HomeMy WebLinkAbout2022/08/30 - Regular PacketBoard of Mason County Commissioners
Draft Meeting Agenda
Commission Chambers
411 N 5th St, Shelton, WA 98584
August 30, 2022
9:00 a.m.
Our Commission meetings are live streamed at http://www.masonwebtv.com/
Effective May 10, 2022, regular Commission business meetings will be held in-person and via Zoom.
Please click the Zoom meeting link posted on the Mason County homepage and use the “raise hand” feature to be
recognized by the Chair to provide your comments and testimony.
Public comment and testimony can be provided in -person, and you can also e-mail
msmith@masoncountywa.gov; mail in to the Commissioners’ Office at 411 N 5th St, Shelton, WA 98584; or call
(360) 427-9670 ext. 419.
If you need to listen to the Commission meeting via telephone, please provide your telephone number to the
Commissioners’ Office no later than 4:00 p.m. the Friday before the meeting.
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Correspondence and Organizational Business
4.1 Correspondence
4.2 News Release: Temporary Road Closure on Brockdale Road (Brockdale Cutoff) by Mike
Collins
5. Open Forum for Citizen Input – (3 minutes per person, 15-minute time limit)
Please see above options to provide public comment.
6. Adoption of Agenda
Items appearing on the agenda after “Item 10. Public Hearings” may be acted upon before 9:15 a.m.
7. Approval of Minutes – July 19, 2022 Commission Retreat Minutes; July 25, 2022 and August
1, 2022 Briefing Minutes; July 25, 2022 Finance Committee Minutes; and August 2, 2022
Regular Meeting Minutes
8. Approval of Action Agenda
Items listed under “Action Agenda” may be enacted by one motion unless a Commissioner or citizen
requests an item be removed from the Action Agenda and considered a separate item.
8.1 Approval of Warrants and Treasurer Electronic Remittances
Claims Clearing Fund Warrant # 8089912-8090198 $ 2,005,398.20
Direct Deposit Fund Warrant # 89644-90042 $ 789,471.59
Salary Clearing Fund Warrant # 7006852-7006876 $ 523,470.47
Treasurer Electronic Remittance $ -
8.2 Approval of the Resolution to increase the District Court Judge Pro Tempore and District Court
Commissioner hourly rate to $90.00/hour effective January 1, 2023.
8.3 Approval to participate in the Washington Counties Risk Pool (WCRP) optional $5 Million
excess of $20 Million policy.
8.4 Approval of the sole-source Resolution authorizing Public Works to execute a three-year
service contract with Huber Technology, Inc. for the annual maintenance of the Huber Fine
ROTAMAT Screens used at the Belfair Water Reclamation Facility.
8.5 Approval of the sole-source Resolution authorizing Public Works to purchase parts and repair
services from K Turbo for blowers at the Belfair Water Reclamation Facility.
8.6 Approval to set a Public Hearing for Tuesday, September 27, 2022 at 9:15 a.m. to consider the
2023 Annual Construction Program and 2023-2028 Six-Year Transportation Improvement
Program (TIP).
8.7 Approval of the Consolidated Homeless Grant (CHG) No. 22-46108-20 Amendment C and the
Professional Services Contract with Crossroads Housing Amendment 3 for the additional funds
in the amount of $98,098 for the period of July 1, 2022 through June 30, 2023 to support the
centralized rapid rehousing program and supportive services to reduce and prevent
homelessness.
8.8 Approval for the County Administrator to negotiate with the Lessor of the Belfair Landing
Commercial Complex and Mason County attorney to implement a 16-month extension contract.
8.9 Approval of the Resolution amending Resolution No. 49-13 for the election to receive Secure
Rural Schools and Community Self Determination Funding and Allocation of Title I, Title II,
and Title III funds.
8.10 Approval of the Resolution amending Resolution No. 32-18 to increase the Mason County
Utilities and Waste Management cash drawers from six to eight and increase the cash drawer
amount to $400 and increase the manager’s change bag to $500.
8.11 Approval to implement the Mason County Fire Marshal’s Office Burn Restrictions Policy.
8.12 Approval to appoint William Jensen, Steven Bass, and Caleb Cowles to the Historic
Preservation Commission to fill three vacant seats.
8.13 Approval to authorize Public Works to advertise, set bid opening dates/times, award contracts,
and allow the Chair to sign all pertinent documents for the Call for Bids for routine Paint Line,
Asphalt Emulsion, Culvert Pipe and Lining, Manufacturing and Stockpiling of Chip Seal
Aggregate, and Asphaltic Materials for 2023.
8.14 Approval to authorize Public Works Deputy Director/County Engineer to extend the
agreements for Engineering & Designs Services for the Fish Barrier Correct Culvert Projects
with Exceltech Consulting, Inc. and extend and add an additional $15,000 for the Public Works
Facility Water/Wastewater System Design with Gibbs & Olson, and extend and add an
additional $25,000 for the Hydraulic/Hydrological Analysis for Lower Uncle John Creek
Project with Parametrix, Inc.; and approval to authorize the Public Works Deputy
Director/U&W Management to extend the On-Call Post Closure for Mason County Landfill
agreement with Parametrix and the Grinder Pump Service Maintenance agreement with Correct
Equipment.
8.15 Approval for the County Engineer to procure and execute agreements for Materials Testing and
Engineering and Construction services from the County MRSC Consultant Roster; each
agreement will be for two years with one automatic one-year renewal and a maximum payout
for each service agreement not to exceed $200,000.
8.16 Approval to reappoint Don Pogreba and Tim Lincoln for a three-year term and Philip Wolff for
two-year term on the Transportation Improvement Program Citizen Advisory Panel (TIP-CAP).
8.17 Approval for the Chair to sign the Allocation Agreement Governing the Allocation of Funds
Paid by the Settling Opioid Distributors in Washington State, Subdivision Settlement
Participation Form, and the One Washington Memorandum of Understanding between
Washington Municipalities.
8.18 Approval to post and fill a Lead Planner position through December 2022.
9. Other Business (Department Heads and Elected Officials)
10. 9:15 a.m. Public Hearings and Items Set for a Certain Time
Please see above options to provide public testimony.
No Public Hearings set at this time.
11. Board’s Calendar and Reports
12. Adjournment
NEWS RELEASE
August 30, 2022
MASON COUNTY COMMISSIONERS’ OFFICE
411 N 5TH ST, BLDG 1, SHELTON, WA 98584
TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN,
SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF
COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT
COUNCIL, THE SUN
RE: Temporary Road Closure on Brockdale Road (Brockdale Cutoff)
Mason County Public Works is advising motorists of a scheduled daily road closure on a
portion of Brockdale Road, weather permitting. The closure is scheduled for Wednesday,
September 7 and Thursday, September 8, 2022 from 7:00 a.m. to 3:30 p.m. from milepost
4.8 (known as Brockdale Cutoff) to milepost 6.27 (intersection with Highway 101). The
closure will allow County crews to safely perform chip seal maintenance activities.
Reader boards will be stationed approximately a week before maintenance activities begin.
Local access, school buses, and emergency vehicles will be permitted. Patience and
understanding during this temporary road closure is appreciated.
If you have any questions, please contact Public Works at (360) 427-9670 ext. 450.
BOARD OF MASON COUNTY COMMISSIONERS
______________________
Kevin Shutty,
Chair
______________________
Sharon Trask,
Vice-Chair
______________________
Randy Neatherlin,
Commissioner
Board of Mason County Commissioners
Proceedings
Commission Chambers
411 N 5th St, Shelton, WA 98584
July 19, 2022
1. Discuss Commissioners Areas of Focus
Mark Neary explained that this is the beginning of the priority process and that the priorities of other
Elected Officials will be included. The purpose of the 2022 Project Priority List is to align the
priorities of both the Commission and its departments over a timeframe of the next two years.
Cmmr. Shutty shared that his top priorities are: re-engaging in strategic planning by utilizing County
staff and collaborating with other Elected Officials and knowing the key performance indicators for
measurement of County goals for accountability; looking at how the County plans to formalize the
legislative priority for the 2023 Legislative Session and beyond; making County planning and budget
documents more accessible, meaningful, and transparent to the public as well as making them more
useful internally; creating a budget/financial dashboard; and examining codes and Capital Facilities
Plans and making that information easy to access and understand;
Cmmr. Trask included updating County policies to make them current; using Munis throughout the
County; bettering County parks; utilizing Office 365; and making Mason County more productive,
efficient, and transparent in her priorities.
Cmmr. Neatherlin discussed meeting with departments on a more routine basis. Priorities to focus on
include bringing more services to North Mason; updating and unifying codes for building and
planning, sewer, and roads; establishing a master utility plan; concentrating on continuing to bring up
new and/or needed priorities; establishing new roads; and investing some of the excess County funds
into these priority projects. Also suggested was meeting with staff for a two-hour period after the
regular Commissioner meeting to discuss priorities.
2. Budget Office – Jennifer Beierle
1. American Rescue Plan Act (ARPA) funding distributed. The County has $13 million in ARPA
funds to distribute by 2024.
2. Chart of Accounts revision/crosswalk. The new goal for implementation is January 1, 2023. Munis
will be upgraded in October of 2023, if this is not complete by that date it will have to be restarted.
The daily goal is to simplify the budget to make it more understandable. A staff person with time
and understanding of Munis specifically the Budgetary Accounting and Reporting System (BARS),
State Auditor’s Office, and the current Chart of Accounts is needed. The conversion cost is $28k
and includes a “transparency” module that will allow the public to view accounts and payments.
Munis will need 45 days from the completion date of the crosswalk. Subsidiary system, such as
Odyssey and SmartGov, crosswalks also need completed. The deadline to know if the goal for
implementation will be met is September 30, 2022. The Commissioners would like to be briefed on
this about twice a month.
3. Position control.
4. Consolidate MP department into Facilities.
5. Consolidate Murder Expense department into Non-Departmental.
6. Revisions to the Purchasing Policy.
7. Motor Pool written policy and procedures.
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8. ExecuTime purchase and implementation. ExecuTime can be implemented once the Chart of
Accounts crosswalk is complete. This will help departments such as the Sheriff’s Office, Facilities,
Public Health, and Public Works move away from the Excel timesheets.
9. Help Public Works and Health departments transition to Munis modules.
3. Central Services Administration – Diane Zoren
1. Streamline agenda process. The amended Operating Guidelines will be briefed in August and will
include Briefing and Regular meetings requiring documents to be submitted only once. If approved
in Briefing, the item will be moved forward by the Clerk of the Board. Departments need to ensure
all proper reviews (legal, human resources, budget, etc.) have been done and a new Agenda Request
Form has been created. Only one paper copy will be necessary. Cmmr. Neatherlin asked about a
checklist for individuals to use when their Briefing item needs additional information before it can
move forward. Cmmr. Trask and Cmmr. Shutty discussed late packets. Loretta Swanson asked if
certain items, for example Private Line Occupancy Permits, could be given to an administrator to
process and report on. Cmmr. Neatherlin would like all items that concern legislative authority or
County business to go before the Board.
2. Public records management. 25 boxes have been sent to State Archives. Staff will continue to
purge and archive paper and electronic records.
3. Expand use of Laserfiche. Utilize Laserfiche to its fullest.
4. Train backup for Lodging Tax process.
5. Succession planning. Train employee(s) on Current Use, Lodging Tax, etc. to plan for staff
retirement in 2023/2024.
6. Create policy and procedures for all Central Services departments.
4. Community Development – Kell Rowen
1. Provide monthly reports to Commission. The goal is to brief monthly on permits, financials, and
turnaround times. Permit applicants are asked to bring items in digitally to help with efficiency.
Cmmr. Trask asked for a timeline and a workflow between departments.
2. Scanning project phase one. ARPA funds are being requested to hire two additional temporary
staff. Phase 1 is identifying record types, retention schedules, retention locations, and naming
conventions. Phase 2 is cleaning out parcel files and placing names on documents to tell scanner
what/where/when. Phase 3 is scanning. Currently between Phase 1 and 2. IT has been included
regarding equipment and cloud storage which would cost around $100,000. Hiring a company to
do scanning may not be ideal due to the vast number of records types but it will be looked into.
3. Scanning project phase two.
4. Scanning project phase three.
5. Revise and adopt Capital Facilities Plan and Six-Year Capital Improvement Plan. The Capital
Facilities Plan will be a 20-year plan with a six-year Capital Improvement Plan as a separate
document that can be updated annually.
6. Continue in-house training in the Building department. Training is Wednesday mornings.
7. Begin in-house training with the Permit Assistance Center.
8. Continue the Process Improvement Group.
9. Start formal SmartGov improvement group. Monthly SmartGov meetings are held and now include
Public Works, IT, Environmental Health, and Public Health staff. Bringing in a staff member from
SmartGov temporarily is also being looked into.
10. Bring in SmartGov service in-house.
11. Other. Kell is also looking at prioritizing regulating short-term rentals and county-wide impact
fees. Money will be received from the State next June to update the Comprehensive Plan which is
due by the end of 2025.
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5. Emergency Management – John Taylor
1. Emergency Operations Center (EOC) upgrade. This would put an Emergency Operations Center in
North Mason. Currently in negotiations with North Mason Fire Chief Beau Bakken to train staff to
activate the EOC. Wildfire season is coming up which is a challenge for Mason County. About a
month after fire season ends, winter storm season begins. Another concern is keeping equipment
up to date. Cmmr. Shutty would like this to be brought forward as a request using General Funds.
2. CMFE standby generator.
3. WM fire radios.
4. DEM Zoleo.
5. DEM emergency and disaster communications trailer.
6. DEM antennas for communications trailers.
7. NMRFA radio tower fiber connection.
8. NMRFA water tower generator.
9. Sheriff’s Office Autel Robotics EVO II.
10. DEM smart TVs and stands.
6. Facilities & Grounds – Kelly Frazier
1. Building 10 phase 2. When COVID restrictions are ended, the interior needs to be completed.
Phase 1.5 is days away from being done. An architect was selected.
2. Relocate facilities staff and fleet out of Mel property. Alternative locations are being considered.
Mark added that there is a need for a bigger elections space as well and asked if the County wants
to maintain a County “campus”.
3. Security system for all downtown County campuses. This would include updating panic buttons
and security system that would be compatible with County key cards for about $3,000.
4. New roofs for Building 6, 7, 8, and the Church-House. Priority would be Building 8, 7, 6, and the
Church-House buildings roofs.
5. Create a downtown training room. Once the modular is open, that can become the training room or
a potential space for ballot processing.
7. Information Technology – Todd Cannon
1. Replace information system technician.
2. Backbone switch upgrade. Fully set up and partially implemented. Will be completed about mid-
August on a weekend and will be a total County outage including phones, MACECOM, patrol cars,
etc. It has been tested multiple times and is anticipated to go smoothly. Server speed will increase
by 10x and will help optimize the network and expand that coverage to the whole County.
3. Multifactor authentication. This was mandated by insurance and will begin being tested by staff in
early August.
4. Computer replacement development. About 18 left to replace.
5. Internet redundancy. Has been signed with PUD but is not tapped into County network yet but
should be done end of August.
6. Develop policies.
7. Computer management system. Still being looked into.
8. Cybersecurity testing and training.
9. Continue migration of service to .gov.
10. Other. Microsoft 365 will be implemented next year and is penciled in to the budget. Staff has
been learning about that program in their free time. Users will be rolled in by department.
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8. Parks & Trails – John Taylor
1. Latimers dock replacement. Parking is very limited and parking meters have been discussed. A lot
of use is commercial. Cmmr. Neatherlin suggested partnering with the shellfish companies to
replace the dock to recoup funds. Cmmr. Shutty mentioned a launch permit for commercial users
was discussed in the past, looking into creating a metropolitan parks district, or evaluating a similar
program to put the option to donate to County parks on the property tax bills. Cmmr. Trask would
like to bring the commercial businesses into the conversation.
2. MCRA lean to at shop.
3. Mason Lake dock deck replacement.
4. Oakland Bay road rebuild. Cmmr. Shutty asked if the gravel road could be converted to chip seal.
5. Oakland Bay speed bump installation.
6. Sunset Bluff gate entry.
7. Field groomer.
8. Pitching machine replacement. Four pitching machines and one ball elevator. Cmmr. Neatherlin
asked if any of the machines could be put in North Mason.
9. Other. A Recreation and Conservation Office (RCO) grant is being pursued, however updated
costs for Sandhill and Union will be large. The grant will only cover about a fifth of the project.
Baseball and softball fields are not built for soccer. Having a field could expand the possibility of
hosting flag football and adult soccer leagues. Artificial turf requires about the same maintenance
as regular fields and will need to be replaced in about seven to eleven years.
9. Public Health – Dave Windom
1. Bring WIC and Women’s Health Clinic back to south Mason. WIC closed last fall due to COVID
and is being done virtually and serviced out of Thurston County. In-person services will begin the
first of the year. A three-part request has been submitted which includes Mason County, Mason
Health, and the YMCA.
2. Evergreen Estates. Hook up areas around the old Blevins trailer court to City sewer and water.
This area has the highest nitrate levels in the County. The first phase is to get connection to the
property line, then grant money will be applied for to hook up to each individual home. Evergreen
Estates is owned by a co-op, the co-op owns the ground while the individual home owner owns the
home.
3. Explore options for Capital projects. Public Health and Community Development are running out
of room. New staff focusing on chronic disease, such as diabetes or obesity, will not fit in the
current building.
4. SmartGov staffing.
5. Eliminate briefing for filling openings in existing positions.
6. Create code enforcement section.
7. Build new County website. The “life stories” contract ends the end of the year. The new website
would include housing and substance use coalitions on an interactive and community-based forum-
style website.
8. Rebrand Public Health post-COVID. Include more of a focus around chronic disease.
9. Create employee recognition program.
10. Implement County-wide electronic employee evaluation process.
11. Analyze all non-represented positions.
12. Review, adjust, and adopt a 2015 drought response plan. Feeds into work being done with the
Squaxin Island Tribe. Four bills are being tracked that will add to the Growth Management Act
around water, climate change, and drought. The drought response plan was generated in 2015 but
never adopted. It will be updated.
13. Review and adopt organization of the Board of Health.
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14. Transition staffing. Move staff from COVID-focused work to other work while maintaining a
COVID response team. Foundational Public Health Services may provide funding for an
epidemiologist.
15. Inventory public water systems and incorporate into Capital Facilities section of the Comprehensive
Plan.
16. Implement a drinking water section into County code.
17. Other. High priority is finishing the Memorandum of Agreement (MOA) with Squaxin Island
Tribe. Permitium offers a service which will allow constituents to order birth and death certificates
online. Cmmr. Shutty added that focus will be returning to substance abuse, behavioral health, and
crisis stabilization. The operations side is often the challenge, not capital facilities. The push is for
a stabilization facility in Mason County. Between Thurston and Mason Counties, there are only
150 involuntary commitment beds and no involuntary crisis stabilization beds. Mark added that
Public Health and Community Development are being split into their own departments.
10. Public Works – Loretta Swanson
1. Improve efficiencies.
2. Roads. E Agate Road is complete; Mason Lake Road paving project will be awarded on July 22;
Sunnyside Road is being chip sealed now; California Road is next for gravel conversion; Kelly Hall
Road right-of-way is another for gravel conversion; North Shore, Cady Creek culvert will be
installed next week; North Shore, Great Bend culvert will be done week of August 15; Belfair
Tahuya culvert at milepost 6.6 will have a road closure; Uncle John’s upper culvert will be finished
this week; Uncle John’s lower culvert is being discussed with Fish and Wildlife and the tribe due to
concerns on the proposed box culvert; Harstine Island bridge deck overlay; clear zone projects –
Kamilche, Highland, Arcadia, Matlock-Brady will be opened on July 22; Log Yard Road, Romance
Hill Road, and Rasor Road proposals are being worked on for right-of-way dedications; and John’s
Prairie/State Route 3 (SR-3) intersection has a design to move about 100,000 cubic yards of
material to put in an s-curve up to that intersection.
3. Operations and maintenance. Oak Park Road was repaved; Sandhill/SR-3 light have been installed
and brush has been cut back; nine locations on North Shore Road were worked on in the winter and
spring to improve drainage; Coulter Creek needs 200’ of road raised in front of the fish hatchery;
paperwork has been signed for the two slides out Pickering for FEMA to fund the repairs; Cole
Road railroad crossing needs cut and patched; shoulder work out Harstine Island; Goldsborough
bridge needs deck and paving work; Highland-Dayton box culvert needs paving; and Union
drainage improvements will be done late fall and chip seal next year. Loretta added that Mike will
be putting together a more robust plan for the Annual and Six-Year programs with more detail and
a focus on need. Cmmr. Neatherlin would like an emphasis on new roads.
4. Skokomish.
5. Equipment rental and revolving (ER&R).
6. Solid Waste. A response from Environmental Health is needed on the tech memo from Parametrix
for the post landfill closure. Upcoming projects include mowing brush, decommissioning gas and
groundwater monitoring wells, and the buy-off on monitoring questions. The Comprehensive Solid
Waste Management Plan will be updated next year. Both the solid waste and utilities websites need
updated.
7. Utilities. Codes, rates, and rate structures need updated. For Beard’s Cove: AC pipe replacement,
water meters, and meter setters; Belfair: clearing alders, ultraviolet (UV) maintenance, and updating
lift stations one and three; Rustlewood reservoir maintenance, electrical upgrades and improvement
for the reservoir pumping system, pressure reducing valve (PRV) replacement, and testing for the
new nutrient permit for all Puget Sound dischargers; and North Bay general sewer plant (GSP)
update, Lakeland pump station pump and control panel,
8. Administration and finance.
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9. Other. The number one priority is filling open positions. Contracting with Teresa D Johnson, CPA
has been a big help. Cmmr. Shutty suggested summer internship programs and partnering with
local schools and colleges. Revamping the County website has been discussed during the IT
Steering Committee meetings. Cmmr. Trask would like to see a link on information for the Freight
Corridor and other Mason County projects on the County website.
11. Wrap-Up
1. Cmmr. Neatherlin asked to make the online Commissioner’s packet easier and suggested having it
as a PDF document.
2. Mark plans to meet individually with Elected Officials to discuss their priorities.
12. Adjourned at 3:27 p.m.
ATTEST:
____________________________
McKenzie Smith, Clerk of the Board
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
_______________________________
Kevin Shutty, Chair
_______________________________
Sharon Trask, Vice-Chair
___________________________
Randy Neatherlin, Commissioner
Page | 1
BOARD OF MASON COUNTY COMMISSIONERS’ BRIEFING MINUTES
Mason County Commission Chambers, 411 North 5th Street, Shelton, WA
Week of July 25, 2022
Monday, July 25, 2022
9:00 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion
Commissioners Neatherlin, Shutty, and Trask met in closed session for labor discussion from
9:05 a.m. to 9:35 a.m. Mark Neary, Mary Ransier, Nichole Wilston, and Cabot Dow were
also in attendance.
9:45 A.M. WSU Extension – Dan Teuteberg
Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom.
• Dan discussed increasing the Noxious Weed Control Board Coordinator position from .75
full-time employee (FTE) to 1.0 FTE in 2023. Approved to move forward.
9:50 A.M. Public Health – Director
Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom.
• Haley Foelsch shared the Department of Commerce amendment for additional funds for
$514,785 to subcontract direct services to clients in need of eviction rent assistance.
Approved to move forward.
• Dave finished the Foundational Public Health System reporting so funds can be received from
the Department of Health from July 1, 2022 to June 30, 2023. Included in the report is the
evaluation of money spent, shared, capacity, and expertise. Capacity went up but expertise
went down due to staff turnover.
• Dave mentioned the rise in temperatures this week and opening up a cooling center at Public
Utility District No. 1 and staffing it from noon to nine. Cmmr. Shutty suggested opening up
the Public Works facility as a cooling center from 9 a.m. to 8 p.m. Cmmr. Neatherlin added
on warming centers.
10:00 A.M. Public Works – Director
Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom.
• Loretta discussed Mason County being awarded $2.027 million by the Federal Local Bridge
Program. Approved to move forward.
• Loretta shared three bid openings were done: Harstine Island polyester overlay, low bidder
Massana Construction for $1,916,605; clear zone improvements, low bidder Granite
Construction for $1,349,500; and Mason Lake Drive improvements, low bidder Tucci & Sons
for $732,800.50.
• Richard requested to purchase an emergency generator for $27,667.50 with tax to replace the
generator that was stolen in November. Approved to move forward.
• Cmmr. Neatherlin asked if the State could clear the brush on Highway 300.
• Cmmr. Shutty requested speed radar signs out at Island Lake.
Page | 2
Respectfully submitted,
McKenzie Smith, Clerk of the Board
BOARD OF MASON COUNTY COMMISSIONERS
______________________
Kevin Shutty
Chair
_______________________
Sharon Trask
Vice-Chair
_______________________
Randy Neatherlin
Commission
Board of Mason County Commissioners
Special Finance Meeting Agenda
Commission Chambers
411 N 5th St, Shelton, WA 98584
July 25, 2022
10:15 a.m.
1 | S p e c i a l F i n a n c e C o m m i t t e e M e e t i n g
1. Call to Order – The Chairperson called the special meeting to order at 10:15 a.m.
2. New Business
a. Approval of Investment Policy and Debt Policy by Lisa Frazier
The report shows both the first and second quarter of 2022. As of June 30, 2022, the cash balance was
$26,471,237.85 which is a $6.4 million increase from June 30, 2021. The General Fund Reserve and
Contingency Policy was updated using the 2021 expenditures and uses the current policy at 15%, 20%,
and 25%. Policy balances at 15% is $5,768,424.30; 20% is $7,691,232.40; and 25% is $9,614,040.50.
There is $15,857,197.35 above the contingency policy. Cash and investment market value as of June
30, 2022 was $224,838,912.60. Benchmark 90-day T-Bill rate was 1.69%. State Pool Rate and Market
Rate are well below that rate. The State Pool Rate will increase quicker than the Market Rate Yields.
Long term, Federal and US Treasuries, are out from 3-5 years. New investments are being done at
higher rates. Federal Reserve Rates have increased from .07% to 1.58%. County debt outstanding as of
June 30, 2022 was $20,308,993.81.
b. Review Reserve and Contingency Policy by Jennifer Beierle
Remove part of the second paragraph on page one which states “these goals were established by the
Mason County Board of County Commissioners beginning in 2018 over a five-year period for all
reserves except the Contingency Reserve which was established beginning in 2019 over the next
successive five years” and add Section G on page two “General Fund Capital Facilities Reserve” stating
that “the County will maintain a Capital Facilities Reserve equal to $5,000,000, or other amount set by
the Board and adopted during the annual budget process. The purpose of the reserve is to pay for capital
costs of future debt payments included in the Capital Facilities Plan”. If the market goes down, the
policy may be hindering if a “floor” is put in. Cmmr. Neatherlin discussed providing more services to
constituents. Cmmr. Shutty suggested paying down debt and asked about a minimum. Paddy McGuire
added that it makes sense to have the Capital Facilities Reserve as part of the annual budget process and
that there is flexibility. Mark Neary shared that the County has aging infrastructure and that there may
be time periods that emergency repair needs done. Projects not in the Capital Facilities Plan cannot use
REET funds.
Paddy McGuire/Cmmr. Shutty moved and seconded to bring the Reserve and Contingency Policy
forward to the Board of County Commissioners with recommendation for approval. Motion
carried.
c. Annual Review – Mason County Investment Policy
It is required to review the County Investment Policy annually. There are no recommended
changes.
Cmmr. Shutty/Paddy moved and seconded to approve the Mason County Investment Policy.
Motion carried.
3. Old Business
a. Project Funding Update
2 | S p e c i a l F i n a n c e C o m m i t t e e M e e t i n g
b. Skokomish River Restoration
c. Belfair Wastewater System
4. Adjournment – the meeting adjourned at 10:40 a.m.
ATTEST:
____________________________
McKenzie Smith, Clerk of the Board
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
_______________________________
Kevin Shutty, Chair
_______________________________
Sharon Trask, Vice-Chair
________________________________
Randy Neatherlin, Commissioner
Page | 1
BOARD OF MASON COUNTY COMMISSIONERS’ BRIEFING MINUTES
Mason County Commission Chambers, 411 North 5th Street, Shelton, WA
Week of August 1, 2022
Monday, August 1, 2022
9:00 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion
Commissioners Neatherlin, Shutty, and Trask met in closed session for labor discussion from
9:00 a.m. to 10:00 a.m. Mark Neary, Mary Ransier, Nichole Wilston, and Cabot Dow were
also in attendance.
10:00 A.M. Clerk’s Office – Sharon Fogo
Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom.
• Sharon shared the Interagency Reimbursement Agreement amendment with the Washington
State Administrative Office of the Courts (AOC) for Blake services. Approved to move
forward.
10:05 A.M. Support Services – Mark Neary
Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom.
• Diane Zoren reviewed changes to the Operating Guidelines and Commission Meeting Rules.
This keeps the County in compliance with the Open Public Meetings Act (OPMA) and
streamlines processes. The meeting schedule will continue with Briefing every Monday and
regular meetings every other Tuesday. Restrictions on remote attendance were removed.
Approved to move forward.
• Diane discussed the resolution renaming the Public Works facility to “Tim Sheldon Public
Works Facility” and the “Senator Tim Sheldon Day” proclamation. Approved to move
forward.
• Cmmr. Neatherlin asked about a day to honor Chief Deputy Dean Byrd. Approved to move
forward.
• Jennifer Beierle shared the draft Mason County Reserve and Contingency Policy which
includes the addition of a Capital Facilities Reserve which will be funded for $5 million in
2023. Approved to move forward.
• Jennifer discussed the Chart of Accounts update and Munis Financial System expansion.
Teresa D Johnson, CPA, is willing to contract for services to assist the update for $90/hour
which would be paid from Non-Departmental in the General Fund. A budget amendment
may be necessary. Total cost could be around $9,000 to $18,000. Approved to move
forward.
• Jennifer shared important dates for the 2023 budget process and consolidating Murder
Expenditures into Non-Departmental and Motor Pool into a program under Facilities in the
General Fund. Approved to move forward.
• Mark discussed the $100k American Rescue Plan Act (ARPA) request from the Port of Allyn.
Approved to move forward.
• Diane asked to move forward with upgrading the security system for all County buildings.
This will provide downtown County buildings with new panic buttons and an alarm system.
Approved to move forward.
• John Taylor discussed the request from North Mason Soccer Club to extend their soccer
season through the end of November 2022 which was first briefed in June. This will be
discussed with staff for recommendation.
• Mark shared an application from Dale Elmlund for the Housing Authority Board. Approved
to move forward.
Page | 2
• Mark discussed awarding the contract for Architectural and Engineering Professional Services
to Helix Design Group. This is a three-year contract with the option to renew for one year.
Approved to move forward.
• Diane asked to issue a news release for Parks Advisory Board openings. Approved to move
forward.
9:00 A.M. Community Services – Dave Windom
Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom.
• Dave discussed amendment no. 6 for the Consolidated Contract to add a statement of work for
Foundational Public Health Services (FPHS) effective July 1, 2022 and for an increase of
$1.266 million. Approved to move forward.
• Dave shared the contract with Permitium for the option to order birth or death certificates
online for a $4 convenience fee, required by the State, for the customer. There is no charge to
the County. This will help with workflow. Approved to move forward.
9:00 A.M. Public Works – Loretta Swanson
Utilities & Waste Management
Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom.
• Loretta discussed a Private Line Occupancy Permit for Bill Hanson for existing underground
sewer transport line and an existing internet cable line. Approved to move forward.
• Loretta shared they received a grinder pump call over the weekend. Cmmr. Neatherlin asked
if an emergency number for the sewer can be accessible on the homepage of the County
website.
Respectfully submitted,
McKenzie Smith, Clerk of the Board
BOARD OF MASON COUNTY COMMISSIONERS
______________________
Kevin Shutty
Chair
_______________________
Sharon Trask
Vice-Chair
_______________________
Randy Neatherlin
Commission
Board of Mason County Commissioners
Proceedings
Commission Chambers
411 N 5th St, Shelton, WA 98584
August 2, 2022
1. Call to Order – The Chairperson called the regular meeting to order at 9:00 a.m.
2. Pledge of Allegiance – Tim Whitehead led the flag salute.
3. Roll Call – Present: Present: Commissioner District 1 – Randy Neatherlin; Commissioner
District 2 – Kevin Shutty; Commissioner District 3 – Sharon Trask.
4. Correspondence and Organizational Business
4.1 Correspondence
4.1.1 Washington State Liquor and Cannabis Board sent in the following: Washington State
Liquor Control Board notice to licensees on firearms; notice of license approval for Great
Harvest LLC; marijuana license renewal application information; liquor license renewal
application information; notice of temporary discontinued cannabis license for M and R
Distributing; and special occasion liquor license application for Harstine Island Women’s
Club.
4.1.2 William Jensen sent in an application for the Mason County Historic Preservation
Advisory Board.
4.1.3 Amanda and Aaron Duke sent in a letter regarding concerns towards the Roam Wolfdog
Sanctuary.
4.1.4 Mason County Economic Development Council sent in their 2022 Quarter 2 Report.
4.2 Loretta Swanson read the Mason County Awarded $2.027 Million for Bridge Projects
News Release.
4.3 Melissa Casey read the Request for Qualifications for Eviction Rental Prevention News
Release.
5. Open Forum for Citizen Input
No citizen input.
6. Adoption of Agenda
Cmmr. Neatherlin/Trask moved and seconded to adopt the agenda as published. Motion
carried unanimously. N-aye; S-aye; T-aye.
7. Approval of Minutes
Cmmr. Trask/Neatherlin moved and seconded to adopt the July 4, 2022 Briefing minutes as
presented. Motion carried unanimously. N-aye; S-aye; T-aye.
8. Approval of Action Agenda
8.1 Approval of Warrants & Treasurer Electronic Remittances
Claims Clearing Fund Warrant # 8089181-8089704 $ 4,907,598.63
Direct Deposit Fund Warrant # 88855-89247 $ 805,207.07
Salary Clearing Fund Warrant # 7006786-7006811 $ 534,254.31
Treasurer Electronic Remittances $ -
2 | A u g u s t 2 , 2 0 2 2 C o m m i s s i o n M i n u t e s
8.2 Approval to fund the initial costs to bring the Mason County Search and Rescue Dive Team
current with certifications and compliance and to fund the estimated annual cost to maintain the
Dive Team’s deployment requirements.
8.3 Approval to post the Request for Qualification for a permanent eviction program material on the
County website.
8.4 Approval of the Emergency Solutions Grant COVID-19 amendments to extend the Professional
Services Contracts with Crossroads Housing and Shelton Family Center to September 30, 2023.
8.5 Approval for the Emergency Management Manager and Emergency Management Coordinator
to sign the Public Assistance Grant Agreement No. D22-283 for Presidential Disaster
Declaration 4650-DR-WA Winter Storm.
8.6 Approval of the Resolution authorizing Public Works to purchase OEM parts as sole source
from Trojan UV to repair the UV disinfections system at the Belfair Water Reclamation
Facility.
8.7 Approval of the Resolution for Road Vacation 412 vacating an unopened right of way located at
4030 E Mason Lake Drive W property on the condition that the property owner, Daniel Hite
and Dawna Tracht, dedicate a 60’ wide easement centered along the existing public road on
their abutting property instead of compensation for a Class A vacation. The vacated area is
subject to existing easements for ingress and egress or for any other purpose, if any.
8.8 Approval for the Chair to execute the master interlocal agreement with Thurston County for
reimbursable transportation services.
8.9 Approval to authorize Public Works to procure the used generator from United Rentals for the
amount of $27,667.50.
8.10 Approval of the Resolution amending Resolution No. 2022-002 for the Non-Represented Salary
Range Alignment table to create a Patrol Lieutenant position at Range 41.
8.11 Approval of the Eviction Rent Assistance Program 2.0 Amendment B from the Department of
Commerce Professional Services Contracts with Crossroads Housing Amendment No. 2 and the
Shelton Family Center Amendment No. 1.
8.12 Approval to appoint Tamra Ingwaldson to the Lewis-Mason-Thurston Area Agency on Aging
to complete an unexpired term expiring December 31, 2022.
8.13 Approval of removing Rustlewood from the American Rescue Plan Act (ARPA) funding list and
approval of the Port of Allyn Water Company request for $100,000.
8.14 Approval of the Interagency Reimbursement Agreement Amendment No. 1 with the Washington
State Administrative Office of the Courts (AOC) for extraordinary expenses reimbursement up
to $702,300 and legal financial obligations reimbursement up to $644,985.
8.15 Approval of the sale of surplus right-of-way that was purchased by Mason County Public Works
for County Road Project (CRP) 1861 Simmons Road Connector which includes a small portion
of parcel no. 31917-22-91043 and 31917-22-91044 for the amount of $3,550 to Sunsea Jack
Cloutier and Danielle De Youngue.
8.16 Approval of the Mason County Public Health 2022-2024 Consolidated Contract (ConCon)
Amendment No. 6 to add a Statement of Work for Foundational Public Health Services.
Cmmr. Trask/Neatherlin moved and seconded to approve action items 8.1 through 8.16. Motion
carried unanimously. N-aye; S-aye; T-aye.
9. Other Business (Department Heads and Elected Officials)
Mark Neary introduced Mason County’s new Human Resource Manager, Mary Ransier.
10. 9:15 a.m. Public Hearings and Items Set for a Certain Time
Please see above options to provide public testimony. These options are available only while COVID-19 OPMA
meeting restrictions are in place.
3 | A u g u s t 2 , 2 0 2 2 C o m m i s s i o n M i n u t e s
No Public Hearings set for this time.
11. Board’s Calendar and Reports – The Commissioners reported on meetings attended the past
week and announced their upcoming weekly meetings.
12. Adjournment – The meeting adjourned at 9:22 a.m.
ATTEST:
____________________________
McKenzie Smith, Clerk of the Board
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
_______________________________
Kevin Shutty, Chair
_______________________________
Sharon Trask, Vice-Chair
________________________________
Randy Neatherlin, Commissioner
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Cassidy Perkins
Ext. 419
Department: Support Services
Briefing: ☐
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): Click or tap here to enter text.
Agenda Date: August 30, 2022
Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other
(This is the responsibility of the requesting Department)
Below for Clerk of the Board’s Use Only:
Item Number: __________
Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken
Ordinance/Resolution No. __________ Contract No. __________ County Code: __________
Item:
Approval of Warrants & Treasurer Electronic Remittances
Claims Clearing Fund Warrant # 8089912-8090198 $ 2,005,398.20
Direct Deposit Fund Warrant # 89644-90042 $ 789,471.59
Salary Clearing Fund Warrant # 7006852-7006876 $ 523,470.47
Treasurer Electronic Remittance $
Background/Executive Summary:
The Board approved Resolution no. 80-00 Payment of Claims Against County: Procedure Authorizing
Warrant Issue and Release Prior to Board Claim Approval. Mason County Code 3.32.060(a) requires that
the Board enter into the minutes of the County Commissioners the approval of claims listing warrant
numbers.
Claims Clearing YTD total $ 27,669,525.56
Direct Deposit YTD total $ 12,750,462.45
Salary Clearing YTD total $ 12,756,726.05
Approval of Treasurer Electronic Remittances YTD total $ 7,436,742.76
Requested Action:
Approval of the aforementioned Claims Clearing Fund, Direct Deposit Fund, Salary Clearing Fund, and
Treasurer Electronic Remittance warrants.
Attachments:
Originals on file with the Auditor/Financial Services; copies on file with the Clerk of the Board
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Judge George Steele
Ext. 278
Department: District Court
Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): August 22, 2022
Agenda Date: August 30, 2022
Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other
(This is the responsibility of the requesting Department)
Below for Clerk of the Board’s Use Only:
Item Number: __________
Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken
Ordinance/Resolution No. __________ Contract No. __________ County Code: __________
Item:
Increase District Court Judge Pro Tempore and District Court Commissioner hourly rate.
Background/Executive Summary:
The currently hourly rate is $75.00/hour per Resolution 2020-05.
Per RCW 3.34.130 each district court shall designate one or more persons as judge pro tempore who shall
serve during the temporary absence, disqualification, or incapacity of a district judge or to serve as an
additional judge for excess caseload or special set cases.
Listed below are supporting issues for increasing the current hourly rate:
- Cost of living increase.
- Average of the comparable counties for Judge Pro Tempore is currently $85.52/hour as of June
2022.
- Superior Court Judge Pro-Tem is paid at 1/250th of the Superior Court Judge’s salary per RCW
2.08.180.
- District Court Judge Pro-Tem shall be paid the salary authorized by the County legislature
authority per RCW 3.34.130.
- RCW 3.34.130(2) For each day that a judge pro tempore serves in excess of thirty days during
any calendar year, the annual salary of the district judge in whose place the judge pro tempore
serves shall be reduced by an amount equal to one-two hundred fiftieth of such salary:
PROVIDED, That each full time district judge shall have up to fifteen days annual leave without
reduction for service on judicial commissions established by the legislature or the chief justice of
the supreme court. No reduction in salary shall occur when a judge pro tempore serves:
(a) While a district judge is using sick leave granted in accordance with RCW 3.34.100;
(b) While a district court judge is disqualified from serving following the filing of an affidavit of
prejudice;
Mason County
Agenda Request Form
(c) As an additional judge for excess case load or special set cases; or
(d) While a district judge is otherwise involved in administrative, educational, or judicial
functions related to the performance of the judge's duties: PROVIDED, That the appointment of
judge pro tempore authorized under subsection (2)(c) and (d) of this section is subject to an
appropriation for this purpose by the county legislative authority.
- Effective September 1, 2022 the District Court Judge’s salary will be $193,447 – (1/250th would
calculate out to $96.72/hour).
Budget Impact (amount, funding source, budget amendment):
No anticipated impact to current budget or the 2023 budget as submitted at this time.
Public Outreach (news release, community meeting, etc.):
N/A
Requested Action:
Approval of the Resolution to increase the District Court Judge Pro Tempore and District Court
Commissioner hourly rate to $90.00/hour effective January 1, 2023.
Attachments:
RCW 3.34.130
Judge Pro Tem Rates
Resolutions
RESOLUTION NO.
RESOLUTION AMENDING RESOLUTION 2020-05 SETTING THE SALARY FOR
DISTRICT COURT COMMISSIONER AND DISTRICT COURT JUDGE PRO
TEMPORE APPOINTED BY THE DISTRICT COURT JUDGE
WHEREAS, per RCW 3.34.130 each District Court shall designate one or more persons as Judge
Pro Tempore who shall serve during the temporary absence, disqualification, or incapacity of a District
Court Judge or to serve as an additional judge for excess caseload or special set cases; and,
WHEREAS, per RCW 3.34.130, a Judge Pro Tempore shall be paid the salary authorized by the
County legislative authority; and,
WHEREAS,
- The cost of living has increased significantly since 2020.
- An average of the comparable counties for Judge Pro Tempore as of 2022 is $85.52
per hour.
- RCW 3.34.130(2) states “For each day that a judge pro tempore serves in excess of
thirty days during any calendar year, the annual salary of the district judge in whose
place the judge pro tempore serves shall be reduced by an amount equal to one-two
hundred fiftieth of such salary: PROVIDED, that each full time district judge shall
have up to fifteen days annual leave without reduction for service on judicial
commissions established by the legislature or the chief justice of the supreme court.
No reduction in salary shall occur when a judge pro tempore serves:
a) While a district judge is using sick leave granted in accordance with RCW
3.34.100;
b) While a district court judge is disqualified from serving following the filing of
an affidavit of prejudice;
c) As an additional judge for excess case load or special set cases; or
d) While a district judge is otherwise involved in administrative, educational, or
judicial functions related to the performance of the judge’s duties: PROVIDED,
that the appointment of judge pro tempore authorized under subsection (2)(c)
and (d) of this section is subject to an appropriation for this purpose by the county
legislative authority.
WHEREAS, the District Court submitted the 2023 budget reflecting the increase to $90.00 per
hour; and,
NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Mason
County hereby increase the hourly rate for District Court Commissioner and District Court Judge Pro
Tempore to $90.00 per hour effective January 1, 2023.
DATED this 30th day of August, 2022.
ATTEST:
________________________________
McKenzie Smith, Clerk of the Board
APPROVED AS TO FORM:
________________________________
Tim Whitehead, Chief Deputy Prosecuting
Attorney
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
___________________________________
Randy Neatherlin, Commissioner
___________________________________
Kevin Shutty, Commissioner
___________________________________
Sharon Trask, Commissioner
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Nichole Wilston
Ext. 643
Department: Human Resources/Risk
Management
Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): August 22, 2022
Agenda Date: August 30, 2022
Internal Review: ☐ Finance ☒ Human Resources ☐ Legal ☐ Risk ☐ Information Technology
☐ Other
(This is the responsibility of the requesting Department)
Below for Clerk of the Board’s Use Only:
Item Number: __________
Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken
Ordinance/Resolution No. __________ Contract No. __________ County Code: __________
Item:
The Washington Counties Risk Pool (WCRP) Board of Directors approved the Fiscal Year 2022-2023 coverages
and rates for the Liability, Property, Cyber and Crime programs that includes significant rate increases. Approval
to participate in the WCRP optional $5 Million excess of $20 Million policy that puts Mason County’s Liability
program coverage at $25 Million.
Budget Impact:
The optional excess $5 Million is expected to increase by 26% from the previous year’s premium and is budgeted
in Non-Departmental.
Recommended/Requested Action:
Approval to participate in the WCRP optional $5 Million excess of $20 Million policy.
Attachments:
None
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Justin Phelps
Ext. 457
Department: Utilities & Waste Management
Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): August 22, 2022
Agenda Date: August 30, 2022
Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ Information Technology ☐ Other
(This is the responsibility of the requesting Department)
Below for Clerk of the Board’s Use Only:
Item Number: __________
Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken
Ordinance/Resolution No. __________ Contract No. __________ County Code: __________
Item:
Belfair Reclaimed Water Facility Screens Maintenance Services
Background/Executive Summary:
Proper screening ahead of the Belfair Reclaimed Water Facility membrane filters is highly important for
membrane life and reducing the chance to foul or plug. Public Works proposes entering into a service
agreement to perform annual inspection and maintenance services. Huber Screens are the sole-source
provider to work on their screens to assure they are performing as designed. The proposed service
contract is for a three-year term with a total cost of $13,500 or $4,500 per year. The charge for a one-time
service visit is $7,627 without contract.
Budget Impact (amount, funding source, budget amendment):
The Belfair Fund has adequate Repair and Maintenance funds available.
Public Outreach (news release, community meeting, etc.):
N/A
Requested Action:
Approval of the sole-source Resolution authorizing Public Works to execute a three-year service contract
with Huber Technology, Inc. for the annual maintenance of the Huber Fine ROTAMAT Screens used at
the Belfair Reclamation Facility.
Attachments:
Huber Service Contract & One-Time Visit Quotes
Sole-Source Justification Forms
Resolution
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Justin Phelps
Ext. 457
Department: Utilities & Waste Management
Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): August 22, 2022
Agenda Date: August 30, 2022
Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ Information Technology ☐ Other
(This is the responsibility of the requesting Department)
Below for Clerk of the Board’s Use Only:
Item Number: __________
Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken
Ordinance/Resolution No. __________ Contract No. __________ County Code: __________
Item:
Belfair Reclamation Facility Turbo Blower Parts and Repair Services
Background/Executive Summary:
One of the turbo blowers needs repaired at the Belfair Reclamation Facility. The blowers are a crucial
part of the wastewater process as they supply dissolved oxygen to the microorganisms. This encourages a
healthy environment and biomass that is needed to treat the wastewater to stay within our permit
requirements. K Turbo is based out of Batavia, Illinois and are the sole-source supplier for high speed
turbo blower parts and technical service. The inoperable blower was sent to them for troubleshooting and
diagnosing. Rebuilding the compressor motor will cost $11,997.
Budget Impact (amount, funding source, budget amendment):
Repair cost is $11,997; there is plenty of funds available in the Repair and Maintenance budget.
Public Outreach (news release, community meeting, etc.):
N/A
Requested Action:
Approval of the sole-source Resolution authorizing Public Works to purchase parts and repair services
from K Turbo for blowers at the Belfair Water Reclamation Facility.
Attachments:
K Turbo Repair Quote
Sole-Source Justification Form
Resolution
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Mike Collins
Ext. 450
Department: Public Works
Briefing: ☒
Action Agenda: ☒
Public Hearing: ☒
Special Meeting: ☐
Briefing Date(s): August 22, 2022
Agenda Date: August 30, 2022 & September 27,
2022
Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ Information Technology ☐ Other
(This is the responsibility of the requesting Department)
Below for Clerk of the Board’s Use Only:
Item Number: __________
Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken
Ordinance/Resolution No. __________ Contract No. __________ County Code: __________
Item:
Adoption of the 2023 Annual Construction Program and 6-Year Transportation Improvement Program
Background/Executive Summary:
RCW 36.81.121 and 36.81.130 requires the preparation and annual updating of a six-year comprehensive
transportation program. WAC 136-14 and 136-15 describe procedures for priority programming and the
preparation of the 6-Year TIP. In addition to the required notice and hearing, Mason County established a
citizen advisory board for the purpose of increasing public involvement in developing transportation
improvement recommendations. The Transportation Improvement Program Citizens Advisory Panel
(TIP-CAP) was presented the attached recommended programs in July.
The following is the proposed schedule for reviewing and adopting the programs:
8-30-2022 Board sets the Public Hearing date for September 27, 2022 at 9:15 a.m.
8-30-2022 to 9-27-2022 Annual and TIP available for public review
9-14-2022 TIP-CAP recommendations
9-27-2022 Public Hearing to adopt the Annual and 6-Year TIP
Budget Impact (amount, funding source, budget amendment):
Annual 2022 expenditures are planned to be $12 million, of which $2.76 million will come from the Road
Fund and $9.2 million from outside sources. County forces will be used to construct approximately
$1,010,500 of the annual construction program. This is under the computer limit of $1.27 million.
Public Outreach (news release, community meeting, etc.):
Hearing notice published in the Shelton-Mason County Journal
TIP-CAP Meetings (open to the public)
Drafts available on the Public Works website
Mason County
Agenda Request Form
Requested Action:
Action Agenda
Approval to set a Public Hearing for Tuesday, September 27, 2022 at 9:15 a.m. to consider the 2023
Annual Construction Program and 2023-2028 Six-Year Transportation Improvement Program (TIP).
Public Hearing
Approval of the Resolution adopting the 2023 Annual Construction program and approval of the
Resolution adopting the 2023-2028 Six-Year Transportation Improvement Program (TIP).
Attachments:
Draft 2023 Annual
Draft Six-Year TIP
Notice
Resolutions
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Melissa Casey
Ext. 404
Department: Public Health
Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): August 22, 2022
Agenda Date: August 30, 2022
Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other
(This is the responsibility of the requesting Department)
Below for Clerk of the Board’s Use Only:
Item Number: __________
Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken
Ordinance/Resolution No. __________ Contract No. __________ County Code: __________
Item:
Consolidated Homeless Grant (CHG) Amendment (22-46108-20) Amendment C
Background/Executive Summary:
Additional money has been allocated to the Consolidated Homeless Grant. Funds will be subcontracted
to Crossroads Housing to support the centralized rapid rehousing program and supportive services aimed
at reducing and preventing homelessness.
Budget Impact (amount, funding source, budget amendment):
None
Public Outreach (news release, community meeting, etc.):
N/A
Requested Action:
Approval of the Consolidated Homeless Grant Amendment No. 22-46108-20 Amendment C and the
Professional Services Contract with Crossroads Housing Amendment 3 for the additional funds in the
amount of $98,098 for the period of July 1, 2022 to June 30, 2023 to support the centralized rapid
rehousing program and supportive services to reduce and prevent homelessness.
Attachments:
CHG Amendment C
Crossroads Housing Amendment 3
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Mark Neary
Ext. 530
Department: County Administrator
Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): August 22, 2022
Agenda Date: August 30, 2022
Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other
(This is the responsibility of the requesting Department)
Below for Clerk of the Board’s Use Only:
Item Number: __________
Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken
Ordinance/Resolution No. __________ Contract No. __________ County Code: __________
Item:
Mason County Sheriff’s North Precinct – Belfair Landing Commercial Complex Lease
Background/Executive Summary:
The current lease for the Sheriff’s North Precinct expires August 30, 2022. Our facilities team is in the
process of negotiating a new lease with North Mason Fire District to utilize their old administration
building as a location to provide Mason County services to our residents living in the north end of the
county. The first phase of remodel associated with this move would be to relocate the Sheriff’s north
precinct into this location.
Work associated with the relocation could take anywhere from 6-12 months to complete, and maintaining
a sheriff presence in the north end of our county is important. I spoke with one of the owners, John
Byerly, and we have a couple of options to consider. Mr. Byerly has been a great partner for the county
over the last 12+ years and although he is sad to see us leave is willing to work with us on some options
to ensure a smooth transition.
The attached spreadsheet outlines the cost of the options available.
With option #1 the County would extend the lease for 16 months following the same increases associated
with the existing contract – an increase of 4% to the base rent portion of the lease. Mr. Byerly could start
advertising the space for lease and if the County completes the new space before the 16 months and he
had another renter wanting to move in we will terminate the lease early.
Option #2 is per the current lease agreement and the County could lease the building on a month to month
basis at 150% of the base lease cost plus expenses.
Both options require the County to bring the building back to its original condition at the termination of
the lease, so we will work with Mr. Byerly and the new tenant on any modifications needed at the end of
the lease.
Mason County
Agenda Request Form
Budget Impact (amount, funding source, budget amendment):
Option 1 - $112.49 per month - $1,349.84
Public Outreach (news release, community meeting, etc.):
N/A
Requested Action:
Approval for the County Administrator to work with the Lessor and the County attorney to implement a
16-month extension contract.
Attachments:
Belfair Landing Commercial Complex lease options
Mason County Sheriff's North Precinct Office
Belfair Landing Complex Lease
Contract #19-059
Period Base lease Expenses Total Monthly Annual Cost
Sep-21 Aug-22 $2,812.16 $976.00 $3,788.16 $45,457.92
Option 1 - Extend 16 months with 4% increase to base
Sep-22 Dec-23 $2,924.65 $976.00 $3,900.65 $46,807.76
Option #2 - Month to month per current contract
Sep-22 Aug-23 $4,218.24 $976.00 $5,194.24 $62,330.88
Difference between Option 1 and 2
Monthly increase $1,293.59
Annual difference $15,523.12
Difference between current lease and recommended option #1
Monthly increase $112.49
Annual Difference $1,349.84
16 month difference $1,799.78
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Jennifer Beierle
Ext. 532
Department: Support Services
Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): August 22, 2022
Agenda Date: August 30, 2022
Internal Review: ☒ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other
(This is the responsibility of the requesting Department)
Below for Clerk of the Board’s Use Only:
Item Number: __________
Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken
Ordinance/Resolution No. __________ Contract No. __________ County Code: __________
Item:
New election to allocate USDA Secure Rural Schools & Roads funding
Background/Executive Summary:
The USDA is requiring counties to choose an allocation of USDA Secure Rural Schools & Roads
funding. The categories of funding include: Title I for roads and schools, Title II for projects on Federal
lands, or Title III for county projects, depending on the size of the county’s share of funding. The current
allocation was set by Resolution No. 49-13: 80% to Title I, 13% to Title II, and 7% to Title III, and the
Budget Office recommends changing the allocation to the maximum County benefit of: 85% to Title I,
8% to Title II, and 7% to Title III. Mason County falls into the Major category of $350,000 or greater in
funds and must allocate 15-20 percent of its share to title II or title III, or a combination of both, except
that the allocation for title III projects may not exceed 7-percent.
An eligible county that fails to elect to allocate its share of the State payment shall be considered to have
elected to expend 80-percent of the share for public schools and roads. The remaining 20-percent will be
available to the Forest Service to carry out projects in the eligible county to further the purposes of title II.
Allocation forms are due back to the USDA from the State Treasurer by September 30th. The State
Treasurer has requested the forms be returned from the counties by September 15th.
Budget Impact (amount, funding source, budget amendment):
In 2022 County Road, Fund 105, received $146,502 in Title I funds and National Forest Safety, Fund
134, received $25,638 in Title III funds. With the new election, County Roads would receive
approximately $155,619.
Public Outreach (news release, community meeting, etc.):
N/A
Mason County
Agenda Request Form
Requested Action: Approval for the Board of County Commissioners to sign the Resolution amending
Resolution No. 49-13 for the election to receive Secure Rural Schools and Community Self
Determination Funding and Allocation of Title I, Title II, and Title III funds
Attachments:
USDA FY 2022 Title Allocation Election Cover Letter
WA Combined Instructions and Election Form
WA Expired Elections and Earnings
Resolution No. 49-13
Draft Resolution Amending No. 49-13
Caring for the Land and Serving People Printed on Recycled Paper
Logo Department Name Agency Organization Organization Address Information
United States
Department of
Agriculture
Forest
Service
Washington Office 201 14th Street, SW
Washington, DC 20024
File Code: 6550
Date: July 19, 2022
Dear State Treasurer,
To prepare for the fiscal year 2022 (payment year 2023) payments to the states under the Secure
Rural Schools and Community Self Determination Act, as amended and reauthorized by P.L.
117-58 (the Act), we request that each participating state complete and submit their “FY 2022
Payments to States Title Election Form” by September 30, 2022. The form is already preloaded
with your eligible counties for your convenience. Counties elected to receive a share of the 25-
percent payment DO NOT need to submit election information. Following are details about this
request:
A participating county that receives a share of the State payment that is greater than $100,000
must make an additional election to allocate among Titles by September 30, 2022, as
explained below:
• $100,000 or less. An eligible county that elects to receive a share of the State payment
that is $100,000 or less (a minor distribution) may elect to use 100-percent of its share for
public roads and schools under title I. A county that elects to receive a minor
distribution must make an affirmative election to use the 100-percent of its share for
title I purposes. In the alternative, the county may opt to allocate 15-percent to 20-
percent of its share to title II, title III, or a combination of both. The total percentage
allocated to title II and title III combined must be no less than 15-percent and no greater
than 20-percent. The county also may opt to return its allocation, in whole or part, to the
Federal Government.
• $100,001 to $349,999. If the county share of the State payment is more than $100,000 but
less than $350,000, the county must allocate 15-percent to 20-percent of its share to title
II, title III, or a combination of both. The total percentage allocated to title II and/or title
III must be no less than 15-percent and no greater than 20-percent. The county also may
opt to return its allocation, in whole or part, to the Federal Government.
• $350,000 or greater. If the county share of the State payment is $350,000 or greater, the
county must allocate 15-percent to 20-percent of its share to title II, title III, or a
combination of both, except that the allocation for title III projects may not exceed 7-
percent. The total percentage allocated to title II and title III combined must be no less
than 15-percent and no greater than 20-percent. The county also may opt to return its
allocation, in whole or part, to the Federal Government.
When authorized by law, a participating county receiving more than $100,000 as its share of the
State payment must allocate a portion of its payment to Titles II and/or III by September 30 of that
year. An eligible county that fails to elect to allocate its share of the State payment shall be
considered to have elected to expend 80-percent of the share for public schools and roads. The
2
remaining 20-percent will be available to the Forest Service to carry out projects in the eligible
county to further the purposes of title II.
If a county elects not to allocate 100%, and return a portion to the US Treasury, please document
that election on the election form so we have some assurance that the paperwork is not in error.
These elections will be consolidated by the Governor’s office or other appropriate executive office
of the State, such as State Treasurer, on behalf of the Governor in accordance with the Act. The
Forest Service will not accept an election directly from a county or from any non-governmental
organization acting on behalf of a county
The completed form must be transmitted (preferable by email) to the following address by
September 30, 2022, using the enclosed election form.
By email:
SM.FS.asc_asr@usda.gov
By fax: (877) 684-1422 ATTN: ASR
We will also accept the election forms via postal mail; however, this method slows the election
and confirmation process.
U.S Forest Service
Albuquerque Service Center, B&F
ASR/Collections
ATTN: Funds Control / ASR
101B Sun Avenue, NE
ALBUQUERQUE, NM 87109
The September 30th deadline is required in the Act and cannot be extended. We strongly
encourage the State to transmit the election form in advance of the deadline to ensure that any
concerns may be addressed before September 30, 2022.
Additional information is available on the Payments to States homepage located at
https://www.fs.usda.gov/working-with-us/secure-rural-schools. If you have any additional
questions about the election form, please contact the Albuquerque Service Center (ASC) through
the ASC Contact Center at (877) 372-7248, Option 1.
Sincerely,
Jennifer McGuire
JENNIFER MCGUIRE
ASC Director of Budget and Finance
Forest Service Albuquerque Service Center 101 B Sun Avenue, NE
Albuquerque, NM 87109
America’s Working Forests – Caring Every Day in Every Way Page 1 of 4
FY 2022 Forest Service Payment to States, Public Law 117-58
Election to Allocate the State Payment
A county’s Election to receive a payment and to allocate the State payment must be
transmitted by the Governor’s office or other appropriate executive office of the state such as
State Treasurer, on behalf of the Governor. The Forest Service will not accept an election
directly from a county or from any non-governmental organization acting on behalf of a county.
Instructions:
To begin, refer to Expired Elections and Earnings attachment for FY21 data dealing with earnings
and expired allocation percentages by title. The allocation percentage values are now expired in
FY22 but represented amounts that were used to determine last year’s FY21 payment. These
figures are being presented to aid States/Counties with historical data as they prepare new
percentage allocation submissions. Counties paid in FY21 under the 1908 Amended Act are also
presented on the report. These counties will remain classified as this designation for the FY22
payments cycle and no allocation elections for these counties will be accepted.
The Total FY21 Earnings value on the attachment represent the total dollar value earned by each
county in FY21. The FY22 dollar figures will not be available until after the allocation election due
date, so the FY21 figures represent the best available data in determining which distribution
allocation guidelines applies. After determining the FY21 dollar amount and distribution category
for each county from the attachment, refer to the three options below for further instructions on
percent allocation limits.
• $100,000 or less. (minor distribution) An eligible county that elects to receive a share of the
State payment that is $100,000 or less (a minor distribution) may elect to use 100-percent of
its share for public roads and schools under title I (column C). A county that elects to
receive a minor distribution must make an affirmative election to use the 100-percent of
its share for title I purposes. In the alternative, the county may opt to allocate 15-percent to
20-percent of its share to title II (column D), title III (column F), or a combination of both. The
total percentage allocated to title II and title III combined must be no less than 15-percent
and no greater than 20-percent. The county also may opt to return its allocation, in whole or
part, to the Federal Government.
Forest Service Albuquerque Service Center 101 B Sun Avenue, NE
Albuquerque, NM 87109
America’s Working Forests – Caring Every Day in Every Way Page 2 of 4
• $100,001 to $349,999 (moderate distribution) If the county share of the State payment is
more than $100,000 but less than $350,000, the county must allocate 15-percent to 20-
percent of its share to title II (column D), title III (column E), or a combination of both. The
total percentage allocated to title II and/or title III must be no less than 15-percent and no
greater than 20-percent. The county also may opt to return its allocation, in whole or part,
to the Federal Government (column F).
• $350,000 or greater (major distribution) If the county share of the State payment is
$350,000 or greater, the county must allocate 15-percent to 20-percent of its share to title II
(column D), title III (column E), or a combination of both, except that the allocation for title III
projects may not exceed 7-percent. The total percentage allocated to title II and title III
combined must be no less than 15-percent and no greater than 20-percent. The county also
may opt to return its allocation, in whole or part, to the Federal Government (column F).
Each county that elected to share in the Secure Rural Schools Act State payment (formula
payment) must complete this form. An eligible county that fails to elect to allocate its share of
the State payment shall be considered to have elected to expend 80-percent of the share for
public schools and roads. The remaining 20-percent will be available to the Forest Service to
carry out projects in the eligible county to further the purposes of title II.
A county electing to return a percentage of its share of the State payment to the U.S.
Treasury instead of allocating a portion to Title II or Title III should show the percentage to
be returned to Treasury in Column F.
Refer to page 3 for county title elections chart.
Must be returned to USFS by September 30, 2022
Forest Service Albuquerque Service Center 101 B Sun Avenue, NE
Albuquerque, NM 87109
America’s Working Forests – Caring Every Day in Every Way Page 3 of 4
State: _Washington____
Column G is auto populated from the entries in columns C, D, E, & F
G total must equal 100
A B C D E F G
Entry
No.
County Name
State Payment—Percentage
allocated to
Total
Columns
C, D, E & F
(100%) Title
I
Title
II
Title
III
Return to
Treasury
1 Asotin (003)
2 Chelan (007)
3 Clallam (009)
4 Clark (011)
5 Columbia (013)
6 Cowlitz (015)
7 Douglas (017)
8 Ferry (019)
9 Garfield (023)
10 Grays Harbor (027)
11 Jefferson (031)
12 King (033)
13 Kittitas (037)
14 Klickitat (039)
15 Lewis (041)
16 Mason (045)
17 Okanogan (047)
18 Pend Oreille (051)
19 Pierce (053)
20 Skagit (057)
21 Skamania (059)
22 Snohomish (061)
23 Stevens (065)
24 Thurston (067)
25 Walla Walla (071)
26 Whatcom (073)
27 Yakima (077)
28
29
Forest Service Albuquerque Service Center 101 B Sun Avenue, NE
Albuquerque, NM 87109
America’s Working Forests – Caring Every Day in Every Way Page 4 of 4
Information below is required
Preparer’s name and title:
Preparer’s mailing address:
Preparer’s phone number:
Preparer Signature:
Preparer’s email:
County Total FY21
Earnings *
Distribution
Category** ***
Expired Title
I (%)
Expired
Title II
(%)
Expired
Title III
(%)
Expired
Failure to
Elect (%)
****
Expired
To
Treasury
(%)
Asotin (003)$76,643.69 Minor 85 15 0 0 0
Chelan (007)$1,196,596.74 Major 85 9 6 0 0
Clallam (009)$965,512.22 Major 85 14 1 0 0
Clark (011)$3,511.28 Minor 100 0 0 0 0
Columbia (013)$167,422.40 Moderate 85 15 0 0 0
Cowlitz (015)$142,049.80 Moderate 85 8 7 0 0
Douglas (017)$1.71 Minor 80 0 0 20 0
Ferry (019)$899,291.73 Major 85 12 3 0 0
Garfield (023)$97,771.86 Minor 80 20 0 0 0
Grays Harbor (027)$372,568.69 Major 80 17 3 0 0
Jefferson (031)$1,014,909.74 Major 85 13 2 0 0
King (033)$220,493.99 Moderate 85 8 7 0 0
Kittitas (037)$745,802.32 Major 85 15 0 0 0
Klickitat (039)$51,732.12 Minor 85 15 0 0 0
Lewis (041)$1,807,819.99 Major 85 15 0 0 0
Mason (045)$366,163.33 Major 80 13 7 0 0
Okanogan (047)$1,786,875.87 Major 85 11 4 0 0
Pend Oreille (051)$764,053.53 Major 85 15 0 0 0
Pierce (053)$231,775.97 Moderate 85 8 7 0 0
Skagit (057)$519,037.56 Major 85 8 7 0 0
Skamania (059)$3,416,538.21 Major 85 9 6 0 0
Snohomish (061)$657,952.92 Major 85 8 7 0 0
Stevens (065)$365,592.98 Major 85 15 0 0 0
Thurston (067)$1,137.17 Minor 100 0 0 0 0
Walla Walla (071)$2,981.12 Minor 100 0 0 0 0
Whatcom (073)$1,026,697.59 Major 80 20 0 0 0
Yakima (077)$1,283,412.61 Major 85 8 7 0 0
Note *** - A yellow highighted item signifies that the current distribution rate is out of
compliance based upon the FY21 earnings levels. Refer to the Instructions &
Elections Form for the most current SRS election guidelines.
Note **** - The Failure to Elect percentages represent counties that failed to make
SRS elections in 2013 and those values have carried forward based on SRS
legislative reauthorizations. This category is not an avaialble option within the current
elections cycle by the counties.
WASHINGTON(53)
Expired Elections With FY 2021 Earnings
Fiscal Year : 2021 National : Yes
County :NA
Note * - These figures represent the actual amounts that each county earned in
FY2021. Title I, III were distributed to the counties via the State payment process.
Title II and Failure to elect amounts are withheld by the Forest Service pending the
Resource Advisory Committee (RAC) project reqeust/approval process. To Treasury
percentages are transferred to the US Treasury General Fund.
Note **- See the Instructions & Elections Form for SRS guidelines for election
distribution rates based upon current FY21 earned amounts.
Electoon ReceDve Secure Aural Sc
R ES0=L DON
ioo
13
s and CornmunDty Self DeterrnD
otle 00 and 'otle 000 funds
natoo a Furdfing and Allocatoor of
Congress reauthorized the Secure Rural Schools and Community Self Determination Program
SRS) in PL 112-142; and
ifEAS, the law calls for the County to elect to either receive the SRS funding or return to 25% of
actual receipts from the forest , with notification to tne Governor's Office of said election, to be
forwarded to the Forest Service on behalf of the Secretary of Agriculture; and
WHEREAS, the County must further elect to allocate from 15 to 20% of the Full County Payment to 'it e
II (Resource Advisory Council approved projects) and Title III (Specific County approved projects); with
no more than 7% allocated to Title III and with notification to the Governor's Office of said election; and
HEREAS, Washington State Association of Counties has been designated by the Governor's office to
collect and compile said elections by all affected counties for transmittal.
NOW THEREFORE LSE ET vESVfE that the Board of County Commissioners hereby elects to receive the
SRS payment in lieu of 25% of actual receipts; and 1E
0`f Fl RLRnER R S _NED; that the Board of County Commissioners hereby elects to allocate 20% of the Full
County Payment to Titles II and III; and BE
IT FURTHER RESOLVED; that the Board of County Commissioners hereby elects to allocate 13% of the
Full County Payment to Titles II and 7 % to Title III; and BE
Doi FDN .Y RESOLVED; that the Clerk of the Board will transmit a copy of this resolution to the Washington
State Association of Counties as soon as practicable for transmittal to the Forest Service via the
Governor's Office. Adopted
this 1st day of October 2013 ATTEST:
Clerk
of the Board APPROVED
AS TO FORM: Tim
Whitehead, Chief DPA BOARD
OF ClOUNTV COWMDSSOO\E MASON,
WASH D \CON n
Vs4x Randy
Neatherlin, Chair Tim
Sheldon, Commissioner Terri
Jeffreys, Co `' sioner
RESOLUTION NO._________
AMENDING RESOLUTION NO. 49-13
A MASON COUNTY RESOLUTION FOR THE ELECTION TO RECEIVE SECURE RURAL
SCHOOLS AND ROADS FUNDING AND ALLOCATION OF TITLE I, TITLE II, AND TITLE III
FUNDS
WHEREAS, Congress reauthorized the Secure Rural Schools and Community Self Determination
Program (SRS) in PL 117-58; and
WHEREAS, the law calls for the County to elect to receive the allocation, in whole or part, or
return its share to the Federal Government; and
WHEREAS, the County must further elect to allocate from 80% to 85% of the Full County
Payment to Title I (Secure Schools and Roads), and the County must allocate 15% to 20% of its share to
Title II, Title III, or a combination of both, except that the allocation for Title III projects may not exceed
7%; and
WHEREAS, Washington State Office of the Treasurer has been designated by the Governor’s
Office to collect and compile said elections by all affected counties for transmittal.
NOW THEREFORE BE IT RESOLVED, that the Board of County Commissioners hereby elects
to receive the SRS payment; and
BE IT FURTHER RESOLVED, the Board of County Commissioners hereby elects to allocate
85% of the Full County Payment to Title I, 8% to Title II, and 7% to Title III; and
BE IT FINALLY RESOLVED; that the Clerk of the Board will transmit a copy of this resolution
to the Washington State Office of the Treasurer as soon as practicable for transmittal to the Forest Service
via the Governor’s Office.
ADOPTED this ____________ day of 2022.
BOARD OF MASON COUNTY COMMISSIONERS
__________________________________
Kevin Shutty, Chairperson
Sharon Trask, Commissioner
__________________________________
Randy Neatherlin, Commissioner
ATTEST:
_____________________________________
McKenzie Smith, Clerk of the Board
_____________________________________
Tim Whitehead, Chief DPA
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Lisa Frazier
Ext. 484
Department: Treasurer's Office
Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): August 22, 2022
Agenda Date: August 30, 2022
Internal Review: ☒ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other
(This is the responsibility of the requesting Department)
Below for Clerk of the Board’s Use Only:
Item Number: __________
Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken
Ordinance/Resolution No. __________ Contract No. __________ County Code: __________
Item:
Resolution to Amend Resolution #32-18 – Mason County Utilities and Waste Management Cash Drawers
Background/Executive Summary:
The Treasurer’s Office is tasked with the review and recommendations of imprest funds, petty cash and
cash drawers. In reviewing cashing handling practices and working with Utilities and Waste, it has been
determined that in order to provide internal control oversight of cash drawers at Mason County Solid
Waste Facilities, staff at those locations need to have access and accountability for their own cash drawer.
This requires that amount of cash drawers available be increased from six (6) to eight (8) and the amounts
available in each drawer increased.
Budget Impact (amount, funding source, budget amendment):
$1,700
Public Outreach (news release, community meeting, etc.):
None
Requested Action:
Approval of the Resolution amending Resolution No. 32-18 to increase the Mason County Utilities and
Waste Management cash drawers from six to eight.
Attachments:
Resolution
RESOLUTION NO.
AMENDING RESOLUTION NO. 32-18
MASON COUNTY UTILITIES & WASTE MANAGEMENT CASH DRAWERS
WHEREAS, Mason County Department of Utilities & Waste Management has the operation of
the Mason County Solid Waste Facilities, and
WHEREAS, in discussions with the Mason County Treasurer’s Office and the Mason County Audit
Committee, that in order to provide internal control oversight of cash drawers at Mason County Solid
Waste Facilities, implementation of recommended best practices require each of the Solid Waste staff
have access and accountability for their own cash drawer.
THEREFORE, no cash drawers will be shared. All drawers will be locked and assigned to a
specified Solid Waste staff member. The Solid Waste Manager will be responsible for the change
drawer and written policies and procedures will be followed for making change from the Solid Waste
Manager’s change drawer.
THEREFORE, the Mason County Treasurer and the Mason County Audit Committee recommend
an increase from the current six (6) cash drawers as identified in Resolution No. 32-18 to eight (8) cash
drawers as identified below and the amounts be increased accordingly.
CASH DRAWER # CURRENT CASH DRAWER AMOUNT NEW CASH DRAWER AMOUNT
#1 $250.00 $400
#2 $250.00 $400
#3 $250.00 $400
#4 $200.00 $400
#5 $200.00 $400
#6 $ .00 $400
#7 $ .00 $400
#8 MANAGER CHANGE BAG $450.00 $500
Total $1,600 New Total $3,300
NOW THEREFORE, BE IT RESOLVED THAT, the Board of Mason County Commissioners approved the
recommendation of the Mason County Treasurer and the Mason County Audit Committee and the cash
drawers as listed above in the new amounts are approved. The Mason County Department of Utilities
and Waste is authorized to take the appropriate steps to create and increase the cash drawers as
established above.
APPROVED this , day of August, 2022.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
ATTEST: Kevin Shutty, Chair
Elisabeth Frazier, Mason County Treasurer
Sharon Trask, Commissioner
ATTEST:
McKenzie Smith, Clerk of the Board Randy Neatherlin, Commissioner
APPROVED AS TO FORM:
Tim Whitehead, Chief DPA
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Randy Collins
Ext. 309
Department: Fire Marshall
Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): August 22, 2022
Agenda Date: August 30, 2022
Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other
(This is the responsibility of the requesting Department)
Below for Clerk of the Board’s Use Only:
Item Number: __________
Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken
Ordinance/Resolution No. __________ Contract No. __________ County Code: __________
Item:
Burn Restrictions/Burn Ban Policy
Background/Executive Summary:
With fire seasons growing longer and Mason County being subject to an increasing number of heat waves
and wildfire threats, a strong need has emerged to adopt a unified policy for implementing burn
restrictions and burn bans. For years, this has been accomplished at State and Federal levels through use
of the National Fire Danger Rating System which at times, has not been followed by the County. This
has often resulted in public confusion and frustrated local Fire Districts who spend a considerable amount
of time and resources responding to burn complaints. With most challenged by staffing shortages, it also
increases the risk of their agency being delayed to a true-life threatening emergency while engaged on
such calls. In an effort to minimize public confusion and reduce the demand on the Fire Districts, this
policy was approved overwhelmingly by the County Fire Chiefs at their August meeting and is being
brought to the Commissioners for their concurrence.
Budget Impact (amount, funding source, budget amendment):
None
Public Outreach (news release, community meeting, etc.):
Outreach methods to notify the public of any changes in burn restrictions will continue to be the
following: press releases, posting the information on the County’s website and Fire Marshal’s page,
posting on the County’s Facebook pages, and use of MACECOM’s Active 911 system to notify the Fire
Districts ahead of any public announcements.
Mason County
Agenda Request Form
Requested Action:
Approval to implement the Mason County Fire Marshal’s Office Burn Restrictions Policy.
Attachments:
Burn Restrictions Policy
Mason County Fire Marshal’s Office
POLICY: Burn Restrictions APPROVED BY:
PAGE 1 OF 2 EFFECTIVE DATE:
Originated: July 10, 2022 Page: 1 of 2
PURPOSE
As a County of rural properties and large forested areas, the use of controlled fire has played an important
role for its residents and timber industry. Due to the number of fire agencies involved in the permitting and
response component as well as the sensitivity of the public, there is a need to develop a uniform process
for the implementation of such restrictions. The purpose of this policy is to provide a consistent and
coordinated approach for implementing burn restrictions and/or bans in Mason County that follows a
widely accepted and scientific process. While it is in the best interest of all stakeholders to remain consistent,
nothing in this policy shall limit the ability of a specific fire agency to implement a more restrictive approach if
warranted by other factors such as staffing patterns or climatic conditions unique to their jurisdiction
DEFINITIONS
Land Clearing Burning: Outdoor burning of trees, stumps, shrubbery, or other natural vegetation from land
clearing projects (I.E. projects that clear the land so it can be developed, used for a different purpose or left
unused). Please note a permit for this activity is first required from the Mason County Fire Marshal’s Office.
Residential Burning: The outdoor burning of leaves, clippings, pruning and other natural yard and gardening
refuse by a property owner. Such activities do not require a permit but are prohibited in the Urban Growth
Areas of Allyn, Belfair and Shelton.
Recreational Burning: Cooking and campfires using charcoal or firewood in a metal, concrete or rock circle
such as those typically found in campgrounds
Exempt Appliances/Devices: Gas appliances (grills, bar-b-ques and fire pits), smokers and wood fired pizza
ovens
METHODOLOGY
Of the various systems used for implementing burn restrictions, the most widely used is the National Fire Danger
Rating System (NFDRS) which identifies five color coded levels of fire danger ranging from Low (Green) to
Extreme (Red) and is summarized in Table 1 below. As a system that has been adopted by Federal Fire Agencies
as well as the Washington Department of National Resources (DNR), the NFDRS shall be used as the
methodology to establish burn restrictions within Mason County. Additional information on the NFDRS can be
found at: https://www.nwcg.gov/sites/default/files/products/pms932.pdf
POLICY
Due to the overlap in State and local jurisdictional responsibility and to minimize public confusion, it shall
be the policy of the Mason County Fire Marshal’s Office (MCFMO) and Mason County Fire Chief’s
Association (MCFCA) to remain as consistent as possible with any burn restrictions or bans
implemented on Federal or DNR lands. To that end, when notified by the DNR of any impending
restrictions, they shall be mirrored by the MCFMO and MCFCA. These usually occur during the
Cooperating Agencies Conference Call held each Wednesday at 10 AM between the Federal Fire
Agencies and DNR when the predicted fire danger for the upcoming week is announced. Depending
on the level of fire danger, the corresponding burning restriction identified in Table 1 will apply.
Mason County Fire Marshal’s Office
POLICY: Burn Restrictions APPROVED BY:
PAGE 2 OF 2 EFFECTIVE DATE:
Originated: July 10, 2022 Page: 2 of 2
Table 1
NFDRS & Corresponding Restrictions
Fire Danger
Rating and
Color Code
Description Land
Clearing
Residential
Burning
Recreational
Burning
Low (L)
Green
Fuels do not ignite readily from small firebrands although a
more intense heat source such as lighting may start fires in duff
or punky wood. Fires in open cured grasslands may burn
freely a few hours after rain but wood fires spread slowly by
creeping or smoldering and burn in irregular fingers.
Allowed
(Permit
Required)
Allowed Allowed
Moderate
(M) Blue
Fires can start from most accidental causes, but with the
exception of lightning, fires in some areas, the number of starts
is generally low. Fires in open cured grasslands will burn
briskly and spread rapidly on windy days. Timber fires spread
slowly to moderately fast.
Restricted Restricted Allowed
High (H)
Yellow
All fine dead fuels ignite readily and fires start easily from most
causes. Unattended brush and campfires are likely to escape.
Fires spread rapidly and short distance spotting is common.
High intensity burning may develop on slopes or in
concentrations of finer fuels
Restricted Restricted Restricted if
by DNR
Proclamation
or ORRCA
Very High
(VH) Orange
Fires start easily from all causes and immediately after ignition
spread rapidly and increase quickly in intensity. Spot fires are a
constant danger. Fires burning in light fuels may quickly
develop high intensity characteristics such as long distance
spotting and fire whirlwinds when they burn into heavier fuels
Restricted Restricted Restricted
Extreme (E)
Red
Fires start quickly, spread furiously and burn intensely. All fires
are potentially serious. Development into high intensity burning
will usually be faster and occur from smaller fires than in the
very high danger class. Direct attack is rarely possible and may
be dangerous except immediately after ignition
Restricted Restricted Restricted
On occasion, situations may arise that warrant implementing burn restrictions at a time outside of the Cooperating
Agencies Conference Call. If this should occur, the MCFMO shall work with DNR and the MCFCA in an expeditious
manner to make such a determination as soon as is practical.
NOTIFICATION/MESSAGING
Once a determination has been made to implement any burn restrictions, it is imperative a clear and consistent
message is disseminated to the fire community, allied governmental agencies, elected officials and the general
public. To achieve this, the MCFMO shall take the following actions:
• Alert the Fire Districts using the Active 911 system prior to notifying the media and general public
• Issue a press release to prominent media organizations and the general public
• Post the information on the County website home page and Fire Marshal’s website
• Post to the County’s Facebook page
In addition to these activities, all County Fire Districts shall make a good faith effort to share and distribute this
information to the public within their respective jurisdictions. It is recognized that when restrictions are implemented,
fire personnel will encounter some burning by responsible property owners until the notifications become well known.
When responding to these situations, personnel should use their professional judgement to evaluate the hazard to the
wildland before taking action. As entities with intimate knowledge of both their population and response area, each
is unique position to deliver the message at a personal level along with an opportunity to education their constituents
as to the dangers or wildfires and importance of the restrictions.
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Michael MacSems Ext. 571
Department: Community Services Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): August 8, 2022 Agenda Date: August 30, 2022
Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other
(This is the responsibility of the requesting Department)
Below for Clerk of the Board’s Use Only:
Item Number: __________
Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken
Ordinance/Resolution No. __________ Contract No. __________ County Code: __________
Item:
Appoint William Jensen, Steven Bass, and Caleb Cowles to the Historic Preservation Commission
Background/Executive Summary:
The Mason County Historic Preservation Commission is a seven-member commission which serves to
identify and actively encourage the conservation of Mason County’s historic resources. Members serve
three-year terms.
Currently there are three open unexpired terms and three applicants.
Budget Impact (amount, funding source, budget amendment):
None
Public Outreach (news release, community meeting, etc.):
N/A
Requested Action:
Approval to appoint William Jensen, Steven Bass, and Caleb Cowles to the Historic Preservation
Commission to fill three vacant seats.
Attachments:
Applications
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Mike Collins
Ext. 450
Department: Public Works
Briefing: ☒
Action Agenda: ☐
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): August 15, 2022
Agenda Date: August 30, 2022
Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other
(This is the responsibility of the requesting Department)
Below for Clerk of the Board’s Use Only:
Item Number: __________
Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken
Ordinance/Resolution No. __________ Contract No. __________ County Code: __________
Item:
2023 Call for Bids for Paint Line, Asphalt Emulsion, Culvert Pipe and Lining, Manufacturing and
Stockpiling of Chip Seal Aggregate and Asphaltic Materials
Background/Executive Summary:
Annually Mason County Public Works calls for bids for Paint Line, Asphalt Emulsion, Culvert Pipe and
Lining, Manufacturing and Stockpiling of Chip Seal Aggregate and Asphaltic Materials for summer road
maintenance projects. The purpose of the call for bids is to solicit bids for the procurement of road
maintenance materials and services needed for the 2023 maintenance programs. The annual purchase of
these materials and services are expected to exceed $50,000; therefore, formal competitive bidding is
required for each.
Budget Impact (amount, funding source, budget amendment):
Each of the contracts for materials and services are in the proposed draft budget for 2023.
Public Outreach (news release, community meeting, etc.):
Advertisement in the Shelton Journal, Daily Journal of Commerce, and Builders Exchange.
Requested Action:
Approval to authorize Public Works to advertise, set bid opening dates/times, award contracts and allow
the Chair to sign all pertinent documents for call for bids for routine Paint Line, Asphalt Emulsion,
Culvert Pipe and Lining, Manufacturing and Stockpiling of Chip Seal Aggregate and Asphaltic Materials
for 2023.
Attachments:
N/A
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Mike Collins & Richard Dickinson
Ext. 450
Department: Public Works
Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): August 15, 2022
Agenda Date: August 30, 2022
Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other
(This is the responsibility of the requesting Department)
Below for Clerk of the Board’s Use Only:
Item Number: __________
Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken
Ordinance/Resolution No. __________ Contract No. __________ County Code: __________
Item:
Amending Consultant and Maintenance Service Agreements
Background/Executive Summary:
Currently, Public Works has five (5) consultant agreements and one (1) maintenance service agreement
that will be expiring at the end of the 2022 calendar year. In order to complete the consultant projects and
continue necessary maintenance services we are requesting the Board authorize the following for each
agreement:
Project Consultant/
Contractor
Requesting
to Extend
Agreement
Current
Maximum
Payout
Requesting
Increase to
agreement/
contract
Engineering & Design Services for
the Fish Barrier Correct Culvert
Projects
Exeltech
Consulting,
Inc.
Yes $218,810 No
Public Work Facility Water/
Wastewater System Design
Gibbs &
Olson Yes $90,000 Yes, additional
$15,000
Hydraulic/Hydrological Analysis
and Design Services for Lower
Uncle Johns Creek culvert
replacement
Parametrix,
Inc. Yes $25,000 Yes, additional
$25,000
On-Call Post Closure for Mason
County Landfill
Parametrix,
Inc. Yes $7,602 No
Grinder Pump Service Maintenance Correct
Equipment Yes
Based on # of
replaced or
repaired yearly
No
Mason County
Agenda Request Form
Budget Impact (amount, funding source, budget amendment):
All agreements are in the current Road and Utility budget and the requested agreement increases are in
the proposed draft budget for 2023.
Public Outreach (news release, community meeting, etc.):
N/A
Requested Action:
Approval to authorize Public Works Deputy Director/County Engineer to extend the agreements for
Engineering & Designs Services for the Fish Barrier Correct Culvert Projects with Exceltech Consulting,
Inc. and extend and add an addition $15,000 for the Public Works Facility Water/Wastewater System
Design with Gibbs & Olson and extend and add an additional $25,000 for the Hydraulic/Hydrological
analysis for Lower Uncle John Creek Project with Parametrix, Inc.; and approval to authorize the Public
Works Deputy Director/U&W Management to extend the On-Call Post Closure for Mason County
Landfill agreement with Parametrix and the Grinder Pump Service Maintenance agreement with Correct
Equipment.
Attachments:
N/A
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Mike Collins
Ext. 450
Department: Public Works
Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): August 15, 2022
Agenda Date: August 30, 2022
Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other
(This is the responsibility of the requesting Department)
Below for Clerk of the Board’s Use Only:
Item Number: __________
Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken
Ordinance/Resolution No. __________ Contract No. __________ County Code: __________
Item:
On-Call Consultant Services for Materials Testing and Engineering and Construction Services
Background/Executive Summary:
Each year, the Board has authorized Public Works to use the County MRSC Consultant Roster to select
and enter into multiple agreements for on-call services, as needed. At this time, Public Works needs on-
call agreements for Materials Testing and Engineering and Construction services for upcoming county
road projects and other Public Works activities; including emergencies. Public Works would like
authorization to use the County MRSC Consultant Roster to select and enter into agreements for these
services.
Budget Impact (amount, funding source, budget amendment):
With the anticipation of these services being required for most of our upcoming Public Works projects;
we would like the maximum amount for each of these services not to exceed $200,000 to cover the
known county road project needs and any unanticipated events. Cost will be incurred for specific projects
and events in compliance with the Public Works approved budget.
Public Outreach (news release, community meeting, etc.):
County MRSC Roster
Requested Action:
Approval for the County Engineer to procure and execute agreements for Materials Testing and
Engineering and Construction services from the County MRSC Consultant Roster. Each agreement will
be for two years with one automatic one-year renewal and a maximum pay-out for each service agreement
is not to exceed $200,000.
Attachments:
N/A
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Mike Collins
Ext. 450
Department: Public Works
Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): August 22, 2022
Agenda Date: August 30, 2022
Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other
(This is the responsibility of the requesting Department)
Below for Clerk of the Board’s Use Only:
Item Number: __________
Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken
Ordinance/Resolution No. __________ Contract No. __________ County Code: __________
Item:
Reappointments to the Transportation Improvement Program Citizen Advisory Panel (TIP-CAP)
Background/Executive Summary:
There are six (6) members with terms that expired on August 1, 2022. All six members indicated they
would be willing to serve another term and have submitted applications for the Board’s consideration.
Below are the applicants that Commissioners considered to move forward with re-appointment at the
August 22, 2022 Briefing and list of current members.
Requesting Reappointment
Name District Term Expiration
Tim Lincoln 1 – Rural 3-years 8/30/2025
Phil Wolff 1 – Rural 2-years 8/30/2024
Don Pogreba 3 – Rural 3-years 8/30/2025
Currently Appointed TIP-CAP Members
Name District Appointment Expiration
Amy Asher Transit
2 – Rural 3/1/2022 3/1/2024
Budget Impact (amount, funding source, budget amendment):
N/A
Public Outreach (news release, community meeting, etc.):
To date, recruitment for new members has not yet yield any new applications. Public Works continues to
seek citizen volunteers to serve on TIP-CAP.
Mason County
Agenda Request Form
Requested Action:
Approval to reappoint Don Pogreba and Tim Lincoln for a three-year term and Philip Wolff for two-year
term on the Transportation Improvement Program Citizen Advisory Panel (TIP-CAP).
Attachments:
Applications
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Mark Neary
Ext. 530
Department: County Administrator
Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): August 22, 2022
Agenda Date: August 30, 2022
Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ Information Technology ☐ Other
(This is the responsibility of the requesting Department)
Below for Clerk of the Board’s Use Only:
Item Number: __________
Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken
Ordinance/Resolution No. __________ Contract No. __________ County Code: __________
Item:
Allocation Agreement and Memorandum of Understanding Regarding Opioid Distributors Settlement
Background/Executive Summary:
Attorney General Bob Ferguson rejected a national settlement between McKesson Corp., Cardinal Health
Inc., and AmerisourceBergen Drug Corp. in order to take the three opioid distributors to trial resulting in
Washington State receiving $46 million in additional resources from the distributors to provide substance
abuse treatment and support other strategies to address the opioid crisis.
The resolution is not final until all litigating Washington jurisdictions and at least 90% of non-litigating
jurisdictions with populations over 10,000 agree to its terms by September 23, 2022. If approved,
Washington State will receive $518 million to be paid out over a period of 17 years.
Budget Impact (amount, funding source, budget amendment):
$1.5 million
Public Outreach (news release, community meeting, etc.):
N/A
Requested Action:
Approval for the Chair to sign the Allocation Agreement Governing the Allocation of Funds Paid by the
Settling Opioid Distributors in Washington State, Subdivision Settlement Participation Form, and the One
Washington Memorandum of Understanding between Washington Municipalities.
Attachments:
Allocation Agreement
Settlement Agreement
Subdivision Settlement Participation Form
Memorandum of Understanding
1
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 O 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.
2
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
3
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
4
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
5
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.
I. 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.C of Exhibit R of the Global Settlement,
or (iii) costs paid to subdivision attorneys from the MDL Expense Fund
6
for expenses incurred by the attorneys pursuant to Section II.E 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
7
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.
8
FOR THE STATE OF WASHINGTON:
ROBERT W. FERGUSON
Attorney General
JEFFREY G. RUPERT
Division Chief
Date:
9
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.
EXHIBIT 1
Distributors Settlement
DISTRIBUTORS WASHINGTON
SETTLEMENT AGREEMENT
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
1
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 b y 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.
2
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.C 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
3
(“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.C 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.C 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
4
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.C (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.C 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.
5
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
6
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 i s
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.
7
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:
8
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.]
Authorized and agreed to by:
Dated: AMERISOURCEBERGEN CORPORATION
By:
Elizabeth Campbell
Executive Vice President and Chief Legal Officer
May 2, 2022
Authorized and agreed to by:
Dated: 04/29/2022 CARDINAL HEALTH, INC.
By:
Name: Jessica Mayer
Title: Chief Legal and Compliance Officer
A-1
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-2
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-3
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*
B-1
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
C-1
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.
D-1
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.
E-1
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.
F-1
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.
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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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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: _________________________________
G-1
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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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
G-6
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.
G-7
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.
G-8
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.U of the Global Agreement.
G-9
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 RODRÍGUEZ LÓPEZ,
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
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
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ANN RITTER, pro hac vice
SARA AGUINGUA, pro hac vice
DAVID BURNETT, pro hac vice
VINCENT GREENE, pro hac vice
Attorneys for Plaintiff State of Washington
WILLIAM F. HAWKINS, pro hac vice
Attorneys for Defendant Cardinal Health Inc.
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
G-11
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-12
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.
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
MCKESSON
Franklin D. Cordell fcordell@gordontilden.com
Jeffrey M. Thomas jthomas@gordontilden.com
Kasey Huebner khuebner@gordontilden.com
Christopher Eppich, Atty ceppich@cov.com
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
G-13
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 ngriepsma@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-14
DATED ___ day of ____________________ 2022, at Seattle, Washington.
s/
ANDREW R.W. HUGHES, WSBA No. 49515
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
EXHIBIT 2
Subdivision Settlement Participation Form
(Exhibit F of the Distributors Settlement)
EXHIBIT 3
One Washington Memorandum of Understanding Between Washington Municipalities
1
ONE WASHINGTON MEMORANDUM OF UNDERSTANDING BETWEEN
WASHINGTON MUNICIPALITIES
Whereas, the people of the State of Washington and its communities have been harmed by
entities within the Pharmaceutical Supply Chain who manufacture, distribute, and dispense
prescription opioids;
Whereas, certain Local Governments, through their elected representatives and counsel,
are engaged in litigation seeking to hold these entities within the Pharmaceutical Supply Chain of
prescription opioids accountable for the damage they have caused to the Local Governments;
Whereas, Local Governments and elected officials share a common desire to abate and
alleviate the impacts of harms caused by these entities within the Pharmaceutical Supply Chain
throughout the State of Washington, and strive to ensure that principals of equity and equitable
service delivery are factors considered in the allocation and use of Opioid Funds; and
Whereas, certain Local Governments engaged in litigation and the other cities and counties
in Washington desire to agree on a form of allocation for Opioid Funds they receive from entities
within the Pharmaceutical Supply Chain.
Now therefore, the Local Governments enter into this Memorandum of Understanding
(“MOU”) relating to the allocation and use of the proceeds of Settlements described.
A.Definitions
As used in this MOU:
1.“Allocation Regions” are the same geographic areas as the existing
nine (9) Washington State Accountable Community of Health (ACH) Regions
and have the purpose described in Section C below.
2.“Approved Purpose(s)” shall mean the strategies specified and set
forth in the Opioid Abatement Strategies attached as Exhibit A.
3.“Effective Date” shall mean the date on which a court of
competent jurisdiction enters the first Settlement by order or consent decree. The
Parties anticipate that more than one Settlement will be administered according to
the terms of this MOU, but that the first entered Settlement will trigger allocation
of Opioid Funds in accordance with Section B herein, and the formation of the
Opioid Abatement Councils in Section C.
4.“Litigating Local Government(s)” shall mean Local Governments
that filed suit against any Pharmaceutical Supply Chain Participant pertaining to
the Opioid epidemic prior to September 1, 2020.
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5.“Local Government(s)” shall mean all counties, cities, and towns
within the geographic boundaries of the State of Washington.
6.“National Settlement Agreements” means the national opioid
settlement agreements dated July 21, 2021 involving Johnson & Johnson, and
distributors AmerisourceBergen, Cardinal Health and McKesson as well as their
subsidiaries, affiliates, officers, and directors named in the National Settlement
Agreements, including all amendments thereto.
7.“Opioid Funds” shall mean monetary amounts obtained through a
Settlement as defined in this MOU.
8.“Opioid Abatement Council” shall have the meaning described in
Section C below.
9.“Participating Local Government(s)” shall mean all counties,
cities, and towns within the geographic boundaries of the State that have chosen
to sign on to this MOU. The Participating Local Governments may be referred to
separately in this MOU as “Participating Counties” and “Participating Cities and
Towns” (or “Participating Cities or Towns,” as appropriate) or “Parties.”
10.“Pharmaceutical Supply Chain” shall mean the process and
channels through which controlled substances are manufactured, marketed,
promoted, distributed, and/or dispensed, including prescription opioids.
11.“Pharmaceutical Supply Chain Participant” shall mean any entity
that engages in or has engaged in the manufacture, marketing, promotion,
distribution, and/or dispensing of a prescription opioid, including any entity that
has assisted in any of the above.
12.“Qualified Settlement Fund Account,” or “QSF Account,” shall
mean an account set up as a qualified settlement fund, 468b fund, as authorized by
Treasury Regulations 1.468B-1(c) (26 CFR §1.468B-1).
13.“Regional Agreements” shall mean the understanding reached by
the Participating Local Counties and Cities within an Allocation Region
governing the allocation, management, distribution of Opioid Funds within that
Allocation Region.
14.“Settlement” shall mean the future negotiated resolution of legal or
equitable claims against a Pharmaceutical Supply Chain Participant when that
resolution has been jointly entered into by the Participating Local
Governments. “Settlement” expressly does not include a plan of reorganization
confirmed under Title 11of the United States Code, irrespective of the extent to
which Participating Local Governments vote in favor of or otherwise support such
plan of reorganization.
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15.“Trustee” shall mean an independent trustee who shall be
responsible for the ministerial task of releasing Opioid Funds from a QSF account
to Participating Local Governments as authorized herein and accounting for all
payments into or out of the trust.
16.The “Washington State Accountable Communities of Health” or
“ACH” shall mean the nine (9) regions described in Section C below.
B.Allocation of Settlement Proceeds for Approved Purposes
1.All Opioid Funds shall be held in a QSF and distributed by the
Trustee, for the benefit of the Participating Local Governments, only in a manner
consistent with this MOU. Distribution of Opioid Funds will be subject to the
mechanisms for auditing and reporting set forth below to provide public
accountability and transparency.
2.All Opioid Funds, regardless of allocation, shall be utilized
pursuant to Approved Purposes as defined herein and set forth in Exhibit A.
Compliance with this requirement shall be verified through reporting, as set out in
this MOU.
3.The division of Opioid Funds shall first be allocated to
Participating Counties based on the methodology utilized for the Negotiation
Class in In Re: National Prescription Opiate Litigation, United States District
Court for the Northern District of Ohio, Case No. 1:17-md-02804-DAP. The
allocation model uses three equally weighted factors: (1) the amount of opioids
shipped to the county; (2) the number of opioid deaths that occurred in that
county; and (3) the number of people who suffer opioid use disorder in that
county. The allocation percentages that result from application of this
methodology are set forth in the “County Total” line item in Exhibit B. In the
event any county does not participate in this MOU, that county’s percentage share
shall be reallocated proportionally amongst the Participating Counties by applying
this same methodology to only the Participating Counties.
4.Allocation and distribution of Opioid Funds within each
Participating County will be based on regional agreements as described in
Section C.
C.Regional Agreements
1.For the purpose of this MOU, the regional structure for decision-
making related to opioid fund allocation will be based upon the nine (9) pre-
defined Washington State Accountable Community of Health Regions (Allocation
Regions). Reference to these pre-defined regions is solely for the purpose of
4
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
5
made opioids epidemic-related expenditures in the past. This is the same
methodology used in the National Settlement Agreements for county and
intra-county allocations. A Participating County, and the Cities and Towns
within it may enter into a separate intra-county allocation agreement to
modify how the Opioid Funds are allocated amongst themselves, provided
the modification is in writing and agreed to by all Participating Local
Governments in the County. Such an agreement shall not modify any of
the other terms or requirements of this MOU.
b.10% of the Opioid Funds received by the Region will be reserved,
on an annual basis, for administrative costs related to the OAC. The OAC
will provide an annual accounting for actual costs and any reserved funds
that exceed actual costs will be reallocated to Participating Local
Governments within the Region.
c.Cities and towns with a population of less than 10,000 shall be
excluded from the allocation, with the exception of cities and towns that
are Litigating Participating Local Governments. The portion of the Opioid
Funds that would have been allocated to a city or town with a population
of less than 10,000 that is not a Litigating Participating Local Government
shall be redistributed to Participating Counties in the manner directed
in C.4.a above.
d.Each Participating County, City, or Town may elect to have its
share re-allocated to the OAC in which it is located. The OAC will then
utilize this share for the benefit of Participating Local Governments within
that Allocation Region, consistent with the Approved Purposes set forth in
Exhibit A. A Participating Local Government’s election to forego its
allocation of Opioid Funds shall apply to all future allocations unless the
Participating Local Government notifies its respective OAC otherwise. If a
Participating Local Government elects to forego its allocation of the
Opioid Funds, the Participating Local Government shall be excused from
the reporting requirements set forth in this Agreement.
e.Participating Local Governments that receive a direct
payment maintain full discretion over the use and distribution of their
allocation of Opioid Funds, provided the Opioid Funds are used solely for
Approved Purposes. Reasonable administrative costs for a Participating
Local Government to administer its allocation of Opioid Funds shall not
exceed actual costs or 10% of the Participating Local Government’s
allocation of Opioid Funds, whichever is less.
f.A Local Government that chooses not to become a Participating
Local Government will not receive a direct allocation of Opioid Funds.
The portion of the Opioid Funds that would have been allocated to a Local
Government that is not a Participating Local Government shall be
6
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.
7
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.
8
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
9
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.
10
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
11
shall be governed by the Uniform Electronic Transactions Act. The Parties agree
not to deny the legal effect or enforceability of the MOU solely because it is in
electronic form or because an electronic record was used in its formation. The
Participating Local Government agree not to object to the admissibility of the
MOU in the form of an electronic record, or a paper copy of an electronic
document, or a paper copy of a document bearing an electronic signature, on
the grounds that it is an electronic record or electronic signature or that it is not in
its original form or is not an original.
5.Each Participating Local Government represents that all
procedures necessary to authorize such Participating Local Government’s
execution of this MOU have been performed and that the person signing for such
Party has been authorized to execute the MOU.
[Remainder of Page Intentionally Left Blank – Signature Pages Follow]
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This One Washington Memorandum of Understanding Between Washington
Municipalities is signed this _____ day of ___________________, 2022 by:
_______________________________________________
Name & Title ___________________________________
On behalf of ____________________________________
4894-0031-1574, v. 2
EXHIBIT A
1
O P I O I D A B A T E M E N T S T R A T E G I E S
PART ONE: TREATMENT
A.TREAT OPIOID USE DISORDER (OUD)
Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use
Disorder or Mental Health (SUD/MH) conditions, co-usage, and/or co-addiction through
evidence-based, evidence-informed, or promising programs or strategies that may include,
but are not limited to, the following:
1.Expand availability of treatment for OUD and any co-occurring SUD/MH conditions,
co-usage, and/or co-addiction, including all forms of Medication-Assisted Treatment
(MAT) approved by the U.S. Food and Drug Administration.
2.Support and reimburse services that include the full American Society of Addiction
Medicine (ASAM) continuum of care for OUD and any co-occurring SUD/MH
conditions, co-usage, and/or co-addiction, including but not limited to:
a.Medication-Assisted Treatment (MAT);
b.Abstinence-based treatment;
c.Treatment, recovery, or other services provided by states, subdivisions,
community health centers; non-for-profit providers; or for-profit providers;
d.Treatment by providers that focus on OUD treatment as well as treatment by
providers that offer OUD treatment along with treatment for other SUD/MH
conditions, co-usage, and/or co-addiction; or
e.Evidence-informed residential services programs, as noted below.
3.Expand telehealth to increase access to treatment for OUD and any co-occurring
SUD/MH conditions, co-usage, and/or co-addiction, including MAT, as well as
counseling, psychiatric support, and other treatment and recovery support services.
4.Improve oversight of Opioid Treatment Programs (OTPs) to assure evidence-based,
evidence-informed, or promising practices such as adequate methadone dosing.
5.Support mobile intervention, treatment, and recovery services, offered by qualified
professionals and service providers, such as peer recovery coaches, for persons with
OUD and any co-occurring SUD/MH conditions, co-usage, and/or co-addiction and
for persons who have experienced an opioid overdose.
6.Support treatment of mental health trauma resulting from the traumatic experiences of
the opioid user (e.g., violence, sexual assault, human trafficking, or adverse childhood
experiences) and family members (e.g., surviving family members after an overdose
2
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.
3
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.
4
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.
5
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.
6
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.
7
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.
8
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
9
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.
10
PART THREE: OTHER STRATEGIES
I.FIRST RESPONDERS
In addition to items C8, D1 through D7, H1, H3, and H8, support the following:
1.Current and future law enforcement expenditures relating to the opioid epidemic.
2.Educate law enforcement or other first responders regarding appropriate practices and
precautions when dealing with fentanyl or other drugs.
J.LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, and coordination to abate the opioid epidemic
through activities, programs, or strategies that may include, but are not limited to, the
following:
1.Community regional planning to identify goals for reducing harms related to the
opioid epidemic, to identify areas and populations with the greatest needs for
treatment intervention services, or to support other strategies to abate the opioid
epidemic described in this opioid abatement strategy list.
2.A government dashboard to track key opioid-related indicators and supports as
identified through collaborative community processes.
3.Invest in infrastructure or staffing at government or not-for-profit agencies to support
collaborative, cross-system coordination with the purpose of preventing
overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any
co-occurring SUD/MH conditions, co-usage, and/or co-addiction, supporting them in
treatment or recovery, connecting them to care, or implementing other strategies to
abate the opioid epidemic described in this opioid abatement strategy list.
4.Provide resources to staff government oversight and management of opioid abatement
programs.
K.TRAINING
In addition to the training referred to in various items above, support training to abate the
opioid epidemic through activities, programs, or strategies that may include, but are not
limited to, the following:
1.Provide funding for staff training or networking programs and services to improve the
capability of government, community, and not-for-profit entities to abate the opioid
crisis.
2.Invest in infrastructure and staffing for collaborative cross-system coordination to
prevent opioid misuse, prevent overdoses, and treat those with OUD and any co-
occurring SUD/MH conditions, co-usage, and/or co-addiction, or implement other
11
strategies to abate the opioid epidemic described in this opioid abatement strategy list
(e.g., health care, primary care, pharmacies, PDMPs, etc.).
L.RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:
1.Monitoring, surveillance, and evaluation of programs and strategies described in this
opioid abatement strategy list.
2.Research non-opioid treatment of chronic pain.
3.Research on improved service delivery for modalities such as SBIRT that demonstrate
promising but mixed results in populations vulnerable to opioid use disorders.
4.Research on innovative supply-side enforcement efforts such as improved detection of
mail-based delivery of synthetic opioids.
5.Expanded research on swift/certain/fair models to reduce and deter opioid misuse
within criminal justice populations that build upon promising approaches used to
address other substances (e.g. Hawaii HOPE and Dakota 24/7).
6.Research on expanded modalities such as prescription methadone that can expand
access to MAT.
EXHIBIT B
Local
County Government % Allocation
Adams County
Adams County 0.1638732475%
Hatton
Lind
Othello
Ritzville
Washtucna
County Total:0.1638732475%
Asotin County
Asotin County 0.4694498386%
Asotin
Clarkston
County Total:0.4694498386%
Benton County
Benton County 1.4848831892%
Benton City
Kennewick 0.5415650564%
Prosser
Richland 0.4756779517%
West Richland 0.0459360490%
County Total:2.5480622463%
Chelan County
Chelan County 0.7434914485%
Cashmere
Chelan
Entiat
Leavenworth
Wenatchee 0.2968333494%
County Total:1.0403247979%
Clallam County
Clallam County 1.3076983401%
Forks
Port Angeles 0.4598370527%
Sequim
County Total:1.7675353928%
*** - Local Government appears in multiple counties B-1
EXHIBIT B
Local
County Government % Allocation
Clark County
Clark County 4.5149775326%
Battle Ground 0.1384729857%
Camas 0.2691592724%
La Center
Ridgefield
Vancouver 1.7306605325%
Washougal 0.1279328220%
Woodland***
Yacolt
County Total:6.7812031452%
Columbia County
Columbia County 0.0561699537%
Dayton
Starbuck
County Total:0.0561699537%
Cowlitz County
Cowlitz County 1.7226945990%
Castle Rock
Kalama
Kelso 0.1331145270%
Longview 0.6162736905%
Woodland***
County Total:2.4720828165%
Douglas County
Douglas County 0.3932175175%
Bridgeport
Coulee Dam***
East Wenatchee 0.0799810865%
Mansfield
Rock Island
Waterville
County Total:0.4731986040%
Ferry County
Ferry County 0.1153487994%
Republic
County Total:0.1153487994%
*** - Local Government appears in multiple counties B-2
EXHIBIT B
Local
County Government % Allocation
Franklin County
Franklin County 0.3361237144%
Connell
Kahlotus
Mesa
Pasco 0.4278056066%
County Total:0.7639293210%
Garfield County
Garfield County 0.0321982209%
Pomeroy
County Total:0.0321982209%
Grant County
Grant County 0.9932572167%
Coulee City
Coulee Dam***
Electric City
Ephrata
George
Grand Coulee
Hartline
Krupp
Mattawa
Moses Lake 0.2078293909%
Quincy
Royal City
Soap Lake
Warden
Wilson Creek
County Total:1.2010866076%
*** - Local Government appears in multiple counties B-3
EXHIBIT B
Local
County Government % Allocation
Grays Harbor County
Grays Harbor County 0.9992429138%
Aberdeen 0.2491525333%
Cosmopolis
Elma
Hoquiam
McCleary
Montesano
Oakville
Ocean Shores
Westport
County Total:1.2483954471%
Island County
Island County 0.6820422610%
Coupeville
Langley
Oak Harbor 0.2511550431%
County Total:0.9331973041%
Jefferson County
Jefferson County 0.4417137380%
Port Townsend
County Total:0.4417137380%
*** - Local Government appears in multiple counties B-4
EXHIBIT B
Local
County Government % Allocation
King County
King County 13.9743722662%
Algona
Auburn***0.2622774917%
Beaux Arts Village
Bellevue 1.1300592573%
Black Diamond
Bothell***0.1821602716%
Burien 0.0270962921%
Carnation
Clyde Hill
Covington 0.0118134406%
Des Moines 0.1179764526%
Duvall
Enumclaw***0.0537768326%
Federal Way 0.3061452240%
Hunts Point
Issaquah 0.1876240107%
Kenmore 0.0204441024%
Kent 0.5377397676%
Kirkland 0.5453525246%
Lake Forest Park 0.0525439124%
Maple Valley 0.0093761587%
Medina
Mercer Island 0.1751797481%
Milton***
Newcastle 0.0033117880%
Normandy Park
North Bend
Pacific***
Redmond 0.4839486007%
Renton 0.7652626920%
Sammamish 0.0224369090%
SeaTac 0.1481551278%
Seattle 6.6032403816%
Shoreline 0.0435834501%
Skykomish
Snoqualmie 0.0649164481%
Tukwila 0.3032205739%
Woodinville 0.0185516364%
Yarrow Point
County Total:26.0505653608%
*** - Local Government appears in multiple counties B-5
EXHIBIT B
Local
County Government % Allocation
Kitsap County
Kitsap County 2.6294133668%
Bainbridge Island 0.1364686014%
Bremerton 0.6193374389%
Port Orchard 0.1009497162%
Poulsbo 0.0773748246%
County Total:3.5635439479%
Kittitas County
Kittitas County 0.3855704683%
Cle Elum
Ellensburg 0.0955824915%
Kittitas
Roslyn
South Cle Elum
County Total:0.4811529598%
Klickitat County
Klickitat County 0.2211673457%
Bingen
Goldendale
White Salmon
County Total:0.2211673457%
Lewis County
Lewis County 1.0777377479%
Centralia 0.1909990353%
Chehalis
Morton
Mossyrock
Napavine
Pe Ell
Toledo
Vader
Winlock
County Total:1.2687367832%
*** - Local Government appears in multiple counties B-6
EXHIBIT B
Local
County Government % Allocation
Lincoln County
Lincoln County 0.1712669645%
Almira
Creston
Davenport
Harrington
Odessa
Reardan
Sprague
Wilbur
County Total:0.1712669645%
Mason County
Mason County 0.8089918012%
Shelton 0.1239179888%
County Total:0.9329097900%
Okanogan County
Okanogan County 0.6145043345%
Brewster
Conconully
Coulee Dam***
Elmer City
Nespelem
Okanogan
Omak
Oroville
Pateros
Riverside
Tonasket
Twisp
Winthrop
County Total:0.6145043345%
Pacific County
Pacific County 0.4895416466%
Ilwaco
Long Beach
Raymond
South Bend
County Total:0.4895416466%
*** - Local Government appears in multiple counties B-7
EXHIBIT B
Local
County Government % Allocation
Pend Oreille County
Pend Oreille County 0.2566374940%
Cusick
Ione
Metaline
Metaline Falls
Newport
County Total:0.2566374940%
Pierce County
Pierce County 7.2310164020%
Auburn***0.0628522112%
Bonney Lake 0.1190773864%
Buckley
Carbonado
DuPont
Eatonville
Edgewood 0.0048016791%
Enumclaw***0.0000000000%
Fife 0.1955185481%
Fircrest
Gig Harbor 0.0859963345%
Lakewood 0.5253640894%
Milton***
Orting
Pacific***
Puyallup 0.3845704814%
Roy
Ruston
South Prairie
Steilacoom
Sumner 0.1083157569%
Tacoma 3.2816374617%
University Place 0.0353733363%
Wilkeson
County Total:12.0345236870%
San Juan County
San Juan County 0.2101495171%
Friday Harbor
County Total:0.2101495171%
*** - Local Government appears in multiple counties B-8
EXHIBIT B
Local
County Government % Allocation
Skagit County
Skagit County 1.0526023961%
Anacortes 0.1774962906%
Burlington 0.1146861661%
Concrete
Hamilton
La Conner
Lyman
Mount Vernon 0.2801063665%
Sedro-Woolley 0.0661146351%
County Total:1.6910058544%
Skamania County
Skamania County 0.1631931925%
North Bonneville
Stevenson
County Total:0.1631931925%
Snohomish County
Snohomish County 6.9054415622%
Arlington 0.2620524080%
Bothell***0.2654558588%
Brier
Darrington
Edmonds 0.3058936009%
Everett 1.9258363241%
Gold Bar
Granite Falls
Index
Lake Stevens 0.1385202891%
Lynnwood 0.7704629214%
Marysville 0.3945067827%
Mill Creek 0.1227939546%
Monroe 0.1771621898%
Mountlake Terrace 0.2108935805%
Mukilteo 0.2561790702%
Snohomish 0.0861097964%
Stanwood
Sultan
Woodway
County Total:11.8213083387%
*** - Local Government appears in multiple counties B-9
EXHIBIT B
Local
County Government % Allocation
Spokane County
Spokane County 5.5623859292%
Airway Heights
Cheney 0.1238454349%
Deer Park
Fairfield
Latah
Liberty Lake 0.0389636519%
Medical Lake
Millwood
Rockford
Spangle
Spokane 3.0872078287%
Spokane Valley 0.0684217500%
Waverly
County Total:8.8808245947%
Stevens County
Stevens County 0.7479240179%
Chewelah
Colville
Kettle Falls
Marcus
Northport
Springdale
County Total:0.7479240179%
Thurston County
Thurston County 2.3258492094%
Bucoda
Lacey 0.2348627221%
Olympia 0.6039423385%
Rainier
Tenino
Tumwater 0.2065982350%
Yelm
County Total:3.3712525050%
Wahkiakum County
Wahkiakum County 0.0596582197%
Cathlamet
County Total:0.0596582197%
*** - Local Government appears in multiple counties B-10
EXHIBIT B
Local
County Government % Allocation
Walla Walla County
Walla Walla County 0.5543870294%
College Place
Prescott
Waitsburg
Walla Walla 0.3140768654%
County Total:0.8684638948%
Whatcom County
Whatcom County 1.3452637306%
Bellingham 0.8978614577%
Blaine
Everson
Ferndale 0.0646101891%
Lynden 0.0827115612%
Nooksack
Sumas
County Total:2.3904469386%
Whitman County
Whitman County 0.2626805837%
Albion
Colfax
Colton
Endicott
Farmington
Garfield
LaCrosse
Lamont
Malden
Oakesdale
Palouse
Pullman 0.2214837491%
Rosalia
St. John
Tekoa
Uniontown
County Total:0.4841643328%
*** - Local Government appears in multiple counties B-11
EXHIBIT B
Local
County Government % Allocation
Yakima County
Yakima County 1.9388392959%
Grandview 0.0530606109%
Granger
Harrah
Mabton
Moxee
Naches
Selah
Sunnyside 0.1213478384%
Tieton
Toppenish
Union Gap
Wapato
Yakima 0.6060410539%
Zillah
County Total:2.7192887991%
*** - Local Government appears in multiple counties B-12
Exhibit C
KING COUNTY REGIONAL AGREEMENT
King County intends to explore coordination with its cities and towns to facilitate a Regional
Agreement for Opioid Fund allocation. Should some cities and towns choose not to participate in
a Regional Agreement, this shall not preclude coordinated allocation for programs and services
between the County and those cities and towns who elect to pursue a Regional Agreement. As
contemplated in C.5 of the MOU, any Regional Agreement shall comply with the terms of the
MOU and any Settlement. If no Regional Agreement is achieved, the default methodology for
allocation in C.4 of the MOU shall apply.
EXHIBIT 4
Non-Exhaustive List of Expenditures that Qualify as Opioid Remediation
(Exhibit E of the Global Settlement)
Mason County
Agenda Request Form
To: Board of Mason County Commissioners
From: Kell Rowen
Ext. 286
Department: Community Services
Briefing: ☒
Action Agenda: ☒
Public Hearing: ☐
Special Meeting: ☐
Briefing Date(s): August 29, 2022
Agenda Date: August 30, 2022
Internal Review: ☐ Finance ☒ Human Resources ☐ Legal ☐ Information Technology ☐ Other
(This is the responsibility of the requesting Department)
Below for Clerk of the Board’s Use Only:
Item Number: __________
Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken
Ordinance/Resolution No. __________ Contract No. __________ County Code: __________
Item:
Post and fill a second Lead position through December 2022
Background/Executive Summary:
Community Development is experiencing an increase in Commercial Development within its three Urban
Growth Areas (UGAs). There is a need to fill a Lead position through December 2022 to coordinate the
current and expected commercial permits. Beginning January 2023, only one Lead position will remain.
Budget Impact (amount, funding source, budget amendment):
10% salary increase for the Lead position per the General Services Collective Bargaining Agreement
(CBA) which can be accommodated within the existing DCD budget for 2022 and 2023.
Public Outreach (news release, community meeting, etc.):
N/A – Notice of Intent to select Lead Planner position internally
Requested Action:
Approval to post and fill a Lead Planner position through December 2022.
Attachments:
General Services CBA
Lead Pay Request Form
Lead Duties
Job Description