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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. 2 | J u l y 1 9 , 2 0 2 2 C o m m i s s i o n M i n u t e s 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. 3 | J u l y 1 9 , 2 0 2 2 C o m m i s s i o n M i n u t e s 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. 4 | J u l y 1 9 , 2 0 2 2 C o m m i s s i o n M i n u t e s 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. 5 | J u l y 1 9 , 2 0 2 2 C o m m i s s i o n M i n u t e s 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. 6 | J u l y 1 9 , 2 0 2 2 C o m m i s s i o n M i n u t e s 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. F-2 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. F-3 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 G-2 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 G-3 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. G-4 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 G-5 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 G-10 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. 2 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. 3 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] 12 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