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Home My WebLink AboutFinal Agenda Packet CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, April 15, 2024 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way Please note that this regular meeting of the Renton City Council is being offered as a hybrid meeting and can be attended in person at the Council Chambers, 7th floor of City Hall, 1055 S Grady Way, Renton, 98057 or remotely through Zoom. For those wishing to attend by Zoom: Please (1) click this link https://us02web.zoom.us/j/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09 (or copy/paste the URL into a web browser) or (2) call-in to the Zoom meeting by dialing 253-215- 8782 and entering 849 3807 2917 Passcode 156708, or (3) call 425-430-6501 by 5 p.m. on the day of the meeting to request an invite with a link to the meeting. Registration for Audience Comment: Registration will be open at all times, but speakers must register by 5 p.m. on the day of a Council meeting in order to be called upon. Anyone who registers after 5 p.m. on the day of the Council meeting will not be called upon to speak and will be required to re-register for the next Council meeting if they wish to speak at that next meeting.  Request to Speak Registration Form: o Click the link or copy/paste the following URL into your browser: https://forms.office.com/g/bTJUj6NrEE  You may also call 425-430-6501 or email jsubia@rentonwa.gov or cityclerk@rentonwa.gov to register. Please provide your full name, city of residence, email address and/or phone number, and topic in your message.  A sign-in sheet is also available for those who attend in person. Video on Demand: Please click the following link to stream Council meetings live as they occur, or to select previously recorded meetings: Renton Channel 21 Video on Demand 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATION a) Arbor Day/Earth Day - April 20, 2024 4. ADMINISTRATIVE REPORT a) Administrative Report 5. AUDIENCE COMMENTS  All remarks must be addressed to the Council as a whole, if a response is requested please provide your name and address, including email address, to the City Clerk to allow for follow-up.  Speakers must sign-up prior to the Council meeting.  Each speaker is allowed three minutes.  When recognized, please state your name & city of residence for the record. NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for or against any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED. 6. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Meeting minutes of April 8, 2024. Council Concur b) AB - 3547 Community & Economic Development Department recommends execution of a 4Culture Sustained Support Program agreement to accept $11,000 in grant funds to support Renton Municipal Arts Commission-endorsed artistic initiatives. Refer to Finance Committee c) AB - 3549 Finance Department recommends adoption of an ordinance amending the 2023/2024 budget to increase revenues by $76,945,749 for amended total revenue of $792,361,545 over the biennium, and increase expenditures by $195,227,693, for an amended total expenditure of $1,018,782,091 over the biennium, and adoption of a resolution amending the 2023/2024 Fee Schedule. Refer to Finance Committee d) AB - 3550 Finance Department recommends approval to execute the Participation Form and Allocation Agreement, with Janssen, for the purpose of receiving an additional $472,000 in opioid settlement funds. Refer to Finance Committee e) AB - 3528 Public Works Facilities Division recommends approval to execute Amendment No. 3 to CAG-22-376, contractor Graham Baba Architects, in the amount of $132,400, for additional design services for architectural, civil engineering, and building graphics for the Pavilion Remodel project. Refer to Finance Committee f) AB - 3529 Public Works Facilities Division recommends approval to execute a new lease, LAG-24-001, with Verizon Wireless, for the installation of communications equipment at the Highlands Reservoir for five (5) years, term February 1, 2023 to January 31, 2028. Verizon will pay a one-time administration fee of $7,500, $2,800 monthly with an annual increase of 3%, and backdated rent totaling approximately $178,000 over the term of the lease. Refer to Finance Committee g) AB - 3536 Public Works Facilities Division recommends approval to execute Addendum 5 to LAG-12-001, lease with Rain City Catering, which provides a three month and 16-day extension from September 30, 2024 to January 16, 2025, in the amount of $4,000 plus 15% of catering sales. Refer to Finance Committee h) AB - 3546 Public Works Facilities Division recommends approval to execute Amendment No. 4 to CAG-22-376, contractor Graham Baba Architects, in the amount of $122,280 for additional services related to the Piazza/Gateway Park Design and integration with the Pavilion Remodel project; and authorization to allocate $250,000 from unencumbered General Fund Balance to the Piazza/Gateway Park project fund. Refer to Finance Committee i) AB - 3548 Public Works Transportation Systems Division recommends execution of a Professional Services Agreement with Fehr and Peers, Inc, in the amount of $378,545, to complete a five-year periodic review and update of the Renton Comprehensive Plan Transportation Element; and approval of additional appropriations in the amount of $378,545 which will be included with the Q2 budget adjustment. Refer to Finance Committee 7. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. 8. LEGISLATION 9. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 10. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) CANCELED Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 To view Council Meetings online, please visit rentonwa.gov/councilmeetings ArmondoPavoneMayorW}IEREAS,in1872,i.SterlingMortonproposedthataspecialdaybesetasidefortheplantingoftreescalledArborDay,whichisnowobservedthroughoutthenationandtheworld;and‘NHEREAS,theCityofRentonhasbeenrecognizedasaTreeCityUSAsince2008bytheArborDayFoundation;andMTHEREAS,treesreducesoilerosion,producelife-givingoxygen,increasepropertyvalues,enhancetheeconomicvitalityofbusinessdistricts,improvewildlifeandfishhabitats,andcontributemanyotherbenefits;andWHEREAS,in1970,SenatorGaylordNelsonintroducedlegislationdesignatingadayinAprilasanationaldaytocelebratetheearth,andcalleditEarthDay;andM/HEREAS,volunteersfromneighborhoods,schools,businesses,andserviceclubswillhavetheopportunitytohelptheCityofRentoncelebrateArborDayandEarthDaythisyearatacity-sponsoredeventinCedarRiverParkandtheRentonCommunityCenteronApril20,2024,andcitystaffwillhelpmarktheoccasionbyassistingwithtreeplantingtohelprestoreandbeautifytheurbanforest;NOW’THEREFORE,I,ArmondoPavone,MayoroftheCityofRenton,doherebyproclaimApril20,2024tobeARBORDAY/EARTHDAYintheCityofRenton,andIencourageallresidentstoobservetheoccasionandjoininorparticipateintheirownwayandconsiderplantingtreeswheretheylive.INWITNESSTHEREOF,IhavehereuntosetmyhandandcausedthesealoftheCityofRentontobeaffixedthis15thdayofApril,2024.PROCLAMATIONArm3Pone,MayorCityofRenton,WashingtonRentonCityHall,7thFloor1055SouthGradyWay,Renton,WA98057.rentonwa.govAGENDA ITEM #3. a) Mayor’s Office Memorandum DATE: April 15, 2024 TO: Ed Prince, Council President Members of Renton City Council FROM: Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer SUBJECT: Administrative Report • Two exciting events are planned for Saturday, April 20: Arbor/Earth Day, hosted by the Urban Forestry and Parks & Trails Maintenance teams, and the Neighborhood Program’s Sustainability Picnic. The annual Arbor/Earth Day event focuses on tree planting and storm drain marking with assistance from volunteers. Both projects' volunteer spots are filled; thank you in advance to our enthusiastic volunteers. The Neighborhood Program’s Sustainability event is from 11 a.m. to 2 p.m. at the Renton Community Center. There will be booth displays by Community & Economic Development, Solid Waste, Surface Water, the Environmental Science Center, and King County Conservation District, plus music, face painting and balloon tying, food, and a tree giveaway. • Information about preventative street maintenance, traffic impact projects, and road closures happening this week can be found at http://rentonwa.gov/traffic. All projects are weather permitting and unless otherwise noted, streets will always remain open. Preventative street maintenance, traffic impact projects, and road closures will be at the following locations:  Tuesday, April 16, 8:00 a.m. to 4:00 p.m. Concrete pour at N 10th Pl between Park Ave N and Garden Ave N heading westbound in the Metro bus stop area. No travel lanes will be affected.  Monday, April 15 through Friday, April 19, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on NE 12th St and Jefferson Ave NE for utility installation. Questions may be directed to Brad Stocco, 425-282-2373.  Monday, April 15 through Friday, April 19, 7:00 a.m. to 5:00 p.m. Northbound lane closure on Burnett Ave S between S 5th St and S 4th St for construction work. Questions may be directed to Rob Blackburn, 206-379-1489. AGENDA ITEM #4. a) Ed Prince, Council President Members of Renton City Council Page 2 of 2 April 15, 2024  Monday, April 15 through Friday, April 19, 8:00 a.m. to 3:00 p.m. Road closure on Kirkland Ave NE between NE Sunset Blvd and NE 12th St for utility installation. A detour route will be provided. Questions may be directed to Brad Stocco, 425-282-2373.  Monday, April 15 through Friday, April 19, 24 hours a day Intermittent land closure on Rainier Ave S between S 2nd St and Airport Way for construction work. Questions may be directed to Joe Nerlfi, 425-757-9657.  Monday, April 15 through Friday, April 19, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on NE Sunset Blvd between Edmonds Ave NE and Kirkland Ave NE for construction work. Questions may be directed to Brad Stocco, 425-282-2373.  Monday, April 15 through Friday, April 19, 8:00 a.m. to 3:00 p.m. Southbound travel and parking lane closures on Williams Ave S between S 2nd and S 3rd Streets for construction work. Questions may be directed to Sam Stolmeier, 425-430-7288.  Ongoing Street Closure (City of Renton Resolution No. 4446). FULL STREET CLOSURE on Sunset Lane NE between NE 10th Street and Harrington Place NE in support of the Solera Development Project (LUA20-000305). Questions may be directed to Brad Stocco, 425-282-2373. AGENDA ITEM #4. a) April 8, 2024 REGULAR COUNCIL MEETING MINUTES CITY OF RENTON MINUTES - City Council Regular Meeting 7:00 PM - Monday, April 8, 2024 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM and led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Ed Prince, Council President James Alberson, Jr., Council Position No. 1 Carmen Rivera, Council Position No. 2 Valerie O'Halloran, Council Position No. 3 Ryan McIrvin, Council Position No. 4 Ruth Pérez, Council Position No. 6 Kim-Khánh Vǎn, Council Position No. 7 Councilmembers Absent: ADMINISTRATIVE STAFF PRESENT Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer Patrice Kent, Senior Assistant City Attorney Jason Seth, City Clerk Brianne Bannwarth, Interim Community & Economic Development Administrator Commander Lance Gray, Police Department Attended Remotely: Judith Subia, Chief of Staff Ellen Bradley-Mak, Human Resources / Risk Management Administrator Martin Pastucha, Public Works Administrator Kristi Rowland, Deputy Chief Administrative Officer Kari Roller, Finance Administrator Deputy Chief Ryan Rutledge, Police Department AGENDA ITEM #6. a) April 8, 2024 REGULAR COUNCIL MEETING MINUTES PROCLAMATION Sexual Assault Awareness Month - April 2024: A proclamation by Mayor Pavone was read declaring April 2024 to be Sexual Assault Awareness Month in the City of Renton and encouraging all residents to join advocates and communities throughout King County in taking action to prevent sexual violence by standing with survivors. Kate Krug, CEO of King County Sexual Assault Resource Center (KCSARC) accepted the proclamation with appreciation. ADMINISTRATIVE REPORT CAO Ed VanValey reviewed a written administrative report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2024 and beyond. Items noted were: • Information about preventative street maintenance, traffic impact projects, and road closures happening this week can be found at http://rentonwa.gov/traffic. All projects are weather permitting and unless otherwise noted, streets will always remain open. AUDIENCE COMMENTS • Kayla Briele, Renton, urged Council to work with The Landing Gear Works and expressed concern about jet traffic coming to the Renton Municipal Airport. • Thomas Anderson, Seattle, urged Council to allow him to show evidence as to why his business, The Landing Gear Works, should not be evicted from the Renton Municipal Airport. • Derek Anderson, Seattle, stated that he works for The Landing Gear Works at the Airport and would like the business to continue to be a part of the aviation industry. • Gay Kiesling, Renton, stated that she would like to rent a table at the upcoming community garage sale at the Community Center, but was told that tables would not be offered for the event. She urged officials to reconsider this decision. • Sami Saad, Renton, stated he was in an altercation in a city elevator and stated he wanted to see video of the incident. He also stated that police refused to file an incident report. Mr. Saad also complained that the five cannabis shops in Renton are owned by two white men. • Diane Dobson, Renton, speaking on behalf of the Renton Chamber of Commerce, thanked officials for attending three separate ribbon-cutting events celebrating the opening of new businesses in Renton. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Meeting minutes of April 1, 2024. Council Concur. b) AB - 3545 City Clerk submits the quarterly list of fully executed contracts between 1/1/2024 - 3/31/2024, and a report of agreements expiring between 4/1/2024 – 9/30/2024. Council Concur. AGENDA ITEM #6. a) April 8, 2024 REGULAR COUNCIL MEETING MINUTES c) AB - 3532 City Attorney requests authorization to initiate further legal proceedings against The Landing Gear Works, LLC to enforce its lease with the Renton Municipal Airport. Council Concur. d) AB - 3542 Public Works Maintenance Services requests authorization to execute a purchase agreement with One.7 Incorporated Washington State Contract Bid 00120 for the purchase of a 2024 Peterbilt 548 Gap Vax Truck, in the amount of $674,833.80, and authorize the appropriation of $417,165 from the Fleet Preplacement Fund and $275,665.80 from the unencumbered balance in that Fund to cover the purchase of the vehicle. Refer to Finance Committee. e) AB - 3543 Public Works Maintenance Services requests authorization to execute an agreement with Gary Merlino Construction Company, Inc. for the purchase of a 2016 Peterbilt 567 Mixer Truck, in the amount of $140,760, and authorize the appropriation of $140,760 from Fund 03 unencumbered balance to cover the purchase the vehicle. Refer to Finance Committee. MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Finance Committee: Chair O'Halloran presented a report recommending approval of the following payments: 1) Accounts Payable - total payment of $15,264,581.56 for vouchers 10794-10795, 10798- 10800, 10802-10804, 415336, 415338-415581 and 6 wire transfers. 2) Payroll - total payment of $1,940,063.04 for payroll vouchers that include 681 direct deposits and 9 checks. (3/1/24 - 3/15/24 pay period). MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. b) Finance Committee: Chair O'Halloran presented a report recommending concurrence in the staff recommendation to authorize Mayor and City Clerk to execute grant agreement with the Department of Commerce in the of $162,500, second half of th e full grant funding of $325,000, specifically for Renton Comprehensive Plan (GMA) Periodic Update-FY 2024. The grant funding aims to assist the City of Renton with the planning work for the completion of the Growth Management Act (GMA) requirement to review and, if needed, revise the comprehensive plan and development regulations under RCW 36.701.A.130(5). MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. c) Finance Committee: Chair O'Halloran presented a report recommending concurrence in the staff recommendation to authorize the Mayor and City Clerk to sign the Washington State Military Department and the Department of Homeland Security Emergency Management Performance Grant (EMPG) Contract E24-248 and approve the 2024 budget adjustment of $58,285. AGENDA ITEM #6. a) April 8, 2024 REGULAR COUNCIL MEETING MINUTES MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. d) Finance Committee: Chair O'Halloran presented a report recommending concurrence in the staff recommendation to approve the proposed change in compensation for lateral officers by increasing the hiring bonus to a $20,000 payment upon hire date and a second $20,000 payment upon completion of their one-year probation. This shall expire on December 31, 2024, and will revert back to the current incentives. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. e) Finance Committee: Chair O'Halloran presented a report recommending concurrence in the staff recommendation to authorize the Mayor and City Clerk to receive and execute a contract extension to CAG-21-174 in Amendment 2 with King County's Department of Community and Human Services to allocate $60,000 to the Recreation Division. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. f) Finance Committee: Chair O'Halloran presented a report recommending concurrence in the staff recommendation to authorize the Mayor and City Clerk to enter into an agreement with Moffat & Nichol in the amount of $141,971 for the Springbrook Trail Boardwalk Repairs Project. As this project was caused by arson, the funding source is 001.000000.020.576.81.48.004 VANDALISM which funds repairs due to vandalism. MOVED BY O'HALLORAN, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. g) Finance Committee: Chair O'Halloran presented a report recommending concurrence in the staff recommendation to approve and ratify Amendment #1 to CAG-19-204, with contractor Valley Defenders PLLC, to increase the monthly fee be three (3) percent and extend it through December 31, 2024. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) ADJOURNMENT MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL ADJOURN. CARRIED. TIME: 7:35 PM Jason A. Seth, MMC, City Clerk Jason Seth, Recorder 08 Apr 2024 AGENDA ITEM #6. a) Council Committee Meeting Calendar April 8, 2024 April 15, 2024 Monday CANCELED Utilities Committee, Chair Văn CANCELED Transportation Committee, Chair McIrvin CANCELED Committee of the Whole, Chair Prince 7:00 PM Council Meeting Location: Council Chambers/Videoconference AGENDA ITEM #6. a) AB - 3547 City Council Regular Meeting - 15 Apr 2024 SUBJECT/TITLE: 4Culture Arts Sustained Support Program Grant 2024 RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Community & Economic Development Department STAFF CONTACT: Gina Estep, Economic Development Director EXT.: (206) 305-3615 FISCAL IMPACT SUMMARY: The City has applied for and will be awarded a total of $11,000 from 4Culture to support 2024 Arts and Culture projects in the City of Renton. SUMMARY OF ACTION: The Renton Municipal Arts Commission is pleased to announce that it has been awarded an $11,000 grant for the second consecutive year through 4Culture's Arts Sustained Support program. This program provides consistent and dependable funding to support the day-to-day operations of arts, heritage, and preservation organizations throughout King County, fostering creativity and cultural enrichment. With this grant, the Arts Commission aims to facilitate engaging opportunities for community members to connect through various artistic initiatives, whether as participants in interactive projects or events, or as spectators. Thanks to the support from 4Culture, the Arts Commission will expand its efforts to provide captivating opportunities for community members to engage with art. The Renton Municipal Arts Commission is set to receive $11,000 to bolster events and programming that are inclusive and widely promoted within the community. This funding from 4Culture will play a vital role in advancing the accessibility of art and culture to all members of our community. EXHIBITS: A. 4Culture Arts Sustained Support Program 2024 Application B. 4Culture 2024 Grant Agreement STAFF RECOMMENDATION: Authorize the Staff to accept the 4Culture Sustained Support Program award of $11,000 and sign the grant agreement. AGENDA ITEM #6. b) AGENDA ITEM #6. b) AGENDA ITEM #6. b) AGENDA ITEM #6. b) AGENDA ITEM #6. b) AGENDA ITEM #6. b) AGENDA ITEM #6. b) AGENDA ITEM #6. b) GRANT INFORMATION CONTRACTOR INFORMATION City of Renton Jessie Kotarski Economic Development Manager 1055 S Grady Way, 6th floor Renton, Washington 98057 (425) 430-6581 PROGRAM INFORMATION ----,''''' �1 CULTURE TEL 206 296.7580 TTY 711 101 PREFONTAINE PL S SEATTLE WA 98104 WWW.4CULTURE.ORG Your Contract#: 124227A Arts Sustained Support -1750 Motion #: 2023-05 Attached is your Contract with 4Culture for $11,000.00 for the 2024 Arts Sustained Support -LAA project. The contract starts on 01/01/24 and ends on 12/31/24. For questions, contact Bret Fetzer at bret.fetzer@4culture.org or (206) 263-1599. SCOPE OF SERVICE Grantee and 4Culture, the Cultural Development Authority of King County, mutually agree that the following services be provided in accordance with the application submitted to and approved by the 4Culture Board. Support for 2024 Programs, including events or activities with actual expenses in excess of the amount of this organization's Arts Sustained Support award, occurring between Jan 1 and Dec 31 of this year, and which are open and publicized to the community. Funds are provided on a cost reimbursement basis, including any overhead, personnel, rent, insurance, and related operating expenses necessary as part of the production of activities and experiences supported by this award. Payable upon completion of events or activities that fulfill the requirements above and submittal of an invoice, including documentation regarding: •Final project budget, actual •Samples of programs, brochures, or other marketing materials featuring the 4Culture logo, if available •Photos of the event, if available Final payment will not be made until acknowledgment is submitted 4CULTURE PAGE 1 AGENDA ITEM #6. b) AGENDA ITEM #6. b) AGENDA ITEM #6. b) AGENDA ITEM #6. b) AGENDA ITEM #6. b) AGENDA ITEM #6. b) AGENDA ITEM #6. b) AGENDA ITEM #6. b) AGENDA ITEM #6. b) AGENDA ITEM #6. b) AGENDA ITEM #6. b) AB - 3549 City Council Regular Meeting - 15 Apr 2024 SUBJECT/TITLE: 2024 Carryforward / 1st Quarter Budget Amendment Ordinance and 2023/2024 Fee Schedule Resolution RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Finance Department STAFF CONTACT: Kari Roller, Finance Administrator EXT.: 6931 FISCAL IMPACT SUMMARY: Amend the 2023/2024 budget to increase revenues by $76,945,749 for an amended total revenue of $792,361,545 over the biennium, and increase expenditures by $195,227,693, for an amended total expenditure of $1,018,782,091 over the biennium. SUMMARY OF ACTION: The primary purpose of the proposed 2024 carryforward budget amendment is to carryforward any unspent budgeted revenues and expenditures as well as: 1. Incorporate new grants awarded and associated expenditures during the period; 2. Make adjustments to the 2023/2024 budget for unanticipated or new revenues and expenditures; 3. Adjust various capital investment program (CIP) projects as needed; 4. Amend the 2023/2024 Fee Schedule. The proposed revenue budget adjustment totals $76.9M which consists of $60.8M in carryforward and $16.1M in new items. The proposed expenditure budget adjustment totals $195.2M which consists of $163M in carry forward and $32.2M in new items. EXHIBITS: A. Issue Paper B. 2024 Carryforward and 1st Qtr Budget Amendment Detail C. 2023/2024 Vehicle Replacement - 2024 Carryforward and 1st Qtr BA D. 2024 Carryforward and 1st Qtr Budget Amendment Ordinance E. 2023/2024 Fee Schedule Resolution STAFF RECOMMENDATION: 1. Approve the budget amendment and adopt the ordinance amending the 2023/2024 budget to increase revenues by $76,945,749 for an amended total revenue of $792,361,545 over the biennium, and increase expenditures by $195,227,693, for an amended total expenditure of $1,018,782,091 over the biennium. 2. Approve the resolution amending the 2023/2024 Fee Schedule. AGENDA ITEM #6. c) ADMINISTRATIVE SERVICES M E M O R A N D U M DATE: April 15, 2024 TO: Ed Prince, Council President Members of Renton City Council VIA: Armondo Pavone, Mayor FROM: Kari Roller, Finance Administrator STAFF CONTACT: Raevel Chea, Senior Finance Analyst SUBJECT: 2024 Carry Forward/1st Quarter Budget Amendment Ordinance and 2023/2024 Fee Schedule Resolution ISSUE Should the 2023/2024 budget be amended to incorporate items as detailed on the attached summary and should the 2023/2024 Fee Schedule be amended to incorporate changes? RECOMMENDATION Adopt the ordinance amending the 2023/2024 biennial budget and resolution amending the 2023/2024 Fee Schedule. OVERVIEW The primary purpose of the proposed 2024 carry forward budget amendment is to carryforward any unspent budgeted expenditures as well as 1) incorporate new grants awarded and associated expenditures during the period; 2) make adjustments to the 2023/2024 budget for unanticipated or new revenues and expenditures; and 3) adjust various capital investment program (CIP) projects as needed. The proposed revenue budget adjustment totals $76.9M which consists of $60.8M in carryforward and $16.1M in new items. The proposed expenditure budget adjustment totals $195.2M which consists of $163M in carry forward and $32.2M in new items. New items include expenditures for May Creek Trail South and Pavilion improvements, adjustment for the new Police Guild Commissioned contract and 2024 AFSCME salary study, and new appropriation for Transportation and Utility capital projects. I. PROPOSED GENERAL GOVERNMENTAL ADJUSTMENTS: The proposed budget amendment includes $4.1M in grants, donations, and other revenues that we expect to receive in 2024 and $14M in proposed expenditure adjustments that are described in the attached 2024 Carryforward and 1st Quarter Budget Amendment Detail document. The expenditure adjustments are $3.8M in carryforward items and $10.2M in new appropriations. The adjustments will leave $88.4M in General Fund balance, which represents 60% of the proposed expenditure budget. AGENDA ITEM #6. c) Ed Prince, Council President Page 2 of 2 April 22, 2024 II. OTHER FUNDS: The proposed budget amendment includes $72.8M in grants, donations, and other revenues that we expect to receive in 2024 and $181.2M in proposed expenditure adjustments that are described in the attached 2024 Carryforward and 1st Quarter Budget Amendment Detail document. The expenditure adjustments are $159.3M in carryforward items and $22M in new appropriations. The adjustments will leave $186.5M in all other City funds combined fund balance. III. CHANGES TO AUTHORIZED POSITIONS: There is no change to the total number of authorized positions. The only change is in the Executive Services Department converting a limited term full time Public Records Analyst to a regular full time Public Records Analyst. IV. 2023/2024 FEE SCHEDULE AMENDMENT: Below are sections of the fee schedule with proposed changes. Additional details can be found in the attached 2023/2024 Fee Schedule (redlined version). 1. Section III. City Center Parking Fees 2. Section VI. Parks and Facilities Use and Rental 2. Section XII. Development Fees CONCLUSION The 2024 carryforward and 1st quarter budget amendment will incorporate grants and associated expenditures awarded to the city during the period; make adjustments to the 2023/2024 budget for unanticipated revenue and expenditures; adjust various capital investment program (CIP) projects; and amend the 2023/2024 Fee Schedule. Staff recommends Council approve the proposed adjustments. Attachments: Budget Amendment Ordinance, Exhibit A and Exhibit B 2024 Carryforward and 1st Quarter Budget Amendment Detail 2023‐2024 Vehicle replacement – 2024 Carryforward and 1st Qtr BA 2023/2024 Fee Schedule Resolution and Brochure AGENDA ITEM #6. c) 2024 CF 1st Quarter Budget Amendment Detail 1/8 FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? GENERAL FUND (Fund 0XX) Beginning Fund Balance 99,226,475 ‐ 99,226,475 REVENUES CED Renton Middle Housing Grant (2023‐2025) 50,000 NEW Y CED Renton Comprehensive Plan (GMA) Grant Year 2 162,500 NEW Y CED Renton Comprehensive Plan (GMA) CAG‐23‐104 147,500 CF Y CED Dept of Commerce TODI Grant CAG 22‐059 233,000 CF Y CED Dept of Commerce HAPI Grant CAG 22‐259 19,817 CF Y CW ARPA Grant Revenue Balance 2,676,355 CF Y ESD 2023 Emergency Management Program Grant 58,285 CF Y MC 2023 Washington State Administrative Office of the Courts Grant 135,365 CF Y PD Walmart Grant ‐ Shop With a Cop 3,500 CF Y PD 2020 Edward Byrne Memorial Grant 6,965 CF Y PD 2021 Edward Byrne Memorial Grant 20,636 CF Y PD 2022 Edward Byrne Memorial Grant 33,532 CF Y PD 2023 Edward Byrne Memorial Grant 35,106 CF Y PD 2024 Washington Traffic Safety Commission High Visibility Enforcement Grant 10,000 NEW Y PD 2023 King County Sex Offender Grant 7,354 CF Y PD 2024 Organized Crime Drug Enforcement Task Force Contract 5,000 NEW Y P&R Duvall Ave Project Transfer‐in from Fund 317 18,000 NEW N P&R Project Be Free AWC Grant CAG‐23‐367 67,500 CF Y P&R Farmer's Market Sponsorships 10,500 NEW N P&R VSHSL Contract Amendment 60,000 NEW Y P&R LTAC Award Winter Lights 10,000 NEW Y P&R LTAC Award Renton River Days 10,000 NEW Y PW Transporation Demand Management Program ‐ WSDOT Grant 155,400 NEW Y PW Safer Access to Neighborhood (SAND) Grant 182,700 NEW Y CED Williams Ave Streetscape Art Project 10,000 NEW Y Total Revenue Adjustment 132,287,834 4,129,016 136,416,850 EXPENDITURES CED South Renton Neighborhood Mitigation Funds 18,512 CF Y CED Design and Construction Standards CAG‐22‐409 69,338 CF Y CED Renton Middle Housing Grant (2023‐2025) 50,000 NEW Y CED Renton Comprehensive Plan (GMA) Grant 162,500 NEW Y CED Renton Comprehensive Plan (GMA) Grant CAG‐23‐105 89,453 CF Y CED Housing Opportunity Grants 100,000 CF Y CED Dept of Commerce TODI Grant CAG‐22‐058 63,701 CF Y CED Dept of Commerce HAPI Grant CAG 22‐258 28,410 CF Y CED Heart Block Survey CAG‐23‐362 11,165 CF Y CED Heart Block Master Plan CAG‐23‐294 41,990 CF Y CED Arts & Culture Master Plan CAG‐23‐277 109,963 CF Y CED Costar Looplink CAG‐23‐214 1,710 CF Y CED Downtown Cleaning Services CAG‐23‐311 146,668 CF Y CED RDP Main Street Services CAG‐22‐033 104,643 CF Y CED Utility Boxes Wrap Art CAG‐23‐297 5,365 CF Y CED Downtown Wayfinding Project 233,858 CF Y CW Citywide clean‐up 500,000 CF Y CW Legal Representation Contract CAG‐20‐433 47,789 NEW N CW 2024 Clean Air Assessment 12,235 NEW N CW 2024 AFSCME Salary Review 43,761 NEW Y CW LEOFF Retiree Benefit Contribution (180,000)NEW N CW Legal Services for Litigation 200,000 NEW N ESD 2023 Emergency Management Program Grant 58,285 CF Y ESD 2023 Crime Prevention Through Enviromental Design Training 20,000 CF Y ESD Organizational Development Tables 4,393 NEW N ESD IT Service Contracts ‐ Transfer to IT (73,262)NEW N ESD Move COLA adj to Communications (541)NEW Y ESD Court Public Defenders Cost Increase 37,000 NEW N FIN Tax Increment Financing Analysis and Planning 65,320 CF Y FIN External Legal Services for Tax Appeal CAG‐19‐200 75,541 CF Y FIN External Legal Services for Tax Appeal CAG‐19‐342 50,000 NEW N HRRM Employee Recognition Supplies 1,500 NEW N MC 2023 Washington State Administrative Office of the Courts Grant 100,596 CF Y PD Shop With a Cop Funding 6,632 CF Y PD Shop With a Cop Funding 500 NEW N PD 2020 Edward Byrne Memorial Grant 4,199 CF Y PD 2021 Edward Byrne Memorial Grant 11,783 CF Y PD 2022 Edward Byrne Memorial Grant 15,444 CF Y PD 2023 Edward Byrne Memorial Grant 35,106 CF Y PD 2024 Washington Traffic Safety Commission High Visibility Enforcement Grant 8,713 NEW Y PD 2023 King County Sex Offender Grant 6,256 CF Y PD Washington Association of Sheriff's and Police Chiefs One‐Time Legislative Funding 2,547 CF Y PD 2024 Organized Crime Drug Enforcement Task Force Contract 5,000 NEW Y PD Operating Budget for the Communications and Community Engagement Team 20,000 NEW N PD Police Commissioned Officers Union Contract 467,275 NEW Y PW Sustainability Professional Services 20,000 CF Y CW 2024 AFSCME Salary Review 138,815 NEW Y P&R Duvall Ave Project 1‐year irrigation/maintenance & sprinkle repair 18,000 NEW N P&R Agape Love of Renton Contract ‐ Homeless Outreach CAG‐23‐349 122,430 CF Y P&R Project Be Free AWC Grant CAG‐23‐367 67,500 CF Y P&R Emergency Feeding Program SOS Pop‐Up Lunch Events CAG‐23‐189 17,140 CF Y P&R Peer Renton Program CAG‐23‐344 42,370 CF Y P&R Risk Solutions Unlimited (RSU) ‐ Safety Agent services in Downtown Renton CAG‐23‐433 720,990 CF Y P&R REACH ‐ Cold Weather Shelter Expenditures CAG‐23‐389 20,000 NEW N P&R HRAP ‐ Renton Gives Expenditures 499 CF N P&R Housing Repair Assistance Program 125,000 CF Y P&R Human Services Programs 400,000 CF Y P&R CPTED Funding 251,355 CF Y P&R Encampment Removal Contracting 20,373 CF Y P&R Farmers Market Sponsorships 10,500 NEW Y P&R VSHSL Contract Amendment 60,000 NEW N P&R LTAC Award Winter Lights 10,000 NEW Y P&R LTAC Award Renton River Days 10,000 NEW Y P&R Foundation ‐ Circle of Giving: Adaptive Recreation 2,695 CF Y P&R AARP/Fitlot Funding Expense 3,265 CF Y P&R Adaptive Recreation Program Donation 10,000 NEW N P&R Piazza Park Improvement ‐ Transfer to 316 250,000 NEW N P&R Pavilion Remodel ‐ Transfer to 316 4,000,000 NEW N P&R Municipal Facilities Capital Project ‐ Transfer to 316 4,000,000 NEW N CW 2024 AFSCME Salary Review 134,457 NEW N PW Signal Shop Lighting Supplies 140,000 NEW N PW Transporation Demand Management Program ‐ WSDOT Grant 155,400 NEW Y 1/8 AGENDA ITEM #6. c) 2024 CF 1st Quarter Budget Amendment Detail 2/8 FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? PW Safer Access to Neighborhood (SAND) Grant 134,012 NEW Y PW Transfer to Fund 501 ‐ Cement Pouring Truck 150,000 NEW N PW Family First Center Remaining Expenses 85,849 NEW N CED Public Art Installation CAG‐23‐427 18,634 CF Y CED 2023 RMAC Award 36,330 CF Y CED Williams Ave Streetscape Art Project 10,000 NEW N Total Expenditure Adjustment 133,220,900 13,968,962 147,189,862 Ending Fund Balance 98,293,409 (9,839,946)88,453,463 FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? SPECIAL HOTEL‐MOTEL TAX (Fund 110) Beginning Fund Balance 889,272 ‐ 889,272 REVENUES CED 2023 RCMC Partner Contributiions 10,000 CF Y CED 2024 RCMC Partner Contributiions 25,000 NEW N Total Revenue Adjustment 434,000 35,000 469,000 EXPENDITURES CED 2024 LTAC Allocation 440,000 NEW Y CED 2024 RCMC Partner Contributiions 25,000 NEW N Total Expenditure Adjustment ‐ 465,000 465,000 Ending Fund Balance 1,323,272 (430,000)893,272 FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? CABLE COMMUNICATIONS DEVELOPMENT (Fund 127) Beginning Fund Balance 358,300 ‐ 358,300 REVENUES Total Revenue Adjustment 57,674 ‐ 57,674 EXPENDITURES Total Expenditure Adjustment 97,674 ‐ 97,674 Ending Fund Balance 318,300 ‐ 318,300 FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? HOUSING AND SUPPORTIVE SERVICES (FUND 130) Beginning Fund Balance 10,811,847 ‐ 10,811,847 REVENUES Total Revenue Adjustment 3,500,000 ‐ 3,500,000 EXPENDITURES CW Mental Health Navigator Contract 210,000 CF Y P&R Project Be Free ‐ Domestic Violence Advocacy CAG‐24‐005 99,000 NEW N Total Expenditure Adjustment ‐ 309,000 309,000 Ending Fund Balance 14,311,847 (309,000)14,002,847 FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? SPRINGBROOK WETLANDS BANK (Fund 135) Beginning Fund Balance 711,118 ‐ 711,118 REVENUES Total Revenue Adjustment 4,011 ‐ 4,011 EXPENDITURES Total Expenditure Adjustment 40,000 ‐ 40,000 Ending Fund Balance 675,130 ‐ 675,130 FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? POLICE SEIZURE (Fund 140) Beginning Fund Balance 731,928 ‐ 731,928 REVENUES Total Revenue Adjustment ‐ ‐ ‐ EXPENDITURES PD State Seizure Fund Balance 686,961 CF Y PD Federal Seizure Fund Balance 44,967 CF Y Total Expenditure Adjustment ‐ 731,928 731,928 Ending Fund Balance 731,928 (731,928)(0) FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? POLICE CSAM SEIZURE (Fund 141) Beginning Fund Balance 169,577 ‐ 169,577 REVENUES Total Revenue Adjustment ‐ ‐ ‐ EXPENDITURES PD Child Sexual Abuse Material Violations Fund Balance 73,919 CF Y PD Child Sexual Abuse Material Advocacy Fund Balance 95,658 CF Y Total Expenditure Adjustment ‐ 169,577 169,577 Ending Fund Balance 169,577 (169,577)‐ FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? GENERAL GOVERNMENT MISC DEBT SVC (Fund 215) Beginning Fund Balance 5,412,174 ‐ 5,412,174 REVENUES Total Revenue Adjustment 3,153,417 ‐ 3,153,417 EXPENDITURES Total Expenditure Adjustment 2,960,690 ‐ 2,960,690 Ending Fund Balance 5,604,901 ‐ 5,604,901 FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? 2/8 AGENDA ITEM #6. c) 2024 CF 1st Quarter Budget Amendment Detail 3/8 FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? COMMUNITY SERVICES IMPACT MITIGATION (Fund 303) Beginning Fund Balance 681,333 ‐ 681,333 REVENUES Total Revenue Adjustment 86,500 ‐ 86,500 EXPENDITURES Total Expenditure Adjustment 450,000 ‐ 450,000 Ending Fund Balance 317,833 ‐ 317,833 FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? FIRE IMPACT MITIGATION (Fund 304) Beginning Fund Balance ‐ ‐ ‐ REVENUES Total Revenue Adjustment 200,000 ‐ 200,000 EXPENDITURES Total Expenditure Adjustment 200,000 ‐ 200,000 Ending Fund Balance ‐ ‐ ‐ FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? TRANSPORTATION IMPACT MITIGATION (Fund 305) Beginning Fund Balance 2,220,270 ‐ 2,220,270 REVENUES Total Revenue Adjustment 511,152 ‐ 511,152 EXPENDITURES Total Expenditure Adjustment 100,000 ‐ 100,000 Ending Fund Balance 2,631,422 ‐ 2,631,422 FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? REET 1 (Fund 308) Beginning Fund Balance 1,765,153 ‐ 1,765,153 REVENUES Total Revenue Adjustment 2,300,000 ‐ 2,300,000 EXPENDITURES Total Expenditure Adjustment ‐ ‐ ‐ Ending Fund Balance 4,065,153 ‐ 4,065,153 FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? REET 2 (Fund 309) Beginning Fund Balance 3,145,503 ‐ 3,145,503 REVENUES Total Revenue Adjustment 2,300,000 ‐ 2,300,000 EXPENDITURES Total Expenditure Adjustment 4,183,425 ‐ 4,183,425 Ending Fund Balance 1,262,078 ‐ 1,262,078 FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? SCHOOL IMPACT MITIGATION (FUND 31X) Beginning Fund Balance 34 ‐ 34 REVENUES Total Revenue Adjustment 600,000 ‐ 600,000 EXPENDITURES Total Expenditure Adjustment 600,000 ‐ 600,000 Ending Fund Balance 34 ‐ 34 FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? MUNICIPAL FACILITIES CIP (Fund 316) Beginning Fund Balance 21,980,020 ‐ 21,980,020 CED WA Dept of Commerce Grant for Burnett Ave Sidewalk Project CAG‐22‐031 394,539 CF Y CED CDBG Grant ‐ Williams Ave Streetscape Project 1,000,902 CF Y P&R Recreation and Conservation Office Grant 462,923 CF Y P&R King County Parks Capital and Open Space Grant 800,000 CF Y P&R Department of Commerce Grant ‐ Piazza Park 1,440,450 CF Y P&R Cedar River Trails Flood Disaster Grant 200,952 NEW Y P&R Piazza Park Improvements ‐ Transfer from GF 250,000 NEW N P&R Pavilion Remodel ‐ Transfer from GF 4,000,000 NEW N P&R Municipal Facilities Capital Project ‐ Transfer from GF 4,000,000 NEW N PW Small Business Administration Grant for Pavilion Remodel 1,500,000 CF Y PW CBDG Grant for Senior Center Improvements 448,208 CF Y PW King County Grant for Henry Moss Aquatic Center 1,004,440 CF Y Total Revenue Adjustment 1,892,698 15,502,415 17,395,113 EXPENDITURES CED Burnett Ave Sidewalk project CAG‐22‐031 609,151 CF Y CED Williams Ave Streetscape Project 832,959 CF Y P&R Parks Recreation and Open Space Plan 300,000 CF Y P&R Urban Forestry Program 266,653 CF Y P&R Cedar River Structural Inspection 43,131 CF Y P&R Sunset Park Irrigation Redesign and Installation 27,948 CF Y P&R Coulon Park Irrigation and Turf Replacement 35,000 CF Y P&R Coulon Park Swim Beach 100,000 CF Y P&R Philip Arnold Park Improvements 255,000 CF Y P&R Kiwanis Park 174,965 CF Y P&R Coulon Park Waterwalk 70,000 CF Y 3/8 AGENDA ITEM #6. c) 2024 CF 1st Quarter Budget Amendment Detail 4/8 FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? P&R Coulon Park Trestle Bridge 30,000 CF Y P&R May Creak Trail South 1,927,806 CF Y P&R May Creak Trail South 1,000,000 NEW N P&R Demolition of Building from Parks Ave N Acquisition 79,951 CF Y P&R Maplewood Playground Replacement 150,000 CF Y P&R Maplewood Playground Replacement 30,000 NEW N P&R Liberty Park Sports and Light Improvements 103,808 CF Y P&R City Hall Turf Damage 50,000 CF Y P&R Talbot Sport Court Improvements 562,145 CF Y P&R Cleveland Richardson Park 200,000 CF Y P&R May Creek Park 192,476 CF Y P&R Demolition of Building from Miser Property Acquisition 85,773 CF Y P&R Piazza Park Improvements 1,440,450 CF Y P&R Piazza Park Improvements 250,000 NEW N P&R Glencoe Park Playground (175,000)NEW N P&R Highland Park Playground 250,000 NEW N P&R Cedar River Trails Flood Disaster 226,245 NEW Y PW DES/ESCO Energy Audit 78,956 CF Y PW DES/ESCP Energy Project Phase 3 2,172,106 CF Y PW City Hall Lobby remodel 2,948,570 CF Y PW City Hall 7th Floor remodel HR Space 262,072 CF Y PW New Park Maintenance Facility 2,781,943 CF Y PW Pavilion Remodel project 3,875,873 CF Y PW Pavilion Remodel project 4,000,000 NEW N PW 300 Rainier Demolition Airport 177,090 CF Y PW 300 Rainier Demolition Airport 164,955 NEW Y PW Senior Center Improvements 1,348,208 CF Y PW Boathouse 53,387 CF Y PW HMAC construction project 1,957,469 CF Y Total Expenditure Adjustment 1,892,698 28,939,090 30,831,788 Ending Fund Balance 21,980,020 (13,436,675)8,543,344 FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? CAPITAL IMPROVEMENT (Fund 317) Beginning Fund Balance 15,282,117 ‐ 15,282,117 REVENUES PW Arterial Rehab SW 43rd ‐ TIB Grant 2,975,154 NEW Y PW Bronson Bridge ‐ WSDOT Grant 209,142 CF Y PW Duvall Ave ‐ DOE Grant 96,400 CF Y PW Houser Way N Bridge ‐ Federal Grant 441,176 CF Y PW Rainier Ave Phase 4 19,296,330 CF Y PW Rainier Ave Phase 4 57,073 NEW N PW Renton Connector 1,204,114 CF Y PW S 2nd Street Conversion 1,330,941 CF Y PW S. 7th St Corridor 627,058 CF Y PW S. 7th St Corridor ‐ TIB Grant 187,000 NEW Y PW Williams Bridge 450,236 CF Y PW Lake WA Loop Trail 108,993 CF Y PW I‐405/44th Gateway & Greenscape 51,000 CF Y PW Suneset Trails 960,150 CF Y PW Renton Transportation Benefit District 2,625,000 NEW N Total Revenue Adjustment 3,118,800 30,619,768 33,738,567 EXPENDITURES PW Street Overlay 408,600 CF Y PW Arterial Rehab SW 43rd 1,822,846 CF Y PW Arterial Rehab SW 43rd ‐ TIB Grant 3,124,841 NEW Y PW Oakesdale Ave SW 398,345 CF Y PW Walkway Program 267,495 CF Y PW Roadway Safety & Guardrail 27,671 CF Y PW Intersection Safety 822,086 CF Y PW Traffic Safety 52,535 CF Y PW Safe Routes to Transit 3,216 CF Y PW Preservation of TOD 112,769 CF Y PW ITS Program 149,727 CF Y PW Sidewalk Rehabilitation 1,000,000 CF Y PW Cedar Ave Sidewalk 59,927 CF Y PW Bridge Inspection Program 50,000 NEW N PW Bridge Inspection Program 251,915 CF Y PW Barrier Free Program 50,000 CF Y PW Project Development & Pre‐Design 86,045 CF Y PW Arterial Circulation 132,420 CF Y PW Bronson Bridge 544,176 CF Y PW Duvall Ave 178,350 CF Y PW Duvall Ave Project Transfer‐out to Fund 001 18,000 NEW N PW Houser Way N Bridge 815,825 CF Y PW Park Ave Extension 1,841,841 CF Y PW Rainier Ave Phase 4 20,477,359 CF Y PW Rainier Ave Phase 4 57,073 NEW N PW Renton Connector 1,320,410 CF Y PW S. 7th St Corridor 534,853 CF Y PW S. 7th St Corridor ‐ TIB Grant 187,000 NEW Y PW S 2nd Street Conversion 1,539,237 CF Y PW 116th Ave SE Sidewalk 999,269 CF Y PW 116th Ave SE Sidewalk 307,523 NEW N PW Maplewood Sidewalk Rehab 1,000,000 CF Y PW Catch Basin Repair 250,000 CF Y PW NE 31st St Bridge 49,179 CF Y PW N 27th Scour Repair 29,457 CF Y PW Lake WA Loop Trail 269,228 CF Y PW Williams Ave & Wells Ave S 138,877 CF Y PW Houser Way Int & Pedestrian 28,824 CF Y PW Sound Transit NE 44th St 5,141 CF Y PW Sound Transit NE 44th St 50,000 NEW N PW I‐405/44th Gateway & Greenscape 39,409 CF Y PW I‐405/44th Gateway Artistic Enhancement 200,000 CF Y PW Williams Bridge 1,167,311 CF Y PW Sunset Trail 1,139,969 CF Y PW Traffic Calming Speed Cushion 44,054 CF Y Total Expenditure Adjustment 2,945,000 42,052,803 44,997,803 Ending Fund Balance 15,455,916 (11,433,035)4,022,881 4/8 AGENDA ITEM #6. c) 2024 CF 1st Quarter Budget Amendment Detail 5/8 FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? FAMILY FIRST CENTER DEVELOPMENT (Fund 346) Beginning Fund Balance 3,643,436 ‐ 3,643,436 REVENUES Total Revenue Adjustment ‐ ‐ ‐ EXPENDITURES Total Expenditure Adjustment ‐ ‐ ‐ Ending Fund Balance 3,643,436 ‐ 3,643,436 FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? AIRPORT OPERATIONS AND CIP (Fund 4X2) Beginning Fund Balance 11,276,837 ‐ 11,276,837 REVENUES PW 300 Rainier Demolition Airport 164,955 NEW Y PW CRRSAA Airport Grant 21,874 CF Y PW Taxiway Alpha Rehabilitation 1,115,022 CF Y Total Revenue Adjustment 4,830,019 1,301,851 6,131,870 EXPENDITURES CW 2024 AFSCME Salary Review 5,210 NEW Y PW CRRSAA Airport Grant 13,855 CF Y PW Maintenance Dredging & Shoreline Mitigation 102,010 CF Y PW Airport Office Rehabilitation 2,035,794 CF Y PW Major Facility Maintenance 279,223 CF Y PW Surface Water System Rehabilitation 147,441 CF Y PW Pavement Management Program 210,239 CF Y PW Snow Removal Equipment 200,105 CF Y PW Taxiway Alpha Rehabilitation 3,015,322 CF Y PW Taxiway Alpha Rehabilitation 974,359 NEW N PW Airport Security Fence Upgrade 250,000 NEW N Total Expenditure Adjustment 2,896,132 7,233,558 10,129,689 Ending Fund Balance 13,210,724 (5,931,707)7,279,017 FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? SOLID WASTE UTILITY (Fund 403) Beginning Fund Balance 3,928,543 ‐ 3,928,543 REVENUES PW KC WR/R Grant (2023/2024) 194,334 CF Y PW LHWMP Grant (2023‐2024) 70,822 CF Y PW KCSWD RE+ Grant 100,000 CF Y PW WADOE LSWFA Grant 132,983 CF Y Total Revenue Adjustment 25,653,540 498,139 26,151,679 EXPENDITURES CW 2024 AFSCME Salary Review 14,954 NEW Y PW Solid Waste Utility Professional Services 32,126 CF N PW KC WR/R Grant (2023/2024) 123,392 CF Y PW LHWMP Grant (2023‐2024) 60,018 CF Y PW KCSWD RE+ Grant 100,000 CF Y PW WADOE LSWFA Grant 177,311 CF Y Total Expenditure Adjustment 26,537,762 507,801 27,045,563 Ending Fund Balance 3,044,321 (9,661)3,034,659 FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? GOLF COURSE SYSTEM & CAPITAL (Fund 4X4) Beginning Fund Balance 1,884,907 ‐ 1,884,907 REVENUES P&R Golf Transfer to Capital 275,000 NEW N P&R Golf Transfer to Capital (275,000)NEW N Total Revenue Adjustment 3,817,125 ‐ 3,817,125 EXPENDITURES CW 2024 AFSCME Salary Review 22,250 NEW Y P&R Equipment Purchase ‐ Tractor 35,488 CF Y P&R Driving Range Restoration Design 20,050 CF Y P&R Driving Range Funding 199,433 CF Y P&R Driving Range Renovation 275,000 NEW N Total Expenditure Adjustment 3,224,990 552,221 3,777,211 Ending Fund Balance 2,477,042 (552,221)1,924,821 FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? WATER OPERATIONS & CAPITAL (Fund 4X5) Beginning Fund Balance 52,071,464 ‐ 52,071,464 REVENUES PW Sunset Gardens Water System Impr 625,332 CF Y Total Revenue Adjustment 19,523,968 625,332 20,149,300 EXPENDITURES CW 2024 AFSCME Salary Review 74,835 NEW Y PW Laserfiche Scanning Project 21,494 CF Y PW Laserfiche Digital Transformation 20,000 CF Y PW Water System Plan Update 59,460 CF Y PW Steel/AC Watermain Replc Plan 4,918,837 CF Y PW Steel/AC Watermain Replc Plan 1,200,000 NEW N PW Reservoir Recoating 197,296 CF Y PW Downtown Water Main Replacement 359,363 CF Y PW Downtown Water Main Replacement 78,000 NEW N PW Water Pump Stations Rehab 1,235,587 CF Y PW Water Pump Stations Rehab 122,000 NEW N PW Reservoir Prv Meters 625,739 CF Y PW Highlands Water Main Improvement 1,766,628 CF Y PW Highlands Water Main Improvement 100,000 NEW N PW Emergency Power To Pump Station 762,221 CF Y 5/8 AGENDA ITEM #6. c) 2024 CF 1st Quarter Budget Amendment Detail 6/8 FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? PW WSDOT I‐405 Water Relocations 631,730 CF Y PW Highlands 435‐Reservoirs Replacement 20,637,303 CF Y PW Rainier Ave S Road & Utilities Imprvmnt 669,925 CF Y PW Minor Water Improvement Projects 200,000 CF Y PW Sunset Gardens Water System Impr 501,404 CF Y PW Transfer Out to Fund 426 2,058 NEW N Total Expenditure Adjustment 18,406,132 34,183,881 52,590,013 Ending Fund Balance 53,189,300 (33,558,549)19,630,751 FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? WASTEWATER OPERATIONS & CAPITAL (Fund 4X6) Beginning Fund Balance 26,162,847 ‐ 26,162,847 REVENUES PW Transfer in from Fund 425 2,058 NEW N Total Revenue Adjustment 12,482,929 2,058 12,484,987 EXPENDITURES CW 2024 AFSCME Salary Review 52,663 NEW Y PW Maintenance Push Camera 43,475 NEW N PW Laserfiche Scanning Project 21,494 CF Y PW Laserfiche Digital Transformation 20,000 CF Y PW Miscellaneous Sewer Projects 264,688 CF Y PW Wastewater Ops Master Plan Prof Services 123,577 CF Y PW WSDOT I‐405 Relocations Sal & Ben 99,841 CF Y PW Thunder Hill Int Repl/Rehab 1,518,209 CF Y PW Force Main Rehabilitation Replacement 2,095,310 CF Y PW Lift Station Rehabilitation 1,996,252 CF Y PW Kennydale Lakeline Sewer Upgrade 4,379,884 CF Y PW Sanitary Sewer Rehab/Replacement 2,610,377 CF Y PW Sanitary Sewer Rehab/Replacement 1,100,000 NEW N PW Rainier Ave Ph4 Sewer Facility 922,118 CF Y PW Burnett Ave S & Williams Ave S 499,810 CF Y Total Expenditure Adjustment 13,635,024 15,747,698 29,382,722 Ending Fund Balance 25,010,752 (15,745,640)9,265,113 FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? SURFACE WATER OPERATIONS & CAPITAL (Fund 4X7) Beginning Fund Balance 29,287,066 ‐ 29,287,066 REVENUES PW Surface Water Planning ‐ DOE Grant 13,894 CF Y PW KC WLRD Grant‐Cedar River Gravel Removal 2,347,403 CF Y PW Monroe Ave NE Infil Facility ‐ DOE Grant 12,140,179 CF Y PW Monroe Ave NE & N 2nd St ‐ KCFCD Grant 35,102 CF Y PW Cedar River Levee KCFCD CIP Grant 3,923,469 CF Y PW SE 172ND St/125th Ave N ‐ WADOE 2,975,000 CF Y PW Panther Creek Culv Talbot ‐ KCFCD Flood Reduction Grant 250,000 CF Y PW Panther Creek Culv Talbot ‐ 2023 KCFCD SROF Grant 199,696 CF Y PW Cedar River Flood Risk ‐ KCFCD Grant 316,451 CF Y PW Burnett Ave S/Williams Ave S‐KCFCD Subregional Oppportunity Fund allocation 194,950 NEW Y PW Burnett Ave S/Williams Ave S ‐ WADOE 907,606 CF Y PW SW 43rd St/Lind Ave Sw Strm Impr‐KCFCD Grant 250,000 NEW Y PW Springbrook Creek Restoration ‐ KCFCD Grant 150,000 NEW Y PW Springbrook Terrace Wtr Quality ‐ WADOE 206,550 CF Y Total Revenue Adjustment 13,733,338 23,910,298 37,643,637 EXPENDITURES CW 2024 AFSCME Salary Review 67,854 NEW Y PW Maintenance Push Camera 43,475 NEW N PW Laserfiche Scanning Project 21,494 CF Y PW Laserfiche Digital Transformation 20,000 CF Y PW Surface Water Planning ‐ NPDES Permit 108,500 NEW N PW Small Scale Stormwater Projects 229,823 CF Y PW Small Scale Stormwater Projects 650,000 NEW N PW Panther Cr Wl Mos Abt Pro 37,987 CF Y PW Sediment Basins Cleaning 185,989 CF Y PW Sediment Basins Cleaning 70,000 NEW N PW Cedar River Levee Oper & Mtc 29,354 CF Y PW Cedar River Gravel Removal Repairs & Mtc 2,200,515 CF Y PW Hardie Ave S Underpass Storm System Impr 650,070 CF Y PW Monroe Ave NE Infil Facility 13,028,768 CF Y PW Stormwater Facility Fencing Project 171,063 CF Y PW Cedar River 205 Levee Recertification 3,850,689 CF Y PW SE 172Nd St/125th Ave N Storm Sys Improv 2,806,041 CF Y PW Rainier Ave/Oaksdale Ave Pump Station Up 399,012 CF Y PW NE 16th/Jefferson Ave NE Stormwater 23,870 CF Y PW Downtown Storm System Improvement Projec 356,199 CF Y PW Panther Creek Culvert Replacement at Talbot Rd 464,564 CF Y PW Cedar River Flood Risk Reduction 340,042 CF Y PW Burnett Ave S/Williams Ave S Water Qlty 2,890,784 CF Y PW Burnett Ave S/Williams Ave S‐KCFCD Subregional Oppportunity Fund allocation 194,950 NEW Y PW Burnett Ave S/Williams Ave S Water Qlty 780,000 NEW N PW SW 23rd St Drainage And Fish Passage Imp 90,646 CF Y PW East Valley Road Storm System Improv 240,809 CF Y PW East Valley Road Storm System Improv 108,349 NEW N PW Ginger Creek Honey Creek Basin Plans 560,805 CF Y PW SW 43rd St/Lind Ave Sw Storm Syst Improv 556,182 CF Y PW SW 43rd St/Lind Ave Sw Strm Impr‐KCFCD Grant 250,000 NEW Y PW Rolling Hills Creek at 405 Sys Improv 414,729 CF Y PW Rolling Hills Creek at 405 Sys Improv 200,000 NEW N PW Windsor Hills Storm System Improvement 2,375,597 CF Y PW Windsor Hills Storm System Improvement 1,500,000 NEW N PW Springbrook Creek Restoration 195,500 CF Y PW Springbrook Creek Restoration ‐ KCFCD Grant 150,000 NEW Y PW Springbrook Terrace Wtr Quality Retrofit 356,550 CF Y PW Transfer out to Fund 501 ‐ E012 Vehicle Replacement 201,590 NEW N Total Expenditure Adjustment 17,281,532 36,821,800 54,103,333 Ending Fund Balance 25,738,873 (12,911,502)12,827,371 6/8 AGENDA ITEM #6. c) 2024 CF 1st Quarter Budget Amendment Detail 7/8 FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? KING COUNTY METRO (Fund 416) Beginning Fund Balance 6,589,443 ‐ 6,589,443 REVENUES Total Revenue Adjustment 21,791,462 ‐ 21,791,462 EXPENDITURES Total Expenditure Adjustment 21,791,462 ‐ 21,791,462 Ending Fund Balance 6,589,443 ‐ 6,589,443 FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? EQUIPMENT RENTAL (Fund 501) Beginning Fund Balance 18,278,075 ‐ 18,278,075 REVENUES PW Transfer from Fund 503 ‐ B125 Vehicle Replacement 40,888 NEW N PW Transfer from Fund GF ‐ Cement Pouring Truck 150,000 NEW N PW Transfer from Fund 407 ‐ E012 Vehicle Replacement 201,590 NEW N Total Revenue Adjustment 6,582,343 392,478 6,974,821 EXPENDITURES CW 2024 AFSCME Salary Review 19,520 NEW Y PW Vehicle Replacement Equipment List 1,792,120 NEW N PW Vehicle Replacement Equipment List 4,922,991 CF Y Total Expenditure Adjustment 5,123,206 6,734,631 11,857,837 Ending Fund Balance 19,737,212 (6,342,153)13,395,059 FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? INSURANCE (Fund 502) Beginning Fund Balance 24,691,220 ‐ 24,691,220 REVENUES Total Revenue Adjustment 5,160,048 ‐ 5,160,048 EXPENDITURES HRRM Legal Defense Contract CAG‐23‐266 142,753 CF Y HRRM Lind Ave Bridge Repair 127,596 CF Y HRRM Vehicle Repairs/Replacement 100,000 NEW N HRRM Insurance Premium Increase 557,384 NEW N Total Expenditure Adjustment 6,961,459 927,733 7,889,192 Ending Fund Balance 22,889,809 (927,733)21,962,076 FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? INFORMATION SERVICES (Fund 503) Beginning Fund Balance 9,416,600 ‐ 9,416,600 REVENUES ESD State and Local Cybersecurity Grant Program 105,000 NEW Y Total Revenue Adjustment 9,440,740 105,000 9,545,740 EXPENDITURES ESD Service Contracts ‐ Transfer to IT 114,150 NEW N ESD State and Local Cybersecurity Grant Program 105,000 NEW Y ESD IT Capital Improvement Projects 4,725,592 CF Y ESD Remote Work IT equipment funding 101,076 CF Y ESD Disaster Recovery and Business Continuity Contract 60,000 CF Y ESD Citywide Technology Training 21,324 CF Y ESD IT Service Contracts 562,761 NEW N ESD IT Capital Improvement Project ‐ DR & Business Continuity 22,000 NEW N Total Expenditure Adjustment 9,054,169 5,711,903 14,766,071 Ending Fund Balance 9,803,171 (5,606,903)4,196,269 FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? FACILITIES (Fund 504) Beginning Fund Balance 1,046,533 ‐ 1,046,533 REVENUES ESD Organizational Development Tables 4,393 NEW N Total Revenue Adjustment 7,176,846 4,393 7,181,239 EXPENDITURES CW 2024 AFSCME Salary Review 14,921 NEW Y ESD Organizational Development Tables 4,393 NEW N PW City Wide Security System Upgrades 139,934 CF Y Total Expenditure Adjustment 7,070,397 159,249 7,229,646 Ending Fund Balance 1,152,982 (154,855)998,126 FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? COMMUNICATIONS (Fund 505) Beginning Fund Balance 641,437 ‐ 641,437 REVENUES Total Revenue Adjustment 1,664,767 ‐ 1,664,767 EXPENDITURES CW 2024 AFSCME Salary Review 10,319 NEW Y ESD Move COLA adj to Communications 541 NEW Y Total Expenditure Adjustment 1,811,600 10,860 1,822,460 Ending Fund Balance 494,604 (10,860)483,744 FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? HEALTHCARE INSURANCE (Fund 512) Beginning Fund Balance 8,946,970 ‐ 8,946,970 REVENUES Total Revenue Adjustment 17,362,018 ‐ 17,362,018 7/8 AGENDA ITEM #6. c) 2024 CF 1st Quarter Budget Amendment Detail 8/8 FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? EXPENDITURES Total Expenditure Adjustment 16,402,893 ‐ 16,402,893 Ending Fund Balance 9,906,095 ‐ 9,906,095 FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? LEOFF1 RETIREES HEALTHCARE (Fund 522) Beginning Fund Balance 20,320,818 ‐ 20,320,818 REVENUES HRRM Fire Insurance Premium Tax 180,000 NEW N HRRM LEOFF Retiree Benefit Contribution (180,000)NEW N Total Revenue Adjustment 960,000 ‐ 960,000 EXPENDITURES Total Expenditure Adjustment 1,478,887 ‐ 1,478,887 Ending Fund Balance 19,801,931 ‐ 19,801,931 FUND Adopted 2024 Adjustment Amended CF or NEW Prior Council Approval? FIREMENS PENSION (Fund 611) Beginning Fund Balance 9,253,302 ‐ 9,253,302 REVENUES CW Fire Insurance Premium Tax (180,000)NEW N Total Revenue Adjustment 380,000 (180,000)200,000 EXPENDITURES Total Expenditure Adjustment 244,475 ‐ 244,475 Ending Fund Balance 9,388,827 (180,000)9,208,827 8/8 AGENDA ITEM #6. c) Dept AssignedEquipment Number Make Model Description Original Cost Year Purchased Life2024Carry ForwardBudget2024Q1 Adjustment2024Existing Budget2024Total AdustedBudgetFACILITIES C204 CHEV SONOMA CHEVROLET EXT CAB PU 16,760 2001 10‐ 15,000 35,000 50,000 FACILITIES C211 GMCX SONOMA SONOMA EXT CAB 15,212 2002 10‐ 15,000 35,000 50,000 FACILITIES C219 CHEV VAN VAN 3500 W/CABINETS 19,221 2002 10‐ 15,000 35,000 50,000 FACILITIES C223 FORD RANGER 2003 FORD RANGER 16,762 2003 10 35,000 10,500 ‐ 45,500 PARK P082 WOOD NONE WOODS ROTARY MOWER 6,120 1995 10 20,000 6,000 ‐ 26,000 PARK P091 JNDR 5300 5300 2WD TRACTOR 14,183 1997 10 35,000 10,500 ‐ 45,500 PARK P100 JNDR 5310 JOHN DEERE 2 WHL DR TRACTOR 18,305 1998 10‐ 12,000 40,000 52,000 PARK P109 TORO 7200 TORO WORKMAN SPRAYER 20,526 1999 10‐ 12,000 40,000 52,000 PARK P128 JNDR 4250M JOHN DEERE WALK BEHIND MOWER 5,075 2004 10‐ 6,000 20,000 26,000 PARK ADMIN C214 GMCX SONOMA GMC SONOMA 14,348 2002 10‐ 10,500 35,000 45,500 POLICE C242A CHEV SILVERADO 2008 CHEVROLET SILVERADO PU 26,351 2008 10‐ 13,500 45,000 58,500 POLICE B123 FORD ESCAPE 2008 FORD ESCAPE 16,449 2008 8 85,000 ‐ ‐ 85,000 POLICE B143 CHEV TAHOE 2008 CHEVROLET TAHOE 42,385 2008 8 85,000 ‐ ‐ 85,000 POLICE B158 CHEV TAHOE 2011 CHEVROLET TAHOE 4X4 31,096 2011 8 85,000 ‐ ‐ 85,000 POLICE B159 CHEV TAHOE 2011 CHEVROLET 4X4 TAHOE 31,096 2011 8 85,000 ‐ ‐ 85,000 POLICE B160 CHEV TAHOE 2011 CHEVROLET 4X2 TAHOE 27,470 2011 8 85,000 ‐ ‐ 85,000 POLICE B161 CHEV TAHOE 2011 CHEVROLET TAHOE 27,562 2011 8 85,000 ‐ ‐ 85,000 POLICE B162 CHEV TAHOE 2011 CHEVROLET TAHOE 27,469 2011 8 85,000 ‐ ‐ 85,000 POLICE B163 FORD ESCAPE 2011 FORD ESCAPE 4X4 22,079 2011 8 85,000 ‐ ‐ 85,000 POLICE A481 CHEV IMPALA 2011 CHEVROLET IMPALA 19,217 2011 8 85,000 ‐ ‐ 85,000 POLICE B172 CHEV TAHOE CHEVROLET TAHOE 30,186 2013 8 85,000 ‐ ‐ 85,000 POLICE B174 CHEV TAHOE CHEVROLET TAHOE 30,213 2013 8 85,000 ‐ ‐ 85,000 POLICE B175 CHEV TAHOE CHEVROLET TAHOE 20,214 2013 8 85,000 ‐ ‐ 85,000 POLICE B176 CHEV TAHOE CHEVROLET TAHOE K9 30,214 2013 8 100,000 ‐ ‐ 100,000 POLICE B177 CHEV TAHOE CHEVROLET TAHOE 30,186 2013 8 85,000 ‐ ‐ 85,000 POLICE B178 CHEV TAHOE CHEVROLET TAHOE‐ 2013 8 85,000 ‐ ‐ 85,000 POLICE B179 CHEV TAHOE CHEVROLET TAHOE 30,186 2013 8 85,000 ‐ ‐ 85,000 POLICE B180 CHEV TAHOE CHEVROLET TAHOE 30,186 2013 8 85,000 ‐ ‐ 85,000 POLICE B181 CHEV TAHOE CHEVROLET TAHOE 30,186 2013 8 85,000 ‐ ‐ 85,000 POLICE B222 CHEV TAHOE CHEVROLET TAHOE 29,949 2016 8‐ ‐ 85,000 85,000 POLICE B223 CHEV TAHOE CHEVROLET TAHOE 29,949 2016 8‐ ‐ 85,000 85,000 POLICE B224 CHEV TAHOE CHEVROLET TAHOE 29,948 2016 8‐ ‐ 85,000 85,000 POLICE B225 CHEV TAHOE CHEVROLET TAHOE 29,949 2016 8‐ ‐ 85,000 85,000 POLICE B226 CHEV TAHOE CHEVROLET TAHOE 30,997 2016 8‐ ‐ 85,000 85,000 POLICE B193 FORD POLICE UTILITY 2015 FORD POLICE UTILITY 33,763 2015 8‐ ‐ 85,000 85,000 POLICE B194 FORD POLICE UTILITY 2015 FORD POLICE UTILITY 33,763 2015 8‐ ‐ 85,000 85,000 POLICE B201 CHEV TAHOE CHEVROLET TAHOE 32,959 2015 8‐ ‐ 85,000 85,000 POLICE B205 CHEV TAHOE CHEVROLET TAHOE 32,959 2015 8‐ ‐ 85,000 85,000 POLICE B206 CHEV TAHOE CHEVROLET TAHOE 32,959 2015 8‐ ‐ 85,000 85,000 POLICE B207 CHEV TAHOE CHEVROLET TAHOE ‐ K9 32,959 2015 8‐ ‐ 100,000 100,000 POLICE B208 CHEV TAHOE CHEVROLET TAHOE 32,959 2015 8‐ ‐ 85,000 85,000 POLICE B209 CHEV TAHOE CHEVROLET TAHOE 32,959 2015 8‐ ‐ 85,000 85,000 POLICE B210 CHEV TAHOE CHEVROLET TAHOE ‐ SRO 32,959 2015 8‐ ‐ 85,000 85,000 STREETS S177 BEAN SPRAYER JOHN BEAN SPRAYER 9,199 2000 10‐ ‐ 20,000 20,000 STREETS E103 CASE 580SL 4WD STD CAB 77,193 2000 15 150,000 45,000 ‐ 195,000 STREETS D102 FRLN FLD120SD FREIGHTLINER 12 YD DUMP FLD120SD 127,965 2001 15 340,000 ‐ ‐ 340,000 STREETS D104 DMCH RAM 3500 DODGE FLATBED W/HOIST 29,372 2001 10 75,000 22,500 ‐ 97,500 STREETS D105 FRLN FL80 5/6 YD DUMP FL80 96,441 2002 15‐ ‐ 250,000 250,000 STREETS S183 CRAF 200 PAVEMENT CUTTER 8,308 2001 10‐ 10,000 20,000 30,000 SURFACE WATER S161 SULL D185QV TRL MTD AIR COMPRESSOR 10,601 1996 10 23,000 6,900 ‐ 29,900 WATER D116 INTE 7600 2008 INTERNATIONAL 12 YD DUMP 104,557 2008 15 340,000 ‐ ‐ 340,000 CS ADMIN B088 GMCX SAFARI VAN PASS 20,672 1999 8 35,000 10,500 ‐ 45,500 CS ADMIN B089 GMCX SAFARI VAN PASS 20,338 1999 8 35,000 10,500 ‐ 45,500 CS ADMIN B120 FORD SUPREME 14 PASS BUS WITH LIFT 50,054 2006 8 70,000 21,000 ‐ 91,000 CS ADMIN B121 FORD SUPREME 14 PASS BUS WITH LIFT 50,054 2006 8 70,000 21,000 ‐ 91,000 CS PARKS C213 Dodge 3500 FLATBED DUMP 24,183 2002 15 50,000 15,000 ‐ 65,000 CS PARKS C247 FORD F250 PICKUP 3/4 TON 21,538 2008 10 32,000 25,000 ‐ 57,000 CS PARKS C250 FORD F250 PICKUP 3/4 TON 21,538 2008 10 32,000 25,000 ‐ 57,000 CS PARKS D106 FORD F450 BUCKET TRUCK 70,142 2001 15 170,000 85,000 ‐ 255,000 Fund 501‐ Equipment Rental Fund2023‐2024 Vehicle Acquisitions/ReplacementsPage 1 of 2AGENDA ITEM #6. c) Dept AssignedEquipment Number Make Model Description Original Cost Year Purchased Life2024Carry ForwardBudget2024Q1 Adjustment2024Existing Budget2024Total AdustedBudgetFund 501‐ Equipment Rental Fund2023‐2024 Vehicle Acquisitions/ReplacementsCS PARKS D107 CHEV 3500 DUMP STAKEBED DUMP 31,536 2003 10‐ 31,200 ‐ 31,200 CS PARKS D118 FORD F350 DUMP 1 TON 34,873 2008 10 45,000 13,500 ‐ 58,500 CS PARKS D119 FORD F350 DUMP 1 TON 30,236 2008 10 45,000 13,500 ‐ 58,500 PW WATER MAINT E096 HYST H80XL FORKLIFT 27,476 1997 15 15,853 4,756 ‐ 20,609 CS PARKS P009 LNCN WELDER ARC WELDER 1,600 1995 10 5,500 1,650 ‐ 7,150 CS PARKS P015 HWRD ROTO TILLER ROTO TILLER 2,649 1995 15 16,000 4,800 ‐ 20,800 CS PARKS P079 SPLT SPRAY TANK SPRAY TANK 1,088 1995 8 3,500 1,050 ‐ 4,550 CS PARKS P084 SPLT SPRAY TANK SPRAY TANK 1,039 1995 8 3,500 1,050 ‐ 4,550 CS PARKS P112 FRYS TRAILER TRAILER 3,547 2000 15 10,000 3,000 ‐ 13,000 CS PARKS P117 BROY 5054X2 ROTO TILLER 5,731 1999 10 10,000 3,000 ‐ 13,000 CS PARKS P118 BROY 5054X2 ROTO TILLER 2,394 1999 10 10,000 3,000 ‐ 13,000 CS PARKS P119 BROY 5054X2 ROTO TILLER 6,172 1999 10 10,000 3,000 ‐ 13,000 CS PARKS P122 JNDR LOADER TILLER TRACTOR 27,047 2002 10 35,000 10,500 ‐ 45,500 CS PARKS P125 TORO SANDPRO ROTARY MOWER 13,577 2003 5 30,000 9,000 ‐ 39,000 CS PARKS P127 FRYS TRAILER ARC WELDER 3,152 2003 15 7,000 2,100 ‐ 9,100 CS PARKS P130 JNDR PROGATOR PRO GATOR 16,439 2004 10 20,000 6,000 ‐ 26,000 POLICE ADMIN B145A FORD ESCAPE GAS/ELECT HYBRID 27,513 2008 8 7,463 2,239 ‐ 9,702 POLICE ANIMAL CONTROL C260 FORD F250 PICKUP 28,164 2012 8‐ 48,303 ‐ 48,303 POLICE INVESTIGATIONS C251 FORD F250 PICKUP 3/4 TON 25,741 2008 10 70,000 10,000 ‐ 80,000 PW AIRPORT C234 FORD F150 PICKUP 1/2 TON 18,165 2007 8 35,000 10,500 ‐ 45,500 PW STREET MAINT D096 FREIGHT FLD120SD DUMPTRUCK 10YD 128,206 2001 15 340,000 ‐ ‐ 340,000 PW STREET MAINT D123 FORD F550 FLATBED 1 TON 42,675 2008 10‐ 24,139 ‐ 24,139 PW STREET MAINT E109 INGERSOL DD34HF VIBRATOR 46,761 2005 10 112,000 33,600 ‐ 145,600 PW STREET MAINT S208 MNRO MSPV‐96‐50‐32 SANDER/SPREADER 8,367 2008 10 20,000 6,000 ‐ 26,000 PW STREET MAINT S209A AMER 3911 SNOW PLOW 8,767 2008 10 15,000 4,500 ‐ 19,500 PW STREET MAINT S210A AMER 3911 SNOW PLOW 8,767 2008 10 15,000 4,500 ‐ 19,500 PW SURFACE WATER MAINT C217 FORD F250 PICKUP 24,946 2002 8 9,189 2,757 ‐ 11,945 PW WATER MAINT D114 FORD F550 SERVICE BODY CRANE 29,372 0 10 51,051 15,315 ‐ 66,367 PW SURFACE WATER MAINT D101 FORD F450 FLATBED 30,307 2000 15 61,528 18,458 ‐ 79,987 PW SURFACE WATER MAINT D120A FORD F550 DUMP 1 TON 42,152 2008 10 4,678 1,403 ‐ 6,081 PW SURFACE WATER MAINT S125 BEAN SPRAYER SPRAYER 1,000 1985 5 5,500 1,650 ‐ 7,150 PW TRANS SYSTEM MAINT C248 FORD F250 PICKUP 24,930 2008 10‐ 1,193 ‐ 1,193 PW TRANS SYSTEM MAINT S057 UTIL POLE TRL TRAILER STAKE 370 1968 15 25,000 7,500 ‐ 32,500 PW STREET MAINT NEW FORD F550 TRUCK 1 TON‐ 0 15 55,812 ‐ ‐ 55,812 PW WATER MAINT B097 WORK GRUMMAN STEP VAN 33,727 2001 8 60,000 18,000 ‐ 78,000 PW WATER MAINT B141 DMCH SPRINTER STEP VAN 43,377 2008 10 55,527 16,658 ‐ 72,185 PW WATER MAINT B142 DMCH SPRINTER STEP VAN 43,377 2008 10 55,527 16,658 ‐ 72,185 PW WATER MAINT C254 CHEV SILVERADO PICKUP 1/2 TON 24,682 2008 10 32,364 9,709 ‐ 42,073 PW WATER MAINT D100 FORD F550 STAKEBED DUMP 39,428 2000 10‐ 25,000 ‐ 25,000 PW WATER MAINT E123 CASE 580SM BACKHOE 96,714 2008 10 154,000 46,200 ‐ 200,200 PW WATER MAINT S191 DEERE 345 ROTARY MOWER 6,892 2002 5 30,000 9,000 ‐ 39,000 PW WATER MAINT S218 DEERE X720 MOWER 9,652 2011 5 20,000 6,000 ‐ 26,000 CS PARKS NEW TBD TBD 4X4 TRUCK‐ TBD TBD 75,000 ‐ ‐ 75,000 CS PARKS NEW TBD TBD 4X4 TRUCK‐ TBD TBD 75,000 ‐ ‐ 75,000 CS PARKS NEW TBD TBD FLATBED TRUCK‐ TBD TBD 90,000 ‐ ‐ 90,000 PW SOLID WASTE MAINT NEW TBD TBD 1 TON SLW FLATBED DUMP TRUCK‐ TBD TBD 80,000 10,000 ‐ 90,000 CS PARKS NEW TBD TBD 4X4 TRUCK‐ TBD TBD‐ ‐ 75,000 75,000 CS PARKS NEW TBD TBD 4X4 TRUCK‐ TBD TBD‐ ‐ 75,000 75,000 CS PARKS C268 CHEV COLARADO PU COMPACT 28,698 2015 8 45,000 13,500 ‐ 58,500 IT B125 DMCH COMMANDER UTIL VEH COMP 23,893 2007 8‐ 70,000 ‐ 70,000 SURFACE WATER MAINT E012 KNWH T800 VACTOR 418,726 2013 5‐ 674,831 ‐ 674,831 PW STREET MAINT NEW TBD TBD CEMENT POURING TRUCK‐ TBD TBD‐ 150,000 ‐ 150,000 Total:4,922,991$ 1,792,120$ 1,930,000$ 8,645,111$ Page 2 of 2AGENDA ITEM #6. c) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE CITY OF RENTON FISCAL YEARS 2023/2024 BIENNIAL BUDGET AS ADOPTED BY ORDINANCE NO. 6088 AND AMENDED BY ORDINANCE NOS. 6110, 6114 AND 6124, BY INCREASING BUDGETED REVENUES AND EXPENDITURES BY $76,945,749 AND $195,227,693 RESPECTIVELY; AUTHORIZING PAY CHANGES TO COMPLY WITH INITIATIVE 23-02; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on November 14, 2022, the City Council adopted Ordinance No. 6088 adopting the City of Renton’s 2023/2024 Biennial Budget; and WHEREAS, on May 1, 2023, the City Council adopted Ordinance No. 6110 adopting an amended 2023 City of Renton Salary Table and carrying forward funds appropriated in 2022, but not expended in 2022 due to capital project interruptions and delays in invoice payments, which needed to be carried forward and appropriated for expenditure in 2023 requiring an adjustment to the 2023/2024 Biennial Budget; and WHEREAS, on July 17, 2023, the City Council adopted Ordinance No. 6114 making minor corrections and recognizing grants, contributions and associated costs, and new cost items not previously included in the budget, which required additional adjustments to the 2023/2024 Biennial budget; and WHEREAS, on December 4, 2023, the City Council adopted Ordinance No. 6124 providing a mid-biennial review pursuant to Chapter 35A.34 RCW, and adopting an amended 2024 City of Renton Salary Table; and AGENDA ITEM #6. c) ORDINANCE NO. ________ 2 WHEREAS, funds appropriated in 2023 but not expended in 2023 due to capital project interruptions and delays in invoice payment, need to be carried forward and appropriated for expenditure in 2024 requiring an adjustment to the 2023/2024 Biennial Budget; and WHEREAS, minor corrections and the recognition of grants, contributions and associated costs, and new cost items not previously included in the budget require additional adjustments to the 2023/2024 Biennial Budget; and WHEREAS, in February 2024, the voters of Renton passed the citizen-led Initiative 23-02, an ordinance that impacts wage requirements for certain employers and requires offering qualified part time employees additional hours prior to hiring additional employees or contractors; and WHEREAS, the City Council desires to convert one existing Limited Term Full Time Public Records Analyst to a Regular Full Time Records Analyst. The conversion does not change the total number of authorized 2023/2024 positions; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The City of Renton’s 2023/2024 Biennial Budget, originally adopted by Ordinance No. 6088 and amended by Ordinance Nos. 6110, 6114 and 6124 is hereby amended to increase revenue by $76,945,749 for an amended total revenue of $792,361,545 over the biennium and increase expenditures by $195,227,693 for total amended expenditures of $1,018,782,091 over the biennium. SECTION II. The City Council hereby adopts the amended 2023/2024 Biennial Budget. The 2024 Carry Forward/1st Quarter Budget Adjustment Summary by Fund is attached as Exhibit AGENDA ITEM #6. c) ORDINANCE NO. ________ 3 A and the 2023 Adjusted Budget Summary by Fund is attached as Exhibit B. Detailed lists of adjustments are available for public review in the Office of the City Clerk, Renton City Hall. SECTION III. Effective July 1, 2024, no employee shall be paid less than the new Renton minimum wage established by Initiative 23-02. The Mayor, or designee, is authorized to reassign supplemental employees to new pay grades and steps as deemed necessary to comply with Initiative 23-02 and ease administrative burdens created by the new requirements of offering part time employees additional hours. SECTION IV. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. SECTION V. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BY THE CITY COUNCIL the _______ day of ___________________, 2024. __________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2024. __________________________ Armondo Pavone, Mayor AGENDA ITEM #6. c) ORDINANCE NO. ________ 4 Approved as to form: ______________________________ Shane Moloney, City Attorney Date of Publication: ___________ ORD-Fin:24ORD004:04/05/2024 AGENDA ITEM #6. c) ORDINANCE NO. ________ 5 EXHIBIT A 2024 CARRY FORWARD/1ST QUARTER BUDGET ADJUSTMENT SUMMARY BY FUND BEGINNING FUND BALANCE REVENUES EXPENDITURES ENDING FUND BALANCE Fund 2024 Beg Fund Bal Changes 2024 Adj. Fund Bal 2024 Budgeted Revenue Changes 2024 Adjusted Revenue 2024 Budgeted Expenditure Changes 2024 Adjusted Expenditure Ending Fund Balance Reserved/ Designated Available Fund Balance 0XX GENERAL FUND 81,568,213 17,658,262 99,226,475 132,287,834 4,129,016 136,416,850 133,220,900 13,968,962 147,189,862 88,453,463 (20,162,783) 68,290,680 110 SPECIAL HOTEL-MOTEL TAX 713,768 175,504 889,272 434,000 35,000 469,000 - 465,000 465,000 893,272 893,272 127 CABLE COMMUNICATIONS DEVELOPMENT 255,235 103,065 358,300 57,674 - 57,674 97,674 - 97,674 318,300 318,300 130 HOUSING AND SUPPORTIVE SERVICES 9,850,390 961,457 10,811,847 3,500,000 - 3,500,000 - 309,000 309,000 14,002,847 14,002,847 135 SPRINGBROOK WETLANDS BANK 677,006 34,112 711,118 4,011 - 4,011 40,000 - 40,000 675,130 675,130 140 POLICE SEIZURE - 731,928 731,928 - - - - 731,928 731,928 (0) (0) 141 POLICE CSAM SEIZURE - 169,577 169,577 - - - - 169,577 169,577 - - 215 GENERAL GOVERNMENT MISC DEBT SVC 5,591,997 (179,823) 5,412,174 3,153,417 - 3,153,417 2,960,690 - 2,960,690 5,604,901 (2,717,575) 2,887,326 303 COMMUNITY SERVICES IMPACT MITIGATION 637,561 43,771 681,333 86,500 - 86,500 450,000 - 450,000 317,833 317,833 304 FIRE IMPACT MITIGATION - - - 200,000 - 200,000 200,000 - 200,000 - - - 305 TRANSPORTATION IMPACT MITIGATION 1,807,349 412,921 2,220,270 511,152 - 511,152 100,000 - 100,000 2,631,422 2,631,422 308 REET 1 1,430,868 334,286 1,765,153 2,300,000 - 2,300,000 - - - 4,065,153 4,065,153 309 REET 2 2,795,462 350,042 3,145,503 2,300,000 - 2,300,000 4,183,425 - 4,183,425 1,262,078 1,262,078 31X SCHOOL DISTRICT IMPACT MITIGATION - 34 34 600,000 - 600,000 600,000 - 600,000 34 - 34 316 MUNICIPAL FACILITIES CIP 2,287,240 19,692,780 21,980,020 1,892,698 15,502,415 17,395,113 1,892,698 28,939,090 30,831,788 8,543,344 8,543,344 317 CAPITAL IMPROVEMENT 1,374,231 13,907,886 15,282,117 3,118,800 30,619,768 33,738,567 2,945,000 42,052,803 44,997,803 4,022,881 4,022,881 346 NEW FAMILY FIRST CENTER DEVELOPMENT 4,148,141 (504,705) 3,643,436 - - - - - - 3,643,436 3,643,436 402 AIRPORT OPERATIONS & CIP 4,623,150 6,653,686 11,276,837 4,830,019 1,301,851 6,131,870 2,896,132 7,233,558 10,129,689 7,279,017 (266,520) 7,012,497 403 SOLID WASTE UTILITY 3,575,947 352,596 3,928,543 25,653,540 498,139 26,151,679 26,537,762 507,801 27,045,563 3,034,659 (400,000) 2,634,659 404 GOLF COURSE SYSTEM & CAPITAL 1,525,778 359,130 1,884,907 3,817,125 - 3,817,125 3,224,990 552,221 3,777,211 1,924,821 (764,018) 1,160,803 405 WATER OPERATIONS & CAPITAL 17,881,109 34,190,355 52,071,464 19,523,968 625,332 20,149,300 18,406,132 34,183,881 52,590,013 19,630,751 (3,154,746) 16,476,005 406 WASTEWATER OPERATIONS & CAPITAL 10,139,338 16,023,509 26,162,847 12,482,929 2,058 12,484,987 13,635,024 15,747,698 29,382,722 9,265,113 (1,706,422) 7,558,690 407 SURFACE WATER OPERATIONS & CAPITAL 14,872,740 14,414,326 29,287,066 13,733,338 23,910,298 37,643,637 17,281,532 36,821,800 54,103,333 12,827,371 (2,069,581) 10,757,789 416 KING COUNTY METRO 6,366,497 222,946 6,589,443 21,791,462 - 21,791,462 21,791,462 - 21,791,462 6,589,443 (380,000) 6,209,443 501 EQUIPMENT RENTAL 12,911,835 5,366,240 18,278,075 6,582,343 392,478 6,974,821 5,123,206 6,734,631 11,857,837 13,395,059 (13,395,059) - 502 INSURANCE 22,379,715 2,311,505 24,691,220 5,160,048 - 5,160,048 6,961,459 927,733 7,889,192 21,962,076 (19,462,783) 2,499,292 503 INFORMATION SERVICES 4,178,800 5,237,800 9,416,600 9,440,740 105,000 9,545,740 9,054,169 5,711,903 14,766,071 4,196,269 (2,551,999) 1,644,270 504 FACILITIES 815,839 230,693 1,046,533 7,176,846 4,393 7,181,239 7,070,397 159,249 7,229,646 998,126 998,126 505 COMMUNICATIONS 290,675 350,761 641,437 1,664,767 - 1,664,767 1,811,600 10,860 1,822,460 483,744 483,744 512 HEALTHCARE INSURANCE 8,053,699 893,271 8,946,970 17,362,018 - 17,362,018 16,402,893 - 16,402,893 9,906,095 (4,920,868) 4,985,227 522 LEOFF1 RETIREES HEALTHCARE 19,899,458 421,360 20,320,818 960,000 - 960,000 1,478,887 - 1,478,887 19,801,931 (19,801,931) - 611 FIREMENS PENSION 8,890,882 362,420 9,253,302 380,000 (180,000) 200,000 244,475 - 244,475 9,208,827 (9,208,827) - Total Other Funds 167,974,709 123,623,432 291,598,142 168,717,396 72,816,733 241,534,129 165,389,607 181,258,731 346,648,338 186,483,932 (80,800,331) 105,683,601 TOTAL ALL FUNDS 249,542,922 141,281,695 390,824,617 301,005,230 76,945,749 377,950,978 298,610,507 195,227,693 493,838,200 274,937,395 (100,963,114) 173,974,281 2 year total 715,415,797 76,945,749 792,361,545 823,554,398 195,227,693 1,018,782,091 274,937,395 (100,963,114) 173,974,281 CARRY FORWARD 60,857,635 CARRY FORWARD 162,986,527 NEW 16,088,114 NEW 32,241,166 AGENDA ITEM #6. c) ORDINANCE NO. ________ 6 EXHIBIT B 2023 ADJUSTED BUDGET ADJUSTMENT SUMMARY BY FUND BEGINNING FUND BALANCE REVENUES EXPENDITURES ENDING FUND BALANCE Fund 2023 Beg Fund Bal Changes 2023 Adj Fund Bal 2023 Budgeted Revenue Changes 2023 Adjusted Revenue 2023 Budgeted Expenditure Changes 2023 Adjusted Expenditure Ending Fund Balance Reserved/ Designated Available Fund Balance 0XX GENERAL FUND 83,605,978 - 83,605,978 142,519,850 - 142,519,850 144,557,615 - 144,557,615 81,568,213 (19,846,914) 61,721,299 110 SPECIAL HOTEL-MOTEL TAX 712,384 - 712,384 481,000 - 481,000 479,616 - 479,616 713,768 713,768 127 CABLE COMMUNICATIONS DEVELOPMENT 453,147 - 453,147 57,674 - 57,674 255,586 - 255,586 255,235 255,235 130 HOUSING AND SUPPORTIVE SERVICES 6,110,390 - 6,110,390 4,000,000 - 4,000,000 260,000 - 260,000 9,850,390 9,850,390 135 SPRINGBROOK WETLANDS BANK 454,628 - 454,628 262,378 - 262,378 40,000 - 40,000 677,006 677,006 140 POLICE SEIZURE 339,814 - 339,814 106,159 - 106,159 445,973 - 445,973 - - 141 POLICE CSAM SEIZURE 172,804 - 172,804 - - - 172,804 - 172,804 - - 215 GENERAL GOVERNMENT MISC DEBT SVC 5,262,665 - 5,262,665 5,895,022 - 5,895,022 5,565,690 - 5,565,690 5,591,997 (2,717,575) 2,874,422 303 COMMUNITY SERVICES IMPACT MITIGATION 1,595,389 - 1,595,389 132,172 - 132,172 1,090,000 - 1,090,000 637,561 637,561 304 FIRE IMPACT MITIGATION 2,724,187 - 2,724,187 231,000 - 231,000 2,955,187 - 2,955,187 - - - 305 TRANSPORTATION IMPACT MITIGATION 6,964,011 - 6,964,011 661,235 - 661,235 5,817,897 - 5,817,897 1,807,349 1,807,349 308 REET1 3,049,711 - 3,049,711 2,096,157 - 2,096,157 3,715,000 - 3,715,000 1,430,868 1,430,868 309 REET2 6,019,961 - 6,019,961 2,179,126 - 2,179,126 5,403,625 - 5,403,625 2,795,462 2,795,462 31X SCHOOL DISTRICT IMPACT MITIGATION - - - 600,000 - 600,000 600,000 - 600,000 - - - 316 MUNICIPAL FACILITIES CIP 24,671,384 - 24,671,384 18,829,719 - 18,829,719 41,213,863 - 41,213,863 2,287,240 2,287,240 317 CAPITAL IMPROVEMENT 12,561,975 - 12,561,975 45,791,289 - 45,791,289 56,979,034 - 56,979,034 1,374,231 1,374,231 346 NEW FAMILY FIRST CENTER DEVELOPMENT 2,795,295 - 2,795,295 5,186,673 - 5,186,673 3,833,827 - 3,833,827 4,148,141 4,148,141 402 AIRPORT OPERATIONS & CIP 8,925,690 - 8,925,690 7,285,694 - 7,285,694 11,588,233 - 11,588,233 4,623,150 (282,282) 4,340,868 403 SOLID WASTE UTILITY 3,951,191 - 3,951,191 25,908,805 - 25,908,805 26,284,049 - 26,284,049 3,575,947 (400,000) 3,175,947 404 GOLF COURSE SYSTEM & CAPITAL 1,609,927 - 1,609,927 3,919,825 - 3,919,825 4,003,974 - 4,003,974 1,525,778 (787,490) 738,288 405 WATER OPERATIONS & CAPITAL 48,208,076 - 48,208,076 22,053,001 - 22,053,001 52,379,968 - 52,379,968 17,881,109 (3,100,810) 14,780,299 406 WASTEWATER OPERATIONS & CAPITAL 22,850,870 - 22,850,870 12,733,569 - 12,733,569 25,445,102 - 25,445,102 10,139,338 (1,636,588) 8,502,750 407 SURFACE WATER OPERATIONS & CAPITAL 28,314,755 - 28,314,755 39,343,885 - 39,343,885 52,785,900 - 52,785,900 14,872,740 (2,000,081) 12,872,659 416 KING COUNTY METRO 6,237,142 - 6,237,142 20,303,166 - 20,303,166 20,173,811 - 20,173,811 6,366,497 (380,000) 5,986,497 501 EQUIPMENT RENTAL 13,277,635 - 13,277,635 10,506,130 - 10,506,130 10,871,930 - 10,871,930 12,911,835 (12,911,835) - 502 INSURANCE 23,221,020 - 23,221,020 6,620,328 - 6,620,328 7,461,634 - 7,461,634 22,379,715 (17,616,914) 4,762,801 503 INFORMATION SERVICES 9,021,343 - 9,021,343 9,527,403 - 9,527,403 14,369,947 - 14,369,947 4,178,800 (2,326,091) 1,852,709 504 FACILITIES 937,922 - 937,922 7,185,622 - 7,185,622 7,307,705 - 7,307,705 815,839 815,839 505 COMMUNICATIONS 428,724 - 428,724 1,593,402 - 1,593,402 1,731,451 - 1,731,451 290,675 290,675 512 HEALTHCARE INSURANCE 6,935,644 - 6,935,644 16,315,216 - 16,315,216 15,197,161 - 15,197,161 8,053,699 (4,559,148) 3,494,551 522 LEOFF1 RETIREES HEALTHCARE 19,928,792 - 19,928,792 1,660,500 - 1,660,500 1,689,834 - 1,689,834 19,899,458 (19,899,458) - 611 FIREMENS PENSION 8,733,791 - 8,733,791 424,566 - 424,566 267,475 - 267,475 8,890,882 (8,890,882) - Total Other Funds 276,470,267 - 276,470,267 271,890,717 - 271,890,717 380,386,275 - 380,386,275 167,974,709 (77,509,154) 90,465,556 TOTAL ALL FUNDS 360,076,246 - 360,076,246 414,410,567 - 414,410,567 524,943,891 - 524,943,891 249,542,922 (97,356,067) 152,186,855 AGENDA ITEM #6. c) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AMENDING THE 2023/2024 CITY OF RENTON FEE SCHEDULE. WHEREAS, on November 23, 2009, the Council adopted Ordinance No. 5509, which removed many fees from the Renton Municipal Code and consolidated them into the 2010 City of Renton Fee Schedule brochure, which has been subsequently amended; and WHEREAS, on November 14, 2022, the City Council passed Resolution No. 4484, adopting an amended fee schedule for 2023 and 2024; and WHEREAS, the fee schedule for 2023 and 2024 was subsequently amended by Resolution No. 4492, 4501 and 4513; and WHEREAS, it is necessary to approve an amended fee schedule to make periodic updates as part of the City’s 2024 Carryforward and 1st Quarter Budget amendment; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The fee schedule is amended and replaced with the 2023-2024 City of Renton Fee Schedule brochure, which is attached hereto and adopted by this reference (“Fee Schedule”). An updated copy of the Fee Schedule shall at all times be filed with the City Clerk as required by Ordinance No. 5509. SECTION II. The amended Fee Schedule adopted by Section I of this resolution shall be effective on April 29, 2024 and thereafter act as the City of Renton’s Fee Schedule for all fees or changes referenced therein. The Fee Schedule shall remain in effect until amended or otherwise AGENDA ITEM #6. c) RESOLUTION NO. _______ 2 replaced by the City Council. In the event the Fee Schedule is not amended prior to the year 2025, the fees specified for the year 2024 shall continue to apply into and beyond 2025 until amended by the City Council. PASSED BY THE CITY COUNCIL the day of , 2024. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of , 2024. Armondo Pavone, Mayor Approved as to form: Shane Moloney, City Attorney RES-Fin:24RES009:03/25/24 AGENDA ITEM #6. c) City of Renton Fee Schedule 2023‐2024 Rev. January 2024 AGENDA ITEM #6. c) City of Renton Fee Schedule 2023‐2024 Table of Contents Page SECTION I. MISCELLANEOUS FEES 1 SECTION II. MAPLEWOOD GOLF COURSE 2 SECTION III. CITY CENTER PARKING FEES 2 SECTION IV. AQUATIC FEES 3 SECTION V. CARCO THEATER (REPEALED) 3 SECTION VI. PARKS AND FACILITIES USE AND RENTAL 3 SECTION VII. COMMUNITY CENTER PASS CARD & FEES 4 SECTION VIII. AIRPORT CHARGES 4 SECTION IX. ANIMAL LICENSES FEES ‐ RMC 5‐4‐24 SECTION X. BUSINESS LICENSES 5 SECTION XI. ADULT ENTERTAINMENT LICENSES 5 SECTION XII. DEVELOPMENT FEES 6 Building Fees:6 Land Use Review Fees:8 Site Work, Utilities, and Right of Way Fees: 10 Technology Surcharge Fee 14 Impact Fees: 14 Miscellaneous Fees: 15 SECTION XIII. FIRE DEPARMENT FIRE MARSHAL FEES (RFA) 15 16SECTION XIV. MONETARY PENALTY SCHEDULE FOR INFRACTIONS ISSUED UNDER THE AUTHORITY OF CHAPTER 7.80 RCW AGENDA ITEM #6. c) City of Renton Fee Schedule 2023‐2024 SECTION I. MISCELLANEOUS FEES*2023 2024 1. Maps: a.$4 $4 b. $12 $12 c. $4 $4 d. $12 $12 e. $5 $5 2. Plat: a. $2 $2 b. $1 $1 3. Photocopies: a. $0.15 $0.15 b. $0.20 $0.20 c. $0.25 $0.25 4. Budget: a. $10 $10 b. N/C N/C 5. Audio or Video Recording Copies: a.$2 $2 b.$2 $2 6. Regulations and Plans: a.Comprehensive Plan and Map $30 $30 b.Title IV, Development Regulations: (i)Text and Zoning Map $110 $110 (ii)Text only $100 $100 c.Individual Chapters of Development Regulations $10 $10 d. Renton Municipal Code (two volumes)$400 $400 e.Code Supplements, per year: (i)Titles I ‐ III and VI ‐ X $70 $70 (ii)Title IV $70 $70 7. Miscellaneous Services: a.Certification and Notary Fees ‐ Clerk's Certification $10 $10 b.Notary Public Attestation or Acknowledgement or as $10 $10 otherwise provided for in RCW 42.28.090, per signature c.Hold Harmless Agreements and other similar documents $20 $20 not otherwise provided for d.Lamination of licenses, pictures $6 $6 e.Community Development Block Grants (CDBG) Loan Program: (i)Application Fee $200 $200 (ii)Loan Origination Fee $150 or 0.25% of loan amount, whichever is greater $150 or 0.25% of loan amount, whichever is greater (iii) Closing Costs (including any legal fees)50% of total actual costs 50% of total actual costs 8. Miscellaneous Charges for Police Services: a.Police Reports per page $0.15 $0.15 b.Record Checks (Written Response) $5 $5 c.Photographs ‐ Digital on CD $2 $2 d.Photographs ‐ black & white or color ‐ Cost of developing film Cost Cost e.Fingerprint Cards $5 $5 (i)Each additional card $1 $1 9. Charges for Fire Documents: a.Fire reports per page $0.15 $0.15 b.Fire investigative report on CD $2 $2 c.First copy ‐ black & white or color ‐ Cost of developing film Cost Cost d.Additional copy ‐ black & white or color ‐ Cost of developing film Cost Cost 10. Computer Listings: a.City of Renton new business list $10 $10 b.List of all business licenses $20 $20 c.Copies requested to be faxed, local number $3 $3 d.Copies requested to be faxed, long distance number (i)Multi‐family: 2 units, Duplexes, & Accessory Dwelling Unit (ADU)1 $10 $10 (ii)Six (6) or more pages (ten (10) page limit)$20 $20 11. Utility Fee: a.Special Request Water Meter Reading $30 $30 b.Utility New Account Setup $25 $25 c.Utility Billing Account Transfer (tenant billing form)$5 $5 d.Water utility outstanding balance search requested by $25 $25 fax, messenger, or letter e Water turn off and turn on fee $60 $60 f Water utility shutoff list processing fee $60 $60 g Water delinquent late fee of 10% of past due charges but not less than fifty cents 10%10% h Water after hours service charge to turn on water after 3 p.m. (additional fee)$90 $90 i Tenant notification fee for impending shutoff of water per tenant $5 $5 j Petition filing fee for stormwater appeal from category determination and assessment $75 $75 k Meter Accuracy Reading ‐ For testing 3/4" through 2" meter $40 $40 l Meter Accuracy Reading ‐ For testing meters larger than 2"Time & Materials, requires Time & Materials, requires a $60 refundable deposit a $60 refundable deposit prior to test prior to test 12. Schedule of Fines for False Alarms ‐ Security/Burglar: (effective February 1, 2019) a.$25 $25 b.N/C N/C c.N/C N/C d.$100 $100 e.$250 $250 f.$25 $25 g.$50 $50 1 A registration year shall mean January 1 thru December 31 each year. 13. NSF Check Fees $25 $25 14. Veteran Park Tile: Three lines $75 $75 Late Payment Fee Unregistered Alarm System Fee First False Alarm in a registration year1 One‐time Registration Fee Annual Registration Renewal Second False Alarm in a registration year1 Third or more False Alarm in a registration year1 Audio recording, each copy Video recording, each copy City's Budget to other municipality or quasi‐municipal corporation or other nonprofit charitable or education organization City's Budget Zoning maps ‐ standard 11 x 17 Zoning maps ‐ large 24 x 36 Comprehensive Plan map ‐ standard 11 x 17 Comprehensive Plan map ‐ large 24 x 36 Precinct maps First page Each additional page Each 8.5" x 11" or 8.5" x 14" Each 11" x 17" Each 8.5" x 11" or 8.5" x 14" color 1 AGENDA ITEM #6. c) City of Renton Fee Schedule 2023‐2024 SECTION I. MISCELLANEOUS FEES* (CONTINUED)2023 2024 15. Electronic Records1,2,3: a.Photocopies or printed copies of electronic records, per page $0.15 $0.15 b.Scanning paper records, per page $0.10 $0.10 c.$0.05 $0.05 d.$0.10 $0.10 e.Body worn camera footage redaction, per minute of documented staff time, plus other documented costs of redaction $0.64 $0.64 16. Document Recording Fees: a.Actual Costs Actual Costs b.Actual Costs Actual Costs 17. Publication Fees: Actual Costs Actual Costs SECTION II. MAPLEWOOD GOLF COURSE 2023 2024 1. a.Weekday: (i) 18 Hole $43 $43 (ii) 9 Hole $32 $32 (iii) 18 Hole, Senior $34 $34 (iv) 9 Hole, Senior $26 $26 (v) 18 Hole, Junior $25 $26 (vi)9 Hole, Junior $19 $20 b.Weekend: (i)18 Hole $50 $50 (ii)9 Hole $32 $35 2. Club Rental: a.Regular $30 $35 b.Premium $60 $65 3. Golf Cart Fees: a.18 Hole $36 $38 b.18 Hole Single Rider $28 $28 c.9 Hole $24 $26 d.9 Hole Single Rider $18 $18 e.Trail Fee $15 $15 f.Half Cart, 18 Hole $18 $19 g.Half Cart, 9 Hole $12 $13 4. Driving Range Fees: a.Large Bucket $13 $14 b.Small Bucket $10 $11 c.Warm‐up Bucket $6 $7 5. Lesson Fees: a.1/2 Hour Private $55 $60 b.1 Hour Private $80 $90 c.1/2 Hour Series Private $200 $220 d.1 Hour Series Private $300 $330 e.Group Series $140 $160 f.1/2 Hour Private, Junior $35 $40 g.Playing Lesson(3‐hole minimum/9‐hole maximum) per hole $25 $30 SECTION III. CITY CENTER PARKING FEES 2023 2024 1. City Center Parking Garage Fees1: Parking rates for retail parking will be as follows: a.Zero (0) ‐ two (2) hours N/C N/C b.Two (2) ‐ four (4) hours $2 $2 c.Four (4) ‐ six (6) hours $4 $4 d.Six (6) ‐ (10) hours $6 $6 e. 10 hours or more $10 $10 f.Monthly pass‐holders, tax included $35 $35 1 Green Fees: Parking garage fees for periods of up to 10 hours are waived by Ord 6131 until 12/31/2024. Transmission of records in an electronic format or for the use of agency equipment to send the records electronically, per gigabyte (GB) Electronic files or attachments uploaded for electronic delivery (email, cloud‐based data storage service, or other means of electronic delivery), for each four (4) files The applicant shall pay all document recording fees charged by King county and all administrative fees charged by the title company for processing. Payment in full shall by submitted to the City before documents are sent for recording. 1 The charges identified in RCW 42.56.120(3)(b) (and referenced above) may be combined to the extent that more than one type of charge applies to copies produced in response to a particular request. The actual cost of any digital storage media or device provided by the agency. Alternatively, the City may charge a flat fee of up to $2 for the entire request as long as the cost of uploading and transmitting the electronic records is reasonably estimated to equal or exceed that amount. Only one $2 flat fee per request is authorized for electronic records produced in installments. When records are provided electronically on a CD, DVD, thumb drive, flash drive, or other electronic device, the requestor will be charged for the cost of the electronic storage device. The City may charge an actual‐cost service charge for requests that require use of IT expertise to prepare data compilations or provide customized electronic access services when not used by the City for other purposes. A cost estimate and explanation will be provided to the requestor before incurring the costs. 2 Option to waive charges. The City may waive charges associated with fulfilling a request. The decision will be based on various factors, including the volume and format of the responsive documents. The decision to assess fees for fulfilling a public records request shall be made on a consistent and equitable basis, dependent primarily upon the amount of staff time required for copying, scanning, shipping, uploading, and/or transmitting the records associated with fulfilling a request. 3 Certified copies. If the requestor is seeking a certified copy of a City record, an additional charge of $1.00 per each complete document may be applied to cover the additional expense and time required for certification. *Should Section I fees due total less than $4.00 and no other fee is due to the City at the same time, the department administrator may authorize to waive the entire amount due at their discretion. For purposes of this section, "weekend" shall mean Friday, Saturday, and Sunday. "Weekday" shall mean the remaining four days of the week. "Junior" shall mean ages 17 and under, "Senior" shall mean ages 62 and over. Off‐season and promotional rates determined by management; posted on website. The applicant shall pay all Publication fees charged by publication outlet used by the City (The Seattle Times or equivalent). Payment in full shall be made to the City prior to public hearing, permit approval or issuance, whichever comes first. Miscellaneous charges associated with document recording, such as courier fees 2 AGENDA ITEM #6. c) City of Renton Fee Schedule 2023‐2024 SECTION IV. AQUATIC FEES 2023 2024 1. Admission for the Aquatic Center shall be as follows: a.Regular Session: (i)Infants ‐ under 1 year N/C N/C (ii)Youth ‐ 1 to 4 years $8 $8 (iii)Ages 5 and up $16 $16 (iv)Lap swim ‐ water walking only $5 $7 (v)Locker Rental $0.25 $0.25 b.Canopy Rental Fees1: (includes canopy and admission for one leisure swim session): (i)Henry Moses Party Tent #1 (10' x 20' for up to twenty‐five (25) guests on wave pool): (1) Resident Rate, per session $600 $600 (2) Non‐resident Rate, per session $700 $700 (ii)Henry Moses Party Tent #2 (10' x 20' for up to twenty‐five (25) guests): (1) Resident Rate $500 $500 (2) Non‐Resident Rate $600 $600 (iii)Henry Moses Party Tent #3 (10' x 10' for up to ten (10) guests): (1) Resident Rate, per session $250 $250 (2) Non‐resident Rate, per session $300 $300 c.Resident Rate all inclusive1 $3,800 $3,800 d.Non‐resident Rate all inclusive1 $4,800 $4,800 e.Swim Lesson Program: Fees and associated descriptions are published in the "Let's Go Renton " Renton Activities Guide f.End‐of‐year School Party Rentals: (i)Renton School District (1) 001 ‐ 299 students $1,900 $1,900 (2) 300 ‐ 399 students $2,250 $2,250 (3) 400 ‐ 499 students $2,400 $2,400 (4) 500 ‐ 599 students $2,550 $2,550 (ii)Other Schools and Districts (1) 001 ‐ 299 students $2,450 $2,450 (2) 300 ‐ 399 students $2,850 $2,850 (3) 400 ‐ 499 students $3,150 $3,150 (4) 500 ‐ 599 students $3,360 $3,360 1 Sales tax not included in the rental fee 2. Boat Launch Rates: a.Daily resident ‐ 7 days a week $20 $20 b.Daily Non‐resident ‐ 7 days a week $25 $25 c.Overnight resident ‐ 7 days a week $25 $25 d.Overnight Non‐resident ‐ 7 days a week $45 $45 e.Annual parking boat launch permit ‐ resident $70 $70 f.Annual parking boat launch permit ‐ non‐resident $130 $130 g. (i) $110 $110 (ii) $115 $115 SECTION V. CARCO THEATER (REPEALED)2023 2024 SECTION VI. PARKS AND FACILITIES USE AND RENTAL 2023 2024 1. Outlying Picnic Shelters (Cedar River Trail, Liberty Park, Philip Arnold Park, Teasdale Park and Heritage Park) Maximum of 50 people: a.Resident 10am‐7pm $150 $150 b.Non‐resident 10am‐7pm $290 $290 2. Gene Coulon Beach Park Shelters (South #1, South #2 and Creekside) Maximum of 75 people: a.Resident 10am‐7pm $150 $150 b.Non‐resident 10am‐7pm $290 $290 e.South Shelters 1 & 2 Resident rate $310 $310 f.South Shelters 1 & 2 Non‐resident rate $610 $610 3. Gene Coulon Beach Park Shelters (North Shelter): a.Resident 10am‐7pm $200 $200 b.Non‐resident 10am‐7pm $360 $360 4. Basketball court rate per hour (Tournament Play Only): a.Resident rate $25 $25 b.Non‐resident rate $30 $30 5. a.Resident rate per hour $25 $25 b.Non‐resident rate per hour $30 $30 c.Temporary Event Permit Fee $85 $85 6. Piazza Park Open Space Event Rental a.Full day rental 10am ‐ 7pm $500 $500 7. Photo Shoots per hour: a.Commercial Film and Photo Shoots per hour $300 $300 8. Electrical Spider Box rental: a. Electrical spider box rental per box, per event, with special event approval $200 $200 Open Space Area in the Parks (Cascade, Teasdale, Philip Arnold, Cedar River, Earlington, Gene Coulon, Glencoe, Kennydale Lions, Sunset, and Riverview Parks): Fishing Tournaments at Coulon Beach (additional rental fee if using the Pavilion area for weigh in and or electricity at the current rental rate) per event Resident rate Non‐resident rate 3 AGENDA ITEM #6. c) City of Renton Fee Schedule 2023‐2024 SECTION VI. PARKS AND FACILITIES USE AND RENTAL (CONTINUED)2023 2024 9. Athletic Field Rental, Lights and Prep Fees: a.Sports field rental per hour ‐ resident $30 $30 b.Sports field rental per hour ‐ non‐resident $36 $36 c.Renton Area Youth Sports Agencies, per hour $8 $8 d.Field prep for softball/baseball ‐ resident per occurrence $35 $35 e.Field prep for soccer ‐ resident per occurrence $50 $50 f.Custom Field prep ‐ resident per occurrence $100 $100 g.Field prep for softball/baseball ‐ non‐resident per occurrence $35 $40 h.Field prep for soccer ‐ non‐resident per occurrence $50 $55 i.Custom Field prep ‐ non‐resident per occurrence $100 $100 j.Field lights all sports ‐ resident per hour $30 $30 k.Field lights all sports ‐ non‐resident per hour $36 $36 10. Banquet & Classroom Rental ‐ Community Center & Senior Activity Center: a.Friday evening 5 hour minimum ‐ resident $750 $750 b.Weekend Rates 10 hour minimum ‐ resident $1,500 $1,500 c.Extra hours ‐ per hour ‐ resident $150 $150 d.Friday 5 hour minimum ‐ non‐resident $900 $900 e.Weekend Rates 10 hour minimum ‐ non‐resident $1,800 $1,800 f.Extra hours ‐ per hour ‐ non‐resident $180 $180 g Banquet Room ‐ Mon ‐ Fri ‐ daytime ‐ resident/hr 3 hour min $100 $100 h Banquet Room ‐ Mon ‐ Fri ‐ daytime ‐ non‐resident/hr 3 hour min $90 $120 i.Damage deposit $550 $550 j Cancellation Fee ‐ Less than 90 days $550 $550 11. Classroom and Gymnasium Rental ‐ Renton Community Center: a.Resident single gym athletic ‐ per hour $50 $50 b.Non‐resident single gym athletic ‐ per hour $60 $60 c.Resident double gym athletic ‐ per hour $100 $100 d.Non‐resident double gym athletic ‐ per hour $120 $120 e.Resident single gym non‐athletic $1,000 $1,000 f.Non‐resident single gym non‐athletic $1,200 $1,200 g.Resident double gym non‐athletic $2,000 $2,000 h.Non‐resident double gym non‐athletic $2,400 $2,400 i.Carpet fee single gym ‐ resident & non‐resident $325 $325 j.Carpet fee double gym ‐ resident & non‐resident $650 $650 k.Classroom resident $40 $40 l.Classroom Non‐resident $48 $48 12. Facility Rental ‐ Neighborhood Center: a.Meeting room ‐ resident $35 $40 b.Gymnasium ‐ resident $35 $40 c.Meeting room ‐ non‐resident $40 $48 d.Gymnasium ‐ non‐resident $40 $48 13. Farmer's Market a.10x10 Lot $40 $40 b.Half Lot $20 $20 c.Application fee $30 $30 d.Electrical fee $5 $5 14. Parklet Rentals a. Parklet Rental including Installation per Occurrence1,2 $500 $500 $73/month, $876/year 15. Outlying Park Buildings (Tiffany Park Building, Kennydale Park Building, Teasdale Park Building) a.6‐hour block ‐ resident $200 $200 b.6‐hour block ‐ non‐resident $240 $240 c.Deposit resident & non‐resident $250 $250 d.Non‐profit fee ‐ per hour (no deposit required)$40 $40 SECTION VII. COMMUNITY CENTER PASS CARD & FEES 2023 2024 Fees and associated descriptions are published and available in the "Let's Go Renton" Recreation Guide. SECTION VIII. AIRPORT CHARGES 2023 2024 1.Airport Fuel Flow Charge: per gallon $0.08 $0.08 2.JetA Fuel Flow Charge: per gallon $0.10 $0.10 3.T‐Hangar Waitlist, one time fee $100 $100 4 T‐Hangar, Move‐in Fee (non‐refundable)$250 $250 5 T‐Hangar Rental Space (monthly) (plus leasehold excise tax)$409.43 $409.43 6 Tie‐down Waitlist, one time fee $25 $25 7 Tie‐down Rental Space (monthly) (plus leasehold excise tax)$106.43 $106.43 8.Penalty for violation of Minimum Standards/Airport Rules & Regulations (each occurrence)$500 $500 9.Penalty for Movement Area Incursions (each occurrence), assessed to sponsor/tenant $500 $500 10 Lost gate card fee per occurrence $50 $50 11 Transient airplane parking (daily)$8 $8 SECTION IX. ANIMAL LICENSES FEES1 ‐ RMC 5‐4‐2 2023 2024 1.Altered Animal Annual License $30 $30 2.Unaltered Animal Annual License $50 $50 3.Economically Qualified Resident Special Lifetime License $0 $0 4.Duplicate Tag $10 $10 2 Parklet rental is subject to sales tax 1 Long‐Term Right of Way Permit will be required if located within the City Right of Way. See Section XII, Development Fees, of the City of Renton Fee Schedule Brochure: Subsection e of subsection 3, Site Work, Utilities, and Right of Way Fees 1 Please note, impounded animals are subject to license fees, microchipping costs, and other out‐of‐pocket costs as specified in RMC 6‐6‐2. 4 AGENDA ITEM #6. c) City of Renton Fee Schedule 2023‐2024 SECTION X. BUSINESS LICENSES 2023 2024 1. General Business License: a.Registration Fee $150 $150 b.Appeal of Business License Decision $250 $250 2. Penalties: a.The penalty to reinstate an expired business license $50 $50 b.The penalty for failure to obtain a business license $250 $250 c. SECTION XI. ADULT ENTERTAINMENT LICENSES 2023 2024 1. Every person applying for a adult entertainment license shall pay the applicable nonrefundable application fee: a.Adult Entertainment Business License $750 $750 b.Entertainer $75 $75 c.Manager $75 $75 d.License Replacement $10 $10 2. Penalties: a.Civil Penalty, per violation $1,000 $1,000 Failure to pay the license fee within one day after the day on which it is due and payable pursuant to subsection C7 of Chapter 5 of the RMC shall render the business enterprise subject to a penalty of (5%) of the amount of the license fee for the first month of the delinquency and an additional penalty of (5%) for each succeeding month of delinquency, but not exceeding a total penalty of (15%) of the amount of such license fee. 5%‐15%5%‐15% 5 AGENDA ITEM #6. c) City of Renton Fee Schedule 2023‐2024 SECTION XII. DEVELOPMENT FEES 2023 2024 1. a. (i)$42 $42 b. (i)$317 $317 (ii)$348 $348 (iii)$254 $254 (iv)$285 $285 (v)$285 $285 (vi)$348 $348 c. (i)65% of permit fee 65% of permit fee (ii)50% of initial plan Check Fee 50% of initial plan Check Fee d. (i)$25 $25 (ii) (1)$6.50 $6.50 (2)$2 $2 e. (i) (1) (a)$269 $269 (b)$285 $285 (2) (a)$209 $209 (b)$221 $221 (c)$26 $26 (d)$209 $209 (e)$93 $93 (ii) (1)$82 $82 (2)$82 + 4.89% of value $82 + 4.89% of value (3)$106.45 + 4.93% of value $106.45 + 4.93% of value Mult $303.78 + 2.58% of value $303.78 + 2.58% of value (5)$1,463.10 + 1.70% of value $1,463.10 + 1.70% of value (6)$4,870.92 + 1.45% of value $4,870.92 + 1.45% of value (7)$15,775.97 + 0.53% of value $15,775.97 + 0.53% of value (iii)$209 $209 (iv) (1)$209 $209 (2)$209 $209 (3)$209 $209 (5) (a)$135 $135 (b)$209 $209 f.$190 $190 Review Fee Temporary Electrical Services Miscellaneous Electrical Fees Multi‐Family, Commercial and Industrial Fees: Fees based on value of work. Residential Fees ‐ Single ‐Family and Duplex State Building Code Fee: Electrical Permit Fees2: Non‐residential projects $1.00 to $500.00 Signs per each Mobile Homes Low Voltage Work (e.g., alarm systems; thermostats; computer, data, or phone lines; fiber optics, cable television, etc.) (4) Job Trailers Building Plan Check Fee1 Building and Demolition Permit Fees:1 Building Fees: (viii) (vii) (vi) (ii) (iii) (iv) (v) Base Fee/Valuation $1.00 to $500.00 Valuation $501.00 to $2,000.00 Valuation $2001.00 to 25,000.00 Valuation $25,001.00 to $50,000.00 Valuation $50,001.00 to $100,000.00 Valuation $100,001.00 to $500,000.00 Valuation $500,001.00 to $1,000,000.00 Valuation $1,000,001.00 and up Combination Building Permit Fees1,2 1 This fee shall be $0 for Accessory Dwelling Units (ADU). $500.01 to $1,000.00 $1,000.01 to 5,000.00 $5,000.01 to $50,000.00 $50,000.01 to $250,000.00 $250,000.01 to $1,000,000.00 House Moving1 ‐ minimum per hour Inspection Fee: $1,000,000.01 and up Cooling system circuit for new or replaced appliance Up to 200 AMP Over 200 AMP 2 Exemption: Residential telephone communication systems, thermostats, security systems, and cable television installations are exempt from fees 1 This fee shall be $0 for Accessory Dwelling Units (ADU). 1 This covers only the Building Section inspection of the structure prior to move. There is a separate additional fee charged by the Public Works Department to cover the actual house move permit. A building permit is also required in order to site the structure on the new site. Base Residential Fee Each additional unit after first unit Residential projects: Residential Photovoltaic (PV) Solar Panel Permit fee New Service ‐ Single Family and Duplex1 Service Changes/New Circuits ‐ Single Family and Duplex: Change up to 200 AMP Change over 200 AMP Any new circuits added to above price is per each up to a maximum of $80.00 Minimum fee for remodel/addition of new circuits without a service charge Initial Building Plan Check Fee2 Additional Building Plan Check Fee Plumbing up to 3,000 sq ft Plumbing over 3,000 sq ft Mechanical up to 3,000 sq ft Mechanical over 3,000 sq ft Electrical up to 3,000 sq ft Electrical over 3,000 sq ft 50% of commercial fees Minimum $209 50% of commercial fees Minimum $209 2 Building Plan Check Fee is in addition to the building permit fees, demolition permit fees, and combination building permit fees. The plan check fee is equal to 65% of the building permit fee, or the demolition permit fee, or the combination building permit fee. Includes three (3) review cycles. 1 This fee shall be $0 for Accessory Dwelling Units (ADU). 1 This fee shall be $0 for Accessory Dwelling Units (ADU). 2 Combination Building Permit fees are required for each new single family residential structure. $42 + $4.70 x each $100 value $42 + $4.70 x each $100 value $112.57 + $21.63 x each $1,000 value $112.57 + $21.63 x each $1,000 value $610.06 + $15.57 x each $1,000 value $610.06 + $15.57 x each $1,000 value $999.31 + $10.85 x each $1,000 value $999.31 + $10.85 x each $1,000 value $1,541.81 + $8.63 x each $1,000 value $1,541.81 + $8.63 x each $1,000 value $4,993.81 + $7.33 x each $1,000 value $4,993.81 + $7.33 x each $1,000 value $8,659.81 + $5.66 x each $1,000 value $8,659.81 + $5.66 x each $1,000 value $190 on 1st unit / $24 each add'l unit $190 on 1st unit / $24 each add'l unit Inspection Fee For Condominium Conversionsg. 6 AGENDA ITEM #6. c) City of Renton Fee Schedule 2023‐2024 SECTION XII. DEVELOPMENT FEES (CONTINUED)2023 2024 1. h. (i)$190 $190 (ii)Building Permit Fees Building Permit Fees i. (i)$65 $65 (1)$26 $26 (2) Boiler or Compressor $26 $26 (3)$26 $26 (4) Ventilation/exhaust fan $26 $26 (5) Fuel Gas Piping (each gas piping system up to 6 outlets)$26 $26 (ii)$96 $96 (1)$45 $45 (2) Boiler or Compressor $96 $96 (3) Refrigeration System $96 $96 (4)$96 $96 (5) Incinerator: Installation or relocation of each $127 $127 (6)$45 $45 (7) Fuel Gas Piping (each gas piping system up to 6 outlets)$45 $45 j. (i) Residential ‐ Plumbing Permit base fee plus itemized fees below:$65 $65 (1)$12 $12 (2) Water Service: For meter to house $12 $12 (3) Per fixture for repair or alteration of drainage or vent piping $12 $12 (4) Per drain for rainwater systems $12 $12 (5) Per lawn sprinkler system, includes backflow prevention $12 $12 (6) Per vacuum breaker or backflow protection device on tanks, vats, etc.$12 $12 (7) Per interceptor for industrial waste pretreatment $12 $12 (8) Fuel Gas Piping: (each gas piping system up to 6 outlets)$26 $26 (ii) Commercial or Multi‐Family: Plumbing Permit base fee plus itemized fees below:$96 $96 (1)$19 $19 (2)$19 $19 (3)$19 $19 (4)$19 $19 (5)$19 $19 (6)$19 $19 (7)$19 $19 (8)$33 $33 (9)$96 $96 k. (i) (1)$317 $317 (2)$317 $317 (ii) (1)$96 $96 (2)$96 $96 (3)$63 $63 (4)$158 $158 (5)$96 $96 (6)$96 $96 l. (i) (1)$158 $158 (2)$158 $158 (3)$158 $158 (4)$175/hr $175/hr (ii) (1)40% 40% (2)50% 50% (3)$158/hr $158/hr (4)5% of Permit Fee 5% of Permit Fee (5)5% of Permit Fee 5% of Permit Fee (iii)2 X Permit Fee 2 X Permit Fee 1 This fee shall be $0 for Accessory Dwelling Units (ADU). 2 Applies to inspection performed on Saturdays, Sundays, observed City of Renton holidays, and non‐holiday Monday‐Fridays outside the hours of 7:00AM to 3:30PM Decorative Flags fee is per entrance and valid until flag(s) are removed Roof, projecting, awning, canopy, marquee, and wall signs Freestanding ground and pole signs Temporary and Portable Signs: Per plumbing fixture (e.g., sink, shower, toilet, dishwasher, tub, etc.) or set of fixtures on one trap Water Service: For meter to building Mechanical Permit Fees:1 Residential ‐ Mechanical Permit base fee plus itemized fees below: Commercial or Multi‐Family ‐ Mechanical Permit base fee plus itemized fees below: Within a manufactured home park Manufactured/Mobile Home Installation Fees1: Appliance or piece of equipment regulated by this code but not classed in other appliance categories, or for which no other fee is listed in this code Appliance or piece of equipment regulated by this code but not classed in other appliance categories, or for which no other fee is listed in this code Outside of a manufactured home park Heating system (furnace, heat pump, suspended heater, fireplace, wood stove, etc.). A/C system (air conditioner, chiller or Air Handling Unit (VAV) including ducts and vents) Site Plan/Zoning Review1 Engineering Review1 Fuel Gas Piping: (each gas piping system up to 6 outlets) Medical Gas Piping: (each gas piping system up to 6 outlets) Sign Permit Fees: Plumbing Permit Fees:1 Per fixture for repair or alteration of drainage or vent piping Per drain for rainwater systems Per lawn sprinkler system, includes backflow prevention Per vacuum breaker or backflow protection device on tanks, vats, etc. Per interceptor for industrial waste pretreatment Miscellaneous Fees: Minimum Housing Inspection Building Fees: (Continued) 1 This fee shall be $0 for Accessory Dwelling Units (ADU). 1 This fee shall be $0 for Accessory Dwelling Units (ADU). 1 Includes plan review and inspection fees for the foundation (electrical, plumbing, mechanical, sewer and water connection fees are in addition to the below amounts). WABO ‐ Adult Family Home; Misc building inspection Commercial Hood: Installation of each served by a mechanical exhaust, including the ducts for such hood each Heating system (furnace, heat pump, suspended heater, fireplace, wood stove, etc.). A/C system (air conditioner, chiller or Air Handling Unit (VAV) including ducts and vents) Reinspection Fee; Misc building inspection Electrical, Plumbing, or Mechanical Permits (percentage of permit fee) Additional Plan Review Fees: Over three review cycles (percentage of plan review fee) Miscellaneous Plan Review: hourly fee. Real Estate Directional Signs, pursuant to RMC 4‐4‐100J2, permit valid for a 12‐months period Grand Opening Event Signs, pursuant to RMC 4‐4‐100J6d(i) Per plumbing fixture (e.g., sink, shower, toilet, dishwasher, tub, etc.) or set of fixtures on one trap Work commencing before permit Issuance: Where work for which the permit is required is started prior to obtaining the permit, a special investigation fee in an amount equal to twice the permit fee shall be charged. The special investigation fee shall be paid in addition to the required permit fees. Permanent Signs: Inspection Fees: Plan Review Fees: Event Signs, pursuant to RMC 4‐4‐100J6d(ii) and (iii) per sign, per promotion A‐Frame Signs, pursuant to RMC 4‐4‐100J5 Charge is for the first sign, all subsequent signs are $50.00 Commercial Property Real Estate Banner each sign permit is valid for 12 months. After hours inspection2 7 AGENDA ITEM #6. c) City of Renton Fee Schedule 2023‐2024 SECTION XII. DEVELOPMENT FEES (CONTINUED)2023 2024 2. a. (i)$56 $56 (ii)$120 $120 (iii) (1)$5,900 $5,900 (2)$5,900 $5,900 (iv) (1)$560 $560 (2)$560 $560 (3)$560 $560 (v) (1)$2,965 $2,965 (2)$5,930 $5,930 (vi) (vii)$5,900 $5,900 (viii) (1)$3,710 $3,710 (2)$1,800 $1,800 (3)50% of Application Fee 50% of Application Fee (4)Application Fee Application Fee (ix)N/C N/C (x)$1,410 $1,410 (xii)$11,240 $11,240 (xiii)100% of cost 100% of cost (xiv)$1,800 $1,800 (xv)$1,800 $1,800 (xvi)$180 $180 (xvii)$6,080 $6,080 (xviii) Home Occupation Permit (Special)$230 (xix)$180 $180 (xx)N/C N/C (xxi)$570 $570 (xxii)$1,230 $1,230 (xxiii) (1)$1,230 $1,230 (2)$3,650 $3,650 (3)$1,800 $1,800 (xxiv)$170 $170 (xxv) (1)$6,080 $6,080 (2)$3,040 $3,040 (3)$12,170 $12,170 (4)$6,080 $6,080 (5)50% of Application Fee 50% of Application Fee (6)Application Fee Application Fee (xxvi) (1)$6,080 $6,080 (2)$3,030 $3,030 (xxvii) (1)$570 $570 (2)$1,730 $1,730 (xxviii)N/C N/C (xxix)$5,900 $5,900 (xxx)$120 $120 (xxxi) (1)N/C N/C (2)$3,030 $3,030 Mult $3,650 $3,650 (4)$3,650 $3,650 (xxxii) (1)$4,270 $4,270 (2)$3,030 $3,030 (3)50% of Application Fee 50% of Application Fee (4)Application Fees Application Fees (xxxiii)$570 $570 (xxxiv)$3,030 $3,030 (xxxv) (1)$280 $280 (2)$280 $280 (xxxvi) (1)$120 $120 (2)$230 $230 (xxxvii)$1,490 $1,490 (xxxviii)$290 $290 (xxxix)$540 $540 Preliminary Final Waiver or Modification of Code Requirements cost is per request Zoning Compliance Letter Installation Temporary Use Permits: Tier 1 Tier 2 Variance (per each variance requested) Administrative or Hearing Examiner Application Conditional Use Permit Variance Hearing Examiner Review Administrative Review Site Development Plan (Site Plan or Master Plan which includes design review fee for projects subject to RMC 4‐3‐100): Modification (minor, administrative) Modification (major) required new application and repayment of fee required Small Cell Permit, per site4 Special Permit (Hearing Examiner) Street Naming (Honorary) Substantial Development Permit Planned Urban Development: Preliminary Plan Final Plan Reasonable Use Exception: In conjunction with land use permit Stand alone Public Arts Exemption Rezone Routine Vegetation Management Permit without Critical Areas Shoreline‐Related Permits: Shoreline Permit Exemption Landscape Review Fee Legal Lot Segregation Lot Consolidation Major Plat Amendment Manufactured/Mobile Home Park: Tentative Preliminary Final Open Space Classification Request Plats: Preliminary Short Plat Final Short Plat Preliminary Plat Final Plat Minor Plat Amendment Development Agreement Environmental Impact Statement Cost include the coordination, review and appeal. Draft and Final3 Environmental Checklist Review 100% of contract cost 100% of contract cost General Land Use Review1: Additional Animals Permit Address Change Annexation: Less than 10 acres Administrative Appeal of: Hearing Examiner's Decision Administrative Decision Environmental Decision Binding Site Plan Code Text Amendment Comprehensive Plan Map or Text Amendment (each) Conditional Use Permit: 10 acres or more Land Use Review Fees: HEX Revision (minor, administrative) Revision (major) Critical Areas Exemption Critical Areas Permit (xi) Critical Areas Review Fee: for those projects that propose impacts to critical areas and will be billed at the cost of contract biologist’s review.2 Lot Line Adjustment Environmental (SEPA) Addendum Fence Permit (special) Grading and Filling Permit (Hearing Examiner) 8 AGENDA ITEM #6. c) City of Renton Fee Schedule 2023‐2024 SECTION XII. DEVELOPMENT FEES (CONTINUED)2023 2024 2. a. b. (i) Land Use Review Fees: (Continued) Miscellaneous Fees1: General Land Use Review1: (Continued) SECTION XII. DEVELOPMENT FEES (CONTINUED ON THE NEXT PAGE) 1 Exception for Projects Vested in the County: For those projects that have vested to a land use permit under the development regulations of King County, the King County Land Use Review Fee Schedule shall apply, and is hereby adopted by reference. A copy of that fee schedule has been filed with the City Clerk and is available at the City Clerk’s office for public review. 1 Exception for Projects Vested in the County: For those projects that have vested to a land use permit under the development regulations of King County, the King County Land Use Review Fee Schedule shall apply, and is hereby adopted by reference. A copy of that fee schedule has been filed with the City Clerk and is available at the City Clerk’s office for public review. 2 Per RMC 4‐3‐050F7, the City may charge and collect fees from any applicant to cover costs incurred by the City in review of plans, studies, monitoring reports and other documents related to evaluation of impacts to or hazards from critical areas and subsequent code‐required monitoring. 3 When the City is the lead agency for a proposal requiring an Environmental Impact Statement (EIS) and the Environmental Review Committee (ERC) determines that the EIS shall be prepared, the City may charge and collect a reasonable fee from any applicant to cover costs incurred by the City in preparing the EIS. The ERC shall advise the applicant(s) of the projected costs for the EIS prior to actual preparation; the applicant shall post bond or otherwise ensure payment of such costs. The ERC may determine that the City will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, and may bill such costs and expenses directly to the applicant. Such consultants shall be selected by mutual agreement of the City and applicant after a call for proposals. If a proposal is modified so that an EIS is no longer required, the ERC shall refund any fees collected under this subsection which remain after incurred costs are paid. The City may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this Title relating to the applicant’s proposal. The City shall not collect a fee for performing its duties as a consulted agency. The City may charge any person for copies of any document prepared under this Title, and for mailing the document, in a manner provided by chapter 42.17 RCW. 4 Prior to issuance of a small cell permit, the applicant shall pay the actual administrative expenses incurred by the City that are directly related to the City's review of the application, including plan inspection, and approval, as authorized by RCW 35.21.860(1)(b), as may be amended. Permit review staff overtime (applies only if permit review is requested by the applicant to be performed on Saturdays, Sundays, observed City of Renton holidays, and non‐holiday Monday‐Fridays outside of the hours of city staff regular work schedule) $175/hr $175/hr 9 AGENDA ITEM #6. c) City of Renton Fee Schedule 2023‐2024 2023 2024 3. a. (i) Grade and Fill Quantity Cleared or Disturbed Area < 50 cy < 7,000 sf 50 cy ‐ 499 cy 7,000 sf ‐ < 3/4 acre 500 cy ‐ 4,999 cy 3/4 ac ‐ < 1 ac 5,000 cy ‐ 49,999 cy 1 ac ‐ < 2.5 ac 50,000 cy ‐ 99,999 cy 2.5 ac ‐ < 5 ac 100,000 cy and larger 5 ac and larger (1) (a)N/A N/A (b)$520 $520 (c)$700 $700 (d)$1,050 $1,050 (f)$1,400 $1,400 (e)$1,750 $1,750 (2) (a)N/A N/A (b)$500 $500 (c)$1,000 $1,000 (d)$1,330 $1,330 (f)$2,660 $2,660 (e)$3,990 $3,990 (3)1.5 x Review/Intake Fee 1.5 x Review/Intake Fee (4)1.5 x Review/Intake Fee 1.5 x Review/Intake Fee (ii) (1)6% of cost 6% of cost (2)$9,000 + 5% over $150,000 $9,000 + 5% over $150,000 (3)$17,500 + 4% over $350,000 $17,500 + 4% over $350,000 (iii)0.5% of cost 0.5% of cost (iv) $280 $280 (2)$1,700 $1,700 (v)$3,000 $3,000 b. (i) (1)$1,120 $1,120 (2)$2,250 $2,250 (3)$4,500 $4,500 (ii) (1)15% of total 15% of total (2)10% of total 10% of total (3)5% of total 5% of total (iii)$840 $840 c. (i) (1) (a)$4,850 $4,850 (b)$648 $648 (c)$3,650 $3,650 (2) (a)$24,250 $24,250 (b)$3,238 $3,238 (c)$18,250 $18,250 (3) (a)$38,800 $38,800 (b)$5,181 $5,181 (c)$29,200 $29,200 $150,000.00 or less Over $150,000.00 but less than $350,000.00 $350,000.00 and over Site Plan/Zoning Review and Inspection Fee6,7 1 Fees are based on the amount covered by the Latecomers'. Water service fee1,4 Fire sprinkler service fee 2,3 Wastewater fee1,4 $200,000 and over Annual Licenses of Solid Waste Fills Review Fee1,2: SECTION XII. DEVELOPMENT FEES (CONTINUED) New or Replaced Hard Surface < 2,000 sf 2,000 sf ‐ 4,999 sf 5,000 sf ‐ < 1 ac 1 ac ‐ < 2.5 ac 2.5 ac ‐ < 5 ac 5 ac and larger Site Work, Utilities, and Right of Way Fees: Site Work and Civil Construction Fees: Tier 0 1 2 3 4 5 Clearing, Grading, Excavation, and Mining Permits and License Fees: Fees shall be based on the highest tier triggered. 7 Cost of improvements shall be based on the City's bond quantity worksheet and shall include all project related improvements outside of the building envelopes, including, but not limited to, all costs required to construct the following: paved parking lots, private sidewalks or walkways; private and public storm water management facilities; temporary erosion and sedimentation control facilities; water quality facilities; public and private streets; public and private sanitary sewers; public water main improvements; required off‐site street, bike and pedestrian improvements; street lighting improvements; required landscaping and street tree improvements; and site grading and mobilization costs. The applicant may elect to submit a separate, itemized cost estimates for each item of improvement subject to the approval by the City. 1‐1/2 inch: Multi‐family: 2 units, Duplexes, & Accessory Dwelling Unit (ADU)1 $50,000 or less Wastewater fee4 2 inch: Water service fee4 Water service fee4 Civil construction plan review and inspection fees 6,7,8: 8 Fifty Percent (50%) of the fee is due at Civil Construction Permit Application and the remaining shall be due prior to permit issuance. Wet weather (annual fee) 5 If deemed necessary by the City in its sole discretion, the City will contract with one or more consultants to provide plan reviews and/or inspections with the related costs and expenses payable by the applicant. 3 All developers, municipal or quasi‐municipal entities, or utility corporations or companies, except those specifically exempted, shall pay fees under this Section. Exempted entities include City‐ franchised cable TV, cable modem, natural gas, telecommunications, and electrical power. Plan Revision following Permit Issuance: (1)Minor (Results in a change 10% or less than the cost of improvements 7. Excludes minor adjustments that are approved by the City to be shown on record drawings.) Major (Results in a change of greater than 10% of the cost of improvements 7.) 6 The fee shall be based up percentage of the estimated cost of improvements. 1 The fee for a grading license authorizing additional work to that under a valid license shall be the difference between the fee paid for the original license and the fee shown for the entire project. 2 Any unused fee may be carried forward to the next year. If any work is done before the license is issued, the grading license fee shall be doubled. Segregation processing fee, if applicable Over $50,000 but less than $200,000 4 Includes three (3) review cycles. Additional reviews will be charged $1,700 each. 5/8 x 3/4 inch and 1 inch: Water and Wastewater System Development Charges (SDC): Utility System Development Charges (SDC): 2 The administration and collection fee is deducted from each individual latecomer fee payment and the balance forwarded to the holder of the latecomer’s agreement pursuant to RMC 9‐5, Tender of Fee. Latecomers' Agreement Application Fees1: Processing fee2 (Nonrefundable) $50,000 or less Over $50,000 but less than $200,000 $200,000 and over Fire sprinkler service fee 2,3 Wastewater fee4 Fire sprinkler service fee 2,3 Solid Waste Fills Review Fee1: Inspection/Issuance Fee: Review/Intake Fee: Tier 0 (no permit required) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Tier 0 (no permit required) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 10 AGENDA ITEM #6. c) City of Renton Fee Schedule 2023‐2024 2023 2024 3. c. (4) (a)$77,600 $77,600 (b)$10,362 $10,362 (c)$58,400 $58,400 (5) (a)$121,250 $121,250 (b)$16,191 $16,191 (c)$91,250 $91,250 (6) (a)$242,500 $242,500 (b)$32,383 $32,383 (c)$182,500 $182,500 (7) (a)$388,000 $388,000 (b)$51,812 $51,812 (c)$292,000 $292,000 (ii) (1)$2,300 $2,300 (3)$0.920 per sq foot $0.920 per sq foot (iii)$840 + administrative costs $840 + administrative costs (iv) d. (i) (1) (a)$50 $50 (c)Time and materials Time and materials (d)$275 $275 (e)$95 $95 (f)$250 $250 (g)$560 $560 (h)$1,025 $1,025 (i)$80 $80 (k)$185 $185 (n)Time and materials Time and materials (o)$50 $50 (p)$200 $200 (2) (a) (i)$2,875 $2,875 (ii)$400 $400 (b) (i)$2,935 $2,935 (ii)$400 $400 (c) (i)$2,875 $2,875 (ii)$460 $460 (d) (i)$4,605 $4,605 (ii)$750 $750 6 Temporary connection may be granted for a one‐time, temporary, short‐term use of a portion of the property for a period not to exceed three (3) consecutive years. Fee shall be paid annually (non‐ prorated), and shall be nonrefundable, nontransferable (from one portion of the property to another) and shall not constitute a credit to the system development charge due at the time of permanent use of the utility system. The application for temporary connection shall consist of a detailed plan and a boundary line of the proposed development service area for use in the fee determination. (b) (j) $250 + $0.15 per lineal foot Cost of test + $70 processing fee Cost of test + $70 processing fee $60 deposit + time and materials $60 deposit + time and materials Water meter tests on meters 2" or larger Specialty water tests (lead, copper, etc) Water main connections $2,000 deposit + time and materials Installation of isolation valve. Open and close fire hydrants for fire flow tests conducted by others. Water service disconnection (cut at main) Water Construction Permit Fees: Miscellaneous water installation fees. Service size reductions Installation of stub service and meter setter only. 30% of SDC 30% of SDC 30% of SDC Fire sprinkler service fee 2,3 Wastewater fee4 4 inch: Storm Water System Development Charges (SDC): New single family residence (including mobile/manufactured homes) & Accessory Dwelling Unit (ADU)1 Storm Water Fee; Fee equal to thirty percent (30%) of the current SDC applicable to that portion of the property. Water service fee4 6 inch: $0.920 per sq foot Wastewater Fee; Annual fee equal to thirty percent (30%) of the current SDC applicable to the size of the temporary domestic water meter(s). Utility SDC Segregation Request5 Meter resets Repair of damage to service Water meter tests for 3/4” to 2" meter Water Testing, Construction, and Administration Fees: Drop in meter only Drop in meter only Drop in meter only Drop in meter only Water Fee; Annual fee equal to thirty percent (30%) of the current SDC applicable to the size of the temporary water meter(s). (2) (3) (1) Utility Construction Permit Fees: 5 The applicant shall pay the City’s administrative costs for the preparation, processing and recording of the partial payment of the fee(s). If the same segregation is used for more than one utility’s special assessment district, and/or latecomer’s charge, then only one administrative fee is collected. Utility System Development Charges (SDC): (Continued) 30% of SDC 30% of SDC 30% of SDC Fire sprinkler service fee 2,3 Wastewater fee4 8 inch: $0.920 per sq footAddition to existing single family residence greater than 500 square feet (including mobile/manufactured homes) Fee not to exceed $2,300 3 inch: Water service fee4 All other uses charge per square foot of new impervious surface, but not less than $2,300 Fire sprinkler service fee 2,3 Wastewater fee4 Water service fee4 Fire sprinkler service fee 2,3 Wastewater fee4 Water service fee4 2 Based upon the size of the fire sprinkler service (NOT detector bypass meter) Temporary Utility Connection6: (2) $2,000 deposit + time and materials Water main cut and cap Installation of stub service and meter setter only. $250 + $0.15 per lineal foot Water meter installation fees – City installed: Installation fees for ring and cover castings 1 This fee shall be reduced by fifty percent (50%) for Accessory Dwelling Units (ADU). 4 Any parcel that currently has water and or sewer service is eligible for a prorated system development charge is eligible for credit of the existing connection. Fee(s) based upon meter(s) proposed for final project will be reduced by the fee(s) based upon meter existing on site. 3 Unless a separate fire sprinkler service is provided, the system development charge(s) shall be based upon the size of the meter installed and a separate Fire sprinkler service fee will not be charged. (l) (m) Water quality/inspection/purity tests Water turn ons/offs after hours New water line chlorination fee. Fee plus $0.15 per lineal foot for any footage after the first two hundred fifty (250) lineal feet Installation of stub service and meter setter only. 1” meter installed by the City.2 Installation of stub service and meter setter only. 1‐1/2" meter installed by the City. 3/4” meter installed by City outside City limits 2 3/4” meter installed by City within City limits.2 SECTION XII. DEVELOPMENT FEES (CONTINUED) Site Work, Utilities, and Right of Way Fees: (Continued) 11 AGENDA ITEM #6. c) City of Renton Fee Schedule 2023‐2024 2023 2024 3. d. (e) (i)$4,735 $4,735 (ii)$950 $950 (4) (a)$50 $50 (b) (i)$500 $500 (ii)$2,000 $2,000 (iii)$25 $25 (c) (i)$50 $50 (ii)$250 $250 (ii) (1) (a)$375 $375 (b)$375 $375 (2) (a)$375 $375 (b)$375 $375 (3) (a)$375 $375 (b)$375 $375 (4) (a)$375 $375 (b)$375 $375 (5) (a)$375 $375 (b)$375 $375 (6)$375 $375 $375 $375 (iv)$525 $525 (v) (1)$500 $500 (2)$1,000 $1,000 e. (i) (1)$5,620 $5,620 (2) (a)$670 $670 (b)$670 + Time and Materials $670 + Time and Materials (c)$670 $670 (3) (a)Time and Materials Time and Materials (b)$135 $135 (c)$850 deposit + Time and $850 deposit + Time and (i) (1)$715.38 $715.38 (2)$1,430.76 $1,430.76 (3)$2,146.14 $2,146.14 (4)$2,861.51 $2,861.51 (5)$3,576.89 $3,576.89 (ii)Actual cost Actual cost (e)$270 $270 (f)Actual cost Actual cost (4) (a)$10.00 $10.00 (b)$20.00 $20.00 (c)$30.00 $30.00 (ii) (1)$370 $370 (2)$700 $700 (3)$375 $375 Surface water permit fee Repair or modification of any of the above Street light system fee, per new connection to power system Utility Locate Refresh Fee (Fee is due each time excavator calls in for locate refresh during 45‐day locate ticket) Ground water discharge (temporary connection to wastewater system for discharge of contaminated ground water over 50,000 gallons) Rate plus billed for current Renton and King County sewer rate on discharged amount (meter provided by property owner) Drop in meter only Hydrant Meter fees: Hydrant meter permit fee Deposits: 2” meter installed by the City. $220 (3)Water meter processing fees – Applicant installed: For meters larger than 2”, the applicant must provide materials and install the meter. $220 Installation of stub service and meter setter only. SECTION XII. DEVELOPMENT FEES (CONTINUED) Site Work, Utilities, and Right of Way Fees: (Continued) Utility Construction Permit Fees: (Continued) Large project locate Surface water permit fee 3/4” meter and backflow prevention assembly. 3” meter and backflow prevention assembly. Deposit processing charge, nonrefundable. Meter rental (begins on day of pickup): 3/4” meter and backflow prevention assembly. Per month. 3” meter and backflow prevention assembly. Per month. Wastewater and Surface Water Construction Permit Fees1: Residential: Wastewater permit fee Wastewater permit fee Right of Way (ROW) Use Permits Fees1 Small work, including trenching less than 60 linear feet or installation of 6 or less utility poles 1 This fee shall be $0 for Accessory Dwelling Units (ADU). Master Service Agreement Application Fee3 (7) 2 This fee shall be reduced by fifty percent (50%) for Accessory Dwelling Units (ADU). Cut and Cap/Demolition Permit: Wastewater permit fee Surface water permit fee Reinspection for Wastewater or Surface Water Permits All other reimbursement Tier 2, conduit outside of planter strips excluding signalized intersection crossings, bridges and train tracks Short‐Term ROW Permit Fees (duration 30 days or less)2,7: Public Reimbursement (any costs incurred by the City on behalf of the permit applicant for installation or operation of site equipment) All other fees6 Tier 1, Daily peak kWh <20 Tier 2, Daily peak kWh 21 ‐ 40 Tier 3, Daily peak kWh 41 ‐ 60 Tier 4, Daily peak kWh 61 ‐ 80 Tier 5, Daily peak kWh >81 (d) Site License Addendum Rent Conduit Lease Rates per Lineal Foot (annual fee): Tier 1, conduit in existing planter strips Electrical service (annual fee) Single family residence, one unit only All other uses, excluding those listed Wastewater or storm water service Tier 3, conduit within signalized intersection crossings, bridges and train tracks All other work, permit fee plus staff time per hour 6 Other public agencies constructing utilities within City right‐of‐way Small Cell Master Lease Agreement including Site License Addendum and Small Cell Permits Master Lease Agreement Administrative Costs, Staff time per hour and/or cost of materials.6 Pole Reservation, per pole Administrative Fee, Base plus time and/or cost of materials.6 plus King County sewer rate on discharged amount plus King County sewer rate on discharged amount Franchise Permit Fees: 4,5 Surface water permit fee Commercial: Wastewater permit fee Surface water permit fee Industrial: Wastewater permit fee Standard locate Franchise Permit Fees: 12 AGENDA ITEM #6. c) City of Renton Fee Schedule 2023‐2024 2023 2024 3. e. (iii) (1) (b) (i)$1,025 $1,025 (ii)$1,025 $1,025 (2) (i) (iv)$10 $10 f. (i)$280 $280 (ii)$280 $280 g. (i)$560 $560 (ii) (1)$840 $840 (2)$1,410 $1,410 (3)$2,250 $2,250 h. (i) (1) (a)$130/LF $130/LF (b)$150/LF $150/LF (ii)$158 $158 (iii)$158 $158 (iv)$158/hr $158/hr (v)$175/hr $175/hr (vi)$175/hr $175/hr (vii)Actual cost Actual cost (viii)$670 $670 2 Unscheduled work includes, but is not limited to, site work that is found to be occurring, or did occur, for which an inspection was not scheduled. Fee is subject to be applied for each occurrence but does not replace a stop work order or other code violation as determined applicable by the City. The fee is in addition to any other applicable inspection fees. The fee may provide day of inspection at the discretion and availablility of the City inspector. Street with existing conveyance ditch 2 Work and/or use of the right of way, including those associated with a Civil Construction Permit and excludes utilities from other public agencies and service providers which shall be considered under a franchise permit. Short‐Term ROW Permit Fee + LET9 Short‐Term ROW Permit Fee + LET9 Within City Limits8; Short‐Term ROW Permit Fee associated with use plus leasehold excise tax (LET)9 Service Installation Only Utility Extension per 100' of Length (Min 200' Length) All uses without public benefit; fee is a per month charge assessed annually based on property value 12 of land to be utilized, plus leasehold excise tax 9, if applicable. (a) Long Term ROW Permit Fees (duration over 30 days)2: SECTION XII. DEVELOPMENT FEES (CONTINUED) Site Work, Utilities, and Right of Way Fees: (Continued) Right of Way Use Permits Fees1 (Continued) 10 Insurance Required: Public Liability and property damage insurance is also required pursuant to RMC 9‐2‐5B, Minimum Permit Requirements for Excess Right‐of‐Way Use. King County ROW Permits/Inspections: Single family and two family uses11; fee assessed annually plus leasehold excise tax (LET)9, if applicable Duration greater than thirty (30) days but no more than one (1) year: Duration greater than one (1) year8,10: 0.5% x Value12 + LET9 0.5% x Value12 + LET9(ii) $50 + LET9 $50 + LET9 5 Applies only if permit review is requested by the applicant to be performed on Saturdays, Sundays, observed City of Renton holidays, and non‐holiday Monday‐Fridays outside of the hours of city staff regular work schedule 6 Any work performed by City forces or under City contract on behalf of a permit applicant to repair damage to the City infrastructure or caused by the permit applicant or contractor under its control, or any and all roadway or right‐of‐way cleanup efforts performed by City forces or under City contract that resulted from the work performed by the permit applicant or contractors under its control. 1 Bond required pursuant to RMC 9‐10‐5 3 The fixed application fee established herein is intended to cover the City’s internal administrative costs in processing and administering the franchise. In addition to the fixed application fee, the City may require applicants to either directly pay or reimburse the City for external costs reasonably incurred to process the application and/or administer the franchise agreement. The City may require applicants to deposit funds in advance to cover legal and/or other professional services fees as they are incurred. 4 The City may decide to contract with a consultant to perform plan reviews and inspections and may bill such costs and expenses directly to the applicant. 5 If a franchise agreement does not specify the fee amount, the generic fee, as identified in this fee schedule, shall be collected. 6 Regular hours and standard after hour and overtime fees apply. 11 Except those single family and two family uses that utilize right of way along a waterfront. 12 Right‐of‐way value shall be based on the assessed value of the land adjoining the property as established by the King County Assessor. Street with existing storm drainage main line Public Works Reimbursement6 Standard or minor drainage adjustment review All eligible uses except Single Family Additions less than 1,160 sq ft: 7A no fee permit may be issued for the following: individual homeowners performing work in street ROW for street tree or parking strip irrigation systems; residential moving pods or moving trucks provided that they are in the ROW for no more than three (3) days; use in CD zone provided ground disturbing activity is not proposed; and work associated with City of Renton capital improvement projects or City funded projects. 8 A no fee permit may be issued for the following: A public agency and when the proposed use of the right‐of‐way provides a direct service to the public (e.g., Metro applications for right‐of‐way for bus shelters); and work associated with City of Renton capital improvement projects or City funded projects. 9 Leasehold excise tax (LET) imposed pursuant to Chapter 82.29A RCW on leasehold interests for the use of real or personal public property shall be collected from the permittee at a rate established by the State of Washington. 3 Applies only to those fees that are noted as time and materials and performed during city staff regular work schedule. Single Family Additions less than 1,160 Sq Ft: Proportional share of the fee in lieu of all eligible uses fee based on square footage of addition. (2)(Sq Ft of addition / 1,160 sq ft) of Fee‐in‐lieu (Sq Ft of addition / 1,160 sq ft) of Fee‐in‐lieu Permit review staff overtime5 Regular Staff Review and Inspection Hours3 4 Applies to inspections performed on Saturdays, Sundays, observed City of Renton holidays, and non‐holiday Monday‐Fridays outside the hours of 7:00am to 3:30pm. Inspection for Unscheduled Work 2 After hours inspection 4 1 This fee shall be $0 for Accessory Dwelling Units (ADU). Oversize Load Permits (iii)All other uses; fee is a per year charge of assessed value of land adjoining the property 12, plus leasehold excise tax9, if applicable. In no case less than $50.00. 0.5% x Value12 + LET9 0.5% x Value12 + LET9 Processing and completion fee, payable upon Council approval of the vacation and upon administrative determination of appraised value of vacated right‐of‐way. Appraised Value of Vacated right‐of‐way: Street and Alley vacation Fees: The imposition, collection, payment and other specifics concerning this charge are detailed in chapter 9‐14 RMC, Vacations. Release of easement fees: The imposition, collection, payment and other specifics concerning this charge are detailed in chapter 9‐1 RMC, Easements. Filing fee Processing fee Filing fee Less than $25,000 $25,000 to $75,000 Re‐inspection Fee Over $75,000 Street Frontage Improvements Fee‐In‐Lieu:1 Miscellaneous Fees: 13 AGENDA ITEM #6. c) City of Renton Fee Schedule 2023‐2024 2023 2024 4. 5.0% 5.0% 5. a. (i) (1)$11,377 $15,510 (2)$4,718 $3,514 (ii) (1)$0.00 $0.00 (2)$0.00 $0.00 (iii) (1)$2,911 $2,161 (2)$3,697 $4,257 (iv)5% x School Impact Fee 5% x School Impact Fee b. ITE Land Use Codes (i)ITE LUC 220 $0.00 $0.00 (ii)ITE LUC 560 $6.02 $4.79 (iii)ITE LUC 936 $248.51 $175.21 (iv)ITE LUC 937 $261.04 $211.59 (v)ITE LUC 851 $249.31 $207.87 (vi)ITE LUC 565 $54.94 $19.81 (vii)ITE LUC 975 $69.16 $14.58 (viii)ITE LUC 912 $157.10 $120.84 (ix)ITE LUC 930 $68.10 (x)ITE LUC 933 $159.44 $180.23 (xi)ITE LUC 934 $203.13 $182.87 (xii)ITE LUC 945 $73,411.90 $89,966.30 (xiii)ITE LUC 944 $98,150.27 $87,536.72 (xiv)ITE LUC 110 $10.68 $6.36 (xv)ITE LUC 710 $16.39 $14.07 (xvi)ITE LUC 492 $40.49 $35.23 (xvii)ITE LUC 157 $2.57 (xiii)ITE LUC 155 $2.33 (xix)ITE LUC 156 $10.12 (xx)ITE LUC 154 $1.61 (xxi) ITE LUC 610 $8.76 $7.22 (xxii) ITE LUC 310 $4,819.16 $4,216.05 (xxiii)ITE LUC 130 $5.62 (xxiv) ITE LUC 140 $8.04 $10.36 (xxv)ITE LUC 420 $2,570.22 $2,286.67 (xxvi) ITE LUC 720 $37.02 $36.23 (xxvii) ITE LUC 240 $7,228.75 $7,068.11 (xxviii)ITE LUC 320 $4,417.57 $3,001.25 (xxix) ITE LUC 445 $722.88 $786.04 (xxx)ITE LUC 220 $7,550.02 $6,184.59 (xxxi) ITE LUC 620 $2,007.98 $1,285.11 (xxvii) ITE LUC 932 $68.51 $56.02 (xxxiii)ITE LUC 151 $1.50 (xxxiv)ITE LUC 251 $3,293.10 $3,694.69 (xxxv)ITE LUC 820 $29.88 $24.37 (xxxvi)ITE LUC 210 $12,208.54 $11,485.67 (xxxvii)ITE LUC 850 $73.97 $63.17 (xxxiii)ITE LUC 215 $6,345.23 $6,987.79 (xxxix)ITE LUC 150 $3.29 (xxxx)$8,031.94 $8,031.94 c. (i)$3,276.44 $3,276.44 (ii)$2,659.70 $2,659.70 (iii)$2,531.21 $2,531.21 (iv)$2,222.84 $2,222.84 (v)$2,325.63 $2,325.63 d. (i)$829.77 $421.98 (ii)$964.53 $579.41 (iii)$1.29 $346.22 (iv)$3.92 $1,052.00 (v)$0.26 $0.14 1 ITE LUC: Institutue of Transportation Engineers Land Use Codes defined in the 11th Edition ITE Trip Generation Handbook 2 Impact fees include a Passenger Car‐Equivalent (PCE) factor. 3 Applied fee reductions based on uses by percentage of Net New PM Peak Hour Person Vehicle Trip: Early Learning Facilities (i.e. Daycare) is 20% and Commercial/Retail/Industrial is 88.97% except uses with PCE factors which will remain at 100%. 4 All uses within the Center Downtown (CD) Zone shall be reduced to 20% of the assessed transportation impact fee. General Light Industrial, per sq foot High‐Cube Warehouse: Cold Storage, per sq foot2 High‐Cube Warehouse: Fulfillment Center (NS), per sq foot2 High‐Cube Warehouse: Parcel Hub, per sq foot2 High‐Cube Warehouse: Transload/Short‐Term, per sq foot2 Industrial Park, per sq foot2 Multifamily Housing, per dwelling Self‐service Storage, per sq foot Technology Surcharge Fee Impact Fees: SECTION XII. DEVELOPMENT FEES (CONTINUED) Transportation Impact Fees1,3,4: School Impact Fees: Issaquah School District Single Family Fee Multi Family, Duplex, & Accessory Dwelling Fee (ADU) Kent School District Single Family Fee Multi Family, Duplex, & Accessory Dwelling Fee (ADU) Renton School District Single Family Fee Multi Family, Duplex, & Accessory Dwelling Fee (ADU)1 School Impact Fee Administration An additional technology surcharge shall be required for all fees included in the following Subsections of Section XII, Development Fees, of the City of Renton Fee Schedule Brochure: Subsection 1, Building Fees; Subsection a, except for appeals, critical areas review fee, and direct EIS costs, of subsection 2, Land Use Review Fees; Subsections a, b, c(iii), d, and e, except Master Franchise/Small Cell Permit Application Fee and Long Term ROW Permit Fees (duration over one year), of subsection 3, Site Work, Utilities, and Right of Way Fees; and Section XIII, Fire Department Fire Marshall Fees 1 This fee shall be $0 for Accessory Dwelling Units (ADU). Fast food, with drive‐up, per sq foot Accessory Dwelling Unit (ADU), per dwelling Church, per sq foot Coffee/Donut Shop, no drive up, per sq foot Coffee/Donut Shop, with drive up, per sq foot Convenience market ‐ 24 hour, per sq foot Daycare, per sq foot Drinking Place, per sq foot Drive‐in bank, per sq foot Fast food, no drive‐up, per sq foot Fast Casual Dining with 30 seat max, incl. only walk‐up window, per sq foot Park Impact Fees: Single family Multi‐family: 2 units, Duplexes, & Accessory Dwelling Unit (ADU)1 Motel, per room Gas station with convenience store, per pump Gas station, per pump General office, per sq foot Health/fitness club, per sq foot Hospital, per sq foot Hotel, per room Manufacturing, per sq foot2 Marina, per boat berth Medical office, per sq foot Mobile home, per dwelling Movie theater, per seat Nursing home, per bed Restaurant: sit‐down, per sq foot Senior housing ‐ detached, per dwelling Shopping center, per sq foot Single family house, per dwelling Supermarket, per sq foot Net New PM Peak Hour Person Vehicle Trip (Proposed ‐ Existing), per PM Peak Hour Person Vehicle Trip Townhouses, per dwelling Warehouse, per sq foot2 Hotel/motel/resort, per room Medical care facility, per bed Office, per sq foot 1 This fee shall be $0 for Accessory Dwelling Units (ADU). Multi‐family: 5 or more units Mobile home Fire Impact Fees: Residential ‐ single family (detached dwellings & duplexes), per dwelling unit Residential ‐ multi family & Accessory Dwelling Unit (ADU)1, per dwelling unit Multi‐family: 3 or 4 units 14 AGENDA ITEM #6. c) City of Renton Fee Schedule 2023‐2024 2023 2024 5. (vi)$1.99 $0.61 (vii)$1.25 $0.66 (viii)$2.36 $0.42 (ix)$5.92 $1.44 (x)$0.15 $0.05 (xi)$0.56 $0.24 (xii)$0.72 $28.02 (xiii)$4.48 $0.13 e.$560 $560 f. (i)$100 $100 (ii)$100 $100 6. a.$1,000.00 $1,000.00 b. (i)$225.00 $225.00 (ii)$500.00 $500.00 SECTION XIII. FIRE DEPARMENT FIRE MARSHAL FEES (RFA)2023 2024 a. (i)$50 $50 (ii)$50 + 2% of the cost $50 + 2% of the cost (iii)$75 + 2% of the cost $75 + 2% of the cost (iv)$200 + 1.5% of the cost $200 + 1.5% of the cost (v)$450 + 1.2% of the cost $450 + 1.2% of the cost (vi)$950 + .75% of the cost $950 + .75% of the cost (vii) (viii) (ix) (x) (1)N/C N/C (2)$75 $75 (3)$150 $150 (xi)$35 $35 b. $150 $150 $75 $75 (iii)$250 $250 (vii)$200 $200 (ix)WFC Current Wage and Equipment Rate WFC Current Wage and Equipment Rate (x)$25 $25 $175 $150 $150 Multifamily Tax Exemption Application Tree Fee in lieu, credit replacement, and/or credit supplement Per diameter inch measured at 4.5 feet above grade Labor cost for each 2" caliper (or 6ft tall) tree to be planted Miscellaneous Fees $250 $250 (xi) (viii) Underground tank removal or abandonment‐in‐ place permit (residential) (vi) Impact Fee Deferral Administration: Each Lot, Single Family Dwelling, or Condominium Each Multi‐family Building $175 Fire plan review and inspection fees: $100,000.00 and above Construction Re‐inspection. Fee is per hour with a 2 hour minimum. The minimum may be assessed if the requested inspection does not meet the approval of the inspector. $0 to $249.99 $250.00 to $999.99 $1,000.00 to $4,999.99 $5,000.00 to $49,999.99 $50,000.00 to $99,999.99 Independent Fee Calculation Review (or unless otherwise established by School District or Renton Regional Fire Authority) SECTION XII. DEVELOPMENT FEES (CONTINUED) Impact Fees: (Continued) Medical/dental office, per sq foot Retail, per sq foot Leisure facilities, per sq foot Industrial/manufacturing, per sq foot Church, per sq foot Education, per student Special public facilities, per sq foot 1 This fee shall be $0 for Accessory Dwelling Units (ADU). Restaurant/lounge, per sq foot (iv) $175 $175 5% 5% Other requested inspection when not required by the fire code, or when requested for after hours inspections. Fee is per hour with a minimum 2 hours when approved by the Fire Marshal, such as home daycares. RFA technology surcharge fee applied to Fire Department Fire Marshal Fees, subsection a. (i, ii, iii, iv, v, vi) and subsection b. (iii) NSF check fees 20% of plan review fee ‐ Min. $75 20% of plan review fee ‐ Min. $75 $250 $250 See Fire plan review and construction permit fees See Fire plan review and construction permit fees Underground tank removal permit (commercial) Hazardous production materials permit (for businesses storing, handling, or using hazardous production materials as regulated in the fire code) permit is yearly (v) (VIII) Non‐emergency Billable Services (ie: boat assists, etc) Rates published at: www.washingtonfirechiefs.com Third and subsequent re‐Inspection/Pre‐Citation Follow‐Up Inspection when re‐inspections are required beyond the first and second re‐inspections Construction permit: Operational fire code permit (issued in accordance with Section 105.6 of the IFC) fee is yearly (includes items such as fire special events, covered stages, mobile food facilities, hot works, etc.) Permits for Mobile food facilities that have passed a fire and life safety inspection in another jurisdiction that has reciprocity with Renton RFA Hazardous materials and HPM facilities yearly Late Payment Penalty Violation/Second Re‐Inspection after 30‐day period (whenever 30 days or more have passed since Fire Department notification of a violation, which required a first re‐inspection, and such violation has not been remedied or granted an extension) Preventable Fire alarm fee: First, second, and third preventable alarms Fourth and fifth preventable alarms in a calendar year, fee is per each alarm. Sixth preventable alarm and successive preventable alarms in a calendar year, fee is per each alarm. Fire Permit type: (i) (ii) 15 AGENDA ITEM #6. c) City of Renton Fee Schedule 2023‐2024 2023 2024 3. a.RMC 2‐9‐8.C $73 $73 i. RMC 2‐9‐8.C.1 $73 $73 ii.RMC 2‐9‐8.C.2 $73 $73 iii.RMC 2‐9‐8.C.3 $73 $73 iv.RMC 2‐9‐8.C.4 $73 $73 v.RMC 2‐9‐8.C.5 $73 $73 vi.RMC 2‐9‐8.C.6 $73 $73 vii.RMC 2‐9‐8.C.7 $73 $73 viii.RMC 2‐9‐8.C.8 $73 $73 ix.RMC 2‐9‐8.C.9 $73 $73 x.RMC 2‐9‐8.C.10 $73 $73 xi.RMC 2‐9‐8.C.11 $73 $73 xii.RMC 2‐9‐8.C.12 $73 $73 xiii.RMC 2‐9‐8.C.13 $73 $73 xiv.RMC 2‐9‐8.C.14 $73 $73 xv.RMC 2‐9‐8.C.15 $73 $73 xvi.RMC 2‐9‐8.C.16 $73 $73 xvii.RMC 2‐9‐8.C.17 $73 $73 xviii.RMC 2‐9‐8.C.17 $73 $73 b.RMC 4‐5‐070.C.102 $49 $49 c.RMC 5‐4‐1 $49 $49 d.RMC 6‐14‐22 $50 $50 i. RMC 6‐14‐3 $50 $50 ii.RMC 6‐14‐4 $50 $50 iii.RMC 6‐14‐5 $50 $50 iv.RMC 6‐14‐6 $50 $50 v.RMC 6‐14‐7 $50 $50 vi.RMC 6‐14‐8 $50 $50 vii.RMC 6‐14‐10 $50 $50 viii.RMC 6‐14‐11 $50 $50 ix.RMC 6‐14‐12 $50 $50 x.RMC 6‐14‐13 $50 $50 xi.RMC 6‐14‐14 $50 $50 xii.RMC 6‐14‐15 $50 $50 xiii.RMC 6‐14‐16 $50 $50 xiv.RMC 6‐14‐17 $50 $50 xv.RMC 6‐14‐18 $50 $50 xvi.RMC 6‐14‐19 $50 $50 xvii.RMC 6‐14‐20 $50 $50 e.RMC 6‐6‐1.A $49 $49 f.RMC 6‐6‐5.A $49 $49 g.RMC 9‐17‐10 $100 $100 h.RMC 9‐3‐5 $42 $42 i.RMC 9‐3‐7 $42 $42 j.RMC 9‐3‐10 $122 $122 k.RMC 9‐3‐26 $42 $42 l.RMC 9‐3‐31 $42 $42 m.RMC 10‐12‐25 $67 $67 n.RMC 10‐12‐26 $42 $42 o.RMC 10‐12‐27 $42 $42 p.RMC 10‐12‐28.C $42 $42 q.RMC 10‐12‐28.D $42 $42 r.RMC 10‐12‐28.E.1 $42 $42 s.RMC 10‐12‐28.E.2 $42 $42 t.RMC 10‐12‐28.F $42 $42 u.RMC 10‐12‐28.G $42 $42 v.RMC 10‐12‐28.H $42 $42 w.RMC 10‐2‐5 $47 $47 $48 $48 Owner to Maintain Premises Free of Litter Litter of Vacant Lots Unsafe Use of Scooter Operating Scooter When Prohibited Use of Scooter Where Prohibited Use of Scooter Without a Helmet No Reflectors on Scooter No Muffler on Scooter Scooter Operator Under Age 13 Prohibiting Distribution of Handbills Where Properly Posted Distributing Handbills at Inhabited Private Premises Dropping Litter from Aircraft Posting Notices Prohibited Litter on Occupied Private Property Truck Loads Causing Litter Litter in Lakes and Fountains Throwing/Distributing Commercial Handbills in Public Places Placing Handbills on Vehicles Depositing Handbills on Uninhabited/Vacant Premises Smoking in Park Litter in Public Spaces Placement of Litter in Receptacles Sweeping Litter in Gutters Merchants’ Duty Glass Container in Park with Swimming Area Group Rally/Special Use Permit Parking & Mooring Violation City Events Violation Alcohol in Park Vehicle/Boat Repair in Park Racing in Park SCUBA Diving in Park Camping/Overnight Stay in Parks Metal Detecting All other violations identified by Renton Municipal Code as an infraction not listed or otherwise specified by court rule or law. Animal Control – No License Littering Animal Control – Animal at Large Animal Control – Animal/Fowl Habitual Noise Violation of ATV Ordinance Inattentive Driving Truck Route Violation Avoiding Intersection Encroachment on Public Property Negligent Operation of Watercraft Speed Regulations of Watercraft Obstructions of Waterways Equipment Numbering Violation Violation of Rules of the Road Litter Thrown By Persons in Vehicles Violation of Park Rules (Civil Infraction) Possession/Sale/Discharge of Fireworks SECTION XIV. MONETARY PENALTY SCHEDULE FOR INFRACTIONS ISSUED UNDER THE AUTHORITY OF CHAPTER 7.80 RCW Effect of Schedule. This schedule establishes default base penalties for violations of the Renton Municipal Code that are issued as infractions under the authority of RCW 7.80 RCW, but these penalties do not include any state‐imposed statutory assessments. Except as otherwise prohibited by law or court rule, a court with jurisdiction over the infraction may impose on a defendant a lesser penalty in an individual case. Provided that, whenever the base penalty plus mandatory statutory assessments results in a total payment that is not an even dollar amount, the base penalty is deemed to be amended to a higher amount which produces the next greatest even dollar total Penalties Established by Court Rule or Specific Penalty Established by Law. This schedule does not apply to penalties established by state or local court rule or to a penalty that is established in law with a specific amount (i.e. ordinance or statute setting a penalty equal to a specified amount rather than a penalty up to a maximum amount). To the extent a penalty scheduled herein conflicts with a state or local court rule or a penalty that is established in law, this schedule shall be deemed preempted by the court rule or penalty established in law Penalties: The following violations shall carry the following listed default base penalty, not including statutory assessments: 1. 2. Fire/Barbeque in Park Activities Prohibited in a Park Disregard Park Trail Sign Unauthorized Vehicle in a Park Operating Motorized Vehicle on Park Trail Dismount Zone Violation Speeding on Trails 16 AGENDA ITEM #6. c) AB - 3550 City Council Regular Meeting - 15 Apr 2024 SUBJECT/TITLE: Participation in Settlement with Opioid Distributor Janssen RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Finance Department STAFF CONTACT: Sean Hollingsworth, Senior Finance Analyst EXT.: 6953 FISCAL IMPACT SUMMARY: The total settlement is estimated to be $472,000 in addition to the funds that have already been allocated to the city through the previously approved settlements. The local government share is a one-time payment of $61.67 million, provided the same amount of city and county participation as previous settlements. The City of Renton's share of this is 0.765%. SUMMARY OF ACTION: In March 2022, over 6,500 cities and counties nationwide reached a settlement with opioid distributor companies to resolve “opioid-related claims.” In exchange for the approximately $26 billion-dollar national settlement, the local governments agreed to provide a broad release of past and future claims against the distributors. In April 2022, the Council authorized Renton to sign the One Washington MOU, an agreement among the non- litigating jurisdictions as to the distribution of the funds among Washington’s local governments and an agreement as to the authorized uses of these funds. A new settlement has now been reached with the following distribution company: Janssen. The City will need to sign the attached Participation Form and Allocation Agreement, and return to the state by May 11, 2024, to be eligible to receive the additional funding from the added settlement. On January 22nd, 2024, Washington State signed an additional opioid settlement with Janssen to receive $123.34 million dollars in addition to the $518 million in October 2022. Washington State will keep 50% of the funds and allocate out $61.67 million dollars to participating local cities and counties using the same allocation as previous settlements assuming the same level of participation. EXHIBITS: A. Issue Paper B. Distributor Settlement Agreement C. Participation Form - Janssen STAFF RECOMMENDATION: Staff recommends authorization to sign the Participation Form and Allocation Agreement which will include Renton in the final settlement agreement with Janssen. AGENDA ITEM #6. d) Finance Department Memorandum DATE:April 15, 2024 TO:Ed Prince, Council President Members of Renton City Council CC:Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer FROM:Sean Hollingsworth, Senior Finance Analyst SUBJECT:Janssen Opioid Distributor Settlement Agreement ISSUE Should the city participate in the state-wide Janssen Opioid Distributor Settlement Agreement to receive an estimated $472,000 in additional opioid abatement settlement funds in relation to the One Washington MOU? BACKGROUND On October 3rd, 2022, Washington State announced that it would receive $518 million dollars under a resolution with companies found to have played key roles in fueling the opioid epidemic. The city entered a memorandum of understanding (MOU) with the state on April 4th, 2023, to participate in the opioid settlement and receive an allocation of funds to be used exclusively for opioid remediation. This MOU requires the formation of an opioid abatement council (OAC), specifically within the King County region of which the city joined in June 2023. On January 22nd, 2024, Washington State signed an additional opioid settlement with Janssen to receive $123.34 million dollars in addition to the AGENDA ITEM #6. d) $518 million in October 2022. Washington State will keep 50% of the funds and allocate out $61.67 million dollars to participating local cities and counties using the same allocation as previous settlements assuming the same level of participation. RECOMMENDED ACTION Staff recommends Council authorize the adoption and participation in the state-wide Janssen Opioid Distributor Settlement Agreement to receive additional opioid settlement funds related to the Washington State MOU. AGENDA ITEM #6. d) 1 JANSSEN WASHINGTON STATE-WIDE OPIOID SETTLEMENT AGREEMENT I. Overview This settlement agreement (the “Agreement”) sets forth the terms and conditions of a settlement agreement between and among Janssen, the State of Washington, and Participating Subdivisions (as those terms are defined below). Janssen has agreed to the below terms for the sole purpose of settlement, and nothing herein may be taken as or construed to be an admission or concession of any violation of law, rule, or regulation, or of any other matter of fact or law, or of any liability or wrongdoing, all of which Janssen expressly denies. No part of this Agreement, including its statements and commitments, shall constitute evidence of any liability, fault, or wrongdoing by Janssen. Unless the contrary is expressly stated, this Agreement is not intended for use by any third party for any purpose, including submission to any court for any purpose. II. Definitions Unless otherwise specified, the following definitions apply: 1. “Agreement” means this agreement as set forth above, inclusive of all exhibits. 2. “Alleged Harms” means the alleged past, present, and future financial, societal, and related expenditures arising out of the alleged misuse and abuse of opioid products, that have allegedly been caused by Janssen. 3. “Attorney” means any of the following retained through a legal contract: a solo practitioner, multi-attorney law firm, or other legal representative of a Participating Subdivision. 4. “Claim” means any past, present or future cause of action, claim for relief, cross- claim or counterclaim, theory of liability, demand, derivative claim, request, assessment, charge, covenant, damage, debt, lien, loss, penalty, judgment, right, obligation, dispute, suit, contract, controversy, agreement, parens patriae claim, promise, performance, warranty, omission, or grievance of any nature whatsoever, whether legal, equitable, statutory, regulatory or administrative, whether arising under federal, state or local common law, statute, regulation, guidance, ordinance or principles of equity, whether filed or unfiled, whether asserted or unasserted, whether known or unknown, whether accrued or unaccrued, whether foreseen, unforeseen or unforeseeable, whether discovered or undiscovered, whether suspected or unsuspected, whether fixed or contingent, and whether existing or hereafter arising, in all such cases, including but not limited to any request for declaratory, injunctive, or equitable relief, compensatory, punitive, or statutory damages, absolute liability, strict liability, restitution, subrogation, contribution, indemnity, apportionment, disgorgement, reimbursement, attorney fees, expert fees, consultant fees, fines, penalties, expenses, costs or any other legal, equitable, civil, administrative, or regulatory remedy whatsoever. AGENDA ITEM #6. d) 2 5. “Claim Over” means a Claim asserted by a Non-Released Entity against a Released Entity on the basis of contribution, indemnity, or other claim-over on any theory relating to a Non-Party Covered Conduct Claim asserted by a Releasor. 6. “Compensatory Restitution Amount” means the aggregate amount of payments by Janssen hereunder other than amounts used for attorneys’ fees and costs. 7. “Consent Judgment” means a consent judgment in the form attached as Exhibit E. 8. “Court” means the court to which the Agreement and the Consent Judgment are presented for approval and/or entry. 9. “Covered Conduct” means any actual or alleged act, failure to act, negligence, statement, error, omission, breach of any duty, conduct, event, transaction, agreement, misstatement, misleading statement or other activity of any kind whatsoever from the beginning of time through the Effective Date (and any past, present, or future consequence of any such act, failure to act, negligence, statement, error, omission, breach of duty, conduct, event, transaction, agreement, misstatement, misleading statement or other activity) relating in any way to (a) the discovery, development, manufacture, packaging, repackaging, marketing, promotion, advertising, labeling, recall, withdrawal, distribution, delivery, monitoring, reporting, supply, sale, prescribing, dispensing, physical security, warehousing, use or abuse of, or operating procedures relating to any Product, or any system, plan, policy, or advocacy relating to any Product or class of Products, including but not limited to any unbranded promotion, marketing, programs, or campaigns relating to any Product or class of Products; (b) the characteristics, properties, risks, or benefits of any Product; (c) the reporting, disclosure, non- reporting or non-disclosure to federal, state or other regulators of orders for any Product placed with any Released Entity; (d) the selective breeding, harvesting, extracting, purifying, exporting, importing, applying for quota for, procuring quota for, handling, promoting, manufacturing, processing, packaging, supplying, distributing, converting, or selling of, or otherwise engaging in any activity relating to, precursor or component Products, including but not limited to natural, synthetic, semi-synthetic or chemical raw materials, starting materials, finished active pharmaceutical ingredients, drug substances, or any related intermediate Products; or (e) diversion control programs or suspicious order monitoring related to any Product. 10. “Effective Date” means January 22, 2024. 11. “Janssen” means Johnson & Johnson, Johnson & Johnson Innovative Medicine, Janssen Pharmaceuticals, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc., and Janssen Pharmaceutica, Inc. 12. “Litigating Subdivision” means a Subdivision (or Subdivision official asserting the right of or for the Subdivision or the State to recover for alleged harms to the Subdivision, the State, and/or the people thereof) that brought any Released Claims against any Released Entity on or before the Effective Date that were not separately AGENDA ITEM #6. d) 3 resolved prior to that date. A list of all Litigating Subdivisions known to the Parties is included in Exhibit F hereto. 13. “Net Settlement Amount” means the amount paid by Janssen into the Settlement Fund under subsection V.C. For the avoidance of doubt, the Net Settlement Amount does not include amounts paid for State Outside and Inside Counsel Fees and Costs pursuant to subsection IX.A. 14. “Non-Litigating Subdivision” means a Subdivision that is not a Litigating Subdivision. 15. “Non-Party Covered Conduct Claim” means a Claim against any Non-Released Entity involving, arising out of, or related to Covered Conduct (or conduct that would be Covered Conduct if engaged in by a Released Entity). 16. “Non-Party Settlement” means a settlement by any Releasor that settles any Non- Party Covered Conduct Claim and includes a release of any Non-Released Entity. 17. “Non-Released Entity” means an entity that is not a Released Entity. 18. “Opioid Remediation” means care, treatment, and other programs and expenditures (including reimbursement for past such programs or expenditures except where this Agreement restricts the use of funds solely to future Opioid Remediation) designed to (1) address the misuse and abuse of opioid products, (2) treat or mitigate opioid use or related disorders, or (3) mitigate other alleged effects of the opioid abuse crisis, including on those injured as a result of the opioid abuse crisis. Exhibit J provides a non-exhaustive list of expenditures that qualify as being paid for Opioid Remediation. Qualifying expenditures may include reasonable related administrative expenses. 19. “Participating Subdivision” means a Subdivision that meets the requirements for becoming a Participating Subdivision under Section VII. 20. “Parties” means Janssen and the State of Washington (each, a “Party”). 21. “Product” means any chemical substance, whether used for medicinal or non- medicinal purposes, and whether natural, synthetic, or semi-synthetic, or any finished pharmaceutical product made from or with such substance, that is an opioid or opiate, as well as any product containing any such substance. It also includes: 1) the following when used in combination with opioids or opiates: benzodiazepine, carisoprodol, zolpidem, or gabapentin; and 2) a combination or “cocktail” of any stimulant or other chemical substance prescribed, sold, bought, or dispensed to be used together that includes opioids or opiates. For the avoidance of doubt, “Product” does not include benzodiazepine, carisoprodol, zolpidem, or gabapentin when not used in combination with opioids or opiates. “Product” includes but is not limited to any substance consisting of or containing buprenorphine, codeine, fentanyl, hydrocodone, hydromorphone, meperidine, methadone, morphine, naloxone, AGENDA ITEM #6. d) 4 naltrexone, oxycodone, oxymorphone, tapentadol, tramadol, opium, heroin, carfentanil, any variant of these substances, or any similar substance. “Product” also includes any natural, synthetic, semi-synthetic or chemical raw materials, starting materials, finished active pharmaceutical ingredients, drug substances, and any related intermediate products used or created in the manufacturing process for any of the substances described in the preceding sentence. 22. “Released Claims” means any and all Claims that directly or indirectly are based on, arise out of, or in any way relate to or concern the Covered Conduct occurring prior to the Effective Date. Without limiting the foregoing, “Released Claims” include any Claims that have been asserted against the Released Entities by the State or any of its Litigating Subdivisions in any federal, state or local action or proceeding (whether judicial, arbitral, or administrative) based on, arising out of or relating to, in whole or in part, the Covered Conduct, or any such Claims that could be or could have been asserted now or in the future in those actions or in any comparable action or proceeding brought by the State, any of its Subdivisions, or any Releasors (whether or not such State, Subdivision, or Releasor has brought such action or proceeding), provided the Covered Conduct occurs prior to the Effective Date. Released Claims also include all Claims asserted in any proceeding to be dismissed pursuant to the Agreement, whether or not such claims relate to Covered Conduct, provided the Covered Conduct occurs prior to the Effective Date. The Parties intend that “Released Claims” be interpreted broadly. This Agreement does not release Claims by private individuals. It is the intent of the Parties that Claims by private individuals be treated in accordance with applicable law. Released Claims is also used herein to describe Claims brought by a Subdivision or other non-party Subdivision after the Effective Date that would have been Released Claims if they had been brought by a Releasor against a Released Entity. 23. “Released Entities” means Janssen and (1) all of Janssen’s past and present direct or indirect parents, subsidiaries, divisions, predecessors, successors, assigns, including Noramco, Inc. and Tasmanian Alkaloids PTY. LTD.; (2) the past and present direct or indirect subsidiaries, divisions, and joint ventures, of any of the foregoing; (3) all of Janssen’s insurers (solely in their role as insurers with respect to the Released Claims); (4) all of Janssen’s, or of any entity described in subsection (1), past and present joint ventures; and (5) the respective past and present officers, directors, members, shareholders (solely in their capacity as shareholders of the foregoing entities), partners, trustees, agents, and employees of any of the foregoing (for actions that occurred during and related to their work for, or employment with, Janssen). Any person or entity described in subsections (3)-(5) shall be a Released Entity solely in the capacity described in such clause and shall not be a Released Entity with respect to its conduct in any other capacity. For the avoidance of doubt, the entities listed in Exhibit D are not Released Entities; and provided further that any joint venture partner of Janssen or Janssen’s subsidiary is not a Released Entity unless it falls within subsections (1)-(5) above. A list of Janssen’s present subsidiaries and affiliates is attached as Exhibit G. Janssen’s predecessor entities include but are not limited to those entities listed on Exhibit A. For the avoidance of AGENDA ITEM #6. d) 5 doubt, any entity acquired, or joint venture entered into, by Janssen after the Effective Date is not a Released Entity. 24. “Releasors” means (1) the State; (2) each Participating Subdivision; and (3) without limitation and to the maximum extent of the power of the State’s Attorney General and/or Participating Subdivision to release the Claims, (a) the State’s and Participating Subdivision’s departments, agencies, divisions, boards, commissions, Subdivisions, districts, instrumentalities of any kind and attorneys, including its Attorney General, 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, (b) any public entities, public instrumentalities, public educational institutions, unincorporated districts, fire districts, irrigation districts, water districts, law enforcement districts, emergency services districts, school districts, hospital districts and other Subdivisions in the State, and (c) any person or entity acting in a parens patriae, sovereign, quasi- sovereign, private attorney general, qui tam, taxpayer, or other capacity seeking relief on behalf of or generally applicable to the general public with respect to the State or Subdivision in the State, whether or not any of them participate in the Agreement. The inclusion of a specific reference to a type of entity in this definition shall not be construed as meaning that the entity is not a Subdivision. In addition to being a Releasor as provided herein, a Participating Subdivision shall also provide the Settlement Participation Form referenced in Section VII providing for a release to the fullest extent of the Participating Subdivision’s authority, which shall be attached as an exhibit to the Agreement. The State’s Attorney General represents that he or she has or has obtained the authority set forth in the Representation and Warranty subsection of Section IV. 25. “Settlement Fund” means the interest-bearing fund established under the Agreement into which all Net Settlement Amount payments by Janssen are made. 26. “Settlement Fund Administrator” means the entity that calculates the allocation of payments under Section VI of this Agreement, and administers and distributes amounts from the Settlement Fund. A detailed description of the Settlement Fund Administrator’s duties, including a detailed mechanism for paying the Settlement Fund Administrator’s fees and costs, shall be appended to the Agreement as Exhibit I. 27. “Settlement Participation Form” means the form attached as Exhibit B that Participating Subdivisions must execute and return to Janssen and the State of Washington, and which shall (1) make such Participating Subdivisions signatories to this Agreement, (2) include a full and complete release of any and of such Subdivision’s claims, and (3) require the prompt dismissal with prejudice of any Released Claims that have been filed by any such Participating Subdivision. 28. “Special District” means a formal and legally recognized sub-entity of the State that is authorized by State law to provide one or a limited number of designated AGENDA ITEM #6. d) 6 functions, including but not limited to school districts, fire districts, healthcare & hospital districts, and emergency services districts. 29. “State” means the State of Washington. 30. “State Outside and Inside Counsel Fees and Costs” means fees and costs of the Washington Attorney General’s Office and State Outside Counsel. 31. “State Outside Counsel” means Nix Patterson, LLP and Whitten Burrage, who were engaged by the Washington Attorney General’s Office for State of Washington v. Johnson & Johnson, et al., King County Superior Court, Cause No. 20-2-00184- 8SEA. 32. “Subdivision” means a formal and legally recognized sub-entity of the State that provides general governance for a defined area, including a county, city, town, village, or similar entity. Unless otherwise specified, “Subdivision” includes all functional counties and other functional levels of sub-entities of the State that provide general governance for a defined area. Historic, non-functioning sub-entities of the State are not Subdivisions, unless the entity has filed a lawsuit that includes a Released Claim against a Released Entity in a direct, parens patriae, or any other capacity. For purposes of this Agreement, the term Subdivision also includes Special Districts. III. Injunctive Relief As part of the Consent Judgment, the Parties agree to the injunctive relief terms attached as Exhibit C. IV. Release A. Scope. As of the Effective Date, the Released Entities will be released and forever discharged from all of the Releasors’ Released Claims. The State of Washington (for itself and its Releasors) and each Participating Subdivision (for itself and its Releasors) will, on or before the Effective Date, absolutely, unconditionally, and irrevocably covenant 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 Agreement 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 State and its Attorney General to release claims. The Release shall be a complete bar to any Released Claim. B. Claim Over and Non-Party Settlement. 1. Statement of Intent. It is the intent of the Parties that: AGENDA ITEM #6. d) 7 a. Released Entities should not seek contribution or indemnification (other than pursuant to an insurance contract) from other parties for their payment obligations under this Agreement; b. The payments made under this Agreement shall be the sole payments made by the Released Entities to the Releasors involving, arising out of, or related to Covered Conduct (or conduct that would be Covered Conduct if engaged in by a Released Entity); c. Claims by Releasors against non-Parties should not result in additional payments by Released Entities, whether through contribution, indemnification or any other means; and d. The Agreement meets the requirements of the Uniform Contribution Among Joint Tortfeasors Act and any similar state law or doctrine that reduces or discharges a released party’s liability to any other parties. e. The provisions of this subsection IV.B are intended to be implemented consistent with these principles. This Agreement and the releases and dismissals provided for herein are made in good faith. 2. Contribution/Indemnity Prohibited. No Released Entity shall seek to recover for amounts paid under this Agreement based on indemnification, contribution, or any other theory from a manufacturer, pharmacy, hospital, pharmacy benefit manager, health insurer, third-party vendor, trade association, distributor, or health care practitioner, provided that a Released Entity shall be relieved of this prohibition with respect to any entity that asserts a Claim-Over against it. For the avoidance of doubt, nothing herein shall prohibit a Released Entity from recovering amounts owed pursuant to insurance contracts. 3. Non-Party Settlement. To the extent that, on or after the Effective Date, any Releasor enters into a Non-Party Settlement, including in any bankruptcy case or through any plan of reorganization (whether individually or as a class of creditors), the Releasor will include (or in the case of a Non-Party Settlement made in connection with a bankruptcy case, will cause the debtor to include), unless prohibited from doing so under applicable law, in the Non-Party Settlement a prohibition on contribution or indemnity of any kind substantially equivalent to that required from Janssen in subsection IV.B.2, or a release from such Non-Released Entity in favor of the Released Entities (in a form equivalent to the releases contained in this Agreement) of any Claim-Over. The obligation to obtain the prohibition and/or release required by this subsection is a material term of this Agreement. 4. Claim-Over. In the event that any Releasor obtains a judgment with respect to Non- Party Covered Conduct against a Non-Released Entity that does not contain a prohibition like that in subsection IV.B.3, or any Releasor files a Non-Party Covered Conduct Claim against a Non-Released Entity in bankruptcy or a Releasor is prevented for any reason from obtaining a prohibition/release in a Non-Party AGENDA ITEM #6. d) 8 Settlement as provided in subsection IV.B.3, and such Non-Released Entity asserts a Claim-Over against a Released Entity, that Releasor and Janssen shall take the following actions to ensure that the Released Entities do not pay more with respect to Covered Conduct to Releasors or to Non-Released Entities than the amounts owed under this Agreement by Janssen: a. Janssen shall notify that Releasor of the Claim-Over within thirty (30) days of the assertion of the Claim-Over or thirty (30) days of the Effective Date of this Agreement, whichever is later; b. Janssen and that Releasor shall meet and confer concerning the means to hold Released Entities harmless and ensure that it is not required to pay more with respect to Covered Conduct than the amounts owed by Janssen under this Agreement; c. That Releasor and Janssen shall take steps sufficient and permissible under the law of the State of the Releasor to hold Released Entities harmless from the Claim-Over and ensure Released Entities are not required to pay more with respect to Covered Conduct than the amounts owed by Janssen under this Settlement Agreement. Such steps may include, where permissible: (1) Filing of motions to dismiss or such other appropriate motion by Janssen or Released Entities, and supported by Releasors, in response to any claim filed in litigation or arbitration; (2) Reduction of that Releasor’s Claim and any judgment it has obtained or may obtain against such Non-Released Entity by whatever amount or percentage is necessary to extinguish such Claim-Over under applicable law, up to the amount that Releasor has obtained, may obtain, or has authority to control from such Non-Released Entity; (3) Placement into escrow of funds paid by the Non-Released Entities such that those funds are available to satisfy the Claim-Over; (4) Return of monies paid by Janssen to that Releasor under this Settlement Agreement to permit satisfaction of a judgment against or settlement with the Non-Released Entity to satisfy the Claim-Over; (5) Payment of monies to Janssen by that Releasor to ensure it is held harmless from such Claim-Over, up to the amount that Releasor has obtained, may obtain, or has authority to control from such Non- Released Entity; (6) Credit to Janssen under this Settlement Agreement to reduce the overall amounts to be paid under the Settlement Agreement such that it is held harmless from the Claim-Over; and AGENDA ITEM #6. d) 9 (7) Such other actions as that Releasor and Janssen may devise to hold Janssen harmless from the Claim Over. d. The actions of that Releasor and Janssen taken pursuant to paragraph (c) must, in combination, ensure Janssen is not required to pay more with respect to Covered Conduct than the amounts owed by Janssen under this Settlement Agreement. e. In the event of any dispute over the sufficiency of the actions taken pursuant to paragraph (c), that Releasor and Janssen may seek review by the court that enters the Consent Judgment pursuant to Section X. 5. To the extent that the Claim-Over is based on a contractual indemnity, the obligations under subsection IV.B.4 shall extend solely to a Non-Party Covered Conduct Claim against a pharmacy, clinic, hospital or other purchaser or dispenser of Products, a manufacturer that sold Products, a consultant, and/or a pharmacy benefit manager or other third-party payor. Janssen shall notify the State, to the extent permitted by applicable law, in the event that any of these types of Non-Released Entities asserts a Claim-Over arising out of contractual indemnity against it. C. General Release. In connection with the releases provided for in the Agreement, the State (for itself and its Releasors) and each Participating Subdivision (for itself and its Releasors) will expressly waive, release, and forever discharge 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 thereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but the State (for itself and its Releasors) and each Participating Subdivision (for itself and its Releasors) will expressly waive and fully, finally, and forever settle, release and discharge, 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 State’s decision to enter into the Agreement or the Participating Subdivisions’ decision to participate in the Agreement. D. Res Judicata. Nothing in the Agreement shall be deemed to reduce the scope of the res judicata or claim preclusive effect that the settlement memorialized in the Agreement, and/or any Consent Judgment or other judgment entered on the Agreement, gives rise to under applicable law. AGENDA ITEM #6. d) 10 E. Representation and Warranty. The signatories hereto on behalf of the State expressly represent and warrant that they will obtain on or before the Effective Date (or have obtained) the authority to settle and release, to the maximum extent of the State’s power, all Released Claims of (1) the State; (2) all past and present executive departments, state agencies, divisions, boards, commissions and instrumentalities with the regulatory authority to enforce state and federal controlled substances acts; (3) any of the State’s past and present executive departments, agencies, divisions, boards, commissions and instrumentalities that have the authority to bring Claims related to Covered Conduct seeking money (including abatement and/or remediation) or revocation of a pharmaceutical distribution license; and (4) any Participating Subdivisions. For the purposes of clause (3) above, executive departments, agencies, divisions, boards, commissions, and instrumentalities are those that are under the executive authority or direct control of the State’s Governor. Also, for the purposes of clause (3), a release from the State’s Governor is sufficient to demonstrate that the appropriate releases have been obtained. F. Effectiveness. The releases set forth in the Agreement shall not be impacted in any way by any dispute that exists, has existed, or may later exist between or among the Releasors. Nor shall such releases be impacted in any way by any current or future law, regulation, ordinance, or court or agency order limiting, seizing, or controlling the distribution or use of the settlement funds or any portion thereof, or by the enactment of future laws, or by any seizure of the settlement funds or any portion thereof. G. Cooperation. Releasors (i) will not encourage any person or entity to bring or maintain any Released Claim against any Released Entity and (ii) will reasonably cooperate with and not oppose any effort by a Released Entity to secure the prompt dismissal of any and all Released Claims. H. Non-Released Claims. Notwithstanding the foregoing or anything in the definition of Released Claims, the Agreement does not waive, release or limit any criminal liability, Claims for any outstanding liability under any tax or securities law, Claims against parties who are not Released Entities, Claims by private individuals and any claims arising under the Agreement for enforcement of the Agreement. V. Monetary Relief and Payments A. Participation. As consideration for the releases from the State and Participating Subdivisions provided in Section IV above and the Settlement Participation Forms specified in Section VII and Exhibit B below, the State represents and warrants that, subject to the holdback provision in subsection V.D below, it will obtain and deliver (or cause to be obtained and delivered) to Janssen, within one hundred ten (110) days after the Effective Date or such later date as the parties may agree, executed Settlement Participation Forms for all Litigating Subdivisions and all Non-Litigating Subdivisions listed on Exhibit F. B. Conditions to Effectiveness of Agreement . If the State is able to obtain and deliver executed Settlement Participation Forms for all Litigating Subdivisions listed on Exhibit F to Janssen within one hundred ten (110) days after the Effective Date or such later date as the parties may agree, this Agreement shall become effective. If the State is unable to obtain and AGENDA ITEM #6. d) 11 deliver executed Settlement Participation Forms for all Litigating Subdivisions listed on Exhibit F to Janssen within one hundred ten (110) days after the Effective Date or such later date as the parties may agree, this Agreement will have no further effect and all releases and other commitments or obligations contained herein will be void. C. Remediation and Restitution Payments. Within twenty-one (21) days after the effectiveness of this Agreement as provided for in subsection V.B above, Janssen shall pay into the Settlement Fund a Net Settlement Amount of $123,340,000, plus fees and costs payable to the Washington Attorney General set forth in subsection IX.A, subject to any holdback under subsection V.D below. D. Holdback for Non-Litigating Subdivisions . If, by the date this Agreement becomes effective as provided for in subsection V.B, any Non-Litigating Subdivision listed on Exhibit F has not executed a Settlement Participation Form or has not provided Janssen an acknowledgement that the Subdivision has no intention to file a lawsuit asserting Released Claims against Released Entities, then Janssen will hold back $6,167,000 from the Net Settlement Amount payment described in subsection V.B above, which Janssen will not pay to the Settlement Fund; provided, however, Janssen will pay the $6,167,000 to the Settlement Fund (1) within thirty (30) days of the date all remaining Non-Litigating Subdivision(s) listed on Exhibit F have executed a Settlement Participation Form and those Forms have been delivered to Janssen; or (2) within (30) days after the two-year anniversary of the Effective Date, if all such Non-Litigating Subdivisions on Exhibit F have not executed Settlement Participation Forms, and no such Non-Litigating Subdivision listed on Exhibit F has filed litigation asserting Released Claims within two years after the Effective Date. VI. Intra-State Allocation A. Janssen’s Net Settlement Amount payments to the Settlement Fund shall be allocated as follows: 1. Fifty percent (50%) to the State of Washington. 2. Fifty percent (50%) to the Participating Local Governments (“LG Share”). B. The LG Share remainder shall be distributed to Participating Local Governments pursuant to the One Washington Memorandum of Understanding Between Washington Municipalities (“One Washington MOU”), which is attached as Exhibit H. C. BrownGreer PLC shall be the Settlement Fund Administrator and shall allocate and distribute payments in accordance with the terms of the One Washington MOU and this Agreement, including the detailed description of the Settlement Fund Administrator’s duties attached as Exhibit I. As set forth in Exhibit I, the Settlement Fund Administrator’s fees and costs shall be paid from the interest on the LG Share portion of the funds in the Settlement Fund between the date of Janssen’s payment and the date of disbursement to the Subdivisions. If the aforementioned interest is insufficient to pay the full amount of the Settlement Fund Administrator’s fees and costs, the remainder shall be paid by Janssen. AGENDA ITEM #6. d) 12 D. Use of Net Settlement Amount. 1. It is the intent of the Parties that the payments disbursed from the Settlement Fund to the State and Participating Subdivisions listed in Exhibit F be for Opioid Remediation, subject to limited exceptions that must be documented in accordance with subsection VI.D.2. In no event may less than 85% of Janssen’s Net Settlement Amount payment be spent on Opioid Remediation. 2. While disfavored by the Parties, the State or a Participating Subdivision listed on Exhibit F may use monies from the Settlement Fund for purposes that do not qualify as Opioid Remediation. If, at any time, the State or a Participating Subdivision listed on Exhibit F uses any monies from the Settlement Fund for a purpose that does not qualify as Opioid Remediation, the State or Participating Subdivision shall identify such amounts and report to the Settlement Fund Administrator and Janssen how such funds were used, including if used to pay attorneys’ fees other than those provided for in subsection IX.B which shall be identified by BrownGreer, investigation costs, litigation costs, or costs related to the operation and enforcement of this Agreement. It is the intent of the Parties that the reporting under this subsection VI.D.2 shall be available to the public. For the avoidance of doubt, (a) any amounts not identified under this subsection VI.D.2 as used to pay attorneys’ fees other than those provided for in subsection IX.A, investigation costs, or litigation costs shall be included in the “Compensatory Restitution Amount” for purposes of subsection XI.B and (b) Participating Subdivisions not listed on Exhibit F that receive monies from the Settlement Fund indirectly may only use such monies from the Settlement Fund for purposes that qualify as Opioid Remediation. VII. Participation by Subdivisions A Subdivision may become a Participating Subdivision by returning an executed Settlement Participation Form to Janssen and the State and upon prompt dismissal of its legal action pursuant to the terms of this Agreement and the Settlement Participation Form. VIII. Filing of Consent Judgment and Dismissals with Prejudice No later than 15 days from delivery to Janssen of Settlement Participation Forms for all Subdivisions listed on Exhibit F, the State and Janssen will proceed to file the Consent Judgment. No later than 30 days after receipt of Janssen’s payments under Section V, the State and the Participating Subdivisions shall dismiss all actions asserting Released claims with prejudice. IX. Attorney Fee and Cost Payments A. State Outside and Inside Counsel Fees and Costs. Janssen will pay the Washington Attorney General’s Office $26,160,000.00 within twenty-one (21) days after the date this Agreement becomes effective as provided for in subsection V.B to reimburse the State for State Outside AGENDA ITEM #6. d) 13 and Inside Counsel Fees and Costs, which shall be used for any lawful purpose in the discharge of the Attorney General’s duties at the sole discretion of the Attorney General. B. Fees and Costs for Participating Litigating Subdivisions’ Attorneys . From the LG Share of the Settlement Fund, the Settlement Fund Administrator shall pay the Participating Litigating Subdivisions’ attorneys their fees and costs pursuant to Paragraph D of the One Washington MOU and this Agreement. C. An Attorney for a Participating Litigating Subdivision may not receive any payment for attorney fees unless the Attorney represents that s/he has no present intent to represent or participate in the representation of any Subdivision or any Releasor with respect to Released Claims against Released Entities brought after the Effective Date. X. Enforcement and Dispute Resolution A. The terms of the Agreement and Consent Judgment applicable to the State will be enforceable solely by the State and Janssen. B. Janssen consents to the jurisdiction of the Court in which the Consent Judgment is filed, limited to resolution of disputes identified in subsection X.D for resolution in the Court in which the Consent Judgment is filed. C. The parties to a dispute shall promptly meet and confer in good faith to resolve any dispute. If the parties cannot resolve the dispute informally, and unless otherwise agreed in writing, they shall follow the remaining provisions of this section to resolve the dispute. D. Disputes not resolved informally shall be resolved in the Court that entered the Consent Judgment. XI. Miscellaneous A. No Admission. Janssen does not admit liability or wrongdoing. Neither this Agreement nor the Consent Judgment shall be considered, construed, or represented to be (1) an admission, concession, or evidence of liability or wrongdoing or (2) a waiver or any limitation of any defense otherwise available to Janssen. B. Nature of Payment. Janssen, the State, and the Participating Subdivisions acknowledge and agree that notwithstanding anything to the contrary in this Agreement, including, but not limited to, the scope of the Released Claims: 1. Janssen has entered into this Agreement to avoid the delay, expense, inconvenience, and uncertainty of further litigation; 2. The State and the Participating Subdivisions sought compensatory restitution (within the meaning of 26 U.S.C. § 162(f)(2)(A)) for the Alleged Harms allegedly suffered by the State and Participating Subdivisions; AGENDA ITEM #6. d) 14 3. By executing this Agreement the State and the Participating Subdivisions certify that: (a) the Compensatory Restitution Amount is no greater than the amount, in the aggregate, of the Alleged Harms allegedly suffered by the State and Participating Subdivisions; and (b) the portion of the Compensatory Restitution Amount received by the State or Participating Subdivision is no greater than the amount of the Alleged Harms allegedly suffered by the State or Participating Subdivision; 4. The payment of the Compensatory Restitution Amount by Janssen constitutes, and is paid for, compensatory restitution (within the meaning of 26 U.S.C. § 162(f)(2)(A)) for Alleged Harms allegedly caused by Janssen; 5. The Compensatory Restitution Amount is being paid as compensatory restitution (within the meaning of 26 U.S.C. § 162(f)(2)(A)) in order to restore, in whole or in part, the State and Participating Subdivisions to the same position or condition that they would be in had the State and Participating Subdivisions not suffered the Alleged Harms; 6. For the avoidance of doubt: (a) no portion of the Compensatory Restitution Amount represents reimbursement to the State, any Participating Subdivision, or other person or entity for the costs of any investigation or litigation, (b) the entire Compensatory Restitution Amount is properly characterized as described in this subsection XI.B, and (c) no portion of the Compensatory Restitution Amount constitutes disgorgement or is properly characterized as the payment of statutory or other fines, penalties, punitive damages, other punitive assessments, or attorneys’ fees; and 7. The State, on behalf of all itself and Participating Subdivisions (the “Form 1098-F Filer”) shall complete and file Form 1098-F with the Internal Revenue Service on or before February 28 (March 31 if filed electronically) of the year following the calendar year in which the order entering this Agreement becomes binding. On the Form 1098-F, the Form 1098-F Filer shall identify the entire Compensatory Restitution Amount received by the Form 1098-F Filer as remediation/restitution. The Form 1098-F Filer shall also, on or before January 31 of the year following the calendar year in which the order entering this Agreement becomes binding, furnish Copy B of such Form 1098-F (or an acceptable substitute statement) to Janssen. C. Tax Reporting and Cooperation. 1. Upon request by Janssen, the State and Participating Subdivisions agree to perform such further acts and to execute and deliver such further documents as may be reasonably necessary for Janssen to establish the statements set forth in subsection XI.B to the satisfaction of their tax advisors, their independent financial auditors, the Internal Revenue Service, or any other governmental authority, including as contemplated by Treasury Regulations Section 1.162-21(b)(3)(ii) and any subsequently proposed or finalized relevant regulations or administrative guidance. 2. Without limiting the generality of this subsection XI.C, the State and each Participating Subdivision shall cooperate in good faith with Janssen with respect to AGENDA ITEM #6. d) 15 any tax claim, dispute, investigation, audit, examination, contest, litigation, or other proceeding relating to this Agreement. 3. The State, on behalf of itself and Participating Subdivisions, shall designate one of its officers or employees to act as the “appropriate official” within the meaning of Treasury Regulations Section 1.6050X-1(f)(1)(ii)(B) (the “Appropriate Official”). 4. For the avoidance of doubt, neither Janssen nor the State and Participating Subdivisions make any warranty or representation to any Settling jurisdiction or Releasor as to the tax consequences of the payment of the Compensatory Restitution Amount (or any portion thereof). D. No Third-Party Beneficiaries. Except as expressly provided in this Agreement, no portion of this Agreement shall provide any rights to, or be enforceable by, any person or entity that is not the State or a Released Entity. The State may not assign or otherwise convey any right to enforce any provision of this Agreement. E. Calculation. Any figure or percentage referred to in this Agreement shall be carried to seven decimal places. F. Construction. None of the Parties and no Participating Subdivision shall be considered to be the drafter of this Agreement or of any of its provisions for the purpose of any statute, case law, or rule of interpretation or construction that would or might cause any provision to be construed against the drafter of this Agreement. The headings of the provisions of this Agreement are not binding and are for reference only and do not limit, expand, or otherwise affect the contents or meaning of this Agreement. G. Cooperation. Each Party and each Participating Subdivision agrees to use its best efforts and to cooperate with the other Parties and Participating Subdivisions to cause this Agreement and the Consent Judgment to become effective, to obtain all necessary approvals, consents and authorizations, if any, and to execute all documents and to take such other action as may be appropriate in connection herewith. Consistent with the foregoing, each Party and each Participating Subdivision agrees that it will not directly or indirectly assist or encourage any challenge to this Agreement or the Consent Judgment by any other person, and will support the integrity and enforcement of the terms of this Agreement and the Consent Judgment. H. Entire Agreement. This Agreement, its exhibits and any other attachments embodies the entire agreement and understanding between and among the Parties and Participating Subdivisions relating to the subject matter hereof and supersedes (1) all prior agreements and understandings relating to such subject matter, whether written or oral and (2) all purportedly contemporaneous oral agreements and understandings relating to such subject matter. I. Execution. This Agreement may be executed in counterparts and by different signatories on separate counterparts, each of which shall be deemed an original, but all of which shall together be one and the same Agreement. One or more counterparts of this Agreement may be delivered by facsimile or electronic transmission with the intent that it or they shall AGENDA ITEM #6. d) 16 constitute an original counterpart hereof. One or more counterparts of this Agreement may be signed by electronic signature. J. Good Faith and Voluntary Entry. Each Party warrants and represents that it negotiated the terms of this Agreement in good faith. Each of the Parties and signatories to this Agreement warrants and represents that it freely and voluntarily entered into this Agreement without any degree of duress or compulsion. The Parties state that no promise of any kind or nature whatsoever (other than the written terms of this Agreement) was made to them to induce them to enter into this Agreement. K. No Prevailing Party. The Parties each agree that they are not the prevailing party in this action, for purposes of any claim for fees, costs, or expenses as prevailing parties arising under common law or under the terms of any statute, because the Parties have reached a good faith settlement. The Parties each further waive any right to challenge or contest the validity of this Agreement on any ground, including, without limitation, that any term is unconstitutional or is preempted by, or in conflict with, any current or future law. L. Non-Admissibility. The settlement negotiations resulting in this Agreement have been undertaken by the Parties and by certain representatives of the Participating Subdivisions in good faith and for settlement purposes only, and no evidence of negotiations or discussions underlying this Agreement shall be offered or received in evidence in any action or proceeding for any purpose. This Agreement shall not be offered or received in evidence in any action or proceeding for any purpose other than in an action or proceeding arising under or relating to this Agreement. M. Severability. If any provision of this Agreement—excepting Section IV (Release), Section V (Monetary Relief and Payments), Section VII (Participation by Local Governments), Section IX (Attorney Fee and Cost Payments), Section XI.B (Nature of Payment), and Section XI.C (Tax Reporting and Cooperation)—were for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement. N. Notices. All notices or other communications under this Agreement shall be in writing (including but not limited to electronic communications) and shall be given to the recipients indicated below: For Janssen: Charles C. Lifland Daniel R. Suvor O’Melveny & Myers LLP 400 South Hope Street, 18th Floor Los Angeles, CA 90071 Phone: (213) 430-6000 clifland@omm.com dsuvor@omm.com AGENDA ITEM #6. d) 17 For the Attorney General: Jeffrey G. Rupert Martha Rodríguez López Susan Llorens Office of the Washington Attorney General 800 Fifth Avenue, Suite 2000 Seattle, WA 98104 Jeffrey.Rupert@atg.wa.gov Martha.RodriguezLopez@atg.wa.gov Susan.Llorens@atg.wa.gov and Brad Beckworth Drew Pate Nix Patterson LLP 8701 Bee Caves Road, Building 1, Suite 500 Austin, Texas 78746 bbeckworth@nixlaw.com dpate@nixlaw.com Any Party may change or add the contact information of the persons designated to receive notice on its behalf by notice given (effective upon the giving of such notice) as provided in this subsection. O. No Waiver. The waiver of any rights conferred hereunder shall be effective only if made by written instrument executed by the waiving Party or Parties. The waiver by any Party of any breach of this Agreement shall not be deemed to be or construed as a waiver of any other breach, whether prior, subsequent, or contemporaneous, nor shall such waiver be deemed to be or construed as a waiver by any other Party. P. Preservation of Privilege. Nothing contained in this Agreement or any Consent Judgment, and no act required to be performed pursuant to this Agreement or any Consent Judgment, is intended to constitute, cause, or effect any waiver (in whole or in part) of any attorney-client privilege, work product protection, or common interest/joint defense privilege, and each Party agrees that it shall not make or cause to be made in any forum any assertion to the contrary. Q. Successors. This Agreement shall be binding upon, and inure to the benefit of, Janssen and its respective successors and assigns. Janssen shall not sell the majority of its voting stock or substantially all its assets without obtaining the acquiror’s agreement that it will constitute a successor with respect to Janssen’s obligations under this Agreement. R. Modification, Amendment, Alteration. This Agreement may be modified, amended, or altered by a written agreement of the Parties or, in the case of the Consent Judgment, by AGENDA ITEM #6. d) 18 court proceedings resulting in a modified judgment of the Court. For purposes of modifying this Agreement or the Consent Judgment, Janssen may contact the Washington Attorney General to coordinate this process. S. Termination. 1. Unless otherwise agreed to by Janssen and the State, this Agreement and all of its terms (except subsection XI.L and any other non-admissibility provisions, which shall continue in full force and effect) shall be canceled and terminated with respect to the State, and the Agreement and all orders issued by the Court pursuant to the Agreement shall become null and void and of no effect if one or more of the following conditions applies: a. A Consent Judgment approving this Agreement without modification of any of the Agreement’s terms has not been entered as to the State by a court of competent jurisdiction on or before one hundred eighty (180) days after Janssen’s payment under Section V; or b. This Agreement or the Consent Judgment has been disapproved by a court of competent jurisdiction to which it was presented for approval and/or entry (or, in the event of an appeal from or review of a decision of such a court to approve this Agreement and the Consent Judgment, by the court hearing such appeal or conducting such review), and the time to appeal from such disapproval has expired, or, in the event of an appeal from such disapproval, the appeal has been dismissed or the disapproval has been affirmed by the court of last resort to which such appeal has been taken and such dismissal or disapproval has become no longer subject to further appeal (including, without limitation, review by the United States Supreme Court). 2. If this Agreement is terminated with respect to the State and its Participating Subdivisions for whatever reason pursuant to subsection XI.S.1, then: a. An applicable statute of limitation or any similar time requirement (excluding any statute of repose) shall be tolled from the date the State signed this Agreement until the later of the time permitted by applicable law or for one year from the date of such termination, with the effect that Janssen and the State in question shall be in the same position with respect to the statute of limitation as they were at the time the State filed its action; and b. Janssen and the State and its Participating Subdivisions shall jointly move the relevant court of competent jurisdiction for an order reinstating the actions and claims dismissed pursuant to the terms of this Agreement governing dismissal, with the effect that Janssen and the State and its Participating Subdivisions shall be in the same position with respect to those actions and claims as they were at the time the action or claim was stayed or dismissed. AGENDA ITEM #6. d) AGENDA ITEM #6. d) AGENDA ITEM #6. d) A-1 EXHIBIT A Janssen Predecessors and Former Affiliates The following includes a non-exclusive list of Janssen’s predecessors and former affiliates: 1. Janssen Pharmaceutica, Inc. 2. Janssen Pharmaceutica N.V. 3. Janssen-Cilag Manufacturing, LLC 4. Janssen Global Services, LLC 5. Janssen Ortho LLC 6. Janssen Products, LP 7. Janssen Research & Development, LLC 8. Janssen Supply Group, LLC 9. Janssen Scientific Affairs, LLC 10. JOM Pharmaceutical Services, Inc. 11. OMJ Pharmaceuticals, Inc. 12. Ortho-McNeil Finance Co. 13. Ortho-McNeil Pharmaceutical 14. Ortho-McNeil-Janssen Pharmaceuticals 15. Ortho-McNeil Pharmaceutical Services Division 16. Ortho-McNeil Neurologic 17. Patriot Pharmaceuticals, LLC 18. Pricara, Ortho-McNeil-Janssen Pharmaceuticals 19. Alza Corp. 20. Alza Development Corp. 21. Janssen Supply Chain, Alza Corp. 22. Noramco, Inc. 23. Tasmanian Alkaloids PTY LTD. AGENDA ITEM #6. d) B-1 EXHIBIT B Settlement Participation Form Governmental Entity: State: Authorized Official: Address 1: Address 2: City, State, Zip: Phone: Email: The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Janssen Washington State-Wide Opioid Settlement Agreement dated January 22, 2024 (“Janssen Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Janssen Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1. The Governmental Entity is aware of and has reviewed the Janssen 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 Janssen Settlement and become a Participating Subdivision as provided therein. 2. The Governmental Entity shall, within 30 days of the filing of the Consent Judgment, secure the dismissal with prejudice of any Released Claims that it has filed. 3. The Governmental Entity agrees to the terms of the Janssen Settlement pertaining to Subdivisions as defined therein. 4. By agreeing to the terms of the Janssen 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 Janssen Settlement solely for the purposes provided therein. 6. The Governmental Entity submits to the jurisdiction of the court 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 Janssen Settlement. 7. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Janssen Settlement, including but not limited to all provisions of Section IV (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity AGENDA ITEM #6. d) B-2 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 Janssen 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 Janssen Settlement shall be a complete bar to any Released Claim. 8. In connection with the releases provided for in the Janssen 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 Janssen Settlement. 9. This Settlement Participation Form shall be deemed effective as of the Effective Date of the Janssen Settlement. 10. Nothing herein is intended to modify in any way the terms of the Janssen Settlement, to which Governmental Entity hereby agrees. To the extent this Election and Release is interpreted differently from the Janssen Settlement in any respect, the Janssen Settlement controls. AGENDA ITEM #6. d) B-3 I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity. Signature: _____________________________ Name: _____________________________ Title: _____________________________ Date: _____________________________ AGENDA ITEM #6. d) C-1 EXHIBIT C Injunctive Relief A. Definitions Specific to this Exhibit 1. “Cancer-Related Pain Care” means care that provides relief from pain resulting from a patient’s active cancer or cancer treatment as distinguished from treatment provided during remission. 2. “Janssen” means Johnson & Johnson, Johnson & Johnson Innovative Medicine, Janssen Pharmaceuticals, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc., and Janssen Pharmaceutica, Inc. (collectively, “Janssen”), including all of their subsidiaries, predecessors, successors, current officers, directors, employees, representatives, agents, affiliates, parents, and assigns acting on behalf of Janssen in the United States. 3. “End-of-Life Care” means care for persons with a terminal illness or at high risk for dying in the near future in hospice care, hospitals, long-term care settings, or at home. 4. “Health Care Provider” means any U.S.-based physician or other health care practitioner who is licensed to provide health care services or to prescribe pharmaceutical products and any medical facility, practice, hospital, clinic, or pharmacy. 5. “In-Kind Support” means payment or assistance in the form of goods, commodities, services, or anything else of value. 6. “Lobby” and “Lobbying” shall have the same meaning as “lobbying activities” and “lobbying contacts” under the federal lobbying disclosure act, 2 U.S.C. § 1602 et seq., and any analogous state or local provisions governing the person or entity being lobbied. As used in this document, “Lobby” and “Lobbying” include Lobbying directly or indirectly, through grantees or Third Parties. 7. “Opioid(s)” means all naturally occurring, synthetic, or semisynthetic substances that interact with opioid receptors and act like opium. For the avoidance of doubt, the term “Opioid(s)” does not include Imodium. 8. “Opioid Product(s)” means all current and future medications containing Opioids approved by the U.S. Food & Drug Administration (FDA) and listed by the DEA as Schedule II, III, or IV drugs pursuant to the federal Controlled Substances Act (including but not limited to buprenorphine, codeine, fentanyl, hydrocodone, hydromorphone, meperidine, methadone, morphine, oxycodone, oxymorphone, tapentadol, and tramadol). The term “Opioid Products(s)” shall not include (i) methadone and other substances when used exclusively to treat opioid abuse, addiction, or overdose; or (ii) raw materials, immediate precursors, and/or active AGENDA ITEM #6. d) C-2 pharmaceutical ingredients (APIs) used in the manufacture or study of Opioids or Opioid Products, but only when such materials, immediate precursors, and/or APIs are sold or marketed exclusively to DEA-licensed manufacturers or DEA-licensed researchers. 9. “OUD” means opioid use disorder defined in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM–5), as updated or amended. 10. “Product(s) for the Treatment of Opioid-Induced Side Effects ” means any over-the- counter or prescription remedy used to treat those side effects identified on the FDA label for any Opioid Product, except that, for purposes of the Agreement, Product(s) for the Treatment of Opioid-Induced Side Effects shall not include products that treat OUD or respiratory depression. 11. “Promote,” “Promoting,” “Promotion,” and “Promotional” means dissemination of information or other practices intended or reasonably anticipated to increase sales, prescriptions, or that attempts to influence prescribing practices in the United States. These terms shall not include the provision of scientific information or data in response to unsolicited requests from Health Care Providers or payors as allowed in subsection C.2.e-h. 12. “Third Party(ies)” means any person or entity other than Janssen or a government entity. 13. “Treatment of Pain” means the provision of therapeutic modalities to alleviate or reduce pain. 14. “Unbranded Information” means any information that does not identify a specific branded or generic product. B. Ban on Selling and Manufacturing Opioids 1. Janssen shall not manufacture or sell any Opioids or Opioid Products for distribution in the State of Washington. Janssen represents that prior to the Effective Date, it de- listed all of its Opioid Products and no longer ships any of them to or within the United States. C. Ban on Promotion 1. Janssen shall not engage in Promotion of Opioids or Opioid Products including but not limited to, by: a. Employing or contracting with sales representatives or other persons to Promote Opioids or Opioid Products to Health Care Providers or patients, or to persons involved in determining the Opioid Products included in formularies; AGENDA ITEM #6. d) C-3 b. Using speakers, key opinion leaders, thought leaders, lecturers, and/or speaking events for Promotion of Opioids or Opioid Products; c. Sponsoring, or otherwise providing financial support or In-Kind Support to medical education programs for Promotion of Opioids or Opioid Products; d. Creating, sponsoring, operating, controlling, or otherwise providing financial support or In-Kind Support to any website, network, and/or social or other media account for the Promotion of Opioids or Opioid Products; e. Creating, sponsoring, distributing, or otherwise providing financial support or In-Kind Support for materials Promoting Opioids or Opioid Products, including but not limited to brochures, newsletters, pamphlets, journals, books, and guides; f. Creating, sponsoring, or otherwise providing financial support or In-Kind Support for advertisements that Promote Opioids or Opioid Products, including but not limited to internet advertisements or similar content, and providing hyperlinks or otherwise directing internet traffic to advertisements; and g. Engaging in internet search engine optimization or other techniques designed to Promote Opioids or Opioid Products by improving rankings or making content appear among the top results in an internet search or otherwise be more visible or more accessible to the public on the internet. 2. Notwithstanding subsection C.1 directly above, Janssen may: a. Maintain a corporate website; b. Maintain a website for any Opioid Product that contains principally the following content: the FDA-approved package insert, medication guide, and labeling, and a statement directing patients or caregivers to speak with a licensed Health Care Provider; c. Provide information or support the provision of information as expressly required by law or any state or federal government agency with jurisdiction in Washington; d. Provide the following by mail, electronic mail, on or through Janssen’s corporate or product websites or through other electronic or digital methods: FDA-approved package insert, medication guide, approved labeling for Opioid Products, or other prescribing information for Opioid Products that are published by a state or federal government agency with jurisdiction in Washington; e. Provide scientific and/or medical information in response to an unsolicited request by a Health Care Provider consistent with the standards set forth in AGENDA ITEM #6. d) C-4 the FDA’s Draft Guidance for Industry, Responding to Unsolicited Requests for Off-Label Information About Prescription Drugs and Medical Devices (Dec. 2011) as updated or amended by the FDA, and Guidance for Industry, Good Reprint Practices for the Distribution of Medical Journal Articles and Medical or Scientific Reference Publications on Unapproved New Uses of Approved Drugs and Approved or Cleared Medical Devices (Jan. 2009) as updated or amended by the FDA; f. Provide a response to any unsolicited question or request from a patient or caregiver, directing the patient or caregiver to the FDA-approved labeling or to speak with a licensed Health Care Provider without describing the safety or effectiveness of Opioids or any Opioid Product or naming any specific provider or healthcare institution; or directing the patient or caregiver to speak with their insurance carrier regarding coverage of an Opioid Product; g. Provide Health Care Economic Information, as defined at 21 U.S.C. § 352(a), to a payor, formulary committee, or other similar entity with knowledge and expertise in the area of health care economic analysis consistent with standards set forth in the FDA’s Draft Questions and Answers Guidance for Industry and Review Staff, Drug and Device Manufacturer Communications With Payors, Formulary Committees, and Similar Entities (Jan. 2018), as updated or amended by the FDA; h. Provide information relating solely to the pricing of any Opioid Product; i. Sponsor or provide financial support or In-Kind Support for an accredited or approved continuing medical education program required by either an FDA- approved Risk Evaluation and Mitigation Strategy (REMS) program or other federal or state law or regulation applicable in Washington through an independent Third Party, which shall be responsible for the program’s content without the participation of Janssen; and j. Provide information in connection with patient support information on co-pay assistance and managing pain in End-of-Life Care and/or Cancer-Related Pain Care relating to the use of Opioids for managing such pain, as long as the information identifies Janssen as the source of the information. 3. Janssen shall not engage in the Promotion of Products for the Treatment of Opioid- induced Side Effects, including but not limited to: a. Employing or contracting with sales representatives or other persons to Promote Products for the Treatment of Opioid-induced Side Effects to Health Care Providers or patients; b. Using speakers, key opinion leaders, thought leaders, lecturers, and/or speaking events to Promote Products for the Treatment of Opioid induced Side Effects; AGENDA ITEM #6. d) C-5 c. Sponsoring, or otherwise providing financial support or In-Kind Support to medical education programs that Promote Products for the Treatment of Opioid-induced Side Effects; d. Creating, sponsoring, or otherwise providing financial support or In-Kind Support for advertisements that Promote Products for the Treatment of Opioid-induced Side Effects, including but not limited to internet advertisements or similar content, and providing hyperlinks or otherwise directing internet traffic to advertisements. 4. Notwithstanding subsection C, Janssen may Promote Products for the Treatment of Opioid-induced Side Effects so long as such Promotion does not associate the product with Opioids or Opioid Products. 5. Treatment of Pain a. Janssen shall not, either through Janssen or through Third Parties, engage in any conduct that Promotes the Treatment of Pain, except that Janssen may continue to Promote the Treatment of Pain with branded non-Opioids, including Tylenol and Motrin. b. Janssen shall not, either through Janssen or through Third Parties, engage in any conduct that Promotes the concept that pain is undertreated, except in connection with Promoting the use of branded non-Opioids, including Tylenol and Motrin, for the Treatment of Pain. c. Janssen shall not disseminate Unbranded Information, including Unbranded Information about a medical condition or disease state, that contains links to branded information about Opioid Products or that otherwise Promotes Opioids or Opioid Products. 6. Notwithstanding subsection C.5 above: a. Janssen may Promote or provide educational information about the Treatment of Pain with non-Opioids or therapies such as acetaminophen or non-steroidal anti-inflammatory drugs (NSAIDS), including Promoting or providing educational information about such non-Opioids or therapies as alternatives to Opioid use, or as part of multimodal therapy which may include Opioid use, so long as such non-Opioid Promotional or educational information does not Promote Opioids or Opioid Products. b. Janssen may provide educational information about the Treatment of Pain related to medical procedures involving devices manufactured or sold by Janssen, including educational information about Opioids or Opioid Products, so long as such information does not Promote Opioids or Opioid Products. AGENDA ITEM #6. d) C-6 7. The Promotional conduct prohibited in subsection C is not prohibited insofar as it relates to the Promotion of Opioids or Opioid Products for Cancer-Related Pain Care or End-of-Life Care only, and so long as Janssen is identified as the sponsor or source of such Promotional conduct. D. No Financial Reward or Discipline Based on Volume of Opioid Sales 1. Janssen shall not provide financial incentives to its sales and marketing employees or discipline its sales and marketing employees based upon sales volume or sales quotas for Opioid Products; 2. Janssen shall not offer or pay any remuneration (including any kickback, bribe, or rebate) directly or indirectly, to any person in return for the prescribing, sale, use, or distribution of an Opioid Product; and 3. Janssen’s compensation policies and procedures shall ensure compliance with the Agreement. E. Ban on Funding/Grants to Third Parties 1. Janssen shall not directly or indirectly provide financial support or In-Kind Support to any Third Party that primarily engages in conduct that Promotes Opioids, Opioid Products, or Products for the Treatment of Opioid-induced Side Effects (subject to subsections C.2, 4, and 6), including educational programs or websites that Promote Opioids, Opioid Products, or products for the treatment of Opioid-induced side effects, excluding financial support otherwise required by the Agreement, a court order, or by a federal or state agency. 2. Janssen shall not create, sponsor, provide financial support or In-Kind Support to, or otherwise operate or control any medical society or patient advocacy group that primarily engages in conduct that Promotes Opioids, Opioid Products, or products for the treatment of Opioid-induced side effects. 3. Janssen shall not provide links to any Third Party website or materials or otherwise distribute materials created by a Third Party for the purpose of Promoting Opioids, Opioid Products, or products intended for the treatment of Opioid-induced side effects (subject to subsections C.2, 4, and 6). 4. Janssen shall not use, assist, or employ any Third Party to engage in any activity that Janssen itself would be prohibited from engaging in pursuant to the Agreement. To the extent Janssen supports trade groups engaged in Lobbying, Janssen shall stipulate that such support not be used for any purpose prohibited by the Agreement. 5. Janssen shall not enter into any contract or agreement with any person or entity or otherwise attempt to influence any person or entity in such a manner that has the purpose or foreseeable effect of limiting the dissemination of information regarding the risks and side effects of using Opioids. AGENDA ITEM #6. d) C-7 6. Janssen shall not compensate or support Health Care Providers or organizations to advocate for formulary access or treatment guideline changes for the purpose of increasing access to any Opioid Product through third-party payors, i.e., any entity, other than an individual, that pays or reimburses for the dispensing of prescription medicines, including but not limited to managed care organizations and pharmacy benefit managers. 7. No officer or management-level employee of Janssen may concurrently serve as a director, board member, employee, agent, or officer of any entity that primarily engages in conduct that Promotes Opioids, Opioid Products, or products for the treatment of Opioid-induced side effects. For the avoidance of doubt, nothing in this provision shall preclude an officer or management-level employee of Janssen from concurrently serving on the board of a hospital. 8. Janssen shall play no role in appointing persons to the board, or hiring persons to the staff, of any entity that primarily engages in conduct that Promotes Opioids, Opioid Products, or products for the treatment of Opioid-induced side effects. For avoidance of doubt, nothing in this paragraph shall prohibit Janssen from fully and accurately responding to unsolicited requests or inquiries about a person’s fitness to serve as an employee or Board member at any such entity. F. Lobbying Restrictions 1. Janssen shall not Lobby for the enactment of any federal, state, or local legislative or regulatory provision that: a. Encourages or requires Health Care Providers to prescribe Opioids or sanctions Health Care Providers for failing to prescribe Opioids or failing to treat pain with Opioids; b. Has the effect of limiting access to any non-Opioid alternative pain treatments; or c. Pertains to the classification of any Opioid or Opioid Product as a scheduled drug under the Controlled Substances Act. 2. Janssen shall not Lobby against the enactment of any federal, state or local legislative or regulatory provision that supports: a. The use of non-pharmacologic therapy and/or non-Opioid pharmacologic therapy to treat chronic pain over or instead of Opioid use, including but not limited to third party payment or reimbursement for such therapies; b. The use and/or prescription of immediate release Opioids instead of extended release Opioids when Opioid use is initiated, including but not limited to third party reimbursement or payment for such prescriptions; AGENDA ITEM #6. d) C-8 c. The prescribing of the lowest effective dose of an Opioid, including but not limited to third party reimbursement or payment for such prescription; d. The limitation of initial prescriptions of Opioids to treat acute pain; e. The prescribing and other means of distribution of naloxone to minimize the risk of overdose, including but not limited to third party reimbursement or payment for naloxone; f. The use of urine testing before starting Opioid use and annual urine testing when Opioids are prescribed, including but not limited to third party reimbursement or payment for such testing; g. Evidence-based treatment (such as using medication-assisted treatment with buprenorphine or methadone in combination with behavioral therapies) for OUD, including but not limited to third party reimbursement or payment for such treatment; or h. The implementation or use of Opioid drug disposal systems. 3. Janssen shall not Lobby against the enactment of any federal, state or local legislative or regulatory provision expanding the operation or use of PDMPs, including but not limited to provisions requiring Health Care Providers to review PDMPs when Opioid use is initiated and with every prescription thereafter. 4. Notwithstanding the foregoing restrictions in subsections F.1-3, the following conduct is not restricted: a. Challenging the enforcement of or suing for declaratory or injunctive relief with respect to legislation, rules, or regulations referred to in subsection F.1; b. Communications made by Janssen in response to a statute, rule, regulation, or order requiring such communication; c. Communications by a Janssen representative appearing before a federal or state legislative or administrative body, committee, or subcommittee as result of a mandatory order or subpoena commanding that person to testify; d. Responding, in a manner consistent with the Agreement, to an unsolicited request for the input on the passage of legislation or the promulgation of any rule or regulation when such request is submitted in writing specifically to Janssen from a government entity directly involved in the passage of that legislation or promulgation of that rule or regulation; or e. Lobbying for or against provisions of legislation or regulation that address other subjects in addition to those identified in subsections F.1-3, so long as the company does not support specific portions of such legislation or AGENDA ITEM #6. d) C-9 regulation covered by subsection F.1 or oppose specific portions of such legislation or regulation covered by subsections F.2-3. 5. Janssen shall provide notice of the prohibitions in subsection F to all employees engaged in Lobbying; shall incorporate the prohibitions in subsection F into trainings provided to Janssen employees engaged in Lobbying; and certify to the State of Washington that it has provided such notice and trainings to Janssen employees engaged in Lobbying. G. Ban on Prescription Savings Programs 1. Janssen shall not directly or indirectly offer any discounts, coupons, rebates, or other methods which have the effect of reducing or eliminating a patient’s co-payments or the cost of prescriptions (e.g., free trial prescriptions) for any Opioid Product. 2. Janssen shall not directly or indirectly provide financial support to any Third Party for discounts, coupons, rebates, or other methods which have the effect of reducing or eliminating a patient’s co-payments or the cost of prescriptions (e.g., free trial prescriptions) for any Opioid Product. 3. Janssen shall not directly or indirectly assist patients, Health Care Providers, or pharmacies with the claims and/or prior authorization process required for third- party payors to approve payment for any Opioid Product. H. General Terms 1. Janssen shall not make any written or oral statement about Opioids or any Opioid Product that is unfair, false, misleading, or deceptive as defined under the law of Washington. For purposes of this paragraph, “Opioid Product” shall also include methadone and other substances when used exclusively to treat opioid abuse, addiction, or overdose. 2. Janssen shall not represent that Opioids or any Opioid Product(s) have approvals, characteristics, uses, benefits, or qualities that they do not have. For purposes of this paragraph, “Opioid Product” shall also include methadone and other substances when used exclusively to treat opioid abuse, addiction, or overdose. 3. For the avoidance of doubt, the Agreement shall not be construed or used as a waiver or limitation of any defense otherwise available to Janssen in any action, and nothing in the Agreement is intended to or shall be construed to prohibit Janssen in any way whatsoever from taking legal or factual positions with regard to any Opioid Product(s) in defense of litigation or other legal proceedings. 4. Upon the request of the State of Washington Attorney General, Janssen shall provide the Washington Attorney General with copies of the following, within thirty (30) days of the request: AGENDA ITEM #6. d) C-10 a. Any litigation or civil or criminal law enforcement subpoenas or Civil Investigative Demands relating to Janssen’s Opioid Product(s); and b. Warning or untitled letters issued by the FDA regarding Janssen’s Opioid Product(s) and all correspondence between Janssen and the FDA related to such letters. 5. The Agreement applies to conduct that results in the Promotion of Opioids or Opioid Products, or the Treatment of Pain inside the United States. 6. Janssen will enter into the Agreement solely for the purpose of settlement, and nothing contained therein may be taken as or construed to be an admission or concession of any violation of law, rule, or regulation, or of any other matter of fact or law, or of any liability or wrongdoing, all of which Janssen expressly denies. No part of the Agreement, including its statements and commitments, shall constitute evidence of any liability, fault, or wrongdoing by Janssen. The Agreement is not intended for use by any third party for any purpose, including submission to any court for any purpose. 7. Nothing in the Agreement shall be construed to limit or impair Janssen’s ability to: a. Communicate its positions and respond to media inquiries concerning litigation, investigations, reports or other documents or proceedings relating to Janssen or its Opioid Products. b. Maintain a website explaining its litigation positions and responding to allegations concerning its Opioid Products, including the website, www.factsaboutourprescriptionopioids.com. I. Compliance with All State Laws and Regulations Relating to the Sale, Promotion, and Distribution of Any Opioid Product 1. Janssen shall comply with all applicable state laws and regulations that relate to the sale, promotion, distribution, and disposal of Opioids or Opioid Products, including conduct permitted by subsection B.2, provided that nothing in this paragraph requires Janssen to violate federal law or regulations, including but not limited to: a. Washington’s Uniform Controlled Substances Act, including all guidance issued by the applicable state regulator(s); b. Washington’s Consumer Protection Act; and c. Washington State laws, regulations, and guidelines related to opioid prescribing, distribution, and disposal. J. Clinical Data Transparency AGENDA ITEM #6. d) C-11 1. Janssen agrees to continue sharing clinical trial data under the Yale University Open Data Access (YODA) Project to allow researchers qualified under the program to access the company’s propriety data under the terms of the project. 2. In the event Yale University discontinues or withdraws from the YODA Project agreement with Janssen, Janssen shall make its clinical research data regarding Opioids and Opioid Products, and any additional clinical research data that Janssen sponsors and controls regarding Opioids and Opioid Products, available to an independent entity that is the functional equivalent of the YODA Project under functionally equivalent terms. K. Enforcement 1. For the purposes of resolving disputes with respect to compliance with this Exhibit, should the State of Washington have a reasonable basis to believe that Janssen has engaged in a practice that violates a provision of this Exhibit subsequent to the Effective Date, the State of Washington shall notify Janssen in writing of the specific objection, identify with particularity the provision of the Agreement that the practice appears to violate, and give Janssen thirty (30) days to respond in writing to the notification; provided, however, that the State of Washington may take any action if the State believes that, because of the specific practice, a threat to health or safety of the public requires immediate action. 2. Upon receipt of written notice, Janssen shall provide a good faith written response to the State’s notification, containing either a statement explaining why Janssen believes it is in compliance with the provisions of this Exhibit of the Agreement, or a detailed explanation of how the alleged violation occurred and a statement explaining how Janssen intends to remedy the alleged breach. Nothing in this section shall be interpreted to limit the State of Washington’s civil investigative demand (“CID”) or investigative subpoena authority, to the extent such authority exists under applicable law, and Janssen reserves all of its rights in responding to a CID or investigative subpoena issued pursuant to such authority. 3. The State of Washington may agree, in writing, to provide Janssen with additional time beyond thirty (30) days to respond to a notice provided under subsection L.1, above, without Court approval. 4. Upon giving Janssen thirty (30) days to respond to the notification described above, the State shall also be permitted reasonable access to inspect and copy relevant, non- privileged, non-work product records and documents in possession, custody, or control of Janssen that relate to Janssen’s compliance with each provision of the Agreement pursuant to the State of Washington’s CID or investigative subpoena authority. 5. The State of Washington may assert any claim that Janssen has violated the Agreement in a separate civil action to enforce compliance with the Agreement, or may seek any other relief afforded by law for violations of the Agreement, but only AGENDA ITEM #6. d) C-12 after providing Janssen an opportunity to respond to the notification described in subsection L.1, above; provided, however, the State of Washington may take any action if the State believes that, because of the specific practice, a threat to the health or safety of the public requires immediate action. 6. In the event of a conflict between the requirements of the Agreement and any other law, regulation, or requirement such that Janssen cannot comply with the law without violating the terms of the Agreement or being subject to adverse action, including fines and penalties, Janssen shall document such conflicts and notify the State of the extent to which it will comply with the Agreement in order to eliminate the conflict within thirty (30) days of Janssen’s discovery of the conflict. Janssen shall comply with the terms of the Agreement to the fullest extent possible without violating the law. 7. Janssen or the State may request that Janssen and the State meet and confer regarding the resolution of an actual or potential conflict between the Agreement and any other law, or between interpretations of the Agreement by different courts. Nothing herein is intended to modify or extend the jurisdiction of any single judicial authority as provided by law. L. Compliance Duration 1. Subsections B-J of this Exhibit shall be effective for 8 years from the Effective Date. 2. Nothing in this Agreement shall relieve Janssen of its independent obligation to fully comply with the laws of the State of Washington after expiration of the 8-year period specified in this subsection. M. Compliance Deadlines 1. Janssen must be in full compliance with the provisions included this Agreement by the Effective Date. Nothing herein shall be construed as permitting Janssen to avoid existing legal obligations. AGENDA ITEM #6. d) D-1 EXHIBIT D Non-Released Entities The following includes a non-exclusive list of non-Released Entities: 1. Actavis LLC 2. Actavis Pharma, Inc. 3. Allergan PLC 4. Allergan Finance, LLC 5. AmerisourceBergen Corporation 6. AmerisourceBergen Drug Corporation 7. Anda, Inc. 8. Cardinal Health, Inc. 9. Cephalon, Inc. 10. Collegium Pharmaceuticals 11. CVS Health Corp. 12. CVS Pharmacy, Inc. 13. Endo Pharmaceuticals Inc. 14. Endo Health Solutions Inc. 15. Mallinckrodt LLC 16. McKesson Corporation 17. McKinsey & Company Inc. 18. Par Pharmaceutical, Inc. 19. Par Pharmaceutical Companies, Inc. 20. Purdue Pharma L.P. 21. Purdue Pharma Inc. 22. SpecGx LLC 23. Teva Pharmaceuticals USA, Inc. 24. The Purdue Frederick Company 25. Walgreen Co. 26. Walgreens Boots Alliance, Inc. 27. Walmart Inc. 28. Watson Laboratories, Inc. AGENDA ITEM #6. d) E-1 EXHIBIT E Template Consent Judgment [CASE] [COURT] C.A. NO.: FINAL CONSENT JUDGMENT AND DISMISSAL WITH PREJUDICE The State of Washington (“State”) and Johnson & Johnson, Johnson & Johnson Innovative Medicine, Janssen Pharmaceuticals, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc., and Janssen Pharmaceutica, Inc. (collectively, “Janssen” or “Defendants”) (together with the State, the “Parties,” and each a “Party”) have entered into a consensual resolution of the above-captioned litigation (the “Action”) pursuant to a settlement agreement entitled Janssen Washington State-Wide Opioid Settlement Agreement, dated as of January 22, 2024 (the “Agreement”), a copy of which is attached hereto as Exhibit A. The entry of this Final Consent Judgment (the “Judgment”) by the Court is made without trial or adjudication of any contested issue of fact or law, and without finding or admission of wrongdoing or liability of any kind. RECITALS: 1. Each Party warrants and represents that it engaged in arm’s-length negotiations in good faith. In hereby executing the Agreement, the Parties intend to effect a good-faith settlement. 2. The State has determined that the Agreement is in the public interest. 3. Janssen denies the allegations against it and that it has any liability whatsoever to the State, its Subdivisions, and/or (a) any of the State’s or Subdivisions’ departments, agencies, divisions, AGENDA ITEM #6. d) E-2 boards, commissions, districts, instrumentalities of any kind and attorneys, including its Attorney General and any person in his or her official capacity whether elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, (b) any public entities, public instrumentalities, public educational institutions, unincorporated districts, fire districts, irrigation districts, and other Subdivisions, and (c) any person or entity acting in a parens patriae, sovereign, quasi-sovereign, private attorney general, qui tam, taxpayer, or other capacity seeking relief on behalf of or generally applicable to the general public. 4. The Parties recognize that the outcome of the Action is uncertain and a final resolution through the adversarial process likely will require protracted litigation. 5. The Parties agree to the entry of the injunctive relief terms pursuant to Exhibit C of the Agreement. 6. Therefore, without any admission of liability or wrongdoing by Janssen or any other Released Entities (as defined in the Agreement), the Parties now mutually consent to the entry of this Judgment and agree to dismissal of the claims with prejudice pursuant to the terms of the Agreement to avoid the delay, expense, inconvenience, and uncertainty of protracted litigation. NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: In consideration of the mutual promises, terms, and conditions set forth in the Agreement, the adequacy of which is hereby acknowledged by all Parties, it is agreed by and between Defendants and the State, and adjudicated by the Court, as follows: 1. The foregoing Recitals are incorporated herein and constitute an express term of this Judgment. AGENDA ITEM #6. d) E-3 2. The Parties have entered into a full and final settlement of all Released Claims of Releasors against Janssen (including but not limited to the State) and the Released Entities pursuant to the terms and conditions set forth in the Agreement. 3. The “Definitions” set forth in Section II of the Agreement are incorporated by reference into this Judgment. Unless otherwise defined herein, capitalized terms in this Judgment shall have the same meaning given to them in the Agreement. 4. The Parties agree that the Court has jurisdiction over the subject matter of the Action and over the Parties with respect to the Action and this Judgment. This Judgment shall not be construed or used as a waiver of any jurisdictional defense Janssen or any other Released Entity may raise in any other proceeding. 5. The Court finds that the Agreement was entered into in good faith. 6. The Court finds that entry of this Judgment is in the public interest and reflects a negotiated settlement agreed to by the Parties. The Action is dismissed with prejudice, subject to a retention of jurisdiction by the Court as provided herein and in the Agreement. 7. By this Judgment, the Agreement is hereby approved by the Court, and the Court hereby adopts the Agreement’s terms as its own determination of this matter and the Parties’ respective rights and obligations. 8. The Court shall have authority to resolve disputes identified in Section X of the Agreement, governed by the rules and procedures of the Court. 9. [By this Judgment, [the State-Subdivision Agreement] [name of state’s agreement], a copy of which is attached hereto as Exhibit [X] and as incorporated into the Agreement, is hereby approved by the Court as the means by which relevant funds paid pursuant to the Agreement will be divided within the State, subject to the full acceptance by any Subdivision receiving such funds of the AGENDA ITEM #6. d) E-4 terms of the Agreement, including the releases provided therein. [Add any state-specific language necessary for the effectiveness of the state-subdivision agreement.]] 10. The Parties have satisfied all conditions to effectiveness of the Agreement. 11. Release. The Parties acknowledge that the Release in Section IV of the Agreement, which is incorporated by reference herein, is an integral part of this Judgment. Pursuant to the Agreement and the Release and without limitation and to the maximum extent of the power of the State’s Attorney General, Janssen and the other Released Entities are, as of the Effective Date, hereby released from any and all Released Claims of (a) the State and its Participating Subdivisions and any of their departments, agencies, divisions, boards, commissions, Subdivisions, districts, instrumentalities of any kind and attorneys, including the State’s Attorney General, and any person in his or her official capacity whether elected or appointed to serve any of the foregoing, and any agency, person, or other entity claiming by or through any of the foregoing, (b) any public entities, public instrumentalities, public educational institutions, unincorporated districts, fire districts, irrigation districts, water districts, law enforcement districts, emergency services districts, school districts, hospital districts and other Subdivisions in the State, and (c) any person or entity acting in a parens patriae, sovereign, quasi-sovereign, private attorney general, qui tam, taxpayer, or other capacity seeking relief on behalf of or generally applicable to the general public with respect to the State or any Subdivision in the State, whether or not any of them participate in the Agreement. Pursuant to the Agreement and the Release and to the maximum extent of the State’s power, Janssen and the other Released Entities are, as of the Effective Date, hereby released from any and all Released Claims of (1) the State, (2) all past and present executive departments, state agencies, divisions, boards, commissions and instrumentalities with the regulatory authority to enforce state and federal controlled substances acts, (3) any of the State’s past and present executive departments, agencies, AGENDA ITEM #6. d) E-5 divisions, boards, commissions and instrumentalities that have the authority to bring Claims related to Covered Conduct seeking money (including abatement and/or remediation) or revocation of a pharmaceutical distribution license, and (4) any Participating Subdivision. For the purposes of clause (3) above, executive departments, agencies, divisions, boards, commissions, and instrumentalities are those that are under the executive authority or direct control of the State’s Governor. The Parties acknowledge, and the Court finds, that those provisions are an integral part of the Agreement and this Judgment, and shall govern the rights and obligations of all participants in the settlement. Any modification of those rights and obligations may be made based only on a writing signed by all affected parties and approved by the Court. 12. Release of Unknown Claims. The State expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. 13. The State may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but the State expressly waived and fully, finally, and forever settled, released and discharged, through the Agreement and Release, any and all Released Claims that may exist as of the Effective Date but which the State does not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would have materially affected the State’s decision to enter into the Agreement. AGENDA ITEM #6. d) E-6 14. Costs and Fees. The Parties will bear their own costs and attorneys’ fees except as otherwise provided in the Agreement. 15. No Admission of Liability. Defendants are consenting to this Judgment solely for the purpose of effectuating the Agreement, and nothing contained herein may be taken as or construed to be an admission or concession of any violation of law, rule, or regulation, or of any other matter of fact or law, or of any liability or wrongdoing, all of which Defendants expressly deny. No Defendant or Released Entity admits that it caused or contributed to any public nuisance, and no Defendant or Released Entity admits any wrongdoing that was or could have been alleged by the State, its Participating Subdivisions, or any other person or entity. No part of this Judgment shall constitute evidence of any liability, fault, or wrongdoing by Defendants or any other Released Entity. The Parties acknowledge that payments made under the Agreement are not a fine, penalty, or payment in lieu thereof. 16. No Waiver. This Judgment is entered based on the Agreement without trial or adjudication of any contested issue of fact or law or finding of liability of any kind. This Judgment shall not be construed or used as a waiver of Janssen’s right, or any other Released Entity’s right, to defend itself from, or make any arguments in, any other regulatory, governmental, private individual, or class claims or suits relating to the subject matter or terms of this Judgment. Notwithstanding the foregoing, the State may enforce the terms of this Judgment as expressly provided in the Agreement. 17. No Private Right of Action. This Judgment is not intended for use by any third party for any purpose, including submission to any court for any purpose, except pursuant to Section X of the Agreement. Except as expressly provided in the Agreement, no portion of the Agreement or this Judgment shall provide any rights to, or be enforceable by, any person or entity that is not the State or Released Entity. The State shall allow Participating Subdivisions in the State to notify it of any AGENDA ITEM #6. d) E-7 perceived violations of the Agreement or this Judgment. The State may not assign or otherwise convey any right to enforce any provision of the Agreement. 18. Admissibility. It is the intent of the Parties that this Judgment not be admissible in other cases against Defendants or binding on Defendants in any respect other than in connection with the enforcement of this Judgment or the Agreement. For the avoidance of doubt, nothing herein shall prohibit Defendants from entering this Judgment or the Agreement into evidence in any litigation or arbitration concerning (1) Defendants’ right to coverage under an insurance contract or (2) the enforcement of the releases provided for by the Agreement and this Judgment. 19. Preservation of Privilege. Nothing contained in the Agreement or this Judgment, and no act required to be performed pursuant to the Agreement or this Judgment, is intended to constitute, cause, or effect any waiver (in whole or in part) of any attorney-client privilege, work product protection, or common interest/joint defense privilege, and each Party agrees that it shall not make or cause to be made in any forum any assertion to the contrary. 20. Mutual Interpretation. The Parties agree and stipulate that the Agreement was negotiated on an arm’s-length basis between parties of equal bargaining power and was drafted jointly by counsel for each Party. Accordingly, the Agreement is incorporated herein by reference and shall be mutually interpreted and not construed in favor of or against any Party, except as expressly provided for in the Agreement. 21. Retention of Jurisdiction. The Court shall retain jurisdiction of the Parties for the limited purpose of the resolution of disputes identified in Section X of the Agreement. The Court shall have jurisdiction over Participating Subdivisions in the State for the limited purposes identified in the Agreement. AGENDA ITEM #6. d) E-8 22. Successors and Assigns. This Judgment is binding on Defendants’ successors and assigns. 23. Modification. This Judgment shall not be modified (by the Court, by any other court, or by any other means) without the consent of the State and Defendants, or as provided for in Section XI.R of the Agreement. AGENDA ITEM #6. d) E-9 So ORDERED this _____ day of [[*]], 2024. Enter: By Order: _____________________________ _____________________________ APPROVED, AGREED TO AND PRESENTED BY: [[SIGNATURE BLOCKS]] AGENDA ITEM #6. d) F-1 EXHIBIT F Litigating Subdivisions: 1. Anacortes City 2. Bainbridge Island City 3. Burlington City 4. Chelan County 5. Clallam County 6. Clark County 7. Everett City 8. Franklin County 9. Island County 10. Jefferson County 11. Kent City 12. King County 13. Kirkland City 14. Kitsap County 15. Kittitas County 16. La Conner School District 17. Lakewood City 18. Lewis County 19. Lincoln County 20. Mount Vernon City 21. Mount Vernon School District 22. Olympia City 23. Pierce County 24. San Juan County 25. Seattle City 26. Sedro-Woolley City 27. Sedro-Woolley School District 28. Skagit County 29. Snohomish County 30. Spokane City 31. Spokane County 32. Tacoma City 33. Thurston County 34. Vancouver City 35. Walla Walla County 36. Whatcom County 37. Whitman County AGENDA ITEM #6. d) F-2 Non-litigating Subdivisions: 1. Aberdeen City 2. Adams County 3. Arlington City 4. Asotin County 5. Auburn City 6. Battle Ground City 7. Bellevue City 8. Bellingham City 9. Benton County 10. Bonney Lake City 11. Bothell City 12. Bremerton City 13. Burien City 14. Camas City 15. Centralia City 16. Cheney City 17. Covington City 18. Cowlitz County 19. Des Moines City 20. Douglas County 21. East Wenatchee City 22. Edgewood City 23. Edmonds City 24. Ellensburg City 25. Enumclaw City 26. Federal Way City 27. Ferndale City 28. Fife City 29. Gig Harbor City 30. Grandview City 31. Grant County 32. Grays Harbor County 33. Issaquah City 34. Kelso City 35. Kenmore City 36. Kennewick City 37. Klickitat County 38. Lacey City 39. Lake Forest Park City 40. Lake Stevens City 41. Liberty Lake City 42. Longview City 43. Lynden City 44. Lynnwood City AGENDA ITEM #6. d) F-3 45. Maple Valley City 46. Marysville City 47. Mason County 48. Mercer Island City 49. Mill Creek City 50. Monroe City 51. Moses Lake City 52. Mountlake Terrace City 53. Mukilteo City 54. Newcastle City 55. Oak Harbor City 56. Okanogan County 57. Pacific County 58. Pasco City 59. Pend Oreille County 60. Port Angeles City 61. Port Orchard City 62. Poulsbo City 63. Pullman City 64. Puyallup City 65. Redmond City 66. Renton City 67. Richland City 68. Sammamish City 69. Seatac City 70. Shelton City 71. Shoreline City 72. Skamania County 73. Snohomish City 74. Snoqualmie City 75. Spokane Valley City 76. Stevens County 77. Sumner City 78. Sunnyside City 79. Tukwila City 80. Tumwater City 81. University Place City 82. Walla Walla City 83. Washougal City 84. Wenatchee City 85. West Richland City 86. Woodinville City 87. Yakima City 88. Yakima County AGENDA ITEM #6. d) G-1 EXHIBIT G List of Johnson & Johnson Subsidiaries Johnson & Johnson, a New Jersey corporation, had the U.S. and international subsidiaries shown below as of January 1, 2023. Johnson & Johnson is not a subsidiary of any other entity. Name of Subsidiary Jurisdiction U.S. Subsidiaries: ABD Holding Company, Inc. Delaware ABIOMED R&D, Inc. Delaware ABIOMED, Inc. Delaware Acclarent, Inc. Delaware Actelion Pharmaceuticals US, Inc. Delaware Albany Street LLC New Jersey ALZA Corporation Delaware Alza Land Management, Inc. Delaware AMO Development, LLC Delaware AMO Manufacturing USA, LLC Delaware AMO Nominee Holdings, LLC Delaware AMO Sales and Service, Inc. Delaware AMO Spain Holdings, LLC Delaware Anakuria Therapeutics, Inc. Delaware AorTx, Inc. Delaware Aragon Pharmaceuticals, Inc. Delaware Asia Pacific Holdings, LLC New Jersey Atrionix, Inc. California AUB Holdings LLC Delaware Auris Health, Inc. Delaware BeneVir BioPharm, Inc. Delaware BioMedical Enterprises, Inc. Texas Biosense Webster, Inc. California Breethe, Inc. Delaware Centocor Biologics, LLC Pennsylvania Centocor Research & Development, Inc. Pennsylvania Cerenovus, Inc. New Jersey Coherex Medical, Inc. Delaware CoTherix Inc. Delaware CRES Holdings, Inc. Delaware CrossRoads Extremity Systems, LLC Tennessee AGENDA ITEM #6. d) G-2 CSATS, Inc. Washington DePuy Mitek, LLC Massachusetts DePuy Orthopaedics, Inc. Indiana DePuy Products, Inc. Indiana DePuy Spine, LLC Ohio DePuy Synthes Institute, LLC Delaware DePuy Synthes Products, Inc. Delaware DePuy Synthes Sales, Inc. Massachusetts DePuy Synthes, Inc. Delaware Dutch Holding LLC Delaware ECL7, LLC Delaware Ethicon Endo-Surgery, Inc. Ohio Ethicon Endo-Surgery, LLC Delaware Ethicon LLC Delaware Ethicon US, LLC Texas Ethicon, Inc. New Jersey Hansen Medical International, Inc. Delaware Hansen Medical, Inc. Delaware I.D. Acquisition Corp. New Jersey Janssen BioPharma, LLC Delaware Janssen Biotech, Inc. Pennsylvania Janssen Global Services, LLC New Jersey Janssen Oncology, Inc. Delaware Janssen Ortho LLC Delaware Janssen Pharmaceuticals, Inc. Pennsylvania Janssen Products, LP New Jersey Janssen Research & Development, LLC New Jersey Janssen Scientific Affairs, LLC New Jersey Janssen Supply Group, LLC Pennsylvania Janssen-Cilag Manufacturing, LLC Delaware Jevco Holding, Inc. New Jersey JJHC, LLC Delaware JNJ International Investment LLC Delaware JNTL (APAC) HoldCo 2 LLC Delaware JNTL (APAC) HoldCo LLC Delaware AGENDA ITEM #6. d) G-3 JNTL (Japan) HoldCo Inc. Delaware JNTL (Middle East) HoldCo LLC Delaware JNTL (Thailand) HoldCo LLC Delaware JNTL Consumer Health (Services) LLC Delaware JNTL HoldCo 2 LLC Delaware JNTL HoldCo 3 LLC Delaware JNTL HoldCo 4 LLC Delaware JNTL HoldCo 5 LLC Delaware JNTL HoldCo 6 LLC Delaware JNTL HoldCo 7 LLC Delaware JNTL HoldCo 8 LLC Delaware JNTL HoldCo LLC Delaware JNTL Holdings 2, Inc. Delaware JNTL Holdings 3, Inc. Delaware JNTL Holdings, Inc. Delaware Johnson & Johnson New Jersey Johnson & Johnson (Middle East) Inc. New Jersey Johnson & Johnson (Singapore) Holdco LLC Delaware Johnson & Johnson Consumer Inc. Nevada Johnson & Johnson Consumer Inc. New Jersey Johnson & Johnson Enterprise Innovation Inc. Delaware Johnson & Johnson Finance Corporation New Jersey Johnson & Johnson Gateway, LLC New Jersey Johnson & Johnson Health and Wellness Solutions, Inc. Michigan Johnson & Johnson Health Care Systems Inc. New Jersey Johnson & Johnson Innovation - JJDC, Inc. New Jersey Johnson & Johnson Innovation LLC Delaware Johnson & Johnson International New Jersey Johnson & Johnson Medical Devices & Diagnostics Group - Latin America, L.L.C. Florida Johnson & Johnson S.E., Inc. New Jersey Johnson & Johnson Services, Inc. New Jersey Johnson & Johnson Surgical Vision, Inc. Delaware Johnson & Johnson Urban Renewal Associates New Jersey AGENDA ITEM #6. d) G-4 Johnson & Johnson Vision Care, Inc. Florida JOM Pharmaceutical Services, Inc. Delaware Kenvue Inc. Delaware LTL Management LLC North Carolina McNeil Consumer Pharmaceuticals Co. New Jersey McNeil Healthcare LLC Delaware McNeil LA LLC Delaware McNEIL MMP, LLC New Jersey McNeil Nutritionals, LLC Delaware Medical Device Business Services, Inc. Indiana Medical Devices & Diagnostics Global Services, LLC Delaware Medical Devices International LLC Delaware MegaDyne Medical Products, Inc. Utah Mentor Partnership Holding Company I, LLC Delaware Mentor Texas GP LLC Delaware Mentor Texas L.P. Delaware Mentor Worldwide LLC Delaware Middlesex Assurance Company Limited Vermont Momenta Pharmaceuticals, Inc. Delaware NeoStrata Company, Inc. Delaware Netherlands Holding Company Delaware NeuWave Medical, Inc. Delaware Novira Therapeutics, LLC Delaware NuVera Medical, Inc. Delaware OMJ Pharmaceuticals, Inc. Delaware Omrix Biopharmaceuticals, Inc. Delaware Ortho Biologics LLC Delaware Ortho Biotech Holding LLC Delaware AGENDA ITEM #6. d) G-5 Patriot Pharmaceuticals, LLC Pennsylvania Peninsula Pharmaceuticals, LLC Delaware Percivia LLC Delaware preCARDIA, Inc. Delaware Princeton Laboratories, Inc. Delaware Prosidyan, Inc. Delaware Pulsar Vascular, Inc. Delaware Regency Urban Renewal Associates New Jersey Royalty A&M LLC North Carolina Rutan Realty LLC New Jersey Scios LLC Delaware SterilMed, Inc. Minnesota Synthes USA Products, LLC Delaware Synthes USA, LLC Delaware Synthes, Inc. Delaware TARIS Biomedical LLC Delaware TearScience, Inc. Delaware The Anspach Effort, LLC Florida The Vision Care Institute, LLC Florida Tibotec, LLC Delaware Torax Medical, Inc. Delaware Verb Surgical Inc. Delaware Vogue International LLC Delaware WH4110 Development Company, L.L.C. Georgia Zarbee's, Inc. Delaware International Subsidiaries: 3Dintegrated ApS Denmark Actelion Ltd Switzerland Actelion Pharmaceuticals Ltd Switzerland Actelion Pharmaceuticals Trading (Shanghai) Co., Ltd. China Actelion Treasury Unlimited Company Ireland AGENDA ITEM #6. d) G-6 AMO (Hangzhou) Co., Ltd. China AMO (Shanghai) Medical Devices Trading Co., Ltd. China AMO ASIA LIMITED Hong Kong AMO Australia Pty Limited Australia AMO Canada Company Canada AMO Denmark ApS Denmark AMO France France AMO Germany GmbH Germany AMO Groningen B.V. Netherlands AMO International Holdings Unlimited Company Ireland AMO Ireland Cayman Islands AMO Italy SRL Italy AMO Japan K.K. Japan AMO Netherlands BV Netherlands AMO Norway AS Norway AMO Puerto Rico Manufacturing, Inc. Cayman Islands AMO Singapore Pte. Ltd. Singapore AMO Switzerland GmbH Switzerland AMO United Kingdom, Ltd. United Kingdom AMO Uppsala AB Sweden Apsis France Backsvalan 6 Handelsbolag Sweden Beijing Dabao Cosmetics Co., Ltd. China Berna Rhein B.V. Netherlands Biosense Webster (Israel) Ltd. Israel C Consumer Products Denmark ApS Denmark Carlo Erba OTC S.r.l. Italy ChromaGenics B.V. Netherlands AGENDA ITEM #6. d) G-7 Ci:z. Labo Co., Ltd. Japan Cilag AG Switzerland Cilag GmbH International Switzerland Cilag Holding AG Switzerland Cilag Holding Treasury Unlimited Company Ireland Cilag-Biotech, S.L. Spain ColBar LifeScience Ltd. Israel Cordis de Mexico, S.A. de C.V. Mexico Corimmun GmbH Germany Debs-Vogue Corporation (Proprietary) Limited South Africa DePuy Hellas SA Greece DePuy International Limited United Kingdom DePuy Ireland Unlimited Company Ireland DePuy Mexico, S.A. de C.V. Mexico EES Holdings de Mexico, S. de R.L. de C.V. Mexico EES, S.A. de C.V. Mexico EIT Emerging Implant Technologies GmbH Germany Ethicon Endo-Surgery (Europe) GmbH Germany Ethicon Sarl Switzerland Ethicon Women's Health & Urology Sarl Switzerland Ethnor (Proprietary) Limited South Africa Ethnor del Istmo S.A. Panama Ethnor Farmaceutica, S.A. Venezuela, Bolivarian Republic of Finsbury (Development) Limited United Kingdom Finsbury (Instruments) Limited United Kingdom Finsbury Medical Limited United Kingdom Finsbury Orthopaedics International Limited United Kingdom Finsbury Orthopaedics Limited United Kingdom AGENDA ITEM #6. d) G-8 FMS Future Medical System SA Switzerland GATT Technologies B.V. Netherlands GH Biotech Holdings Limited Ireland Global Investment Participation B.V. Netherlands GMED Healthcare BV Belgium Guangzhou Bioseal Biotech Co., Ltd. China Hansen Medical Deutschland GmbH Germany Hansen Medical UK Limited United Kingdom Healthcare Services (Shanghai) Ltd. China Innomedic Gesellschaft für innovative Medizintechnik und Informatik mbH Germany J & J Company West Africa Limited Nigeria J&J Argentina S.A. Argentina J&J Pension Trustees Limited United Kingdom J&J Productos Medicos & Farmaceuticos del Peru S.A. Peru J.C. General Services BV Belgium Janssen Biologics (Ireland) Limited Ireland Janssen Biologics B.V. Netherlands Janssen Cilag Farmaceutica S.A. Argentina Janssen Cilag S.p.A. Italy Janssen Cilag SPA Algeria Janssen Cilag, C.A. Venezuela, Bolivarian Republic of Janssen Development Finance Unlimited Company Ireland Janssen Egypt LLC Egypt Janssen Farmaceutica Portugal Lda Portugal Janssen France Treasury Unlimited Company France Janssen Holding GmbH Switzerland Janssen Inc. Canada Janssen Irish Finance Unlimited Company Ireland AGENDA ITEM #6. d) G-9 Janssen Japan Treasury Unlimited Company Japan Janssen Korea Ltd. Korea, Republic of Janssen Mexico Treasury Unlimited Company Ireland Janssen Pharmaceutica (Proprietary) Limited South Africa Janssen Pharmaceutica NV Belgium Janssen Pharmaceutica S.A. Peru Janssen Pharmaceutical K.K. Japan Janssen Pharmaceutical Sciences Unlimited Company Ireland Janssen Pharmaceutical Unlimited Company Ireland Janssen R&D Ireland Unlimited Company Ireland Janssen Sciences Ireland Unlimited Company Ireland Janssen Vaccines & Prevention B.V. Netherlands Janssen Vaccines Corp. Korea, Republic of Janssen-Cilag France Janssen-Cilag (New Zealand) Limited New Zealand Janssen-Cilag A/S Denmark Janssen-Cilag AG Switzerland Janssen-Cilag Aktiebolag Sweden Janssen-Cilag AS Norway Janssen-Cilag B.V. Netherlands Janssen-Cilag d.o.o. Beograd Serbia Janssen-Cilag de Mexico S. de R.L. de C.V. Mexico Janssen-Cilag Farmaceutica Lda. Portugal Janssen-Cilag Farmaceutica Ltda. Brazil Janssen-Cilag GmbH Germany Janssen-Cilag International NV Belgium Janssen-Cilag Kft. Hungary Janssen-Cilag Limited United Kingdom AGENDA ITEM #6. d) G-10 Janssen-Cilag Limited Thailand Janssen-Cilag NV Belgium Janssen-Cilag OY Finland Janssen-Cilag Pharma GmbH Austria Janssen-Cilag Pharmaceutical S.A.C.I. Greece Janssen-Cilag Polska, Sp. z o.o. Poland Janssen-Cilag Pty Ltd Australia Janssen-Cilag S.A. Colombia Janssen-Cilag s.r.o. Czech Republic Janssen-Cilag, S.A. Spain Janssen-Cilag, S.A. de C.V. Mexico Janssen-Pharma, S.L. Spain J-C Health Care Ltd. Israel JJ Surgical Vision Spain, S.L. Spain JJC Acquisition Company B.V. Netherlands JJSV Belgium BV Belgium JJSV Manufacturing Malaysia SDN. BHD. Malaysia JJSV Norden AB Sweden JJSV Produtos Oticos Ltda. Brazil JNJ Global Business Services s.r.o. Czech Republic JNJ Holding EMEA B.V. Netherlands JNTL (APAC) HoldCo 3 Pte. Ltd. Singapore JNTL (APAC) HoldCo Pte. Ltd. Singapore JNTL (Malaysia) Sdn. Bhd. Malaysia JNTL (Puerto Rico) HoldCo GmbH Switzerland JNTL (Shanghai) Investment Co., Ltd. China JNTL (Switzerland) HoldCo GmbH Switzerland JNTL (UK) HoldCo Limited United Kingdom AGENDA ITEM #6. d) G-11 JNTL Consumer Health (Vietnam) Co. Ltd. Vietnam JNTL Consumer Health (Belgium) BV Belgium JNTL Consumer Health (Brazil) Ltda. Brazil JNTL Consumer Health (Czech Republic) s.r.o. Czech Republic JNTL Consumer Health (Dominican Republic), S.A.S. Dominican Republic JNTL Consumer Health (Finland) Oy Finland JNTL Consumer Health (France) SAS France JNTL Consumer Health (Hungary) Kft Hungary JNTL Consumer Health (India) Private Limited India JNTL Consumer Health (New Zealand) Limited New Zealand JNTL Consumer Health (Norway) AS Norway JNTL Consumer Health (Philippines) Inc. Philippines JNTL Consumer Health (Poland) sp. z o.o. Poland JNTL Consumer Health (Portugal) Limitada Portugal JNTL Consumer Health (Slovakia), s.r.o. Slovakia JNTL Consumer Health (Spain), S.L. Spain JNTL Consumer Health (Taiwan) Limited Taiwan (Province of China) JNTL Consumer Health General Services BV Belgium JNTL Consumer Health I (Ireland) Limited Ireland JNTL Consumer Health I (Switzerland) GmbH Switzerland JNTL Consumer Health II (Switzerland) GmbH Switzerland JNTL Consumer Health LLC Egypt JNTL Consumer Health Mexico, S. de R.L. de C.V. Mexico JNTL Consumer Health Middle East FZ-LLC United Arab Emirates AGENDA ITEM #6. d) G-12 JNTL Holdings B.V. Netherlands JNTL Ireland HoldCo 2 B.V. Netherlands JNTL Netherlands HoldCo B.V. Netherlands JNTL Turkey Tüketici Sağlığı Limited Şirketi Turkey Johnson & Johnson - Societa' Per Azioni Italy Johnson & Johnson (Angola), Limitada Angola Johnson & Johnson (Australia) Pty Ltd Australia Johnson & Johnson (Canada) Inc. Canada Johnson & Johnson (China) Investment Ltd. China Johnson & Johnson (Ecuador) S.A. Ecuador Johnson & Johnson (Egypt) S.A.E. Egypt Johnson & Johnson (Hong Kong) Limited Hong Kong Johnson & Johnson (Ireland) Limited Ireland Johnson & Johnson (Jamaica) Limited Jamaica Johnson & Johnson (Kenya) Limited Kenya Johnson & Johnson (Mozambique), Limitada Mozambique Johnson & Johnson (Namibia) (Proprietary) Limited Namibia Johnson & Johnson (New Zealand) Limited New Zealand AGENDA ITEM #6. d) G-13 Johnson & Johnson (Philippines), Inc. Philippines Johnson & Johnson (Private) Limited Zimbabwe Johnson & Johnson (Thailand) Ltd. Thailand Johnson & Johnson (Trinidad) Limited Trinidad and Tobago Johnson & Johnson (Vietnam) Co., Ltd Vietnam Johnson & Johnson AB Sweden Johnson & Johnson AG Switzerland Johnson & Johnson Bulgaria EOOD Bulgaria Johnson & Johnson China Ltd. China Johnson & Johnson Consumer (Hong Kong) Limited Hong Kong Johnson & Johnson Consumer (Thailand) Limited Thailand Johnson & Johnson Consumer B.V. Netherlands Johnson & Johnson Consumer Holdings France France Johnson & Johnson Consumer NV Belgium Johnson & Johnson Consumer Saudi Arabia Limited Saudi Arabia Johnson & Johnson Consumer Services EAME Ltd. United Kingdom Johnson & Johnson d.o.o. Slovenia Johnson & Johnson de Argentina S.A.C. e. I. Argentina Johnson & Johnson de Chile S.A. Chile Johnson & Johnson de Colombia S.A. Colombia Johnson & Johnson de Mexico, S.A. de C.V. Mexico Johnson & Johnson de Uruguay S.A. Uruguay Johnson & Johnson de Venezuela, S.A. Venezuela, Bolivarian Republic of Johnson & Johnson del Ecuador, S.A. Ecuador Johnson & Johnson Del Paraguay, S.A. Paraguay Johnson & Johnson del Peru S.A. Peru Johnson & Johnson do Brasil Industria E Comercio de Produtos Para Saude Ltda. Brazil Johnson & Johnson Dominicana, S.A.S. Dominican Republic Johnson & Johnson European Treasury Unlimited Company Ireland AGENDA ITEM #6. d) G-14 Johnson & Johnson Finance Limited United Kingdom Johnson & Johnson Financial Services GmbH Germany Johnson & Johnson for Export and Import LLC Egypt Johnson & Johnson Gesellschaft m.b.H. Austria Johnson & Johnson GmbH Germany Johnson & Johnson GT, Sociedad Anónima Guatemala Johnson & Johnson Guatemala, S.A. Guatemala Johnson & Johnson Hellas Commercial and Industrial S.A. Greece Johnson & Johnson Hellas Consumer Products Commercial Societe Anonyme Greece Johnson & Johnson Hemisferica S.A. Puerto Rico Johnson & Johnson Holding GmbH Germany Johnson & Johnson Holdings (Austria) GmbH Austria Johnson & Johnson Inc. Canada Johnson & Johnson Industrial Ltda. Brazil Johnson & Johnson Innovation Limited United Kingdom AGENDA ITEM #6. d) G-15 Johnson & Johnson International (Singapore) Pte. Ltd. Singapore Johnson & Johnson International Financial Services Unlimited Company Ireland Johnson & Johnson Irish Finance Company Limited Ireland Johnson & Johnson K.K. Japan Johnson & Johnson Kft. Hungary Johnson & Johnson Korea Selling & Distribution LLC Korea, Republic of Johnson & Johnson Korea, Ltd. Korea, Republic of Johnson & Johnson Limited United Kingdom Johnson & Johnson LLC Russian Federation Johnson & Johnson Luxembourg Finance Company Sarl Luxembourg Johnson & Johnson Management Limited United Kingdom Johnson & Johnson Medical (China) Ltd. China Johnson & Johnson Medical (Proprietary) Ltd South Africa Johnson & Johnson Medical (Shanghai) Ltd. China Johnson & Johnson Medical (Suzhou) Ltd. China Johnson & Johnson Medical B.V. Netherlands Johnson & Johnson Medical GmbH Germany AGENDA ITEM #6. d) G-16 Johnson & Johnson Medical Greece Single Member S.A. Greece Johnson & Johnson Medical Korea Ltd. Korea, Republic of Johnson & Johnson Medical Limited United Kingdom Johnson & Johnson Medical Mexico, S.A. de C.V. Mexico Johnson & Johnson Medical NV Belgium Johnson & Johnson Medical Products GmbH Austria Johnson & Johnson Medical Pty Ltd Australia Johnson & Johnson Medical S.A. Argentina Johnson & Johnson Medical S.p.A. Italy Johnson & Johnson Medical SAS France Johnson & Johnson Medical Saudi Arabia Limited Saudi Arabia Johnson & Johnson Medical Taiwan Ltd. Taiwan (Province of China) Johnson & Johnson Medical, S.C.S. Venezuela, Bolivarian Republic of Johnson & Johnson Medikal Sanayi ve Ticaret Limited Sirketi Turkey Johnson & Johnson MedTech (Thailand) Ltd. Thailand Johnson & Johnson Medtech Colombia S.A.S. Colombia Johnson & Johnson Middle East FZ-LLC United Arab Emirates Johnson & Johnson Morocco Societe Anonyme Morocco Johnson & Johnson Nordic AB Sweden Johnson & Johnson Pacific Pty Limited Australia Johnson & Johnson Pakistan (Private) Limited Pakistan Johnson & Johnson Panama, S.A. Panama Johnson & Johnson Personal Care (Chile) S.A. Chile Johnson & Johnson Pharmaceutical Ltd. China Johnson & Johnson Poland Sp. z o.o. Poland Johnson & Johnson Private Limited India Johnson & Johnson Pte. Ltd. Singapore AGENDA ITEM #6. d) G-17 Johnson & Johnson Pty. Limited Australia Johnson & Johnson Romania S.R.L. Romania Johnson & Johnson S.E. d.o.o. Croatia Johnson & Johnson Sante Beaute France France Johnson & Johnson SDN. BHD. Malaysia Johnson & Johnson Surgical Vision India Private Limited India Johnson & Johnson Taiwan Ltd. Taiwan (Province of China) Johnson & Johnson UK Treasury Company Limited United Kingdom Johnson & Johnson Ukraine LLC Ukraine Johnson & Johnson Vision Care (Australia) Pty Ltd Australia Johnson & Johnson Vision Care (Shanghai) Ltd. China Johnson & Johnson Vision Care Ireland Unlimited Company Ireland Johnson & Johnson Vision Korea, Ltd. Korea, Republic of Johnson & Johnson, Lda Portugal Johnson & Johnson, S.A. Spain Johnson & Johnson, S.A. de C.V. Mexico Johnson & Johnson, s.r.o. Slovakia Johnson & Johnson, s.r.o. Czech Republic AGENDA ITEM #6. d) G-18 Johnson and Johnson (Proprietary) Limited South Africa Johnson and Johnson Sihhi Malzeme Sanayi Ve Ticaret Limited Sirketi Turkey Johnson Y Johnson de Costa Rica, S.A. Costa Rica La Concha Land Investment Corporation Philippines McNeil AB Sweden McNeil Denmark ApS Denmark McNeil Healthcare (Ireland) Limited Ireland McNeil Healthcare (UK) Limited United Kingdom McNeil Iberica S.L.U. Spain McNeil Panama, LLC Panama McNeil Products Limited United Kingdom McNeil Sweden AB Sweden Medos International Sarl Switzerland Medos Sarl Switzerland Menlo Care De Mexico, S.A. de C.V. Mexico Mentor B.V. Netherlands Mentor Deutschland GmbH Germany Mentor Medical Systems B.V. Netherlands Momenta Ireland Limited Ireland NeoStrata UG (haftungsbeschränkt) Germany Neuravi Limited Ireland Obtech Medical Mexico, S.A. de C.V. Mexico OBTECH Medical Sarl Switzerland OGX Beauty Limited United Kingdom OMJ Holding GmbH Switzerland Omrix Biopharmaceuticals Ltd. Israel Omrix Biopharmaceuticals NV Belgium Orthospin Ltd. Israel Orthotaxy France Pharmadirect Ltd. Canada Pharmedica Laboratories (Proprietary) Limited South Africa Productos de Cuidado Personal y de La Salud de Bolivia S.R.L. Bolivia Proleader S.A. Uruguay AGENDA ITEM #6. d) G-19 PT Integrated Healthcare Indonesia Indonesia PT Johnson & Johnson Indonesia Indonesia PT Johnson and Johnson Indonesia Two Indonesia RespiVert Ltd. United Kingdom Review Manager Test Entity 2 France Serhum S.A. de C.V. Mexico Shanghai Elsker Mother & Baby Co., Ltd China Shanghai Johnson & Johnson Ltd. China Shanghai Johnson & Johnson Pharmaceuticals Ltd. China Sodiac ESV Belgium Spectrum Vision Limited Liability Company Russian Federation Spectrum Vision Limited Liability Company Ukraine Spectrum Vision Limited Liability Partnership Kazakhstan Surgical Process Institute Deutschland GmbH Germany Synthes Costa Rica S.C.R., Limitada Costa Rica SYNTHES GmbH Germany Synthes GmbH Switzerland Synthes Holding AG Switzerland Synthes Holding Limited United Arab Emirates SYNTHES Medical Immobilien GmbH Germany Synthes Medical Surgical Equipment & Instruments Trading LLC United Arab Emirates Synthes Produktions GmbH Switzerland Synthes Proprietary Limited South Africa Synthes S.M.P., S. de R.L. de C.V. Mexico Synthes Tuttlingen GmbH Germany UAB "Johnson & Johnson" Lithuania Vania Expansion France Vision Care Finance Unlimited Company Ireland Xian Janssen Pharmaceutical Ltd. China XO1 Limited United Kingdom AGENDA ITEM #6. d) H-1 EXHIBIT H One Washington Memorandum of Understanding between the Washington Municipalities AGENDA ITEM #6. d) H-2 AGENDA ITEM #6. d) H-3 AGENDA ITEM #6. d) H-4 AGENDA ITEM #6. d) H-5 AGENDA ITEM #6. d) H-6 AGENDA ITEM #6. d) H-7 AGENDA ITEM #6. d) H-8 AGENDA ITEM #6. d) H-9 AGENDA ITEM #6. d) H-10 AGENDA ITEM #6. d) H-11 AGENDA ITEM #6. d) H-12 AGENDA ITEM #6. d) H-13 AGENDA ITEM #6. d) H-14 AGENDA ITEM #6. d) H-15 AGENDA ITEM #6. d) H-16 AGENDA ITEM #6. d) H-17 AGENDA ITEM #6. d) H-18 AGENDA ITEM #6. d) H-19 AGENDA ITEM #6. d) H-20 AGENDA ITEM #6. d) H-21 AGENDA ITEM #6. d) H-22 AGENDA ITEM #6. d) H-23 AGENDA ITEM #6. d) H-2 4 AGENDA ITEM #6. d) H-25 AGENDA ITEM #6. d) H-26 AGENDA ITEM #6. d) H-27 AGENDA ITEM #6. d) H-28 AGENDA ITEM #6. d) H-29 AGENDA ITEM #6. d) H-30 AGENDA ITEM #6. d) H-31 AGENDA ITEM #6. d) H-32 AGENDA ITEM #6. d) H-33 AGENDA ITEM #6. d) H-34 AGENDA ITEM #6. d) H-35 AGENDA ITEM #6. d) H-36 AGENDA ITEM #6. d) H-37 AGENDA ITEM #6. d) H-38 AGENDA ITEM #6. d) H-39 AGENDA ITEM #6. d) I-1 EXHIBIT I Settlement Fund Administrator Terms I. Definitions A. This Settlement Fund Administrator Terms incorporates all defined terms in the Janssen Washington State-Wide Opioid Settlement Agreement (“Janssen Settlement Agreement”), unless otherwise defined herein, and shall be interpreted in a manner consistent with the Janssen Settlement Agreement. II. Establishment of the Settlement Fund Administrator A. Selection of the Settlement Fund Administrator. i. Subject to the removal provisions under Section II.C below, BrownGreer PLC is hereby selected as the Settlement Fund Administrator. ii. Within thirty (30) calendar days of the Effective Date of the Janssen Settlement Agreement, unless such time is extended by written agreement of Janssen and the State, a contract shall be negotiated and finalized with BrownGreer PLC. iii. The terms of the Settlement Fund Administrator shall be for the duration of the Janssen Settlement Agreement or as otherwise specified in the contract executed with such entity, unless the Settlement Fund Administrator is removed pursuant to Section II.C below. B. Governance of the Settlement Fund Administrator. i. The Settlement Fund Administrator will act as an independent and neutral third party to determine the allocation of payments under Section VI.C of the Janssen Settlement Agreement; administer and disburse funds from the Settlement Fund; and perform other duties as described below and in the Janssen Settlement Agreement. ii. All parties to the Janssen Settlement Agreement are entitled to rely upon information received from the Settlement Fund Administrator, whether in oral, written, or other form. No Party to the Janssen Settlement Agreement shall have any liability (whether direct or indirect, in contract or tort or otherwise) to any party for or in connection with any action taken or not taken by the Settlement Fund Administrator. In addition, no Party to the Janssen Settlement Agreement shall have any liability (whether direct or indirect, in contract or tort or otherwise) to any party for or in connection with any action taken or not taken by Janssen based on incorrect, inaccurate, incomplete or otherwise erroneous information or data provided by the Settlement Fund Administrator. For the avoidance of doubt, nothing in this paragraph alters Sections I to XI of the Janssen Settlement Agreement or any of the exhibits thereto. AGENDA ITEM #6. d) I-2 C. Removal of the Settlement Fund Administrator . i. The Settlement Fund Administrator may be removed for cause. The contract with each entity shall describe the standards for removing that entity for cause. ii. Disputes regarding the performance and/or removal of the Settlement Fund Administrator will be resolved in accordance with Section X of the Janssen Settlement Agreement. D. Funding of the Settlement Fund Administrator. i. The costs and fees associated with or arising out of the duties of the Settlement Fund Administrator shall be paid from the interest accrued on the LG Share portion of the funds in the Settlement Fund between the date of Janssen’s payment and the date of disbursement to the Subdivisions. Should such interest prove insufficient, the remaining costs and fees of the Settlement Fund Administrator shall be paid by Janssen. Payments will be made to the Settlement Fund Administrator within thirty (30) days after the initial disbursements to the State and the Subdivisions are completed, and if applicable, thirty (30) days after any holdback disbursement under Section V.D of the Janssen Settlement Agreement. ii. There will be a cap on the costs and fees of the Settlement Fund Administrator, which shall be dependent on the scope of services, the number and timing of distributions from the Settlement Fund, and the Settlement Fund Administrator’s reporting requirements. The cap on fees and costs shall be specified in the contract executed with the Settlement Fund Administrator. III. Calculation and Allocation of Payments A. General Principles. i. This Section III is intended to implement the relevant provisions of Sections VI and IX.B of the Janssen Settlement Agreement, the exhibits thereto, and the One Washington Memorandum of Understanding Between Washington Municipalities (the “One Washington MOU”). To the extent this Section III conflicts with the Janssen Settlement Agreement and/or the exhibits thereto, the Janssen Settlement Agreement shall control. ii. The Settlement Fund Administrator is entitled to rely upon information received from the Parties to the Janssen Settlement Agreement, whether in oral, written, or other form, for the purpose for which it was submitted, provided that such information is not disputed by another Party. B. Establishment of Settlement Fund. i. The Settlement Fund Administrator shall establish a Settlement Fund, as defined in Section II.25 of the Janssen Settlement Agreement and subject to Section IV.B below. AGENDA ITEM #6. d) I-3 C. Calculation of Allocations and Disbursement of Amounts from Settlement Fund. i. The Settlement Fund Administrator shall be responsible for calculating the allocation of Net Settlement Amount payments under Section VI of the Janssen Settlement Agreement and the One Washington MOU, as well as Participating Litigating Subdivisions’ attorneys’ fees and costs under Section IX.B of the Janssen Settlement Agreement and the One Washington MOU. ii. If the Janssen Settlement Agreement becomes effective and Janssen pays the Net Settlement Amount into the Settlement Fund pursuant to Sections V.B and V.C of the Janssen Settlement Agreement (subject to any holdback under Section V.D of the Janssen Settlement Agreement), the Settlement Fund Administrator shall: 1. disburse or cause to be disbursed 50% of the Net Settlement Amount to the State, pursuant to Section VI.A.1 of the Janssen Settlement Agreement; 2. deposit 15% of the 50% LG Share of the Net Settlement Amount into a government fee subfund, pursuant to Section D of the One Washington MOU; and 3. allocate and disburse or cause to be disbursed the remainder of the LG Share of the Net Settlement Amount to Participating Subdivisions in accordance with Sections B.3 and B.4 of the One Washington MOU. iii. The Settlement Fund Administrator, in cooperation with the Opioid Fee and Expense Committee as defined in the One Washington MOU, shall disburse or cause to be disbursed the monies in the government fee subfund according to the procedures set forth in Section D of the One Washington MOU. iv. If Janssen pays the $6,167,000 holdback amount into the Settlement Fund pursuant to Section V.D of the Janssen Settlement Agreement, the Settlement Fund Administrator shall allocate, deposite, and disburse or cause to be disbursed such holdback payment according to the principles stated in Sections III.C.ii and III.C.iii above. IV. Reporting Obligations A. Reporting of Non-Opioid Remediation Uses. i. The Settlement Fund Administrator shall set up a system to receive and preserve reports from the State States and Participating Subdivisions that have used monies from the Settlement Fund for purposes that do not qualify as Opioid Remediation, pursuant to Section VI.D of the Janssen Settlement Agreement. The Settlement Fund Administrator will not require the State and Participating Subdivisions without any such uses of money to submit a report, and the Settlement Fund Administrator may AGENDA ITEM #6. d) I-4 treat the failure to submit a report as confirmation that the State or Participating Subdivision had no such uses of money. ii. The State and Participating Subdivisions shall report to the Settlement Fund Administrator and Janssen the amount of funds received from the Settlement Fund used for purposes that do not qualify as Opioid Remediation (pursuant to Section VI.D of the Janssen Settlement Agreement). Such reports to the Settlement Fund Administrator and Janssen shall identify how such funds were used, including if used to pay attorneys’ fees, investigation costs, litigation costs, or costs related to the operation and enforcement of the Janssen Settlement Agreement, respectively. Such State or Participating Subdivision shall make such reports to the Settlement Fund Administrator and Janssen with respect to each six-month period ending on June 30 or December 31 of any year in which funds are received from the Settlement Fund. Such State or Participating Subdivision shall make each such report within ninety (90) days of the end of the applicable six-month period. iii. The Settlement Fund Administrator shall make the reporting under this Section IV.A available to the public. iv. The Settlement Fund Administrator shall track and assist in the report of the amount of remediation disbursed or applied during each fiscal year, broken down by primary funded strategy category listed in Exhibit J of the Janssen Settlement Agreement (with any permissible common costs prorated among strategies). v. Upon request by Janssen, the Settlement Fund Administrator shall agree to perform such further acts and to execute and deliver such further documents as may be reasonably necessary for Janssen to establish the statements set forth in Section XI.B of the Janssen Settlement Agreement to the satisfaction of their tax advisors, their independent financial auditors, the Internal Revenue Service, or any other governmental authority, including as contemplated by Treasury Regulations Section 1.162-21(b)(3)(ii) and any subsequently proposed or finalized relevant regulations or administrative guidance. Nothing herein shall be read to conflict with or limit the Parties’ obligations under Sections XI.B and XI.C of the Janssen Settlement Agreement. B. Qualified Settlement Fund Treatment. i. Janssen and the Settlement Fund Administrator shall agree that the Settlement Fund is intended to be classified as a “qualified settlement fund” within the meaning of Treasury regulations Section 1.468B-1, et seq. (and corresponding or similar provisions of state, local, or foreign law, as applicable). The Settlement Fund Administrator or any independent certified public accounting firm selected by Janssen to serve as administrator of the Settlement Fund for tax purposes (the “Tax Administrator”) shall not take any action or tax position inconsistent with such treatment. The Settlement Fund shall be treated as a qualified AGENDA ITEM #6. d) I-5 settlement fund from the earliest date possible, and Janssen and the Settlement Fund Administrator shall agree to any relation-back election required to treat the Settlement Fund as a qualified settlement fund from the earliest date possible. ii. The Settlement Fund Administrator or the Tax Administrator shall serve as administrator of the Settlement Fund for tax purposes. The Settlement Fund Administrator or Tax Administrator shall (i) obtain federal and state taxpayer identification numbers for the Settlement Fund and provide the same to Janssen and the Settlement Fund Administrator, (ii) be responsible for all tax reporting, withholding and filing requirements for the Settlement Fund, (iii) provide instructions to Janssen and the Settlement Fund Administrator for the release of sufficient funds from the Settlement Fund to pay all taxes owed by the Settlement Fund in accordance with Treasury regulations Section 1.468B-2 and any applicable state, local or other tax laws, and (iv) send copies of all such tax filings and returns to Janssen and the Settlement Fund Administrator. Janssen and the Settlement Fund Administrator shall provide such cooperation and information as the Tax Administrator may reasonably request in performing the responsibilities set forth in this Section IV. AGENDA ITEM #6. d) J-1 EXHIBIT J List of Opioid Remediation Uses Schedule A Core Strategies States and Qualifying Block Grantees shall choose from among the abatement strategies listed in Schedule B. However, priority shall be given to the following core abatement strategies (“Core Strategies”).1 A. NALOXONE OR OTHER FDA-APPROVED DRUG TO REVERSE OPIOID OVERDOSES Expand training for first responders, schools, community support groups and families; and Increase distribution to individuals who are uninsured or whose insurance does not cover the needed service. B. MEDICATION-ASSISTED TREATMENT (“MAT”) DISTRIBUTION AND OTHER OPIOID-RELATED TREATMENT 1. Increase distribution of MAT to individuals who are uninsured or whose insurance does not cover the needed service; 2. Provide education to school-based and youth-focused programs that discourage or prevent misuse; 3. Provide MAT education and awareness training to healthcare providers, EMTs, law enforcement, and other first responders; and 4. Provide treatment and recovery support services such as residential and inpatient treatment, intensive outpatient treatment, outpatient therapy or counseling, and recovery housing that allow or integrate medication and with other support services. 1 As used in this Schedule A, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs. AGENDA ITEM #6. d) J-2 C. PREGNANT & POSTPARTUM WOMEN 1. Expand Screening, Brief Intervention, and Referral to Treatment (“SBIRT”) services to non-Medicaid eligible or uninsured pregnant women; 2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for women with co- occurring Opioid Use Disorder (“OUD”) and other Substance Use Disorder (“SUD”)/Mental Health disorders for uninsured individuals for up to 12 months postpartum; and 3. Provide comprehensive wrap-around services to individuals with OUD, including housing, transportation, job placement/training, and childcare. D. EXPANDING TREATMENT FOR NEONATAL ABSTINENCE SYNDROME (“NAS”) 1. Expand comprehensive evidence-based and recovery support for NAS babies; 2. Expand services for better continuum of care with infant- need dyad; and 3. Expand long-term treatment and services for medical monitoring of NAS babies and their families. E. EXPANSION OF WARM HAND-OFF PROGRAMS AND RECOVERY SERVICES 1. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments; 2. Expand warm hand-off services to transition to recovery services; 3. Broaden scope of recovery services to include co-occurring SUD or mental health conditions; 4. Provide comprehensive wrap-around services to individuals in recovery, including housing, transportation, job placement/training, and childcare; and 5. Hire additional social workers or other behavioral health workers to facilitate expansions above. AGENDA ITEM #6. d) J-3 F. TREATMENT FOR INCARCERATED POPULATION 1. Provide evidence-based treatment and recovery support, including MAT for persons with OUD and co-occurring SUD/MH disorders within and transitioning out of the criminal justice system; and 2. Increase funding for jails to provide treatment to inmates with OUD. G. PREVENTION PROGRAMS 1. Funding for media campaigns to prevent opioid use (similar to the FDA’s “Real Cost” campaign to prevent youth from misusing tobacco); 2. Funding for evidence-based prevention programs in schools; 3. Funding for medical provider education and outreach regarding best prescribing practices for opioids consistent with the 2016 CDC guidelines, including providers at hospitals (academic detailing); 4. Funding for community drug disposal programs; and 5. Funding and training for first responders to participate in pre-arrest diversion programs, post-overdose response teams, or similar strategies that connect at-risk individuals to behavioral health services and supports. H. EXPANDING SYRINGE SERVICE PROGRAMS 1. Provide comprehensive syringe services programs with more wrap-around services, including linkage to OUD treatment, access to sterile syringes and linkage to care and treatment of infectious diseases. I. EVIDENCE-BASED DATA COLLECTION AND RESEARCH ANALYZING THE EFFECTIVENESS OF THE ABATEMENT STRATEGIES WITHIN THE STATE AGENDA ITEM #6. d) J-4 Schedule B Approved Uses Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 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 through evidence-based or evidence- informed programs or strategies that may include, but are not limited to, those that:2 1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of Medication-Assisted Treatment (“MAT”) approved by the U.S. Food and Drug Administration. 2. Support and reimburse evidence-based services that adhere to the American Society of Addiction Medicine (“ASAM”) continuum of care for OUD and any co-occurring SUD/MH conditions. 3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, 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 or evidence-informed practices such as adequate methadone dosing and low threshold approaches to treatment. 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 and for persons who have experienced an opioid overdose. 6. Provide treatment of trauma for individuals with OUD (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 evidence-based withdrawal management services for people with OUD and any co-occurring mental health conditions. 2 As used in this Schedule B, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs. AGENDA ITEM #6. d) J-5 8. Provide training on MAT for health care providers, first responders, 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. 10. Offer fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments. 11. Offer scholarships and supports for behavioral health practitioners or workers involved in addressing OUD and any co-occurring SUD/MH or mental health conditions, including, but not limited to, training, scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or underserved areas. 12. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction 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. 13. Disseminate web-based training curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service–Opioids web-based training curriculum and motivational interviewing. 14. Develop and disseminate 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 recovery from OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the programs or strategies that: 1. Provide comprehensive wrap-around services to individuals with OUD and any co- occurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare. 2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community-based services. 3. 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. AGENDA ITEM #6. d) J-6 4. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA-approved mediation with other support services. 5. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions. 6. 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. 7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions. 8. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions. 9. 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. 10. 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 support the person with OUD in the family. 11. Provide training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma. 12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment. 13. Create or support culturally appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions, including new Americans. 14. Create and/or support recovery high schools. 15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above. C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED (CONNECTIONS TO CARE) Provide connections to care for people who have—or are at risk of developing—OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that: AGENDA ITEM #6. d) J-7 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. Fund SBIRT programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid. 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. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments. 6. Provide training for emergency room personnel treating opioid overdose patients on post-discharge planning, including community referrals for MAT, recovery case management or support services. 7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically appropriate follow-up care through a bridge clinic or similar approach. 8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid overdose. 9. 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. 10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co- occurring SUD/MH conditions or to persons who have experienced an opioid overdose. 11. Expand warm hand-off services to transition to recovery services. 12. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people. 13. Develop and support best practices on addressing OUD in the workplace. 14. Support assistance programs for health care providers with OUD. AGENDA ITEM #6. d) J-8 15. Engage non-profits and the faith community as a system to support outreach for treatment. 16. 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. D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE-INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that: 1. Support pre-arrest or pre-arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as: 1. Self-referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (“PAARI”); 2. Active outreach strategies such as the Drug Abuse Response Team (“DART”) model; 3. “Naloxone Plus” strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services; 4. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (“LEAD”) model; 5. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or 6. Co-responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise. 2. Support pre-trial services that connect individuals with OUD and any co-occurring SUD/MH conditions to evidence-informed treatment, including MAT, and related services. 3. Support treatment and recovery courts that provide evidence-based options for persons with OUD and any co-occurring SUD/MH conditions. 4. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are incarcerated in jail or prison. AGENDA ITEM #6. d) J-9 5. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are leaving jail or prison or have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities. 6. Support critical time interventions (“CTI”), particularly for individuals living with dual-diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings. 7. Provide training on best practices for addressing the needs of criminal justice- involved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, 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, and the needs of their families, including babies with neonatal abstinence syndrome (“NAS”), through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that: 1. Support evidence-based or evidence-informed 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, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome. 2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for uninsured women with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum. 3. Provide training for obstetricians or other healthcare personnel who work with pregnant women and their families regarding treatment of OUD and any co-occurring SUD/MH conditions. 4. Expand comprehensive evidence-based treatment and recovery support for NAS babies; expand services for better continuum of care with infant-need dyad; and expand long-term treatment and services for medical monitoring of NAS babies and their families. 5. 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 NAS get referred to appropriate services and receive a plan of safe care. AGENDA ITEM #6. d) J-10 6. Provide child and family supports for parenting women with OUD and any co- occurring SUD/MH conditions. 7. Provide enhanced family support and child care services for parents with OUD and any co-occurring SUD/MH conditions. 8. 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. 9. Offer home-based wrap-around services to persons with OUD and any co-occurring SUD/MH conditions, including, but not limited to, parent skills training. 10. Provide support for Children’s Services—Fund additional positions and services, including supportive housing and other residential services, relating to children being 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 or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Funding medical provider education and outreach regarding best prescribing practices for opioids consistent with the Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing). 2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids. 3. Continuing Medical Education (CME) on appropriate prescribing of opioids. 4. Providing Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi-modal, evidence-informed treatment of pain. 5. Supporting enhancements or improvements to Prescription Drug Monitoring Programs (“PDMPs”), including, but not limited to, improvements that: 1. Increase the number of prescribers using PDMPs; 2. Improve point-of-care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or AGENDA ITEM #6. d) J-11 3. 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 in a manner that complies with all relevant privacy and security laws and rules. 6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation’s Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules. 7. Increasing electronic prescribing to prevent diversion or forgery. 8. Educating dispensers on appropriate opioid dispensing. G. PREVENT MISUSE OF OPIOIDS Support efforts to discourage or prevent misuse of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Funding media campaigns to prevent opioid misuse. 2. Corrective advertising or affirmative public education campaigns based on evidence. 3. Public education relating to drug disposal. 4. Drug take-back disposal or destruction programs. 5. Funding community anti-drug coalitions that engage in drug prevention efforts. 6. Supporting 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”). 7. Engaging non-profits and faith-based communities as systems to support prevention. 8. Funding evidence-based prevention programs in schools or evidence-informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent-teacher and student associations, and others. 9. 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. AGENDA ITEM #6. d) J-12 10. Create or support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions. 11. 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. 12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health workers or other school staff, to address mental health needs in young people that (when not properly addressed) increase the risk of opioid or another drug misuse. H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1. Increased availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public. 2. Public health entities providing free naloxone to anyone in the community. 3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public. 4. Enabling school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support. 5. Expanding, improving, or developing 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. Educating first responders regarding the existence and operation of immunity and Good Samaritan laws. 9. Syringe service programs and other evidence-informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs. AGENDA ITEM #6. d) J-13 10. Expanding access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. 11. Supporting mobile units that offer or provide referrals to harm reduction services, 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. 12. Providing training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co-occurring SUD/MH conditions. 13. Supporting screening for fentanyl in routine clinical toxicology testing. PART THREE: OTHER STRATEGIES I. FIRST RESPONDERS In addition to items in section C, D and H relating to first responders, support the following: 1. Education of law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. 2. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid-related emergency events. J. LEADERSHIP, PLANNING AND COORDINATION Support efforts to provide leadership, planning, coordination, facilitations, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Statewide, regional, local or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment intervention services, and to support training and technical assistance and other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 2. A dashboard to (a) share reports, recommendations, or plans to spend opioid settlement funds; (b) to show how opioid settlement funds have been spent; (c) to report program or strategy outcomes; or (d) to track, share or visualize key opioid- or health-related indicators and supports as identified through collaborative statewide, regional, local or 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 AGENDA ITEM #6. d) J-14 overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, 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 throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, those that: 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. Support infrastructure and staffing for collaborative cross-system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co- occurring SUD/MH conditions, 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, data collection 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 novel harm reduction and prevention efforts such as the provision of fentanyl test strips. 5. Research on innovative supply-side enforcement efforts such as improved detection of mail-based delivery of synthetic opioids. 6. 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). AGENDA ITEM #6. d) J-15 7. Epidemiological surveillance of OUD-related behaviors in critical populations, including individuals entering the criminal justice system, including, but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring (“ADAM”) system. 8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids. 9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes. AGENDA ITEM #6. d) B-1 EXHIBIT B Settlement Participation Form Governmental Entity: State: Authorized Official: Address 1: Address 2: City, State, Zip: Phone: Email: The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Janssen Washington State-Wide Opioid Settlement Agreement dated January 22, 2024 (“Janssen Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Janssen Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1. The Governmental Entity is aware of and has reviewed the Janssen 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 Janssen Settlement and become a Participating Subdivision as provided therein. 2. The Governmental Entity shall, within 30 days of the filing of the Consent Judgment, secure the dismissal with prejudice of any Released Claims that it has filed. 3. The Governmental Entity agrees to the terms of the Janssen Settlement pertaining to Subdivisions as defined therein. 4. By agreeing to the terms of the Janssen 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 Janssen Settlement solely for the purposes provided therein. 6. The Governmental Entity submits to the jurisdiction of the court 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 Janssen Settlement. 7. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Janssen Settlement, including but not limited to all provisions of Section IV (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity AGENDA ITEM #6. d) B-2 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 Janssen 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 Janssen Settlement shall be a complete bar to any Released Claim. 8. In connection with the releases provided for in the Janssen 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 Janssen Settlement. 9. This Settlement Participation Form shall be deemed effective as of the Effective Date of the Janssen Settlement. 10. Nothing herein is intended to modify in any way the terms of the Janssen Settlement, to which Governmental Entity hereby agrees. To the extent this Election and Release is interpreted differently from the Janssen Settlement in any respect, the Janssen Settlement controls. AGENDA ITEM #6. d) B-3 I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity. Signature: _____________________________ Name: _____________________________ Title: _____________________________ Date: _____________________________ AGENDA ITEM #6. d) AB - 3528 City Council Regular Meeting - 15 Apr 2024 SUBJECT/TITLE: Amendment No. 3 to CAG-22-376 with Graham Baba Architects and Pavilion Remodel RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works Facilities Division STAFF CONTACT: Deborah Boodell, Capital Project Coordinator EXT.: 206-556-5026 FISCAL IMPACT SUMMARY: Funding for this amendment in the amount of $132,400.00 is available from the approved 2024 CIP Pavilion Remodel budget. There is sufficient funding in the budget to cover this amendment. The funding source is 316.220080.015.518.30.48.000. CAG #22-376 is assigned to this project. SUMMARY OF ACTION: This amendment increases design services for the Pavillion Project. During design additional scope was required for the service alley, modification to the trash enclosure, bollard replacement, grade pavers, and curb cuts. In addition, we have added conceptual design services for the North facade that includes signage, window, and facade graphics throughout the market. Please see Exhibit A for the full proposal. Two subconsultants are added with this amendment. 1. Studio Matthews – Design services for the entire market branding that includes wayfinding, North facade, and glazing graphics. 2. KPFF Engineers – Civil design services. Schedule: Completion December 31, 2025. Budget: The total Professional Service Agreement plus the approved Amendments No. 1 and No. 2 is $861,979.00. The amount for Amendment No. 3 is $132,400.00. The revised total Professional Service Agreement is $994,379.00. The funding source for this project is GL 316.220080.015.518.30.48.000. EXHIBITS: A. Exhibit A-3 STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute amendment No. 3 to the agreement withGraham Baba Architects in the amount of $132,400.00 for additional scope of workfor thePavilion Remodel project. This includes design services for architectural, civil engineering and building graphics scopes of work added by this amendment. AGENDA ITEM #6. e) 1507 Belmont Avenue . Suite 200 . Seattle . Washington . 98122 . 206.323.9932 Initials Page 1 of 3 ADDITONAL SERVICES REQUEST 03_REVISED.2 Date March 4, 2024 Between the “Client” Deborah Boodell PW Facilities -- Capital Project Coordinator City of Renton – Public Works 1055 S. Grady Way Renton, WA 98057 And “Architect” Graham Baba Architects 1507 Belmont Avenue, Suite 200 Seattle, WA 98122 For the “Project” Multiple Additional Tasks Under the “Agreement” Agreement for Conceptual Redevelopment Study and Design Dated December 6, 2022 Additional Services Description: A. SCOPE OF ADDITIONAL SERVICES:The Client authorizes Graham Baba Architects to perform the following Additional Services:1.Miscellaneous Scope:Graham Baba services + KPFF Civil Engineering Additional Service Request #1 + Studio Matthews Fee Proposal “Part1”•Additional GBA scope for expansion of the service alley, including modifications to the trash enclosure, addition of bollards, modifications to grade/pavers and curb cut at south entry. •Includes GBA’s time to attend (2) client meetings and (2) coordination meetings with Civil. •Coordination and document review with civil engineer. •GBA’s time to select bollards and coordinate with specifications. •Review of submittals and coordination during construction. •KPFF Proposal for Civil Engineering Additional Service Request #1 includes the Civil Engineering fee. An additional 10% administrative fee will be added by GBA as a separate line item (See D. on next page). •3 additional weeks of administrative time for extended schedule required to incorporate items included in this additional services request. •Administrative time associated with preparing and executing the additional service, including time to solicit, review and coordinate sub-consultant proposals •Conceptual design for North façade •Includes 3 architectural conceptual design options for the north façade. •Includes coordination with Studio Matthews for options incorporating graphics as part of the façade improvements. •This additional service includes a conceptual presentation only; and excludes further development of the design and incorporation into permit, bid, or construction documents. (If Renton elects to proceed with one of the design enhancements, Graham Baba can prepare a follow-on additional service request to execute on the desired design change.) •Signage, Window Graphics, Facade Graphics •Attendance at (1) kick-off meeting and (4) hour-long client meetings to present options and final conceptual design. •Attendance at (6) hour-long virtual coordination meetings during DD and CD phases with Studio Matthews. •Attendance at (2) hour-long virtual coordination meetings during CA Phase. EXHIBIT A - 3 AGENDA ITEM #6. e) 1507 Belmont Avenue . Suite 200 . Seattle . Washington . 98122 . 206.323.9932 Initials Page 2 of 3 •Time to review submittals and coordination during CA. •Studio Matthews Proposal for “Part 1” includes signage/window and façade graphics design fee. An additional 10% administrative fee will be added by GBA as a separate line item (See D. next page).2.Branding Scope: Graham Baba services + Studio Matthews “Part 2” Scope •Attendance at kick-off meeting and (3) hour-long branding meetings with Studio Matthews and the City to support branding effort. •Studio Matthews Proposal for “Part 2” includes brand design for Renton Market Pavilion. An additional 10% administrative fee will be added by GBA as a separate line item (See D. next page).3.Renton Heart Blocks and Piazza Park Scoping and Planning Sessions: Graham Baba services a) GBA engagement to date in emails, correspondence, phone calls and remote and in-person meetings related to the Renton Heart Blocks planning sessions with the City of Renton stakeholders and their consultants. b) Meetings, emails and coordination of Piazza Park/Gateway Park/Logan Avenue project scoping c) Excludes Civil Engineering and Landscape Architect from this scope of work d) Proposal also includes fee for time spent to date on this scope of work. The following tasks are anticipated: •Travel to/from Renton’s City Hall to attend up to ten 2-hour long meetings •Minimal coordination time needed for scheduling meetings, review of agendasB. EXCLUSIONS:This proposal excludes: •Administration of, and agenda and meeting notes for, Heart Blocks Planning Sessions. •Reimbursable expenses. Reimbursable expenses are in addition to our design fees and will be invoiced per the terms of our contract. •Special presentation materials for the meetings (renderings etc.) •Other research, design studies, or deliverablesC. COMPENSATION:1.Miscellaneous Scope:The cost of this work will be incorporated into our existing lump-sum fee schedule as follows:Conceptual Redevelop-ment Study ASR O1 SD DD CD Bidding CA & Project Close-Out Total Architectural -- -- $21,903 $8,715 -- $3,335 $33,953 Civil -- -- $9,100 $6,900 -- -- $16,000 Graphics -- -- $22,780 $14,970 -- $16,400 $54,150 10% Admin. -- -- $3,188 $2,187 -- $1,640 $7,015 Misc Scope Sub- Total -- -- $56,971 $32,772 -- $21,375 $111,118 Under Contract $106,862 $10,000 $161,857 $184,023 $234,859 $19,064 $145,314 $861,979 New Phase Total $106,862 $10,000$161,857 $240,994$267,631$19,064$166,689 $973,097 Total Miscellaneous Scope Amount: $111,118 (Note: We have provided a break-down of consultant costs to assist Renton in understanding how we derived the fee, but these do not represent individual lump-sum fees.) AGENDA ITEM #6. e) 1507 Belmont Avenue . Suite 200 . Seattle . Washington . 98122 . 206.323.9932 Initials Page 3 of 3 2.Branding Scope: We will track this work separately and invoice the work on a lump-sum, percentage complete basis as follows: Discipline Fee Architecture $2,670 Branding $16,920 Consultant Mark-Up $1,692 Total 21,282 (Note: We have provided a break-down of consultant costs to assist Renton in understanding how we derived the fee, but these do not represent individual lump-sum fees.) Current Total Base Contracted Amount (Amendment #2): $861,979.00 New Total Base Contracted Amount (Current Contract + Miscellaneous + Branding Scope): $994,379 Brian Jonas, Principal/Owner GRAHAM BABA ARCHITECTS AGENDA ITEM #6. e) AB - 3529 City Council Regular Meeting - 15 Apr 2024 SUBJECT/TITLE: New Lease with Verizon Wireless at Highlands Reservoir LAG 24-001 RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works Facilities Division STAFF CONTACT: Jeff Minisci, Facilities Director EXT.: 6643 FISCAL IMPACT SUMMARY: The city will receive $7,500 as a one-time administration fee, plus $2,800 monthly with annual increase of 3%. This is estimated to generate $178,000 over the 5 year lease term. SUMMARY OF ACTION: A new five-year lease (LAG-24-001) with Verizon Wireless. The lessee is engaged in the operations of communications and desires to lease a portion of property from the city at the Highlands Reservoir site, 3410 NE 12th St, Renton, WA. Verizon Wireless will lease a portion of the land and a position on water tower for their equipment. They install, maintain, repair, and update their equipment for the duration of the lease. They will require a city escort onto the site anytime they have a need to access or service their equipment. Terms of the lease:  Five (5) year lease effective February 1, 2023. Back rent will be calculated after the approval of this lease agreement.  One time administration fee of $7,500 for processing  Monthly fee of $2,800 with 3% annual increase Total revenue generated over contract term is estimated at $178,000 or more with 3% annual increase. EXHIBITS: A. Lease LAG-24-001 STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the lease with Verizon Wireless at Highlands Reservoir for 5 years, effective February 1, 2023, to January 31, 2028. Verizon has agreed to pay backdated rent. The city will receive $7,500 a one-time administration fee, plus $2,800 monthly with annual increase of 3% approximately $178,000 over 5 years lease term. AGENDA ITEM #6. f) City Site Name: Highlands Reservoir VZW Site Name: SEA HONEYDEW/ MDG: 5000190313 1 of 40 Highlands Reservoir/SEA HONEYDEW 4865-6050-6247, v. 1 WIRELESS COMMUNICATION FACILITIES SITE LEASE AGREEMENT THIS SITE LEASE AGREEMENT (“Lease”, “Agreement”, or “Lease Agreement”) is made as of this _______ day of ____________, 2024, (the “Effective Date”) by and between the City of Renton, a Washington municipal corporation (the “City”), and Seattle SMSA Limited Partnership d/b/a Verizon Wireless, having an office at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (“Lessee”). The City and Lessee are sometimes referred to collectively in this Agreement as the “Parties.” Renton’s Facilities Division (“Facilities”) is the custodian of the property. RECITALS WHEREAS, the City supports increased availability and improved communications services for its citizens and businesses; and WHEREAS, the City’s primary responsibility is to provide municipal services to its citizens and businesses and to lease City facilities to private communication companies if such lease will not interfere with the delivery of those municipal services; and WHEREAS, opportunities for the City to lease City property should be marketed to accomplish the greatest exposure and to achieve the best value for the City and its residents; and WHEREAS, City-owned property must be leased at no less than fair market value; and WHEREAS, the City owns certain improved real property and facilities including, but not limited to, water reservoirs, pump station, emergency power generator and related appurtenances located at 3410 NE 12th St, Renton, Washington, commonly referred to as the SEA HONEYDEW /Highlands Reservoir site, which is legally described in Exhibit A, attached and fully incorporated by reference into this Lease (“Property”); and WHEREAS, the Lessee is engaged in the operation of communications and desires to lease from the City, and the City is willing to lease that portion of the Property which is marked as “Lessee’s Equipment Facility Area” described in Exhibit B, attached and fully incorporated by reference into this Lease; and TERMS OF NON-EXCLUSIVE LEASE NOW THEREFORE, for valuable consideration the sufficiency of which is acknowledged and in consideration of the terms, conditions, covenants and performances contained in this Lease, the Parties mutually agree to incorporate the above-noted Recitals and agree as follows: 1.The City Represents the Following: DocuSign Envelope ID: A9438A8B-11C3-4D42-B612-413826325BAD LAG-24-001 LAG-24-001 AGENDA ITEM #6. f) City Site Name: Highlands Reservoir VZW Site Name: SEA HONEYDEW/ MDG: 5000190313 2 of 40 Highlands Reservoir/SEA HONEYDEW 4865-6050-6247, v. 1 A.It owns the Property and Lessee’s Equipment Facility Area and all appurtenances to the Property and Equipment Facility Area not owned by other Lessees; B.It is fully authorized to enter into this Lease; and C.The individual executing this Lease on behalf of the City is authorized to bind the City to the provisions of this Lease. 2.Areas Leased / Equipment Facility Area: A. The City leases to Lessee at Lessee’s sole responsibility and expense, a non- exclusive portion of the Property, identified in this Lease as Lessee’s Equipment Facility Area, (Exhibit B), together with non-exclusive access rights to the City’s conduits if the conduits are available as determined solely by the City, as further described in Exhibit C, attached and fully incorporated by reference into this Lease, and access rights to and from Lessee’s Equipment Facility Area through the Property to the public right-of-way, sufficient for Lessee’s use of Lessee’s Equipment Facility Area, as outlined in Paragraph 3 of this Lease. Any changes to the location of Lessee’s access right (described in Exhibit C) are subject to the City’s approval. B. Lessee has examined the Property and accepts Lessee’s Equipment Facility Area and surrounding Property “as is,” in its present condition as part of the consideration of this Lease. 3. Permitted Use: The Lessee may use Lessee’s Equipment Facility Area only for the installation, operation, maintenance, replacement, modification, upgrade and removal at Lessee’s sole responsibility and expense, of Lessee’s un-staffed antenna site equipment, to be referred to as “Lessee’s Site Equipment.” The Site Equipment on the Property shall comprise only those items described on Exhibit D, attached and fully incorporated by reference into this Lease. The definition of what is included as Lessee’s Site Equipment in Exhibit D may only be modified by written agreement of the Parties. Lessee shall not use the Property for any other purpose without the City’s prior written consent, which the City may withhold for any reason at the City’s sole discretion. 4. Effective Date: All references in this Lease to the “Effective Date,” “Acceptance Date”, “the date hereof,” or similar references shall be deemed to refer to the date on which the City has executed and acknowledged this Lease, as shown on the first page of this Lease. 5. Term: This Lease shall commence on February 1, 2023 (“Commencement Date”), and shall expire five (5) years from such date on January 31, 2028 ("Initial Term"); provided that this Lease may be extended for up to two (2) additional terms of five (5) years each (“Renewal Term”). Such extension shall be by written agreement and addendum to this Lease. Termination provisions are provided in Paragraph 38. DocuSign Envelope ID: A9438A8B-11C3-4D42-B612-413826325BAD AGENDA ITEM #6. f) City Site Name: Highlands Reservoir VZW Site Name: SEA HONEYDEW/ MDG: 5000190313 3 of 40 Highlands Reservoir/SEA HONEYDEW 4865-6050-6247, v. 1 6.Initial Staff Time; Rent; Subsequent Adjustments; Holdover Rent & Charges for Late Payment: A.Initial Staff Time: Lessee shall pay a one-time fee in the amount of Seven Thousand-Five Hundred Dollars ($7,500) within thirty (30) days following the Effective Date for initial staff time in preparing this Agreement. This fee shall be delivered or mailed to the address in Paragraph 6.C below. Lessee may incur additional fees, the amount to be determined by the City, if Lessee requests significant revisions to Lessee’s Equipment Facility Area and/or additional area within the Property. B.At the City’s discretion, a licensed engineer of the City’s choice shall review, inspect, and approve the original installation and any future modifications and additions to the Site Equipment. Lessee shall bear the reasonable cost of such approval and inspection. C.Monthly Rents: 1.Monthly Rent is the amounts as defined in Paragraph 6.D below, plus Washington Leasehold Excise Tax. Lessee is responsible to pay the Leasehold Excise Tax either directly to the State and to provide proof of such payment to the City as set forth in Paragraph 7 below or to pay the Leasehold Excise Tax directly to City. 2.Rent payments shall reference, “LAG-24-001 - Highlands Reservoir Wireless Communications Lease,” and shall be delivered electronically as approved by the City of Renton Finance Department or mailed to: City of Renton Finance Department 1055 South Grady Way Renton, Washington 98057 3. Rent for any partial month at the beginning or end of the term of this Lease shall be prorated. D.Rents Due: 1. Commencing February 1, 2023, Monthly Rent for the calendar year 2023 shall be Two Thousand Eight Hundred and No/100 Dollars ($2,800.00) each month invoiced monthly by the City, plus Washington Leasehold Excise Tax, if applicable. 2. The Monthly Rent amount shall increase three percent (3%) per year commencing February 1, 2023, and for each year thereafter. E.The City retains the right to identify additional charges/rent in a proportional amount, for any additional requests by Lessee for lease space outside Lessee’s Equipment Facility Area. The City may, in its sole discretion, deny such a request for any reason. F.Receipt of any Rent by the City, with knowledge of any breach of this Lease by Lessee, or of any default on the part of Lessee in the observance or performance of any DocuSign Envelope ID: A9438A8B-11C3-4D42-B612-413826325BAD AGENDA ITEM #6. f) City Site Name: Highlands Reservoir VZW Site Name: SEA HONEYDEW/ MDG: 5000190313 4 of 40 Highlands Reservoir/SEA HONEYDEW 4865-6050-6247, v. 1 of the conditions or covenants of this Lease shall not be deemed a waiver of any provision of this Lease. G. If after the end of the Initial Term or any Renewal Term, as the case may be, Lessee continues to use the Property without entering into a new lease with the City, and/or the City has not provided written notice to Lessee that the Lease will not be renewed, the Lessee shall become a Tenant on a month-to-month basis on the same terms and conditions of this Lease, and pay monthly Rent equivalent to the Monthly Rent at the time the Term ends including the annual three percent (3%) increase in Paragraph 6.D.2 above H. If any sums payable to the City under this Lease are not received by the City on or before the fifth (5th) day following its due date, the Lessee agrees to pay a late fee of Two Hundred Dollars ($200) which shall be due and payable with the Rent payment. There shall be a Twenty-five Dollars ($25) fee assessed to the Lessee if a bank or other financial institution returns a check to the City with the indication that the check cannot be honored or indicates insufficient funds for electronic payment of Rent. The City and Lessee agree that such charges represent a fair and reasonable estimate of the costs incurred by the City by reason of late payments and uncollectible checks, and the failure by the Lessee to pay any such charges by no later than thirty (30) calendar days after Lessee’s receipt of written demand for payment by the City together with reasonable supporting documentation evidencing such charges shall be a default under this Lease. The City’s acceptance of less than the full amount of any payment due from the Lessee shall not be deemed an accord and satisfaction, waiver, or compromise of such payment unless specifically agreed to in writing by the City. 7. Taxes, Assessments & Utilities: The Lessee agrees to pay all taxes and assessments which are the result of Lessee’s use of the Property and/or which may become a lien on the interest of Lessee in accordance with RCW 79.44.010 (Lands subject to local assessments), as it exists or may be amended. Lessee shall pay all taxes, including but not limited to leasehold excise taxes, which may be levied or imposed upon the interest of Lessee or by reason of this Lease, unless exempt under RCW 82.29A.130 (Exemptions – Certain property), as it exists or may be amended, which copy of such exemption required to be attached to this Lease as Exhibit E, or if such amount is paid directly to the State of Washington. Within thirty (30) calendar days of Lessee’s receipt of the City’s written request, Lessee shall provide to the City evidence of Lessee’s payment of the Washington Leasehold Excise Tax in which Lessee has paid directly to the State of Washington. Lessee is responsible for and agrees to pay for utilities that serve Lessee’s Equipment Facility Area at the rate charged by the servicing utility company. 8. Permits: Prior to performing any upgrades or construction work within the Property, Lessee shall secure all necessary federal, state and/or local licenses, proof of agency and permits for the construction and operation of the antenna and associated equipment (collectively referred to hereinafter as “Government Approvals”) at its sole expense. The City authorizes Lessee to make any and all applications and/or submissions necessary to DocuSign Envelope ID: A9438A8B-11C3-4D42-B612-413826325BAD AGENDA ITEM #6. f) City Site Name: Highlands Reservoir VZW Site Name: SEA HONEYDEW/ MDG: 5000190313 5 of 40 Highlands Reservoir/SEA HONEYDEW 4865-6050-6247, v. 1 obtain all Government Approvals from all applicable governmental and/or regulatory entities required for construction or operation of the Site Equipment within Lessee’s Equipment Facility Area. To the extent authorized by law, the City agrees to cooperate with Lessee, at no cost to the City other than administrative costs, in the submission and/or processing of any such applications. 9. Non-Interference to Property: A. Multiple Occupants (City, lessees, tenants or equivalents) (each an “Occupant”) use this Equipment Facility Area, Property adjacent right-of-way and access areas. The City desires that all Occupants will work together and not cause unreasonable interference with the other Occupants’ uses. Lessee shall not use Lessee’s Equipment Facility Area, Property, adjacent right-of-way, or access areas in any way that materially interferes with any use of the Property for City purposes or other Occupants, lessees, tenants or equivalents. B. The City will require other Occupants outside of the historical uses of the Property to provide the same assurances against interference with any Occupants’ outside the historical uses of the Property, and will work to eliminate or mitigate unreasonable interference with the operations of Lessee caused by other Occupants. 10. Radio Frequency Interference Study (If Applicable): A. If necessary for existing wireless facilities and future wireless facilities - Lessee, at Lessee’s sole responsibility and expense, shall perform all necessary tests or studies, including, but not limited to, radio frequency test(s) to determine the suitability of Lessee’s Equipment Facility Area for its intended use. Lessee shall, in a timely manner, provide the City with a complete and accurate copy of any and all such tests or studies. B. If necessary for existing wireless facilities and future wireless facilities – as part of the permitting process along with studies and required permitting and prior to the installation of Site Equipment, Lessee, at Lessee’s sole responsibility, shall conduct an interference study. Pre-existing Lessee(s) with communication uses currently located on the Property shall review the results of this study. If as a result of the interference study it is determined that operation of Lessee’s Site Equipment would significantly interfere with the operation and use of any other authorized communications facilities on the Site, operated by the City, other pre-existing authorized communications facilities, or other pre-existing Lessee(s), the Lessee or the City may terminate the Lease upon thirty (30) calendar days’ notice to the other party and neither party shall have any further obligations or responsibilities under the Lease, except for removal of Lessee’s Site Equipment and return of Lessee’s Equipment Facility Area to its condition prior to installation of Lessee’s Site Equipment. C. If after Lessee initiates operation of its Site Equipment, the City has reason to believe that Lessee’s operation of its Site Equipment has caused or is causing any electrical, electromagnetic, radio frequency, or other interference with the operation and use of any other authorized communications facilities on the Property, whether operated DocuSign Envelope ID: A9438A8B-11C3-4D42-B612-413826325BAD AGENDA ITEM #6. f) City Site Name: Highlands Reservoir VZW Site Name: SEA HONEYDEW/ MDG: 5000190313 6 of 40 Highlands Reservoir/SEA HONEYDEW 4865-6050-6247, v. 1 by the City, Lessee, or another pre-existing Lessee with rights prior in time to Lessee, Lessee shall promptly commence curative measures until the interference has been corrected to the reasonable satisfaction of the owner of the facilities sustaining interference. If such interference has not been corrected within sixty (60) calendar days of Lessee’s receipt of the initial notice from the City, during the sixty (60) days the City may allow the Lessee to power down the equipment causing the interference (except for intermittent testing) until such interference is remedied. If Lessee is unable to remedy such interference within such sixty (60) day period, Lessee or the City may terminate the Lease upon thirty (30) calendar days’ notice to the City and Lessee shall not have any further obligations or responsibilities under the Lease except removal of Lessee’s Site Equipment and return of Lessee’s Equipment Facility Area to its condition prior to installation of Lessee’s Site Equipment. D. Lessee shall not affix or mount any antennas, devices, equipment or related material, in any manner or in any location which would cause degradation in the operation or use of communications systems at the Property which serve the City or other public users. This would include but not be limited to impacting the received or transmitted signal strength or patterns of any systems at the site serving the needs of the City. If at any time the operation of Lessee’s Site Equipment interferes with the reception or transmission of public safety communications, following receipt of written notice of such interference, Lessee shall cease operation of the site (except for intermittent testing) until such time as the interference is corrected. In the event the interference cannot be corrected within thirty (30) days following receipt of such notice, party may terminate the Lease upon thirty (30) calendar days’ notice to the other party and neither party shall have any further obligations or responsibilities under the Lease. Lessee’s Site Equipment shall include an emergency override switch for use by the City that would turn off the broadcasting system in case of a public safety emergency. E. In the event the operation or use of communications systems at the Property which serve the City or other public users causes interference with Lessee’s equipment, City agrees to reasonably cooperate with Lessee to reduce such interference. If such interference cannot be reduced to Lessee’s satisfaction, Lessee may terminate this Lease immediately upon written notice to City and Lessee shall not have any further obligations or responsibilities under the Lease. 11. Access and Security for an Equipment Facility Area on Property: A. Lessee is hereby granted a limited and non-exclusive license to enter the Property for maintenance, operation and/or repair of Lessee’s Equipment Facility at the locations indicated on the access plan, described in Exhibit C, or as further modified to provide an alternative access method to be approved by the City, which approval may be withheld for any reason. B. Lessee shall make its best effort to maintain, repair, or replace Lessee’s ground equipment during Normal Business Hours (8:00 a.m. to 4:30 p.m.). Lessee shall notify the City’s representative or designee prior to accessing the Property. Facilities may be reached at (425) 430-6605 during Normal Business Hours. Access to Lessee’s equipment DocuSign Envelope ID: A9438A8B-11C3-4D42-B612-413826325BAD AGENDA ITEM #6. f) City Site Name: Highlands Reservoir VZW Site Name: SEA HONEYDEW/ MDG: 5000190313 7 of 40 Highlands Reservoir/SEA HONEYDEW 4865-6050-6247, v. 1 on Property will require forty-eight (48) hours prior notice to the City for the maintenance, repair or replacement of said equipment. Access to Property shall be limited to Normal Business Hours and work shall be done in a manner that will not interfere with the City’s primary use of the Property. Should Lessee determine, outside of Normal Business Hours, that emergency access is needed to either the ground equipment or to the equipment on Property, Lessee shall notify the City by contacting the Renton Police Department at 911 who will refer the caller to the City Facilities’ on-call staff. Lessee shall reimburse Facilities for costs incurred for the on-call time to respond to an after-hours access request. C. The City shall, upon request of Lessee, provide a list of emergency telephone numbers known to the City of the other lessees of the Property. D. In the event of a public safety emergency at the Property, the City shall have the right to turn off the Lessee’s equipment without prior notification. The Lessee shall ensure that any switches for turning off the Lessee’s equipment are properly labeled, include an emergency contact phone number, and are readily accessible to the City. The City will endeavor to notify the Lessee as soon as possible of any emergency that requires the City to turn off Lessee’s equipment. E. In the event of any emergency in which any of Lessee’s telecommunications facilities located in, above, or under any public way or City-owned property breaks, are damaged, or if Lessee’s construction area is otherwise in such a condition as to immediately endanger the property, life, health or safety of or any individual, Lessee shall immediately take the proper emergency measures to repair its facilities, to cure or remedy the dangerous conditions for the protection of property, life, health, or safety of individuals without first applying for and obtaining any permit as required by this Lease. However, this shall not relieve Lessee from the requirement of immediately notifying the City by telephone upon learning of the emergency and obtaining any permits necessary after the emergency work. Lessee shall apply for all required permits not later than the second succeeding day during which the Renton City Hall is open for business. F. In the event of a public emergency, such as, but not limited to, road failure, evacuation, natural disasters, hazardous substance spills, and fatal accidents during public use at the Property, Lessee’s access may, at the City’s reasonable discretion, be temporarily limited or restricted; provided, that any temporary limitation or restriction in Lessee's access shall be restored as soon as the circumstances shall allow, as determined by the City. G. For the security of the Property, at the City’s discretion, Lessee may be responsible to provide separate security fencing and gate to Lessee’s Equipment Facility Area. Lessee will provide the City’s designated Facilities staff with two (2) keys for emergency access to Lessee’s Equipment Facility Area. The City may at any time during the Term of this Lease determine that additional security measures are needed at the Property. Lessee shall reimburse the City for the City’s costs in implementing revised security measures, to the extent that additional costs are incurred due to the presence of Lessee’s equipment. The City also retains the right to revise access procedures during the Term of this Lease. DocuSign Envelope ID: A9438A8B-11C3-4D42-B612-413826325BAD AGENDA ITEM #6. f) City Site Name: Highlands Reservoir VZW Site Name: SEA HONEYDEW/ MDG: 5000190313 8 of 40 Highlands Reservoir/SEA HONEYDEW 4865-6050-6247, v. 1 Lessee shall comply with revised access requirements so long as access is maintained according to provisions of the Lease. 12. Utilities & Services: A. Anytime, with twenty-four (24) hours written notice to the City, Lessee or its surveyor or contractor may, at Lessee’s sole expense, enter upon and survey Lessee’s Equipment Facility Area and the City’s abutting and surrounding property to take measurements, make calculations, review any and all existing easements, property restrictions, if any, and note all other information relevant to Lessee’s assessment of the suitability of Lessee’s Equipment Facility Area for its purposes. Said access shall be within Normal Business Hours. B. The City shall not furnish Lessee with electrical service for Lessee’s Equipment Facility Area. Lessee has or may install, at its sole cost and expense, an electrical meter and run such utility lines as may be reasonably necessary to provide electrical service to Lessee’s Equipment Facility Area, in a location acceptable to the City, as described in Exhibit C. The provision of such electrical lines and service shall not materially interfere with the City’s normal use of the Property. The City will not encumber its property for the benefit of the Lessee to provide these services. C. The City shall not be liable for any damages to any person or property, nor shall Lessee be relieved from any of its obligations under this Lease, as a direct or indirect result of temporary interruption in the electrical power provided to Lessee’s Equipment Facility Area where such interruption is caused by acts of nature or other acts beyond the City’s control. Under no circumstances shall the City be liable for indirect or consequential damages resulting from such an interruption. D. The City shall not be responsible for providing Lessee with any information relating to encumbrances on the Property, including, but not limited to setbacks, utilities or easements of any nature. E. Lessee may, if feasible and at its sole expense, install a backup generator in a location acceptable to the City, in order to provide electrical service to Lessee’s Equipment Facility Area during emergency situations where electrical power is not otherwise available. Any back-up generator must be so designed and operated as to not exceed local noise level standards of the applicable City of Renton ordinance or other applicable laws. Back-up generator and associated infrastructure shall be identified in Lessee’s plans and included as part of the initial design review. 13. Compliance with Laws: A. Lessee shall, at all times and at its sole responsibility and expense, comply with all applicable statutes and ordinances, orders, guidelines, policies, directives, rules and regulations of municipal, county, state and federal governmental authorities or regulatory agencies (“Laws”) relating to the construction, operation and/or maintenance of Lessee’s Equipment Facility Area and adjacent Antenna, including FCC regulations for compliance with limits on human exposure to radio frequency (RF) emissions. Lessee shall defend, DocuSign Envelope ID: A9438A8B-11C3-4D42-B612-413826325BAD AGENDA ITEM #6. f) City Site Name: Highlands Reservoir VZW Site Name: SEA HONEYDEW/ MDG: 5000190313 9 of 40 Highlands Reservoir/SEA HONEYDEW 4865-6050-6247, v. 1 indemnify and hold harmless the City and its employees and agents against any claims arising from any violations by Lessee, its agents or employees, of any such Laws. The indemnity provision of this paragraph shall survive the termination or expiration of this Lease. B.Lessee shall not use Lessee’s Equipment Facility Area for any illegal purposes or violate any applicable Laws, nor create or allow any nuisance or hazardous materials, nor trespass or do any act on the Property that would increase the insurance rates, nor deface, damage or overload the Property’s structural components. 14. Advertising Devices, Signs & Lighting: A.Lessee shall not place any advertising devices on or about the Property. B.Lessee shall post and maintain on Lessee’s Equipment Facility Area appurtenant thereto a sign no larger than eighteen inches (18”) square giving an emergency telephone number. No other signs are permitted on or about the Property. Excluded from this restriction are signs required by the FCC. At no time shall Lessee post any sign on the City’s Property without the City’s prior written permission. 15. Installation, Maintenance, and Stewardship: A.At the time of installation of Lessee’s equipment, Lessee shall paint the equipment to match the color of the existing surface. When new equipment is added or existing equipment is replaced, it shall be painted to match. B.The Lessee will not interfere with the City’s use of the Property, nor will Lessee or the Lessee’s equipment create an electrical current or field that will damage the City’s Property or communications equipment or capability. C.Lessee will not weld to the Property without the City’s prior written consent. D.When the City determines that the Property is in need of repainting, the Lessee shall be responsible for all costs associated with preparing and painting all communication facilities (conduit, mounting points, antennas, etc.), preparing and painting the Property surfaces under communication facilities, and preparing and painting the surfaces from the point of the lowest mounted equipment to the top of the of where the equipment is mounted. The Lessee shall pay for costs incurred by the City including, but not limited to, engineering, and contract preparation and administration. Such costs will be paid within thirty (30) days following receipt of an invoice together with reasonable supporting documentation evidencing such costs. E.Prior to any operation in which earth, rock, or other material on or below the ground is moved or otherwise displaced to a vertical depth of twelve inches (12”) or greater, Lessee must call an underground utility locating service to ascertain the existence of underground utilities. F.Lessee must comply with all provision of RCW 19.122 (Underground utilities). DocuSign Envelope ID: A9438A8B-11C3-4D42-B612-413826325BAD AGENDA ITEM #6. f) City Site Name: Highlands Reservoir VZW Site Name: SEA HONEYDEW/ MDG: 5000190313 10 of 40 Highlands Reservoir/SEA HONEYDEW 4865-6050-6247, v. 1 G.Lessee shall, at its own expense and at all times, keep Lessee’s Equipment Facility Area neat and clean and in a sanitary condition and keep and use Lessee’s Equipment Facility Area in accordance with all applicable Laws. Lessee shall permit no waste, damage or injury to Lessee’s Equipment Facility Area. Lessee shall make such repairs as are necessary to maintain Lessee’s Equipment Facility Area in as good a condition as exists on the date construction of Lessee’s Equipment Facility Area is completed, subject to reasonable wear and tear. H.The City shall have no obligation to maintain or safeguard Lessee’s Equipment Facility Area, except that the City shall not intentionally permit access to Lessee’s Equipment Facility Area to any third-party without the prior approval of the Lessee, except as otherwise provided in this Lease. I.If applicable, Lessee shall maintain the surrounding Equipment Facility Area landscape installed by Lessee pursuant to its permits for construction of Lessee’s Equipment Facility Area, in a manner and frequency consistent with the balance of the Property. Such tasks and frequencies shall be determined by the City of Renton Utility, following final design and landscape plan approval as required by any such permits. 16. Hazardous Substances: A.Lessee shall not introduce or use any such substance on the Equipment Facility Area in violation of any applicable law or regulation, nor shall Lessee allow any of its agents, contractors or any other person under its control to do the same. B.Lessee will be solely responsible for and will defend, indemnify, and hold the City, its agents, and employees harmless from and against any and all direct claims, costs, and liabilities including reasonable attorneys' fees and costs, arising out of or in connection with the cleanup or restoration of the property associated with Lessee's use, storage, or disposal of Hazardous Substances or the use, storage, or disposal of such substances by Lessee's agents, contractors, or other persons acting under Lessee’s control. 17. Repairs by the City; Inspection; Increased Maintenance Costs: A.The City shall have no duty to Lessee to make any repairs or improvements to Lessee’s Equipment Facility Area except those repairs necessary for the safety of the Lessee. The City or its representatives shall be provided access to Lessee’s Equipment Facility Area upon no less than twenty-four (24) hours’ notice to Lessee. B.In the event that the presence of Lessee’s Site Equipment on the Property or within Lessee’s Equipment Facility Area results in increased maintenance or repair costs to the City, Lessee shall, within thirty (30) calendar days of written notification by the City, which shall include documentation evidencing such increase as the result of Lessee’s use, pay the City for the incremental maintenance or repair costs incurred by the City. DocuSign Envelope ID: A9438A8B-11C3-4D42-B612-413826325BAD AGENDA ITEM #6. f) City Site Name: Highlands Reservoir VZW Site Name: SEA HONEYDEW/ MDG: 5000190313 11 of 40 Highlands Reservoir/SEA HONEYDEW 4865-6050-6247, v. 1 C.Improvements by the City - relocation, moving etc. The City will from time to time need to make additional improvements, repairs and revisions to the utility site and Property. Except for emergencies as set forth above, the City will provide the Lessee with not less than 180 days’ notice of major revisions and major improvements to be made by the City. Lessee shall remove and/or relocate its facilities at Lessee’s cost and at no cost to the City. The Lessee must relocate by the date set in the Notice to Relocate or another mutually agreed upon date in writing. Lessee’s failure to timely relocate per the notice or agreed date can result in Lessee paying for any and all damage and delay claims of the City or contractors of the City. Upon completion of such revisions and/or improvements, if possible the Lessee may be allowed to relocate its equipment back to Lessee’s Equipment Facility Area. If the improvements, repairs and revisions are not compatible with the Lessee’s Equipment in the Facility Area – the parties will work towards an agreed solution, if an agreed solution cannot be reached Lessee or the City may terminate the Lease upon thirty (30) calendar days’ notice to the other party and neither party shall have any further obligations or responsibilities under the Lease except removal of Lessee’s Site Equipment and return of Lessee’s Equipment Facility Area to its condition prior to installation of Lessee’s Site Equipment or as otherwise agreed by the parties. 18. Lessee’s Sub-leasing & Assignment: A.Lessee may not sub-lease or co-locate any other broadcast equipment within Lessee’s Equipment Facility Area, without the City’s prior express written consent. B.Assignment – Neither this Lease, nor any rights created by it, may be assigned, or transferred without the City’s prior written permission. Any such assignment shall be in writing on a form approved by the City and shall include an assumption of this Lease by the assignee. C.Notwithstanding the foregoing, Lessee may assign its interest in this Lease, without the City’s consent, to any entity which controls, is controlled by, or is under common control with Lessee, or to any entity resulting from any merger or consolidation with Lessee, or to any partner or member of Lessee, or to any partnership in which Lessee is a general partner, or to any person or entity which acquires fifty one percent (51%) or more the ownership of Lessee or fifty-one percent (51%) or more of the assets of Lessee in the Seattle-Tacoma-Everett Area, or to any entity which obtains a security interest in a substantial portion of Lessee’s assets; provided, that the assignment includes an assumption of all obligations of Lessee under this Lease by the assignee; and provided further, that Lessee shall provide the City with written notice of the assignment with an updated contact and billing address along with a copy of said written assignment and a copy of the Certificate of Insurance in the form required by Paragraph 25., within thirty (30)calendar days prior to the effective date of the assignment. Any such assignment shall not serve to release Lessee from its obligations under this Lease, which shall remain in full force and effect for the duration of the Term. DocuSign Envelope ID: A9438A8B-11C3-4D42-B612-413826325BAD AGENDA ITEM #6. f) City Site Name: Highlands Reservoir VZW Site Name: SEA HONEYDEW/ MDG: 5000190313 12 of 40 Highlands Reservoir/SEA HONEYDEW 4865-6050-6247, v. 1 D.The City’s consent to one assignment shall not waive the requirement of obtaining the City’s consent to any subsequent assignment. 19. The City’s Sub-leasing & Assignment: A.Should the City sell, lease, transfer, or otherwise convey all or any part of the Property that is the subject of this Lease to any transferee other than Lessee, such transfer shall be subject to this Lease. B.Subject to Paragraph 9.A. and Paragraph 9.B., the City retains the right to sublease or enter into any type of agreement for any portion of the Property for any reason, including, but not limited to, co-locating wireless facilities. C.Subject to Paragraph 9.A. and Paragraph 9.B., the City retains the right to enter into other Leases with other Lessee’s to co-locate within the Property, D.The City may transfer and assign its rights and obligations under this Lease and no further liability or obligation shall accrue against the City, provided that the assignee or transferee assumes, in writing, all of the City’s obligations under this Lease, which shall remain in full force and effect. 20. The City’s Reservation of Right to Maintain & Grant Utility Franchises & Permits: A.Subject to Paragraph 9.A and Paragraph 9.B, the City reserves the right for utility franchise, licensee and permit holders to enter upon the Property to maintain facilities and, for itself, to grant utility franchises, licenses and/or permits across the Property; provided, that such franchises, licenses, or permits do not materially interfere with Lessee’s authorized use of Lessee’s Equipment Facility Area. Such installation will be accomplished in such a manner as to minimize any disruption to Lessee. The franchise, license or permit holder will be required to restore paving, grading and improvements damaged by the installation. B.Lessee will not disturb markers installed by a franchise, license, or permit holder and will contact the franchise, license, or permit holder prior to any excavation in order that the franchise, license, permit holder may locate the utility. It is Lessee’s responsibility to protect legally installed underground utilities from damage caused by itself, its contractors, agents and invitees. C.Lessee must comply with RCW 19.122.030 (Notice of excavation to owners of underground facilities -- One-number locator service -- Time for notice -- Marking of underground facilities – Costs) and must subscribe to the one-call locator service for the area in which the Property resides. Failure to comply constitutes material breach of this Lease. 21. Improvements, Fixtures and Personal Property: A.Prior to installing any new equipment or other improvements in or on the Property after the Acceptance Date other than merely maintaining the Antenna configuration identified on Exhibit D, and prior to making any material changes in such equipment or in DocuSign Envelope ID: A9438A8B-11C3-4D42-B612-413826325BAD AGENDA ITEM #6. f) City Site Name: Highlands Reservoir VZW Site Name: SEA HONEYDEW/ MDG: 5000190313 13 of 40 Highlands Reservoir/SEA HONEYDEW 4865-6050-6247, v. 1 the exterior appearance, size or design of any such equipment or the improvements of the Property thereafter during the term of this Lease, including any Renewal Period, Lessee shall submit to the City for approval such information regarding the proposed work as the City may request, including, without limitation, plans and specifications of the planned modifications and Lessee’s critical path time schedule, for the City’s written approval (at the City’s discretion, the City may require an addendum to this agreement and monthly rental adjustment for the project). Prior to commencing construction activities on the Equipment Facility Area, Lessee shall secure approval of a work schedule by the City and all necessary permits and approvals. During any construction activities by Lessee at the Property, representatives of the City shall have the right to inspect any and all improvements and to require reasonable revisions to ensure that the respective uses of the Property and Equipment Facility Area are compatible. Notwithstanding the foregoing, maintenance, repairs, like-kind or similar replacements of equipment and modifications made within the interior of any shelters or base station equipment shall not be considered “material changes.” B.The City may at any time, go upon the Property to inspect any work done by Lessee to insure compliance with the approved plans and specifications, to require reasonable revisions to ensure that the respective uses of the Property are compatible or otherwise. Further, this right shall not impose any obligation upon the City to make inspections to ascertain the safety of Lessee’s improvements or the condition of the Leased Property. 22. Destruction of or Damage to Property, Equipment Facility Area or any Site Structures: A.If the Property, Equipment Facility Area, or any structure on the Property is destroyed or damaged by fire or casualty so as to render the Property and/or Equipment Facility Area wholly unfit for use by the Lessee, and if in the reasonable judgment of the City the damage cannot be repaired within ninety (90) calendar days following the date of such damage, either party may terminate this Lease upon written notice to the other party, and this Lease shall terminate on the date of such notice and Lessee shall surrender Lessee’s Equipment Facility Area to the City within ninety (90) calendar days. Within fifteen (15) calendar days after such damage, the City shall notify Lessee as to whether the City expects to complete such repair within ninety (90) calendar days. If Lessee’s Equipment Facility Area is damaged by fire or casualty, but not rendered wholly unfit for use, Lessee may elect promptly to repair such damage. The City shall not be liable to Lessee for any indirect or consequential damages including, but not limited to, inconvenience, annoyance, or loss of profits, nor for any expenses, or any other damage resulting from the repair of such damage, or from any repair, modification, arranging, or rearranging of any portion of the Property or Equipment Facility Area for the termination of this Lease as provided herein. B.In the event the Property and/or Equipment Facility Area will be rebuilt and/or repaired as outlined above, the City shall consider other temporary locations on the Property at the City’s sole discretion. If both the City and Lessee approve an area, Lessee may construct, operate and maintain, at its sole expense, a substitute wireless DocuSign Envelope ID: A9438A8B-11C3-4D42-B612-413826325BAD AGENDA ITEM #6. f) City Site Name: Highlands Reservoir VZW Site Name: SEA HONEYDEW/ MDG: 5000190313 14 of 40 Highlands Reservoir/SEA HONEYDEW 4865-6050-6247, v. 1 communication facility on the Property until the Site Equipment is fully restored and operational. During the use of the temporary location, Rent shall continue and be payable to the City. 23. Condemnation: If all or any portion of the Property or Lessee’s Equipment Facility Area shall be taken or condemned for any public purpose such that the Lessee cannot use its Site Equipment on Lessee’s Equipment Facility Area, either party may terminate this Lease. All proceeds from any taking or condemnation of the Site or Equipment Facility Area shall belong and be paid to the City. Lessee shall have all rights to its Site Equipment and personal property, which shall not be included in any taking or condemnation. Lessee shall also have the right to claim and recover from the condemning authority any amounts recoverable by Lessee on account of any and all damage to Tenant’s business and any costs or expenses incurred by Tenant in moving/removing its equipment, personal property, equipment, and leasehold improvements. 24. Fixtures: The City agrees that, notwithstanding any provision of statutory or common law, the Site Equipment and any other Lessee improvements to Lessee’s Equipment Facility Area, including, but not limited to, personal property, shall not become affixed to or a part of the Property or any structure on the Property, but shall remain the exclusive property of the Lessee. The City and its employees and agents, shall not be liable in any manner for, or on account of, any loss or damage sustained to any property of whatsoever kind stored, kept or maintained in or about the Property, except such claims or losses that may be caused by the City or it agents or employees. Lessee agrees to save the City and its employees and agents harmless on account of any claims or liens imposed upon the Site or Equipment Facility Area in connection with alterations or improvements thereto, conducted by Lessee or on behalf of Lessee. 25. Insurance: A.Lessee shall secure and maintain, at its sole cost and expense, Commercial General Liability insurance with policy limits of $1,000,000 per occurrence/$2,000,000 aggregate for the Term of this Agreement. B.It is agreed that on the Lessee’s commercial general liability policy, the City will be included as an Additional Insured as their interest may appear under this Agreement on a non-contributory primary basis. The City’s insurance policies and self-insurance shall not be a source for payment of any Lessee liability nor Lessee’s property loss or damage. C.Subject to the City’s review and acceptance, a current certificate of insurance with the “City of Renton” named as the certificate holder, including the blanket additional insured endorsements, shall be delivered to and accepted by the City before executing the work of this Agreement. An updated certificate shall be promptly provided to the City upon any policy expiration for the duration of the work. DocuSign Envelope ID: A9438A8B-11C3-4D42-B612-413826325BAD AGENDA ITEM #6. f) City Site Name: Highlands Reservoir VZW Site Name: SEA HONEYDEW/ MDG: 5000190313 15 of 40 Highlands Reservoir/SEA HONEYDEW 4865-6050-6247, v. 1 D.Lessee shall provide the City with written notice of any policy cancellation, within Ten (10) business days of their receipt of such notice. E.The City does not represent that the required insurance or insurance limits are adequate to cover all potential claims, related claim costs, or property losses. F.The City may require increases in said coverage’s upon prior written notice to, review and acceptance by Lessee, as the City deems reasonably necessary. G.The Certificate of Insurance attached in Exhibit G The certificate holder and should read: City of Renton ATTN: PW Facilities RE: LAG-24-001 LAG-97-004 1055 South Grady Way Renton, WA. 98057 26. Hold Harmless: The City and its elected officials, officials, employees, agents and volunteers shall not be liable for injury or damage to any persons or property, Lessee’s Equipment Facility Area, or for any injury or damage to persons or property resulting from the installation, operation or maintenance of the Lessee’s equipment on the Property. The Lessee shall protect, defend, indemnify and save harmless the City, its elected officials, officers, employees, agents and volunteers from any and all costs, claims, demands, causes of action, judgments, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees) for deaths or injuries to persons or for loss of damage to property, negligent acts or omissions of Lessee arising out of, or in any way connected with, the use and occupancy of the Property by Lessee, its officers, employees, agents, volunteers and independent contractors, and invitees, and assigns. This indemnity shall further apply to test or other actions of Lessee at the Property during the term of this Lease. Finally, all obligations of Lessee, under this indemnity shall survive and remain enforceable after the expiration or earlier termination of this Lease. Notwithstanding the foregoing, Lessee’s indemnity to the City and its employees and agents shall not include the extent to which injury or damage to persons or property and/or any and all claims, demands, causes of action, judgments, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees) for deaths or injuries to persons or for the loss or damage to property, are the result of the negligence or willful misconduct of the City or its employees, agents, independent contractors, invitees, assigns and subtenants. 27. Performance Bond: A.Lessee shall furnish a surety bond or bonds, attached to this Lease as Exhibit F, attached and fully incorporated in this Agreement by reference, covering faithful performance of this Lease and payment of all obligations arising there under, including, DocuSign Envelope ID: A9438A8B-11C3-4D42-B612-413826325BAD AGENDA ITEM #6. f) City Site Name: Highlands Reservoir VZW Site Name: SEA HONEYDEW/ MDG: 5000190313 16 of 40 Highlands Reservoir/SEA HONEYDEW 4865-6050-6247, v. 1 but not limited to, proper construction, long-term facility maintenance, rent, timely removal of equipment and restoration. The bond shall be in the amount of Thirty Thousand Dollars ($30,000), and be in-force during the entire term or subsequent extensions. The bond shall be in a form acceptable to the City. The performance bond for this Lease shall not only indemnify the City for the usual performance provisions of this Lease, but in addition shall be a bond to guarantee payment of any and all tax liability of any type, kind, nature or description due as a result of this Lease. The bond shall also guarantee the removal of Lessee’s Site Equipment and return of Lessee’s Equipment Facility Area to its condition prior to installation of Lessee’s Site Equipment should Lessee fail to remove said equipment upon termination of the Lease. Said performance bond shall be issued to the City prior to the issuance of any permits for the construction of its facilities on the leased property and shall include a 90-calendar day cancellation clause. Prior to City accessing the bond, it shall first give Lessee written notice of its intention to do so and with that notice shall provide to Lessee written documentation to Lessee of the loss, damage or expense for which City seeks compensation from the bond. If the City so uses or applies any portion of the performance bond, Lessee shall, upon notice, restore the performance bond to the full amount above specified. B.If Lessee has entered into a separate lease with the City for other City property, the City will consider permitting Lessee to expand Lessee’s existing performance bond to include all obligations for a performance bond under this Lease, provided however, all requirements for the performance bond outlined in this Lease are met. 28. Nondiscrimination: Lessee, for itself, its successors, and assigns as a part of the consideration, does covenant and agree to comply with all civil rights and anti-discrimination requirements of federal, state or local laws applicable to the Property, including, without limitation, RCW 49.60 (Discrimination – Human rights commission) 29. Performance by Lessee: If Lessee defaults in the performance or observation of any covenant or agreement contained in this Lease beyond all applicable notice and cure periods, the City, without notice if deemed by the City that an emergency exists, or if no emergency, with thirty (30) calendar days’ notice, may direct Lessee to stop work and may itself perform or cause to be performed such covenant or agreement and may enter upon the Property for such purpose. Such an emergency shall include, but not be limited to, endangerment of life, the Property, or failure of Lessee to obtain in a timely manner any insurance. Lessee shall reimburse the City the entire cost and expense of such performance by the City within thirty (30) calendar days of the date of the City’s invoice together with reasonable supporting documentation evidencing such cost and expense. Any act or thing done by the City under the provisions of this paragraph shall not be construed as a waiver of any agreement or condition or performance required under this Lease. 30. DocuSign Envelope ID: A9438A8B-11C3-4D42-B612-413826325BAD AGENDA ITEM #6. f) City Site Name: Highlands Reservoir VZW Site Name: SEA HONEYDEW/ MDG: 5000190313 17 of 40 Highlands Reservoir/SEA HONEYDEW 4865-6050-6247, v. 1 30. Restoration of Site by Lessee and Removal of Equipment: Upon the expiration or prior termination of this Lease, Lessee shall restore Lessee’s Equipment Facility Area to equal to or better than its condition prior to Lessee’s occupancy, including removal of Lessee’s personal property/equipment, excluding reasonable wear and tear and insured casualty. This work is to be done at Lessee’s sole expense and to the City’s reasonable satisfaction. 31. Vacation of Leased Premises: Upon termination of this Lease, Lessee shall cease its operations on and/or use of Lessee’s Equipment Facility Area. In the event Lessee fails to vacate Lessee’s Equipment Facility Area from the Property within sixty (60) calendar days of the date of termination, it shall be liable for any and all costs to the City arising from such failure. 32. Equipment Design: A.The Site Equipment, described in Exhibit D, used within the Property shall be designed, sited and screened as described in Exhibit D. B.The City retains the right to review and approve the design and type of materials used to construct the structure within Lessee’s Equipment Facility Area to ensure it meets the City’s needs within the Property. Lessee shall provide an as-built drawing of Lessee’s Equipment Facility Area and Site Equipment to the City within fourteen (14) calendar days of completing the installation. C.Upon request by the City, Lessee shall install all underground conduits, including, but not limited to, power and telephone. Lessee shall be responsible for coordination with other lessees on the Property to accommodate underground installation. 33. Equipment Modification: If at any time during the term of this Lease, either party believes that technology has changed such that modifications to or replacement of the Site Equipment would result in better communications facilities for Lessee, less interference with other communications facilities on the Property, or less physically or aesthetically obtrusive equipment, the parties shall make every reasonable effort to cooperate to effectuate such modifications or replacement. 34. Utility Review of Plans & Approval of Contractors: Lessee acknowledges the following: A.The execution of this Lease by the City shall in no way constitute review and/or approval by other applicable jurisdictions and permitting authorities. B.The City retains authority for further review, modification, and approval of the Site Equipment throughout the City’s permit process. DocuSign Envelope ID: A9438A8B-11C3-4D42-B612-413826325BAD AGENDA ITEM #6. f) City Site Name: Highlands Reservoir VZW Site Name: SEA HONEYDEW/ MDG: 5000190313 18 of 40 Highlands Reservoir/SEA HONEYDEW 4865-6050-6247, v. 1 C. This Lease shall be executed after any right-of-way, and/or franchise agreement but prior to application for any other city permits for wireless communications facilities placement. D. A fully executed Lease between the City and Lessee, and any required permits are required prior to construction or installation of the Site Equipment on the Property. E. Lessee shall submit plans and specifications and structural analysis of the planned installation for the City’s evaluation and approval. F. Lessee expressly acknowledges and agrees that the City’s rights under this Lease to review, comment on, disapprove and/or accept designs, plans, specifications, work plans, construction, equipment, and/or installation, (i) exist solely for the benefit and protection of the City and its employees and agents, (ii) do not create or impose upon the City, and its employees and agents any standard or duty of care toward Lessee, all of which are disclaimed, (iii) may not be relied upon by Lessee in determining whether Lessee has satisfied any and all applicable standards and requirements, and (iv) may not be asserted, nor may the exercise or failure to exercise any such rights by the City and its employees and agents, be asserted, against the City and its elected officials, officers, employees, agents, and volunteers by Lessee as a defense, legal or equitable, to Lessee’s obligation to fulfill such standards and requirements, notwithstanding any acceptance of work by the City and its employees and agents. 35. Modifications: This instrument contains all the agreements and conditions made between the Parties and may not be modified orally or in any manner other than by an agreement in writing signed by the Parties. No failure on the part of either party to enforce any covenant or provision herein contained, nor any waiver of any right under this Lease, unless in writing, shall discharge or invalidate such covenant or provision or affect the right of the either party to enforce the same in the event of any subsequent breach or default. 36. Broker's Fee borne solely by Lessee: If Lessee is represented by a real estate broker or other agency in this transaction, Lessee shall be fully responsible for any fee due such broker, and shall hold the City and its employees and agents, harmless from any claims for a commission. 37. Cooperation in Execution of Subsequent Documents: The City and Lessee agree to cooperate in executing any documents (not including a Memorandum of Lease) necessary to protect the rights granted by this Lease to the City and Lessee. 38. Termination: A. Waiver or acceptance by the non-defaulting party of any default by the defaulting party of the terms of this Lease shall not operate as a release of the defaulting party’s responsibility for any prior or subsequent default. DocuSign Envelope ID: A9438A8B-11C3-4D42-B612-413826325BAD AGENDA ITEM #6. f) City Site Name: Highlands Reservoir VZW Site Name: SEA HONEYDEW/ MDG: 5000190313 19 of 40 Highlands Reservoir/SEA HONEYDEW 4865-6050-6247, v. 1 B. The City shall have the right to terminate this Lease immediately, upon written notice, if a receiver is appointed to take possession of Lessee’s assets, Lessee makes a general assignment for the benefit of creditors, or Lessee becomes insolvent or takes action under the Bankruptcy Act. C. The City shall have the right to terminate this Lease, upon thirty (30) calendar days’ written notice to Lessee, without penalty or further liability to City, upon the occurrence of any of the following events: 1. The City determines that Lessee’s exercise of its rights under this Lease interferes with the City’s use of the Property and/or the structures on the Property for the lawful municipal purposes for which the City owns and administers such structures/site. 2. The City determines that Lessee’s exercise of its rights under this Lease interferes with the use of the Property by a governmental agency with which the City has an agreement to provide services to the City, e.g., Valley Communications (911). City will not exercise this right until it provides notice of interference and provides Lessee with the opportunity to cure such interference pursuant to the terms set forth in Paragraph 10 above. 3. Lessee defaults in the performance of any material term or provision of this Lease that is not cured within sixty (60) days following receipt of written notice of such default. If a non-monetary default cannot reasonably be cured within a 30-day period, this Agreement may not be terminated if Lessee commences action to cure the default within the 30-day period and proceeds with due diligence to fully cure the default. 4. The Property is destroyed or damaged so as to substantially and adversely affect the effective use by Lessee for Lessee’s equipment, subject to the Lessee’s determination (within ten (10) calendar days) of whether the equipment can be restored or rebuilt. Lessee shall have the option of installing a temporary facility while the above determination is made. Such facility shall be subject to prior review by the City and shall conform to all codes, facility review, and Laws imposed by any regulatory agency with jurisdiction in the matter. Payment of the monthly rent shall continue throughout the evaluation and temporary installation period. D. Lessee may terminate this Lease upon thirty (30) calendar day’s written notice to the City, without penalty or further liability to City, without penalty of further liability as follows: 1. The approval or consent of any governmental authority necessary for the construction and/or operation of the Site Equipment is withheld, revoked or terminated, or Lessee determines, in its sole discretion, that the cost of obtaining or retaining such approval is cost prohibitive; or 2. Lessee at any time determines in its sole discretion that it desires to discontinue use of Lessee’s Equipment Facility Area for any reason; or DocuSign Envelope ID: A9438A8B-11C3-4D42-B612-413826325BAD AGENDA ITEM #6. f) City Site Name: Highlands Reservoir VZW Site Name: SEA HONEYDEW/ MDG: 5000190313 20 of 40 Highlands Reservoir/SEA HONEYDEW 4865-6050-6247, v. 1 3. The City defaults in the performance of any material term or provision of this Lease that is not cured within thirty (30) days following receipt of written notice of such default. If a non-monetary default cannot reasonably be cured within a 30-day period, this Agreement may not be terminated if City commences action to cure the default within the 30-day period and proceeds with due diligence to fully cure the default. E. Either party may terminate this lease with 180 days’ written notice to the other party without cause and for any reason. F. Upon termination under paragraph 38, neither party will owe any further obligation to the other party provided that Lessee is not in arrears in making its Monthly Rent payments; provided however that Lessee shall remove its Site Equipment and restore the site, and provided that, if Lessee terminates this Lease pursuant to Paragraph 38.D.2., Lessee shall pay the City a sum equal to six (6) months’ rent as the City’s sole remedy for such termination; and provided if the City terminates this Lease pursuant to Paragraph 38.C.1 or C.2, the City may , at Lessee’s option, attempt to find alternative sites on other city property in order to allow Lessee to continue to provide service within the City. 39. Non-applicability of Relocation Benefits: Lessee acknowledges that the signing of this Lease does not entitle the Lessee to assistance under RCW 8.26 (Relocation Assistance – Real Property Acquisition Policy). 40. Removal of Site Equipment upon Termination of Lease: Upon the expiration of the Term of this Lease or upon the termination of this Lease pursuant to Paragraph 38, Lessee shall remove all the Site Equipment from Lessee’s Equipment Facility Area unless otherwise agreed by the Parties; provided that, at the City’s sole option, such Site Equipment shall become the property of the City. 41. Titles: The titles to sections and paragraphs of this Lease are for convenience only, and shall have no effect on the construction or interpretation of any section or paragraph. 42. Notices and Emergency Contact Information: A. Except as otherwise designated in this Lease, all notices must be in writing and shall be deemed valid given if sent by certified mail, return-receipt requested, or overnight delivery, addressed as follows or as otherwise specified by the City during the duration of this Lease: DocuSign Envelope ID: A9438A8B-11C3-4D42-B612-413826325BAD AGENDA ITEM #6. f) City Site Name: Highlands Reservoir VZW Site Name: SEA HONEYDEW/ MDG: 5000190313 21 of 40 Highlands Reservoir/SEA HONEYDEW 4865-6050-6247, v. 1 Lessor: Lessee: City of Renton Public Works Facilities Division RE: LAG-24-001 1055 South Grady Way Renton, Washington 98057 Attn: Facilities Director Seattle SMSA Limited Partnership d/b/a Verizon Wireless Site: SEA HONEYDEW 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate B. Emergency Contact information: This information is to be kept up to date by the parties for Emergency use and not for official notice: City: City of Renton Name: George Stahl Address: 3555 NE 2nd Street Renton WA 98056 Phone Number: On Call Number 425-766-3838 425-430-7400 (office) 422-766-6180 (cell) Email: Gstahl@rentonwa.gov Lessee: Seattle SMSA Limited Partnership d/b/a Verizon Wireless Site: SEA HONEYDEW Address: 180 Washington Valley Road Bedminster, New Jersey 07921 43. Complete Agreement: This Lease and any attached exhibits constitute the entire agreement between the City and Lessee; no prior written or prior, contemporaneous or subsequent oral promises or representations shall be binding except that any subsequently adopted city policies and procedures for telecommunications/communications lease agreements and final permits shall be binding on the Parties. 44. Amendments Except as otherwise provided, this Lease shall not be amended or changed except by written instrument signed by both Parties. 45. DocuSign Envelope ID: A9438A8B-11C3-4D42-B612-413826325BAD AGENDA ITEM #6. f) City Site Name: Highlands Reservoir VZW Site Name: SEA HONEYDEW/ MDG: 5000190313 22 of 40 Highlands Reservoir/SEA HONEYDEW 4865-6050-6247, v. 1 DocuSign Envelope ID: A9438A8B-11C3-4D42-B612-413826325BAD AGENDA ITEM #6. f) City Site Name: Highlands Reservoir VZW Site Name: SEA HONEYDEW/ MDG: 5000190313 23 of 40 Highlands Reservoir/SEA HONEYDEW 4865-6050-6247, v. 1 45. Executed in Counterparts: This Lease may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute but one instrument. 46. Governed by Laws of State of Washington; Invalidity of Provisions: This Lease shall be governed by the laws of the State of Washington. If any term or provision of this Lease, or application thereof shall to any extent be invalid or unenforceable, the remainder of this Lease shall not be affected thereby, but shall be valid and enforced to the fullest extent permitted by law. 47. Jurisdiction and Venue: Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, Washington. 48. Binding on Successors: This Lease shall be binding upon and inure to the benefits of the Parties’ heirs, executors, administrators, successors and assigns, subject to the conditions set forth in Paragraph 18 herein. 49. Failure to Insist upon Strict Performance: The failure of either party to insist upon strict performance of any of the terms or conditions of this Lease shall not constitute a waiver. 50. Memorandum of Lease Agreement: No Recordation Without Consent of Landlord: Lessee shall not record this Lease or any memorandum of this Lease without Landlord’s prior written consent. If Agreed the City and Lessee may enter into a short form memorandum of this Lease, in a form suitable for recording under the laws of the State of Washington, referencing this Lease, and all options, which Lessee may, at its expense, file in King County, Washington. See EXHIBIT H – sample ***SIGNATURES ON FOLLOWING PAGE*** DocuSign Envelope ID: A9438A8B-11C3-4D42-B612-413826325BAD AGENDA ITEM #6. f) City Site Name: Highlands Reservoir VZW Site Name: SEA HONEYDEW/ MDG: 5000190313 24 of 40 Highlands Reservoir/SEA HONEYDEW 4865-6050-6247, v. 1 IN WITNESS WHEREOF, the Parties have entered into this Agreement effective as of the date last written above. CITY OF RENTON Name: Armondo Pavone Title: Mayor Date: Attest: Jason Seth, City Clerk Approved as to form: Shane Moloney, City Attorney Clb 10-18-22 ( 98) 3/11/24 LESSEE: Seattle SMSA Limited Partnership d/b/a Verizon Wireless By Cellco Partnership, Its General Partner By: Printed Name: Title: Date: DocuSign Envelope ID: A9438A8B-11C3-4D42-B612-413826325BAD Feb 21, 2024 Patty Gossler Sr. Director, Network Engineering AGENDA ITEM #6. f) City Site Name: Highlands Reservoir VZW Site Name: SEA HONEYDEW/ MDG: 5000190313 25 of 40 Highlands Reservoir/SEA HONEYDEW 4865-6050-6247, v. 1 CITY ACKNOWLEDGMENT Name: _______________ Title: _______________ STATE OF WASHINGTON ) ) SS COUNTY OF ) On this day of , 202__, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared _______________________ to me known to be _____________________ of the City of Renton, and acknowledged the said instrument to be the free and voluntary act and deed of said ______________________, for the uses and purposes therein mentioned, and on oath stated that s/he was authorized to execute said instrument on behalf of said _________________________. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. __________________________________________ (Signature of Notary) __________________________________________ (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at _____________________ My Appointment Expires: ____________________ DocuSign Envelope ID: A9438A8B-11C3-4D42-B612-413826325BAD AGENDA ITEM #6. f) City Site Name: Highlands Reservoir VZW Site Name: SEA HONEYDEW/ MDG: 5000190313 26 of 40 Highlands Reservoir/SEA HONEYDEW 4865-6050-6247, v. 1 LESSEE ACKNOWLEDGMENT STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this _______ day of ______________________, 202__, before me, a Notary Public in and for the State of Washington, personally appeared ________________________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the _____________________________________ of Seattle SMSA Limited Partnership d/b/a Verizon Wireless, By Cellco Partnership, Its General Partner, to be the free and voluntary act and deed of said party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. ______________________________________ NOTARY PUBLIC in and for the State of WA, residing at ______________________________ My appointment expires ___________________ Print Name ______________________________ DocuSign Envelope ID: A9438A8B-11C3-4D42-B612-413826325BAD Feb 21, 2024 Patty Gossler Sr. Director - Network Engineering 8/29/2026 Janni Clark Kirkland AGENDA ITEM #6. f) City Site Name: Highlands Reservoir VZW Site Name: SEA HONEYDEW/ MDG: 5000190313 27 of 40 Highlands Reservoir/SEA HONEYDEW 4865-6050-6247, v. 1 EXHIBITS EXHIBIT A – LEGAL DESCRIPTION OF HIGHLANDS RESERVOIR SITE PROPERTY. EXHIBIT B – LESSEE’S EQUIPMENT FACILITY AREA EXHIBIT C – NON-EXCLUSIVE ACCESS RIGHTS TO PROPERTY DESCRIPTION EXHIBIT D – LESSEE’S SITE EQUIPMENT EXHIBIT E – LEASEHOLD EXCISE TAX EXEMPTION IF APPLICABLE EXHIBIT F – PERFORMANCE BOND EXHIBIT G – INSURANCE CERTIFICATE EXHIBIT H – SAMPLE SHORT FORM MEMORANDUM. DocuSign Envelope ID: A9438A8B-11C3-4D42-B612-413826325BAD AGENDA ITEM #6. f) Form Wireless Lease Agreement – Exhibit A 28 of 40 4865-6050-6247, v. 1 EXHIBIT “A” LEGAL DESCRIPTION CITY OF RENTON HIGHLANDS RESERVOIR SITE THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE SOUTH 30 FEET THEREOF FOR STREET RIGHT-OF-WAY; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON KING COUNTY ASSESSOR’S TAX PARCEL NO. 0423059186 DocuSign Envelope ID: A9438A8B-11C3-4D42-B612-413826325BAD AGENDA ITEM #6. f) Form Wireless Lease Agreement – Exhibit B 29 of 40 4865-6050-6247, v. 1 EXHIBIT B Lessee’s Equipment Facility Area SITE MAP DocuSign Envelope ID: A9438A8B-11C3-4D42-B612-413826325BAD AGENDA ITEM #6. f) Form Wireless Lease Agreement – Exhibit C 30 of 40 4865-6050-6247, v. 1 EXHIBIT “C” Non-Exclusive Access Rights Description CITY OF RENTON HIGHLANDS RESERVOIR SITE In general: The access to the Lessee’s ground equipment pad (10’ x 20’) will require access into the City’s reservoir site through a gated and locked driveway along NE 12 th St. To access the equipment pad and the antennas, Lessee’s authorized personnel must contact the City’s Water Maintenance Department at 425-430-7400 during normal business hours and on weekdays. City personnel will open the gate for Lessee to access to the equipment pad and will provide access to the reservoir ladder. Please note there is no work allowed on the reservoir during non-business hours and weekends and holidays, unless there is an emergency. In an emergency, Lessee will have to call 911 and ask that the City of Renton Water Utility’s on-call personnel respond to the emergency in order to provide access to the reservoir ladder. DocuSign Envelope ID: A9438A8B-11C3-4D42-B612-413826325BAD AGENDA ITEM #6. f) Form Wireless Lease Agreement – Exhibit D 31 of 40 4865-6050-6247, v. 1 EXHIBIT D LESSEE’S SITE EQUIPMENT SEAQ Honeydew – Equipment List Cabinets: (6) Total Manufacturer: Lucent/Emerson/Ericcson Dimensions: Approx. 35.4 x 40 x 72 in/approx. 36x38x80 in. Clearance: 1 to 6 inches between cabinets Antennas/Equipment: (12) Panel Antennas (12) RRUs (6) OVP’s (18) 1-5/8” Coax (3) Hybrid Cables DocuSign Envelope ID: A9438A8B-11C3-4D42-B612-413826325BAD AGENDA ITEM #6. f) Form Wireless Lease Agreement – Exhibit E 32 of 40 4865-6050-6247, v. 1 EXHIBIT E LEASEHOLD EXCISE TAX EXEMPTION IF APPLICABLE Lessee agrees to pay Leasehold Excise Tax directly to the State of Washington and not through the City. Not Applicable. DocuSign Envelope ID: A9438A8B-11C3-4D42-B612-413826325BAD AGENDA ITEM #6. f) Form Wireless Lease Agreement – Exhibit G 33 of 40 4865-6050-6247, v. 1 EXHIBIT F PERFORMANCE BOND (See Attached) DocuSign Envelope ID: A9438A8B-11C3-4D42-B612-413826325BAD AGENDA ITEM #6. f) Bond Number: 107897214 Site Name: Honey Dew Site Address: 3410 NE 12th Ave, Renton, WA 98056 Location Code: 5000190313 Project Number: 15670571 EXHIBIT F PERFORMANCE BOND BOND TO THE CITY OF RENTON CITY OF RENTON HIGHLANDS RESERVOIR SITE KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned Seattle SMSA Limited Partnership dba Verizon Wireless. One Verizon Way, Basking Ridge, NJ 07962 . I d Travelers Casualty and Surety Company of America . d d . as pnncIpa , an ________________ corporation organize an existingunder the laws of the State of Connecticut as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations, as surety are Jointly and severally held and firmly bound to the City of Renton 1n the penal sum of Thirty Thousand and No/100 dollars ($ 30,000.00) for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or person representatives, as the case may be. This obligation is entered into pursuant to the statutes of the State of Washington, the Ordinance of the City of Renton. Dated at &I levlt\c:..., , Washington, this /,a>-day of Qcl-o!?cv. 2022> Nevertheless, the conditions of the above obligation are such that: WHEREAS, under and pursuant to Lease Agreement LAG- Lf30Cf (() The pr1nc1pal/lessee is required to finish a bond for providing for construction, maintenance and removal of telecommunications facility located at 3410 NE 12th St, Renton, Washington, commonly referred to as Highlands Reservoir site NOW, THEREFORE, this Performance and Payment Bond shall be satisfied and released only upon the condition that Principal: •Faithfully performs all provIsIons of the lease, including, but not limited to, construction,maintenance and removal of telecommunications equipment and facilities and changes tosuch equipment and facilities authorized by Owner in the manner and within the timespecified as may be extended under the lease;•Indemnifies and holds Owner, its officers, and agents harmless from and against all claims,liabilities, causes of action, damages, and costs for such payments for labor, equipment, andmaterials by satisfying all claims and demands incurred under the lease, and reimbursingand paying Owner all expenses that Owner may incur in making good any default byPrincipal. 33 of 42 486!-5723-8388, v I For LAG-24-001 AGENDA ITEM #6. f) No change, extension of time, alteration, or addition to the terms of the lease or to the Work to be performed under the lease shall in any way affect Surety's obligation on the Performance Bond. Surety hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract or the Work. This Contract Bond shall be governed and construed by the laws of the State of Washington, and venue shall be in King County, Washington. IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterpar ts this 10th day of October , 20 2.3_. Seattle SMSA Limited Partnership dba Verizon Wireless Principal �� Signature Travelers Casualty and Surety Company of America Surety fK:Qc..u.,J.� ro,---e c��N� Brittany D. Stuckel, Attorney-In-Fact Title Title Name and address of local office of agent and/or Surety Company: 4861-5723-8388, V. I 34 of 42 Taila Hession 14200 Park Meadow Drive, Suite 300N Chantilly, VA 20151 AGENDA ITEM #6. f) ... TRAVELERSJ Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casually and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Brittanv D. Stuckel of St. Louis , Missouri their true and lawful Altorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. State of Connecticut City of Hartford ss. By:___,,.,,'-6" A�-"-""� /�yf·�----------�y. Senior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2026 This Power of Attorney is granted under and by the autho rity of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, anySecond Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligator y in the nature or a bond, recognizance, or conditional undertaking. and any of said officers or the Board of Directors at any lime may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Ch airman, any Execullve Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing aulhority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed In the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President. any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal. if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President. any Executive Vice President. any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to anyPower of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in lhe future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each or the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 10th day or October 2023 � Kevin E. Hughes,Assistant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above-named Attorney(s)-in-Fact and the details of the bond to which this Power of Attorney is attached. AGENDA ITEM #6. f) STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this i.{t_ day of OC7bkv: , 202.?before ilJr?_a.Notary Public in and forthe State of Washington, personally appeared ma«:J11.. L/t (j,1'[T/,I(, , personally known to me ( or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the Director, Network Engineering of Cellco Partnership, d/b/a Verizon Wireless, to be the free and voluntary act and deed of said party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. State of WA, res, mg a My appoin �=:::..,__;'-x""p "-'-'-.:.c_ '-----"------.V'l.----ca . 2-0 Z.& Print Name , /a.h11tU-, L.)Wit'. ' - ---- JANNETTE L CLARKNotary PublicState of WashingtonCommission # 173345My Comm. Expires Aug 29' 2026- AGENDA ITEM #6. f) 43696Holder Identifier : 7777777707070700077763616065553330772617446304557707443126663407310072640477147231020736041113063011207522411376230556075662371324367740750423755203677607504413532270130077727252025773110777777707000707007 6666666606060600062606466204446200622220606206220006020026260040200062220040600402020622000426006220206202026260260000060022060422622200622000426026200206000224242222620066646062240664440666666606000606006Certificate No : 570101917162 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 09/29/2023 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER Aon Risk Services Northeast, Inc. New York NY Office One Liberty Plaza 165 Broadway, Suite 3201 New York NY 10006 USA PHONE (A/C. No. Ext): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED 23035Liberty Mutual Fire Ins CoINSURER A: INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: FAX (A/C. No.):(800) 363-0105 CONTACT NAME: Cellco Partnership dba Verizon Wireless 1095 Avenue of the Americas New York NY 10036 USA COVERAGES CERTIFICATE NUMBER:570101917162 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.Limits shown are as requested POLICY EXP (MM/DD/YYYY) POLICY EFF (MM/DD/YYYY) SUBR WVD INSR LTR ADDL INSD POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X X GEN'L AGGREGATE LIMIT APPLIES PER: $1,000,000 $2,000,000 $10,000 $1,000,000 $2,000,000 $2,000,000 XCU Coverage is Included A 06/30/2023 06/30/2024TB2691550588143 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) BODILY INJURY (Per accident) COMBINED SINGLE LIMIT (Ea accident) EXCESS LIAB OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED UMBRELLA LIAB RETENTION E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT OTH- ER PER STATUTE Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Contract: 43696, MDG code: 5000190313, Project: 1567057, Site name: SEA Honey Dew, Site Address: 3410 NE 12th Street, Renton, WA 98056. City of Renton is included as an Additional Insured with respect to the General Liability policy. The General Liability policy shall apply as Primary Insurance & Non-Contributory to each Additional Insured listed herein. CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVECity of Renton Attn: Lori Lohman PW/Facilities 1055 South Grady Way Renton WA 98057 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. EXHIBIT G AGENDA ITEM #6. f) CG 20 26 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Policy Number TB2-691-550588-143 COMMERCIAL GENERAL LIABILITY CG 20 26 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization whom you become Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1.In the performance of your ongoing operations; or 2.In connection with your premises owned by or rented to you. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. obligated to include as an additional insured as a result of any contract or agreement you have entered into. AGENDA ITEM #6. f) LIM 02 01 12 11 © 2011, Liberty Mutual Group. All rights reserved. Page 1 of 1 Policy Number TB2-691-550588-143 Issued by Liberty Mutual Fire Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION AND NON-RENEWAL This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART GARAGE COVERAGE PART LIQUOR LIABILITY COVERAGE PART MOTOR TRUCK CARGO COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRINTERS LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY – NEW YORK WAREHOUSEMAN'S LEGAL LIABILITY COVERAGE PART We will not cancel or non-renew this policy or make changes that reduce the insurance afforded by this policy until written notice of cancellation, non-renewal or reduction has been mailed or delivered to those scheduled below at least a)10 days before the effective date of cancellation, if we cancel for non-payment of premium; or b) 30 days before the effective date of the cancellation, non-renewal or reduction if we cancel or reduce the insurance afforded by this policy for any other reason. NAME ADDRESS Per schedule on file with the Company Per schedule on file with the Company AGENDA ITEM #6. f) Form Wireless Lease Agreement – Exhibit G 37 of 40 4865-6050-6247, v. 1 EXHIBIT H – SAMPLE SHORT FORM MEMORANDUM. If agreed to be used by the Parties. FORM – NOT FOR EXECUTION (See Attached) DocuSign Envelope ID: A9438A8B-11C3-4D42-B612-413826325BAD AGENDA ITEM #6. f) Form Wireless Lease Agreement – Exhibit G 38 of 40 4865-6050-6247, v. 1 FILED FOR RECORD AT REQUEST OF AND WHEN RECORDED RETURN TO: Tock & Corl, PLLC Attn: S. Ward 17502 Marine Drive Stanwood, WA 98292 Space above this line is for Recorder’s use. Memorandum of Site Lease Agreement Grantor: City of Renton, a Washington municipal corporation Grantee: Seattle SMSA Limited Partnership d/b/a Verizon Wireless Legal Description: Portion of Section 4, T23N, R5E, W.M., County of King, State of Washington Official legal description attached as Exhibit “A” Assessor’s Tax Parcel ID#: 0423059186 Reference # (if applicable): N/A DocuSign Envelope ID: A9438A8B-11C3-4D42-B612-413826325BAD AGENDA ITEM #6. f) Form Wireless Lease Agreement – Exhibit G 39 of 40 4865-6050-6247, v. 1 MEMORANDUM OF SITE LEASE AGREEMENT - For LAG-24-001 THIS MEMORANDUM OF SITE LEASE AGREEMENT evidences that a Site Lease Agreement (“Lease”) was entered into as of ___________________________, 202__, by and between the City of Renton, a Washington municipal corporation (the “City”), and Seattle SMSA Limited Partnership d/b/a Verizon Wireless (“Lessee”), for certain real property located at 3410 NE 12th St, Renton, Washington, commonly referred to as the SEA HONEYDEW / Highlands Reservoir, within the property of the City, which is described in Exhibit “A” attached hereto (“Legal Description”), together with a right of access and to install and maintain utilities, for an initial term of five (5) years commencing as provided for in the Lease, which term is subject to Lessee’s rights to extend the term of the Lease as provided in the Lease. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK – SIGNATURE PAGE FOLLOWS] DocuSign Envelope ID: A9438A8B-11C3-4D42-B612-413826325BAD AGENDA ITEM #6. f) Form Wireless Lease Agreement – Exhibit G 40 of 40 4865-6050-6247, v. 1 CITY: City of Renton, a Washington municipal corporation By: Attest: Name: Armondo Pavone ______________________________ Title: Mayor Jason Seth, City Clerk Date: Approved as to form: Shane Moloney, City Attorney Clb 10-18-22 (98) 3/11/24 clb LESSEE: Seattle SMSA Limited Partnership d/b/a Verizon Wireless By Cellco Partnership, Its General Partner By: Name: Title: Date: DocuSign Envelope ID: A9438A8B-11C3-4D42-B612-413826325BAD AGENDA ITEM #6. f) Certificate Of Completion Envelope Id: A9438A8B11C34D42B612413826325BAD Status: Completed Subject: HONEY DEW/P1993871/Felipe Martinez Review Approved 2-20-24/VZ Director to sign. Source Envelope: Document Pages: 40 Signatures: 2 Envelope Originator: Certificate Pages: 5 Initials: 0 felipe AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) felipe.martinez@verizonwireless.com IP Address: 69.78.1.238 Record Tracking Status: Original 2/20/2024 12:56:26 PM Holder: felipe felipe.martinez@verizonwireless.com Location: DocuSign Signer Events Signature Timestamp Patty Gossler patty.gossler@verizonwireless.com Sr. Director, Network Engineering Security Level: Notarized Signing (Notary: Janni Clark), Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 69.78.1.238 Sent: 2/20/2024 1:00:07 PM Viewed: 2/21/2024 1:04:42 PM Signed: 2/21/2024 1:06:10 PM Electronic Record and Signature Disclosure: Accepted: 2/21/2024 1:04:42 PM ID: 2b7e4c11-9b9d-456c-baf6-5f8d440eb783 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Janni Clark janni.clark@verizonwireless.com Verizon Enterprise Solutions Security Level: Email, Account Authentication (None) Sent: 2/20/2024 1:00:06 PM Electronic Record and Signature Disclosure: Accepted: 5/16/2022 10:31:45 AM ID: cb981935-f5c4-4570-b878-4529b4855a4d Kristen Bates kristenbates@tocolaw.com Security Level: Email, Account Authentication (None) Sent: 2/20/2024 1:00:06 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Rena Dinkelspiel rena.peyton@verizonwireless.com Security Level: Email, Account Authentication (None) Sent: 2/20/2024 1:00:07 PM Electronic Record and Signature Disclosure: AGENDA ITEM #6. f) Carbon Copy Events Status Timestamp Not Offered via DocuSign Sarah Blanchard sarah.blanchard@acomconsultinginc.com Security Level: Email, Account Authentication (None) Sent: 2/20/2024 1:00:07 PM Viewed: 2/21/2024 1:16:20 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Notary Name: Jannette L. Clark Notary Email: janni.clark@verizonwireless.com Notary Address: 3245 158TH AVE SE Bellevue WA 98008 Notary Signer: Patty Gossler Notary Designated By: felipe Security Level: Email, Account Authentication (None) Using IP Address: 69.78.1.238 Sent: 2/20/2024 1:00:08 PM Viewed: 2/21/2024 1:06:57 PM Signed: 2/21/2024 1:08:22 PM Freeform Signing Electronic Record and Signature Disclosure: Accepted: 5/16/2022 10:31:45 AM ID: cb981935-f5c4-4570-b878-4529b4855a4d Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 2/20/2024 1:00:08 PM Certified Delivered Security Checked 2/21/2024 1:06:57 PM Signing Complete Security Checked 2/21/2024 1:08:22 PM Completed Security Checked 2/21/2024 1:08:22 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure AGENDA ITEM #6. f) ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, VBG Network Real Estate (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. 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AGENDA ITEM #6. f) AB - 3536 City Council Regular Meeting - 15 Apr 2024 SUBJECT/TITLE: Lease Addendum 5 for LAG-12-001 Rain City Catering RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works Facilities Division STAFF CONTACT: Jeff Minisci , Facilities Director EXT.: 425-430-6643 FISCAL IMPACT SUMMARY: The city will receive $1,130 in rent per month, plus 15% of gross catering sales. This lease amendment will extend the lease for an additional three months and 16 days with no increase in lease rates. Rain City Catering will bring an estimated revenue of $4,000.00 plus 15% catering sales annually. SUMMARY OF ACTION: The city proposes to again extend the lease with Rain City Catering for the Renton Pavilion Event Center. The city is currently undertaking the design of the downtown Pavilion as year-round market in accordance with the Civic Core Vision and Action Plan and the 2023-2024 Capital Improvement Plan. Based on the time it took to study options, complete the design, prepare for construction we have the ability to extend this lease for additional 3.5 months and not impact the construction schedule. The city and Rain City Catering are in agreement that adding an additional three months and 16 days to the lease will be beneficial to both parties. This will allow Rain City Catering to utilize the Pavilion space during the planning and design phase of the project, and allow the city to continue to receive revenue during this period. Terms of the lease:  Extend lease from September 30, 2024, to January 16, 2025  Lease extension amount of $4,000 plus 15% gross room rental catering sales, and of Lessee's net income after third-party charges for food and beverages sales and charges for the following items, if provided by lessee: Audio Visual systems, linens, flowers, tables, chairs, flatware, and china. EXHIBITS: A. Addendum No. 5 to LAG-12-001 STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to Execute the 3 month and 16-day lease extension for Rain City Catering, effective September 30, 2024, to January 16, 2025, in the amount of $4,000.00 plus 15% catering sales. AGENDA ITEM #6. g) LAG-12-001 Adden #5-24 Page 1 LAG-12-001 Addendum No 5 ADDENDUM NO. 4-23 TO LAG-12-001 Between City of Renton and Rain City Catering THIS ADDENDUM No. 5 to Lease Agreement LAG-12-001 (ADDENDUM No. 5) is effective _________________, 2024 (Effective Date) by and between the City of Renton (City or Lessor), a Washington municipal corporation, and Rain City Catering (Lessee). The City and Lessee are referred to collectively in this Agreement as the “Parties.” WHEREAS, by this Addendum, the Parties mutually agree to amend the original and existing Agreement LAG-12-001 (Agreement), Addendum 1-18, and Addendum 2-21, and Addendum 3- 23, and Addendum 4-24, entitled Renton Pavilion Event Center Lease. NOW, THEREFORE, in consideration of the mutual terms and covenants in this Addendum and other good and valuable consideration, the Parties agree to the following: SECTION 1. Section 1.6 is amended to read as follows: Section 1.6 Lease Term: 1.6.1. The term of this Lease shall begin on January 1, 2012 (the Commencement Date), and terminating on January 16, 2025, 1.6.2 The Parties do not intend to renew this lease past January 16, 2025– any hold over or additional renewals must be in writing and agreed upon by the parties. The Parties also agree not to terminate the lease prior to January 16, 2025, except for default or breach of agreement. 1.6.3 Lessee may reserve or rent space at the Pavilion to users during the lease period. Lessee must completely vacate the Pavilion premises by January 16, 2025. SECTION 2.All terms and conditions of the Agreement and Amendment 1-18, and Amendment 2-21, and Addendum 3-23,and Addendum 4-24 not amended by this Addendum 5- 24 shall remain in full force and effect and are ratified and re- confirmed. To the extent any term(s) and/ or conditions) of the Agreement conflicts with any term(s) and/ or condition(s) of this Addendum, the term(s) and/ or condition(s) of this addendum shall control. AGENDA ITEM #6. g) LAG-12-001 Adden #5-24 Page 2 LAG-12-001 Addendum No 5 IN WITNESS WHEREOF, the Parties agree that this Addendum, once executed takes effect on the Effective Date noted above. CITY OF RENTON Rain City Catering ___________________________ _____________________________ Armondo Pavone, Mayor By: ___________________________ Date signed: _______________ Printed Name:__________________ Title: __________________ Date signed: __________________ Attest: __________________________ Jason A. Seth, City Clerk Date attested:______________ APPROVED AS TO FORM ONLY __________________________ Shane Moloney, City Attorney clb 11/28/23 (343) AGENDA ITEM #6. g) LAG-12-001 Adden #5-24 Page 3 LAG-12-001 Addendum No 5 STATE OF WASHINGTON ) ) SS COUNTY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Armondo Pavone to me known to be the person(s) who signed as THE MAYOR of CITY OF RENTON, the Washington municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be his free and voluntary act and deed and the free and voluntary act and deed of said Washington municipal corporation for the uses and purposes therein mentioned; and on oath stated that he was authorized to execute the said instrument on behalf of said Washington municipal corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. __________________________________________ (Signature of Notary) __________________________________________ (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at ________________________________ My Appointment Expires: ____________________ STATE OF WASHINGTON ) ) SS COUNTY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ____________________ to me known to be the _________________ of _________________________, and acknowledged the said instrument to be the free and voluntary act and deed of said Rain City Catering, for the uses and purposes therein mentioned, and on oath stated that she/he was authorized to execute said instrument on behalf of said Rain City Catering. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. __________________________________________ (Signature of Notary) __________________________________________ (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at _________________________________ My Appointment Expires: _____________________ AGENDA ITEM #6. g) AB - 3546 City Council Regular Meeting - 15 Apr 2024 SUBJECT/TITLE: Amendment No. 4 to CAG-22-376 with Graham Baba Architects and Pavilion Remodel RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works Facilities Division STAFF CONTACT: Jeff Minisci , Facilities Director EXT.: 425-430-6643 FISCAL IMPACT SUMMARY: Funding for this agreement is in the amount of $122,280.00 will be available from the approved 2024 Piazza Park Remodel budget. A proposed budget adjustment of $250,000 in 1st Quarter Budget adjustment will provide sufficient funding to cover this agreement. The funding source is 316.332090.020.594.76.63.002. CAG #22-376 is assigned to this contract. SUMMARY OF ACTION: This amendment increases design services to add renovation of exterior spaces around the Pavilion building, including the Piazza, Logan festival street, Gateway Park, and Clocktower plaza, to Graham Baba’s Professional Service Agreement. These public spaces require changes to allow the new Pavilion public market to operate seamlessly with the surrounding outdoor areas, the addition of important visitor facilities (public restroom and children’s play equipment), and refinements and infrastructure to better support the Farmers Market and other outdoor events desired for the Downtown Civic Core. These additional services cover the Schematic Design and early Design Development phases for the Piazza Park. Please see Exhibit A for the full proposal. One new subconsultant, Hewitt, is being added with this amendment to provide landscape architectural services related to renovation designs for the public spaces noted above. The subject proposal also includes tasks assigned to the project design lead, Graham Baba, for architectural design and project design team oversight/coordination, and two existing subconsultants: KPFF Engineers (providing civil design services) and DCW Cost Management (providing cost estimating services) for Piazza/Gateway Park and Logan Festival Street. Schedule: Completion December 31, 2025. Budget: The budget for this amendment is $122,280.00. The total Professional Service Agreement plus the approved Amendments 1, 2 and 3 is $994,379.00. The revised Professional Service Agreement is $1,116,659.00. The funding source for this project is GL 316.332090.020.594.76.63.002. EXHIBITS: A. Exhibit A-4 STAFF RECOMMENDATION: AGENDA ITEM #6. h) 1. Authorize the Mayor and City Clerk to execute the amendment with Graham Baba Architects CAG 22- 376 in the amount of $122,280.00 for additional scope of work associated with the Piazza/Gateway Park Design and integration with the Pavilion Remodel Project. 2. Authorize the allocation of $250,000 from unencumbered General Fund Balance to GL 316.332090.020.594.76.63.002 Piazza/Gateway Parks Project. 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%HOPRQW$YHQXH6XLWH6HDWWOH:DVKLQJWRQ,QLWLDOV 3DJHRI '7KLVSURSRVDOFXUUHQWO\H[FOXGHVWKHIROORZLQJVHUYLFHVEXWLWLVXQGHUVWRRGVRPHRIWKHVHPD\EHUHTXLUHGDQGLI QHHGHGZLOOEHDGGHGLQWKHIXWXUH''&$IROORZRQSURSRVDO •,WHPVQRWHGDVH[FOXGHGLQWKHDWWDFKHGVXEFRQVXOWDQWSURSRVDOV •/LJKWLQJGHVLJQDQGGRFXPHQWDWLRQEH\RQGWKDWLQGLFDWHGLQWKHDWWDFKHGVXEFRQVXOWDQWSURSRVDOV •$UFKLWHFWXUDOUHQGHULQJVGHWDLOVDQGSODQV •3DYLQJSRZHUDQGUHODWHGLQIUDVWUXFWXUHGHVLJQEH\RQGEDVLF6'OHYHO&LYLOFRRUGLQDWLRQGRFXPHQWDWLRQ •'HVLJQRIUHQRYDWLRQVFKDQJHVWRWKH%LJ/RW •*UDSKLFVEUDQGLQJVLJQDJHZD\ILQGLQJDQGDUWZRUN •6(3$DQG/DQG8VH(QWLWOHPHQWVFRRUGLQDWLRQDSSOLFDWLRQVDQGSHUPLWWLQJ •'HVLJQZRUNEH\RQG6'OHYHOGHVLJQ (2XUSURSRVDOLVWKDWVHUYLFHVEHSHUIRUPHGRQDOXPSVXPEDVLVLQWKHDPRXQWRI7KHWDEOHEHORZ SURYLGHVDEUHDNGRZQRIRXUIHHVE\SKDVHDQGFRQVXOWDQWVIRUWKH2ZQHUɨVXQGHUVWDQGLQJLQKRZZHGHYHORSHG RXURYHUDOOIHH7KHVHLQGLYLGXDOGROODUDPRXQWVKRZHYHUGR127UHSUHVHQWLQGLYLGXDOOXPSVXPIHHVIRUHDFK SKDVHFRQVXOWDQWɨVZRUN )HH3HU'LVFLSOLQH3KDVH *%$+HDUW%ORFNV:RUNDQG3URMHFW6FRSLQJWRGDWHΨϴ͕ϵϰϬ *%$6'3KDVHΨϭϰ͕ϭϱϬ *%$ɥ(DUO\''3KDVHΨϰ͕ϵϮϬ +HZLWWɥ6'3KDVHΨϰϴ͕ϲϬϬ +HZLWWɥ(DUO\''3KDVHΨϭϮ͕ϭϱϬ .3))ɥ6'3KDVHΨϮϬ͕ϮϬϬ .3))ɥ(DUO\''3KDVHΨϳ͕ϲϬϬ '&:ɥ6'&RVW$QDO\VLVΨϱ͕ϵϱϬ $GPLQLVWUDWLYH)HHRQ6XE&RQVXOWDQWVΨϵ͕ϰϱϬ 7RWDO)HH(VWLPDWHΨϭϯϭ͕ϵϲϬ %ULDQ-RQDV3ULQFLSDO2ZQHU *5$+$0%$%$$5&+,7(&76 7KH$GGLWLRQDO6HUYLFHV5HTXHVWGHVFULEHGDERYHLVDFFHSWHG BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB %\BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB 7LWOHBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB 'DWHBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB AGENDA ITEM #6. h) AB - 3548 City Council Regular Meeting - 15 Apr 2024 SUBJECT/TITLE: Professional Services Agreement between Fehr and Peers, Inc. and the City of Renton for the Five-Year Update of the Comprehensive Plan Transportation Element RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works Transportation Systems Division STAFF CONTACT: Ellen Talbo, Transportation Planning and Programming Manager EXT.: 7319 FISCAL IMPACT SUMMARY: The agreement in the amount not to exceed $378,545 will be funded out of the Arterial Circulation Program in Fund 317. The current balance in this program is $132,420 leaving a shortfall of $246,125. Staff is proposing a one-time transfer of $300,000 from un-assigned General Fund balance to cover the shortfall and programmatic activities to maintain compliance with state and federal regulations. SUMMARY OF ACTION: The Transportation Planning group of the PW/Transportation Division is seeking professional services to complete the five-year periodic update of the Transportation Element (TE) of the Comprehensive Plan since the last update in 2015. It will specifically consider the existing and projected impact on the city’s transportation networks from the land uses, employment and housing goals recently affected by recent statewide legislation. The work will also update comprehensive planning policies related to multi-modal and non-motorized circulation incorporating findings from the Comprehensive Walkway Plan and other regional significant transportation projects. Completion of the update to the Transportation Element is part of the City’s compliance with the Growth Management Act (GMA) and staff is coordinating with Community & Economic Development staff whom are leading the overall periodic review of the city’s Comprehensive Plan. Staff evaluated statements of qualifications (SOQs) listed in the MSRC rosters and selected Fehr and Peers based on qualifications and availability to perform the work. Detailed information is available in the Scope of Work. EXHIBITS: A. Professional Service Agreement STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to:  Execute a Professional Service Agreement with Fehr and Peers, Inc. in the amount of $378,545 to complete the five-year periodic review and update of the Renton Comprehensive Plan Transportation Element, and;  Approve a transfer of funds through the Q2 budget adjustment process to transfer: $300,000 from unassigned General Fund balance to the Arterial Circulation Program (#120029). AGENDA ITEM #6. i) AGREEMENT FOR THE 2024 TRANSPORTATION ELEMENT UPDATE FOR THE CITY OF RENTON COMPREHENSIVE PLAN THIS AGREEMENT, dated for reference purposes only as April__2024, is by and between the City of Renton (the “City”), a Washington municipal corporation, and Fehr and Peers, INC. a California Corporation licensed in Washington (“Consultant”), . The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both Parties. 1. Scope of Work: Consultant agrees to provide professional services as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the “Work.” 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise mutually agreed by the Parties. 3. Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no later than December 31, 2026. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $378,545.00, plus any applicable state and local sales taxes. Compensation shall be paid [as a flat rate fixed sum based upon Work actually performed according to the rate(s) or amounts specified in Exhibit A. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit A. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been AGENDA ITEM #6. i) PAGE 2 OF 21 performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant’s performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6. Right To Use Work Product: Consultant represents that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in AGENDA ITEM #6. i) PAGE 3 OF 21 accordance with all reasonable and professional standards and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non-exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City’s or other’s adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Independent Contractor Relationship: AGENDA ITEM #6. i) PAGE 4 OF 21 A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant’s failure to do so. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City’s sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees and volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence. AGENDA ITEM #6. i) PAGE 5 OF 21 It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant’s performance of the Work. 12. City of Renton Business License: Unless exempted by the Renton Municipal Code, Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: https://www.rentonwa.gov/Tax Information regarding State business licensing requirements can be found at: https://dor.wa.gov/doing-business/register-my-business 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence claim. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. AGENDA ITEM #6. i) PAGE 6 OF 21 D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F. Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within ten (10) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Ellen Talbo, Project Manager 1055 South Grady Way Renton, WA 98057 CONSULTANT – FEHR AND PEERS, INC. Aaron Gooze 601 Union Street, St. 3525 Seattle, WA 98101 AGENDA ITEM #6. i) PAGE 7 OF 21 Phone: (425) 430-7319 etalbo@rentonwa.gov And to cityclerk@rentonwa.gov Phone: (206) 679-0623 A.Gooze@fehrandpeers.com Click here to enter text. 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement’s non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous: The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. AGENDA ITEM #6. i) PAGE 8 OF 21 D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City’s project manager is Ellen Talbo, Transportation Planning Manger. In providing Work, Consultant shall coordinate with the City’s project manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. AGENDA ITEM #6. i) PAGE 9 OF 21 F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of AGENDA ITEM #6. i) PAGE 10 OF 21 this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ Mayor Armondo Pavone Mayor Enter Signer’s Name Enter Signer’s Title _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: __________________________ Shane Moloney City Attorney Contract Template Updated 5/21/2021 Clb 3-18-24 NS 2974 AGENDA ITEM #6. i) P a g e | 1 City of Renton Transportation Element Update Scope of Work During the term of this agreement (March 2024 through December 2026), Fehr & Peers (CONSULTANT) and team will perform professional services in connection with the update of the Transportation Element (TE) update as described in the following scope of work. The schedule assumes that much of the work will be completed in 2024 with additional coordination and deliverables support through 2025. A more-detailed schedule and workplan will be developed as part of Task 1. This agreement will commence with the issuance of a Notice to Proceed by the City of Renton (CITY). Project Overview The Renton TE update will provide a framework to guide transportation investments over the next 20 years in accordance with the community’s transportation priorities. It will be developed through close collaboration between CITY staff, stakeholders and the public at-large, the Planning Commission and City Council to help improve mobility and quality of life. The purpose of this scope is to outline the CONSULTANT team’s tasks and deliverables in the TE update process. The project team will be led by the CITY project manager and will include the CONSULTANT team project manager, CONSULTANT team members, and other CITY staff. The CONSULTANT will perform the following tasks: Task 1 – Project Management 1.1 Kickoff Meeting The CONSULTANT will attend a virtual project kickoff meeting to review project scope, schedule, budget, and deliverables to ensure expectations are clear. That meeting will discuss the relationship between the TE update and the Comprehensive Plan and the timing of touches with the community, Planning Commission and City Council throughout the project. Deliverables: •Meeting agenda •Meeting summary with actions 1.2 Biweekly Check-in Calls and Invoicing AGENDA ITEM #6. i) P a g e | 2 The CONSULTANT will attend half-hour biweekly check-in calls with the CITY’s project manager. The bi-weekly check in calls are expected to occur for the duration of the project. In advance of biweekly check-in calls, the CONSULTANT with prepare an agenda and follow up on the meeting with notes summarizing action items. The CONSULTANT will also provide monthly invoices and progress reports documenting the status of both scope progress and budget expenditure. Deliverables: •Biweekly check-in calls, agendas, and meeting notes •Monthly invoices and progress reports Task 2 – Laying the Groundwork for Priorities Over the years, the CITY has undertaken many efforts related to transportation planning. These efforts have resulted in the identification of a variety of values, goals, and policies for transportation. The purpose of this task is to identify a single, unified set of transportation priorities that advance the CITY’s overall vision for transportation, which will guide development of the TE’s vision and goals. It is assumed that these priorities will set the framework for any future updates to the CITY’s transportation policies, including level of service and administrative policies. 2.1 Priorities Workshop The CONSULTANT team will lead a two-hour workshop with CITY staff to identify 4-6 priorities for the TE update. The CONSULTANT will strategize with CITY staff on best framing for the conversation to ensure a productive workshop. The CONSULTANT will produce a summary of the workshop for the project record, identifying apparent transportation priorities to help guide the balance of the project. The CITY will review the summary and provide one round of comments, which the CONSULTANT will use to update the final workshop summary. In support of the workshop, the CONSULTANT will review the existing transportation goals and policies in the Transportation Element to provide the necessary context for the priorities workshop. Assumptions: •CITY staff will select and invite participants. •Meeting will be held either via a virtual meeting platform or in-person. Deliverables: •Workshop materials including the meeting agenda and PowerPoint slides. •Draft and final meeting summary, which summarizes the transportation priorities. Task 3 – Public and Stakeholder Outreach 3.1 Public Outreach Support Public outreach is assumed to be conducted primarily through the existing Comprehensive Plan update process currently underway through a separate contract AGENDA ITEM #6. i) P a g e | 3 and consultant. Time has been set aside to provide any necessary coordination between the two efforts to gather feedback required to advance the development of the TE update. Assumptions: •The CITY’s public outreach consultant will produce individual engagement summaries and will produce all necessary materials and deliverables. •The CONSULTANT is available to support public outreach efforts if necessary. The CITY will authorize this optional task prior to any work being performed. 3.2 City Council and Planning Commission Meetings The CONSULTANT is available to support CITY Staff at up to four (4) meetings to either the City Council or Planning Commission over the course of this project. These meetings may include either the CONSULTANT providing a formal presentation or supporting a discussion facilitated by CITY Staff. The hours associated with this task include preparation of materials and participation in meetings. Deliverables: •CONSULTANT attendance at up to four City Council or Planning Commission meetings •Presentation materials Task 4 – Technical Foundation This task covers many of the technical tasks needed to complete the TE update, including compilation and interpretation of data and update of the CITY’s travel model. 4.1 Data Collection The CONSULTANT will coordinate with CITY staff on data availability, leveraging CITY technical resources wherever possible. This task includes time for reviewing the CITY’s GIS database, collaborating with CITY staff on additional data needs, and purchase of historical count data or “big data” to support technical analysis. Additional data collection will include vehicle counts at all City intersections and vehicle classification counts to identify key freight routes to be updated as part of this plan. Assumptions: •Close coordination with CITY staff •The CITY will provide historic traffic count data the most recent set of signal timing plans for all signalized intersections in the City of Renton •The CONSULTANT will facilitate the collection of up to 150 peak period traffic counts (PM peak period) and up to ten 24-hour tube counts for truck movement estimates. •The CONSULTANT may leverage a “big data” source such as StreetLight to provide additional estimates for traffic counts and truck classification. CONSULTANT will coordinate with CITY staff prior to the purchase of any data source. Deliverables: Commented [AG1]: Confirm it is 150 Commented [JH2]: Confirm with City # of Intersections required for counts. AGENDA ITEM #6. i) P a g e | 4 •All GIS data files will include metadata that includes file summary, description and date and updates provided to CITY staff. 4.1B Existing Traffic Operations The CONSULTANT will use traffic counts and signal timing plans collected from section 4.1 to update the City’s intersection inventory for existing PM peak hour conditions by using Synchro. Documentation of base year 2024intersection level of service, volumes, and other relevant metrics will be updated as required. Assumptions: •CITY will provide the location and number of intersections to collect traffic counts. •Use of collected traffic volumes will inform project prioritization in Task 6. Deliverables: •All Synchro files, including output files, will be provided to CITY staff. 4.2 Travel Demand Model Forecast Updates & LOS Analysis The CONSULTANT will review and refine the most recent version of the regional trip- based travel demand model developed by the Puget Sound Regional Council (PSRC). The model will be calibrated and validated to 2024 travel conditions within the City of Renton. A future year scenario will be developed consistent with the planning year (2044) of the TE update that will be used to develop transportation network performance metrics and intersection volume forecasts in Task 6.2. The TE update analysis scenario will be evaluated using the updated travel model and intersection level-of-service (LOS) grades. Base Year Model City of Renton land use information and transportation network assumptions from the PSRC model will be verified by CONSULTANT and CITY staff. The CONSULTANT will interpolate the household and employment estimates to year 2024 estimates and will provide that information by traffic analysis zone (TAZ) for CITY staff to review. CONSULTANT will review the roadway and transit networks and make any necessary changes to update the networks to 2024 conditions. Any transportation improvement project that was installed between 2014 and 2023 that may affect travel behavior within the City of Renton will also be incorporated into the model. The base year scenario will be calibrated and statistically validated using the traffic volume counts. The validation will use state-of-the-practice criteria and will focus on PM peak hour screenline volumes along major corridors throughout the CITY. The model will also be dynamically validated to ensure that the model responds appropriately to changes to the roadway network. Typical validation tests include adding or removing roadways and increasing or decreasing capacity. The development and validation of the model will be described in a technical memo. The transportation network will be evaluated for a 2024 existing scenario using the travel model and intersection LOS. A Synchro network will be developed to provide average intersection delay and LOS using the Highway Capacity Manual (HCM) methodology for up to 150 intersections. Assumptions: AGENDA ITEM #6. i) P a g e | 5 •CONSULTANT will update the land use and transportation inputs to the model for areas inside the City of Renton •The CITY will review and provide any necessary updates to the land use estimates for the base year •Up to 150 intersections will be evaluated in Synchro for existing conditions Deliverables: •Validated base year travel demand model calibrated to 2024 conditions •Draft and final memorandum of describing model development process and key outputs 4.3 Planning Context and Existing Conditions CONSULTANT will use the results of the previously conducted public outreach and the priorities workshop from Task 2.1 to determine a set of key transportation issues. Once the key transportation issues are identified, CONSULTANT will use these findings to conduct a needs assessment for the following transportation modes, programs, and conditions: •Vehicle congestion •Multimodal needs (biking, walking, etc.) •Transit needs •Micromobility network connectivity •Freight and truck mobility •Collision data •Equity •Greenhouse gas emissions reductions •Potentially others as identified during completion of Tasks 2 and 3 This assessment will include an evaluation of existing conditions, as well as anticipated future conditions, to the extent available from a review of existing plans. CONSULTANT will summarize collision data and develop heat map figures of collisions that occurred over the most recently available five-year span, contributing circumstances, vehicle actions, and/or severity. The CONSULTANT will develop a brief memorandum documenting the planning context and existing conditions analysis and findings. Assumptions: •CITY will provide CONSULTANT with available technical data within two weeks of data request Deliverables: •Draft and final memorandum with figures documenting existing conditions for the above modes, as well as anticipated planning context Commented [ET3]: Probably more if the synchro model can be fully updated. Commented [AG4R3]: Confirm number. This was used for an updated budget AGENDA ITEM #6. i) P a g e | 6 Task 5 – Modal Network Development and MMLOS Policies This task is focused on developing a multimodal level of service (MMLOS) framework for Renton. It will identify priority networks for each mode and identify level of service policies for each network, which will be confirmed in later phases of the project once the travel modeling is complete. This task also includes the CONSULTANT providing suggested edits to the policies included in the TE of the CITY’s currently adopted Comprehensive Plan. 5.1 Creation of Layered Network After completing the LOS analysis and planning context/existing conditions under Task 4, the CONSULTANT will develop a series of proposed layered networks for the City of Renton that include the following modal priority networks: •Pedestrian •Bicycle and micromobility devices •Transit, which will include consideration of planned networks by the transit agencies •Freight •Auto Networks developed through prior plans (Renton Trails and Bicycle Master Plan, Renton Comprehensive Walkway Plan, etc.) will be used to help guide the development of the different modal networks. Deliverables: •Priority network maps (pdf, geodatabases including shapefiles and layer files, and .mxd files). All data must include associated metadata. •Memo describing how these priority networks guide infrastructure recommendations and tie to LOS policies 5.2 Level of Service CONSULTANT will lead one meeting with CITY staff, in which CONSULTANT will work to develop MMLOS policies (for autos, transit, bikes and other micromobility devices, and pedestrians) that support its community goals. These LOS policies will relate to the CITY’s updated goals and policies and they may consider different geographic context within the City of Renton, such as the Rainier TOD and other transit priority areas. Deliverables: •Meeting materials including agenda and meeting summary •Draft and final memorandum summarizing recommended MMLOS policy AGENDA ITEM #6. i) P a g e | 7 Task 6 – Project Prioritization, Selection, Costing, Funding Identification, and Policies Update Following on the understanding of trends and the identification of priorities, the CONSULTANT will identify future projects that advance the CITY's priorities, explore the costs of the projects, how they would be funded, and recommend updates to policies in the CITY’s Transportation Element. 6.1 Prioritization Criteria Building off the technical analysis and input acquired in Tasks 2 through 5, the CONSULTANT will work with the CITY to develop criteria to prioritize the proposed draft project list (see task 6.3). Then, the CONSULTANT will refine the spreadsheet based on CITY comments for use in project evaluation. Deliverables: •Draft and final memorandum and spreadsheet of summary prioritization metrics. 6.2 Future Year Modeling The future year scenario for the TE update will be evaluated in this phase. The CITY will provide CONSULTANT with the appropriate land use and transportation network assumptions within the City of Renton for CONSULTANT to develop the inputs to the travel model. CONSULTANT will be responsible for updating the model inputs outside of the CITY consistent with the regional assumptions. The travel model will be used to evaluate one future year scenario. The TE update analysis will use the v/c ratio estimates from the model as screening criteria to determine the specific intersections to evaluate in Synchro. CONSULTANT will coordinate with the CITY on the specific screening to be used. The average intersection delay and LOS will be calculated in Synchro for up to 30 intersections and the intersection forecast volumes will be developed using the state-of-the-practice methodologies. Assumptions: •CONSULTANT will update the land use and transportation inputs to the model for areas outside of the City of Renton •The CITY will review and provide any necessary updates to the land use estimates for the base and future year scenario •Up to 150 intersections will be evaluated in Synchro for existing conditions and one future year scenario Deliverables: •Travel demand forecasts and network files for one future year scenario •Draft and final model development report documenting key travel model inputs, outputs, and results. 6.3 Project List Development Once the collision data has been reviewed, a layered network has been developed, the travel modeling is completed, and level of service standards have been established, CONSULTANT will begin to identify projects to improve Renton’s transportation infrastructure (based on findings from the technical and community input foundation Commented [AG5]: For now we will keep the future modeling/analysis to the 30 intersections, but acknowledge that this could increase if needed based on updates to the existing Synchro model AGENDA ITEM #6. i) P a g e | 8 established in Tasks 2-6.2), through inclusion in the short range (6 year) Transportation Improvement Program (TIP) and long range (20 year) TE update. This includes reviewing transportation projects in adopted CITY plans and programs as well as suggesting capital improvements that fill a gap in the multimodal networks. These improvements will address needs identified for all modes in Task 5 and will be prioritized using transportation prioritization criteria established in Task 6.1. The CONSULTANT will lead one meeting with CITY staff to review the list of roadway projects in adopted plans and programs. In addition, CONSULTANT will work with CITY staff to add projects identified in the transportation needs assessment and projects to meet future bicycle, pedestrian, vehicles, and transit MMLOS standards. Assumptions: •CITY staff will provide a list of transportation projects currently planned for Renton and actively participate in project list development meetings Deliverables: •Meeting materials including agenda and meeting summary •Draft and final list and description of projects with initial prioritization ranking (see also financially constrained project list under task 6.4) •Draft and final map of identified projects 6.4 Project Costing The CONSULTANT will inform development of a financially constrained project list, by providing planning-level cost information. This includes “order-of-magnitude” per-mile costs for line items including intersection improvements, sidewalks, bicycle facilities, roadway extensions, and complete streets enhancements. These “order of magnitude” costs will not consider context-specific considerations, such as right of way or slope. In addition, the CONSULTANT will develop more detailed planning level cost estimates for up to 10 projects, as described in the assumptions below. Assumptions: •CITY will provide existing slope information and right of way information and acquisition costs •CONSULTANT will provide cost estimates for up to 10 projects, including conceptual plan views for up to 2 projects and up to 8 conceptual cross sections. Concept plans views will be based on publicly available aerial photography. •CONSULTANT will provide order-of-magnitude costing for the remaining projects from the project list (up to 16 hours) •Additional projects to be costed will be considered as additional scope of services. Deliverables: •One (1) draft and one (1) final PDF copy (and native excel file) of planning level estimates (summary and backup) with location map of projects AGENDA ITEM #6. i) P a g e | 9 6.5 Funding Assessment Detailed funding assessments are being conducted as part of the broader Comprehensive Plan update. Time has been set aside in this scope to provide any necessary coordination to support the work to ensure that there are appropriate financial resources available to complete the identified policies, programs, and projects. Additional work will be completed by the CONSULTANT as part of the concurrency and TIF program updates described in a separate scope. Assumptions: •The work will be conducted in collaboration with CITY staff and the consultant for the Comprehensive Plan update Deliverables: •No deliverables are assumed in this task 6.6 Transportation Element Policies Update The CONSULTANT will provide recommended updates to the policies contained in the most current version of the Transportation Element of the CITY’s Comprehensive Plan. These recommended updates will include suggested edits to current policies, removal of policies, and addition of policies to respond to guidance from the Department of Commerce, PSRC, and align with the priorities identified in Task 2.1 and layered network and level of service policies developed in Tasks 5.1 and 5.2, as well as other potential recommendations developed in Tasks 6.1-6.5. Deliverables: •Draft and final memorandum summarizing recommended edits to Transportation Element policies •Matrix of policy changes (additions, deletions, and modifications) provided in track changes document Task 7 – Document Production The goal of this task will be to create Renton’s Transportation Element update document, which lays out the vision developed through the prior tasks in this scope. 7.1 Administrative Draft TE Update Based on findings of Task 1 through 6, and in coordination with the Comprehensive Plan effort, the CONSULTANT will compile an updated TE document. This document will be concise and reader-friendly, while also conveying the necessary information to fulfill the scope items described above. Assumptions: •A single consolidated round of comments will be compiled by CITY staff and provided to CONSULTANT Deliverable: •Administrative Draft TE Update AGENDA ITEM #6. i) P a g e | 10 7.2 Revised Draft TE Update In response to a single consolidated round of comments from CITY staff, the CONSULTANT will prepare a Draft TE update. Assumptions: •A single consolidated round of comments will be compiled by CITY staff Deliverable: •Revised Draft TE Update 7.3 Final TE Update In response to feedback received from the Planning Commission, the City Council, and the public as part of the Comprehensive Plan update process, the CONSULTANT will prepare a Final TE update. Assumptions: •A single consolidated round of comments from the CITY Council, public outreach, and CITY staff, will be provided to CONSULTANT and one additional round of comments and updates based on CITY project manager review of the final TE update Deliverables: •Final TE Update AGENDA ITEM #6. i) City of Transportation Master Plan – Phase 2 Scope of Work June 10, 2019 Totals By Firm Total PIC PM Modeling Advisor Primary Modeler / Analyst Multimodal Support Graphics Admin Kendra Breiland Aaron Gooze Jeff Pierson Jiamin Tan Taylor Whitaker Peter Nguyen Brittany Skinner Task #Tasks 330$ 280$ 240$ 145$ 195$ 190$ 145$ FP 1 Project Management 1.1 Project kick-off meeting 2 4 2 2 1 2,695$ 2,695$ 1.2 Bi-weekly check-in calls, monthly invoicing 4 24 4 8 24 13,640$ 13,640$ 2 Laying the Groundwork 2.1 Priorities development & workshop 4 12 16 12 4 3 8,195$ 8,195$ 3 Public/Stakeholder Outreach 3.1 Public outreach support 2 4 4 8 8 2 4,170$ 4,170$ 3.2 Council & planning commission meetings 2 20 4 12 2 3 7,655$ 7,655$ 4 Technical Foundation 4.1 Data collection & compilation 1 4 60 8 16 6 14,060$ 14,060$ 4.1b Synchro model update (150 intersections updating counts and signal timing plans)1 16 40 320 24 64,290$ 64,290$ 4.2 Travel demand model forecast updates & LOS analysis 2 12 48 160 4 39,320$ 39,320$ 4.3 Planning context & existing conditions 2 16 48 24 30 2 18,090$ 18,090$ 5 Modal Network Development & MMLOS Policies 5.1 Creation of layered network 4 12 32 8 8 4 11,420$ 11,420$ 5.2 Level of service 6 12 24 3 9,255$ 9,255$ 6 Project Prioritization, Selection, Costing, Funding Identification, and Policies Update 6.1 Prioritization criteria 4 8 24 2 7,330$ 7,330$ 6.2 Future year modeling 2 8 16 40 2 12,830$ 12,830$ 6.3 Project list development 8 24 4 60 24 24 4 24,160$ 24,160$ 6.4 Project costing 1 6 60 2 11,000$ 11,000$ 6.5 Funding assessment 2 4 8 1 3,085$ 3,085$ 6.6 Transportation Element policies update 4 8 20 2 6,750$ 6,750$ 7 Document Production 7.1 Administrative Draft TE 16 40 40 40 40 4 30,460$ 30,460$ 7.2 Draft TE Update 8 24 16 8 8 2 13,490$ 13,490$ 7.3 Final TE Update 4 12 8 8 8 2 7,650$ 7,650$ Labor Total 79 270 114 954 152 148 97 309,545$ 309,545$ Direct Expenses (traffic counts, mileage, printing, etc.)69,000$ 69,000$ Total (Labor + Expenses)378,545$ 378,545$ Notes: This fee proposal is valid for a period of 90 days from the proposal submittal date. Actual billing rate at the time of service may vary depending on the final staffing plan at the time the project starts; the overall fee will not be exceeded.Direct Expenses Mileage is billed at the IRS rate plus 10% handling fee TMC (150 locations. PM peak) and 24-hour classification counts at 20 locations 64,000$ All other direct expenses are billed with 10% handling fee Mileage and other direct costs 5,000$ Other direct costs including computer, communications, parking, and reproduction charges are billed as a percentage of labor Total 69,000$ Fehr & Peers Budget AGENDA ITEM #6. i)