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Home My WebLink AboutFinal Agenda PacketCITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, December 8, 2025 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way Please note that this regular meeting of the Renton City Council is being offered as a hybrid meeting and can be attended in person at the Council Chambers, 7th floor of City Hall, 1055 S Grady Way, Renton, 98057 or remotely through Zoom. For those wishing to attend by Zoom: Please (1) click this link https://us02web.zoom.us/j/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09 (or copy/paste the URL into a web browser) or (2) call-in to the Zoom meeting by dialing 253-215- 8782 and entering 849 3807 2917 Passcode 156708, or (3) call 425-430-6501 by 5 p.m. on the day of the meeting to request an invite with a link to the meeting. Registration for Audience Comment: Registration will be open at all times, but speakers must register by 5 p.m. on the day of a Council meeting in order to be called upon. Anyone who registers after 5 p.m. on the day of the Council meeting will not be called upon to speak and will be required to re-register for the next Council meeting if they wish to speak at that next meeting. Request to Speak Registration Form: o Click the link or copy/paste the following URL into your browser: https://forms.rentonwa.gov/Forms/registertospeakform You may also call 425-430-6501 or email counciladmin@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. 5. 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 December 1, 2025. Council Concur b) AB - 3998 Community & Economic Development Department recommends authorizing execution of Change Order 1 to CAG-25-257, contractor Andersen Construction Company of Washington, LLC, in the amount of $322,652, to resolve disputes regarding bid items. Council Concur c) AB - 3999 Public Works Facilities Division recommends execution of an grant agreement with the Association of Washington Cities, in the amount of $39,600 for energy audits at the Renton Community Center. Council Concur 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) Committee on Committees: 1) 2026 Council Committee Assignments b) Community Services Committee: 1) Equity Commission Appointment c) Finance Committee: 1) Vouchers; 2) Clam Lights and Winter Illuminations; 3) Rainier Ave S Corridor Improvements - Phase 4 Project Budget Request; 4) Amendment No. 5 to CAG- 21-227 with Axon Enterprise for Axon Hardware, Software, and Services; 5) Renewal of Liability Insurance Policies for 2026; 6) Agreement with King County Flood Control District for the Award of Flood Reduction Grant Funds 7. LEGISLATION Ordinances for second and final reading: a) Ordinance No. 6178: Property Acquisition, Including through the Use of Eminent Domain, for King County Parcels 3023059096, 3023059098, 3023059099, and 3023059091 (First Reading 12/1/2025) b) Ordinance No. 6179: Critical Areas Ordinance (First Reading 12/1/2025) 8. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 9. EXECUTIVE SESSION a)Potential Property Acquisition pursuant to RCW 42.30.110.(b) for approximately 30 minutes 10. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) 6:00 p.m. - 7th Floor - Conferencing Center Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 To view Council Meetings online, please visit rentonwa.gov/councilmeetings DATE: December 4, 2025 TO: James Alberson, Jr., Council President Members of the Renton City Council FROM: Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer SUBJECT: Administrative Report x Join Renton police officers for Cops and Barbers Thursday, December 18 from 4:30-6 p.m. at Good Vibes Only Barbershop (3700 NE 4th Street). Engage in open and honest conversations that build trust and understanding. Ask questions, share your thoughts, and get to know the people who serve your community. Bring your teens, friends, and your voice. Let’s take some time to get to know each other. x It’s okay to double-dip this holiday season at our Polar Bear Double-Dip, Thursday, January 1, 2026. At 10 a.m. take your polar plunge into Lake Washington at the Coulon Park Swim Beach. After surviving that dive in the cold, do it all again at 12 p.m. at the Henry Moses Aquatic Center. The event is free, but pre-registration is required and may be done by visiting www.rentonwa.gov/register. x Renton City Council will pause for the holidays after its December 8 meeting. Council will resume its regular business meetings Monday, January 5, 2026. Please continue to check our website at www.rentonwa.gov for news, updates, and events. x 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. 9 Monday, December 8 through Friday, December 12, 8:00am-3:00pm. Intermittent lane closure on S 3rd St between Morris Ave S and Logan Ave S for construction work. Approve traffic control plans were issued for all work and will be followed. Questions may be directed to Joel McCann, 425-757-959. 9 Monday, December 8 through Friday, December 12, 8:00am-3:00pm. Road closure on 125th Ave SE between SE 172nd St and SE 168th St for construction work. Approved traffic control plans were issued for all work and will be followed, including detour and spotters to assist with local traffic and pedestrians. Questions may be directed to Rob Blackburn, 206- 379-1489 9 Monday, December 8 through Friday, December 12, 8:00am-3:00pm. Intermittent lane closure on SE 172nd St from 122nd Ave SE to 127th Ave SE for construction work. Approved AGENDA ITEM #3. a) James Alberson, Jr., Council President Members of the Renton City Council Page 2 of 3 December 4, 2025 traffic control plans were issued for all work and will be followed. Questions may be directed to Rob Blackburn, 206-379-1489. AGENDA ITEM #3. a) James Alberson, Jr., Council President Members of the Renton City Council Page 3 of 3 December 4, 2025 9 Monday, December 8 through Friday, December 12. Intermittent lane closure on Rainier Ave N between 3rd St and Airport Way for construction work. Approved traffic control plans were issued for all work and will be followed. Questions may be directed to Joe Nerlfi, 425- 757-9657. 9 Monday, December 8 through Friday, December 12, 7:00am-4:00pm. Intermittent lane closure on Union Ave NE between NE 5th St and NE 7th St for construction work. Approved traffic control plans were issued for all work and will be followed. Questions may be directed to Piero D’Amore, 206-999-1833. 9 On-going Street Closure through May 15, 2026 (City of Renton Resolution No. 4571) FULL STREET CLOSURE on Houser Way N between Lake Washington Blvd N and Lowe’s business access road in support of the I-405, Renton to Bellevue Widening and Express Toll Lanes (ETL) project. AGENDA ITEM #3. a) December 1, 2025 REGULAR COUNCIL MEETING MINUTES CITY OF RENTON MINUTES - City Council Regular Meeting 7:00 PM - Monday, December 1, 2025 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: James Alberson, Jr., Council President Carmen Rivera, Council Position No. 2 Valerie O'Halloran, Council Position No. 3 Ryan McIrvin, Council Position No. 4 Ed Prince, Council Position No. 5 Ruth Pérez, Council Position No. 6 Kim-Khánh Vڣn, Council Position No. 7 (attended virtually) Councilmembers Absent: ADMINISTRATIVE STAFF PRESENT Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer Shane Moloney, City Attorney Jason Seth, City Clerk Martin Pastucha, Public Works Administrator Kari Roller, Finance Department Administrator Maryjane Van Cleave, Parks & Recreation Department Administrator Young Yoon, IT Director Laura Pettitt, Communications & Engagement Director Amanda Free, Economic Development Director Eric Perry, Government Affairs Manager Stephanie Rary, Property Services Specialist Commander Steve Morris, Police Department Attended Remotely: AGENDA ITEM #5. a) December 1, 2025 REGULAR COUNCIL MEETING MINUTES Judith Subia, Chief of Staff Ron Straka, Public Works Utility Systems Director SPECIAL PRESENTATION 2026 Legislative Priorities: Government Affairs Manager Eric Perry, and David Foster of Foster Government Relations provided an overview of the city's 2026 legislative priorities. Item of note included: x Budget and Fiscal Sustainability x Homelessness and Behavioral Health x Housing and Economic Development x Human Services x Public Safety and Criminal Justice x Environmental Sustainability x Parks, Recreation, and Trail Connectivity x Transportation and Infrastructure x Local Government PUBLIC HEARINGS Renton Regional Fire Authority (RRFA) Street Vacation Petition (VAC-25-001): This being the date set, and proper notices having been published and posted in accordance with local and state laws, Mayor Pavone opened the public hearing to consider the Renton Regional Fire Authority (RRFA) Street Vacation Petition, File No. VAC-25-001. Property Services Specialist Stephanie Rary reported the petition to vacate approximately 3,648 square feet was verified on October 22, 2025. She noted that there are no utilities within the unopened right-of-way and is needed in order for the RRFA to develop the property for a new fire station and maintenance building, which was approved in 2025 under Land Use Application number LUA-24-000373. She also noted that 227 square feet along SE 128th St will be dedicated to the city. Concluding, Ms. Rary displayed maps of the area, renderings of the proposed fire station and maintenance building, and reported that no comments or objections from city departments or outside agencies were received. She stated that the department's recommendation is to approve the petition, subject to the following condition: x Petitioner to provide an appraisal of the vacation area. Mayor Pavone called for public comments. There being no public comments or correspondence, it was MOVED BY ALBERSON, SECONDED BY PÉREZ, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL APPROVE THE PETITION AND APPROVE THE STAFF RECOMMENDATION TO DIRECT THE PETITIONER TO PROVIDE AN APPRAISAL OF THE VACATION AREA. CARRIED. AGENDA ITEM #5. a) December 1, 2025 REGULAR COUNCIL MEETING MINUTES Property Acquisition, Including through the Use of Eminent Domain, for King County Parcels 3023059096, 3023059098, 3023059099, and 3023059091 (AC-25-001): This being the date set and notices having been posted and published in accordance with state and local laws, Mayor Pavone opened the public hearing to consider the property acquisition, including through the use of eminent domain, for King County Parcels 3023059096, 3023059098, 3023059099, and 3023059091 (AC-25-001). Economic Development Director Amanda Free reported the area is 5.9 acres and is currently used by Compton Lumber. She noted that the site includes an office building, a shop building, paved parking, security fences, and outside storage areas. She stated that the proposed use for the site is a Parks Maintenance Shop and possible resource center on the vacant land south of the main building on the property. Ms. Free noted that a purchase and sale agreement for the four parcels was approved by Council on June 23, 2025, with an anticipated closing date of September 10, 2025. However, the property owner was unable to fulfill the agreement's obligations. She reported that the property owner has asked for additional time but at this time has not fulfilled all the obligations required by the agreement. She noted that the property owner then requested the city use its powers of eminent domain to purchase the property. Concluding, Ms. Free recommended authorization to adopt an ordinance authorizing acquisition of King County parcels 3023059096, 3023059098, 3023059099, and 3023059091 through the city's powers of eminent domain. She stated that the next steps are: x Continue to reach final agreement for property sale and conditions with the ownership. x Use of city's powers of eminent domain if unsuccessful at reaching agreement as requested by the property owners. x Enter into a new purchase and sale agreement. Mayor Pavone called for public comment. There being no public comment or correspondence, it was MOVED BY ALBERSON, SECONDED BY MCIRVIN, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL AUTHORIZE ADOPTION OF AN ORDINANCE AUTHORIZING ACQUISITION OF KING COUNTY PARCELS 3023059096, 3023059098, 3023059099, 3023059091 INCLUDING THROUGH THE USE OF EMINENT DOMAIN. CARRIED. ADMINISTRATIVE REPORT CAO Ed VanValey reviewed a written administrative report summarizing the City’s recent progress towards goals and work programs adopted as part of its business plan for 2025 and beyond. Items noted were: x Get ready for a full weekend of holiday fun! It all begins Friday, December 5 at Coulon Park with when Santa joins us at Coulon Park at 6:15 p.m. for the opening AGENDA ITEM #5. a) December 1, 2025 REGULAR COUNCIL MEETING MINUTES night of Clam Lights. Get your photo taken with the Jolly Elf, join a singalong, and enjoy the Parade of Boats and Argosy Christmas Ship. The holiday magic continues Saturday at Renton Technical College with Battle of the Badges Holiday Lights competition. Local public safety agencies, including our very own Renton Police Department will display their holiday spirit from 5:30 -8 p.m. Top off your weekend with or without your furry friend at the K9 Candy Cane 5K Fun Run and Walk along the Cedar River Trail, Sunday, December 7 at 9:15 a.m. Pre- register by visiting rentonwa.gov/k9register. Preventative street maintenance will continue to impact traffic and result in occasional street closures. x The Renton Civic Academy is back and accepting applications for the 2026 session. The free, eight-week program invites residents behind the scenes to learn about the responsibilities, operations, and decision-making process of City Departments. The Civic Academy is scheduled for Thursday evenings from 5:30-7:30 p.m., starting January 22nd. Seats are limited, apply today. For more information visit yourvoice.rentonwa.gov/civic-academy. x Information about preventative street maintenance, traffic impact projects, and road closures happening this week can be found at http://rentonwa.gov/traffic. All projects are weather permitting and unless otherwise noted, streets will always remain open. AUDIENCE COMMENTS x Maria Hudson, Bellevue, submitted documentation about human trafficking laws. x Melody Stahl, Renton, stated she frequents the nail shop at the Reserve Apartments and requested the city's assistant to stop the towing issues, especially the towing vehicles with disability placards, from happening at the complex. x Regina Weaver, Renton, submitted photographs of a utility room at the Reserve Apartment complex, and noted that she still does not have hot water. She noted that a maintenance person stated that a repair to a hot water tank is pending warranty work. x Matt Frazier, Renton, stated he owns a small business in downtown and requested that 3rd street be converted to two-way traffic, the whole downtown be closed on Sundays for set period of hours, and that the Farmers Market be moved into downtown again. x Nancy Quinn, Renton, stated she lives near Riverview Park and requested police and city support to remove a homeless encampment at the park. 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. Councilmember McIrvin requested that Item 7.g be removed for separate consideration. 7.a) Approval of Council Meeting minutes of November 24, 2025. Council Concur. AGENDA ITEM #5. a) December 1, 2025 REGULAR COUNCIL MEETING MINUTES 7.b) AB - 3994 Mayor Pavone recommended confirming his reappointment of Cassandra Baddeley to the Equity Commission with a term expiring December 31, 2028. Council Concur. 7.c) AB - 3995 Mayor Pavone recommended confirmation of his appointment of Matthew Woolcott to the Equity Commission with a term expiring December 31, 2028. Refer to Community Services Committee. 7.d) AB - 3985 Executive Services Department recommended execution of Amendment No. 5 to CAG-21-227 with Axon Enterprises, in the amount of $17,532,962.35 over the ten-year term of the agreement, for additional hardware, software, and services related to body worn cameras, fleet cameras, automatic-license plate readers, and other products. Refer to Finance Committee. 7.e) AB - 3967 Human Resources / Risk Management Department recommended execution of the city's 2026 liability insurance renewal once the implementing documents are ready. Refer to Finance Committee. 7.f) AB - 3997 Public Works Transportation Systems Division requested the reallocation of $3,400,000 in revenue from other projects within Fund 317 to the Rainier Ave S - Phase 4 (S 3rd St to NW 3rd Pl) project to address budget shortfall, which is the result of several factors including quantity overruns on progress payments, remaining change orders to the construction contract, and a supplement with the KPG Psomas, Inc., which extends the scope of work to provide continued support under the extended construction contract, and contingency. Refer to Finance Committee. 7.h) AB - 3993 Public Works Transportation Systems Division reported bid opening on October 17, 2025, for CAG-25-278, Oakesdale Ave SW Pavement Preservation project, and recommends awarding the contract to the lowest responsible and responsive bidder, ICON Materials, in the amount of $1,806,125. Council Concur. 7.i) AB - 3996 Public Works Utility Systems Division recommended execution of Flood Reduction Grant Agreement 4.25.09 with King County Flood Control District, to receive $479,000 for professional services associated with the design and construction of the Hardie Ave SW - SW 7th St Storm System Improvement project. Refer to Utilities Committee. MOVED BY ALBERSON, SECONDED BY PÉREZ, COUNCIL ADOPT THE CONSENT AGENDA MINUS ITEM 7.G. CARRIED. SEPARATE CONSIDERATION ITEM 7.g 7.g) AB - 3984 Public Works Transportation Systems Division recommends execution of a professional services agreement with KBA, Inc, in the amount of $183,654, for construction management services for the Maplewood Sidewalk Rehabilitation project. Refer to Transportation (Aviation) Committee. MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL APPROVE CONSENT AGENDA ITEM 7.G AS COUNCIL CONCUR. 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. AGENDA ITEM #5. a) December 1, 2025 REGULAR COUNCIL MEETING MINUTES 8.a) Committee of the Whole: Council President Alberson presented a report recommending concurrence in the staff recommendation to adopt the 2026 Legislative Agenda as presented. MOVED BY ALBERSON, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. 8.b) Utilities Committee: ŚĂŝƌsĉŶƉƌĞƐĞŶƚĞĚĂƌĞƉŽƌƚƌĞĐŽŵŵĞŶĚŝŶŐconcurrence in the staff recommendation to authorize the Mayor and City Clerk to execute Amendment No. 2 to CAG- 24-023 with WSP USA, Inc. in the amount of $543,411 for engineering services associated with the completion of the design of the Lind Ave SW Storm System Improvement Project. MOVED BY V׻N, SECONDED BY RIVERA, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. 8.c) Utilities Committee: ŚĂŝƌsĉŶƉƌĞƐĞŶƚĞĚĂƌĞƉŽƌƚƌĞĐŽŵŵĞŶĚŝŶŐĐŽŶĐƵƌƌĞŶĐĞŝŶƚŚĞƐƚĂĨĨ recommendation to authorize the Mayor and City Clerk to execute the agreement with Mead and Hunt, Inc. in the amount of $272,932.90, plus any applicable state and local taxes, for engineering services associated with the design of the Taylor Ave NW Storm System Phase II Project. MOVED BY V׻N, SECONDED BY RIVERA, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. 8.d) Transportation Committee: Chair McIrvin presented a report recommending concurrence in the staff recommendation to approve the transfer of leasehold interest in land, buildings and facilities at the Renton Airport from 540 Renton Hangar LLC to RNT 540 LLC. MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. 8.e) Transportation Committee: Chair McIrvin presented a report recommending in the staff recommendation to authorize the Mayor and City Clerk to execute Addendum 11-25 to LAG-99- 002 with RNT 540 LLC, which updates the Purpose of Use for the leased area, and updates Lessor’s and Lessee’s addresses. The Committee further recommends authorization for the Mayor and City Clerk to execute Addendum 1-25 to PAG-11-002 with RNT 750 LLC, which updates the acknowledgement of sublease and documents the Lessor as RNT 540 LLC. MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. 8.f) Transportation Committee: Chair McIrvin presented a report recommending concurrence in the staff recommendation to adopt the resolution authorizing the extension of the temporary Houser Way North street closure between Lake Washington Boulevard North and the Lowe’s business delivery access closure through May 15, 2026. MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. LEGISLATION Resolution: 9.a) Resolution No. 4571: A resolution of the City of Renton, Washington, Authorizing Temporary Full Street Closure of Houser Way North between Lake Washington Boulevard North and Lowe’s Business Access Road. AGENDA ITEM #5. a) December 1, 2025 REGULAR COUNCIL MEETING MINUTES MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Ordinances for first reading: 9.b) Ordinance No. 6178: An Ordinance of the City of Renton, Washington, providing for the acquisition of real property located in Renton, Washington, Tax Parcel Number 3023059096, 3023059098, 3023059099 and 3023059091, including through the exercise of eminent domain for a city maintenance facility and resource center; providing for severability; and establishing an effective date. MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. 9.c) Ordinance No. 6179: An ordinance of the City of Renton, Washington, amending Sections 4-3- 050, 4-11-030, 4-11-040, and 4-11-190 of the Renton Municipal Code; and amending the following subsections of Section 4-3-050: 4-3-050.A, 4-3-050.B.1, 4-3-050.C, 4-3-050.D.3, 4-3- 050.D.5.c, 4-3-050.E.3, 4-3-050.E.5, 4-3-050.E.6, 4-3-050.F, 4-3-050.G, 4-3-050.H.3, 4-3- 050.I.1, 4-3-050.I.3, 4-3-050.J.2.a, 4-3-050.J.4, 4-3-050.L.1.a, 4-3-050.L.1.b, 4-3-050.L.1.g, 4- 11-190.B; amending Critical Areas Regulations including adding standards for consistency with best available science and new definition in Section 4-11-030; Authorizing Corrections, providing for severability, and establishing an effective date. MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. Ordinances for second and final reading: 9.d) Ordinance No. 6174: An Ordinance of the City of Renton, Washington, extending the temporary waiver of parking fees for the City Center Parking Garage established by Ordinance No. 6139 for periods of up to 10 hours within the City’s City Center Parking Garage located at 655 South 2nd Street, providing for severability, and establishing an effective date. MOVED BY PÉREZ, SECONDED BY O'HALLORAN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. 9.e) Ordinance No. 6175: An Ordinance of the City of Renton, Washington, implementing statutory changes reflected in the October 2025 Revised Model Ordinance for Business and Occupation Tax by amending subsections 5-25-2.J.1 through 5-25-2.J.3, 5-25-2.J.5, 5-25-2.R.2, 5-25-2.Y, and 5-25-2.Z of the Renton Municipal Code by changing the taxation of certain activities from services to retail, authorizing corrections, providing for severability, and establishing an effective date. MOVED BY PÉREZ, SECONDED BY O'HALLORAN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. 9.f) Ordinance No. 6176: An Ordinance of the City of Renton, Washington, implementing statutory changes reflected in the revised business license model threshold ordinance, amending subsection 5-5-3.B of the Renton Municipal Code, adjusting the business license threshold exemption, authorizing corrections, providing for severability, and establishing an effective date. AGENDA ITEM #5. a) December 1, 2025 REGULAR COUNCIL MEETING MINUTES MOVED BY PÉREZ, SECONDED BY O'HALLORAN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. 9.g) Ordinance No. 6177: An Ordinance of the City of Renton, Washington, amending the City’s Comprehensive Plan to adopt the City’s new transportation element, authorizing corrections, providing for severability, and establishing an effective date. MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) Mayor Pavone called for nominations for 2026 Council President. Council President Alberson nominated Councilmember Pérez. There being no additional nominations, the nominations process was closed, and it was MOVED BY ALBERSON, SECONDED BY O'HALLORAN, COUNCIL ELECT COUNCILMEMBER PÉREZ AS 2026 COUNCIL PRESIDENT. CARRIED. Councilmember sĉŶ abstained. Mayor Pavone called for nominations for 2026 Council President Pro Tem. Councilmember Pérez nominated Councilmember McIrvin, and Councilmember sĉŶ nominated Councilmember Rivera. There being no additional nominations, the nomination process was closed. MOVED BY PÉREZ, SECONDED BY O’HALLORAN, COUNCIL TAKE A ROLL CALL VOTE TO DETERMINE THE 2026 COUNCIL PRESIDENT PRO TEM. CARRIED. Alberson: McIrvin Rivera: Rivera O’Halloran: McIrvin McIrvin: McIrvin Prince: McIrvin Pérez: McIrvin sĉŶ: Rivera Councilmember McIrvin elected as 2026 Council President Pro Tem. ADJOURNMENT MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL ADJOURN. CARRIED. TIME: 7:57 PM Jason A. Seth, MMC, City Clerk Jason Seth, Recorder 01 Dec 2025 AGENDA ITEM #5. a) December 1, 2025 REGULAR COUNCIL MEETING MINUTES AGENDA ITEM #5. a) Council Committee Meeting Calendar December 1, 2025 December 8, 2025 Monday 1:45 p.m. Community Services Committee, Chair O’Halloran Location: Council Conference Room/Videoconference 1. Equity Commission Appointment 2. Clam Lights and Winter Illuminations 3. Renton Regional Trails Initiative 4. Emerging Issues in Parks & Recreation 2:45 p.m. Finance Committee, Chair Pérez Location: Council Conference Room/Videoconference 1. Clam Lights and Winter Illuminations 2. Rainier Ave S Corridor Improvements - Phase 4 Project Budget Request 3. Amendment No. 5 to CAG-21-227 with Axon Enterprise for Axon Hardware, Software, and Services 4. Renewal of Liability Insurance Policies for 2026 5. Agreement with King County Flood Control District for the Award of Flood Reduction Grant Funds * 6. Vouchers 7. Emerging Issues in Finance 3:45 p.m. Public Safety Committee, Chair Rivera Location: Council Conference Room/Videoconference 1. Update on Animal Control Program 2. School Resource Officers Update 3. 5 th/6th Streets and Park Avenue Update 4. RRFA Briefing 5. Emerging Issues in Public Safety x Homeless Encampments 5:00 p.m. Committee on Committees, President Elect Location: Council Conference Room 1. 2026 Council Committee Assignments CANCELED Planning & Development Committee, Chair Prince 6:00 p.m. Committee of the Whole, Chair Alberson Location: Conferencing Center 1. Parks, Recreation, and Open Space (PROS) Plan Update 7:00 p.m. Council Meeting Location: Council Chambers/Videoconference * revised 12/02/2025 AGENDA ITEM #5. a) AB - 3998 City Council Regular Meeting - 08 Dec 2025 SUBJECT/TITLE:Agreed Dispute Resolution (CAG-25-257) RECOMMENDED ACTION: Council Concur DEPARTMENT: Community & Economic Development Department STAFF CONTACT: Paul Hintz, Redevelopment Manager EXT.: 7436 FISCAL IMPACT SUMMARY: The Contract Sum for the project is proposed to be increased by $322,652.00. SUMMARY OF ACTION: After award and the execution of the Contract (CAG-25-257) and prior to issuance of the Notice to Proceed (NTP) (November 13, 2025), Andersen Construction Company of Washington, LLC (“Contractor”) raised ambiguities in the contract regarding several bid items. The parties disputed the ambiguities raised. To resolve the dispute and expedite the resolution accommodating the tight timeline of the project, the parties agree to the resolution of the dispute as set forth in this Change Order #1. This Change Order #1 constitutes a settlement of the matters set forth in Exhibit A - Agreed Dispute Resolution. EXHIBITS: A. CAG-25-257 Change Order #1 Andersen Legacy Sq Ph 2 B. Legal Approval CAG-25-257 Change Order #1 Andersen Legacy Sq Ph 2 STAFF RECOMMENDATION: Staff recommends authorizing execution of Change Order 1 to CAG-25-257, contractor Andersen Construction Company of Washington, LLC, in the amount of $322,652, to resolve disputes regarding bid items. AGENDA ITEM #5. b) Change Order No. #01 Contract Title: Legacy Square Phase 2 Contract No. CAG-25-257 Page 1 of 4 Change Order No. 01 Contract Title: LEGACY SQUARE PHASE 2 Contractor: Andersen Construction Company of Washington, LLC Contract No. : CAG-25-257 Amount Substantial Completion Date Original Contract: $1,248,000.00 March 20, 2026 Current Contract: $1,248,000.00 March 20, 2026 Estimated Net Change This Order: $322,652.00 New Contract: $1,570,652.00 April 30, 2026 AGREED DISPUTE RESOLUTION THE CONTRACT IS MODIFIED AS FOLLOWS: The Parties agree that payment in the amount of $322,652.00 increasing the contract price not to exceed and to be paid in the contract process to Contractor to resolve all disputes regarding the items below, to clarify the Scope of Work, and to facilitate the expedited dispute resolution process. Description of Change: After award and the execution of the Contract (CAG-25-257) and prior to issuance of the Notice to Proceed (NTP) (November 13, 2025), Andersen Construction Company of Washington, LLC (“Contractor”) raised ambiguities in the contract regarding several bid items. The parties dispute the ambiguities raised. To resolve the dispute and expedite the resolution accommodating the tight timeline of the project the parties agree to the resolution of the dispute as set forth in this Change Order #1. This Change Order #1 constitutes a settlement of the matters set forth below. The following terms of the Contract are amended in all locations in the project manual as follows : 1. Notice to Proceed Date: Notice to Proceed was formally issued November 13, 2025. Contract Time in the contract will be adjusted to these dates. There will be no liquidated damages or AGENDA ITEM #5. b) Change Order No. #01 Contract Title: Legacy Square Phase 2 Contract No. CAG-25-257 Page 2 of 4 further cost adjustments to either party for this adjustment other than the additional total payment of $322,652.00 for this settlement. 2. Mobilization Date: The Mobilization to Site date is amended from October 20, 2025, to December 8, 2025. Contractor is required to mobilize per the Contract and may mobilize to the site at any time prior to December 8, 2025. Contract Time in the contract will be adjusted to these dates. There will be no liquidated damages or further cost adjustments to either party for this adjustment other than the additional total payment of $322,652.00 for this settlement. 3. Substantial Completion: The Substantial Completion Date of the Contract is amended from March 20, 2026, to April 30, 2026. Contract Time in the contract will be adjusted to these dates. There will be no liquidated damages or further cost adjustments to either party for this adjustment other than the additional total payment of $322,652.00 for this settlement. 4. Fire Suppression Sprinklers and Fire Alarm: The requirement for fire suppression sprinklers specified in the Issued for Construction (IFC) Plans (Sheets A5.01 and A9.02) is removed from the project. There will be no further reduction in the Contract amount for this amendment other than the additional total payment of $322,652.00 for this settlement. The requirement for a fire alarm, a fire alarm control panel, and fire alarm terminal cabinet specified in the Issued for Construction (IFC) Plans (Sheets G1.02, E0.01, E2.01, and AV0.00) is removed from the project. There will be no further reduction in the Contract amount for this amendment other than the additional total payment of $322,652.00 for this settlement. 5. Standing Seam Metal Roof and Wall Panels: As previously determined by the Architect on October 29, 2025, and confirmed by the City on November 3, 2025, Contractor’s proposed use of product from AEP Span for the “Standing Seam Metal Roof and Wall Panels” (Section 07 41 13) is denied. Contractor shall procure the material(s) specified in the Contract. AGENDA ITEM #5. b) Change Order No. #01 Contract Title: Legacy Square Phase 2 Contract No. CAG-25-257 Page 3 of 4 6. Integrated Audiovisual Systems and Equipment (“AV Package”): The Integrated Audiovisual Systems and Equipment (“AV Package”), as defined in Section 27 41 16 (Attachment A), shall be procured by Contractor and/or its subcontractor, and installed by said subcontractor, as specified in the Contract. Contractors proposed AV Package (Attachment B) shall be submitted for review pursuant to Section 01 30 00 (Administrative Requirements) to ensure the AV Package conforms to Section 27 41 16, and the subcontractor meets the requirements of Section 27 41 16, including but not limited to: 1.4 Contractor Qualifications 1.6 Submittals: x Schedule of Values x Non-equipment costs x Service Contract x System Enhancements x Contractor Resume x Project Approach 1.6.C: Installation Submittal 1.9 Performance Standards (Statement from proposed subcontractor affirming their system will meet the performance standards). The payment specified and agreed to in this Change Order includes every claim by the contractor for any extra payment with respect to the work described in this change order. There will be no further revision in the Contract amount for these amendments other than the additional total payment of $322,652.00 for this settlement. The work covered by this change order must be performed under the same terms and conditions as included in the original Contract. All the other terms of the original Contract remain in effect. AGENDA ITEM #5. b) Change Order No. #01 Contract Title: Legacy Square Phase 2 Contract No. CAG-25-257 Page 4 of 4 CITY OF RENTON By:_____________________________ CONTRACTOR By:____________________________ Armondo Pavone Mayor Name: Title: _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: __________________________ Shane Moloney City Attorney Brian Price COO and Presiden Seattle Region 12/1/2025 AGENDA ITEM #5. b) Definitions. ATTACHMENT A AGENDA ITEM #5. b) Definitions. AGENDA ITEM #5. b) AGENDA ITEM #5. b) 013000 - Administrative Requirements AGENDA ITEM #5. b) 013000 014000 - Quality Requirements AGENDA ITEM #5. b) AGENDA ITEM #5. b) AGENDA ITEM #5. b) Section 017800 - Closeout Submittals AGENDA ITEM #5. b) 017800 - Closeout Submittals AGENDA ITEM #5. b) AGENDA ITEM #5. b) AGENDA ITEM #5. b) AGENDA ITEM #5. b) AGENDA ITEM #5. b) AGENDA ITEM #5. b) AGENDA ITEM #5. b) AGENDA ITEM #5. b) AGENDA ITEM #5. b) AGENDA ITEM #5. b) Communications Horizontal Cabling. 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•ŝŵĞŶƐŝŽŶĂůKDĨŽƌs^ĐŽƉĞWƌŽǀŝĚĞĚ͘ WůĞĂƐĞůĞƚŵĞŬŶŽǁŝĨǇŽƵŚĂǀĞĂŶǇƋƵĞƐƚŝŽŶƐ͘/ĂŵĂǀĂŝůĂďůĞƚŽĚŝƐĐƵƐƐƚŚŝƐƉƌŽũĞĐƚĂƚ ǇŽƵƌĐŽŶǀĞŶŝĞŶĐĞ͘ ^ŝŶĐĞƌĞůǇ͕ WĂƌŬĞƌ'ŝůďĞƌƚƐŽŶ WƌŽũĞĐƚDĂŶĂŐĞƌ W'ŝůďĞƌƚƐŽŶΛĐŽĐŚƌĂŶŝŶĐ͘ĐŽŵ ŽĐŚƌĂŶ͕/ŶĐ͘ ϮϬϲͲϯϰϴͲϮϰϴϮ ATTACHMENT B AGENDA ITEM #5. b) >ĞŐĂĐǇ^ƋƵĂƌĞWŚĂƐĞϮϮ ƵĚŐĞƚ͗ •ůĞĐƚƌŝĐĂů>ƵŵƉ^ƵŵsĂůƵĞ͗ ΨϮϰϯ͕Ϯϭϲ •s>ƵŵƉƐƵŵΨϯϮϮ͕ϲϱϮ 'ƌĂŶĚdŽƚĂů͗ Ψϱϲϱ͕ϴϲϴ sKD͗ ůĞĐƚƌŝĐĂů>ƵŵƉ^ƵŵsĂůƵĞ͗ ΨϮϰϯ͕Ϯϭϲ •s>ƵŵƉƐƵŵΨϯϮϮ͕ϲϱϮ •ůĞĐƚƌŝĐĂů>ƵŵƉ^ƵŵsĂůƵĞ͗ ΨϮϰϯ͕Ϯϭϲ AGENDA ITEM #5. b) >ĞŐĂĐǇ^ƋƵĂƌĞWŚĂƐĞϮϯ /ŶĐůƵƐŝŽŶƐ͗ •ůĞĐƚƌŝĐĂůĂŶĚsƉĂƚŚǁĂǇƉĞƌĂŶĚsĚƌĂǁŝŶŐƐĞƚƐĚĂƚĞƐϬϴͬϮϵͬϮϱ •KŶĞͲzĞĂƌtĂƌƌĂŶƚǇĨƌŽŵƐƵďƐƚĂŶƚŝĂůĐŽŵƉůĞƚŝŽŶŽŶǁŽƌŬŵĂŶƐŚŝƉ͖ŵĂŶƵĨĂĐƚƵƌĞƌ͛ƐǁĂƌƌĂŶƚǇĂƉƉůŝĞƐƚŽƚŚĞ ŽĐŚƌĂŶͲƐƵƉƉůŝĞĚŵĂƚĞƌŝĂů͘ •WƌŝĐŝŶŐďĂƐĞĚŽŶĂϰϬͲŚŽƵƌǁŽƌŬǁĞĞŬĨƌŽŵKĐƚŽďĞƌƚŽ:ƵŶĞϮϬϮϱ͘WƌŽũĞĐƚƚŽďĞĐŽŵƉůĞƚĞĚŽǀĞƌĂϲͲŵŽŶƚŚ͘ ĂƌůǇǁŽƌŬƐŵŽďŝůŝǌĂƚŝŽŶŝƐĂƐƐƵŵĞĚ͕ƚŚĞŶĂƌĞƚƵƌŶƚŽƚŚĞĐŽŵƉůĞƚĞƉĞƌŝŽĚĚƵƌŝŶŐƚŚĂƚǁŝŶĚŽǁ͘ •ŽĐŚƌĂŶĂƐƐƵŵĞƐĂůŝŵŝƚĞĚƐŝƚĞƉƌĞƐĞŶĐĞĂƐǁŽƌŬǁŝůůďĞůŝŵŝƚĞĚĚƵƌŝŶŐƚŚĞ^ƚƌƵĐƚƵƌĞƐĞƋƵĞŶĐĞ •WĞƌŵŝƚĂŶĚ/ŶƐƉĞĐƚŝŽŶ͘ AGENDA ITEM #5. b) >ĞŐĂĐǇ^ƋƵĂƌĞWŚĂƐĞϮϰ ^ƉĞĐŝĨŝĐǆĐůƵƐŝŽŶƐ 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•KǀĞƌƚŝŵĞ͕ƐŚŝĨƚǁŽƌŬ͕ǁĞĞŬĞŶĚƐĂŶĚŚŽůŝĚĂǇƐ •^ĂůĞƐƚĂǆ AGENDA ITEM #5. b) >ĞŐĂĐǇ^ƋƵĂƌĞWŚĂƐĞϮϲ ůĂƌŝĨŝĐĂƚŝŽŶƐ •ŽĐŚƌĂŶ͕/ŶĐ͘ƌĞƐĞƌǀĞƐƚŚĞƌŝŐŚƚƚŽŶĞŐŽƚŝĂƚĞƐƉĞĐŝĨŝĐŝƚĞŵƐŽĨƚŚĞƐƵďĐŽŶƚƌĂĐƚŝĨĂǁĂƌĚĞĚƚŚŝƐƉƌŽũĞĐƚ͘ •EŽƚǁŝƚŚƐƚĂŶĚŝŶŐĂŶǇƉƌŽǀŝƐŝŽŶŚĞƌĞŝŶƚŽƚŚĞĐŽŶƚƌĂƌǇ͕ŝŶƚŚĞĞǀĞŶƚƚŚĂƚ͕ĚƵƌŝŶŐƚŚĞƉĞƌĨŽƌŵĂŶĐĞŽĨƚŚŝƐ ĂŐƌĞĞŵĞŶƚ͕ƚŚĞƉƌŝĐĞŽĨƌĂĐĞǁĂǇ͕ĨŝƚƚŝŶŐƐ͕ǁŝƌĞĂŶĚͬŽƌĂŶǇŽƚŚĞƌŶĞĐĞƐƐĂƌǇĐŽŵŵŽĚŝƚŝĞƐƐŝŐŶŝĨŝĐĂŶƚůǇ ŝŶĐƌĞĂƐĞƐ͕ƚŚƌŽƵŐŚŶŽĨĂƵůƚŽĨŽĐŚƌĂŶ͕/ŶĐ͕͘ƚŚĞƉƌŝĐĞŽĨĂŶǇŵĂƚĞƌŝĂůƐ͕ĐŽŵƉŽŶĞŶƚƐ͕ŽƌŐŽŽĚƐƚŽďĞ ĨƵƌŶŝƐŚĞĚƵŶĚĞƌƚŚŝƐĂŐƌĞĞŵĞŶƚƐŚĂůůďĞĞƋƵŝƚĂďůǇĂĚũƵƐƚĞĚďǇĂŶĂŵŽƵŶƚƌĞĂƐŽŶĂďůǇŶĞĐĞƐƐĂƌǇƚŽĐŽǀĞƌ ĂŶǇƐŝŐŶŝĨŝĐĂŶƚƉƌŝĐĞŝŶĐƌĞĂƐĞƐ͘ƐƵƐĞĚŚĞƌĞŝŶ͕ĂƐŝŐŶŝĨŝĐĂŶƚƉƌŝĐĞŝŶĐƌĞĂƐĞƐŚĂůůŵĞĂŶĂŶǇŝŶĐƌĞĂƐĞŝŶƉƌŝĐĞ ĞǆĐĞĞĚŝŶŐĨŝǀĞƉĞƌĐĞŶƚ;ϱйͿĞǆƉĞƌŝĞŶĐĞĚďǇŽĐŚƌĂŶ/ŶĐ͘ĨƌŽŵƚŚĞĚĂƚĞŽĨƚŚĞĞǆĞĐƵƚŝŽŶŽĨƚŚŝƐĂŐƌĞĞŵĞŶƚ͘ ^ƵĐŚƉƌŝĐĞŝŶĐƌĞĂƐĞƐƐŚĂůůďĞĚŽĐƵŵĞŶƚĞĚƚŚƌŽƵŐŚĐŽŵŵĞƌĐŝĂůƋƵŽƚĞƐ͕ŝŶǀŽŝĐĞƐ͕ƌĞĐĞŝƉƚƐŽƌŽƚŚĞƌƐƵĐŚ ĚŽĐƵŵĞŶƚĂƚŝŽŶ͘tŚĞƌĞƚŚĞĚĞůŝǀĞƌǇŽĨŵĂƚĞƌŝĂůƐ͕ĐŽŵƉŽŶĞŶƚƐ͕ŽƌŐŽŽĚƐƌĞƋƵŝƌĞĚƵŶĚĞƌƚŚŝƐĂŐƌĞĞŵĞŶƚŝƐ ĚĞůĂǇĞĚ͕ƚŚƌŽƵŐŚŶŽĨĂƵůƚŽĨŽĐŚƌĂŶ͕/ŶĐ͕͘ĂƐĂƌĞƐƵůƚŽĨƚŚĞƐŚŽƌƚĂŐĞŽƌƵŶĂǀĂŝůĂďŝůŝƚǇŽĨĐŽŵŵŽĚŝƚŝĞƐ͕ƌĂǁ 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( ' V F U H H Q PR Y H P H Q W L Q Z L Q G $9 /,(&+7(167(,1 /,(&+7(167(,1 $8 ' , 2 , 1 3 8 7 /5 38 6 + 38 6 + 3/ $ 7 ( ' ( 7 $ , / , 1 / 6 32 : ( 5 $ 0 3 / , ) , ( 5 ,1 3 8 7 2 8 7 3 8 7 /, 1 ( $8 ' , 2 ' 6 3 ,1 3 8 7 2 8 7 3 8 7 /, 1 ( $8 ' , 2 3$ 7 & + +1 $8 ' , 2 3$ 7 & + /, 1 ( /, 1 ( +1 +1 /5 ) /5 ) +' 0 , 0 $ 7 5 , ; 6 : , 7 & + ,1 3 8 7 2 8 7 3 8 7 +' 0 , +' 0 , 9(5 873 8 7 +' 0 , +' 0 , 0(5 873 8 7 +' 0 , 9, ' ( 2 3 5 2 & ( 6 6 2 5 ,1 3 8 7 2 8 7 3 8 7 +' 0 , 35 ( 9 , ( : 0 2 1 , 7 2 5 ,1 3 8 7 2 8 7 3 8 7 +' 0 , +' 0 , 9, ' ( 2 3 5 2 & ( 6 6 2 5 ,1 3 8 7 2 8 7 3 8 7 +' 0 , 35 2 3 5- 35 2 3 5- 72 7 67 $ * ( +' 0 , /, 1 ( /, 1 ( $9 1 72 7 3: 5 ' , 6 7 5 2 5 $ & . ,1 3 8 7 2 8 7 3 8 7 9 $ & &2 0 3 $ 1 < 6 : , 7 & + ,1 3 8 7 2 8 7 3 8 7 %< 2 7 + ( 5 6 &$ 0 3 + 3 2 : ( 5 &$ 0 +' 0 , +' 0 , &2 1 1 ( & 7 9 , $ , 1 3 $ 1 ( / ,1 ) , ; ( ' $ 9 5 $ & . 2, 1 7 ( 5 1 ( 7 1 , 1 $ 9 5 $ & . 7+ ( 5 6 &2 1 1 ( & 7 7 2 / $ 1 2 5 & $ % / ( 1( 7 : 2 5 . 3 ( 5 / 2 & $ / 35 2 9 , ' ( 5 6 5 ( 4 8 , 5 ( 0 ( 1 7 6 '$ , 6 < 0$ 1 8 5( 4 AB - 3999 City Council Regular Meeting - 08 Dec 2025 SUBJECT/TITLE:Agreement with Association of Washington Cities (AWC) Energy Audit Grant Subgrant Number: EAG26-05 RECOMMENDED ACTION: Council Concur DEPARTMENT: Public Works Facilities Division STAFF CONTACT: Jeff Minisci , Facilities Director EXT.: 425-430-6643 FISCAL IMPACT SUMMARY: The Public Works Department was awarded funding from the Association of Washington Cities, Energy Audit Program for Energy Audits of City-owned Buildings grant in the amount of $39,600.00 There is no grant match required for the acceptance of these funds. Authorization is requested for additional budget appropriations for the Facilities Division in the amount of $70,000 offset by additional grant revenues of $39,600 and will be included in the Q1 carryforward budget adjustment. SUMMARY OF ACTION: The City of Renton has been awarded a grant from AWC to conduct a Level 2 energy audit in order to comply with the State’s Clean Building Performance Standards. This audit will provide the city with detailed information on the energy use of the Renton Community Center and give us a better understanding of what is required to achieve compliance with the State’s performance standards. The cost of the audit is $39,600.00. The AWC Grant is a reimbursement grant. Staff will enter into a agreement with McKinstry to conduct the audit at a not to exceed cost of $39,600.00. EXHIBITS: A. Agreement STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to approve the agreement with Association of Washington Cities for a grant in the amount of $39,600.00 for Subgrant Number: EAG26-05 For Energy Audits for Renton Community Center AGENDA ITEM #5. c) Subgrant Agreement with City of Renton through AWC Energy Audit Grant Program Subgrant Number:EAG26-05 For Energy Audits of City-owned Buildings The Energy Retrofits and Solar Power for Public Buildings program is supported with funding from Washington’s Climate Commitment Act. The CCA supports Washington’s climate action efforts by putting cap-and-invest dollars to work reducing climate pollution, creating jobs, and improving public health. Information about the CCA is available at www.climate.wa.gov. Tuesday, July 1, 2025 AGENDA ITEM #5. c) ________________________________________________________________________________________________________ Page 2 of 17 Face sheet Subgrant Number: EAG26-05 AWC Energy Audit Grant Program 1. Subgrantee 2. Subgrantee Doing Business As (as applicable) City of Renton 3. Subgrantee Representative 4. AWC Representative Jeffrey Minisci Facilities Director jminisci@rentonwa.gov Brianna Morin Legislative Policy Analyst briannam@awcnet.org 5. Subgrant Amount 6. Start Date 7. End Date $39,600 July 1, 2025 March 31, 2026 8. Uniform Business Identifier 177-000-094 9. Subgrant Purpose The purpose of the grant is to: x Assist cities who own Tier 1 and Tier 2 covered buildings in completing energy audits. x Collect data on the costs for cities to comply with the state’s Clean Buildings Performance Standard (CBPS). AWC and the Subgrantee, as defined above, acknowledge and accept the terms of this Subgrant and attachments and have executed this Subgrant on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Subgrant are governed by this Subgrant and the following other documents incorporated by reference: Subgrantee General Terms and Conditions including Attachment “A” – Scope of Work; Attachment “B” – Budget & Budget Narrative; Attachment “C” – Reporting Requirements. This Subgrant shall be effective upon signature by both Parties (“Start Date”). The term (“Term”) of this Subgrant shall begin on the Start Date and end on the End Date. This Subgrant shall remain in effect until such time as it is terminated as provided herein. FOR SUBGRANTEE FOR AWC Hon. Armondo Pavone, Mayor Date Jason Seth, City Clerk Date Deanna Dawson, CEO Date AGENDA ITEM #5. c) ________________________________________________________________________________________________________ Page 3 of 17 Special terms and conditions 1. SUBGRANT 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 Subgrant. The Representative for AWC and their contact information are identified on the Face Sheet of this Subgrant. The Representative for the Subgrantee and their contact information are identified on the Face Sheet of this Subgrant. 2. ACKNOWLEDGEMENT OF CLIMATE COMMITMENT ACT FUNDING This Subgrant is funded through grant funds provided to the AWC from the Washington State Department of Commerce (“Commerce”) from Washington’s Climate Commitment Act (“CCA”) appropriated pursuant to Sec. 1002. 2023 c 474 s 1007, providing funding for 2023-25 Energy Retrofits and Solar Power for Public Buildings to the AWC to fund energy audits on city-owned tier 1 and tier 2 covered buildings and collect and manage data on the costs for cities to comply with the requirements of RCW 19.27A.210 and 19.27A.250. This Subgrant is funded in whole by funds provided to AWC under the CCA pursuant to Commerce Grant Number 24-92601-012, dated July 29, 2024 (the “Commerce Grant”), as a subgrant of the Commerce Grant, Subgrantee agrees that any website, announcement, press release, and/or publication (written, visual, or sound) used for media-related activities, publicity, and public outreach issued by or on behalf of Subgrantee which reference programs or projects funded in whole or in part with Washington’s Climate Commitment Act (CCA) funds under this Subgrant, shall contain the following statement: “The Energy Retrofits and Solar Power for Public Buildings program is supported with funding from Washington’s Climate Commitment Act. The CCA supports Washington’s climate action efforts by putting cap-and-invest dollars to work reducing climate pollution, creating jobs, and improving public health. Information about the CCA is available at www.climate.wa.gov.” The Subgrantee agrees to ensure coordinated CCA branding on work completed by or on behalf of the Subgrantee. The CCA logo must be used in the following circumstances, consistent with the branding guidelines posted at CCA brand toolkit, including: A. Any project related website or webpage that includes logos from other funding partners; B. Any publication materials that include logos from other funding partners; C. Any on-site signage including pre- and during Construction signage and permanent signage at completed project sites; and D. Any equipment purchased with CCA funding through a generally visible decal. 3. COMPENSATION Funds under this Subgrant may only be used to pay for eligible services described in the AWC-approved Scope of Work (Attachment A). AWC shall pay, solely from and to the extent of funds received from Commerce under the Commerce Grant, an amount not to exceed $39,600 for the performance of all things necessary for or incidental to the performance of work as set forth in the Scope of Work (Attachment A), within the Budget (Attachment B). Subgrantee's compensation for services rendered shall be based on the terms of the Scope of Work and Budget (Attachment B). If Subgrantee is unable to meet the requirements of this Subgrant for any reason during the Term of the Subgrant, the Subgrantee shall immediately notify AWC to negotiate a revised Scope of Work and Budget subject to AWC’s approval. In the event state funds appropriated for the Scope of Work contemplated under this Subgrant are withdrawn, reduced, or limited in any way by the Governor or the Washington State Legislature, the parties hereto shall be bound by any such revised funding limitations as implemented at the discretion of Commerce, and the parties hereto shall meet and renegotiate the Subgrant accordingly. AWC makes no commitment of future support of Subgrantee and assumes no obligation for future support of the Scope of Work except as specifically provided for in this Subgrant. AGENDA ITEM #5. c) ________________________________________________________________________________________________________ Page 4 of 17 4. BILLING PROCEDURES AND PAYMENT AWC will pay Subgrantee upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for AWC. Final invoices for the state fiscal year ending June 30 may be due sooner; AWC will provide notification of the end of fiscal year due date. The invoice, including any attachments to the invoice, shall describe and document, to AWC's satisfaction, a description of the work performed, the progress of the project, and fees. If Commerce requires any additional detail, including any additional documentation, regarding work performed, progress of the project and fees, Subgrantee shall provide such additional detail and documentation. Each invoice shall include a “Cost Certification” of an Authorized Representative of the Subgrantee that invoiced amounts include only eligible amounts under this Subgrant and that Subgrantee has satisfied all requirements in the Scope of Work due to date. The invoice shall include the Grant Number EAG26-05. 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. Payment shall be considered timely if made by AWC within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Subgrantee. AWC may, in its sole discretion, terminate the Subgrant or withhold payments claimed by the Subgrantee for services rendered if the Subgrantee fails to satisfactorily comply with any term or condition of this Subgrant. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by AWC. Duplication of billed costs The Subgrantee shall not bill AWC for services performed under this Agreement, and AWC shall not pay the Subgrantee, if the Subgrantee is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed costs The Subgrantee is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subgrantees. AWC may, in its sole discretion, withhold ten percent (10%) from each payment until acceptance by AWC of the final report (or completion of the project, etc.). 5. SUBGRANTEE DATA COLLECTION Subgrantee will submit reports, in a form and format to be provided by AWC, regarding work under this Subgrant performed by subgrantees and the portion of Subgrant funds expended for work performed by subgrantees, including but not necessarily limited to minority-owned, woman-owned, and veteran-owned business subgrantees. “Subgrantees” shall mean subgrantees of any tier. Subgrantee shall provide reports to AWC as set forth in the Reporting Requirements (Attachment C) 6. SUBGRANTEE’S PROPRIETARY INFORMATION The Subgrantee acknowledges that AWC is subject to chapter 42.56 RCW, the Public Records Act, and AWC acknowledges that the Subgrantee is subject to Chapter 42.56 RCW, the Public Records Act, and that this Subgrant will be a public record as defined in chapter 42.56 RCW. Any specific information that is claimed by the Subgrantee to be Proprietary Information must be clearly identified as such by the Subgrantee. To the extent consistent with chapter 42.56 RCW, AWC will maintain the confidentiality of the Subgrantee’s information in its possession that is marked Proprietary. If a public disclosure request is made to view the Subgrantee’s Proprietary Information, AWC will notify the Subgrantee of the request and of the date that such records will be released to the requester unless the Subgrantee obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the Subgrantee fails to obtain the court order enjoining disclosure, AWC will release the requested information on the date specified. 7. INSURANCE The Subgrantee shall provide insurance coverage as set out in this section or shall provide self-insurance as set forth in Section 8. The intent of the required insurance is to protect AWC should there be any claims, suits, actions, costs, AGENDA ITEM #5. c) ________________________________________________________________________________________________________ Page 5 of 17 damages or expenses arising from any loss, or negligent or intentional act or omission of the Subgrantee or agents of either, while performing under the terms of this Subgrant. Failure to maintain the required insurance coverage may result in termination of this Subgrant. 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 AWC, 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 Subgrantee shall provide AWC thirty (30) calendar days’ advance notice of any insurance cancellation, non-renewal or modification. The Subgrantee shall submit to AWC within fifteen (15) calendar days of a written request by AWC, a certificate of insurance which outlines the coverage and limits defined in this insurance section. During the term of the Subgrant, if required or requested, the Subgrantee shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. The Subgrantee shall provide, at AWC’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 AWC will be provided thirty (30) days’ advance written notice of cancellation. The Subgrantee shall provide insurance coverage that shall be maintained in full force and effect during the term of this Subgrant, 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 Subgrant activity but no less than $1,000,000 per occurrence. Additionally, the Subgrantee is responsible for ensuring that any Subgrantees provide adequate insurance coverage for the activities arising out of subgrants. Cyber Liability Insurance: The Subgrantee shall maintain Cyber Liability Insurance. The Subgrantee shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all activities by the Subgrantee and licensed staff employed or under contract to the Subgrant. AWC, its agents, officers, and employees need not be named as additional insureds under this policy. Automobile Liability. In the event that performance pursuant to this Subgrant involves the use of vehicles, owned or operated by the Subgrantee, automobile liability insurance shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. Professional Liability, Errors and Omissions Insurance. The Subgrantee shall maintain Professional Liability or Errors and Omissions Insurance. The Subgrantee shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all activities by the Subgrantee and licensed staff employed or under Subgrant to the Subgrantee. AWC, its agents, officers, and employees need not be named as additional insureds under this policy. Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf of the Subgrantee for the purpose of receiving or depositing funds into program accounts or issuing financial documents, checks, or other instruments of payment for program costs shall be insured to provide protection against loss: A. The amount of fidelity coverage secured pursuant to this Subgrant shall be $100,000 or the highest of planned reimbursement for the Subgrant period, whichever is lowest. Fidelity insurance secured pursuant to this paragraph shall name AWC Commerce as beneficiary. B. Subgrantees that receive $10,000 or more per year in funding through this Subgrant shall secure fidelity insurance as noted above. Fidelity insurance secured by Subgrantees pursuant to this paragraph shall name AWC and Commerce as beneficiary. 8. SELF-INSURANCE PROGRAMS Subgrantees may maintain a program of self-insurance or participate in a property/liability pool with adequate limits to comply with the Subgrant insurance requirements or as is customary to the contractor or Subgrantee’s business, operations/industry, and the performance of its respective obligations under this Subgrant. AGENDA ITEM #5. c) ________________________________________________________________________________________________________ Page 6 of 17 AWC may waive the requirement to be specially named as an additional insured on policies, including Public Liability and Business Automobile, provided that the Subgrantee provides: (1) a description of its self-insurance program, and (2) a certificate and/or letter of coverage that outlines coverage limits and deductibles. All self-insured risk management programs or self-insured/liability pools must comply with RCW 48.62, the requirements of the Office of Risk Management and Local Government Self Insurance Program, the Washington State Auditor’s reporting requirements and all related federal and state regulations. Subgrantees participating in a joint risk pool shall maintain sufficient documentation to support the aggregate claim liability information reported on the balance sheet. AWC, its agents, and employees need not be named as additional insured under a self-insured property/liability pool, if the pool is prohibited from naming third parties as additional insured. 9. FRAUD AND OTHER LOSS REPORTING Subgrantee shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Subgrant immediately or as soon as practicable to the AWC Representative identified on the Face Sheet. 10. ORDER OF PRECEDENCE In the event of an inconsistency in this Subgrant, the inconsistency shall be resolved by giving precedence in the following order: xx Applicable federal and state of Washington statutes and regulations x Special Terms and Conditions x General Terms and Conditions x Attachment A – Scope of Work x Attachment B – Budget x Attachment C – Reporting Requirements AGENDA ITEM #5. c) ________________________________________________________________________________________________________ Page 7 of 17 General terms and conditions 1. DEFINITIONS As used throughout this Subgrant, the following terms shall have the meaning set forth below: A. “Authorized Representative” shall mean the Subgrantee’s duly authorized representative and/or the designee duly authorized in writing to act on such representative’s behalf. B. “AWC” shall mean the Association of Washington Cities. C. “Subgrant” means the entire written agreement between AWC and the Subgrantee, including any Exhibits, documents, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this Subgrant shall be the same as delivery of an original. D. “Subgrantee” shall mean the entity identified on the face sheet performing service(s) under this Subgrant, and shall include all employees and agents of the Subgrantee. 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, and “Protected Health Information” under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). F. “State” shall mean the state of Washington. G. "Agent" shall mean one not in the employment of the Subgrantee, who is performing all or part of those services under this Subgrant under a separate Contract with the Subgrantee. The terms “agent” mean subgrantee/subcontractor(s) in any tier. 2. ACCESS TO DATA The Subgrantee shall provide access to data generated under this Subgrant to AWC, Commerce, the Joint Legislative Audit and Review Committee, and the Office of the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the Subgrantee’s reports, including computer models and the methodology for those models. 3. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Subgrant shall be made by AWC. 4. ALL WRITINGS CONTAINED HEREIN This Subgrant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Subgrant shall be deemed to exist or to bind any of the parties hereto. 5. AMENDMENTS This Subgrant 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. 6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the “ADA” 28 CFR Part 35 The Subgrantee 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. 7. ASSIGNMENT Neither this Subgrant, nor any claim arising under this Subgrant, shall be transferred or assigned by the Subgrantee without prior written consent of AWC. 8. ATTORNEYS’ FEES Unless expressly permitted under another provision of the Subgrant, in the event of litigation or other action brought to enforce Subgrant terms, each party agrees to bear its own attorneys’ fees and costs. 9. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. “Confidential Information” as used in this section includes: i. All material provided to the Subgrantee by AWC that is designated as “confidential” by AWC; ii. All material produced by the Subgrantee that is designated as “confidential” by AWC; and AGENDA ITEM #5. c) ________________________________________________________________________________________________________ Page 8 of 17 iii. All Personal Information in the possession of the Subgrantee that may not be disclosed under state or federal law. B. The Subgrantee shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Subgrantee shall use Confidential Information solely for the purposes of this Subgrant and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of AWC or as may be required by law. The Subgrantee 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 Subgrantee shall provide AWC with its policies and procedures on confidentiality. AWC may require changes to such policies and procedures as they apply to this Subgrant whenever AWC reasonably determines that changes are necessary to prevent unauthorized disclosures. The Subgrantee shall make the changes within the time period specified by AWC. Upon request, the Subgrantee shall immediately return to AWC any Confidential Information that AWC reasonably determines has not been adequately protected by the Subgrantee against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Subgrantee shall notify AWC 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. 10. CONFLICT OF INTEREST Subgrantee must maintain and comply with written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts. Subgrantee must comply with the following minimum requirements: D. No employee, officer, or agent may participate in the selection, award, or administration of a contract if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the Subgrantee may neither solicit nor accept gratuities, favors, or anything of monetary value from Subgrantees or parties to subcontracts and must comply with Chap. 42,23 RCW. However, Subgrantee may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the Subgrantee. E. If the Subgrantee has a parent, affiliate, or subsidiary organization that is not a state, local government, or federally recognized tribe, the Subgrantee must also maintain written standards of conduct covering organizational conflicts of interest. Organizational conflicts of interest means that because of relationships with a parent company, affiliate, or subsidiary organization, the Subgrantee is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. 11. COPYRIGHT Unless otherwise provided, all Materials produced under this Subgrant 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 Subgrantee 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 Subgrant, but that incorporate pre-existing materials not produced under the Subgrant, the Subgrantee hereby grants to AWC and 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 Subgrantee warrants and represents that the Subgrantee has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to Commerce. The Subgrantee shall exert all reasonable effort to advise AWC, at the time of delivery of Materials furnished under this Subgrant, 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 Subgrant. The Subgrantee shall provide AWC with prompt written notice of each notice or claim of infringement received by the Subgrantee with respect to any Materials delivered AGENDA ITEM #5. c) ________________________________________________________________________________________________________ Page 9 of 17 under this Subgrant. AWC and Commerce shall have the right to modify or remove any restrictive markings placed upon the Materials by the Subgrantee. 12. DISPUTES In the event that a dispute arises under this Subgrant, the parties will use their best efforts to amicably resolve any dispute, including use of alternative dispute resolution options. In the event that a dispute arises under the Commerce Grant, Subgrant shall cooperate with AWC in resolving the dispute thereunder, providing documentation and other information as requested by AWC. In the event that Commerce seeks to enforce Subgrant’s obligations hereunder, Subgrantee shall use its best efforts to amicably resolve such dispute, including use of alternative dispute resolution options. 13. DUPLICATE PAYMENT AWC shall not pay the Subgrantee, if the Subgrantee has charged or will charge the State of Washington or any other party under any other Subgrant or agreement, for the same services or expenses. 14. GOVERNING LAW AND VENUE This Subgrant 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. 15. INDEMNIFICATION To the fullest extent permitted by law, the Subgrantee shall indemnify, defend, and hold harmless the state of Washington, Commerce, AWC, agencies of the state and all officials, agents and employees of the state and AWC, from and against all claims for injuries or death arising out of or resulting from the performance of the Subgrant. “Claim” as used in this Subgrant, means any financial loss, claim, suit, action, damage, 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 Subgrantee’s obligation to indemnify, defend, and hold harmless includes any claim by Subgrantee’s agents, employees, representatives, or any subgrantee or its employees. The Subgrantee’s obligation shall not include such claims that may be caused by the sole negligence of the State or AWC or their agencies, officials, agents, and employees. If the claims or damages are caused by or result from the concurrent negligence of (a) the State, AWC or their agents or employees and (b) the Subgrantee, its subcontractors, agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subgrantee or its subgrantees, agents, or employees. The Subgrantee 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. 16. INDEPENDENT CAPACITY OF THE SUBGRANTEE The parties intend that an independent Subgrantee relationship will be created by this Subgrant. The Subgrantee and its employees or agents performing under this Subgrant are not employees or agents of the state of Washington, Commerce, or AWC. The Subgrantee will not hold itself out as or claim to be an officer or employee of Commerce, AWC, or of the state of Washington by reason hereof, nor will the Subgrantee 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 Subgrantee. 17. INDUSTRIAL INSURANCE COVERAGE The Subgrantee shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Subgrantee fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, AWC may collect from the Subgrantee the full amount payable to the Industrial Insurance Accident Fund. AWC may deduct the amount owed by the Subgrantee to the accident fund from the amount payable to the Subgrantee by AWC under this Subgrant, 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 Subgrantee. 18. LAWS The Subgrantee shall comply with all applicable laws, ordinances, codes, regulations and policies of local, state, and federal governments, as now or hereafter amended. AGENDA ITEM #5. c) ________________________________________________________________________________________________________ Page 10 of 17 19. LICENSING, ACCREDITATION AND REGISTRATION The Subgrantee shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Subgrant. 20. LIMITATION OF AUTHORITY Only the Chief Executive Officer of AWC or the CEO’s delegate by writing (delegation 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 Subgrant. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this Subgrant is not effective or binding unless made in writing and signed by the Authorized Representative and the Chief Executive Officer of AWC or the CEO’s delegate. 21. NONDISCRIMINATION A. Nondiscrimination Requirement. During the performance of this Subgrant, the SUBGRANTEE, including any subcontractor, shall comply with all federal, state, and local nondiscrimination laws, regulations and policies, this shall include but not be limited to the following: SUBGRANTEE, including any subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, SUBGRANTEE, including any subcontractor, shall give written notice of this nondiscrimination requirement to any labor organizations with which SUBGRANTEE, or subcontractor, has a collective bargaining or other agreement. The funds provided under this Subgrant shall 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 Subgrant. B. Obligation to Cooperate. SUBGRANTEE, including any subcontractor, shall cooperate and comply with any Washington state agency investigation regarding any allegation that SUBGRANTEE, including any subcontractor, has engaged in discrimination prohibited by this Agreement pursuant to RCW 49.60.530(3). C. Default. Notwithstanding any provision to the contrary, AWC or COMMERCE may suspend SUBGRANTEE, including any subcontractor, upon notice of a failure to participate and cooperate with any state agency investigation into alleged discrimination prohibited by this Contract, pursuant to RCW 49.60.530(3). Any such suspension will remain in place until AWC and COMMERCE receive notification that SUBGRANTEE, including any subcontractor, is cooperating with the investigating state agency. In the event SUBGRANTEE, or subcontractor, is determined to have engaged in discrimination identified at RCW 49.60.530(3), AWC or COMMERCE may terminate this Subgrant in whole or in part, and SUBGRANTEE, subcontractor, or both, may be referred for debarment as provided in RCW 39.26.200. SUBGRANTEE or subcontractor may be given a reasonable time in which to cure this noncompliance, including implementing conditions consistent with any court- ordered injunctive relief or settlement agreement. D. Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Subgrant termination or suspension for engaging in discrimination, SUBGRANTEE, subcontractor, or both, shall be liable for contract damages as authorized by law including, but not limited to, any cost difference between the original Subgrant and the replacement or cover Subgrant and all administrative costs directly related to the replacement Subgrant, e.g., cost of the competitive bidding, mailing, advertising and staff time , which damages are distinct from any penalties imposed under Chapter 49.60, RCW. SUBGRANTEE may also be required to repay subgrant funds pursuant to Section 25 (Recapture) of the General Terms & Conditions if the Agreement is terminated based on a violation of the nondiscrimination requirement. AWC shall have the right to deduct from any monies due to SUBGRANTEE or subcontractor, or that thereafter become due, an amount for damages SUBGRANTEE or subcontractor will owe AWC for default under this provision. 22. PAY EQUITY The Subgrantee agrees to ensure that “similarly employed” individuals in its workforce are compensated as equals, consistent with the following: A. 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; B. Subgrantee 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. AGENDA ITEM #5. c) ________________________________________________________________________________________________________ Page 11 of 17 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 Subgrant may be terminated by the AWC, if AWC, Commerce, or the Department of Enterprise Services determines that the Subgrantee is not in compliance with this provision. 23. POLITICAL ACTIVITIES Political activity of Subgrantee’s employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17A RCW. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 24. PUBLICITY The Subgrantee agrees not to publish or use any advertising or publicity materials in which the state of Washington, AWC, or Commerce’s name is mentioned, or language used from which the connection with the state of Washington’s, AWC’s or Commerce’s name may reasonably be inferred or implied, without the prior written consent of AWC. 25. RECAPTURE In the event that the Subgrantee fails to perform this Subgrant in accordance with state laws, federal laws, and/or the provisions of this Subgrant, AWC reserves the right to recapture funds in an amount to compensate AWC for the noncompliance (including recaptured amounts AWC is required to provide to Commerce under the Commerce Grant) in addition to any other remedies available at law or in equity. Repayment by the Subgrantee of funds under this recapture provision shall occur within the time period specified by AWC. In the alternative, AWC may recapture such funds from payments due under this Subgrant. 26. RECORDS MAINTENANCE The Subgrantee shall maintain books, records, documents, data and other evidence relating to this Subgrant 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 Subgrant. The Subgrantee 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 Subgrant, shall be subject at all reasonable times to inspection, review or audit by AWC, personnel duly authorized by AWC, 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. 27. REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the Subgrantee shall complete registration with the Washington State Department of Revenue. 28. RIGHT OF INSPECTION The Subgrantee shall provide right of access to its facilities to AWC, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Subgrant. 29. SAVINGS In the event funding for this Subgrant from Commerce or any other state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Subgrant and prior to normal completion, AWC may suspend or terminate the Subgrant under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Subgrant may be amended to reflect the new funding limitations and conditions. AGENDA ITEM #5. c) ________________________________________________________________________________________________________ Page 12 of 17 30. SEVERABILITY The provisions of this Subgrant 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 Subgrant. 31. SITE SECURITY While on AWC premises, Subgrantee, its agents, employees, or subgrantees shall conform in all respects with physical, fire or other security policies or regulations. 32. SUBGRANTING/SUBCONTRACTING The Subgrantee may only subgrant/subcontract with an outside Agent contemplated under this Subgrant if it obtains the prior written approval of AWC. If AWC approves subgranting/subcontracting, the Subgrantee shall maintain written procedures related to subgranting, as well as copies of all subgrants/subcontract and records related to subgrants/subcontracts. For cause, AWC in writing may: (a) require the Subgrantee to amend its subgranting/subcontracting procedures as they relate to this Subgrant; (b) prohibit the Subgrantee from subgranting/subcontracting with a particular person or entity; or (c) require the Subgrantee to rescind or amend a subgrant/subcontract. Every subgrant/subcontract shall bind the Subgrantee/Subcontractor to follow all applicable terms of this Subgrant. The Subgrantee is responsible to AWC if the Subgrantee/Subcontractor fails to comply with any applicable term or condition of this Subgrant. The Subgrantee shall appropriately monitor the activities of the Subgrantee/Subcontractor to assure fiscal conditions of this Subgrant. In no event shall the existence of a subgrant/subcontract operate to release or reduce the liability of the Subgrantee to AWC for any breach in the performance of the Subgrantee’s duties. Every subgrant/subcontract shall include a term that AWC, Commerce, and the State of Washington are not liable for claims or damages arising from a Subgrantee/Subcontractor’s performance of the subgrant/subcontract. 33. SURVIVAL The terms, conditions, and warranties contained in this Subgrant that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Subgrant shall so survive. 34. TAXES All payments accrued on account of payroll taxes, unemployment contributions, the Subgrantee’s income or gross receipts, any other taxes, insurance or expenses for the Subgrantee or its staff shall be the sole responsibility of the Subgrantee. 35. TERMINATION FOR CAUSE In the event AWC or Commerce determines the Subgrantee has failed to comply with the conditions of this Subgrant in a timely manner, AWC has the right to suspend or terminate this Subgrant. Before terminating the Subgrant, AWC shall notify the Subgrantee in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the Subgrant may be terminated. In the event of termination or suspension, the Subgrantee shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original Subgrant and the replacement or cover Subgrant and all administrative costs directly related to the replacement Subgrant, e.g., cost of the competitive bidding, mailing, advertising and staff time. AWC reserves the right to suspend all or part of the Subgrant, withhold further payments, or prohibit the Subgrantee from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Subgrantee or a decision by AWC or Commerce to terminate the Subgrant. A termination shall be deemed a “Termination for Convenience” if it is determined that the Subgrantee: (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 AWC and Commerce provided in this Subgrant are not exclusive and are, in addition to any other rights and remedies, provided by law or in equity, including terminating the Subgrant and/or instituting and prosecuting any proceeding at law or in equity to abate, prevent, or enjoin any such violation or to compel specific performance by Subgrantee of its obligations hereunder. AGENDA ITEM #5. c) ________________________________________________________________________________________________________ Page 13 of 17 36. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Subgrant, AWC may, by ten (10) business days’ written notice, beginning on the second day after the mailing, terminate this Subgrant, in whole or in part. If this Subgrant is so terminated, AWC shall be liable only for payment required under the terms of this Subgrant for services rendered or goods delivered prior to the effective date of termination. 37. TERMINATION PROCEDURES Upon termination of this Subgrant, AWC, in addition to any other rights provided in this Subgrant, may require the Subgrantee to deliver to Commerce any property specifically produced or acquired for the performance of such part of this Subgrant as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. AWC shall pay to the Subgrantee (solely from and to the extent of funds provided by Commerce for this purpose) the agreed upon price, if separately stated, for completed work and services accepted by Commerce, and the amount agreed upon by the Subgrantee 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 Director of Commerce 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 Subgrant. AWC may withhold from any amounts due the Subgrantee such sum as AWC determines to be necessary to protect AWC and 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 Subgrant. After receipt of a notice of termination, and except as otherwise directed by Commerce or the AWC, the Subgrantee shall: A. Stop work under the Subgrant on the date, and to the extent specified, in the notice; B. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Subgrant 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 Subgrantee under the orders and subgrants/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 subgrants/subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subgrants/subcontracts, with the approval or ratification of Commerce to the extent Commerce 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 Commerce any property which, if the Subgrant had been completed, would have been required to be furnished to Commerce; F. Complete performance of such part of the work as shall not have been terminated by Commerce; and G. Take such action as may be necessary, or as Commerce may direct, for the protection and preservation of the property related to this Subgrant, which is in the possession of the Subgrantee and in which Commerce has or may acquire an interest. 38. TREATMENT OF ASSETS Title to all property furnished by Commerce shall remain in Commerce. Title to all property furnished by the Subgrantee, for the cost of which the Subgrantee is entitled to be reimbursed as a direct item of cost under this Subgrant, shall pass to and vest in Commerce upon delivery of such property by the Subgrantee. Title to other property, the cost of which is reimbursable to the Subgrantee under this Subgrant, shall pass to and vest in Commerce upon (i) issuance for use of such property in the performance of this Subgrant, or (ii) commencement of use of such property in the performance of this Subgrant, or (iii) reimbursement of the cost thereof by AWC or Commerce in whole or in part, whichever first occurs. 1. Any property of AWC or Commerce furnished to the Subgrantee shall, unless otherwise provided herein or approved by AWC or Commerce, as applicable, be used only for the performance of this Subgrant. 2. The Subgrantee shall be responsible for any loss or damage to property of AWC or Commerce that results from the negligence of the Subgrantee or which results from the failure on the part of the Subgrantee to maintain and administer that property in accordance with sound management practices. 3. If any AWC or Commerce property is lost, destroyed or damaged, the Subgrantee shall immediately notify AWC or Commerce, as applicable, and shall take all reasonable steps to protect the property from further damage. AGENDA ITEM #5. c) ________________________________________________________________________________________________________ Page 14 of 17 4. The Subgrantee shall surrender to AWC all property of AWC and shall surrender to Commerce all property of Commerce prior to settlement upon completion, termination or cancellation of this Subgrant. 5. All reference to the Subgrantee under this clause shall also include Subgrantee’s employees, agents or Subgrantees/Subcontractors. 39. 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 Subgrant unless stated to be such in writing and signed by AWC. 40. THIRD PARTY BENEFICIARY Commerce is a third-party beneficiary of this Subgrant and shall have the right to enforce this Subgrant directly against the Subgrantee. AGENDA ITEM #5. c) ________________________________________________________________________________________________________ Page 15 of 17 Attachment A: Scope of Work Background The purpose of the grant is to assist cities who own Tier 1 and Tier 2 covered buildings in completing energy audits and collect data on the costs for cities to comply with the state’s Clean Buildings Performance Standard (CBPS). AWC will fully or partially fund eligible Tier 1 and Tier 2 buildings, based on availability of funding. Funding will be awarded only for the cost of the audit, on a reimbursement basis. Subgrantee responsibilities The subgrantee will contract with a qualified energy auditor to conduct an energy audit of the city’s qualifying buildings and submit reporting materials and invoicing as outlined in Attachment C. The audit will contain a detailed analysis of the existing systems. The audit will include an evaluation of the economic performance and investment value of the EEMs (payback calculation and/or LCCA), which will meet the requirements of the CBPS. x The auditor must be a qualified energy auditor, per Commerce’s specifications: o A person acting as the auditor of record, having training, expertise, and three years professional experience in building energy auditing, and any one of the following: A licensed professional architect or engineer A Building Energy Assessment Professional (BEAP) certified by the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) A Certified Energy Auditor (CEA) certified by the Association of Energy Engineers (AEE) x The auditor must complete an energy audit in accordance with Section 8 of the Washington State CBPS. The audit must: o Include an audit summary in accordance with Normative Annex Z6.4 Form D of the Washington State CBPS. o Verify energy savings calculations of each EEM. o Verify that the combined savings of multiple EEM accounts for interactive effects. o Verify individual EEM costs evaluated by the energy audit. o Certify that the energy savings of the package of EEMs meets or exceeds projected energy savings in accordance with Section 9 of the CBPS. o For Tier 1 buildings that will not meet the EUIt and will be pursuing compliance through the investment criteria, the energy audit shall be an ASHRAE level 2 audit and include a life cycle cost analysis of all evaluated EEMs in accordance with Normative Annex X of the CBPS. o For Tier 1 buildings, the audit will identify opportunities for EEMs that, if implemented, would either meet the EUIt for the building or meet the investment criteria requirements of Normative Annex X of the CBPS. x The auditor must complete a building improvement plan that includes: o A description of each Tier 1 or Tier 2 covered building and the building’s systems including the physical address, building owner authorized representative name and contact information, and, for Tier 1 buildings, the CBPS Building ID. o The baseline energy consumption for each facility, including the data, methodology and variables used to compute the baseline, and the baseline calendar period. The calendar period must not be shorter than twelve consecutive months and shall be from within the previous 2 years prior to the energy audit. o Recommendations for replacement of existing equipment, along with recommendations for improvements to existing equipment and operating conditions (EEMs). o For Tier 1 buildings, the recommended EEMs to be installed in order to achieve compliance with the EUIt or if complying through the investment criteria. The auditor shall check with the utility provider and provide rebate recommendations that align with identified EEMs. o The standards of comfort and service appropriate for the facility. AGENDA ITEM #5. c) ________________________________________________________________________________________________________ Page 16 of 17 o The estimated energy savings and energy cost savings that are expected from the installation of the energy efficiency equipment, and an explanation of the method or methods used to make the estimate. o The maximum allowable construction cost, itemized in detail. o Energy Use Intensity Calculations (Form C). Energy Star Portfolio Manager account for energy benchmarking, except buildings unable to meet Section 5.2, “Building Energy Monitoring” as referenced in Section Z6.3 of the CBPS. o For Tier 1 buildings, Energy Audit Forms (Form D) (Z6.4.1) and for buildings seeking compliance through the investment criteria, Annex X, Investment Criteria Tool (Form F) (Z6.5). The energy auditor will send the city the finalized audit and the building improvement plan. Energy audits will be conducted for the following city-owned buildings: 1. Renton Community Center Cedar River Park/1715 Maple Valley Highway, Renton, WA 98057 AGENDA ITEM #5. c) ________________________________________________________________________________________________________ Page 17 of 17 Attachment B: Budget Budget Grant amount: $39,600 Budget narrative Grant funds will be used to pay the costs of energy audits by a qualified energy auditor according to the following: x $39,600 for an energy audit of the Renton Community Center at Cedar River Park/1715 Maple Valley Highway, Renton, WA 98057 AGENDA ITEM #5. c) ________________________________________________________________________________________________________ Page 18 of 17 Attachment C: Reporting Requirements No later than March 31, 2026, the city must submit the following to AWC: Audits of Tier 1 buildings: x Invoice demonstrating payment for the audit x A completed building improvement plan for each building included in the audit, including: o Compliance pathway, if applicable o Performance metric for each building o Estimated cost of meeting the Energy Performance Metric o Estimated cost of developing and implementing an energy management plan, as required by the CBPS o Estimated cost of developing and implementing an operations and maintenance program, as required by the CBPS x A completed Form D Audit Report Audits of Tier 2 buildings: x Invoice demonstrating payment for the audit x A completed building improvement plan for each building included in the audit, including: o The identified Energy Efficiency Measures (EEMs) o Range of estimated costs to implement the EEMs o Estimated cost of developing and implementing an energy management plan, as required by the CBPS o Estimated cost of developing and implementing an operations and maintenance program, as required by the CBPS All work must be completed, and reports and reimbursement requests submitted, no later than March 31, 2026. 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