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Home My WebLink AboutFinal Agenda PacketCITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, July 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/i/84938072917?pwd=TUNCcnppb*NObONRMWpZaXk2biJnZzO9 (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/bTJU06NrEE You may also call 425-430-6501 or email isubia@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. ADMINISTRATIVE REPORT a) Administrative Report 4. 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. S. 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 July 8, 2024. Council Concur b) AB - 3622 Finance Department recommends authorizing execution of a Participation Form and Allocation Agreement for the purpose of including the City of Renton in the final settlement agreement with Kroger for opioid remediation; and recommends giving the Mayor authority to sign any future opioid litigation settlement agreements with additional litigants and any other related forms, as necessary to participate in and acquire future settlement funds pursuant to the One Washington MOU, which was approved by the council on September 12, 2022.. Refer to Finance Committee c) AB - 3620 Police Department recommends approval of an interlocal agreement with the Renton School District for the 2024-202S School Resource Officer (SRO) program; the Renton School District will pay $85,000 each school year for each assigned SRO for the period September 1, 2024 through August 31, 2025. Refer to Public Safety Committee d) AB - 3615 Public Works Facilities Division recommends execution of an agreement with the Washington State Department of Commerce to accept $267,626 in grant funds for the purpose of upgrading HVAC contracts and providing new LED lighting for Renton City Hall, Henry Moses Aquatic Center, City Shops, and at Liberty Park. Refer to Finance Committee 6. 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) Utilities Committee: 1) Agreement with Herrera Environmental Consultants for the Preparation of the Springbrook Creek Restoration Action Plan b) Committee of the Whole: 1) Labor Standards Discussion 7. LEGISLATION Ordinance for second and final reading: a) Ordinance No. 6137: Q2 Budget Amendment 8. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 9. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) 5:45p.m. - 7th Floor - Council Chambers/Video Conference 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/counciImeetings AGEN #3. a) Mayor's Office Memorandum DATE: July 15, 2024 TO: Ed Prince, Council President Members of Renton City Council FROM: Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer SUBJECT: Administrative Report CD 0-0 • 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: ✓ Monday, July 15 through Friday, July 19, 8:00 a.m. - 3:00 p.m. Intermittent lane closure on NE 12th Street and Jefferson Avenue NE for utility installation. Questions may be directed to Brad Stocco, 425-282-2373. ✓ Monday, July 15 through Friday, July 19, 8:00 a.m. - 3:00 p.m. Road closure on Kirkland Avenue NE between NE Sunset Blvd and NE 12th Street for utility installation. Detour route will be provided. Questions may be directed to Brad Stocco, 425-282-2373. ✓ Monday, July 15 through Friday, July 19, 8:00 a.m. - 3:00 p.m. Intermittent lane closures on Monster Road SW at the 600 block for construction work. Questions may be directed to Tom Main, 206-999-1833 ✓ Monday, July 15 through Friday, July 19, 8:00 a.m. - 3:00 p.m. Intermittent lane closures on Rainier Avenue South between 2nd Street and NW 3rd Place for construction work. Questions may be directed to Joe Nerlfi, 425-757-9657. ✓ Monday, July 15 through Friday, July 19, 8:00 a.m. - 3:00 p.m. Intermittent lane closure on NE Sunset Blvd between Edmonds Avenue NE and Kirkland Avenue NE for construction work. Questions may be directed to Brad Stocco, 425-282-2373. ✓ Monday, July 15 through Friday, July 19, 8:00 a.m. - 3:00 p.m. Shifting lane closures both east and west on NE Sunset Blvd between Redmond Place NE to Union Avenue NE for utility installation and frontage improvements. Questions may be directed to Brad Stocco, 425-282-2373. ✓ Tuesday, July 16 through Wednesday, July 17, 7:00 a.m. - 4:30 p.m. Wastewater Maintenance will be doing road repairs on Shattuck Avenue South between AGENDA ITEM #3. a) Ed Prince, Council President Members of Renton City Council Page 2 of 2 July 15, 2024 South 2nd Street and South 3rd Street, weather permitting. Traffic control setup will be utilized and road will be open for emergency vehicles from South 3rd Street and South 2nd street. ✓ 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 #5. a) CITY OF RENTON MINUTES - City Council Regular Meeting 7:00 PM - Monday, July 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: Councilmembers Absent: 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 Mclrvin, Council Position No. 4 Ruth Perez, Council Position No. 6 Kim-Khanh Van, Council Position No. 7 ADMINISTRATIVE STAFF PRESENT Armondo Pavone, Mayor Kristi Rowland, Deputy Chief Administrative Officer Patrice Kent, Senior Assistant City Attorney Jason Seth, City Clerk Maryjane Van Cleeve, Parks & Recreation Department Administrator Young Yoon, IT Director Nate Malone, Budgeting & Accounting Manager Commander Chad Karlewicz, Police Department Attended Remotely: Judith Subia, Chief of Staff Kim Gilman, Interim Human Resources / Risk Management Administrator Martin Pastucha, Public Works Administrator Ron Straka, Public Works Utility Systems Director Melissa McCain, Deputy City Clerk July 8, 2024 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #5. a) PROCLAMATION Parks & Recreation Month - July 2024: A proclamation by Mayor Pavone was read declaring July 2024 as Parks & Recreation Month in the City of Renton and encouraging all residents to join in this special observance. Parks & Recreation Administrator MJ Van Cleave accepted the proclamation with appreciation. MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. SPECIAL PRESENTATIONS AWC Certificate of Municipal Leadership - Councilmember Alberson, Jr.: Council President Ed Prince presented the Association of Washington Cities (AWC) Certificate of Municipal Leadership to fellow Councilmember James Alberson, Jr. Nishiwaki, Japan Sister City Delegation Introduction: Kristi Rowland introduced the following distinguished members of the delegation from Renton's Sister City Nishiwaki, Japan: • Shozo Katayama, Mayor • Kazuhiro Endo, Superintendent of Education • Naomichi Nakano, Secretary Mayor Katayama, Mayor of Nishiwaki, stated that this was his third visit to Renton. He noted that the Middle School Student Exchange Program was recently restarted after being inactive due to COVID-19, and that he has recommended a similar program be initiated for high school students. Finally, he encouraged everyone to visit Nishiwaki next year. Mayor Katayama's remarks were translated by Renton Equity Commissioner, Ms. Manami Imoaka. ADMINISTRATIVE REPORT Deputy CAO Kristi Rowland 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: The Equity Commission will meet on Tuesday, July 9, 2024, at 5:30 p.m. in the Council Chambers. The agenda includes a review of the Human Resources and Risk Management Department's Inclusion Tactical Plan. The Washington State Department of Ecology's Final Water Quality Funding Offer List and Intended Use Plan for State Fiscal Year 2025 includes $297,500 in Water Quality Grant Funding for the Lind Avenue SW Storm System Improvement Project. The purpose of this project is to reduce flood risk along SW 43rd Street by increasing the conveyance capacity of the storm system through the installation of a new trunkline that extends along Lind Avenue SW to Springbrook Creek. The grant funds will be utilized to design stormwater runoff treatment units along the project corridor to reduce pollutant discharge into Springbrook Creek. 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. July 8, 2024 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #5, a) 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 July 1, 2024. Council Concur. b) AB - 3616 Finance Department recommended setting a public hearing date of July 22, 2024 to solicit public input on the preliminary development of the 2025-2026 Biennial Budget. Council Concur; Set Public Hearing on 07/22/2024. c) AB - 3617 Police Department recommended execution of an agreement with the Association of Washington Cities (AWC), to accept grant funds in the amount of $185,000, for the reimbursement of Project Be Free for co -response contract costs. Refer to Finance Committee. d) AB - 3618 Police Department recommended approval of an agreement with Project Be Free, in the amount of $185,000, for co -response services on domestic violence calls with the Renton police department. Refer to Finance Committee. e) AB - 3613 Public Works Utility Systems Division recommended execution of an agreement with Herrera Environmental Consultants, in the amount of $329,257, for work associated with the preparation of the Springbrook Creek Restoration Action Plan. Refer to Utilities Committee. MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA AS PUBLISHED 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 $26,225,999.30 for vouchers 10843-10852, 417338- 417343, 417346-417347, 417349-417622; payroll benefit withholding vouchers 7432- 7443, 417623-417630 and 6 wire transfers. 2. Payroll —total payment of $2,144,218.27 for payroll vouchers that include 748 direct deposits and 61 checks. (6/1/24 to 6/15/24 pay period). MOVED BY O'HALLORAN, SECONDED BY PEREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. b) Finance Committee: Chair O'Halloran presented a report recommending concurrence in the staff recommendation to authorize the Mayor and City Clerk to execute the lease addendum with Amazing Grace Lutheran Church at 200 Mill for 1-year, effective June 30, 2024, to June 30, 2025. The city will receive an estimated annualized lease revenue of $406,375.56 for this 1-year extension. MOVED BY O'HALLORAN, SECONDED BY PEREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. July 8, 2024 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #5. a) c) Finance Committee: Chair O'Halloran presented a report recommending concurrence in the staff recommendation to approve the adjustment to customer account 064753-005 (KW Bristol at Southport), in the amount of $4,125.51 for excess consumption caused by a qualified water line leak, in accordance with RMC 8-5-23. MOVED BY O'HALLORAN, SECONDED BY PEREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. d) Finance Committee: Chair O'Halloran presented a report recommending concurrence in the staff recommendation to approve the adjustment to customer account 048243-000 (Sunset Garden Apts, LLC), in the amount of $2,993.26 for excess consumption caused by a qualified water line leak, in accordance with RMC 8-5-23. MOVED BY O'HALLORAN, SECONDED BY PEREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. e) Finance Committee: Chair O'Halloran presented a report recommending concurrence in the staff recommendation to: 1. Approve the budget amendment and adopt the ordinance amending the 2023/2024 biennial budget to increase revenues by $1,601,362 for an amended total revenue of $793,962,907 over the biennium and increase expenditures by $2,269,058 for total amended expenditures of $1,021,051,149 over the biennium, and 2. Approve the resolution amending the 2023/2024 Fee Schedule. MOVED BY O'HALLORAN, SECONDED BY PEREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. f) Finance Committee: Chair O'Halloran presented a report recommending to authorize the Mayor and City Clerk to execute Change Order No. 19 to CAG-22-163 with Pivetta Brother's Construction, Inc. for the Rainier Ave S Corridor Improvements - Phase 4 Project. MOVED BY O'HALLORAN, SECONDED BY PEREZ, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. g) Finance Committee: Chair O'Halloran presented a report recommending to designate the Mayor or Mayor's designee as the Authorized PWS Representative to sign the Public Water System Settlement Phase One Claims Forms for the Aqueous Film -Forming Foam (AFFF) Products Liability Litigation (MDL 2873) with 3M and DuPont and any future liability litigation claims related to PFAS with other parties. The Committee further authorize the Mayor or Mayor's designee to sign all other agreements and required paperwork necessary to complete the AFFF Products Liability Litigation claims process and future claims process related to PFAS with other parties. MOVED BY O'HALLORAN, SECONDED BY PEREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. h) Planning & Development Committee: Chair Perez presented a report recommending concurrence to the staff recommendation to adopt the resolution approving the 2025 South King County Housing and Homelessness Partners (SKHHP) Work Plan and Operating Budget. The Committee further recommends that this resolution be presented for adoption at tonight's Council meeting. MOVED BY PEREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. July 8, 2024 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #5. a) LEGISLATION Resolutions: a) Resolution No. 4531: A Resolution of the City of Renton, Washington, approving the South King Housing and Homelessness Partners 2025 Work Plan and 2025 Operating Budget. MOVED BY PEREZ, SECONDED BY ALBERSON, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. b) Resolution No. 4532: A Resolution of the City of Renton, Washington amending the 2023/2024 City of Renton Fee Schedule. MOVED BY O'HALLORAN, SECONDED BY PEREZ, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. Ordinance for first reading: c) Ordinance No. 6137: 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, 6124, and 6134 by Increasing Budgeted Revenues and Expenditures by $1,601,362 and $2,269,058, Respectively; Providing for Severability; and Establishing an Effective Date. MOVED BY O'HALLORAN, SECONDED BY PEREZ, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. 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: 7:30 PM Jason A. Seth, MMC, City Clerk Jason Seth, Recorder 08 J u 12024 July 8, 2024 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #5. a) Council Committee Meeting Calendar July 8, 2024 r\SY 0-- 'PFNT0 July 15, 2024 Monday 4:00 p.m. Utilities Committee, Chair Van Location: Council Conference Room/Videoconference 1. Agreement with Herrera Environmental Consultants for the Preparation of the Springbrook Creek Restoration Action Plan 2. Emerging Issues in Utilities • Kennydale Lake Line Project Update 4:45 p.m. Public Safety Committee, Chair Rivera Location: Council Conference Room/Videoconference 1. Hiring and Recruitment Update 2. Chiefs Community Council Update 3. Project Be Free Co -Response Services Program Update 4. RRFA Briefing 5. Emerging Issues in Public Safety CANCELED Transportation Committee, Chair Mclrvin 5:45 p.m. Committee of the Whole, Chair Prince Location: Council Chambers/Videoconference 1. Labor Standards Discussion 7:00 p.m. Council Meeting Location: Council Chambers/Videoconference AGENDA ITEM #5. b) AB - 3622 SUBJECT/TITLE: Participation in Settlement with Opioid Distributor Kroger RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Finance Department STAFF CONTACT: Sean Hollingsworth, Senior Finance Analyst EXT.: 6953 The total settlement is estimated to be $182,000 in addition to the funds that have already been allocated to the city through the previously approved settlements. The local government share is payment of $23.75 million over 11 years, provided the same amount of city and county participation as previous settlements. The City of Renton's share of this is 0.765%. 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 $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. One June 28th, 2024, Washington State signed an agreement with Kroger for $47.5 million of which $23.75 million will be allocated out to participating local cities and counties over 11 years. City of Renton's share of this is 0.765%. We are seeking authority to enter into future agreements due to the timing of these agreements. The Kroger settlement was received with only a one week turnaround to get approval before signatures were due to the state. A. Issue Paper B. Distributor Settlement Agreement C. Participation Form - Kroger Staff recommends authorizing the Mayor to sign the Participation From and Allocation Agreement which will include Renton in the final settlement agreement with Kroger; and recommends giving the Mayor authority to sign any future opioid litigation settlement agreements with additional litigants and any other related forms, as necessary to participate in and acquire future settlement funds pursuant to the One Washington MOU, which was approved by the council on September 12, 2022. A GEND I #5. b) Finance Department Memorandum DATE: July 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: Kroger Opioid Distributor Settlement Agreement ISSUE Should the city participate in the state-wide Kroger Opioid Distributor Settlement Agreement to receive an estimated $182,000 over 11 years in additional opioid abatement settlement funds in relation to the One Washington MOU? BACKGROUND On October V, 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 $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. One June 28th, 2024, Washington State signed an agreement with Kroger for $47.5 million of which $23.75 million will be allocated out to participating local cities and counties over 11 years. RECOMMENDED ACTION Staff recommends Council authorize the adoption and participation in the state-wide Kroger Opioid Distributor Settlement Agreement to receive additional opioid settlement funds related to the Washington State MOU. AGENDA ITEM #5. b) WASHINGTON STATE ALLOCATION AGREEMENT GOVERNING THE ALLOCATION OF OPIOID SETTLEMENT FUNDS PAID BY KROGER JUNE 28, 2024 This Washington State Allocation Agreement Governing the Allocation of Opioid Settlement Funds Paid by Kroger (the "Allocation Agreement III") governs the distribution of funds obtained from the Kroger Co. ("Kroger") in connection with the resolution of any and all claims by the State of Washington and the counties, cities, and towns in Washington State ("Local Governments") against Kroger via the Kroger Settlement Agreement dated March 22, 2024 ("Settlement"). The Settlement can be accessed at https://nationalopioidsettlement.com/. The terms and definitions of the Settlement are incorporated into this Allocation Agreement III, and any undefined terms in this Allocation Agreement III are as defined in the Settlement. This Allocation Agreement III is intended to be a State -Subdivision Agreement as defined in the Settlement. This Allocation Agreement III shall be interpreted to be consistent with the requirements of a State -Subdivision Agreement in the Settlement. 2. This Allocation Agreement III shall become effective only if all of the following occur: A. The State of Washington joins the Settlement and becomes a Settling State as provided for in the Settlement. B. The Settlement becomes final and effective and a Consent Judgment is filed and approved as provided for in the Settlement. C. The number of Local Governments that execute and return this Allocation Agreement III satisfies the participation requirements for a State - Subdivision Agreement as specified in the Settlement. Requirements to become a Participating Local Government. To become a Participating Local Government that can participate in this Allocation Agreement III, a Local Government must do all of the following: A. The Local Government must execute and return this Allocation Agreement III. B. The Local Government must release its claims against Kroger identified in the Settlement and agree to be bound by the terms of the Settlement by timely executing and returning the Participation Form, which is Exhibit K of the Settlement. C. Litigating Subdivisions, also referred to as Litigating Local Governments, must dismiss Kroger with prejudice from their lawsuits. AGENDA ITEM #5. b) D. Each of the Local Governments that is eligible to participate in this Allocation Agreement III has previously executed and signed the One Washington Memorandum of Understanding Between Washington Municipalities ("MOU") agreed to by the Participating Local Governments in Washington State, which is attached hereto as Exhibit 1. By executing this Allocation Agreement III, the local government agrees and affirms that the MOU applies to and shall govern the Local Government Share as modified by this Allocation Agreement III for the Settlement. A Local Government that meets all of the conditions in this paragraph shall be deemed a "Participating Local Government." 4. This Allocation Agreement III applies to the State of Washington's allocation of the (1) Adjusted State Remediation Payment and (2) Additional Remediation Amount, which collectively shall be referred to as the "Washington Abatement Amount." As specified in the Settlement, the Washington Abatement Amount will vary dependent on the percentage of Participating Local Governments and whether there are any Later Litigating Subdivisions. This Allocation Agreement III does not apply to the State Cost Fund, State AG Fees and Costs, or any attorneys' fees, fees, costs, or expenses referred to in the Settlement or that are paid directly or indirectly via the Settlement to the State of Washington ("State's Fees and Costs"). 6. This Allocation Agreement III and the MOU are a State Back -Stop Agreement. Kroger is paying a portion of the Local Governments' attorneys' fees and costs as provided for in the Settlement. The total contingent fees an attorney receives from the Contingency Fee Fund in the Settlement, the MOU, and this Allocation Agreement III combined cannot exceed 15% of the portion of the LG Share paid to the Litigating Local Government that retained that firm to litigate against the Settling Entities (i.e., if City X filed suit with outside counsel on a contingency fee contract and City X receives $1,000,000 from the Settlement, then the maximum that the firm can receive is $150,000 for fees as to the Kroger Settlement.) 7. No portion of the State's Fees and Costs and/or the State Share as defined in Paragraphs 5 and 9 of this Allocation Agreement III shall be used to fund the Government Fee Fund ("GFF") referred to in Paragraph 11 of this Allocation Agreement III and Section D of the MOU, or in any other way to fund any Participating Local Government's attorneys' fees, costs, or common benefit tax. 8. The Washington Abatement Amount shall and must be used by the State and Participating Local Governments for future Opioid Remediation as defined in the Settlement, except as allowed by the Settlement. 2 AGENDA ITEM #5. b) 9. The State and the Participating Local Governments agree to divide the Washington Abatement Amount as follows: A. Fifty percent (50%) to the State of Washington ("State Share"). B. Fifty percent (50%) to the Participating Local Governments ("LG Share") 10. The LG Share shall be distributed to Participating Local Governments pursuant to the MOU as amended and modified in this Allocation Agreement III. 11. For purposes of this Allocation Agreement III only, the MOU is modified as follows and any contrary provisions in the MOU are struck: A. Exhibit A of the MOU is replaced by Exhibit E of the Settlement. B. The definition of "Litigating Local Governments" in Section A.4 of the MOU shall mean Litigating Subdivisions as defined in the Settlement and shall also include any local government that notified Judge Polster in Case No. 1:17-and-02804-DAP of its intent to sue Kroger in 2023 after the release of updated ARCOS data. C. The definition of "National Settlement Agreement" in Section A.6 of the MOU shall mean the Settlement. D. The definition of "Settlement" in Section A.14 of the MOU shall mean the Settlement. E. The MOU is amended to add new Section C.4.g.vIII, which provides as follows: "If a Participating Local Government receiving a direct payment (a) uses Opioid Funds other than as provided for in the Settlement, (b) does not comply with conditions for receiving direct payments under the MOU, or (c) does not promptly submit necessary reporting and compliance information to its Regional Opioid Abatement Counsel ("Regional OAC") as defined at Section C.4.h of the MOU, then the Regional OAC may suspend direct payments to the Participating Local Government after notice, an opportunity to cure, and sufficient due process. If direct payments to Participating Local Government are suspended, the payments shall be treated as if the Participating Local Government is foregoing their allocation of Opioid Funds pursuant to Section C.4.d and C.4.j.IIIi of the MOU. In the event of a suspension, the Regional OAC shall give prompt notice to the suspended Participating Local Government and the Settlement Fund Administrator specifying the reasons for the suspension, the process for reinstatement, the factors that will be considered for reinstatement, and the due process that will be provided. A suspended Participating Local AGENDA ITEM #5. b) Government may apply to the Regional OAC to be reinstated for direct payments no earlier than five years after the date of suspension." F. The amounts payable to each law firm representing a Litigating Local Government from the GFF shall be consistent with the MOU and the process set forth in the Order Appointing the Fee Panel to Allocate and Disburse Attorney's Fees Provided for in State Back -Stop Agreements, Case No. 1:17-and-02804-DAP Doc #: 4543 (June 17, 2022). All amounts that the City of Seattle has contributed to the GFF shall be returned to the City of Seattle by the Settlement Administrator rather than paid to Hagens Berman Sobol Shapiro LLP. G. The GFF set forth in the MOU shall be funded by the LG Share of the Washington Abatement Amount only. To the extent the common benefit tax is not already payable by the Settling Entities as contemplated by Section D.8 of the MOU, the GFF shall be used to pay Litigating Local Government contingency fee agreements and any common benefit tax referred to in Section D of the MOU, which shall be paid on a pro rata basis to eligible law firms as determined by the GFF Administrator. H. To fund the GFF, fifteen percent (15%) of the LG Share shall be deposited in the GFF from each LG Share settlement payment until the Litigating Subdivisions' contingency fee agreements and common benefit tax (if any) referred to in Section D of the MOU are satisfied. Under no circumstances will any Primary Subdivision or Litigating Local Government be required to contribute to the GFF more than 15% of the portion of the LG Share allocated to such Primary Subdivision or Litigating Local Government. In addition, under no circumstances will any portion of the LG Share allocated to a Litigating Local Government be used to pay the contingency fees or litigation expenses of counsel for some other Litigating Local Government. The maximum amount of any Litigating Local Government contingency fee agreement (from the Contingency Fee Fund of the Settlement) payable to a law firm permitted for compensation shall be fifteen percent (15%) of the portion of the LG Share paid to the Litigating Local Government that retained that firm (i.e., if City X filed suit with outside counsel on a contingency fee contract and City X receives $1,000,000 from the Settlement, then the maximum that the firm can receive is $150,000 for fees.) The firms also shall be paid documented expenses due under their contingency fee agreements that have been paid by the law firm attributable to that Litigating Local Government. Consistent with Agreement on Attorneys' Fees, Costs, and Expenses, which is Exhibit R of the Settlement, amounts due to Participating Litigating Subdivisions' attorneys under this Allocation Agreement III shall not impact (i) costs paid by the subdivisions to their attorneys pursuant to a State Back -Stop 0 AGENDA ITEM #5. b) agreement, (ii) fees paid to subdivision attorneys from the Common Benefit Fund for common benefit work performed by the attorneys pursuant to Exhibit R of the Settlement, or (iii) costs paid to subdivision attorneys from the MDL Expense Fund for expenses incurred by the attorneys pursuant to the Settlement. J. Under no circumstances may counsel receive more for its work on behalf of a Litigating Local Government than it would under its contingency agreement with that Litigating Local Government. To the extent a law firm was retained by a Litigating Local Government on a contingency fee agreement that provides for compensation at a rate that is less than fifteen percent (15%) of that Litigating Local Government's recovery, the maximum amount payable to that law firm referred to in Section D.3 of the MOU shall be the percentage set forth in that contingency fee agreement. K. For the avoidance of doubt, both payments from the GFF and the payment to the Participating Litigating Local Governments' attorneys from the Contingency Fee Fund in the Settlement shall be included when calculating whether the aforementioned fifteen percent (15%) maximum percentage (or less if the provisions of Paragraph 10.J of this Allocation Agreement III apply) of any Litigating Local Government contingency fee agreement referred to above has been met. L. To the extent there are any excess funds in the GFF, the Settlement Administrator shall facilitate the return of those funds to the Participating Local Governments as provided for in Section D.6 of the MOU. 12. In connection with the execution and administration of this Allocation Agreement III, the State and the Participating Local Governments agree to abide by the Public Records Act, RCW 42.56 et seq. 13. All Participating Local Governments, Regional OACs, and the State shall maintain all non -transitory records related to this Allocation Agreement III as well as the receipt and expenditure of the funds from the Settlement for no less than five (5) years. 14. If any party to this Allocation Agreement III believes that a Participating Local Government, Regional OAC, the State, an entity, or individual involved in the receipt, distribution, or administration of the funds from the Settlement has violated any applicable ethics codes or rules, a complaint shall be lodged with the appropriate forum for handling such matters, with a copy of the complaint promptly sent to the Washington Attorney General, Complex Litigation Division, Division Chief, 800 Fifth Avenue, Suite 2000, Seattle, Washington 98104. 15. To the extent (i) a region utilizes a pre-existing regional body to establish its Opioid Abatement Council pursuant to the Section 4.h of the MOU, and (III) that AGENDA ITEM #5. b) pre-existing regional body is subject to the requirements of the Community Behavioral Health Services Act, RCW 71.24 et seq., the State and the Participating Local Governments agree that the Opioid Funds paid by Kroger is subject to the requirements of the MOU and this Allocation Agreement III. 16. Upon request by Kroger, the Participating Local Governments must comply with the Tax Cooperation and Reporting provisions of the Settlement. 17. Venue for any legal action related to this Allocation Agreement III (separate and apart from the MOU or the Settlement) shall be in King County, Washington. 18. Each party represents that all procedures necessary to authorize such party's execution of this Allocation Agreement III have been performed and that such person signing for such party has been authorized to execute this Allocation Agreement III. 501 FOR THE STATE OF WASHINGTON: ROBERT W. FERGUSON Attorney General Date: '� 01 7 AGENDA ITEM #5. b) FOR THE PARTICIPATING LOCAL GOVERNMENT: Name of Participating Local Government: Authorized signature: Name: Title: Date: AGENDA ITEM #5. b) EXHIBIT I One Washington Memorandum of Understanding Between Washington Municipalities AGENDA ITEM #5. b) ONE WASHINGTON MEMORANDUM OF UNDERSTANDING BETWEEN WASHINGTON MUNICIPALITIES Whereas, the people of the State of Washington and its communities have been harmed by entities within the Pharmaceutical Supply Chain who manufacture, distribute, and dispense prescription opioids; Whereas, certain Local Governments, through their elected representatives and counsel, are engaged in litigation seeking to hold these entities within the Pharmaceutical Supply Chain of prescription opioids accountable for the damage they have caused to the Local Governments; Whereas, Local Governments and elected officials share a common desire to abate and alleviate the impacts of harms caused by these entities within the Pharmaceutical Supply Chain throughout the State of Washington, and strive to ensure that principals of equity and equitable service delivery are factors considered in the allocation and use of Opioid Funds; and Whereas, certain Local Governments engaged in litigation and the other cities and counties in Washington desire to agree on a form of allocation for Opioid Funds they receive from entities within the Pharmaceutical Supply Chain. Now therefore, the Local Governments enter into this Memorandum of Understanding ("MOU") relating to the allocation and use of the proceeds of Settlements described. A. Definitions As used in this MOU: 1. "Allocation Regions" are the same geographic areas as the existing nine (9) Washington State Accountable Community of Health (ACH) Regions and have the purpose described in Section C below. 2. "Approved Purpose(s)" shall mean the strategies specified and set forth in the Opioid Abatement Strategies attached as Exhibit A. 3. "Effective Date" shall mean the date on which a court of competent jurisdiction enters the first Settlement by order or consent decree. The Parties anticipate that more than one Settlement will be administered according to the terms of this MOU, but that the first entered Settlement will trigger allocation of Opioid Funds in accordance with Section B herein, and the formation of the Opioid Abatement Councils in Section C. 4. "Litigating Local Government(s)" shall mean Local Governments that filed suit against any Pharmaceutical Supply Chain Participant pertaining to the Opioid epidemic prior to September 1, 2020. AGENDA ITEM #5. b) 5. "Local Government(s)" shall mean all counties, cities, and towns within the geographic boundaries of the State of Washington. 6. "National Settlement Agreements" means the national opioid settlement agreements dated July 21, 2021 involving Johnson & Johnson, and distributors AmerisourceBergen, Cardinal Health and McKesson as well as their subsidiaries, affiliates, officers, and directors named in the National Settlement Agreements, including all amendments thereto. 7. "Opioid Funds" shall mean monetary amounts obtained through a Settlement as defined in this MOU. 8. "Opioid Abatement Council" shall have the meaning described in Section C below. 9. "Participating Local Government(s)" shall mean all counties, cities, and towns within the geographic boundaries of the State that have chosen to sign on to this MOU. The Participating Local Governments may be referred to separately in this MOU as "Participating Counties" and "Participating Cities and Towns" (or "Participating Cities or Towns," as appropriate) or "Parties." 10. "Pharmaceutical Supply Chain" shall mean the process and channels through which controlled substances are manufactured, marketed, promoted, distributed, and/or dispensed, including prescription opioids. 11. "Pharmaceutical Supply Chain Participant" shall mean any entity that engages in or has engaged in the manufacture, marketing, promotion, distribution, and/or dispensing of a prescription opioid, including any entity that has assisted in any of the above. 12. "Qualified Settlement Fund Account," or "QSF Account," shall mean an account set up as a qualified settlement fund, 468b fund, as authorized by Treasury Regulations 1.46813-1(c) (26 CFR §1.468B-1). 13. "Regional Agreements" shall mean the understanding reached by the Participating Local Counties and Cities within an Allocation Region governing the allocation, management, distribution of Opioid Funds within that Allocation Region. 14. "Settlement" shall mean the future negotiated resolution of legal or equitable claims against a Pharmaceutical Supply Chain Participant when that resolution has been jointly entered into by the Participating Local Governments. "Settlement" expressly does not include a plan of reorganization confirmed under Title 11 of the United States Code, irrespective of the extent to which Participating Local Governments vote in favor of or otherwise support such plan of reorganization. AGENDA ITEM #5. b) 15. "Trustee" shall mean an independent trustee who shall be responsible for the ministerial task of releasing Opioid Funds from a QSF account to Participating Local Governments as authorized herein and accounting for all payments into or out of the trust. 16. The "Washington State Accountable Communities of Health" or "ACH" shall mean the nine (9) regions described in Section C below. B. Allocation of Settlement Proceeds for Approved Purposes 1. All Opioid Funds shall be held in a QSF and distributed by the Trustee, for the benefit of the Participating Local Governments, only in a manner consistent with this MOU. Distribution of Opioid Funds will be subject to the mechanisms for auditing and reporting set forth below to provide public accountability and transparency. 2. All Opioid Funds, regardless of allocation, shall be utilized pursuant to Approved Purposes as defined herein and set forth in Exhibit A. Compliance with this requirement shall be verified through reporting, as set out in this MOU. 3. The division of Opioid Funds shall first be allocated to Participating Counties based on the methodology utilized for the Negotiation Class in In Re: National Prescription Opiate Litigation, United States District Court for the Northern District of Ohio, Case No. 1:17-and-02804-DAP. The allocation model uses three equally weighted factors: (1) the amount of opioids shipped to the county; (2) the number of opioid deaths that occurred in that county; and (3) the number of people who suffer opioid use disorder in that county. The allocation percentages that result from application of this methodology are set forth in the "County Total" line item in Exhibit B. In the event any county does not participate in this MOU, that county's percentage share shall be reallocated proportionally amongst the Participating Counties by applying this same methodology to only the Participating Counties. 4. Allocation and distribution of Opioid Funds within each Participating County will be based on regional agreements as described in Section C. C. Regional Agreements 1. For the purpose of this MOU, the regional structure for decision - making related to opioid fund allocation will be based upon the nine (9) pre- defined Washington State Accountable Community of Health Regions (Allocation Regions). Reference to these pre -defined regions is solely for the purpose of AGENDA ITEM #5. b) drawing geographic boundaries to facilitate regional agreements for use of Opioid Funds. The Allocation Regions are as follows: • King County (Single County Region) • Pierce County (Single County Region) • Olympic Community of Health Region (Clallam, Jefferson, and Kitsap Counties) • Cascade Pacific Action Alliance Region (Cowlitz, Grays Harbor, Lewis, Mason, Pacific, Thurston, and Wahkiakum Counties) • North Sound Region (Island, San Juan, Skagit, Snohomish, and Whatcom Counties) • SouthWest Region (Clark, Klickitat, and Skamania Counties) • Greater Columbia Region (Asotin, Benton, Columbia, Franklin, Garfield, Kittitas, Walla Walla, Whitman, and Yakima Counties) • Spokane Region (Adams, Ferry, Lincoln, Pend Oreille, Spokane, and Stevens Counties) • North Central Region (Chelan, Douglas, Grant, and Okanogan Counties) 2. Opioid Funds will be allocated, distributed and managed within each Allocation Region, as determined by its Regional Agreement as set forth below. If an Allocation Region does not have a Regional Agreement enumerated in this MOU, and does not subsequently adopt a Regional Agreement per Section C.5, the default mechanism for allocation, distribution and management of Opioid Funds described in Section C.4.a will apply. Each Allocation Region must have an OAC whose composition and responsibilities shall be defined by Regional Agreement or as set forth in Section C.4. King County's Regional Agreement is reflected in Exhibit C to this MOU. 4. All other Allocation Regions that have not specified a Regional Agreement for allocating, distributing and managing Opioid Funds, will apply the following default methodology: a. Opioid Funds shall be allocated within each Allocation Region by taking the allocation for a Participating County from Exhibit B and apportioning those funds between that Participating County and its Participating Cities and Towns. Exhibit B also sets forth the allocation to the Participating Counties and the Participating Cities or Towns within the Counties based on a default allocation formula. As set forth above in Section B.3, to determine the allocation to a county, this formula utilizes: (1) the amount of opioids shipped to the county; (2) the number of opioid deaths that occurred in that county; and (3) the number of people who suffer opioid use disorder in that county. To determine the allocation within a county, the formula utilizes historical federal data showing how the specific Counties and the Cities and Towns within the Counties have 4 AGENDA ITEM #5. b) made opioids epidemic -related expenditures in the past. This is the same methodology used in the National Settlement Agreements for county and intra-county allocations. A Participating County, and the Cities and Towns within it may enter into a separate intra-county allocation agreement to modify how the Opioid Funds are allocated amongst themselves, provided the modification is in writing and agreed to by all Participating Local Governments in the County. Such an agreement shall not modify any of the other terms or requirements of this MOU. b. 10% of the Opioid Funds received by the Region will be reserved, on an annual basis, for administrative costs related to the OAC. The OAC will provide an annual accounting for actual costs and any reserved funds that exceed actual costs will be reallocated to Participating Local Governments within the Region. C. Cities and towns with a population of less than 10,000 shall be excluded from the allocation, with the exception of cities and towns that are Litigating Participating Local Governments. The portion of the Opioid Funds that would have been allocated to a city or town with a population of less than 10,000 that is not a Litigating Participating Local Government shall be redistributed to Participating Counties in the manner directed in CA.a above. d. Each Participating County, City, or Town may elect to have its share re -allocated to the OAC in which it is located. The OAC will then utilize this share for the benefit of Participating Local Governments within that Allocation Region, consistent with the Approved Purposes set forth in Exhibit A. A Participating Local Government's election to forego its allocation of Opioid Funds shall apply to all future allocations unless the Participating Local Government notifies its respective OAC otherwise. If a Participating Local Government elects to forego its allocation of the Opioid Funds, the Participating Local Government shall be excused from the reporting requirements set forth in this Agreement. e. Participating Local Governments that receive a direct payment maintain full discretion over the use and distribution of their allocation of Opioid Funds, provided the Opioid Funds are used solely for Approved Purposes. Reasonable administrative costs for a Participating Local Government to administer its allocation of Opioid Funds shall not exceed actual costs or 10% of the Participating Local Government's allocation of Opioid Funds, whichever is less. f. A Local Government that chooses not to become a Participating Local Government will not receive a direct allocation of Opioid Funds. The portion of the Opioid Funds that would have been allocated to a Local Government that is not a Participating Local Government shall be AGENDA ITEM #5. b) redistributed to Participating Counties in the manner directed in C.4.a above. g. As a condition of receiving a direct payment, each Participating Local Government that receives a direct payment agrees to undertake the following actions: i. Developing a methodology for obtaining proposals for use of Opioid Funds. ii. Ensuring there is opportunity for community -based input on priorities for Opioid Fund programs and services. iii. Receiving and reviewing proposals for use of Opioid Funds for Approved Purposes. iv. Approving or denying proposals for use of Opioid Funds for Approved Purposes. V. Receiving funds from the Trustee for approved proposals and distributing the Opioid Funds to the recipient. vi. Reporting to the OAC and making publicly available all decisions on Opioid Fund allocation applications, distributions and expenditures. h. Prior to any distribution of Opioid Funds within the Allocation Region, The Participating Local Governments must establish an Opioid Abatement Council (OAC) to oversee Opioid Fund allocation, distribution, expenditures and dispute resolution. The OAC may be a preexisting regional body or may be a new body created for purposes of executing the obligations of this MOU. i. The OAC for each Allocation Region shall be composed of representation from both Participating Counties and Participating Towns or Cities within the Region. The method of selecting members, and the terms for which they will serve will be determined by the Allocation Region's Participating Local Governments. All persons who serve on the OAC must have work or educational experience pertaining to one or more Approved Uses. j. The Regional OAC will be responsible for the following actions: i. Overseeing distribution of Opioid Funds from Participating Local Governments to programs and services within the Allocation Region for Approved Purposes. AGENDA ITEM #5. b) ii. Annual review of expenditure reports from Participating Local Jurisdictions within the Allocation Region for compliance with Approved Purposes and the terms of this MOU and any Settlement. iii. In the case where Participating Local Governments chose to forego their allocation of Opioid Funds: (i) Approving or denying proposals by Participating Local Governments or community groups to the OAC for use of Opioid Funds within the Allocation Region. (ii) Directing the Trustee to distribute Opioid Funds for use by Participating Local Governments or community groups whose proposals are approved by the OAC. (iii) Administrating and maintaining records of all OAC decisions and distributions of Opioid Funds. iv. Reporting and making publicly available all decisions on Opioid Fund allocation applications, distributions and expenditures by the OAC or directly by Participating Local Governments. V. Developing and maintaining a centralized public dashboard or other repository for the publication of expenditure data from any Participating Local Government that receives Opioid Funds, and for expenditures by the OAC in that Allocation Region, which it shall update at least annually. vi. If necessary, requiring and collecting additional outcome - related data from Participating Local Governments to evaluate the use of Opioid Funds, and all Participating Local Governments shall comply with such requirements. vii. Hearing complaints by Participating Local Governments within the Allocation Region regarding alleged failure to (1) use Opioid Funds for Approved Purposes or (2) comply with reporting requirements. 5. Participating Local Governments may agree and elect to share, pool, or collaborate with their respective allocation of Opioid Funds in any manner they choose by adopting a Regional Agreement, so long as such sharing, pooling, or collaboration is used for Approved Purposes and complies with the terms of this MOU and any Settlement. AGENDA ITEM #5. b) 6. Nothing in this MOU should alter or change any Participating Local Government's rights to pursue its own claim. Rather, the intent of this MOU is to join all parties who wish to be Participating Local Governments to agree upon an allocation formula for any Opioid Funds from any future binding Settlement with one or more Pharmaceutical Supply Chain Participants for all Local Governments in the State of Washington. 7. If any Participating Local Government disputes the amount it receives from its allocation of Opioid Funds, the Participating Local Government shall alert its respective OAC within sixty (60) days of discovering the information underlying the dispute. Failure to alert its OAC within this time frame shall not constitute a waiver of the Participating Local Government's right to seek recoupment of any deficiency in its allocation of Opioid Funds. 8. If any OAC concludes that a Participating Local Government's expenditure of its allocation of Opioid Funds did not comply with the Approved Purposes listed in Exhibit A, or the terms of this MOU, or that the Participating Local Government otherwise misused its allocation of Opioid Funds, the OAC may take remedial action against the alleged offending Participating Local Government. Such remedial action is left to the discretion of the OAC and may include withholding future Opioid Funds owed to the offending Participating Local Government or requiring the offending Participating Local Government to reimburse improperly expended Opioid Funds back to the OAC to be re -allocated to the remaining Participating Local Governments within that Region. 9. All Participating Local Governments and OAC shall maintain all records related to the receipt and expenditure of Opioid Funds for no less than five (5) years and shall make such records available for review by any other Participating Local Government or OAC, or the public. Records requested by the public shall be produced in accordance with Washington's Public Records Act RCW 42.56.001 et seq. Records requested by another Participating Local Government or an OAC shall be produced within twenty-one (21) days of the date the record request was received. This requirement does not supplant any Participating Local Government or OAC's obligations under Washington's Public Records Act RCW 42.56.001 et seq. D. Payment of Counsel and Litigation Expenses 1. The Litigating Local Governments have incurred attorneys' fees and litigation expenses relating to their prosecution of claims against the Pharmaceutical Supply Chain Participants, and this prosecution has inured to the benefit of all Participating Local Governments. Accordingly, a Washington H. AGENDA ITEM #5. b) Government Fee Fund ("GFF") shall be established that ensures that all Parties that receive Opioid Funds contribute to the payment of fees and expenses incurred to prosecute the claims against the Pharmaceutical Supply Chain Participants, regardless of whether they are litigating or non -litigating entities. 2. The amount of the GFF shall be based as follows: the funds to be deposited in the GFF shall be equal to 15% of the total cash value of the Opioid Funds. 3. The maximum percentage of any contingency fee agreement permitted for compensation shall be 15% of the portion of the Opioid Funds allocated to the Litigating Local Government that is a party to the contingency fee agreement, plus expenses attributable to that Litigating Local Government. Under no circumstances may counsel collect more for its work on behalf of a Litigating Local Government than it would under its contingency agreement with that Litigating Local Government. 4. Payments from the GFF shall be overseen by a committee (the "Opioid Fee and Expense Committee") consisting of one representative of the following law firms: (a) Keller Rohrback L.LP.; (b) Hagens Berman Sobol Shapiro LLP; (c) Goldfarb & Huck Roth Rioj as, PLLC; and (d) Napoli Shkolnik PLLC. The role of the Opioid Fee and Expense Committee shall be limited to ensuring that the GFF is administered in accordance with this Section. 5. In the event that settling Pharmaceutical Supply Chain Participants do not pay the fees and expenses of the Participating Local Governments directly at the time settlement is achieved, payments to counsel for Participating Local Governments shall be made from the GFF over not more than three years, with 50% paid within 12 months of the date of Settlement and 25% paid in each subsequent year, or at the time the total Settlement amount is paid to the Trustee by the Defendants, whichever is sooner. 6. Any funds remaining in the GFF in excess of. (i) the amounts needed to cover Litigating Local Governments' private counsel's representation agreements, and (ii) the amounts needed to cover the common benefit tax discussed in Section C.8 below (if not paid directly by the Defendants in connection with future settlement(s), shall revert to the Participating Local Governments pro rata according to the percentages set forth in Exhibits B, to be used for Approved Purposes as set forth herein and in Exhibit A. 7. In the event that funds in the GFF are not sufficient to pay all fees and expenses owed under this Section, payments to counsel for all Litigating Local Governments shall be reduced on a pro rata basis. The Litigating Local Governments will not be responsible for any of these reduced amounts. AGENDA ITEM #5. b) 8. The Parties anticipate that any Opioid Funds they receive will be subject to a common benefit "tax" imposed by the court in In Re: National Prescription Opiate Litigation, United States District Court for the Northern District of Ohio, Case No. 1:17-and-02804-DAP ("Common Benefit Tax"). If this occurs, the Participating Local Governments shall first seek to have the settling defendants pay the Common Benefit Tax. If the settling defendants do not agree to pay the Common Benefit Tax, then the Common Benefit Tax shall be paid from the Opioid Funds and by both litigating and non -litigating Local Governments. This payment shall occur prior to allocation and distribution of funds to the Participating Local Governments. In the event that GFF is not fully exhausted to pay the Litigating Local Governments' private counsel's representation agreements, excess funds in the GFF shall be applied to pay the Common Benefit Tax (if any). E. General Terms 1. If any Participating Local Government believes another Participating Local Government, not including the Regional Abatement Advisory Councils, violated the terms of this MOU, the alleging Participating Local Government may seek to enforce the terms of this MOU in the court in which any applicable Settlement(s) was entered, provided the alleging Participating Local Government first provides the alleged offending Participating Local Government notice of the alleged violation(s) and a reasonable opportunity to cure the alleged violation(s). In such an enforcement action, any alleging Participating Local Government or alleged offending Participating Local Government may be represented by their respective public entity in accordance with Washington law. 2. Nothing in this MOU shall be interpreted to waive the right of any Participating Local Government to seek judicial relief for conduct occurring outside the scope of this MOU that violates any Washington law. In such an action, the alleged offending Participating Local Government, including the Regional Abatement Advisory Councils, may be represented by their respective public entities in accordance with Washington law. In the event of a conflict, any Participating Local Government, including the Regional Abatement Advisory Councils and its Members, may seek outside representation to defend itself against such an action. 3. Venue for any legal action related to this MOU shall be in the court in which the Participating Local Government is located or in accordance with the court rules on venue in that jurisdiction. This provision is not intended to expand the court rules on venue. 4. This MOU may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The Participating Local Governments approve the use of electronic signatures for execution of this MOU. All use of electronic signatures 10 AGENDA ITEM #5. b) shall be governed by the Uniform Electronic Transactions Act. The Parties agree not to deny the legal effect or enforceability of the MOU solely because it is in electronic form or because an electronic record was used in its formation. The Participating Local Government agree not to object to the admissibility of the MOU in the form of an electronic record, or a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 5. Each Participating Local Government represents that all procedures necessary to authorize such Participating Local Government's execution of this MOU have been performed and that the person signing for such Parry has been authorized to execute the MOU. [Remainder of Page Intentionally Left Blank — Signature Pages Follow] 11 AGENDA ITEM #5, b) This One Washington Memorandum of Understanding Between Washington Municipalities is signed this day of , 2022 by: Name & Title On behalf of 4894-0031-1574, v. 2 12 AGENDA ITEM #5. b) EXHIBIT A AGENDA ITEM #5. b) OPIOID ABATEMENT STRATEGIES PART ONE: TREATMENT A. TREAT OPIOID USE DISORDER (OUD Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions, co -usage, and/or co -addiction through evidence -based, evidence -informed, or promising programs or strategies that may include, but are not limited to, the following: I . Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction, including all forms of Medication -Assisted Treatment (MAT) approved by the U.S. Food and Drug Administration. 2. Support and reimburse services that include the full American Society of Addiction Medicine (ASAM) continuum of care for OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction, including but not limited to: a. Medication -Assisted Treatment (MAT); b. Abstinence -based treatment; c. Treatment, recovery, or other services provided by states, subdivisions, community health centers; non -for -profit providers; or for -profit providers; d. Treatment by providers that focus on OUD treatment as well as treatment by providers that offer OUD treatment along with treatment for other SUD/MH conditions, co -usage, and/or co -addiction; or e. Evidence -informed residential services programs, as noted below. 3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services. 4. Improve oversight of Opioid Treatment Programs (OTPs) to assure evidence -based, evidence -informed, or promising practices such as adequate methadone dosing. 5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction and for persons who have experienced an opioid overdose. 6. Support treatment of mental health trauma resulting from the traumatic experiences of the opioid user (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose 1 AGENDA ITEM #5. b) or overdose fatality), and training of health care personnel to identify and address such trauma. 7. Support detoxification (detox) and withdrawal management services for persons with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction, including medical detox, referral to treatment, or connections to other services or supports. 8. Support training on MAT for health care providers, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community -based providers in rural or underserved areas. 9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction. 10. Provide fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments. 11. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (DATA 2000) to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver. 12. Support the dissemination of web -based training curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service-Opioids web - based training curriculum and motivational interviewing. 13. Support the development and dissemination of new curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service for Medication -Assisted Treatment. B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY Support people in treatment for and recovery from OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction through evidence -based, evidence -informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Provide the full continuum of care of recovery services for OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction, including supportive housing, residential treatment, medical detox services, peer support services and counseling, community navigators, case management, and connections to community -based services. 2. Provide counseling, peer -support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction. 2 AGENDA ITEM #5. b) 3. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction, including supportive housing, recovery housing, housing assistance programs, or training for housing providers. 4. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions, co - usage, and/or co -addiction. 5. Support or expand peer -recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction. 6. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions, co -usage, and/or co - addiction. 7. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high -quality programs to help those in recovery. 8. Engage non -profits, faith -based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to manage the opioid user in the family. 9. Provide training and development of procedures for government staff to appropriately interact and provide social and other services to current and recovering opioid users, including reducing stigma. 10. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment. C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED (CONNECTIONS TO CARE) Provide connections to care for people who have — or are at risk of developing — OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction through evidence - based, evidence -informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment. 2. Support Screening, Brief Intervention and Referral to Treatment (SBIRT) programs to reduce the transition from use to disorders. 3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common. 3 AGENDA ITEM #5. b) 4. Purchase automated versions of SBIRT and support ongoing costs of the technology. 5. Support training for emergency room personnel treating opioid overdose patients on post -discharge planning, including community referrals for MAT, recovery case management or support services. 6. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction, or persons who have experienced an opioid overdose, into community treatment or recovery services through a bridge clinic or similar approach. 7. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions, co - usage, and/or co -addiction or persons that have experienced an opioid overdose. 8. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid-related adverse event. 9. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co- occurring SUD/MH conditions, co -usage, and/or co -addiction or to persons who have experienced an opioid overdose. 10. Provide funding for peer navigators, recovery coaches, care coordinators, or care managers that offer assistance to persons with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction or to persons who have experienced on opioid overdose. 11. Create or support school -based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people. 12. Develop and support best practices on addressing OUD in the workplace. 13. Support assistance programs for health care providers with OUD. 14. Engage non -profits and the faith community as a system to support outreach for treatment. 15. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction. 16. Create or support intake and call centers to facilitate education and access to treatment, prevention, and recovery services for persons with OUD and any co- occurring SUD/MH conditions, co -usage, and/or co -addiction. 0 AGENDA ITEM #5. b) 17. Develop or support a National Treatment Availability Clearinghouse — a multistate/nationally accessible database whereby health care providers can list locations for currently available in -patient and out -patient OUD treatment services that are accessible on a real-time basis by persons who seek treatment. D. ADDRESS THE NEEDS OF CRIMINAL -JUSTICE -INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions, co - usage, and/or co -addiction who are involved — or are at risk of becoming involved — in the criminal justice system through evidence -based, evidence -informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Support pre -arrest or post -arrest diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction, including established strategies such as: a. Self -referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (PAARI); b. Active outreach strategies such as the Drug Abuse Response Team (DART) model; c. "Naloxone Plus" strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services; d. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (LEAD) model; e. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; f. Co -responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise and to reduce perceived barriers associated with law enforcement 911 responses; or g. County prosecution diversion programs, including diversion officer salary, only for counties with a population of 50,000 or less. Any diversion services in matters involving opioids must include drug testing, monitoring, or treatment. 2. Support pre-trial services that connect individuals with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction to evidence -informed treatment, including MAT, and related services. 3. Support treatment and recovery courts for persons with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction, but only if these courts provide referrals to evidence -informed treatment, including MAT. 5 AGENDA ITEM #5. b) 4. Provide evidence -informed treatment, including MAT, recovery support, or other appropriate services to individuals with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction who are incarcerated in jail or prison. 5. Provide evidence -informed treatment, including MAT, recovery support, or other appropriate services to individuals with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction who are leaving jail or prison have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities. 6. Support critical time interventions (CTI), particularly for individuals living with dual - diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings. 7. Provide training on best practices for addressing the needs of criminal -justice - involved persons with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, case management, or other services offered in connection with any of the strategies described in this section. E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE SYNDROME Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction, and the needs of their families, including babies with neonatal abstinence syndrome, through evidence -based, evidence -informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Support evidence -based, evidence -informed, or promising treatment, including MAT, recovery services and supports, and prevention services for pregnant women — or women who could become pregnant — who have OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome. 2. Provide training for obstetricians or other healthcare personnel that work with pregnant women and their families regarding treatment of OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction. 3. Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with Neonatal Abstinence Syndrome get referred to appropriate services and receive a plan of safe care. 4. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma -informed behavioral health treatment for adverse childhood events. 2 AGENDA ITEM #5. b) 5. Offer enhanced family supports and home -based wrap -around services to persons with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction, including but not limited to parent skills training. 6. Support for Children's Services — Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use. PART TWO: PREVENTION F. PREVENT OVER -PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING AND DISPENSING OF OPIOIDS Support efforts to prevent over -prescribing and ensure appropriate prescribing and dispensing of opioids through evidence -based, evidence -informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids. 2. Academic counter -detailing to educate prescribers on appropriate opioid prescribing. 3. Continuing Medical Education (CME) on appropriate prescribing of opioids. 4. Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi -modal, evidence -informed treatment of pain. 5. Support enhancements or improvements to Prescription Drug Monitoring Programs (PDMPs), including but not limited to improvements that: a. Increase the number of prescribers using PDMPs; b. Improve point -of -care decision -making by increasing the quantity, quality, or format of data available to prescribers using PDMPs or by improving the interface that prescribers use to access PDMP data, or both; or c. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD. 6. Development and implementation of a national PDMP — Fund development of a multistate/national PDMP that permits information sharing while providing appropriate safeguards on sharing of private health information, including but not limited to: a. Integration of PDMP data with electronic health records, overdose episodes, and decision support tools for health care providers relating to OUD. 7 AGENDA ITEM #5. b) b. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation's Emergency Medical Technician overdose database. 7. Increase electronic prescribing to prevent diversion or forgery. 8. Educate Dispensers on appropriate opioid dispensing. G. PREVENT MISUSE OF OPIOIDS Support efforts to discourage or prevent misuse of opioids through evidence -based, evidence - informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Corrective advertising or affirmative public education campaigns based on evidence. 2. Public education relating to drug disposal. 3. Drug take -back disposal or destruction programs. 4. Fund community anti -drug coalitions that engage in drug prevention efforts. 5. Support community coalitions in implementing evidence -informed prevention, such as reduced social access and physical access, stigma reduction — including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence -informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA). 6. Engage non -profits and faith -based communities as systems to support prevention. 7. Support evidence -informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent - teacher and student associations, and others. 8. School -based or youth -focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. 9. Support community -based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction. 10. Support evidence -informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills. 11. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses or other school staff, to AGENDA ITEM #5. b) address mental health needs in young people that (when not properly addressed) increase the risk of opioid or other drug misuse. H. PREVENT OVERDOSE DEATHS AND OTHER HARMS Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence -based, evidence -informed, or promising programs or strategies that may include, but are not limited to, the following: 1. Increase availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, opioid users, families and friends of opioid users, schools, community navigators and outreach workers, drug offenders upon release from jail/prison, or other members of the general public. 2. Provision by public health entities of free naloxone to anyone in the community, including but not limited to provision of intra-nasal naloxone in settings where other options are not available or allowed. 3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, and other members of the general public. 4. Enable school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support. 5. Expand, improve, or develop data tracking software and applications for overdoses/naloxone revivals. 6. Public education relating to emergency responses to overdoses. 7. Public education relating to immunity and Good Samaritan laws. 8. Educate first responders regarding the existence and operation of immunity and Good Samaritan laws. 9. Expand access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. 10. Support mobile units that offer or provide referrals to treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction. 11. Provide training in treatment and recovery strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co- occurring SUD/MH conditions, co -usage, and/or co -addiction. 12. Support screening for fentanyl in routine clinical toxicology testing. 0 AGENDA ITEM #5. b) PART THREE: OTHER STRATEGIES I. FIRST RESPONDERS In addition to items C8, D1 through D7, H1, H3, and H8, support the following: 1. Current and future law enforcement expenditures relating to the opioid epidemic. 2. Educate law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. J. LEADERSHIP, PLANNING AND COORDINATION Support efforts to provide leadership, planning, and coordination to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Community regional planning to identify goals for reducing harms related to the opioid epidemic, to identify areas and populations with the greatest needs for treatment intervention services, or to support other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 2. A government dashboard to track key opioid-related indicators and supports as identified through collaborative community processes. 3. Invest in infrastructure or staffing at government or not -for -profit agencies to support collaborative, cross -system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, co -usage, and/or co -addiction, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 4. Provide resources to staff government oversight and management of opioid abatement programs. K. TRAINING In addition to the training referred to in various items above, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not -for -profit entities to abate the opioid crisis. 2. Invest in infrastructure and staffing for collaborative cross -system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co- occurring SUD/MH conditions, co -usage, and/or co -addiction, or implement other 10 AGENDA ITEM #5. b) strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs, etc.). L. RESEARCH Support opioid abatement research that may include, but is not limited to, the following: 1. Monitoring, surveillance, and evaluation of programs and strategies described in this opioid abatement strategy list. 2. Research non-opioid treatment of chronic pain. 3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders. 4. Research on innovative supply-side enforcement efforts such as improved detection of mail -based delivery of synthetic opioids. 5. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g. Hawaii HOPE and Dakota 24/7). 6. Research on expanded modalities such as prescription methadone that can expand access to MAT. 11 AGENDA ITEM #5. b) Local County Government % Allocation Adams County Adams County 0.1638732475% Hatton Lind Othello Ritzville Washtucna County Total: 0.1638732475% Asotin County Asotin County 0.4694498386% Asotin Clarkston County Total: 0.4694498386% Benton County Benton County 1.4848831892% Benton City Kennewick 0.5415650564% Prosser Richland 0.4756779517% West Richland 0.0459360490% County Total: 2.5480622463% Chelan County Chelan County 0.7434914485% Chelan _ Entiat _ Leavenworth Wenatchee 0.2968333494% County Total: 1.0403247979% Clallam Count Clallam County 1.3076983401% Forks Port Angeles 0.4598370527% Sequim County Total: 1.7675353928% *** - Local Government appears in multiple counties B-1 EXHIBIT B Local County Government % Allocation Clark County Clark County 4.5149775326% Battle Ground 0.1384729857% Camas 0.2691592724% La Center Ridgefield Vancouver 1.7306605325% Washougal 0.1279328220% Woodland*** Yacolt County Total: 6.7812031452% Columbia County Columbia County 0.0561699537% Dayton Starbuck County Total: 0.0561699537% Cowlitz County Cowlitz County 1.7226945990% Castle Rock Kalama Kelso 0.1331145270% Longview 0.6162736905% Woodland*** County Total: 2.4720828165% Douglas County Douglas County 0.3932175175% Bridgeport Coulee Dam*** East Wenatchee 0.0799810865% Mansfield Rock Island Waterville _ County Total: 0.4731986040% Ferry County Ferry County 0.1153487994% Republic County Total: 0.1153487994% AGENDA ITEM #5. b) *** - Local Government appears in multiple counties B-2 AGENDA ITEM #5. b) Local County Government Franklin County Franklin County Connell Kahlotus Mesa Pasco % Allocation 0.3361237144% 0.4278056066% County Total: 0.7639293210% Garfield County Garfield County 0.0321982209% Pomeroy County Total: 0.0321982209% Grant County Grant County 0.9932572167% Coulee City Coulee Dam*** Electric City Ephrata George Grand Coulee Hartline Krupp Mattawa Moses Lake 0.2078293909% Quincy Royal City Soap Lake Warden Wilson Creek County Total: 1.2010866076% *** - Local Government appears in multiple counties B-3 EXHIBIT B AGENDA ITEM #5. b) County Local Government % Allocation a Grays Harbor County Grays Harbor County 0.9992429138% Aberdeen 0.2491525333 % Cosmopolis Elma Hoquiam McCleary Montesano Oakville _Ocean Shores Westport County Total: 1.2483954471% Island County Island County 0.6820422610% Coupeville Langley Oak Harbor 0.2511550431% County Total: 0.9331973041% Jefferson County Jefferson County 0.4417137380% Port Townsend County Total: 0.4417137380% *** - Local Government appears in multiple counties B-4 EXHIBIT B Local County Government % Allocation King County Algona Auburn*** 0.2622774917% Beaux Arts Village Bellevue 1.1300592573 Black Diamond Bothell*** 0.1821602716% Burien 0.0270962921% Carnation Clyde Hill Covington 0.0118134406% Des Moines 0.1179764526% Duvall Enumclaw*** 0.0537768326% Federal Way 0.3061452240% Hunts Point Issaquah 0.1876240107% Kenmore 0.0204441024% Kent 0.5377397676% Kirkland 0.5453525246% Lake Forest Park 0.0525439124% Maple Valley 0.0093761587% Medina Mercer Island 0.1751797481% Milton*** Newcastle 0.0033117880% Normandy Park North Bend Pacific*** Redmond 0.4839486007% Renton 0.7652626920% Sammamish 0.0224369090% SeaTac 0.1481551278% Seattle 6.6032403816% Shoreline 0.0435834501% Skykomish Snoqualmie 0.0649164481% Tukwila Woodinville Yarrow Point 0.3032205739% 0.0185516364% County Total: 26.0505653608% *** - Local Government appears in multiple counties B-5 AGENDA ITEM #5. b) AGENDA ITEM #5. b) Local County Government % Allocation Kitsap County Kitsap County 2.6294133668% Bainbridge Island 0.1364686014% Bremerton 0.6193374389% Port Orchard 0.1009497162% Poulsbo 0.0773748246% County Total: 3.5635439479% Kittitas County Kittitas County 0.3855704683% Cie Elum Ellensburg 0.0955824915% Kittitas Roslyn South Cie Elum County Total: 0.4811529598% Klickitat County Kiickitat County 0.2211673457% Bingen Goldendale White Salmon _ County Total: 0.2211673457% Lewis County Lewis County 1.0777377479% Centralia 0.1909990353% Chehalis Morton Mossyrock Napavine Pe Ell _ Toledo Vader _ Winlock County Total: 1.2687367832% *** - Local Government appears in multiple counties B-6 EXHIBIT B AGENDA ITEM #5. b) Local County Government % Allocation Lincoln Count Lincoln County 0.1712669645% Almira Creston Davenport Harrington Odessa Reardan Sprague Wilbur County Total: 0.1712669645% Mason County Mason County 0.8089918012% Shelton 0.1239179888% County Total: 0.9329097900% Okanogan County Okanogan County 0.6145043345% Brewster Conconully Coulee Dam*** Elmer City Nespelem Okanogan Omak Oroville _ _ Pateros Riverside _ Tonasket _ Twisp _ _ Winthrop County Total: 0.6145043345% Pacific County Pacific County 0.4895416466% Ilwaco Long Beach Raymond South Bend County Total: 0.4895416466% *** - Local Government appears in multiple counties B-7 EXHIBIT B AGENDA ITEM #5. b) Local County Government % Allocation Pend Oreille County Pend Oreille County 0.2566374940% Cusick lone Metaline Metaline Falls Newport County Total: 0.2566374940% Pierce County Pierce County 7.2310164020% Auburn*** 0.0628522112% Bonney Lake 0.1190773864% Buckley Carbonado DuPont Eatonville Edgewood 0.0048016791% Enumclaw*** 0.0000000000% Fife 0.1955185481% Fircrest Gig Harbor 0.0859963345% Lakewood 0.5253640894% Milton*** Orting Pacific*** Puyallup 0.3845704814% Roy Ruston South Prairie Steilacoom Sumner 0.1083157569% Tacoma 3.2816374617% University Place 0.0353733363% Wilkeson County Total: 12.0345236870% San Juan County San Juan County 0.2101495171% Friday Harbor County Total: 0.2101495171% *** - Local Government appears in multiple counties B-8 AGENDA ITEM #5. b) Local County Government % Allocation Skagit County Skagit County 1.0526023961% Anacortes 0.1774962906% Burlington 0.1146861661% Concrete Hamilton La Conner Lyman Mount Vernon 0.2801063665% Sedro-Woolley 0.0661146351% County Total: 1.6910058544% Skamania County Skamania County 0.1631931925% North Bonneville Stevenson County Total: 0.1631931925% Snohomish County Snohomish County 6.9054415622% Arlington 0.2620524080% Bothell*** 0.2654558588% Brier Darrington Edmonds 0.3058936009% Everett 1.9258363241% Gold Bar Granite Falls Index Lake Stevens 0.1385202891% Lynnwood 0.7704629214% Marysville 0.3945067827% Mill Creek 0.1227939546% Monroe 0.1771621898% Mountlake Terrace 0.2108935805% Mukilteo 0.2561790702% Snohomish 0.0861097964% Stanwood Sultan Woodway _ County Total: 11.8213083387% *** - Local Government appears in multiple counties B-9 EXHIBIT B AGENDA ITEM #5. b) Local County Government % Allocation Spokane County Spokane County 5.5623859292% Airway Heights Cheney 0.1238454349% Deer Park Fairfield Latah Liberty Lake 0.0389636519% Medical Lake Millwood Rockford Spangle Spokane 3.0872078287% Spokane Valley 0.0684217500% Waverly County Total: 8.8808245947% Stevens Count Stevens County 0.7479240179% Chewelah Colville Kettle Falls Marcus Northport Springdale County Total: 0.7479240179% Thurston Count Thurston County 2.3258492094% Bucoda Lacey 0.2348627221% Olympia 0.6039423385% Rainier Tenino Tumwater 0.2065982350% Yelm County Total: 3.3712525050% Wahkiakum County Wahkiakum County 0.0596582197% Cathlamet County Total: 0.0596582197% *** - Local Government appears in multiple counties B-10 AGENDA ITEM #5. b) Local County Government % Allocation Walla Walla County Walla Walla County 0.5543870294% College Place Prescott Waitsburg Walla Walla 0.3140768654% County Total: 0.8684638948% Whatcom County Whatcom County 1.3452637306% Bellingham 0.8978614577% Blaine Everson Ferndale 0.0646101891% Lynden 0.0827115612% Nooksack Sumas County Total: 2.3904469386% Whitman County Whitman County 0.2626805837% Albion Colfax Colton Endicott Farmington Garfield LaCrosse Lamont Malden Oakesdale Palouse Pullman 0.2214837491% Rosalia St. John Tekoa County Total: 0.4841643328% *** - Local Government appears in multiple counties B-11 AGENDA ITEM #5. b) Local County Government % Allocation Yakima County Yakima County 1.9388392959% Grandview 0.0530606109% Granger Harrah Mabton M oxee Naches Selah Sunnyside 0.1213478384% Tieton Toppenish Union Gap Wapato Yakima 0.6060410539% Zillah County Total: 2.7192887991% *** - Local Government appears in multiple counties B-12 AGENDA ITEM #5. b) Exhibit C AGENDA ITEM #5. b) KING COUNTY REGIONAL AGREEMENT King County intends to explore coordination with its cities and towns to facilitate a Regional Agreement for Opioid Fund allocation. Should some cities and towns choose not to participate in a Regional Agreement, this shall not preclude coordinated allocation for programs and services between the County and those cities and towns who elect to pursue a Regional Agreement. As contemplated in C.5 of the MOU, any Regional Agreement shall comply with the terms of the MOU and any Settlement. If no Regional Agreement is achieved, the default methodology for allocation in CA of the MOU shall apply. AGENDA ITEM #5. b) EXHIBIT K Subdivision Participation and Release Form Governmental Entity: State: Authorized Official: Address 1: Address 2: City, State, Zip: Phone: Email: The governmental entity identified above ("Governmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated March 22, 2024 ("Kroger Settlement"), and acting through the undersigned authorized official, hereby elects to participate in the Kroger Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1. The Governmental Entity is aware of and has reviewed the Kroger Settlement, understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form, the Governmental Entity elects to participate in the Kroger Settlement and become a Participating Subdivision as provided therein. 2. The Governmental Entity shall promptly, and in any event no later than 14 days after the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at https://nationalopioidsettlement.com/. 3. The Governmental Entity agrees to the terms of the Kroger Settlement pertaining to Participating Subdivisions as defined therein. 4. By agreeing to the terms of the Kroger 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 Kroger Settlement solely for the purposes provided therein. 6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's state where the Consent Judgment is filed for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in, the Kroger Settlement. The Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel K-1 AGENDA ITEM #5. b) as provided in, and for resolving disputes to the extent otherwise provided in, the Kroger Settlement. 7. The Governmental Entity has the right to enforce the Kroger Settlement as provided therein. 8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Kroger Settlement, including without limitation all provisions of Section XI (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Kroger 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 Kroger Settlement shall be a complete bar to any Released Claim. 9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Kroger Settlement. 10. In connection with the releases provided for in the Kroger 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 Kroger Settlement. K-2 AGENDA ITEM #5. b) 11. Nothing herein is intended to modify in any way the terms of the Kroger Settlement, to which Governmental Entity hereby agrees. To the extent this Participation and Release Form is interpreted differently from the Kroger Settlement in any respect, the Kroger Settlement controls. I have all necessary power and authorization to execute this Participation and Release Form on behalf of the Governmental Entity. Signature: Name: Title: Date: K-3 AGENDA ITEM #5. c) AB - 3620 SUBJECT/TITLE: Interlocal Agreement with the Renton School District for the 2024- 2025 School Resource Officer (SRO) Program RECOMMENDED ACTION: Refer to Public Safety Committee DEPARTMENT: Police Department STAFF CONTACT: Ryan Rutledge, Deputy Chief - Police EXT.: 7512 The Renton School District will compensate the City of Renton for a portion of the salary and benefits incurred for the assigned School Resource Officers on a monthly basis for the duration of the agreement. The RSD will pay the City $85,000 each school year, for each assigned SRO, prorated basis for those days the officers are actually at the school or on school business for the period of September 1st, 2024, through August 31st, 2025. Any overtime hours requested and authorized by either party to this agreement shall be paid by the party requesting and authorizing the additional overtime hours. If the RSD requests and authorizes the overtime hours, the RSD will be separately invoiced for the direct salary and related benefits for the overtime hours worked by the assigned SRO. The SRO program is built on establishing and cultivating strong, positive, trusting relationships between police, students, parents/guardians, district staff, and administration. The Renton Police Department values the SRO program and appreciates the partnership with the RSD. Update the School Resource Officer (SRO) Interlocal Agreement for the 2024-2025 school year. A. SRO Interlocal Agreement 2024-2025 Approve the 2024-2025 School Resource Officer (SRO) Interlocal Agreement AGENDA ITEM #5. c) 00� enton SCHOOL DISTRICT SERVICE I EXCELLENCE I EQUITY Finance and Operations DATE: June 14, 2024 TO: Dr. Damien Pattenaude, Superintendent FROM: Jennifer A. Farmer, Assistant Superintendent of Finance and Operatio RE: Interlocal Agreement City of Renton and Renton School District No. 403 FOR BOARD MEETING: June 26, 2024 (Consent Agenda) The District and the Renton Police Department (RPD) are committed to providing a safe school environment that promotes education and positive school resource officer (SRO) interactions with students. This is accomplished with a committed partnership among the school, student, staff, parents, police department, and neighbors to enhance the schools and the community. RPD and District staff have met to discuss the 2024-25 school year SRO agreement. As a result of improved staffing at RPD, the District will contract for one (1) SRO for each comprehensive high school. RPD has maintained the previous year's pricing in partnership to support our schools. The successor Agreement shall commence as of September 1, 2024, and shall terminate as of August 31, 2025. DISTRICT PRIORITIES: Removing Barriers & Supporting Students BUDGET IMPLICATION N/A Included in the proposed 2024-25 Budget RECOMMENDATION: Approve the Interlocal Agreement for The City of Renton and Renton School District for School Resource Officers, September 1, 2024 to August 31, 2025. Attachments: Interlocal Agreement for The City of Renton and Renton School District Service I Excellence I Equity 300 Southwest 7th Street, Renton, WA 98057-2307 / p.425.204.2361 / f.425.204.2456 AGENDA ITEM #5. c) INTERLOCAL AGREEMENT For SCHOOL RESOURCE OFFICER Between THE CITY OF RENTON and RENTON SCHOOL DISTRICT NO. 403 In Accordance with the Interlocal Cooperation Act (RCW 39.34), the City of Renton ("The City"), and Renton School District No. 403 ("The District"), each of which is a Washington Municipal Corporation, hereby enter into the following INTERLOCAL AGREEMENT: RECITALS WHEREAS: A. The District and the City desire to promote law enforcement and related services to Renton High School, Hazen High School, Lindbergh High School and other Renton District Schools within the City; B. A School Resource Officer Program has been proposed for District High Schools within the City as hereinafter described; C. The District and the City recognize the potential benefits of the School Resource Officer Program to the citizens of the City and particularly to the students and staff of the District High Schools within the City; and D. It is in the best interest of the citizens and residents of the District and the City to establish this program, NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. TERM of AGREEMENT and RENEWAL 1.1 This Agreement shall commence as of September 1, 2024, and shall terminate as of August 31, 2025. 1.2 This Agreement may be renewed by written agreement of both Parties. 1.3 The Agreement may be terminated by either party by ninety (90) days written statement of termination directed to the other party. Should the Agreement be terminated be either party, the District shall pay the City for services provided through the termination date, and the City will reimburse the District on a prorated basis for any payment previously made in advance of services provided by the City. AGENDA ITEM #5. c) II. SCHOOL RESOURCE OFFICER PROGRAM 2.1 A School Resource Officer Program has been established between the City of Renton Police Department ("Renton PD") and the District, with services provided to Renton District High Schools within the City of Renton. Said program shall continue for the term of this agreement. 2.2 Through the School Resource Officer Program, the District and the Renton PD have committed to providing a safe school environment that promotes education and SRO interaction with students in a positive caring manner. This is accomplished with a committed partnership among the school, student, staff, parents, police department, and neighbors to enhance the schools and the community. III. RIGHTS AND DUTIES OF THE RENTON PD 3.1 The Chief of the Renton PD ("the Chief') shall assign three (3) regularly employed police Officer as School Resource Officer ("SRO") to Renton School District with assignment at Renton High School, Hazen High School and Lindbergh High School in the City of Renton and will also provide additional services, as described herein, to other Renton District Schools located within the City of Renton. 3.2 Retain the authority and responsibility for training the School Resource Officer. By signing this agreement, the Renton Police Department confirms any School Resource Officer assigned to the Renton School District will, prior to serving in their capacity as a School Resource Officer, have received training sufficient to satisfy the mandate of RCW 28A.320.124(1). Completion of training on all mandated topics within 3 months of starting the position. The Chief shall annually provide verification that each assigned School Resource Officer has received the training described in this section. 3.3 The SRO shall be assigned to the District for a minimum of twenty-six (26) hours per week while school is in session. Additional time may be authorized by the department at the request of the school district not to exceed a total of forty-two (42) hours per week subject to department approval and provided the SRO's assistance is not required for other police activities away from the school. Absences from the school by the SRO during the school year for training or other Renton PD activities shall not exceed five (5) school days in duration at any one time. The Renton PD may temporarily reassign the SRO during school holidays and vacations, with advance notification to District. 3.4 The SRO shall also act as an instructor for specialized, short-term law enforcement related programs at the High Schools or other District schools within Renton when invited to do so by the principal or member of the faculty. 3.5 The SRO shall have the following additional duties and responsibilities: 3.5.1 When requested by the principal, the SRO shall attend parent/faculty meetings to solicit support and understanding of the program. 3.5.2 The SRO shall make him/herself available for conferences with students, parents and faculty members in order to assist them with problems of law enforcement or crime prevention in nature. 3.5.3 The SRO shall become familiar with all community agencies which offer assistance to youth and their families such as youth job placement assistance, mental health clinics, drug treatment centers, etc. The SRO shall make referrals to such agencies when necessary thereby acting as a resource person to the students, faculty, and staff of the school. 3.5.4 The SRO shall assist the principal and the District's Safety and Security Manager in developing plans and strategies to prevent and/or minimize dangerous situations that may result in student unrest. 3.5.5 The SRO shall assist and advise the District's Safety and Security Manager in planning and coordinating the AGENDA ITEM #5. c) work of the District and School Safety Officer who work under the supervision of the Safety and Security Manager. 3.5.6 The SRO shall comply with District policies and administrative procedures. Should it become necessary to conduct formal police interviews with a student, the SRO shall adhere to the Renton PD policies and legal requirements with regard to such interviews involving youth. 3.5.7 The SRO shall take law enforcement action as required, including but not limited to appropriate law enforcement action against intruders and unwanted guests who may appear at the school and related school activities. As soon as practicable, the SRO shall make the principal of the school aware of any law enforcement action. 3.5.8 The SRO shall give assistance to other police Officer in matters regarding his/her school assignment, whenever necessary. 3.5.9 The SRO shall patrol the assigned school and surrounding neighborhoods in order to identify, investigate, and prevent incidents involving weapons, violence, harassment, intimidation, and other law violations. The SRO may also be assigned investigations related to runaways, assaults, thefts, and truancy, provided such investigations relate to the students attending the school to which the SRO is assigned. The SRO may also be assigned or provide traffic enforcement duties at the schools and surrounding neighborhoods. Such duties may include school zone speed enforcement. 3.5.10 The SRO shall maintain detailed and accurate records of the operation of the School Resource Officer Program. 3.5.11 The SRO shall not act as a school disciplinarian, as disciplining students is a school responsibility. However, if the principal believes an incident is a violation of the law, the principal is expected to contact the SRO and the SRO shall then determine whether law enforcement action is appropriate. The SRO must understand when to informally interact with a student and when to enforce the law, their focus should be on keeping students out ofthe criminal justice system, when possible and should not to use to attempt to impose criminal sanctions that are more appropriately handled within the educational system. 3.5.12 The SRO shall not be used for regularly assigned duties such as lunchroom duty. If there is a problem area, the SRO may assist the school until the problem is solved. The SRO serves in a role to teach, informal counselor and law enforcement officer. 3.5.13 The SRO shall have a primary obligation to the City, not the School District. This contract and performance thereof by the City police Officer shall not create any special relationship with any person or duties to protect any specific persons from harm or injury including the party signing this contract. The law enforcement/peacekeeping duties to be performed pursuant to the contract are the same in extent and scope as those provided by police Officer to every member of the public. 3.5.14 Any exceptions to the above must be mutually agreed upon by the Chief of Police of the Renton PD, the School District, and the School Principal. 3.5.15 Per RCW 10.93.160, the SRO duties do not extend to immigration enforcement and the SRO will not inquire into or collect information about an individual's immigration or citizenship status, or place of birth. Neither will the SRO provide information pursuant to notification requests from federal immigration authorities for the purposes of civil immigration enforcement, except as required by law. IV. RIGHTS AND DUTIES OF THE DISTRICT 4.1 The District shall provide the SRO with the materials and facilities necessary to the performance of the SRO duties at the assigned High School. AGENDA ITEM #5, c) 4.2 The following materials and facilities are deemed necessary to the performance of the SRO's duties: 4.2.1 Access to a properly lighted private office with a telephone and online connection capabilities that may be used for general business purposes. 4.2.2 A location for files and records that can be properly locked and secured. 4.2.3 A desk with drawers, a chair, work table, filing cabinet, and officer supplies. 4.2.4 Access to a computer, and/or clerical assistance. V. FINANCING OF THE SCHOOL RESOURCE OFFICER 5.1 The District will compensate the City for a portion of the salary and benefits incurred for the assigned School Resource Officer on a monthly basis for the duration of the agreement. The District will pay the City $85,000 each school year, for each SRO assigned, on a prorated basis for those days the officer is actually at the school or on school business for the period beginning August 28, 2024 and ending the last day of school in June, 2025, and invoiced on a monthly basis. 5.2 Any overtime hours requested and authorized by either party to this Agreement shall be paid by the party requesting and authorizing the additional overtime hours. If the District requests and authorizes the overtime hours, the District will be separately invoiced for the direct salary and related benefits for the overtime hours worked by the assigned SRO. VI. EMPLOYMENT STATUS OF SCHOOL RESOURCE OFFICER The SRO shall be employees of the Renton PD and shall not be employees of the School District. The School District and the Chief acknowledge that the SRO shall remain under the direct supervision of the Renton PD. VII. APPOINTMENT OF SCHOOL RESOURCE OFFICER 7.1 The SRO must be a volunteer for the position with a minimum of three (3) years of law enforcement service or experience, unless the only available volunteers have lesser experience. 7.2 The appointment of the SRO shall be at the discretion of the Chief based upon: 7.2.1 A written application to the Chief that outlines his/her qualifications; and 7.2.2 Input from the Superintendent of Schools or his/her designee, and the District's Safety and Security Manager. 7.3 Additional criteria for consideration by the Chief shall include job knowledge, training, education, appearance, attitude, communication skills, and bearing. 7.4 Additional SROs may be assigned to the program by RentonPD during the period of this contract upon mutual written agreement between the RSD School Superintendent and the RPD Chief of Police. AGENDA ITEM #5. c) VIII. DISMISSAL OF SCHOOL RESOURCE OFFICER; REPLACEMENT 8.1 In the event the district determines that the SRO is not effectively performing his or her duties and responsibilities, the district shall state the reasons therefore in writing, and shall request a mediation process, as described herein, to resolve the issue(s) identified. If the Chief desires, the Superintendent and Chief, or their designees shall meet with the SRO to mediate or resolve the identified problems. At such meeting, specified school or district staff may be required to be present. If, within a reasonable amount of time after commencement of such mediation the problem cannot be resolved or mediated or in the event mediation is not sought by the chief, then the SRO shall be removed from the program and a replacement shall be obtained. 8.2 The Chief may dismiss or reassign the SRO based upon Renton PD rules, regulation, and/or policy and when it is in the best interest of the Parties, the students and the community members of the City of Renton. 8.3 In the event of the resignation, dismissal, or reassignment of the SRO, or in the case of long term absences by the SRO, the Chief shall attempt to provide a temporary replacement for the SRO within thirty (30) school days of such absence, dismissal, resignation, or reassignment. As soon as practicable, the chief shall appoint a permanent replacement for the SRO position. IX. LIABILITY Each party shall be responsible and liable for the consequences of any act or failure to act on the part of itself, its employees, and its agents. Each party shall be responsible for its own negligence; neither party shall indemnify nor hold the other party harmless. X. MISCELLANEOUS PROVISIONS 9.1 Effective Date. This Agreement shall be effective upon ratification by action of the governing body and execution by the chief Executive Officer of each of the Parties. 9.2 Amendment. This Agreement may be amended only upon consent of all Parties hereto. Any amendment hereto shall be in writing and shall be ratified and executed by the Parties in the same manner in which it was originally adopted. 9.3 Waiver. The waiver by any Party of any breach of any term, covenant, or condition of the Agreement shall not be deemed a waiver of any subsequent breach of the same term, covenant, or condition of this Agreement. 9.4 Severability. If any provision of the Agreement shall be held invalid, the remainder of this Agreement shall not be affected thereby. 9.5 Entire Agreement. This Agreement represents the entire understanding of the Parties and supersedes any oral representations that are inconsistent with or modify its terms and conditions. 9.6 Counterparts. This Agreement shall be effective whether signed by all Parties on the same document or whether signed in counterparts. 9.7 Notices. Except as otherwise provided in the Agreement, any notice required be provided under the terms of this Agreement shall be delivered by certified mail, return receipt requested, or by personal service to: AGENDA ITEM #5. c) Dr. Damien Pattenaude, Superintendent Renton School District No. 403 300 SW 7th Street Renton, WA 98057 Jon Schuldt, Chief of Police City of Renton Police Department 1055 South Grady Way Renton, WA 98057 EXECUTED and APPROVED by the Parties in identical counterparts of this Agreement, each of which shall be deemed an original hereof, on the dates set forth below. Dated this _ day of , 2024. CITY OF RENTON By: RENTON SCHOOL DISTRICT y: Armondo Pavone, Mayor Attest: amien Patten uperintendent, At the direction of the Renton School Board at and open public meeting held on: 2 ^ c;2— A 4 Jason A. Seth, CMC, City Clerk Approved as to Legal Form: Shane Moloney, City Attorney AGENDA ITEM #5. d) AB - 3615 SUBJECT/TITLE: Energy Efficiency Grant Contract with Department of Commerce for City of Renton Buildings RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works Facilities Division STAFF CONTACT: Jeff Minisci , Facilities Director EXT.: 425-430-6643 The city has been awarded a reimbursement grant totaling $267,626.00 from the Washington State Department of Commerce under the Energy Retrofits for Public Buildings, Energy Efficiency Program. Failure to approve this amendment will result in loss of grant funds in the amount of $267,626.00. The City of Renton was awarded an energy grant under the Energy Retrofits for Public Buildings program. The Department of Commerce sent the grant documents directly to the Mayor via DocuSign, bypassing the Council process. Staff noticed this mistake and are now requesting the Council to ratify the original agreement, which has already been executed, along with the time extension.The grant will fund a portion of the upgrades to optimize HVAC controls and provide new LED lighting for Renton City Hall, the Henry Moses Aquatic Center, City Shops, and Liberty Park. For further details, please refer to Exhibit A, which includes the Energy Efficiency Grant Contract.Additionally, an amendment extending the contract from the Department of Commerce allows for an 8-month extension to the grant to enable a full year of Monitoring and Verification post -construction completion. Please see Exhibit B for Amendment A. The Schedule for the energy grant start date is June 15, 2024, through June 15, 2026. The grant awarded was for$267,626.00. The funding source for this grant is from Department of Commerce Contract # 22-92601-008. A. Energy Efficiency Grant Contract Authorize the Mayor, and the City Clerk to execute the Energy Efficiency Grant Contract 22-92601-008 and the time extension amendment with the Washington State Department of Commerce in the amount of $267,626.00. The work performed under this energy grant and amendment includes all design services and construction necessary to complete the City's portion of the project, which focuses on optimizing HVAC controls and installing LED lighting for Renton City Hall, the Henry Moses Aquatic Center, City Shops, and Liberty Park. DocuSign Envelope ID: CA1370A8-0549-429E-9EFA-7422069CF01 F Exhibit A n AGENDA ITEM #5, d) CAG # 24-148 STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE • PO Box 42525 • Olympia, Washington 98504-2525 • 360-725-4000 www.commerce.wa.gov 02/16/2023 RENTON CITY OF Attn: Jeff Minisci, Facilities Director 1055 SOUTH GRADY WAY RENTON, WA 98057-3232 RE: Energy Efficiency Grant Contract 22-92601-008 Dear Jeff Minisci: Attached is the contract for a grant under the Energy Retrofits for Public Buildings, Energy Efficiency program. This contract details the terms and conditions that will govern the agreement between us. Please review the Special and General Terms and Conditions of the contract carefully. We recommend consulting with your legal advisor before accepting this offer. Please notify us when the contract has been reviewed and approved for signing. Commerce will route to you via DocuSign for electronic signature. If you would like additional reviewers who should read and initial besides yourself, please send a list of contacts and email addresses in order of review. After the contracts have been fully executed by Commerce, the executed contract, along with instructions for invoicing and reporting will be emailed to you. If a hard copy is preferred, please indicate so upon return of the signed contract. We encourage you to store all pertinent documents associated with this project and grant offer in a file that is readily accessible to auditors for their periodic review. A requirement of this program is that you must maintain updated project records as well as ensure current liability insurance documents are sent to Commerce annually. Plan to submit quarterly reports throughout the period of construction and notify us promptly of any expected significant change to the project timeline or scope. Please send a final statement describing the outcomes and the community impacts of your completed project. We look forward to working with you over the course of your successful project. If you have any questions about this contract, please contact us. Sincerely, Kristen Kalbrener Program Manager, Energy Efficiency Energy Division (360) 515-8112 energyretrofits @commerce.wa.Eov DocuSign Envelope ID: CA1370A8-0549-429E-9EFA-7422069CF01F AGENDA ITEM #5. d) Washington State ' . Department of Commerce Capital Agreement with RENTON, CITY OF through Energy Retrofits for Public Buildings Program Energy Efficiency 2022 Grant For City of Renton EE 2022 Upgrades — This project will optimize HVAC controls and provide new LED lighting for Renton City Hall, Henry Moses Aquatic Center, City shops, and Liberty Park. Start date: 02/21/2023 DocuSign Envelope ID: CA1370A8-0549-429E-9EFA-7422069CF01 F AGENDA ITEM #5, d) THIS PAGE INTENTIONALLY LEFT BLANK DocuSign Envelope ID: CA1370A8-0549-429E-9EFA-7422069CF01F AGENDA ITEM #5. d) TABLE OF CONTENTS FACESHEET.................................................................................................................. 1 DECLARATIONS............................................................................................................ 2 PROGRAM SPECIFIC TERMS AND CONDITIONS....................................................... 2 1. INSURANCE (Replaces Special Terms and Conditions 6)...................................... 2 2. SUBCONTRACTING (Replaces General Terms and Conditions 37) ...................... 3 3.2022 ENERGY EFFICIENCY GRANT REQUIREMENTS ....................................... 3 4. REPORTING REQUIREMENTS..............................................................................3 SPECIAL TERMS AND CONDITIONS............................................................................4 1. CONTRACT MANAGEMENT.................................................................................. 4 2. COMPENSATION....................................................................................................4 3. BILLING PROCEDURES AND PAYMENT..............................................................4 4. SUBCONTRACTOR DATA COLLECTION.............................................................. 5 5. HISTORICAL OR CULTURAL ARTIFACTS............................................................ 5 6. INSURANCE (Superseded by Program Specific Terms and Conditions 1)............. 6 7. FRAUD AND OTHER LOSS REPORTING............................................................. 7 8. ORDER OF PRECEDENCE.................................................................................... 7 GENERAL TERMS AND CONDITIONS.......................................................................... 8 1. DEFINITIONS.................................................................................................... 8 2. Allowable Costs.................................................................................................. 8 3. ALL WRITINGS CONTAINED HEREIN............................................................. 8 4. AMENDMENTS..................................................................................................8 5. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101- 336, also referred to as the "ADA" 28 CFR Part 35..................................................... 8 6. APPROVAL........................................................................................................9 7. ASSIGNMENT................................................................................................... 9 8. ATTORNEYS' FEES..........................................................................................9 9. CODE REQUIREMENTS...................................................................................9 10. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION ..............................9 11. CONFORMANCE.............................................................................................10 12. CONFLICT OF INTEREST............................................................................... 10 13. COPYRIGHT....................................................................................................10 14. DISALLOWED COSTS.................................................................................... 11 15. DISPUTES....................................................................................................... 11 Grant Number : 22-92601-008 Energy Retrofits for Public Buildings EE 2022 DocuSign Envelope ID: CA1370A8-0549-429E-9EFA-7422069CF01F AGENDA ITEM #5. d) 16. DUPLICATE PAYMENT................................................................................... 11 17. GOVERNING LAW AND VENUE..................................................................... 11 18. INDEMNIFICATION......................................................................................... 11 19. INDEPENDENT CAPACITY OF THE CONTRACTOR .................................... 12 20. INDUSTRIAL INSURANCE COVERAGE........................................................ 12 21. LAWS...............................................................................................................12 22. LICENSING, ACCREDITATION AND REGISTRATION .................................. 12 23. LIMITATION OF AUTHORITY......................................................................... 12 24. Local Public Transportation Coordination........................................................ 12 25. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS .............................. 13 26. PAY EQUITY.................................................................................................... 13 27. POLITICAL ACTIVITIES.................................................................................. 13 28. PREVAILING WAGE LAW............................................................................... 13 29. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION ............ 14 30. PUBLICITY.......................................................................................................14 31. RECAPTURE................................................................................................... 14 32. RECORDS MAINTENANCE............................................................................ 14 33. REGISTRATION WITH DEPARTMENT OF REVENUE .................................. 14 34. RIGHT OF INSPECTION................................................................................. 14 35. SAVINGS.........................................................................................................15 36. SEVERABILITY................................................................................................15 37. SUBCONTRACTING (This section superceded by Program Specific Terms and Conditions1.0).......................................................................................................... 15 38. SURVIVAL....................................................................................................... 15 39. TAXES............................................................................................................. 15 40. TERMINATION FOR CAUSE........................................................................... 15 41. TERMINATION FOR CONVENIENCE............................................................. 16 42. TERMINATION PROCEDURES...................................................................... 16 43. TREATMENT OF ASSETS.............................................................................. 17 44. WAIVER...........................................................................................................17 ATTACHMENT A — SCOPE OF WORK........................................................................ 18 ATTACHMENT B- BUDGET......................................................................................... 19 ATTACHMENT C — PROVISO...................................................................................... 20 ATTACHMENT D — SITE LIST...................................................................................... 21 Grant Number: 22-92601-008 Energy Retrofits for Public Buildings EE2022 DocuSign Envelope ID: CA1370A8-0549-429E-9EFA-7422069CF01 F AGENDA ITEM #5, d) Contract Number: 22-92601-008 FACE SHEET Washington State Department of Commerce Energy Division Energy Retrofits for Public Buildings Energy Efficiency 2022 1. Contractor 2. Contractor Doing Business As (optional) RENTON CITY OF N/A 1055 SOUTH GRADY WAY RENTON, WA 98057-3232 3. Contractor Representative 4. COMMERCE Representative Jeff Minisci Kristen Kalbrener PO Box 42525 Facilities Director Program Manager 98504-2525 Phone: (425) 430-6643 Phone: (360)515-8112 1011 Plum St. SE Email: jminisci(aD-rentonwa.gov energyretrofits(a-commerce.wa.aov Olympia, WA 98501 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $267,626.00 Federal: State: Other: N/A: 02/21 /2023 10/31 /2025 9. Federal Funds (as applicable) 10. Federal Agency CFDA Number: N/A N/A N/A 10. Tax ID # 11. SWV # 12. UBI # 13. UEI # XXXXXXXXXXXXXX SWV0012200-00 177000094 N/A 14. Contract Purpose Grant awarded under the Energy Retrofits for Public Buildings grant program, 2022 Energy Efficiency Grant for: City of Renton EE 2022 Upgrades This project will optimize HVAC controls and provide new LED lighting for Renton City Hall, Henry Moses Aquatic Center, City shops, and Liberty Park. Max percent from Commerce 25%. COMMERCE, defined as the Department of Commerce and Contractor acknowledge and accept the terms of this Contract and attachments and have executed this Contract on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Contract are governed by this Contract and the following other documents incorporated by reference: Contractor Terms and Conditions including Attachment "A" — Scope of Work Attachment "B" — Budget, Attachment "C" — Proviso, Attachment "D" — Site List FOR CONTRACTOR FOR COMMERCE Michael Furze, Assistant Director, Energy Division Date Armondo Pavone, Mayor of Renton Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL APPROVAL ON FILE Grant Number: 22-92601-008 Energy Retrofits for Public Buildings EE2022 DocuSign Envelope ID: CA1370A8-0549-429E-9EFA-7422069CF01 F AGENDA ITEM #5, d) DECLARATIONS The Washington State Department of Commerce (Commerce) has been appropriated state funds under Section 1065, Subsection 1 of the Enacted Substitute House Bill 1080, Capital Budget (Chapter 332, Laws of 2021), and under Section 1022 of the Enacted Substitute House Bill 1080, Capital Budget (Chapter 332, Laws of 2021), as well as Section 1023, Subsection 1 of the Enacted 2019-2021 Supplemental Capital Budget - Engrossed Substitute Senate Bill 6248 (Chapter 356, Laws of 2020) to provide grants to be awarded in competitive rounds to local governments, public higher education institutions, school districts, federally recognized tribal governments, and state agencies for operational cost savings improvements to facilities and related projects that result in energy and operational cost savings. GRANTEE INFORMATION Legal Name Contract Number Award Year State Wide Vendor Number PROJECT INFORMATION Number of Sites: Site Name: Site Address: Project City: Project County: Project Zip Code: GRANT INFORMATION Non -State Match Required: Maximum Percent from Commerce: Type of Match Accepted: Earliest Date for Reimbursement: Time of Performance RENTON CITY OF # 22-92601-008 2022 # SWV0012200-00 4 See Site List, Attachment D See Site List, Attachment D Renton King 98057 $802,878.00 25% Cash Execution Date or Agreed Upon Date Through one annual monitoring and verification report. PROGRAM SPECIFIC TERMS AND CONDITIONS GOVERNING THIS GRANT PROGRAM SPECIFIC TERMS AND CONDITIONS As identified herein, notwithstanding General Terms and Conditions Sections, the following Program Specific Terms and Conditions take precedence over any similarly referenced Special or General Terms and Conditions: 1. INSURANCE (REPLACES SPECIAL TERMS AND CONDITIONS 6) The Contractor shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the State should there be any claims, suits, actions, costs, damages or expenses arising from any loss, or negligent or intentional act or omission of the Contractor or Subcontractor, or agents of either, while performing under the terms of this contract. Failure to maintain the required insurance coverage may result in termination of this Contract. The insurance required shall be issued by an insurance company authorized to do business within the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the insurance shall name the state of Washington, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The Contractor shall instruct the insurers to give COMMERCE thirty (30) calendar days advance notice of any insurance cancellation, non -renewal or modification. The Contractor shall submit to COMMERCE within fifteen (15) calendar days of the Contract start date, a certificate of insurance which outlines the coverage and limits defined in this insurance section. During the term of the Contract, if required or requested, the Contractor shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. Grant Number: 22-92601-008 Energy Retrofits for Public Buildings EE2022 DocuSign Envelope ID: CA1370A8-0549-429E-9EFA-7422069CF01 F AGENDA ITEM #5, d) The Contractor shall provide, at COMMERCE's request, copies of insurance instruments or certifications from the insurance issuing agency. The copies or certifications shall show the insurance coverage, the designated beneficiary, who is covered, the amounts, the period of coverage, and that COMMERCE will be provided thirty (30) days advance written notice of cancellation. The Contractor shall provide insurance coverage that shall be maintained in full force and effect during the term of this Contract, as follows: Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of contract activity but no less than $1,000,000 per occurrence. Additionally, the Contractor is responsible for ensuring that any Subcontractors provide adequate insurance coverage for the activities arising out of subcontracts. 2. SUBCONTRACTING (REPLACES GENERAL TERMS AND CONDITIONS 37) The Grantee shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Grantee to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Grantee from subcontracting with a particular person or entity; or (c) require the Grantee to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Grantee is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Grantee shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Grantee to COMMERCE for any breach in the performance of the Grantee's duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 3.2022 ENERGY EFFICIENCY GRANT REQUIREMENTS Grantee agrees to comply with the requirements and follow the guidelines as outlined in the Request for Proposal dated April 2022 (the "RFA"), incorporated by this reference as if fully set forth herein. In the event of conflict between the RFA and the contract, the Contract prevails. 4. REPORTING REQUIREMENTS During the construction phase of the Scope of Work, the Grantee must provide quarterly written reports and host a quarterly phone meeting with Commerce for project update purposes. Quarterly reports are due no later than 15 days after the end of each quarter or at the time of invoice for the quarter to be reported. The report form will be provided by Commerce. The intent is to collect a description of the project activity that occurred during the period, including but not limited to: • A narrative summarizing project activities, risks and issues mitigated, and lessons learned; • The project milestones met to date and anticipated in the subsequent quarter • Any additional metrics required from the capital budget proviso, legislature, governor's office, or Commerce; • Quarterly updated budget projections for project expenditures; • The grant expenditures to date and anticipated in the next quarter. • Fact Sheet - Upon Milestone A completion, the Contractor will submit an initial fact sheet. The Contractor will update and finalize this fact sheet prior to the submission of the final invoice. Commerce may request the fact sheet be updated between initial and final fact sheet as conditions warrant. Grant Number: 22-92601-008 Energy Retrofits for Public Buildings EE2022 DocuSign Envelope ID: CA1370A8-0549-429E-9EFA-7422069CF01 F AGENDA ITEM #5, d) SPECIAL TERMS AND CONDITIONS CAPITAL STATE FUNDS SPECIAL TERMS AND CONDITIONS 1. CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 2. COMPENSATION COMMERCE shall pay an amount not to exceed the amount shown as grant amount on the attached declarations page for the performance of all things necessary for or incidental to the performance of work as set forth in the scope of work. 3. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE upon satisfactory completion of milestones and not less than one time per year. The Contractor shall provide the Representative of COMMERCE a signed electronic Invoice A19 form that includes the contract number referenced on the Declarations page. The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work performed, and the milestone/s achieved.the progress of the project, and fees. The invoice shall include the Contract Number 22-92601-008. If expenses are invoiced, provide a detailed breakdown of each type. A receipt must accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement. The Contractor is required to maintain documentation to support invoiced costs and cost share obligations. The Contractor shall make these documents available to COMMERCE if requested. COMMERCE will pay Contractor the amounts set forth in Attachment B upon full completion of each Milestone. Upon full completion of each Milestone, Contractor will provide an invoice and any required supporting documentation to the Representative of COMMERCE. Except as may be agreed by COMMERCE in its discretion, COMMERCE shall only be obligated to make payments upon demonstration of completion of all Deliverables within a given Milestone. However, it is acknowledged that in the event one or two Deliverables of a Milestone is unduly delayed (more than 3 months) due to circumstances outside Contractor's control, COMMERCE may, in its sole discretion, reasonably negotiate with Contractor regarding paying for those Deliverables of such Milestones that are completed. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Grant Number: 22-92601-008 Energy Retrofits for Public Buildings EE2022 DocuSign Envelope ID: CA1370A8-0549-429E-9EFA-7422069CF01 F AGENDA ITEM #5, d) SPECIAL TERMS AND CONDITIONS CAPITAL STATE FUNDS Invoices and End of Fiscal Year Invoices are due on the 20th of the month following the provision of services. Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide notification of the end of fiscal year due date. The grantee must invoice for all expenses from the beginning of the contract through June 30, regardless of the contract start and end date. Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. 4. SUBCONTRACTOR DATA COLLECTION Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Grant performed by subcontractors and the portion of Grant funds expended for work performed by subcontractors, including but not necessarily limited to minority -owned, woman -owned, and veteran -owned business subcontractors. "Subcontractors" shall mean subcontractors of any tier. 5. HISTORICAL OR CULTURAL ARTIFACTS Prior to approval and disbursement of any funds awarded under this Contract, Contractor shall complete the requirements of Governor's Executive Order 21-02, where applicable, or Contractor shall complete a review under Section 106 of the National Historic Preservation Act, if applicable. Contractor agrees that the Contractor is legally and financially responsible for compliance with all laws, regulations, and agreements related to the preservation of historical or cultural resources and agrees to hold harmless COMMERCE and the state of Washington in relation to any claim related to such historical or cultural resources s discovered, disturbed, or damaged as a result of the project funded by this Contract. In addition to the requirements set forth in this Contract, Contractor shall, in accordance with Governor's Executive Order 21-02, coordinate with Commerce and the Washington State Department of Archaeology and Historic Preservation ("DAHP"), including any recommended consultation with any affected tribe(s), during Project design and prior to construction to determine the existence of any tribal cultural resources affected by Project. Contractor agrees to avoid, minimize, or mitigate impacts to the cultural resource as a continuing prerequisite to receipt of funds under this Contract. The Contractor agrees that, unless the Contractor is proceeding under an approved historical and cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are discovered during construction, the Contractor shall immediately stop construction and notify the local historical preservation officer and the state's historical preservation officer at DAHP, and the Commerce Representative identified on the Face Sheet. If human remains are uncovered, the Contractor shall report the presence and location of the remains to the coroner and local enforcement immediately, then contact DAHP and the concerned tribe's cultural staff or committee. The Contractor shall require this provision to be contained in all subcontracts for work or services related to the Scope of Work attached hereto. In addition to the requirements set forth in this Contract, Contractor agrees to comply with RCW 27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; Grant Number: 22-92601-008 Energy Retrofits for Public Buildings EE2022 DocuSign Envelope ID: CA1370A8-0549-429E-9EFA-7422069CF01F AGENDA ITEM #5. d) SPECIAL TERMS AND CONDITIONS CAPITAL STATE FUNDS RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and WAC 25-48 regarding Archaeological Excavation and Removal Permits. Completion of the requirements of Section 106 of the National Historic Preservation Act shall substitute for completion of Governor's Executive Order 21-02. In the event that the Contractor finds it necessary to amend the Scope of Work the Contractor may be required to re -comply with Governor's Executive Order 21-02 or Section 106 of the National Historic Preservation Act. 6. INSURANCE (SUPERCEDED BY PROGRAM SPECIFIC TERMS AND CONDITIONS 1) The Contractor shal! provide insurance coverage as set out On this section. The intent of the required 0 nsurance is to protect the State should there be any claims, suits, actions, costs, damages or expenses ar. - . ng from any loss, or negligent or intentional act or omission of the Contractor or Subcontractor, or ageRtS Of whole PeFf9FIMiRg URder the terms; of this G.A-RtFaGt. Failure to MaiRtaiR the required t ironne ' i nomay result in termino4ien of this Gentror# Grant Number: 22-92601-008 Energy Retrofits for Public Buildings EE2022 DocuSign Envelope ID: CA1370A8-0549-429E-9EFA-7422069CF01 F AGENDA ITEM #5, d) SPECIAL TERMS AND CONDITIONS CAPITAL STATE FUNDS 7. FRAUD AND OTHER LOSS REPORTING Contractor/Grantee shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Contract immediately or as soon as practicable to the Commerce Representative identified on the Face Sheet. 8. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: Applicable federal and state of Washington statutes and regulations 2. Attachment C — Proviso 3. Program Specific Terms & Conditions 4. Special Terms & Conditions 5. General Terms and Conditions 6. Attachment A — Scope of Work 7. Attachment B — Budget Grant Number: 22-92601-008 Energy Retrofits for Public Buildings EE2022 DocuSign Envelope ID: CA1370A8-0549-429E-9EFA-7422069CF01 F AGENDA ITEM #5, d) GENERAL TERMS AND CONDITIONS CAPITAL STATE FUNDS GENERAL TERMS AND CONDITIONS 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "COMMERCE" shall mean the Department of Commerce. C. "Contract" or "Agreement" means the entire written agreement between COMMERCE and the Contractor, including any Exhibits, documents, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. F. "State" shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. 2. ALLOWABLE COSTS Costs allowable under this Contract are actual expenditures according to an approved budget up to the maximum amount stated on the Contract Award or Amendment Face Sheet. 3. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 4. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 5. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO REFERRED TO AS THE "ADA" 28 CFR PART 35 The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. Grant Number: 22-92601-008 Energy Retrofits for Public Buildings EE2022 DocuSign Envelope ID: CA1370A8-0549-429E-9EFA-7422069CF01 F AGENDA ITEM #5, d) GENERAL TERMS AND CONDITIONS CAPITAL STATE FUNDS 6. APPROVAL This contract shall be subject to the written approval of COMMERCE's Authorized Representative and shall not be binding until so approved. The contract may be altered, amended, or waived only by a written amendment executed by both parties. 7. ASSIGNMENT Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 8. ATTORNEYS' FEES Unless expressly permitted under another provision of the Contract, in the event of litigation or other action brought to enforce Contract terms, each party agrees to bear its own attorneys' fees and costs. 9. CODE REQUIREMENTS All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and federal building, mechanical, plumbing, fire, energy and barrier -free codes. Compliance with the Americans with Disabilities Act of 1990 28 C.F.R. Part 35 will be required, as specified by the local building Department. 10. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "Confidential Information" as used in this section includes: All material provided to the Contractor by COMMERCE that is designated as "confidential" by COMMERCE; All material produced by the Contractor that is designated as "confidential" by COMMERCE; and iii. All personal information in the possession of the Contractor that may not be disclosed under state or federal law. "Personal information" includes but is not limited to information related to a person's name, health, finances, education, business, use of government services, addresses, telephone numbers, social security number, driver's license number and other identifying numbers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. Grant Number: 22-92601-008 Energy Retrofits for Public Buildings EE2022 DocuSign Envelope ID: CA1370A8-0549-429E-9EFA-7422069CF01 F AGENDA ITEM #5, d) GENERAL TERMS AND CONDITIONS CAPITAL STATE FUNDS C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 11. CONFORMANCE If any provision of this contract violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 12. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, the COMMERCE may, in its sole discretion, by written notice to the CONTRACTOR terminate this contract if it is found after due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the CONTRACTOR in the procurement of, or performance under this contract. Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52 of the Revised Code of Washington. The CONTRACTOR and their subcontractor(s) must identify any person employed in any capacity by the state of Washington that worked on the (YOUR PROGRAM NAME) including but not limited to formulating or drafting the legislation, participating in grant procurement planning and execution, awarding grants, and monitoring grants, during the 24 month period preceding the start date of this Grant. Identify the individual by name, the agency previously or currently employed by, job title or position held, and separation date. If it is determined by COMMERCE that a conflict of interest exists, the CONTRACTOR may be disqualified from further consideration for the award of a Grant. In the event this contract is terminated as provided above, COMMERCE shall be entitled to pursue the same remedies against the CONTRACTOR as it could pursue in the event of a breach of the contract by the CONTRACTOR. The rights and remedies of COMMERCE provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which COMMERCE makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this contract. 13. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty - free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The 10 Grant Number: 22-92601-008 Energy Retrofits for Public Buildings EE2022 DocuSign Envelope ID: CA1370A8-0549-429E-9EFA-7422069CF01 F AGENDA ITEM #5, d) GENERAL TERMS AND CONDITIONS CAPITAL STATE FUNDS Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 14. DISALLOWED COSTS The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors. 15. DISPUTES Except as otherwise provided in this Contract, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director of COMMERCE, who may designate a neutral person to decide the dispute. The request for a dispute hearing must: 1. be in writing; 2. state the disputed issues; 3. state the relative positions of the parties; 4. state the Contractor's name, address, and Contract number; and 5. be mailed to the Director and the other party's (respondent's) Contract Representative within three (3) working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's statement to both the Director or the Director's designee and the requestor within five (5) working days. The Director or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Director or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Contract shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 16. DUPLICATE PAYMENT The Contractor certifies that work to be performed under this contract does not duplicate any work to be charged against any other contract, subcontract, or other source. 17. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 18. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of the state, for, from and against all claims for injuries or death arising out of or resulting from the performance of the contract. "Claim" as used in this contract, means any financial loss, claim, suit, action, damage, 11 Grant Number: 22-92601-008 Energy Retrofits for Public Buildings EE2022 DocuSign Envelope ID: CA1370A8-0549-429E-9EFA-7422069CF01 F AGENDA ITEM #5, d) GENERAL TERMS AND CONDITIONS CAPITAL STATE FUNDS or expense, including but not limited to attorney's fees, attributable for bodily injury, sickness, disease, or death, or injury to or the destruction of tangible property including loss of use resulting therefrom. The Contractor's obligation to indemnify, defend, and hold harmless includes any claim by Contractor's agents, employees, representatives, or any subcontractor or its employees. The Contractor expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incident to the Contractor's or any subcontractor's performance or failure to perform the contract. Contractor's obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 19. INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and its employees or agents performing under this Contract are not employees or agents of the state of Washington or COMMERCE. The Contractor will not hold itself out as or claim to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Contractor. 20. INDUSTRIAL INSURANCE COVERAGE The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, COMMERCE may collect from the Contractor the full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by COMMERCE under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the Contractor. 21. LAWS The Contractor shall comply with all applicable laws, ordinances, codes, regulations and policies of local, state, and federal governments, as now or hereafter amended. 22. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 23. LIMITATION OF AUTHORITY Only the Authorized Representative or Authorized Representative's designee by writing (designation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. 24. LOCAL PUBLIC TRANSPORTATION COORDINATION Where applicable, Contractor shall participate in local public transportation forums and implement strategies designed to ensure access to services. 12 Grant Number: 22-92601-008 Energy Retrofits for Public Buildings EE2022 DocuSign Envelope ID: CA1370A8-0549-429E-9EFA-7422069CF01 F AGENDA ITEM #5, d) GENERAL TERMS AND CONDITIONS CAPITAL STATE FUNDS 25. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Contract, the Contractor shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Contractor's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this contract may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with COMMERCE. The Contractor shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. The funds provided under this contract may not be used to fund religious worship, exercise, or instruction. No person shall be required to participate in any religious worship, exercise, or instruction in order to have access to the facilities funded by this grant. 26. PAY EQUITY The Contractor agrees to ensure that "similarly employed" individuals in its workforce are compensated as equals, consistent with the following: Employees are "similarly employed" if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed; Contractor may allow differentials in compensation for its workers if the differentials are based in good faith and on any of the following: (i) A seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide job -related factor or factors; or a bona fide regional difference in compensation levels. (ii) A bona fide job -related factor or factors may include, but not be limited to, education, training, or experience that is: Consistent with business necessity; not based on or derived from a gender -based differential; and accounts for the entire differential. (iii) A bona fide regional difference in compensation level must be: Consistent with business necessity; not based on or derived from a gender -based differential; and account for the entire differential. This Contract may be terminated by the Department, if the Department or the Department of Enterprise services determines that the Contractor is not in compliance with this provision. 27. POLITICAL ACTIVITIES Political activity of Contractor employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17A RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 28. PREVAILING WAGE LAW The Contractor certifies that all contractors and subcontractors performing work on the Project shall comply with state Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Project funded by this contract, including but not limited to the filing of the "Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" as required by RCW 39.12.040. The Contractor shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for COMMERCE's review upon request. 13 Grant Number: 22-92601-008 Energy Retrofits for Public Buildings EE2022 DocuSign Envelope ID: CA1370A8-0549-429E-9EFA-7422069CF01 F AGENDA ITEM #5, d) GENERAL TERMS AND CONDITIONS CAPITAL STATE FUNDS 29. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The funds provided under this Contract shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such funds or any other approval or concurrence under this Contract provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. 30. PUBLICITY The Contractor agrees not to publish or use any advertising or publicity materials in which the state of Washington or COMMERCE's name is mentioned, or language used from which the connection with the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the prior written consent of COMMERCE. 31. RECAPTURE In the event that the Contractor fails to perform this contract in accordance with state laws, federal laws, and/or the provisions of this contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this contract. 32. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. Contractor shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 33. REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the Contractor shall complete registration with the Washington State Department of Revenue. 34. RIGHT OF INSPECTION At no additional cost all records relating to the Contractor's performance under this Contract shall be subject at all reasonable times to inspection, review, and audit by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, in order to monitor and evaluate performance, compliance, and quality assurance under this Contract. The Contractor shall provide access to its facilities for this purpose. 14 Grant Number: 22-92601-008 Energy Retrofits for Public Buildings EE2022 DocuSign Envelope ID: CA1370A8-0549-429E-9EFA-7422069CF01 F AGENDA ITEM #5, d) GENERAL TERMS AND CONDITIONS CAPITAL STATE FUNDS 35. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten business day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 36. SEVERABILITY The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. 37. SUBCONTRACTING (THIS SECTION SUPERCEDED BY PROGRAM SPECIFIC TERMS AND CONDITIONS 1.0) 38. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 39. TAXES All payments accrued on account of payroll taxes, unemployment contributions, the Contractor's income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall be the sole responsibility of the Contractor. 40. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement 15 Grant Number: 22-92601-008 Energy Retrofits for Public Buildings EE2022 DocuSign Envelope ID: CA1370A8-0549-429E-9EFA-7422069CF01 F AGENDA ITEM #5, d) GENERAL TERMS AND CONDITIONS CAPITAL STATE FUNDS or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in addition to any other rights and remedies, provided by law. 41. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 42. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed, would have been required to be furnished to COMMERCE; 16 Grant Number: 22-92601-008 Energy Retrofits for Public Buildings EE2022 DocuSign Envelope ID: CA1370A8-0549-429E-9EFA-7422069CF01 F AGENDA ITEM #5, d) GENERAL TERMS AND CONDITIONS CAPITAL STATE FUNDS F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which COMMERCE has or may acquire an interest. 43. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this contract, or (ii) commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this contract All reference to the Contractor under this clause shall also include Contractor's employees, agents or Subcontractors. 44. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. Grant Number: 22-92601-008 Energy Retrofits for Public Buildings EE2022 DocuSign Envelope ID: CA1370A8-0549-429E-9EFA-7422069CF01 F AGENDA ITEM #5, d) ATTACHMENT A — SCOPE OF WORK All work to be completed in accordance with the Energy Services Proposal between McKinstry Essention LLC, and the City of Renton and Department of Enterprise Services dated May 16, 2022 (the "ESP") (incorporated by this reference) and with the Energy Efficiency Grant Application submitted by the Grantee (the "Application") (incorporated by this references). Any changes to the ESP or variation from the Application must be reviewed and agreed to by Commerce. Maximum total project cost at time of application: List Energy Savings Guarantees at time of application: $1,070,503 5,503 therms/yr; 664,347 kWh/yr This Energy Efficiency Grant application includes the following Facility Improvement Measures (FIM's): FIM 04.01-RCH: Optimize Controls and TAB Terminal Units Upgrade the remaining IBEX controls to modern BACNet controllers and recommission the terminal units. FIM 09.01-CPL: Upgrade Lighting to LED Replace the City Hall, Aquatic Center and Liberty Park parking lot lighting fixtures with LED fixtures. Reuse the existing dusk -to -dawn controls for each parking lot. FIM 09.01-HMA: LED Lighting and Occupancy Controls Retrofit the fluorescent lamped fixtures to LED. Provide room level occupancy controls in select areas. FIM 09.01-PWS: LED Lighting and Controls Retrofit the interior and exterior lighting systems to LED or TLED or compact retrofit lamps. Provide remote lighting controls in select spaces. FIM 09.02-HMA: Upgrade Exterior Lighting to LED Replace and retrofit fixtures with LED lamps. Existing controls will remain as -is. FIM 09.02-RCH: Upgrade Exterior Lighting to LED Retrofit the existing light fixtures with LED lamps. FIM 17.01-HMA: Install Pool Cover Provide a new pool cover for the lap pool. Grant Number: 22-92601-008 Energy Retrofits for Public Buildings EE2022 DocuSign Envelope ID: CA1370A8-0549-429E-9EFA-7422069CF01 F AGENDA ITEM #5, d) ATTACHMENT B- BUDGET Grant funds will be issued on a milestone basis as agrees to below. To draw grant funds: Project must be in compliance with all aspects of this contract Grantee must submit an invoice to Commerce in compliance with Special Terms and Conditions Section 4 Grantee must include the deliverables identified to confirm that each milestone is complete and o Be eligible under the Scope of Work (Attachment A) and all other aspects of this contract o Align with the grant budget (Attachment B) Expected Milestone Project Activity and Task Key Deliverables Deliverable Description Completion Date Amount A Development & Contracting Construction contract Primary contractor engaged Collaboration confirmed If applicable; shared venture/partner agreements in place 2/28/2023 $ 11,797.00 B Design & Permitting Design approval Confirmation Grantee organization has accepted design Copy of permits Permit applications submitted (permits or receipts) Intent ID # Intent to pay prevailing wage filed with L&I 5/30/2023 $ 25,258.00 C Materials Ordered Supplier Invoice Documentation that materials have been ordered 1/5/2024 $ 30,561.00 D Construction and Completion Testing & Commissioning Report/s from Contractor Inspection passed Documentation from applicable jurisdiction Photos Photographs of completed installation Notice of Substantial Completion Issued by Contractor Commencement of Energy Savings Issued by Contractor Close out Report Commerce form Fact Sheet Commerce template completed and submitted Certification of Match Letter signed by grantee official stating final project costs 5/23/2024 $ 186,676.00 and amount of match provided E Analytics and Monitoring Measurement and Verification Payable on demonstration of energy savings targets being 6/27/2025 $ 13,384.00 (M&V) met after 1 year; M&V period may be extended for second year if needed to reach energy savings targets. Grant Total $ 267,676.00 As indicated in grant application Estimated project ttl cos $ 1,070,503.00 As indicated in grant application Match provided by grantee $ 802,827.00 Grant amount as % estimated ttl project cost at time of application Maximum %from Commerce 25% Grant Number: 22-92601-008 Energy Retrofits for Public Buildings EE2022 DocuSign Envelope ID: CA1370A8-0549-429E-9EFA-7422069CF01 F AGENDA ITEM #5, d) ATTACHMENT C — PROVISO Enacted 2019-2021 Supplemental Capital Budget — Engrossed Substitute Senate Bull 6248 Chapter 356, Laws of 2020. Section 1023, Subsection 1. (1)(a)$1,785,000 for fiscal year 2020 and $1,785,000 for fiscal 36 year 2021 is provided solely for grants to be awarded in competitive rounds to local agencies, public higher education institutions, school districts, federally recognized tribal governments, and state agencies for operational cost savings improvements to facilities and related projects that result in energy and operational cost savings. (b) At least twenty percent of each competitive grant round must be awarded in small cities or towns with a population of five thousand or fewer residents. (c) In each competitive round, the higher the leverage ratio of nonstate funding sources to state grant and the higher the energy savings, the higher the project ranking. (d) For school district applicants, priority consideration must be given to school districts that demonstrate improved health and safety through reduced exposure to polychlorinated biphenyl. Priority consideration must be given to applicants that have not received grant awards for this purpose in prior biennia. Enacted Substitute House Bill 1080, Capital Budget Chapter 332, Laws of 2021 Sec. 1022. Energy Efficiency and Solar Grants (30000882) The reappropriations in this section are subject to the following 4 conditions and limitations: The reappropriations are subject to the 5 provisions of section 6007, chapter 413, Laws of 2019. Enacted Substitute House Bill 1080, Capital Budget Chapter 332, Laws of 2021 Section 1065, Subsection 1. (1) $4,000,000 of the appropriation in this section is provided solely for grants to local governments, public higher education institutions, school districts, federally recognized tribal governments, and state agencies for operational cost savings improvements to facilities and related projects that result in energy and operational cost savings. (a) (i) $3,000,000 of the appropriation in this section is provided solely for grants awarded in competitive rounds. (ii) At least 20 percent of each competitive grant round is designated for award to eligible projects in small cities or towns with a population of 5,000 or fewer residents. (iii) In each competitive round, a higher energy savings to investment ratio must result in a higher project ranking. Priority consideration must be given to applicants that have not received grant awards for this purpose in prior biennia. (iv) The department must determine a minimum match ratio to maximize the leverage of nonstate funds. (b) $450,000 of the appropriation in this section is provided solely for a grant to Western Washington University for the heating system conversion feasibility study. (c) $550,000 of the appropriation in this section is provided solely for a grant to Whidbey Island Public Hospital District for energy upgrades at Whidbey Health Medical Center in Coupeville. (6) If a grant is provided in subsection (1) or (3) of this section to purchase heating devices or systems, the agency must, whenever possible and most cost effective, select devices and systems that do not use fossil fuels. Last revision 10/13/20 20 Grant Number: 22-92601-008 Energy Retrofits for Public Buildings EE2022 DocuSign Envelope ID: CA1370A8-0549-429E-9EFA-7422069CF01 F AGENDA ITEM #5, d) ATTACHMENT D — SITE LIST City Hall 1055 S. Grady Way Renton WA 98057 Liberty Park 1101 Bronson Way Renton WA 98057 City shops 1055 S. Grady Way Renton WA 98057 HM Aquatic Center 1719 Maple Valley Hwy, Renton WA 98057 21 Grant Number: 22-92601-008 Energy Retrofits for Public Buildings EE2022 DocuSign Envelope ID: CA1370A8-0549-429E-9EFA-7422069CF01 F 6'� Washington State AGENDA ITEM #5, d) Department of DocuSign Routing Form 'Pi►l Commerce Energy Programs in Communities Unit Energy Retrofits for Public Buildings *For Commerce Use Only* Review by (Title): Date: Initials: Grantee/Contractor Signed on AttachedContract Signed on Attached Contract Commerce Grant Manager Budget Manager Managing Director Assistant Director Signed on Attached Signed on Attached Contract Contract Updated February 2021 AGENDA ITEM #5, d) DocuSign Certificate Of Completion Envelope Id: CA1 370A80549429E9EFA7422069CFO 1 F Subject: Please DocuSign: Energy Retrofits Contract #22-92601-008 Division: Energy Program: Energy Retrofits in Public Buildings ContractNu m ber: 22-92601-008 DocumentType: Contract Source Envelope: Document Pages: 27 Signatures: 0 Certificate Pages: 5 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: Original 2/21 /2023 7:47:55 AM Security Appliance Status: Connected Storage Appliance Status: Connected Signer Events Armondo Pavone apavone@rentonwa.gov Mayor Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 6/27/2022 5:34:19 PM ID:5442419a-a884-4572-b11e-d17201bb3bcf Kristen Kalbrener kristen.kalbrener@commerce.wa.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign COM Energy Budget Office Signing Group: COM Energy Budget Office Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jennifer Grove jennifer.grove@commerce.wa.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Michael Furze michael.furze@commerce.wa.gov Security Level: Email, Account Authentication (None) Holder: William Cox william.cox@commerce.wa.gov Pool: StateLocal Pool: Washington State Department of Commerce Signature Status: Sent Envelope Originator: William Cox 1011 Plum Street SE MS 42525 Olympia, WA 98504-2525 william.cox@commerce.wa.gov IP Address: 147.55.149.189 Location: DocuSign Location: DocuSign Timestamp Sent: 2/22/2023 1:18:50 PM Signer Events Signature Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Editor Delivery Events Status Agent Delivery Events Status Intermediary Delivery Events Status Certified Delivery Events Status Jeff Minisci jminisci@rentonwa.gov VIEWED Facilities Director Security Level: Email, Account Authentication Using IP Address: 146.129.251.56 (None) Electronic Record and Signature Disclosure: Accepted: 2/22/2023 1:18:50 PM ID: c595d70f-c954-4a28-9f7c-fba30dc5f96e Carbon Copy Events Status Witness Events Signature Notary Events Signature Envelope Summary Events Status Envelope Sent Hashed/Encrypted Payment Events Status Electronic Record and Signature Disclosure AGENDA ITEM #5, d) Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 2/21/2023 8:52:15 AM Viewed: 2/22/2023 1:18:50 PM Timestamp Timestamp Timestamp Timestamps 2/21/2023 8:52:15 AM Timestamps Electronic Record and Signature Disclosure created on: 8/11/2020 4:44:12 PM ��// Parties agreed to: Armondo Pavone, Jeff Minisci AGENDA ITEM #5. U) ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Washington State Department of Commerce (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. 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All notices and disclosures will be sent to you electronically AGENDA ITEM #5. d) Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Washington State Department of Commerce: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: docusign@commerce.wa.gov To advise Washington State Department of Commerce of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at docusign@commerce.wa.gov and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. 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To withdraw your consent with Washington State Department of Commerce To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: AGENDA ITEM #5. d) i. decline to sign a document from within your signing session, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an email to docusign@commerce.wa.gov and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https:Hsupport.docusi ng com/guides/si igi er- uigu de- signing -system -requirements. 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By selecting the check -box next to `I agree to use electronic records and signatures', you confirm that: You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and Until or unless you notify Washington State Department of Commerce as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Washington State Department of Commerce during the course of your relationship with Washington State Department of Commerce. Exhibit B CAG# 24 - 148 Amendment *0Igkt �l�umb �!Zz#4(qcT8 d) Amendment Number: A Washington State Department of Commerce Energy Division Energy Programs in Communities Energy Retrofits for Public Buildings Program 1. Contractor 2. Contractor Doing Business As (optional) City of Renton N/A 1055 South Grady Way Renton, WA 98507-3232 3. Contractor Representative (only if updated) 4. COMMERCE Representative (only if updated) 5. Original Contract Amount 6. Amendment Amount 7. New Contract Amount (and any previous amendments) $267,626.00 $0.00 $267,626.00 8. Amendment Funding Source 9. Amendment Start Date 10. Amendment End Date Federal: State: X Other: N/A: 6/15/2024 6/15/2026 11. Federal Funds (as applicable): Federal Agency: CFDA Number: N/A N/A N/A 12. Amendment Purpose: Personnel turnover for all parties involved has meant construction delays. This 8-month extension will enable a full year of M&V to be performed post -construction completion. All other terms and conditions of this contract remain in full force and effect. COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract As Amended and attachments and have executed this Contract Amendment on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Contract As Amended are governed by this Contract Amendment and the following other documents incorporated by reference: Contractor Terms and Conditions including Attachment "A" — Scope of Work, Attachment "B" — Budget. A copy of this Contract Amendment shall be attached to and made a part of the original Contract between COMMERCE and the Contractor. Any reference in the original Contract to the "Contract" shall mean the "Contract as Amended". FOR CONTRACTOR Amondo Pavonne, Mayor of Renton Date FOR COMMERCE Michael Furze, Assistant Director Date APPROVED AS TO FORM ONLY Sandra Adix Assistant Attorney General 3/20/2014 Date Department of Commerce AGENDA ITEM #5. d) Q 0 00 0 0 0 Il 00 cl LD V LD 0) I, Ln N LD Lr I- to 00 M )l LD Ln O lD M P ci N M 00 cl LD O N E a1 N Ln N O N N O m C O O p\j Ln O 0 N ONO v m m F Q N 11 I 1 Ln c ua u 0 u h0 fa C 00 Y N O •� Q N C y � �n y N F' -Q O_ a) h0 w n7 a) +�+ a) Q y N CLU () p— QN CD p oa c o c aa)) > a7 O J Y Y C a V s w 0 > X N a) c E 3 -0 c v ra a`) n v s v m c (Ua- N_ 'p w N a) _� U '6 v C a) r0 U a) ;L .° p 0 M •� a)� 7 m E N CL—0O C O C i M C oca E O_ +' 4J N pU O_ m> -O O > a) S i Q ap+ s a) C U Y 0Z a) O. O a) C '' C O O 0 0 m a) C 2 N u fo O a) Y O .� u m i Q E O .. a) N Q p E ° O c t: LO O a) a) :L- C Y a) C U Y 5. y c Ou O M fl Q r0 Y M L U U W C Y v v C i ns c L N U a7 °- O CC in CC tp >- ? L 00 p aJ a1 N ° j. a) L N Y C L E -Q _Q > •W Q C E cOi O v a) a) Y ° E E -O v a3 Y O >, u C o` - O v O O vOi vOi u v° m a E wo t/1 C txo Q � > c vLn Q CL N O ca E C_ p v V w U E C CJ L a) fa L O ns W LU Y > Y C N p O a N ° v E c a) lLO O O O- a) 0 O Q O C U N O a) y a`+ 2 CL c C u Y 0o O C �) N i M O a) O t v c E _ C as 00 > C Q v o w v n w w> >. c N O. a) Q N °- Q Y E V Y a2s Y u u O u= V) H c a Z u u i U C Op O s Y u v mo N C •L m E E c ° u '« -a m °6 E w @ O 2 v O Q 0) CL •° m E CL LA m .. v A v N CL > G N 0 C u )0 Q ar c O Ca C Q m L) W o C) O O N Mr-: O W O^ O O 00 c-i In Y(uU N O a� Y E Y 0.0 E ? O s v a -wa, E CL-Q v o IOR O E E V � WU a E cp C fd G H U W LL LL W 0 Z Q LU �U/ LL 0 LL J LL Z Z Q LU H U Q z 0 1� L.L 0 Z 0 z 0 0 Z Q c) G Of LU W 2 H 0 J J Q N AGENDA ITEM # 7. a) 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, 6124, AND 6134 BY INCREASING BUDGETED REVENUES AND EXPENDITURES BY $1,601,362 AND $2,269,058, RESPECTIVELY; 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 1 AGENDA ITEM # 7. a) ORDINANCE NO. WHEREAS, on May 6, 2024, the City Council adopted Ordinance No. 6134 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, 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, the City received payment of $292,000 ("Settlement Proceeds") as settlement of a code enforcement dispute with a developer that failed to meet requirements of its affordable housing density bonus pursuant to RMC 4-9-065; the City desires to use the Settlement Proceeds to support the development of low-income housing; and WHEREAS, the City expanded its current affordable housing program under RMC 4-9-065 to allow the receipt of additional payments from developers who prefer to contribute financially towards the development of low income housing rather than incorporate such housing within their developments; and WHEREAS, to provide a way to account for the revenue and expenditure of said payments, this budget amendment establishes a special revenue fund that can be used only to support the development of low-income housing, consistent with uses that would be allowed for revenues collected pursuant to RCW 36.70A.540(2)(h); and WHEREAS, the City Council desires to convert one existing Permit Specialist position to a Planning Technician and add one Limited Term Full Time Construction Engineering Inspector to the currently authorized 2023/2024 positions; 2 AGENDA ITEM # 7. a) ORDINANCE NO. 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, 6124 and 6134 is hereby amended to increase revenue by $1,601,362 for an amended total revenue of $793,962,907 over the biennium and increase expenditures by $2,269,058 for total amended expenditures of $1,021,051,149 over the biennium. SECTION II. The City Council hereby adopts the amended 2023/2024 Biennial Budget. The 2024 2nd Quarter Budget Adjustment Summary by Fund is attached as Exhibit 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. There is hereby established in the City budget a special revenue fund designated the "Affordable Housing Development Fund" for the purpose of segregating revenues that are restricted in use to support the development of low-income housing. The City shall appropriate and use the Affordable Housing Development Fund only to support the development of low-income housing. 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. 3 AGENDA ITEM # 7. a) ORDINANCE NO. 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 12024. Approved as to form: Shane Moloney, City Attorney Date of Publication: 0 R D-FIN : 240 R D007:06/20/2024 Armondo Pavone, Mayor 21 AGENDA ITEM # 7. a) ORDINANCE NO. 2024 2ND QUARTER BUDGET ADJUSTMENT SUMMARY BY FUND 11 BEGINNING FUND BALANCE I REVENUES 11 EXPENDITURES 11 ENDING FUND BALANCE 2024 Available Fund 2024 Beg 2024 Adj. Changes 2024 Budgeted Changes Adjusted 2024 Budgeted Changes 2024 Adjusted Ending Fund Reserved/ Fund Fund ERI Fund Bal Revenue Revenue Expenditure Expenditure Balance Designated Balance OXX GENERAL FUND 99,226,475 99,226,475 136AI6,850 80%429 137,217,279 147,189,862 1,542,324 148,732,386 87,711,568 (20,347,862) 67,363,706 110 SPECIAL HOTEL-NIOTELTAX 889,212 - 889,272 461,001 - 469,000 465,000 5,604 470,604 887,661 887,667 127 CABLECOMMUNICATON5 DEVELOPMENT 358,300 - 358,300 5],674 - 17,174 97,674 - 97,674 318,300 318,300 130 HOUSING AND SUPPORTIVE SERVICES 10,811,897 - 10,811,111 3,500,000 - 3,'DO,000 309,000 - 309,000 14,002,847 14,002,847 135 SPRING BROOK WETLANDS BANK 711,118 - 711, 118 4,011 - 4,011 40,000 - 40,000 675,130 675, 130 141 POLICE SEIZURE 731,911 - 731'928 - - - 731,928 - 73"9" (0) (0) 111 POLICECSAMSDIURE 169,577 - 169,577 - - 169,577 - 169,177 - 150 AFFORDABLE HOUSING DEVELOPMENT - - - 292,000 292,000 - - - 292,000 - 292,000 215 GENERAL GOVERNMENT MISC DEBTSVC 5,411,174 - 5,412, 174 3,153,417 - 3,153,41] 2,960,690 - 2,960,690 5,609,901 (2,717,575) 2,987,326 303 COMMUNITYSERVICES IMPACTMITIGATION -1,333 - 681,333 86,500 - 86,500 450:000 75,000 525,000 242,833 242,833 304 FIRE IMPACTMITIGATION - - - 200,OD0 - 200,000 200,000 - 200,000 - - - 305 TRANSPORTATION IMP 2,210,17 - 2,220,2J0 111,152 - 511,152 100,000 - 100,000 2,631,422 2,631,422 308 REETI 1,765,113 - 1,]65,153 2,300'00' - 2,300,000 - - 4,065,153 4,065,153 319 RE12 3,145,503 - 31145,503 2,300,000 - 2,300,000 4,183,425 - 4,183,425 1,262,078 1,262,078 31X SCH OOL D I STRICT I MPACT MI TI GATI ON 34 - 34 "COBB - 600,000 600,000 - 600,000 34 - 34 316 MUNICIPALMOLITIESCIP 21,980,020 - 21,980,020 17,395,'13 308,858 17,703,970 30,831,788 13,725 30,945,513 8,838,476 8,838,471 317 CAPITAL IMPROVEMENT 15,282,117 - 15,282,11] 33,]38,56] - 33,738,567 14,997,803 30,000 45,027,803 3,992,881 3,992,881 346 NEW FAMI LY FIRST CENTER DEVELOPMENT 3,643,436 - 3,643'43' - - - - - 3,643,436 3,643,436 402 Al RPORT OPERATI DNS &CIP 11,276,837 - 11,276,831 6,131,870 - 6,131,870 '0'129,689 2,900 10,132,589 7,276,117 (266,810) 7,009,307 403 SOLI D WASTE UN LDY 3,.8,543 - 3,928,543 26,151,67' - 26,151,6]9 27,045,563 - 27,045,563 3,034,659 (400,000) 2,634,659 404 GOLF COURSE SYSTEM&CAPITAL 1,884,907 - 1,884,907 3,817,125 - 3,817,125 3,777:211 - 3,77],2. 1,924,821 (764'OLE) 1,160,803 405 WATER OPERATI DNS&CAPITAL 52,071,464 - 52,071'464 20,149,300 125,000 20,274,300 52,590,013 250,000 52,640,013 19,505,751 (3,16"746) 16,336,001 406 WASTEWATER OPERATIONS&CAPITAL 26,162,947 - 26,162,84] 12,48Q987 - 12,484,987 29,382,722 - 29,382,722 9,265,113 (1,706,422) 7,558,690 407 SURFACE WATER OPERATIONS & CAPITAL 29,287,066 - 29,287,066 37,643,637 - 37,643,637 54,103,333 - 54,103,333 12,827,371 (2,069,581) 10,757,789 416 KINGCOUNIYMETRO 6,589,443 - 6,589,443 21,791,-2 - 21,791,462 21,791,462 - 21,791,462 '51,443 (380,000) 6,209,443 501 EQUIPMENTRENTAL 18,279,075 - 19,278,075 6,974,821 - 6,974,821 11,857,83] - 11,857,837 13,395,059 '13,395,059) 502 INSURANCE 24,691,220 - 24,691,220 5,160,048 - 5,160,048 7,889,192 50,000 7,939,192 21,912,076 (19,647,862) 2,264,213 5031NFORNIATION SERVICES 9,416,600 - 9,416,600 9,545,740 60,075 9,605,815 14,766,071 184,504 14,950,5]5 4,071,BAD (2,551,999) 1,519,841 504 FACILITIES 1,046,533 - 1,046,533 7,181,239 15,000 7,196,239 7,229,646 15,000 7,244,646 998,126 998,126 505 COMMUNICATIONS 641,437 - 641,417 1,664,]67 - I'664,767 1,822,460 - 1,122,460 483,744 483,744 512 HEALTHCAREINSURANCE 8,946:970 - 8,946,970 17,362,018 - 17,362,018 16,402,893 - 16,412,893 9,906,095 (4,920,869 4,985,227 522 LEOFFI RETIREES HEALTHCARE 21320,818 - 20,320,818 960,OLD - 960,000 1,478,887 100,000 1,578,88] 19,701,931 (19,701,931) fill FIREMENS PENSION 9,253,302 9,253,302 200,000 200,000 244,475 244,4]5 9,208,82] (9,208,827) Total Other Funds 291,598,142 - 291,598,142 241,534,129 800,933 7A2,335,061 346,648,338 726,734 347,375,0]2 186,558,131 (80,90O,]00) 105,657,431 TOTALALLFUNDS 390,82A,617 - 390,824,617 377,950,978 1,601,362 379,552,340 493,838,200 2,269,058 496,107,258 274,269,699 (101,248,562) 173,021,137 2 year total 792,361,545 1,601,362 ]93,962,907 1,018,782,091 2,269,058 1,021,051,149 274,269,699 (301,248,562) 173,021,137 5 AGENDA ITEM # 7. a) ORDINANCE NO. 2023 ADJUSTED BUDGET SUMMARY BY FUND 11 BEGINNING FUND BALANCE 11 REVENUES 11 EXPENDITURES 11 ENDING FUND BALANCE 2023 2023 Available Fund Changes 202Revenue ed Changes Adjusted 2Expend 21 gored Changes Adjusted EnBalan Fund Funtl Bag Fu0nd Bal Revenue Expenditure end Designated Balance OXX 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 I10 SPECIAL 10TEL-MOTELTAX 712,384 - 712,384 481,000 - 481,000 479,616 - 479,616 713,768 713,768 127 CABLE COMMUNICATIONS DEVELOPMENT 413,147 - 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 4,100,010 - 4,000,000 260,000 - 260,000 9,850,390 9,850,390 135 SPRINGBROOK WETLANDS BANK 454,628 - 454,628 212,311 - 262,378 40,000 - 40,000 677,006 677,006 140 POLICE SEIZURE 339,814 - 339,814 106,159 - 106,159 US,973 - 445,973 - - 141 PO LI CECSAMSEIZURE 172,804 - 172,804 - - - 172,804 - 172,804 - - 215 GENERALGOVERNMENTMISC DEBTSVC 5,212,165 - 5,262,665 5,995,022 - 5,895,022 5,565,690 - 5,565,690 5,591,997 (2,717,575) 2,874,422 303COMMUNIWSERVICESIMPACTMITIGATION 1:591389 - 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 2,955,117 - 2,955,187 - - - 305 TRANSPORTATIONIMPARMITIGATION 6,964,011 - 6,964,031 661,235 - 661,235 5,817,897 - 5,817,897 1,807,349 1,807,349 308 REM 3,149,711 - 31049,711 1,016'117 - 1,096, 117 3,715,000 - 3,715,000 1,430,868 1,430,868 309 REEK 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 DI STRI CF I MPACF MITI GATION - - - 600'00' - 600,000 600,000 - 600,000 - - - 316 MUNICI PAL FACILITIES CIP 24,671,314 - 24,fi71,384 18,829,719 - 18,829,719 41,213,863 - 41,213,863 2,287,240 2,2717,240 317 CAPITAL IMPROVEMENT 12,561,975 - 12,561,975 41,791,289 - 45,791,289 56,979,034 - 56,979,034 1,374,231 1,374,231 346 NEW FAMILY FIRSTCENTER DEVELOPMENT 2,711,215 - 2,795,295 51186,673 - 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 7,985,694 - 7,285,694 11,588,233 - 11,588,233 4,623,150 (282,282) 4,340,868 403 SOUDWASTEUTILITY 3,951'191 - 3,951,1:1 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 62:319,964 - 52,379,968 17,881, 1089 (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 - 25,445,302 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 KINGCOUNTYMETRO 6,237,14 - 6,237,142 20,303,166 - 20,303,166 20, 173,811 - 20,173,811 6,366,497 (380,000) 5,986,497 501 EQUIPMENTRENTAL 13,277,63: - 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 1 620,328 - 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,.1) 1,852:709 504 FACILITIES 937,922 - 937:922 7,185,622 - 7,185,622 7,307,705 - 7,317,105 111,111 815,839 505 COMMUNICATIONS 428'724 - 428,724 1,593:40, - 1,593,402 1,731,451 - 1,731,451 29',675 290,:75 512 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) 3,4:4,551 522 LEOFFI 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 8,7331791 424,566 424,566 267,475 267,475 8,890,882 88 (8,890,2) Total Other Funds 276,4M267 - 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 - 360,0]6,246 414,410,567 - 419,410'17 524,943,891 - 524,943,891 249,542,922 (97,356,067) 152,186,855