Interlocal Agreement with the
Puget Sound Regional Fire Authority.
- A resolution adopting a policy for
naming or renaming City -owned
property; and repealing Resolution
No. 1400..
- Public Safety Plan fund budget.
- Proposed 2023-2024 Biennial
Budget: City Facilities (303 and 306
Funds).
- LEOFF 1 Retiree Health Care
Budget.
MEETING 1 —
REGULAR
MEETING 2 —
C.O.W.
MEETING 3 —
REGULAR
MEETING 4 —
C.O.W.
OCTOBER 3
APPOINTMENT
Confirm the appointments to Position
#9 and to the Student Representative
Position on the Equity and Social
Justice Commission, with terms
expiring December 31, 2023.
PRESENTATIONS
- Promotion of Fire Department
staff: Eric Dunkley to Fire Captain.
- Presentation of Mayor's Proposed
2023-2024 Biennial Budget.
CONSENT AGENDA
- Authorize the Mayor to sign a
contract for construction services
for the Green River Trail
Improvements Project.
- Authorize the Mayor to sign a
contract for consultant services for
a GIS Inventory — Water/Sewer, in
the amount of $200,000.00.
- Authorize the Mayor to sign
Amendment # 2 to Contract #21-
163 for the Chinook Wind Public
Access Project, in the amount of
$52,281.00.
- Authorize the Mayor to accept a
grant from the Department of
Ecology for the Stormwater
Management Action Plan in the
amount of $72,353.00 (local
match $10,853.00).
- Authorize the Mayor to accept a
grant from the Department of
Ecology for the Stormwater
Quality Retrofit Project in the
amount of $1,176,341.00 (local
match $176,451.00).
- Authorize the Mayor to sign a
contract for the City Hall Siding
Repairs Project in the amount of
$158,806.86.
UNFINISHED BUSINESS
- Authorize the acquisition of
additional School Zone Speeding
Cameras.
- Authorize the Mayor to sign an
Interlocal Agreement with the
Puget Sound Regional Fire
Authority.
- A resolution adopting a policy for
naming or renaming City -owned
property; and repealing Resolution
No. 1400.
- Urban Renewal Budget.
OCTOBER 10
SPECIAL ISSUES
- A resolution regarding Permit Fees.
- A contract for Microsoft Enterprise
Services.
OCTOBER 17
PRESENTATION
An update on the Small Business
Development Center at Highline
College.
CONSENT AGENDA
Authorize the Mayor to sign a contract
for Microsoft Enterprise Services in the
amount of $443,882.00.
UNFINISHED BUSINESS
A resolution regarding Permit Fees.
OCTOBER 24
SPECIAL ISSUES
An update on the Economic
Development Plan.
Special Meeting to follow
Committee of the Whole Meeting.