Regular Public Meeting Agenda 04/04/23

Arne Mortensen, Commissioner District 1

Dennis Weber, Commissioner District 2

Richard R. Dahl, Commissioner District 3

Regular Public Meeting

April 4 , 202 3 , 9:00 a.m.

Board Meeting Convenes at 9:00 a.m.

 Pledge of Allegiance

 Board Chair & Vice Chair Nominations

 Minutes of March 27-29, 2023

 Consent Agenda of April 4, 2023

 Call for Hearings

 Call for Bids

 Motion Items

 Public Comments

ZOOM Link KLTV Link

Phone Option: (253) 215-8782

Webinar ID: 820 1961 3917 www.kltv.org

o Citizen Participation may be anonymous. See RCW 42.30.040

Consent Agenda

Call for Hearings

1. Call for Public Hearing approval for the 2023 Budget Amendment scheduled for April 18, 2023 at 9:45 a.m.

2. Call for Closed Public Hearing approval for the Preliminary Plat of Ridge View, Rural Subdivision Case No. 2270.02 scheduled for April 18, 2023 at 10:00 a.m.

Call for Bids

3. Call for bids approval the Ostrander Road Culvert Replacement Project scheduled for April 25, 2023 at 11:00 a.m.

Agreements/Contracts/Bid Awards

4. Professional Service Agreement Amendment approval with Maul Foster Alongi, Inc. for comprehensive engineering services to extend the term of the original agreement to December 31, 2023, with no increase to the not to exceed amount.

Regular Public Meeting

April 4, 2023, 9:00 a.m.

5. The Facilities Maintenance Department recommends that the Board of County Commissioners approve the accounting correction for the Temporary Chiller Rental/Installation in the amount of $1,840.78, this includes Washington State Sales Tax.

Board Correspondence

6. Letters/Notices

a. Letter dated 3/30/2023 to Cynthia Brown, Chief of the Section of Administration, regarding Columbia & Cowlitz Railway, LLC – Abandonment Exemption in Cowlitz County, Wash.

b. Letter dated 4/4/2023 to the US Army Corps of Engineer, Portland District, regarding Pacific Fibre Log Storage Pond as Deposit Site for Dredge Spoils

c. Letter dated 4/4/2023 to Brittanie Frewing to be appointed on the Cowlitz County Fair Board. This is a 3-year term that will expire January 31, 2026.

d. Southwest Washington Labor Area Summary Monthly Update – February 2023

e. Cowlitz County Labor Market Summary Monthly Update – February 2023

Vouchers

The following vouchers/warrants are approved for payment:

9:00 a.m.

Motion Item

Office of Financial Management

7. Washington State Allocation Agreement approval to govern the allocation of funds paid by certain settling opioid manufacturers and pharmacies in connection with the resolution of any and all claims by the State of Washington and the counties, cities, and towns in Washington State.

Citizen Comments – Citizen participation may be anonymous. See RCW 42.30.040

RCW 42.30.040 - Conditions to attendance not to be required. A member of the public shall not be required, as a condition to attendance at a meeting of a governing body, to register his or her name and other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance. People may remain anonymous when logging on to Zoom by creating any name and email of their choosing. In a meeting, public comment will be received, either or both, orally (raise hand in Zoom or use *9 on phone) and by writing. Note: Written comments may be sent to the Board at any time. For oral presentations, the Board may set a time for comments and speakers.

All matters listed with the Consent Agenda were previously distributed to each Board Member for reading and study, were available for public viewing, are considered items of regular County business, and will be approved, without separate discussion, by one motion of the Board of County Commissioners. An item may be removed from the Consent Agenda and placed on the Regular Agenda for separate discussion and voting at the request of any Board Member.

The Board of Commissioners may add and take action on other items not listed on this Agenda.

 Agenda Online Address: https://www.co.cowlitz.wa.us/535/Agendas---Regular-Public-Meetings

 ZOOM Invitation Address:

o Monday - https://us06web.zoom.us/j/82019613917

o Tuesday - https://us06web.zoom.us/j/82019613917

a. Wednesday - https://us06web.zoom.us/j/82019613917

 KLTV Live Feed Address: http://www.kltv.org

AS-12722

BOCC Agenda

Meeting Date: 04/04/2023

Budget Amendment - April

Submitted For: Traci Jackson

Department: Office of Financial Management

Submitted By: Traci Jackson

Information

Consent 1.

Subject and Summary Statement

The Office of Financial Management has advised the Board of Commissioners that an amendment is needed to adjust the 2023 Cowlitz County Budgets to increase appropriations to account for additional expenses and recognize additional revenues.  A public hearing should be scheduled to discuss the proposed amendment.

Will Staff Attend - NAME OF STAFF

Kathy Funk-Baxter

Department Recommendation

The Office of Financial Management recommends that the Board of Commissioners set a date and time for a public hearing to discuss the proposed amendment to the 2023 budgets to increase expenditures and revenues.

OFM requests the Clerk of the Board publish notice of the public hearing.

Attachments

Resolution  Newspaper Ad

Form Started By: Traci Jackson

Form Review

BEFORE THE BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

In the Matter of Setting a Hearing to Consider ) Amendments to the 2023 County Budget - April ) RESOLUTION NO.

WHEREAS, it has come to the attention of the Cowlitz County Board of Commissioners that certain adjustments should be made in the 2023 budget previously approved on December 6, 2022; and

WHEREAS, staff has advised the Board of Commissioners of the need to establish a new fund for the county budget. These funds will be known as Opioid Response (19301-075100) to account for revenues received and expenditures made related to the collection and distribution of money; and

WHEREAS, a budget should be established for said purposes of the County’s fiscal year beginning 2023 going forward; and

WHEREAS, those persons who wish to speak for or against the funds have the opportunity to be heard; and

WHEREAS, the amendment, if approved, will increase the budget; which additional revenues and expenses could not have been anticipated at the time of fixing the budget for the current fiscal year.

NOW THEREFORE, IT IS HEREBY RESOLVED that a public hearing should be held on April 18, @ 9:45 a.m. in the Commissioners' Hearing Room, County Administration Building, Kelso, Washington, at which hearing any person may be heard for or against the proposed amendment. The meeting details are available on the BOCC website: https://www.co.cowlitz.wa.us/166/Board-of-Commissioners

DATED: April 4, 2023

BOARD OF COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Dennis P. Weber, Commissioner ATTEST:

Kelly Dombrowsky, Clerk of the Board

Arne Mortensen, Commissioner

Richard R. Dahl, Commissioner

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that a public hearing will be held on 4/18, at 9:45 a.m. in the Commissioners' Hearing Room, County Admin Bldg, Kelso, WA concerning amendments to the 2023 Cowlitz County budget increasing the budgets to account for unanticipated expenditures and revenues as well as establishing a new fund for Opioid settlement funds.

The Clerk of the Board will accept written testimony concerning the proposed budget amendment and new fund until 4/14/23 at 4:30 p.m.

The Cowlitz County Administration Building is accessible for persons with disabilities Details on the type of meeting will be posted on the BOCC website: https://www.co.cowlitz.wa.us/166/Board-ofCommissioners.

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Published: 4/5 & 4/12

PUBLICATION REQUIREMENT: To be published in two (2) issues

BILLING INFORMATION:

1) AFFIDAVITS TO: Cowlitz County Commissioners ATTN: Clerk of the Board 207 Fourth Avenue North, Room 305 Kelso, WA 98626

2) BILL TO: Cowlitz County Administrative Services

Attn: Ridge Moss

207 Fourth Avenue North, Room 308 Kelso, WA 98626

AS-12723

BOCC Agenda

Meeting Date: 04/04/2023

Call for Hearing - Preliminary Plat for Ridge View, a 11 lot Rural Subdivision

Submitted For: Traci Jackson

Department: Office of Financial Management

Submitted By: Traci Jackson

Information

Consent 2.

Subject and Summary Statement

Preliminary Plat approval for Ridge View, a 11-lot Rural Subdivision on 27.32 acres.  A closed record hearing before the Board of County Commissioners is required to complete preliminary approval.

Will Staff Attend - NAME OF STAFF

Daniel Turner

Department Recommendation

The Department recommends that the Board, at its April 4, 2023 meeting, set a date for a closed record public hearing on the preliminary plat of Ridge View, Rural Subdivision Case No. 2270.02.

Attachments

Form Started By: Traci Jackson

BEFORE THE BOARD OF COMMISSIONERS OF COWLITZ COUNTY, STATE OF WASHINGTON

A Resolution in the Matter of Setting a Closed Record X Public Hearing Date to consider the approval of X Resolution No. _______________ Ridge View Subdivision Rural Subdivision; X Case Number 2270.02. X

WHEREAS, The Cowlitz County Planning Commission as required by law, has held an open record public hearing to consider an application for preliminary plat approval submitted by Standridge, Inc, on behalf of owner TRMC Ventures, LLC, to subdivide approximately 27.32 acres into 11 lots, known as Ridge View Subdivision.

The project is located at 102 Si Town Road (WK3616002), within the SE ¼ of Section 36, Township 10 North, Range 2 West, Willamette Meridian, approximately 1.3 miles northeast of the City of Castle Rock.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the Board of Commissioners of Cowlitz County, Washington, in a meeting assembled in the Administration Building of said county, that a hearing be held on the 18th day of April 2023, at the hour of 10:00 am to determine whether the proposed application should be approved, approved with conditions, or denied.

IT IS FURTHER RESOLVED, that the Clerk of said Board forthwith give at least ten (10) days’ notice of said hearing as required by law.

DATED THIS 4th DAY OF April 2023

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Dennis Weber, Chairman

Arne Mortensen, Commissioner

Richard R. Dahl, Commissioner

ATTEST:

Clerk of the Board

BILL TO: Cowlitz County Department of Building and Planning

207 Fourth Avenue North Kelso, WA. 98626

NOTICE OF CLOSED RECORD PUBLIC HEARING

The Cowlitz County Board of Commissioners will hold a public hearing on April 18, 2023, at 10:00 a.m. Remote and real-time public participation is available- https://zoom.us/j/94612805144 Or Phone: 12532158782, 94612805144# - and in the Commissioner’s Hearing Room, Third Floor, County Administration Building, 207 Fourth Avenue North, Kelso, Washington. Hearing to consider a request submitted by Standridge, Inc, for preliminary plat approval of an 11-lot Rural Subdivision known as Ridge View. The proposal is to subdivide an approximately 27.32-acre parcel into 10 residential lots and 1 commercial lot. The proposed lots range between 2-4 acres The proposal includes new internal private road/tract and stormwater management tract/facilities. The proposed lots will utilize public water on-site septic systems

The property is located 1.3 miles northeast of the City of Castle Rock, at 102 Si Town Road; within the NW ¼ of Section 36, Township 10 North, Range 2 West.

Any and all parties of record having submitted written or verbal testimony may appear at said time and place to be heard, or may submit comments by mail or facsimile, provided the information is received no later than 5:00 p.m., April 3, 2023. Mail or fax your comments to the attention of Kelly Dombrowsky, Clerk of the Board, Cowlitz County Commissioners, 207 Fourth Avenue North, Kelso, Washington 98626, Fax No. 423-9987. The Cowlitz County Administration Building is accessible for persons with disabilities.

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON.

By Direction: Kelly Dombrowsky, Clerk of the Board

Publication Date: __________________________

AS-12724

BOCC Agenda

Meeting Date: 04/04/2023

3.

REVISED CRP NO. 765 AND CALL FOR BIDS - Ostrander Road Culvert Replacement - Project No. 1209

Submitted For: Susan Eugenis, Public Works

Department: Public Works

Submitted By: Emilie Cochrane, Public Works

Information

Subject and Summary Statement

Attached is County Road Project No. 765 for the Ostrander Road Culvert Replacement Project.  This project is funded by the Brian Abbott Fish Barrier Removal Board, and consists of replacing the existing concrete triple box culvert at milepost 0.67 with a 90-foot span concrete bridge. The in-water work will occur during the fish window and all aquatic life will be removed from the work zone. The project also includes relocating the water main and associated facilities for Beacon Hill Water and Sewer District, which will be reimbursed according to the interlocal agreement.

At this time, staff is requesting authorization for construction in the amount of $2,960,000.

Will Staff Attend - NAME OF STAFF or No

Yes

Department Recommendation

It is the recommendation of the Department of Public Works that the Board move to approve the Call for Bids, set the bid opening and publish the notice in the usual manner.

Fiscal Impact

Expenditure Required $: 2,960,000

Budget Sufficient Y-N: Y

Amendment Required Y-N: N

Source of Funds - What Dept ? : Roads

Grant Y-N: Y

Attachments

CRP No. 765 Revised  Call for Bids  Notice to Contractors  Vicinity Map

BEFORE THE BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

In the Matter of Initiating a County Road Project Designated as C.R.P. No. 765; Project No. 1209

IT IS HEREBY RESOLVED THAT Ostrander Road, State Road Log No. 53700 from Milepost 0.62 to Milepost 0.72 be improved as provided below:

) Arterial ( )

Replace existing undersized culvert.

) Collector ( X )

) Access ( )

This project is hereby declared to be a public necessity and the County Road Engineer is hereby ordered and authorized to report and proceed thereon as by law provided. (RCW 36.75.050, 36.80.030, 36.80.070)

IT IS FURTHER RESOLVED THAT an appropriation from the officially adopted road fund budget and based on the County Engineer's estimate is hereby made in the amounts and for the purposes shown:

(X) This project is included in the officially adopted annual road program as Item 6 .

( ) The project is hereby made a part of the officially adopted annual road program in accordance with RCW 36.81.130.

IT IS FURTHER RESOLVED THAT:

(X) The construction is to be accomplished by contract in accordance with RCW 36.77.020. et.seq.

( ) The construction is to be accomplished by county forces in accordance with RCW 36.77.060 and WAC 136-18.

ADOPTED this 4th day of April, 2023.

BOARD OF COUNTY COMMISSIONERS

ATTEST: OF COWLITZ COUNTY, WASHINGTON

Dennis P. Weber, Chairman

Arne Mortensen, Commissioner

Richard Dahl, Commissioner

The Board of County Commissioners of Cowlitz County, Washington will receive sealed bids until April 25, 2023, prior to 11:00 a.m., for the following work: OSTRANDER ROAD CULVERT REPLACEMENT PROJECT.

Work performed under this contract consists of the following:

Removal of existing culvert and installation of new precast concrete bridge including excavation, cast-in-place concrete, precast concrete bridge girders, grading and embankment construction, HMA paving, guardrail and traffic barrier installation, streambed reconstruction, waterline, and associated work.

At that time all bids will be publicly opened and read in the Board's hearing room. Bids must be addressed to:

Board of County Commissioners

Attn: Clerk of the Board

207 Fourth Avenue North Kelso WA 98626

Project bid documents (Plans, specifications, addenda, bid documents, bidders list and plan holders list) for this project are available online for inspection during the bidding period through the Builders Exchange of Washington (BXWA) website at www.bxwa.com. Click on Posted Projects, then Public Works, then Cowlitz County and then Projects Bidding. These documents are available for viewing, downloading and printing on your own equipment free of charge. This service is provided to Prime Bidders, Subcontractors, and Vendors bidding on this project. Bidders will need to “Register as a Bidder” through the BXWA in order to receive automatic e-mail notification of future addenda and to be placed on the Bidders List. Bidders should contact Builder’s Exchange of Washington at (425) 258-1303 for questions regarding access or registration.

It is the sole responsibility of the Bidder to obtain Addenda, if any. Addenda information will be available on the BXWA web site at www.bxwa.com. Cowlitz County accepts no responsibility or liability and will provide no accommodation to bidders who fail to check for addenda and thereby submit inadequate or incomplete responses.

Cowlitz County will not provide paper copies of the Project bid documents for this project for bidding purposes. A copy of the plans and specifications may be reviewed at the office of the Clerk of the Board of County Commissioners.

All bid proposals shall be accompanied by a bid proposal deposit in cash, certified check, cashier’s check, or surety bond in an amount equal to five percent (5%) of the amount of such bid proposal.

Should the successful bidder fail to enter into such contract and furnish satisfactory performance bond within the time stated in the specifications, the bid proposal deposit shall be forfeited to Cowlitz County.

All documents received in response to this invitation to bid will become a matter of public record and subject to the Washington public disclosure act under chapter 42.56 RCW.

Cowlitz County, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award.

The Board reserves the right to reject any and all bids and to waive any immaterial irregularities or informalities in any bid or in the bidding.

DATED this 4th day of April, 2023.

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Dennis P. Weber, Chairman

Arne Mortenson, Commissioner

Richard R. Dahl, Commissioner

ATTEST:

Kelly Dombrowski, Clerk of the Board

NOTICE TO CONTRACTORS CALL FOR BIDS

The Board of County Commissioners of Cowlitz County, Washington will receive sealed bids until April 25, 2023, prior to 11:00 a.m., for the following work: OSTRANDER ROAD CULVERT REPLACEMENT PROJECT.

Work performed under this contract consists of the following:

Removal of existing culvert and installation of new precast concrete bridge including excavation, cast-in-place concrete, precast concrete bridge girders, grading and embankment construction, HMA paving, guardrail and traffic barrier installation, streambed reconstruction, waterline, and associated work.

At that time all bids will be publicly opened and read in the Board's hearing room. Bids must be addressed to:

Board of County Commissioners

Attn: Clerk of the Board

207 Fourth Avenue North Kelso WA 98626

Project bid documents (Plans, specifications, addenda, bid documents, bidders list and plan holders list) for this project are available online for inspection during the bidding period through the Builders Exchange of Washington (BXWA) website at www.bxwa.com. Click on Posted Projects, then Public Works, then Cowlitz County and then Projects Bidding. These documents are available for viewing, downloading and printing on your own equipment free of charge. This service is provided to Prime Bidders, Subcontractors, and Vendors bidding on this project. Bidders will need to “Register as a Bidder” through the BXWA in order to receive automatic e-mail notification of future addenda and to be placed on the Bidders List. Bidders should contact Builder’s Exchange of Washington at (425) 258-1303 for questions regarding access or registration.

It is the sole responsibility of the Bidder to obtain Addenda, if any. Addenda information will be available on the BXWA web site at www.bxwa.com. Cowlitz County accepts no responsibility or liability and will provide no accommodation to bidders who fail to check for addenda and thereby submit inadequate or incomplete responses.

Cowlitz County will not provide paper copies of the Project bid documents for this project for bidding purposes. A copy of the plans and specifications may be reviewed at the office of the Clerk of the Board of County Commissioners.

All bid proposals shall be accompanied by a bid proposal deposit in cash, certified check, cashier’s check, or surety bond in an amount equal to five percent (5%) of the amount of such bid proposal.

Should the successful bidder fail to enter into such contract and furnish satisfactory performance bond within the time stated in the specifications, the bid proposal deposit shall be forfeited to Cowlitz County.

All documents received in response to this invitation to bid will become a matter of public record and subject to the Washington public disclosure act under chapter 42.56 RCW.

Cowlitz County, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award.

The Board reserves the right to reject any and all bids and to waive any immaterial irregularities or informalities in any bid or in the bidding.

DATED this 4th day of April, 2023.

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

PUBLISHED:

PUBLICATION REQUIREMENT: To be published three times prior to April 25, 2023.

BILLING INFORMATION:

AS-12719 C. 4.

BOCC Agenda

Meeting Date: 04/04/2023

AMENDMENT NO. 5 TO PROFESSIONAL SERVICES AGREEMENT - Comprehensive Solid Waste Engineering Services - Maul Foster Alongi, Inc.

Submitted For: Susan Eugenis, Public Works

Department: Public Works

Submitted By: Emilie Cochrane, Public Works

Information

Subject and Summary Statement

Attached is Amendment No. 5 to the Professional Services Agreement with Maul Foster Alongi, Inc. for comprehensive Solid Waste engineering services. Amendment No. 5 is issued for the purpose of extending the term of the original agreement to December 31, 2023 to finalize active task orders.

Will Staff Attend - NAME OF STAFF or No

Yes

Department Recommendation

It is the recommendation of the Department of Public Works that the Board move to approve Amendment No. 5 to the Professional Services Agreement with Maul Foster Alongi, Inc. extending the contract to December 31, 2023.

Attachments

Amendment No. 5

Amendments 1 - 4 and original PSA

Form Started By: Emilie Cochrane

AMENDMENT NO. 5 to Cowlitz County Professional Services Agreement

Maul Foster Alongi, Inc.

1. This Amendment No. 5 to Agreement is between Cowlitz County, Washington, (“COUNTY”), and Maul Foster Alongi, Inc. (“CONTRACTOR”) shall take effect and be in force on the below stated date of authorization as agreed to by COUNTY and CONTRACTOR.

2. COUNTY AND CONTRACTOR have entered into an Agreement for professional services, to wit: Board agenda item AS-9239 approved and executed by the Board of County Commissioners on February 13, 2018 together with Amendment No. 1 approved on January 14, 2020 extending the expiration date to December 31, 2020, Amendment No. 2 extending the expiration date to December 31, 2021, Amendment No. 3 which extended the agreement expiration date to June 30, 2022 and Amendment No. 4 which extended the agreement expiration date to December 31, 2022

3. COUNTY is in need of continuing professional services under the original agreement through December 31, 2023 and CONTRACTOR is amenable to extending his/her professional services to the COUNTY under the same terms and conditions of the original Agreement, and as set forth below.

4. Both COUNTY and CONTRACTOR agree to modify the original Agreement as in the parties’ best interests and in furtherance of the purposes and intent of this amendment, as set forth below:

a. Extending contract to December 31, 2023.

5. Except as provided above in this Amendment No. 5, all terms, conditions, duties, obligations and provisions of the original Agreement and any prior Amendment(s) shall remain in full force and effect.

The parties hereto have executed this agreement on this the day of , 2023, and each signatory to this Amendment No. 5 warrants that he/she is duly authorized and executes this Amendment for and on behalf of the below-inscribed parties hereto.

CONTRACTOR: BOARD OF COUNTY COMMISSIONERS

Maul Foster Alongi, Inc. OF COWLITZ COUNTY, WASHINGTON

By: (authorized by Bylaws to sign) Dennis P. Weber, Commissioner

ATTEST: Arne Mortensen, Commissioner

AMENDMENT NO. 2 to Cowlitz County Professional Services Agreement

Maul Foster Alongi, Inc.

1. This Amendment No. 2 to Agreement is between Cowlitz County, Washington, (" COUNTY"), and Maul Foster Alongi, Inc. (" CONTRACTOR") shall take effect and be in force on the below stated date of authorization as agreed to by COUNTY and CONTRACTOR.

2. COUNTY AND CONTRACTOR have entered into an Agreement for professional services, to wit: Board agenda item AS- 9239 approved and executed by the Board of County Commissioners, on February 13, 2018 together with Amendment No. 1 approved on January 14, 2020, extending the expiration date to December 31, 2020.

3. COUNTY is now in need of continuing professional services under the original Agreement through December 31, 2021, increasing the total compensation by $ 100, 000 and the CONTRACTOR is amenable to extending his/ her professional services to COUNTY under the same terms and conditions of the original Agreement, and as set forth below.

4. Both COUNTY and CONTRACTOR agree to modify the original Agreement as in the parties' best interests and in furtherance of the purposes and intent of this amendment, as set forth below:

a. Extending contract to December 31, 2021.

b. Increasing the total compensation not to exceed 600,000

5. Except as provided above in this Amendment No. 2, all terms, conditions, duties, obligations and provisions of the original Agreement and any prior Amendment( s) shall remain in full force and effect.

The parties hereto have executed this agreement on this the J` i day of , 4, _:-'-< - , 2021, and each signatory to this Amendment No. 2 warrants that he/ she is duly authdrized and executes this Amendment for and on behalf of the below- inscribed parties hereto.

CONTRACTOR: BOARD OF COUNTY COMMISSIONERS MAUL FOSTER ALONGI, INC. OF COWLITZ COUNTY, WASHINGTON

ATTEST: r'

AS-12721

BOCC Agenda

Meeting Date: 04/04/2023

Emergency Temporary Chiller Rental/Installation Accounting Correction

Submitted For: Dylan Wills, Project Coordinator

Submitted By: Dylan Wills, Project Coordinator

Department: Facilities Maintenance

Information

Consent C. 5.

Subject and Summary Statement

On July 5th, 2022 the Board of County Commissioners approved the Request for Emergency Public Works Contracting and Purchasing presented by Facilities Maintenance for the rental of a temporary chiller for the Hall of Justice., AS-12146. There was a mathematical calculation error accounting for a difference of $1840.78 that was not included in the approval documentation. This is a mathematical correction. All of the totals are now correct.

Will Staff Attend - NAME OF STAFF

Yes - Will Tastad

Department Recommendation

The Facilities Maintenance Department Recommends that the Board of County Commissioners approve the sales tax correction for the Temporary Chiller Rental/Installation, 2022 in the amount of $24,566.35, including Washington State Sales Tax.

Fiscal Impact

Expenditure Required $: 24566.35

Budget Sufficient Y-N: Y

Amendment Required Y-N:

Source of Funds - What Dept ? : 31001375100

Grant Y-N:

COP 1 rev2023.03.28

NW_Control_Company_Invoice5487

Attachments

Form

FACILITIES MAINTENANCE DEPARTMENT

207 N. 4th Avenue, Room 308

Kelso, WA 98626-4124

TEL (360) 577-3174

FAX (360) 423-9987

CHANGE ORDER

Project:_Temporary Chiller Rental/Installation Contract No.:_#2022-0030-01

Contractor:____Northwest Controls

Architect:________None

(_X__) Addition (___) Deduction

Change Order No.:____1

Date:_2/27/2023

Per Section 11, “Changes in Scope of Work”, of the Project Conditions, this change order shall constitute full settlement for all known, estimated or foreseeable costs and time adjustments, including all delay and impact costs, and direct and indirect damages, including consequential damages regardless of the cause related to the change.

Total of Change Order No. 1

The contract will be increased by: 14

Calendar Days.

Total of Change Orders for this project is an amount _less than/ X greater than 5% of the Original Contract Amount.

AUTHORIZATION

DATED this ________ day of _______________, 201_____.

Board of County Commissioners of Cowlitz County, Washington

Richard Dahl, Commissioner

Arne Mortensen, Commissioner

Dennis P. Weber, Commissioner

ATTEST:

Tiffany Ostreim, Clerk of the Board

AS-12726

BOCC Agenda

Meeting Date: 04/04/2023

Letter dated 3/30/2023 to Cynthia Brown regarding Rails to Trails

Submitted For: Arne Mortensen, Commissioner

Submitted By: Kelly Dombrowsky, Clerk of the Board

Department: Commissioners Office

Information

Subject and Summary Statement

Letter dated 3/30/2023 to Cynthia Brown regarding Rails to Trails

Will Staff Attend - NAME OF STAFF

Department Recommendation

Attachments

Letter

Form Started By: Kelly Dombrowsky

Final Approval Date: 03/29/2023

Form Review

Started On: 03/29/2023 10:32 AM

Consent a.

AS-12727

BOCC Agenda

Meeting Date: 04/04/2023

Consent b.

Letter Dated 4/4/2023 to the US Army Corps of Engineers, Portland District re: Pacific Fibre

Submitted For: Dennis Weber

Department: Commissioners Office

Submitted By: Kelly Dombrowsky, Clerk of the Board

Information

Subject and Summary Statement

Letter dated 4/4/2023 to the US Army Corps of Engineers, Portland District, regarding Pacific Fibre Log Storage Pond as Deposit Site for Dredge Spoils

Will Staff Attend - NAME OF STAFF

Department Recommendation

Approved:_____________________

BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON

Dennis P. Weber, Chairman

Arne Mortensen, Commissioner

Richard R. Dahl, Commissioner

Attest:______________________

Clerk of the Board

Attachments

Letter

Form Started By: Kelly Dombrowsky

Final Approval Date: 03/29/2023

Form Review

Started On: 03/29/2023 03:26 PM

Board of Commissioners

COMMISSIONERS

April 4, 2023

US Army Corps of Engineers. Portland District

ATTN: CENWP-PM-F/MSH SEIS

PO Box 2946

Portland, OR 97208-2946

County Administration Building

207 Fourth Avenue North Kelso, WA 98626

TEL (360) 577-3020

FAX (360) 423-9987

www.co.cowlitz.wa.us

RE: Pacific Fibre Log Storage Pond as Deposit Site for Dredge Spoils

We support your efforts to maintain navigable waters in the Columbia and lower Cowlitz River, as well as efforts to maintain flood protection along the Cowlitz River from its confluence with the Columbia River to the Castle Rock vicinity.

1. If dredging is chosen, the County is fully prepared to support the use of a 160-acre site owned by Pacific Fibre Products for depositing such dredge spoils. This site is an entirely man-made log storage pond near the confluence of the Cowlitz and Columbia Rivers built in the early 1920s for the Long-Bell Lumber Company, when the Kansas City (MO) corporation built world-class mills at Longview. In February 2014 the State of Washington declared that this pond is “not a shoreline lake and not appropriate to be regulated under the Shoreline Management Act …” and its current owner is willing to accept dredge spoils there.

2. The Log Pond and adjoining undeveloped property, totaling approximately 160 acres, make sense as a primary site to receive dredged spoils from the Cowlitz or Columbia River projects. Pacific Fibre Products successfully permitted and filled an 18-acre parcel of their land adjacent to the proposed 160-acre site that Pac Fibre is making available. This was the result of a lengthy, but successful, permitting project that began in early 2005.

3. We believe this unique site offers many advantages for receiving dredged spoils. First and foremost, this site is navigationally disconnected from the Cowlitz and Columbia Rivers by a pair of aging locks. Second, while the Log Pond remains an active industrial log pond, if is not a necessary feature for the property owners’ operations.

4. Decommissioning two lock structures controlling the level of the log storage pond and also make the 13-acre pond between them available for additional dredge spoils, thus further strengthening the levee, a high priority of the Corps of Engineers.

5. Dredged spoils will not migrate back into the rivers, which could create the need for additional dredging in the future, the potential to cause impacts further downstream, and potential impacts to salmon and fish spawning habitat.

6. The Port of Longview will be needing large amounts of fill, presumably dredged material, for the expansion of its current Industrial Rail Corridor. If dredged material from the Cowlitz and/or Columbia Rivers will be utilized for this purpose, the Corps of Engineers could deposit dredged material in the Pac Fibre Log Pond at the same time, increasing the effectiveness of any dredging project and confining all impacts to one site vs. numerous sites.

7. The property adjacent to the Log Pond does have some low-grade, low-functioning wetlands. However, Cowlitz County and other agencies involved in Pac Fibre’s previous fill project acknowledged the misfit of this property in a heavy industrial area.

8. Filling the Log Pond would facilitate economic development through the expansion of current operations, creating many family-wage jobs, investment in the development of the land, and the purchase of heavy equipment.

Sincerely,

Board of County Commissioners Of Cowlitz County, Washington

Arne Mortensen, Commissioner District 1

Richard Dahl, Commissioner District 3

Attest:

AS-12730

BOCC Agenda

Meeting Date: 04/04/2023

Letter dated 4/4/2023 to Brittanie Frewing appointment to Fair Board

Submitted For: Kelly Dombrowsky, Clerk of the Board

Submitted By: Kelly Dombrowsky, Clerk of the Board

Department: Commissioners Office

Information

Consent c.

Subject and Summary Statement

Letter dated 4/4/2023 to Brittanie Frewing to be appointed on the Cowlitz County Fair Board. This is a 3-year term that will expire January 31, 2026.

Will Staff Attend - NAME OF STAFF

Department Recommendation

Attachments

Letter

Form Started By: Kelly Dombrowsky

Final Approval Date: 03/30/2023

Form Review

Started On: 03/30/2023 09:29 AM

Board of Commissioners

COMMISSIONERS

Arne Mortensen

District 1

Dennis P. Weber

District 2

Richard R. Dahl

District 3

CLERK OF THE BOARD

Kelly Dombrowsky

April 4, 2023

Brittanie Frewing

1109 S 10th Kelso, WA 98626

Dear Ms. Frewing,

cc:

TEL (360) 577-3020

FAX (360) 423-9987

www.co.cowlitz.wa.us

The Cowlitz County Board of Commissioners, at its regularly scheduled meeting today, April 4, 2023, were pleased to appoint you to serve on the Cowlitz County Fair Board. This is a 3-year term that will expire on January 31, 2026.

We are grateful for your willingness to work in this capacity and delighted that you have agreed to continue to serve on this important board.

Sincerely,

AS-12728

BOCC Agenda

Meeting Date: 04/04/2023

SW WA Labor Area Summary Monthly Update - February 2023

Submitted For: Dennis Weber

Department: Commissioners Office

Subject and Summary Statement

Consent d.

Submitted By: Kelly Dombrowsky, Clerk of the Board

Information

Southwest Washington Labor Area Summary Monthly Update - February 2023

Will Staff Attend - NAME OF STAFF

Department Recommendation

Attachments

Summary

Form Started By: Kelly Dombrowsky

Final Approval Date: 03/30/2023

Form Review

Started On: 03/30/2023 09:23 AM

Monthly Update—February 2023

Scott Bailey, Regional Economist, Washington Employment SecurityDept. scott.bailey@esd.wa.gov, 360-810-0048

Next data release: March 2023 estimates will bepublished on Tuesday, April 25.

All threecountiesin the great Southwest continueto be among thefastest-growing countiesin thestate, according to the most recently revised employment data.

The chartsbelow show total nonfarm employment for each county, withpreliminary estimatesin red, starting in October 2022.

Clark County

Clark County seasonally-adjusted nonfarm employment roseby 600 jobs in February Unadjusted employment increased by 1,400 jobsover the month, with total employment estimated at 184,500 jobs.

Most sectorsadded jobsover the month. Government employment rose by 400 jobs 100 each in federal, state, K-12 education, and other local government offices. Education & health services expanded by 300 jobs, whileprofessional & business services was up 200 jobs. Information services was unchanged, whiletrade, transportation & utilitiesdeclined by 100 jobs, dueto the completion of holiday layoffsin retail trade(-300 jobs).

Sincetheonset of COVID in February 2020, thecounty hasgained anet 15,800 jobs, an increaseof 9 5 percent. That was better than thenation (+2.0 percent), thestate(+3.0 percent),Oregon (+0.9 percent), Seattlemetro (+1.9 percent)and the Portland metro area (+1.0 percent).It wasalso better than any labor market in thestate. Almost every sector hasfully recovered, theexceptsbeing arts, entertainment & recreation (-200 jobs, -9.3 percent),and government(-950 jobs,-3.5 percent).

Since February of 2022, no major sector haslost jobs:

• Total employment wasup 6,500 jobs(+3.7 percent).

• Twelve industrieshavegrown faster than theaveragefor all industries:

o Professional services(+1,100 jobs, +10 3 percent)

o Privateeducation services(+200, +8.3 percent)

o Information services(+300, +8.1 percent)

o Wholesaletrade(+500, +7.1 percent)

o Other services(+400 jobs, +6.5 percent)

o Arts, entertainment & recreation (+100, +5.6 percent)

o Health care& social assistance (+1,400, +5 1 percent)

o Construction, mining & logging (+800,+4 6 percent)

o Finance& insurance(+300, +4 6 percent)

o Accommodations& food services(+600, +4.1 percent)

• Five industrieshaveadded jobs, but slower than the averagefor all industries:

o Business services (+300, +3 3 percent)

o Stategovernment (+100, +3 1%)

o Local government, excepting education (+200,+3.0 percent)

o Federal government (+100, +2.9%)

o Corporateoffices(+100, +2.6 percent)

o Transportation services(+100, +2 3 percent)

o K-12 publiceducation (+100, +0 8 percent)

• Threeindustrieshad no change or declined thispast year:

o Manufacturing (no change)

o Real estate, rental & leasing (unchanged)

o Retail trade(-200, -1 0 percent)

Clark’sunemployment ratewasestimated at 6 1 percent, morethan apoint higher than the 5.0 percent from February 2022. Thenumber of unemployed residentswasestimated at 15,900, 28 percent abovethe12,400 figure from ayear earlier. Therewere 2,396 county residentswho filed acontinued unemployment claim in February,about thesameasin January but 29 percent more than in February 2022. Residentsfiled 2,573 in February 2020, just before COVID hit.

Cowlitz County

Seasonally-adjusted nonfarm employment declined by 100 jobsin CowlitzCounty in February.Unadjusted employment was unchanged over themonth, remained at 42,400. Trade, transportation & utilities staffing dropped by 200 jobs, including 100 jobsin retail trade. Construction inched down by 100 jobs, Meanwhileeducation & health servicesadded 100 jobs, as did local government Other industrieswereunchanged.

Compared with February 2022, employment wasup 1,200 jobsor 2.9 percent.

Construction dipped by 100 jobs over the past twelvemonths.

Manufacturing gained 200 jobs over theyear, all in nondurable goods(themost important of which in Cowlitzare paper manufacturing, food processing and chemicals)

Trade, transportation & utilitieswas unchanged, with retail tradelosing 100 jobs(implying wholesaletrade and transportation & utilitieswere up 100 jobs).

Education & health servicesadded 300 jobs, and leisure & hospitality grew by 200 jobs. Finally, local government also roseby 400 jobsover theyear, half of which wasin K-12 education, theother half in local government agencieslike CowlitzCounty government, cities, ports, and so on

In addition, other services(not published in theaccompanying spreadsheet) roseby 200 jobs. Included in thisgrouping areinformation serviceslike publishing, software, telecom and internet services; finance, insurance,real estate, rental and leasing; professional services; corporateoffices; businessservices (liketemp agencies, janitorial, landscaping); repair services; personal services(likehair salons); and membership organizations.

Taking a littlelonger-term perspective, employment hasincreased by 1,900 jobsfrom thepre-pandemiclevel (+4 7 percent). That wasbetter than thenation (+2.0 percent), thestate(+3.0 percent),Oregon (+0.9 percent),Seattlemetro (+1.9 percent) and thePortland metro area(+1.0 percent).

The county unemployment rate roseby almost afull point over themonth, from 6 5 percentto 7 3 percent, morethan a point higher than the6.0 percent recorded last February. Thenumber of unemployed county residentswasestimated at just over 3,700, 27 percent higher than theroughly 2,900 fromayear earlier. Therewere 771 county residentswho filed a continued unemployment claim in February, fewerthan January’s814 but 15 percent more than in February 2022. Residents filed 1,022 in February 2020, on theeveof thepandemic.

Wahkiakum County

Wahkiakum Countygained backthe 30 jobs itlostlastmonth, and so nonfarm employmentbounced back from 810 to 840 jobs in February. Construction, trade,transportation & utilities, and allotherservices eachadded10 jobs

Overthe past12 months, Wahkiakumadded90 jobs,an increase of 12.0percent. “Otherservices” allservices exceptfor trade, transportation & utilities added 50 jobs. These includedjobs in business services, home health care, and restaurants. Trade, transportation& utilities was up 20 jobs, and governmentrose by 20jobs as well, evenly splitbetween state and localgovernment. Manufacturingexpandedby 10 jobs, while logginghad 10 fewerthan a yearago

Since the beginningof the pandemic in February 2020,the county has gained 70 jobs (+9.6 percent) on a seasonally-adjustedbasis. Mostof thesejobs were in the services sector. Loggingemploymenthas dropped a bit, as has K-12 education

Despite the solid job gains, the county’s unemploymentrate rose to 8.8 percent, morethan a pointhigher than the 7.5 percentrate from last February. There were about130unemployed countyresidents,about30 more than the 100 from a yearago. There were 18 county residents whofileda continued unemployment claim in February, up from 16in both February2022 andJanuary 2023, butlower thanthe 24 who filedin February

AS-12729

BOCC Agenda

Meeting Date: 04/04/2023

Cowlitz County Labor Market Summary Monthly Update - February 2023

Submitted For: Dennis Weber

Department: Commissioners Office

Subject and Summary Statement

Consent e.

Submitted By: Kelly Dombrowsky, Clerk of the Board

Information

Cowlitz County Labor Market Summary Monthly Update - February 2023

Will Staff Attend - NAME OF STAFF

Department Recommendation

Attachments

Summary

Form Started By: Kelly Dombrowsky

Final Approval Date: 03/30/2023

Form Review

Started On: 03/30/2023 09:26 AM

COWLITZ COUNTY LABOR MARKET SUMMARY

LABOR-MANAGEMENT DISPUTES

1/ Preliminary. 2/ Revised. 3/ Excludes proprieters, self-employed, members of armed services, workers in private households and agriculture. Includes all full- and part-time wage and salary workers receiving pay during the pay period including the 12th of the month. Columns may not add due to rounding.

AS-12725

BOCC Agenda

Meeting Date: 04/04/2023

Allocation Agreement Opioid Manufacturers and Pharmacies

Submitted For: Dennis Weber

Department: Commissioners Office

Subject and Summary Statement

Motion Items 7.

Submitted By: Kelly Dombrowsky, Clerk of the Board

Information

Washington State Allocation Agreement Governing the Allocation of Funds paid by certain settling opioid manufacturers and pharmacies in connection with the resolution of any and all claims by the State of Washington and the counties, cities, and towns in Washington State.

Will Staff Attend - NAME OF STAFF

Department Recommendation

Attachments Agreement

Form Review

Form Started By: Kelly Dombrowsky

Final Approval Date: 03/29/2023

Started On: 03/29/2023 10:03 AM

WASHINGTONSTATEALLOCATIONAGREEMENTGOVERNINGTHE ALLOCATIONOFFUNDSPAIDBYCERTAINSETTLINGOPIOID MANUFACTURERSANDPHARMACIES

JANUARY27,2023

ThisWashingtonStateAllocationAgreementGoverningtheAllocationofFundsPaidby CertainSettlingOpioidManufacturersandPharmacies(the“AllocationAgreement II”)governs thedistributionoffundsobtainedfrom(1)Walmart,(2)Teva,(3)Allergan,(4)CVS,and(5) Walgreens(the“SettlingEntities”)inconnectionwiththeresolutionofanyandallclaimsbythe StateofWashingtonandthecounties,cities,andtownsinWashingtonState(“Local Governments”)againsttheSettlingEntitiesviathefollowingsettlements:

 WalmartSettlementAgreementdatedNovember12,2022andanysubsequent amendments(“WalmartSettlement”).

 TevaPublicGlobalSettlementAgreementdatedNovember22,2022andany subsequentamendments(“TevaSettlement”).

 AllerganPublicGlobalSettlementAgreementdatedNovember22,2022andany subsequentamendments(“AllerganSettlement”).

 CVSSettlementAgreementdatedDecember9,2022andanysubsequent amendments(“CVSSettlement”).

 WalgreensSettlementAgreementdatedDecember9,2022andanysubsequent amendments(“WalgreensSettlement”).

Collectively,theWalmartSettlement,theTevaSettlement,theAllerganSettlement,theCVS Settlement,andtheWalgreensSettlementshallbereferredto as“theSettlements”.Eachofthe Settlementscanbeaccessedat https://nationalopioidsettlement.com/.Thetermsanddefinitions ofeachoftherespectiveSettlementareincorporatedintothisAllocationAgreementII,andany undefinedtermsinthisAllocationAgreement IIareasdefinedintheSettlements.

1. ThisAllocationAgreementIIisintendedtobeaState-SubdivisionAgreementas definedintheSettlements.ThisAllocationAgreementIIshallbeinterpretedtobe consistentwiththerequirementsofaState-SubdivisionAgreementinthe Settlements.

2. ThisAllocationAgreementIIshallbecomeeffectiveonlyifallofthefollowing occur:

A. TheStateofWashingtonjoinsoneoftheSettlementsandbecomesa SettlingStateasprovidedforintherespectiveSettlement.

B. OneoftheSettlementsbecomesfinalandeffectiveandaConsent Judgmentisfiledandapprovedasprovidedforintherespective Settlement.

C. ThenumberofLocalGovernmentsthatexecuteandreturnthisAllocation Agreement IIsatisfiestheparticipationrequirementsforaStateSubdivisionAgreement asspecifiedinoneoftheSettlements,Washington isaSettlingStateforthatSettlement,andaConsentJudgmenthasbeen filedandapprovedforthatSettlement.

3. Requirements to become a Participating Local Government.Tobecome a ParticipatingLocalGovernmentthatcanparticipateinthisAllocationAgreement IIwithrespecttoanyone oftheSettlements,aLocalGovernmentmustdoallof thefollowing:

A. TheLocalGovernmentmustexecuteandreturnthisAllocation Agreement II.

B. TheLocalGovernmentmustreleaseitsclaimsagainsttheSettlingEntities identifiedintherespectiveSettlementandagreetobeboundbytheterms oftheSettlementbytimelyexecutingandreturningtheParticipationForm forthatSettlement.TheformsareattachedheretoasExhibits1-5.

C. LitigatingSubdivisions,alsoreferredto asLitigatingLocalGovernments, mustdismisstheSettlingEntitiesidentifiedintherespectiveSettlement withprejudicefromtheirlawsuits.

D. EachoftheLocalGovernmentsthatiseligibletoparticipateinthis AllocationAgreementIIhaspreviouslyexecutedandsignedtheOne WashingtonMemorandumofUnderstandingBetweenWashington Municipalities(“MOU”)agreedtobytheParticipatingLocal GovernmentsinWashingtonState,whichisattachedheretoasExhibit6. ByexecutingthisAllocationAgreementII,thelocalgovernmentagrees andaffirmsthattheMOUappliestoandshall governtheLocal GovernmentShareasmodifiedbythisAllocationAgreement IIforeach oftheSettlementsinwhichtheLocalGovernmentparticipates.

ALocalGovernmentthatmeetsalloftheconditionsinthisparagraphforanyof theSettlementsshallbedeemeda“ParticipatingLocalGovernment”forthat Settlement. ALocalGovernmentcanbea“ParticipatingLocalGovernment”for lessthanalloftheSettlements.IfaLocalGovernmentisaParticipatingLocal GovernmentforlessthanalloftheSettlements,theLocalGovernmentcanonly receiveaportionoftheWashingtonAbatementAmountforthespecific Settlement(s)forwhichitisaParticipatingLocalGovernment.

4. ThisAllocationAgreementIIappliestothefollowing,allofwhichcollectively shallbereferredtoasthe“WashingtonAbatementAmount”:

A. FortheWalmartSettlement,theStateofWashington’sallocationofthe (1)GlobalSettlementRemediationAmountand(2)Additional RemediationAmount.

B. FortheTevaSettlement,theStateofWashington’sallocationofthe(1) NetAbatementAmountand(2)AdditionalRestitutionAmount.

C. FortheAllerganSettlement,theStateofWashington’sallocationofthe (1)GlobalSettlementAbatementAmountand(2)AdditionalRestitution Amount.

D. FortheCVSSettlement,theStateofWashington’sallocationofthe(1) MaximumRemediationPaymentand(2)AdditionalRemediation Amount.

E. FortheWalgreensSettlement,theStateofWashington’sallocationofthe (1)AdjustedStateRemediationPaymentand(2)AdditionalRemediation Amount.

AsspecifiedineachoftheSettlements,theWashingtonAbatementAmountwill varydependentonthepercentageofParticipatingLocalGovernmentsand whetherthereareanyLaterLitigatingSubdivisions.

5. TheTevaSettlementprovidestheoptionforSettlingStatestoobtainSettlement ProductorthediscretiontoconvertanyportionoftheSettlementProduct allocatedtotheSettlingStateintoacashvalueequalingtwentypercent(20%)of theWACvalueoftheSettlingState’sallocatedSettlementProductinspecified years.ItshallbesolelythedecisionoftheStateregardingwhethertoconvertany portionoftheSettlementProductallocatedtoWashingtonintoacashvalueorto obtaintheSettlementProduct.IftheStateelectstoobtainSettlementProduct,the StateinitssolediscretionshallmakealldecisionsrelatedtotheSettlement Product,includingbutnotlimitedtowhere,how,andtowhomitshallbe distributed.ForpurposesofcalculatingthedivisionoftheWashingtonAbatement AmountinParagraph10ofthisAllocationAgreement II,theSettlementProduct allocatedtoWashingtonshallbeconsidered“StateShare”andshallhavethecash valueassignedtoitintheTevaPublicGlobalSettlementAgreementdated November22,2022.

6. ThisAllocationAgreementIIdoesnotapplytotheStateCostFund,StateAG FeesandCosts,oranyattorneys’fees,fees,costs,orexpensesreferredtointhe SettlementorthatarepaiddirectlyorindirectlyviatheSettlementstotheStateof Washington(“State’sFeesandCosts”).

7. ThisAllocationAgreementIIandtheMOUareaStateBack-StopAgreement. TheSettlingEntitiesarepayingaportionoftheLocalGovernments’attorneys’ feesandcostsasprovidedforintheSettlements.Thetotalcontingentfeesan attorneyreceivesfromtheContingencyFeeFundintheSettlements,theMOU, andthisAllocationAgreementIIcombinedcannotexceed15%oftheportionof theLGSharepaidtotheLitigatingLocalGovernmentthatretainedthatfirmto litigateagainsttheSettlingEntities(i.e.,ifCityXfiledsuitwithoutsidecounsel onacontingencyfeecontractandCityXreceives$1,000,000fromtheWalmart

Settlement,thenthemaximumthatthefirmcanreceiveis$150,000forfeesasto theWalmartSettlement;ifCityXdidnotretainthesamefirmforpotential litigationagainstCVSandCityXreceives$1,000,000fromtheCVSSettlement, thenthefirmreceivesnofeesfromtheCVSSettlement.)

8. NoportionoftheState’sFeesandCostsand/ortheStateShareasdefinedin Paragraphs6and10ofthisAllocationAgreementIIshallbeusedtofundthe Government FeeFund(“GFF”)referredtoinParagraph12ofthisAllocation Agreement IIandSectionDoftheMOU,orin anyotherwaytofundany ParticipatingLocalGovernment’sattorneys’fees,costs,orcommonbenefittax.

9. TheWashingtonAbatementAmountshallandmustbeusedbytheStateand ParticipatingLocalGovernmentsforfutureOpioidRemediationasdefinedinthe Settlements,exceptasallowedbytheSettlements.

10. TheStateandtheParticipatingLocalGovernmentsagreetodividethe WashingtonAbatement Amountasfollows:

A. Fiftypercent(50%)totheStateofWashington(“StateShare”).

B. Fiftypercent(50%)totheParticipatingLocalGovernments(“LGShare”).

11. TheLGShareshallbedistributedtoParticipatingLocalGovernmentspursuantto theMOUattachedheretoasExhibit6asamendedandmodifiedinthisAllocation Agreement II.

12. ForpurposesofthisAllocationAgreementIIonly,theMOUismodifiedas followsandanycontraryprovisionsintheMOUarestruck:

A. ExhibitAoftheMOUisreplacedbyExhibitEofeachoftherespective Settlements.

B. Thedefinitionof“LitigatingLocalGovernments”inSectionA.4ofthe MOUshallmeanLitigatingSubdivisionsasdefinedineachtherespective Settlements.

C. Thedefinitionof“NationalSettlementAgreement”inSectionA.6ofthe MOUshallmeantheSettlements.

D. Thedefinitionof“Settlement”inSectionA.14oftheMOUshallmeanthe Settlements.

E. TheMOUisamendedtoaddnewSectionC.4.g.vii,whichprovidesas follows:

“IfaParticipatingLocalGovernmentreceivingadirectpayment (a)usesOpioidFundsotherthanasprovidedforintherespective Settlements,(b)doesnotcomplywithconditionsforreceiving

directpaymentsundertheMOU,or(c)doesnotpromptlysubmit necessaryreportingandcomplianceinformationtoitsRegional OpioidAbatementCounsel(“RegionalOAC”)asdefinedat SectionC.4.hoftheMOU,thentheRegionalOACmaysuspend directpaymentstotheParticipatingLocalGovernmentafter notice,anopportunitytocure,andsufficientdueprocess.Ifdirect paymentstoParticipatingLocalGovernmentaresuspended,the paymentsshallbetreatedasiftheParticipatingLocalGovernment isforegoingtheirallocationofOpioidFundspursuanttoSection C.4.dandC.4.j.iiioftheMOU.Intheeventofasuspension,the RegionalOACshallgivepromptnoticetothesuspended ParticipatingLocalGovernmentandtheSettlementFund Administratorspecifyingthereasonsforthesuspension,the processforreinstatement,thefactorsthatwillbeconsideredfor reinstatement,andthedueprocessthatwillbeprovided.A suspendedParticipatingLocalGovernmentmayapplytothe RegionalOACtobereinstatedfordirectpaymentsnoearlierthan fiveyearsafterthedateofsuspension.”

F. TheamountspayabletoeachlawfirmrepresentingaLitigatingLocal GovernmentfromtheGFFshallbeconsistentwiththeprocesssetforthin the Order Appointing the Fee Panel to Allocate and Disburse Attorney’s Fees Provided for in State Back-Stop Agreements,CaseNo.1:17-md02804-DAPDoc#:4543 (June17,2022). JoJoTann(the“GFF Administrator”),whoisauthorizedbytheMDLFeePanel(DavidR. Cohen,RandiS.EllisandHon.DavidR.Herndon(ret.))tocalculatethe amountsduetoeligiblecounselfromeachStateBack-Stopfund(i.e.,the GFF)(see id. atp.4),willoverseeandconfirmtheamountspayableto eachlawfirmrepresentingaLitigatingLocalGovernmentfromtheGFF. UponwrittenagreementbetweenthelawfirmsrepresentingtheLitigating LocalGovernmentsontheonehandandtheWashingtonAttorney General’sOfficeontheother,inconsultationwiththeWashingtonState AssociationofCountiesandtheAssociationofWashingtonCities,the GFFAdministratormaybereplacedbyanotherperson,firm,orentity.

G. TheGFFsetforthintheMOUshallbefundedbytheLGShareofthe WashingtonAbatement Amountonly.Totheextentthecommonbenefit taxisnotalreadypayablebytheSettlingEntitiesascontemplatedby SectionD.8oftheMOU, theGFFshallbeusedtopayLitigatingLocal Governmentcontingencyfeeagreementsandanycommonbenefittax referredtoinSectionDoftheMOU,whichshallbepaidonaprorata basistoeligiblelawfirmsasdeterminedbytheGFFAdministrator.

H. TofundtheGFF,fifteen percent(15%)oftheLGShareshallbedeposited intheGFFfromeachLG SharesettlementpaymentuntiltheLitigating Subdivisions’contingencyfeeagreementsandcommonbenefittax(if any)referredtoinSectionDoftheMOUaresatisfied.Underno

circumstanceswillanyPrimarySubdivisionorLitigatingLocal Governmentberequired tocontributetotheGFFmorethan15%ofthe portionoftheLGShareallocatedtosuchPrimarySubdivisionor LitigatingLocalGovernment. Inaddition,undernocircumstanceswill anyportionoftheLGShareallocatedtoaLitigatingLocalGovernmentbe usedtopaythecontingencyfeesorlitigationexpensesofcounselforsome otherLitigatingLocalGovernment.

I. ThemaximumamountofanyLitigatingLocalGovernmentcontingency feeagreement(fromtheContingencyFeeFundoftherespective Settlements)payabletoalawfirmpermittedforcompensationshallbe fifteenpercent (15%)oftheportionoftheLGSharepaidtotheLitigating LocalGovernmentthatretainedthatfirm(i.e.,ifCityXfiledsuitwith outsidecounselonacontingencyfeecontractandCityXreceives $1,000,000fromtheWalmartSettlement,thenthemaximumthatthefirm canreceiveis$150,000forfees.)Thefirmsalsoshallbepaiddocumented expensesdueundertheircontingencyfeeagreementsthathavebeenpaid bythelawfirmattributabletothatLitigatingLocalGovernment. ConsistentwithAgreementonAttorneys’Fees,Costs,andExpenses, whichisExhibitRoftheSettlements,amountsduetoParticipating LitigatingSubdivisions’attorneysunderthisAllocationAgreement II shallnotimpact(i)costspaidbythesubdivisionstotheirattorneys pursuanttoaStateBack-Stopagreement,(ii)fees paidtosubdivision attorneysfromtheCommonBenefitFundforcommonbenefitwork performedbytheattorneyspursuanttoExhibitRoftheSettlements,or (iii)costspaidtosubdivisionattorneysfromtheMDLExpenseFundfor expensesincurredbytheattorneyspursuanttotheSettlements.

J. Undernocircumstancesmaycounselreceivemoreforitsworkonbehalf ofaLitigatingLocalGovernmentthanitwouldunderitscontingency agreementwiththatLitigatingLocalGovernment. Totheextentalaw firmwasretainedbyaLitigatingLocalGovernmentonacontingencyfee agreementthatprovidesforcompensationataratethatislessthanfifteen percent(15%)ofthatLitigatingLocalGovernment’srecovery,the maximumamountpayabletothatlawfirmreferredtoinSectionD.3of theMOUshallbethepercentagesetforthinthatcontingencyfee agreement.

K. Fortheavoidanceofdoubt,bothpaymentsfromtheGFFandthepayment totheParticipatingLitigatingLocalGovernments’attorneysfromthe ContingencyFeeFundintherespectiveSettlementsshallbeincluded whencalculatingwhethertheaforementionedfifteenpercent(15%) maximumpercentage(orlessiftheprovisionsofParagraph10.Jofthis AllocationAgreementIIapply)ofanyLitigatingLocalGovernment contingencyfeeagreementreferredtoabovehasbeenmet.

L. TotheextentthereareanyexcessfundsintheGFF,theGFF AdministratorandtheSettlementAdministratorshallfacilitatethereturn ofthosefundstotheParticipatingLocalGovernmentsasprovidedforin SectionD.6oftheMOU.

13. InconnectionwiththeexecutionandadministrationofthisAllocationAgreement II,theStateandtheParticipatingLocalGovernmentsagreetoabidebythePublic RecordsAct,RCW42.56 et seq.

14. AllParticipatingLocalGovernments,RegionalOACs,andtheStateshall maintainallnon-transitoryrecordsrelatedtothis AllocationAgreementIIaswell asthereceiptandexpenditureofthefundsfromtheSettlementsfornolessthan five(5) years.

15. IfanypartytothisAllocationAgreement IIbelievesthataParticipatingLocal Government,RegionalOAC,theState,anentity,orindividualinvolvedinthe receipt,distribution,oradministrationofthefundsfromtheSettlementshas violatedanyapplicable ethicscodesorrules, acomplaintshallbelodgedwiththe appropriateforumforhandlingsuchmatters,with acopyofthecomplaint promptlysenttotheWashingtonAttorneyGeneral,Complex LitigationDivision, DivisionChief,800FifthAvenue,Suite2000,Seattle,Washington98104.

16. Totheextent(i)aregionutilizesapre-existingregionalbodytoestablishits OpioidAbatementCouncilpursuanttotheSection4.hoftheMOU,and(ii)that pre-existingregionalbodyissubjecttotherequirementsoftheCommunity BehavioralHealthServicesAct,RCW71.24 et seq.,theStateandthe ParticipatingLocalGovernmentsagreethattheOpioidFundspaidbytheSettling EntitiesaresubjecttotherequirementsoftheMOUandthisAllocation Agreement II.

17. UponrequestbyanyoftheSettlingEntities,theParticipatingLocalGovernments mustcomplywiththeTaxCooperationandReportingprovisionsoftherespective Settlement.

18. VenueforanylegalactionrelatedtothisAllocationAgreement II(separateand apartfromtheMOUortheSettlements)shallbeinKingCounty,Washington.

19. Eachpartyrepresentsthatallproceduresnecessarytoauthorizesuchparty’s executionofthisAllocationAgreement IIhavebeenperformedandthatsuch personsigningforsuchpartyhasbeenauthorizedtoexecutethisAllocation Agreement II.

FORTHEPARTICIPATINGLOCALGOVERNMENT:

NameofParticipatingLocalGovernment:

Authorizedsignature:

Name:

Title:

Date:

Approved:______________________

Dennis Weber, Commissioner District 2

Arne Mortensen, Commissioner District 1

Richard Dahl, Commissioner District 3

Attest:____________________________

Kelly Dombrowsky, Clerk of the Board

EXHIBIT1

SubdivisionSettlementParticipationForm (ExhibitKoftheWalmartSettlement)

Governmental Entity: State:

Authorized Official: /officialname_walmart/

Address 1: /address1_walmart/

Address 2: /address2_walmart/

City, State, Zip: /cit_wm/ /state_wm/ /zi_wm/

Phone: /phone_walmart/

Email: /email_walmart/

The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated November 14, 2022 (“Walmart Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Walmart Settlement, release all Released Claims against all Released Entities, and agrees as follows.

1. The Governmental Entity is aware of and has reviewed the Walmart Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Walmart Settlement and become a Participating Subdivision as provided therein.

2. The Governmental Entity shall promptly, and in any event within 14 days of the Effective Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal With Prejudice substantially in the form found at https://nationalopioidsettlement.com/

3. The Governmental Entity agrees to the terms of the Walmart Settlement pertaining to Subdivisions as defined therein.

4. By agreeing to the terms of the Walmart Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date.

5. The Governmental Entity agrees to use any monies it receives through the Walmart Settlement solely for the purposes provided therein.

6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the Walmart Settlement.

7. The Governmental Entity has the right to enforce the Walmart Settlement as provided therein.

8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Walmart Settlement, including but not limited to all provisions of Section X (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Walmart Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Walmart Settlement shall be a complete bar to any Released Claim.

9. In connection with the releases provided for in the Walmart Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:

General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities’ decision to participate in the Walmart Settlement.

10. Nothing herein is intended to modify in any way the terms of the Walmart Settlement, to which Governmental Entity hereby agrees. To the extent this Election and Release is interpreted differently from the Walmart Settlement in any respect, the Walmart Settlement controls.

I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity.

Signature: /signer_1_walmart/

Name: /name_1_walmart/

Title: /title_1_walmart/

Date: /date_1_walmart/

Approved:________________

Dennis Weber, Commissioner District 2

Arne Mortensen, Commissioner District 1

Richard Dahl, Commissioner District 3

Attest:____________________________

Kelly Dombrowsky, Clerk of the Board

EXHIBIT2

SubdivisionSettlementParticipationForm (ExhibitKoftheTevaSettlement)

Governmental Entity: State:

Authorized Signatory: /officialname_teva_allergan/

Address 1: /address1_teva_allergan/

Address 2: /address2_teva_allergan/

City, State, Zip: /cit_ta/ /state_ta/ /zi_ta/

Phone: /phone_teva_allergan/

Email: /email_teva_allergan/

The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Agreement dated November 22, 2022 (“Teva Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Teva Settlement, release all Released Claims against all Released Entities, and agrees as follows.

1. The Governmental Entity is aware of and has reviewed the Teva Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Teva Settlement as provided therein.

2. Following the execution of this Settlement Participation Form, the Governmental Entity shall comply with Section III.B of the Teva Settlement regarding Cessation of Litigation Activities.

3. The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of the Consent Judgment, file a request to dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal With Prejudice substantially in the form found at https://nationalopioidsettlement.com.

4. The Governmental Entity agrees to the terms of the Teva Settlement pertaining to Subdivisions as defined therein.

5. By agreeing to the terms of the Teva Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date.

6. The Governmental Entity agrees to use any monies it receives through the Teva Settlement solely for the purposes provided therein.

7. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the Teva Settlement.

8. The Governmental Entity has the right to enforce the Teva Settlement as provided therein.

9. The Governmental Entity, as a Participating Subdivision or Participating Special District, hereby becomes a Releasor for all purposes in the Teva Settlement, including but not limited to all provisions of Section V (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Teva Settlement are intended by Released Entitles and the Governmental Entity to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Teva Settlement shall be a complete bar to any Released Claim.

10. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision or Participating Special District as set forth in the Teva Settlement.

11. In connection with the releases provided for in the Teva Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:

General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities’ decision to participate in the Teva Settlement.

12. Nothing herein is intended to modify in any way the terms of the Teva Settlement, to which Governmental Entity hereby agrees. To the extent this Election and Release is interpreted differently from the Teva Settlement in any respect, the Teva Settlement controls.

I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity.

Signature: /signer_1_teva_allergan/

Name: /name_1_teva_allergan/

Title: /title_1_teva_allergan/

Date: /date_1_teva_allergan/

Approved:_________________

Dennis Weber, Commissioner District 2

Arne Mortensen, Commissioner District 1

Richard Dahl, Commissioner District 3

Attest:____________________________

Kelly Dombrowsky, Clerk of the Board

EXHIBIT3

SubdivisionSettlementParticipationForm (ExhibitKoftheAllerganSettlement)

Subdivision and Special District Settlement Participation Form

Governmental Entity: State:

Authorized Signatory: /officialname_teva_allergan/

Address 1: /address1_teva_allergan/

Address 2: /address2_teva_allergan/

City, State, Zip: /cit_ta/ /state_ta/ /zi_ta/

Phone: /phone_teva_allergan/

Email: /email_teva_allergan/

The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Agreement dated November 22, 2022 (“Allergan Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Allergan Settlement, release all Released Claims against all Released Entities, and agrees as follows.

1. The Governmental Entity is aware of and has reviewed the Allergan Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Allergan Settlement as provided therein.

2. Following the execution of this Settlement Participation Form, the Governmental Entity shall comply with Section III.B of the Allergan Settlement regarding Cessation of Litigation Activities.

3. The Governmental Entity shall, within fourteen (14) days of the Reference Date and prior to the filing of the Consent Judgment, file a request to dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the MDL Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal With Prejudice substantially in the form found at https://nationalopioidsettlement.com

4. The Governmental Entity agrees to the terms of the Allergan Settlement pertaining to Subdivisions and Special Districts as defined therein.

5. By agreeing to the terms of the Allergan Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date.

6. The Governmental Entity agrees to use any monies it receives through the Allergan Settlement solely for the purposes provided therein.

7. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the Allergan Settlement.

8. The Governmental Entity has the right to enforce the Allergan Settlement as provided therein.

9. The Governmental Entity, as a Participating Subdivision or Participating Special District, hereby becomes a Releasor for all purposes in the Allergan Settlement, including, but not limited to, all provisions of Section V (Release), and along with all departments, agencies, divisions, boards, commissions, Subdivisions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity whether elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist in bringing, or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Allergan Settlement are intended to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Allergan Settlement shall be a complete bar to any Released Claim.

10. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision or Participating Special District as set forth in the Allergan Settlement.

11. In connection with the releases provided for in the Allergan Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:

General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities’ decision to participate in the Allergan Settlement.

12. Nothing herein is intended to modify in any way the terms of the Allergan Settlement, to which the Governmental Entity hereby agrees. To the extent this Settlement Participation Form is interpreted differently from the Allergan Settlement in any respect, the Allergan Settlement controls.

I have all necessary power and authorization to execute this Settlement Participation Form on behalf of the Governmental Entity.

Signature: /signer_1_teva_allergan/

Name: /name_1_teva_allergan/

Title: /title_1_teva_allergan/

Date: /date_1_teva_allergan/

Approved:__________________

Dennis Weber, Commissioner District 2

Arne Mortensen, Commissioner District 1

Richard Dahl, Commissioner District 3

Attest:____________________________

Kelly Dombrowsky, Clerk of the Board

EXHIBIT4

SubdivisionSettlementParticipationForm (ExhibitKoftheCVSSettlement)

Governmental Entity: State:

Authorized Signatory: /officialname_cvs/

Address 1: /address1_cvs/

Address 2: /address2_cvs/

City, State, Zip: /cit_cv/ /state_cv/ /zi_cv/

Phone: /phone_cvs/

Email: /email_cvs/

The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated December 9, 2022 (“CVS Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the CVS Settlement, release all Released Claims against all Released Entities, and agrees as follows.

1. The Governmental Entity is aware of and has reviewed the CVS Settlement, understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form, the Governmental Entity elects to participate in the CVS Settlement and become a Participating Subdivision as provided therein.

2. The Governmental Entity shall promptly, and in any event no later than 14 days after the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at https://nationalopioidsettlement.com.

3. The Governmental Entity agrees to the terms of the CVS Settlement pertaining to Participating Subdivisions as defined therein.

4. By agreeing to the terms of the CVS Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date.

5. The Governmental Entity agrees to use any monies it receives through the CVS Settlement solely for the purposes provided therein.

6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the CVS Settlement. The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the CVS Settlement.

7. The Governmental Entity has the right to enforce the CVS Settlement as provided therein.

8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the CVS Settlement, including without limitation all provisions of Section XI (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the CVS Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The CVS Settlement shall be a complete bar to any Released Claim.

9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the CVS Settlement.

10. In connection with the releases provided for in the CVS Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:

General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party.

A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities’ decision to participate in the CVS Settlement.

11. Nothing herein is intended to modify in any way the terms of the CVS Settlement, to which Governmental Entity hereby agrees. To the extent this Participation and Release Form is interpreted differently from the CVS Settlement in any respect, the CVS Settlement controls.

I have all necessary power and authorization to execute this Participation and Release Form on behalf of the Governmental Entity.

Signature: /signer_1_cvs/

Name: /name_1_cvs/

Title: /title_1_cvs/

Date: /date_1_cvs/

Approved:___________________

Dennis Weber, Commissioner District 2

Arne Mortensen, Commissioner District 1

Richard Dahl, Commissioner District 3

Attest:____________________________

Kelly Dombrowsky, Clerk of the Board

EXHIBIT5

SubdivisionSettlementParticipationForm (ExhibitKoftheWalgreensSettlement)

EXHIBIT K

Subdivision Participation and Release Form

Governmental Entity: State:

Authorized Signatory: /officialname_walgreens/

Address 1: /address1_ walgreens/

Address 2: /address2_ walgreens/

City, State, Zip: /cit_wg/ /state_wg/ /zi_wg/

Phone: /phone_walgreens/

Email: /email_walgreens/

The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated December 9, 2022 (“Walgreens Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Walgreens Settlement, release all Released Claims against all Released Entities, and agrees as follows.

1. The Governmental Entity is aware of and has reviewed the Walgreens Settlement, understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form, the Governmental Entity elects to participate in the Walgreens Settlement and become a Participating Subdivision as provided therein.

2. The Governmental Entity shall promptly, and in any event no later than 14 days after the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at https://nationalopioidsettlement.com

3. The Governmental Entity agrees to the terms of the Walgreens Settlement pertaining to Participating Subdivisions as defined therein.

4. By agreeing to the terms of the Walgreens Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date.

5. The Governmental Entity agrees to use any monies it receives through the Walgreens Settlement solely for the purposes provided therein.

6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the Walgreens Settlement. The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the Walgreens Settlement.

7. The Governmental Entity has the right to enforce the Walgreens Settlement as provided therein.

8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Walgreens Settlement, including without limitation all provisions of Section XI (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Walgreens Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Walgreens Settlement shall be a complete bar to any Released Claim.

9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Walgreens Settlement.

10. In connection with the releases provided for in the Walgreens Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:

General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party.

A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities’ decision to participate in the Walgreens Settlement.

11. Nothing herein is intended to modify in any way the terms of the Walgreens Settlement, to which Governmental Entity hereby agrees. To the extent this Participation and Release Form is interpreted differently from the Walgreens Settlement in any respect, the Walgreens Settlement controls.

I have all necessary power and authorization to execute this Participation and Release Form on behalf of the Governmental Entity.

Signature: /signer_1_walgreens/

Name: /name_1_walgreens/

Title: /title_1_walgreens/

Date: /date_1_walgreens/

Approved:__________________

Dennis Weber, Commissioner District 2

Arne Mortensen, Commissioner District 1

Richard Dahl, Commissioner District 3

Attest:____________________________

Kelly Dombrowsky, Clerk of the Board

EXHIBIT6

OneWashingtonMemorandumofUnderstandingBetweenWashingtonMunicipalities

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 theother 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.

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.

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 decisionmaking related to opioid fund allocation will be based upon the nine (9) predefined Washington State Accountable Community of Health Regions (Allocation Regions). Reference to these pre-defined regions is solely for the purpose of

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

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

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.

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 outcomerelated 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.

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

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.

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

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]

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

Approved:_____________________

Dennis Weber, Commissioner District 2

Arne Mortensen, Commissioner District 1

Richard Dahl, Commissioner District 3

Attest:__________________________________

Kelly Dombrowsky, Clerk of the Board

EXHIBIT A

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

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 webbased 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. 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, cousage, 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 coaddiction.

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 (CONNECTIONSTOCARE)

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 evidencebased, 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. 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, cousage, 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 cooccurring 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 cooccurring SUD/MH conditions, co-usage, and/or co-addiction.

17. Develop or support a National Treatment Availability Clearinghouse – a multistate/nationally accessible database whereby health care providers can list locations for currently available in-patient and out-patient OUD treatment services that are accessible on a real-time basis by persons who seek treatment.

D. ADDRESS THE NEEDS OF CRIMINAL-JUSTICE-INVOLVED PERSONS

Address the needs of persons with OUD and any co-occurring SUD/MH conditions, cousage, 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.

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 dualdiagnosis 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-justiceinvolved 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.

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.

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, evidenceinformed, 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, parentteacher 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

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 cooccurring SUD/MH conditions, co-usage, and/or co-addiction.

12. Support screening for fentanyl in routine clinical toxicology testing.

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 cooccurring SUD/MH conditions, co-usage, and/or co-addiction, or implement other

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

EXHIBIT B

EXHIBIT B

Total: 0.1712669645%

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%

EXHIBIT B

EXHIBIT B

EXHIBIT B

EXHIBIT B

ExhibitC

KINGCOUNTYREGIONALAGREEMENT

King County intends to explore coordination with its cities and towns to facilitate a Regional Agreement forOpioidFundallocation.Should somecitiesandtownschoosenottoparticipate 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 allocationinC.4oftheMOUshallapply.