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HomeMy WebLinkAboutFinal Agenda Packet CITY OF RENTON AGENDA – REGULAR 7:00 PM - MONDAY, JANUARY 12, 2026 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way Please note that this regular meeting of the Renton City Council is being offered as a hybrid meeting and can be attended in person at the Council Chambers, 7th floor of City Hall, 1055 S Grady Way, Renton, 98057 or remotely through Zoom. For those wishing to attend by Zoom: Please (1) click this link https://us02web.zoom.us/j/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09 (or copy/paste the URL into a web browser) or (2) call-in to the Zoom meeting by dialing 253-215-8782 and entering 849 3807 2917 Passcode 156708, or (3) call 425-430-6501 by 5 p.m. on the day of the meeting to request an invite with a link to the meeting. Registration for Audience Comment: Registration will be open at all times, but speakers must register by 5 p.m. on the day of a Council meeting in order to be called upon. Anyone who registers after 5 p.m. on the day of the Council meeting will not be called upon to speak and will be required to re-register for the next Council meeting if they wish to speak at that next meeting. • Request to Speak Registration Form: o Click the link or copy/paste the following URL into your browser: https://forms.office.com/g/bTJUj6NrEE • You may also call 425-430-6501 or email jsubia@rentonwa.gov or cityclerk@rentonwa.gov to register. Please provide your full name, city of residence, email address and/or phone number, and topic in your message. • A sign-in sheet is also available for those who attend in person. Video on Demand: Please click the following link to stream Council meetings live as they occur, or to select previously recorded meetings: Renton Channel 21 Video on Demand OneMeeting Project Confirmation of Work 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATION A. Korean American History Day – January 13, 2026 4. ADMINISTRATIVE REPORT Administrative Report 5. AUDIENCE COMMENTS- All remarks must be addressed to the Council as a whole, if a response is requested please provide your name and address, including email address, to the City Clerk to allow for follow‐up. - Speakers must sign-up prior to the Council meeting. - Each speaker is allowed three minutes. - When recognized, please state your name & city of residence for the record.NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for or against any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED. 6. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Minutes of January 5, 2026. b) Community and Economic Development Department requests authorization to execute a Purchase and Sale Agreement for King County Parcel 1823059262 with Plutus 3, LLC, in the amount $1,000,000 plus an additional $40,000 for a title report and closing fees (total $1,040,000); and requests authorization for additional budget appropriations in the amount of $1,040,000 to be included in the 2026 Q1 Carryforward budget amendment. The property is currently used as a parking lot and is envisioned to connect the river walk, Burnett Linear North, and the Heart Block with safe pedestrian access. Refer to Finance Committee c) Finance Department recommends execution of a three-year agreement with PFM Management, in an amount not to exceed $600,000 over the life of the contract, for full-time investment consulting and portfolio management support. Refer to Finance Committee d) Police Department recommends execution of an Interagency Agreement with the Washington State Traffic Safety Commission to accept $4,000 in grant funds to increase law enforcement participation in traffic safety enforcement and to serve as a resource for the region’s Target Zero manager. Refer to Finance Committee 7. UNFINISHED BUSINESS a. Community Services Committee: 1) Appointments to the Renton Municipal Arts Commission b. Finance Committee: 1) Vouchers; 2) Renton PD Roof Lease - Cascade Village c. Planning & Development Committee: 1) Appointment to the Planning Commission 8. LEGISLATION Ordinance(s) for second and final reading: a. Ordinance No. 6180: Amending RMC 10-13-2 (Commute Trip Reduction Plan) (First Reading 1/5/2026) 9. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 10. EXECUTIVE SESSION & ADJOURNMENT To discuss litigation per RCW 42.30.110.1.(i) for approximately 20 minutes Armondo Pavone Mayor WHEREAS,Korean American History Day is dedicated to honoring the significant contributions of Korean Americans in the United States;and WHEREAS,this day recognizes the arrivat of the first Korean immigrants to the United States in 1903;and WHEREAS,Korean American History Day was proclaimed by President George W.Bush in 2003 in celebration of the 1 00th anniversary of that first arrival;and WHEREAS,since the 1903 arrival,the Korean American community has made significant strides throughout the United States,with integral roles in education,the economy,arts,medicine,pubtic service,community buitding,and has inttuenced culture;and WHEREAS,the Korean American population in King County is the largest in the state accounting for roughly 48,000 residents;and WHEREAS,over 1,000 Korean Americans have chosen Renton as their home,contributing to the city’s rich and diverse community;and NOW THEREFORE,I,Armondo Pavone,Mayor of the City of Renton,do hereby proclaim January 13th,2026 to be Korean American History Day in the City of Renton,and I encourage all residents to join me in this special observance. IN WITNESS THEREOF,I have hereunto set my hand and caused the seal of the City of Renton to be PROCLAMATION Mayomondo Pavone City of Renton,Washington Renton City HaIl,7th Floor 1055 South Grady Way,Renton,WA 98057.rentonwa.gov 4 of 132 DATE: January 8, 2025 TO: Ruth Pérez, Council President Members of the Renton City Council FROM: Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer SUBJECT: Administrative Report • Plan to get prepared. Attend the Emergency Preparedness 101 course Tuesday, January 27 from 6:30-7:30 p.m. at Renton Technical College (3000 NE 4th Street, Room C111). Register now for this free course by visiting rentonwa.gov/EP101. • Spend a winter evening at Dreamland Disco, a family-friendly pajama dance scheduled for Friday, January 30 at the Renton Community Center (1715 Maple Valley Hwy.). Event cost is $15 for residents and $18 for non-residents. Registration is open to all ages 3 and over and may be done by visiting rentonwa.gov/register. • 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.  Monday, January 12 through Friday, January 16, 8:00am-4:00pm. Road closure on 123rd 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 and flaggers to assist with local traffic and pedestrians. Questions may be directed to Rob Blackburn, 206- 379-1489.  Monday, January 12 through Friday, January 16, 8:00am-4:00pm. Intermittent lane closure on SE 172nd St between 122nd Ave SE and 127th Ave SE for construction work. Approved traffic control plans were issued for all work and will be followed. Questions may be directed to Rob Blackburn, 206-379-1489.  Monday, January 12 through Friday, January 16, 9:00pm-5:00am. Intermittent lane closures on Lake Washington Blvd and NE 44th St for construction work. Approved traffic control plans were issued for all work and will be followed. Questions may be directed to Kip Braaten, 206-503-1746.  Monday, January 12 through Friday, January 16, 8:00am-4:00pm. Intermittent lane closure on Park Ave N and N 31st for construction work. Approved traffic control plans were issued for all work and will be followed. Questions may be directed to Pat DeCaro, 425-207-6013. 5 of 132 Ruth Pérez, Council President Members of the Renton City Council Page 2 of 2 January 8, 2026  Monday, January 12 through Friday, January 16. Intermittent lane closure on Rainier Ave N between 2nd 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.  Monday, January 12 through Friday, January 16, 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.  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. 6 of 132 Monday, January 05, 2026, REGULAR COUNCIL MEETING MINUTES CITY OF RENTON MINUTES - City Council Regular Meeting JANUARY 5, 2026 – 7:00 P.M. Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Pavone called the meeting to order and led the Pledge of Allegiance. 2. ROLL CALL Ruth Pérez, Council President James Alberson, Jr., Council Position No. 1 Carmen Rivera, Council Position No. 2 Valerie O'Halloran, Council Position No. 3 Ryan McIrvin, Council Position No. 4 Ed Prince, Council Position No. 5 Kim-Khánh Vǎn, Council Position No. 7 ADMINISTRATIVE STAFF PRESENT Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer Shane Moloney, City Attorney Jason Seth, City Clerk Martin Pastucha, Public Works Administrator Kristi Rowland, Deputy CAO Maryjane Van Cleave, Parks & Recreation Administrator David Topaz, Human Resources / Risk Management Administrator Young Yoon, IT Director Matt Herrera, Planning Director Deb Needham, Emergency Management Director Jennifer Spencer, Recreation Director Blythe Phillips, Assistant City Attorney Eric Perry, Government Affairs Manager Remote Attendance: Judith Subia, Chief of Staff Kari Roller, Finance Administrator Ron Straka, Public Works Utility Systems Director Yanna Filippidis, Judicial Administrative Officer 7 of 132 Monday, January 05, 2026, REGULAR COUNCIL MEETING MINUTES Melissa McCain, Deputy City Clerk 3. CEREMONIAL SWEARING-IN The following Councilmembers were ceremonially sworn-in for their respective Council positions: 1. James Alberson, Jr., Council Position No. 1, by Municipal Court Judge Kara Murphy Richards. 2. Carmen Rivera, Council Position No. 2, by her spouse Jas Maisonet. 3. Ruth Pérez, Council Position No. 6, by Judge Jessica Giner in English and her sister Diane Pérez in Spanish 4. 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 2026 and beyond. Items noted were: • Get ready for Dreamland Disco, a family-friendly pajama dance scheduled for Friday, January 30 at the Renton Community Center (1715 Maple Valley Hwy.). Event cost is $15 for residents and $18 for non-residents. To register for this event, visit rentonwa.gov/register. Registration is open to all ages 3 and over. • 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. 5. AUDIENCE COMMENTS • Mark Arnold, Renton, advocated for additional funding for skateparks and maintenance of the Liberty Skatepark. • Alice Lockridge, Renton, requested each Councilmember to publicly state their personal opinions on the current federal administration. 6. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. 6.a) Approval of Council Minutes of December 8, 2025. Council Concur 8 of 132 Monday, January 05, 2026, REGULAR COUNCIL MEETING MINUTES 6.b) Mayor Pavone requested confirmation of his re-appointment of Jake Heare to the Renton Municipal Arts Commission to a term expiring December 31, 2028. Council Concur 6.c) Mayor Pavone requested confirmation of the following appointments to the Renton Municipal Arts Commission: Melanie Cates and Emma Foster with terms expiring December 31, 2029, and Scott Douwes to fill a vacant position with a term expiring December 31, 2027. Refer to Community Services Committee 6.d) Executive Services – IT recommended approval of Amendment No. 1 to TAG-25- 001, vender CDW-Government, LLC, in the amount of $343,002.66, for the renewal of the CrowdStrike Falcon Complete software which is a managed detection and response cybersecurity tool. Council Concur 6.e) Police Department recommended approval of a lease agreement with MBA Cascade Plaza, LLC, in the amount of zero dollars, to lease approximately 500 square feet of roof top at 17110 116th Ave SE, for the purpose of limited testing and storage of drones and related equipment. Refer to Finance Committee 6.f) Community and Economic Development Department submitted the 2026 Title IV Docket #21 items and recommends referral to the Planning Commission for review. After the review, the Planning Commission will forward code revision recommendations to Council. Refer to Planning & Development Committee MOVED BY PÉREZ, SECONDED BY MCIRVIN, COUNCIL ADOPT THE CONSENT AGENDA AS PUBLISHED. CARRIED. 7. LEGISLATION Ordinance(s) for first reading: 7.a) Ordinance No. 6180: An ordinance of the City of Renton, Washington, related to the Commute Trip Reduction plan for the City of Renton amending Title X Chapter 13 entitled, “Commute Trip Reduction” Renton Municipal Code, updating RCW references, adopting the CTR Plan for 2025-2029, referral to the City of Renton Fee Schedule for appeals, authorizing corrections, providing for severability, approving a summary for publication, and establishing an effective date. MOVED BY O’HALLORAN, SECONDED BY MCIRVIN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. 8. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 9 of 132 Monday, January 05, 2026, REGULAR COUNCIL MEETING MINUTES 9. ADJOURNMENT MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL ADJOURN. CARRIED. TIME: 7:38 P.M. Jason A. Seth, MMC, City Clerk Jason Seth, Recorder Monday, January 05, 2026 10 of 132 Council Committee Meeting Calendar January 5, 2026 January 12, 2026 Monday 3:15 p.m. Community Services Committee, Chair McIrvin Location: Council Conference Room/Videoconference 1. Appointments to the Renton Municipal Arts Commission 2. Flood Recovery Efforts in Parks & Recreation 3. Emerging Issues in Parks & Recreation 4:15 p.m. Finance Committee, Chair O’Halloran Location: Council Conference Room/Videoconference 1. Renton PD Roof Lease - Cascade Village 2. Vouchers 3. Emerging Issues in Finance 5:00 p.m. Planning & Development Committee, Chair Prince Location: Council Conference Room/Videoconference 1. Title IV Docket 20 • Group A, D-241: Neighborhood Scale Retail • Group C, D-246: Fences • Group C, D-247: Indoor Recreation in IL and IM Zones 2. Appointment to the Planning Commission 3. 2026 Work Program - Docket 21 4. 2025 Planning Division Year in Review 5. Emerging Issues in CED 6:00 p.m. Committee of the Whole, Chair Pérez Location: Council Chambers/Videoconference 1. World Cup Schedule & Expectations 7:00 p.m. Council Meeting Location: Council Chambers/Videoconference 11 of 132 1 SUBJECT/TITLE:Real Property Acquisition - Plutus 3, LLC; King County Parcel 1823059262 RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Community & Economic Development STAFF CONTACT: Amanda Free EXT.: 7369 The purchase price of the property is $1,000,000. Additional transaction costs to include ALTA survey, environmental review, title report and closing costs are estimated at $40,000, for a total estimated purchase price of $1, 040,000. The request will include authorization for the additional budget appropriations in the general governmental capital fund in the amount of $1,040,000 that will be included in the kQ1 2026 carryforward budget. The proposed acquisition of King County Parcel 1823059262 will provide a critical connection opportunity within the heart of downtown. The property is a currently used as a parking lot and was identified for acquisition in the 2018 Civic Core Action and Vision Plan. This property is envisioned to connect the river walk, Burnett Linear North, and the Heart Block with safe pedestrian access. Staff recommends approval to authorize the mayor and city clerk to sign a Purchase and Sales Agreement for King County Parcel 1823059262 with authorization to sign all documents to effectuate the sale for the purchase price of $1,000,000 plus $40,000 in estimated closing costs for a total of $1,040,000 and authorize additional budget appropriations in the general governmental capital fund in the amount of $1,040,000; the additional budget will be included in the Q1 2026 carryforward budget. City Council Regular Meeting FISCAL IMPACT SUMMARY: SUMMARY OF ACTION STAFF RECOMMENDATION 12 of 132 1 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (“Agreement”), dated as of January ___, 2026 (“Effective Date”), is made by and between Plutus 3, LLC, a Washington limited liability company (“Seller”) and City of Renton, a municipal corporation (“Buyer”). RECITALS: A. Seller is the owner of certain real property located at 99 Burnett Ave S., Renton, Washington, King County tax parcel number 1823059262, as depicted on Exhibit A-1; and B. Seller desires to sell, and Buyer desires to purchase, the Property (as defined below) in accordance with and upon the terms set forth in this Agreement. In consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt, sufficiency and delivery of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. AGREEMENT TO PURCHASE AND SELL. Seller hereby agrees to sell, and Buyer hereby agrees to purchase, subject to the terms and conditions of this Agreement, all of Seller’s right, title and interest in and to the following real, personal and intangible property (collectively, the “Property”): 1.1. Real Property. Fee simple title in and to the land described on Exhibit A-2 attached hereto, together with all easements, rights, privileges and benefits appurtenant thereto and any land lying in the bed of any street, road, avenue, open or proposed, public or private, in front of or adjoining the said land or any portion thereof (collectively, the “Real Property”). 1.2. Personal Property. Fixtures and all other tangible personal property owned by Seller, if any, used solely in connection with the operation of the improvements located on the Real Property, if any. All of the foregoing are collectively referred to as the “Personal Property.” 1.3. Intangible Property. All intangible property (the “Intangible Property”), if any, owned by Seller and pertaining to the Real Property or the Personal Property including, without limitation, all transferable permits, licenses, warranties, utility contracts, plans and specifications, engineering plans and studies, floor plans, and landscape plans. 1.4. Appurtenant Rights. Any and all of Seller's right, title and interest in and to all rights of way, easements, licenses, privileges, reversions, tenements, hereditaments and all other appurtenances, including, without limitation, all minerals, oil, gas and other hydrocarbon substances on and under the Real Property as well as all development rights, air rights, water rights, in any way belonging or pertaining to the Real Property (collectively, the “Appurtenant Rights”). 2. PURCHASE PRICE AND PAYMENT. 2.1. Purchase Price. The purchase price for the Property (the “Purchase Price”) shall be the sum of One Million and No/100 Dollars (1,000,000.00). Subject to the terms and conditions of this Agreement, the Purchase Price shall be paid as provided below. 13 of 132 2 2.2. Deposit. 2.2.1. Deposit. Within five (5) business days after the Effective Date, Buyer shall deliver a deposit in the form of cash in the amount of Thirty Thousand and No/100 Dollars ($30,000.00) (together with any interest earned thereon, the “Deposit”) to Stewart Title, 1420 5th Avenue, Suite 440, Seattle, WA 98101, Attn: Peter Johndrow (“Escrow Agent”). The Deposit shall be held and disbursed in accordance with this Agreement. 2.3. Payment. On the Closing Date, Buyer shall deposit or cause to be deposited with the Escrow Agent sums sufficient to pay the Purchase Price and all other amounts necessary to satisfy Buyer’s obligations with respect to closing the transactions contemplated herein. Subject to the terms of this Agreement, on the Closing Date, Buyer shall cause the Purchase Price to be paid to Seller as follows: 2.3.1. Delivery of Deposit. Buyer shall cause the Escrow Agent to pay to Seller the Deposit held by the Escrow Agent by federal wire transfer in immediately available funds to such bank account(s) as Seller may designate, and such amount shall be credited against the Purchase Price. 2.3.2. Payment of Balance. Buyer shall timely fund to the Escrow Agent the remaining balance of the Purchase Price after application of the provisions of Section 2.3.1, as adjusted for the prorations and credits set forth in this Agreement, and shall cause the Escrow Agent to transfer to Seller such amount by federal wire transfer in immediately available funds to such bank account(s) as Seller may designate. 2.4. Closing. Payment of the Purchase Price and the closing hereunder (the “Closing”) will take place pursuant to an escrow closing, conducted by the Escrow Agent, on that date which is Thirty (30) days following expiration of the Inspection Period, or such other earlier date as determined by the parties (the “Closing Date”). On or prior to the Closing Date, and in accordance with Sections 8.1 and 8.2, the parties shall deposit in escrow with the Escrow Agent all documents, instruments and Closing funds required to be delivered by such party in order to consummate Closing pursuant to this Agreement. 3. INSPECTION PERIOD. 3.1. Inspection Period. During the period (the “Inspection Period”) that commences on the Effective Date and ends at 11:59 P.M. Pacific Standard Time on that day which is forty-five (45) days following the Effective Date, Buyer, its agents, employees and contractors, shall be entitled to enter upon the Real Property, after not less than two (2) business days’ prior notice to Seller, to perform inspections and tests of the Real Property, including, without limitation, surveys, environmental studies, examination and studies of all other matters that Buyer wishes to consider at Buyer’s sole cost and expense. All inspections shall occur at reasonable times agreed upon by Seller and Buyer. Seller shall be entitled to have a representative present during any entry onto the Real Property by Buyer or its agents to conduct any inspections or tests. 3.2. Termination Option. Buyer shall have the right to terminate this Agreement if it has determined in its sole discretion for any reason or no reason not to proceed with this transaction by giving written notice of such election to terminate to Seller by no later than 11:59 P.M. Pacific Standard Time on the last day of the Inspection Period, in which event (a) the Deposit shall be returned to Buyer and (b) except as expressly provided for in this Agreement, neither Seller nor Buyer shall have any further liability or obligation to the other under this Agreement. In the absence of such timely notice, Buyer shall be deemed to have elected to terminate this Agreement and in such case this Agreement shall automatically terminate and be of no further force and effect except to the extent specifically provided herein and the Deposit shall be returned to Buyer. 14 of 132 3 3.3. Title and Survey. Buyer shall have the right to order (a) a title commitment relative to the Real Property (the “Title Commitment”) for a title policy from Escrow Agent (in its capacity as title insurer, the “Title Company”) and (b) an ALTA/ACSM survey of the Real Property (the “Survey”) which Survey shall be obtained at Buyer’s sole cost and expense on or before the 30th day after the Effective Date. 3.3.1. Title and Survey Objections. Buyer shall have the right to object to any exceptions to the Title Commitment or matters shown on the Survey by giving written notice to Seller no later than fifteen (15) days after receipt of the Title Commitment and Survey stating the matters to which Buyer objects and the reasons therefor (“Buyer’s Objection Notice”), provided that Buyer’s Objection Notice must be given at least six (6) business days before the expiration of the Inspection Period. If Buyer objects to any matter affecting title or the Survey, then Seller shall, within five (5) business days after receipt of such written notice (but in any event, at least one (1) business day prior to expiration of the Inspection Period), notify Buyer in writing of its election to Cure (as defined below) or not Cure Buyer’s objections and, if Seller elects to Cure, Seller shall use reasonable efforts to Cure the same. Seller’s failure to timely notify Buyer as set forth above shall be deemed an election not to Cure. If Sell er elects not to Cure any such objections, Buyer’s sole recourse shall be to exercise its right to terminate this Agreement during the Inspection Period as provided in Section 3.2 of this Agreement. In the event Buyer does not terminate this Agreement during the Inspection Period, such objections shall become Permitted Exceptions hereunder. 3.3.2. New Title Matter. After the expiration of the Inspection Period, Buyer shall have the right to object to any new title matters (i) that were not caused, requested by, or consented to by Buyer, and (ii) that first appear in the land records of King County, Washington, after the expiration of the Inspection Period (a “New Title Matter”), by giving written notice to Seller no later than the date which is two (2) business days after Buyer obtains knowledge of such New Title Matter. Within two (2) business days after Seller’s receipt of Buyer’s objection to any New Title Matter, Seller shall notify Buyer in writing of its election to Cure or not Cure Buyer’s objections, and, if Seller elects not to Cure then Buyer will have the same options as set forth above (i.e., to terminate this Agreement or to waive its objections and proceed to Closing, in which case such New Title Matters shall become Permitted Exceptions hereunder). If Seller receives a timely objection to a New Title Matter less than two (2) business days prior to Closing, then the Closing Date may be extended, at Seller’s option, to allow Seller a full two (2) business days to notify Buyer of Seller’s election whether or not to Cure. If Seller elects to Cure, then the Closing Date will be extended as provided herein to allow Seller the opportunity to effect such cure. 3.3.3. Cure. For purposes of this Section 3, the term “Cure” shall mean, at Seller’s election (i) the removal of such matter of record, (ii) the provision of information to the Title Company sufficient to remove such matter as a title exception in the Title Commitment, or (iii) the provision of a bond or indemnity sufficient to cause the Title Company to remove such matter from the Title Commitment or provide Buyer with a title endorsement which insures over such title exception in a manner reasonably satisfactory to Buyer. 3.3.4. Seller’s Opportunity to Cure. If Seller elects to Cure any title or survey objection, Seller shall have a reasonable period of time, not to exceed sixty (60) days, to do so and the Closing Date shall be extended, if necessary, to the date such items are Cured. If such objections are not Cured within the foregoing time period, then Buyer may either: (a) terminate this Agreement, i n which event (i) the Deposit shall be returned to Buyer, and (ii) except as expressly provided for in this Agreement, neither Seller nor Buyer shall have any further liability or obligation to the other under this Agreement, or (b) proceed to Closing under this Agreement and take title to the Property subject to such 15 of 132 4 unCured objections without any reduction in the Purchase Price, in which case such unCured objections shall become Permitted Exceptions. 3.3.5. Mandatory Cure Items. All deeds of trust, mortgages, and other monetary liens granted by Seller and all mechanic’s and materialmen’s liens filed in connection with work performed by Seller (but excluding all liens caused by acts of Buyer or its agents, employees, contractors or representatives) are deemed to be objections to title matters that Seller shall be obligated to Cure at or prior to Closing. 4. REPRESENTATIONS AND WARRANTIES OF SELLER. 4.1. Representations and Warranties. Seller represents and warrants to Buyer that the following are true and correct in all material respects as of the date hereof, subject to modification as set forth herein: 4.1.1. Authority. Seller is a limited liability company validly existing and in good standing under the laws of the State of Washington, and Seller has all requisite limited liability company power and authority to enter into this Agreement and all documents now or hereafter to be executed and delivered by Seller pursuant to this Agreement and to perform its obligations under this Agreement and under such documents. Seller shall have obtained by the Closing any consents necessary for it to enter into and perform this Agreement. 4.1.2. No Violation. The execution, delivery and performance by Seller of this Agreement will not result in a violation by Seller of its obligations under any of the following that are binding on Seller: (a) any judgment or order entered by any court or governmental body, (b) any governmental statute, ordinance, code, rule or regulation, or (c) any contract or agreement or indenture. 4.1.3. No Condemnation. There are no pending or, to Seller’s knowledge, overtly threatened, condemnation, eminent domain or similar proceedings with respect to all or any portion of the Real Property. 4.1.4. Compliance. Seller has not received written notice from any governmental authority of any presently uncured material violations of any applicable governmental statute, ordinance, code, rule or regulation affecting the Real Property. 4.1.5. Litigation. There are no pending or, to Seller’s knowledge, overtly threatened, actions, suits or proceedings against or affecting Seller or the Property, or arising out of the ownership, management or operation of the Property, this Agreement or the transactions contemplated by this Agreement that will bind or burden the Property after the Closing. 4.1.6. Leases. There are no leases or rights of occupancy with respect to the Property. 4.1.7. Contracts. There are no service or management contracts or agreements affecting the Property which will not be terminated on or before the Closing Date. 4.1.8. FIRPTA. Seller is not a “foreign person” as defined in Section 1445(f)(3) of the Internal Revenue Code. 4.1.9. Bankruptcy. Seller has not (a) commenced a voluntary case with respect to it or its assets, or to Seller’s knowledge had entered against it a petition, for relief under any federal bankruptcy act or any similar petition, order or decree under any federal or state law or statute relative to 16 of 132 5 bankruptcy, insolvency or other relief for debtors, (b) caused, suffered or consented to the appointment of a receiver, trustee, administrator, conservator, liquidator, or similar official in any federal, state, or foreign judicial or non-judicial proceeding, to hold, administer and/or liquidate all or substantially all of its assets, or (c) made a general assignment for the benefit of creditors. 4.1.10. OFAC. Neither Seller nor, to Seller's current actual knowledge, any of its respective partners, members, shareholders or other equity owners, if any, is a person or entity with whom U.S. persons or entities are restricted from doing business under regulations of the Office of Foreign Asset Control (“OFAC”) of the Department of the Treasury (including those named on OFAC's Specially Designated and Blocked Persons List) or under any statute, executive order (including the September 24, 2001, Executive Order Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism). 4.1.11. Notice of Violations. Seller has received no written notices from any federal, state, county or municipal authority of violations that are uncured concerning the Property pertaining to zoning, building, subdivision, fire, air pollution, business, occupancy, the Americans with Disabilities Act, 42 U.S.C. Sec. 12101, et seq., or Environmental Requirements (as defined below), rules or regulations relating to Property or of other governmental action affecting the Property. 4.1.12. Environmental. Except to the extent disclosed in those environmental reports set forth in Schedule 4.1.12 attached hereto, (i) Seller has received no notice from any federal, state, county or municipal authority as to the existence of any Hazardous Materials (as defined below) at the Property in violation of law, (ii) Seller has no actual knowledge of the presence or release of Hazardous Materials on or from the Property during the time of Seller’s ownership thereof, and (iii) Seller has not used Hazardous Materials on the Property in violation of law during the time of Seller’s ownership thereof. 4.1.13. Brokerage Agreements. There are no outstanding agreements with real estate brokers in respect of selling the Property. 4.1.14. Property Rights. Seller is the owner of the Property. The Property is not subject to any outstanding agreement of sale, option, right of first refusal, or other right of any third party to acquire any interest therein, except this Agreement. 4.1.15. Utilities. All bills for services performed or materials furnished to the Real Property have been paid in full, or Seller will cause all such bills to be paid in full prior to the Closing Date, and there are no mechanic or materialman liens against the Real Property. Seller has not received any written notice of any proposed, planned or actual curtailment of service of any utility supplied to the Real Property. 4.2. Survival. Seller’s representations and warranties set forth in this Agreement (“Seller Representations”) shall survive the Closing for a period (the “Survival Period”) of twelve (12) months and any action brought on Seller’s representations and warranties shall be commenced within said Survival Period or shall be forever barred and waived. Seller represents, warrants, and covenants to maintain its existence and a minimum tangible net worth throughout the Survival Period to cover any claims that may arise during the Survival Period (and thereafter until the final resolution of any claims of which Buyer provides written notice to Seller within the Survival Period), which obligation shall survive Closing. No claim for a breach of any Seller Representations shall be actionable or payable unless: (a) the breach results from or is based on a condition, state of facts or other matter that was unknown to Buyer prior to or on the Closing Date; (b) the aggregate claims for any such alleged breach(es) exceed $10,000; and/or (c) Buyer fails to deliver to Seller written notice containing a description of the specific nature of such breach prior to the expiration of the Survival Period and commence an action against Seller with 17 of 132 6 respect to any such claims within thirty (30) days after the expiration of the expiration of the Survival Period. In no event shall Seller’s aggregate liability to Buyer for any and all breaches of any Seller Representations in this Agreement exceed five percent (5%) of the Purchase Price, and Buyer hereby waives and disclaims any right to damages or compensation for any and all such breaches in excess of such limit, except for attorneys’ fees and expenses awarded to Buyer in connection with any claim related to a breach of a Seller Representation. 4.3. Definitions 4.3.1. As used herein, the term “Hazardous Materials” shall mean any substance which is or contains (i) any “hazardous substance” as now or hereafter defined in 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 USC 9601 et seq.) (“CERCLA”) or any regulations promulgated under CERCLA; (ii) any “Hazardous Waste” as now or hereafter defined in the Resource Conservation and Recovery Act (42 USC 6901 et seq.) (“RCRA”) or regulations promulgated under RCRA; (iii) any substance regulated by the Toxic Substances Control Act (15 USC 2601 et seq.); (iv) gasoline, diesel fuel, or other petroleum hydrocarbons; (v) asbestos and asbestos containing materials, in any form, whether friable or non-friable; (vi) polychlorinated biphenyls; (vii) radon gas; and (viii) any additional substances or materials which are now or hereafter classified or considered to be hazardous or toxic under Environmental Requirements or the common law, state law or any other applicable laws relating to the Property. Hazardous Materials shall include, without limitation, any substance, the presence of which on the Property, (a) requires reporting, monitoring, investigation or remediation under Environmental Requirements; (b) causes or threatens to cause a nuisance on the Property or adjacent property or poses or threatens to pose a hazard to the health or safety of persons on the Property or adjacent property; or (c) which, if it emanated or migrated from the Property, could constitute a trespass. 4.3.2. As used herein, the term “Environmental Requirements” shall mean all laws, ordinances, statutes, codes, rules, regulations, agreements, judgments, orders, and decrees, now or hereafter enacted, promulgated, or amended, of the United States, the State of Washington, the counties, the cities, or any other political subdivisions in which the Property is located, and any other political subdivision, agency or instrumentality exercising jurisdiction over the owner of the Property, the Property, or the use of the Property, relating to (i) pollut ion, (ii) the protection or regulation of human health, natural resources, or the environment, or (iii) the emission, discharge, release or threatened release of pollutants, contaminants, chemicals, or industrial, toxic or hazardous substances or waste or hazardous materials into the environment (including, without limitation, ambient air, indoor air, surface water, ground water or land or soil). 5. COVENANTS. 5.1. Maintenance of Real Property. From and after the date of this Agreement through the Closing, the Real Property will be operated and managed by or on behalf of Seller in a manner substantially consistent with the way the Real Property is presently being operated and managed, provided, however, that Seller shall have no obligation to make any capital impro vements to the Real Property. 5.2. New Leases. During the pendency of this Agreement, Seller will not, without the prior written consent of Buyer, which may be withheld in Buyer’s sole discretion , execute any new lease or occupancy agreement affecting the Real Property or any part thereof. 18 of 132 7 5.3. Contracts. 5.3.1. Contracts. During the pendency of this Agreement, Seller will not, without the prior written consent of Buyer, which consent may be withheld in Buyer’s sole discretion, execute any service, vendor or management contract affecting the Real Property, or any part thereof, which will be binding on Buyer following Closing. 5.3.2. Termination of Contracts. Seller will terminate as of the Closing Date Seller’s current property management agreement with respect to the Property and any service, vendor or management contract affecting the Real Property, or any part thereof (collectively, “Contracts”). Buyer shall not assume any of Seller’s Contracts at Closing. 5.4. Negative Covenants. From the Effective Date until the Closing Date, Seller shall not take any of the following actions without the prior express written consent of Buyer, which consent shall not be unreasonably withheld, conditioned or delayed: (a) make or permit to be made any material alterations to or upon the Real Property or any part of the Real Property; (b) grant any liens or encumbrances upon the Property that will not be discharged upon the Closing; or (c) remove or permit the removal from the Real Property of any fixtures, mechanical equipment, or any other item included in the Real Property. 6. REPRESENTATIONS AND WARRANTIES OF BUYER. 6.1. Representations and Warranties. Buyer represents and warrants to Seller as follows as of the date hereof: 6.2. Authority. Buyer is a municipal corporation and Buyer has all requisite power and authority to enter into this Agreement and all documents now or hereafter to be executed and delivered by Buyer pursuant to this Agreement and to perform its obligations under this Agreement and under such documents. Buyer has obtained any consents necessary for it to enter into this Agreement. 6.3. No Violation. The execution, delivery and performance by Buyer of this Agreement will not result in a violation by Buyer of (a) any judgment or order entered by any court or go vernmental body, (b) any governmental statute, ordinance, code, rule or regulation, or (c) any contract or agreement or indenture. 6.4. Bankruptcy. Buyer has not (a) commenced a voluntary case with respect to it or its assets, or had entered against it a petition, for relief under any federal bankruptcy act or any similar petition, order or decree under any federal or state law or statute relative to bankruptcy, insolvency or other relief for debtors, (b) caused, suffered or consented to the appointment of a re ceiver, trustee, administrator, conservator, liquidator, or similar official in any federal, state, or foreign judicial or non - judicial proceeding, to hold, administer and/or liquidate all or substantially all of its assets, or (c) made a general assignment for the benefit of creditors. 7. CONDITIONS TO CLOSING. 7.1. Buyer’s Conditions. Buyer’s obligation to consummate Closing pursuant to this Agreement is conditioned upon the satisfaction (or waiver by Buyer) of the following conditions on and as of the Closing Date: 7.1.1. Full Performance. Seller shall have performed and satisfied its obligations under this Agreement in all material respects. 19 of 132 8 7.1.2. Representations and Warranties. The representations and warranties of Seller shall be true and correct in all material respects as of the Closing. 7.1.3. Owner’s Policy. The Title Company shall be committed, subject only to the payment by Buyer of the costs and fees related thereto and satisfaction of Buyer’s other obligations, to issue an owner’s title insurance policy consistent with the provisions of Section 3.3. 7.1.4. City Council Approval. Approval of this Agreement and the transactions contemplated herein which shall occur on or before the expiration of the Inspection Period. 7.2. Seller’s Conditions. Seller’s obligation to consummate Closing pursuant to this Agreement is conditioned upon the satisfaction (or waiver by Seller) of the following conditions on and as of the Closing Date: 7.2.1. Buyer shall have performed and satisfied its obligations under this Agreement in all material respects. 7.2.2. The representations and warranties of Buyer shall be true and correct in all material respects as of the Closing. 7.3. Failure of Condition. In the event that any condition set forth in Sections 7.1 or 7.2 is not satisfied or waived by Buyer or Seller, as the case may be, on or as of the Closing Date, and the other party is not otherwise in default hereunder, the sole right of Buyer and Seller, as applicabl e, shall be to either (a) terminate this Agreement by delivering written notice of such termination to the other party on or prior to the Closing Date, in which event the Deposit shall be returned to Buyer (unless Buyer defaulted which caused the Seller conditions to be not satisfied) and the parties shall have no further obligations or liabilities to the other hereunder, except as expressly provided for in this Agreement, or (b) waive the satisfaction of such condition or conditions and proceed to Closing in accordance with and subject to the terms of this Agreement; provided, however, that the foregoing shall not relieve either party of any liability to the other for the breach of any representation or warranty set forth in this Agreement if such party has no knowledge of such breach and elects to proceed to Closing. 8. CLOSING DELIVERIES. 8.1. Seller’s Closing Deliveries. At Closing, Seller shall deliver, or cause to be delivered, into escrow with the Escrow Agent the following with respect to the Property: 8.1.1. Deed. A Statutory Warranty Deed (the “Deed”) for the Real Property substantially in the form attached hereto as Exhibit B conveying to Buyer title to the Real Property, free from all liens, encumbrances, easements, conditions and other matters affecting title except the Permitted Exceptions. 8.1.2. Assignment of Intangible Property. With respect to Intangible Property, execute the Assignment of Intangible Property substantially in the form attached hereto as Exhibit C (“Assignment of Intangible Property”). 8.1.3. FIRPTA. Execute and deliver an affidavit certifying that Seller is not a “foreign person” as defined in the Federal Foreign Investment in Real Property Tax Act of 1980, and the 1984 Reform Tax Act, as amended. 20 of 132 9 8.1.4. Bill of Sale. With respect to Personal Property, a Bill of Sale in the form attached hereto as Exhibit D. 8.1.5. REETA. A Real Estate Excise Tax Affidavit (“REETA”) together with any transfer documents or certificates required by any applicable governing body or law to complete this transaction. 8.1.6. Closing Statement. A closing and proration statement acceptable to Seller which reflects all adjustments to the Purchase Price contemplated by this Agreement (the “Seller’s Closing Statement”). 8.1.7. Authorization; Owner’s Affidavit. In connection with the issuance of such Seller’s title policy, Seller agrees to provide to the Title Company such evidence of authority and authorizations of Seller as Title Company may reasonably require, as well as such affidavits or indemnities as may be reasonably necessary for issuance of the Seller’s title policy with extended coverage and to remove therefrom the standard pre-printed exception for mechanics liens. 8.1.8. Other Documents. All other documents reasonably required to effectuate this Agreement and the transaction contemplated by this Agreement. 8.2. Buyer’s Closing Deliveries. At Closing, Buyer shall deliver, or cause to be delivered, into escrow with the Escrow Agent the following with respect to the Property: 8.2.1. Purchase Price. The Purchase Price, adjusted in accordance with the provisions of Section 9 hereof. 8.2.2. Bill of Sale. A counterpart of the Bill of Sale. 8.2.3. REETA. A counterpart original of the REETA. 8.2.4. Closing Statement. A closing and proration statement acceptable to Buyer which reflects all adjustments to the Purchase Price contemplated by this Agreement (the “Buyer’s Closing Statement”). 8.2.5. Other Documents. All other documents reasonably required by Escrow Agent or otherwise required to effectuate this Agreement and the transaction contemplated by this Agreement. 8.3. Possession. On the Closing Date, Seller shall deliver to Purchaser possession of the Property free and clear of monetary encumbrances, any leases or rights of possession in favor of third parties. 9. APPORTIONMENTS; EXPENSES. 9.1. Apportionments. The following matters shall be apportioned and adjusted between Seller and Buyer as of the Closing Date. 9.1.1. Taxes. Applicable real estate and personal property taxes for the Property shall be apportioned as of the Closing Date (i.e., with Seller being responsible for all such amounts payable with respect to the period up to but not including the Closing Date , including without limitation, any delinquent real estate taxes, and with Buyer being responsible for all such amounts payable with respect to the period from and after the Closing Date). The term “real estate taxes” shall include any installments 21 of 132 10 of special or similar assessments, assessments relating to a local improvement district or leasehold excise tax. Water and sewer charges, including any such charges that may be the subject of a municipal lien, whether or not due, shall be prorated. 9.1.2. Operating Expenses. All maintenance, management, electricity, water, gas, sewage and other utility and operating expenses, if any, applicable to the Real Property shall be prorated between Seller and Buyer as of the Closing Date based on estimates of the amounts that will be due and payable on the next payment date, unless final readings or invoices therefor as of the Closing Date shall have been obtained, in which case such final readings shall be utilized as the basis for adjustment. Any and all deposits, if any, held by utility companies or with other providers of services to the Real Property shall remain the property of Seller and be returned to Seller by such companies and providers except to the extent that Buyer elects to pay to Seller the amount of any such deposits and accruals, if any, thereon. 9.1.3. Calculations; Survival. Except as otherwise set forth herein, all items to be apportioned and adjusted pursuant to this Section 9.1 shall be prorated as of 11:59 p.m. of the day immediately preceding the Closing Date. All items of income and expense which accrue for the period prior to the Closing will be for the account of Seller and all items of income and expense which accrue for the period on and after the Closing will be for the account of Buyer. All such prorations shall be made on the basis of the actual number of days of the month which shall have elapsed as of the day of the Closing and based upon the actual number of days in the month and a three hundred sixty-five (365) day year. The amount of such apportionments and adjustments shall be initially performed at Closing but shall be subject to adjustment in cash after the Closing as and when complete and accurate information becomes available, if such information is not available at the Closing; provided, however, that Seller and Buyer agree that there shall be no further adjustments under this Section 9.1.3 9.1.3after the date that is two (2) months after the Closing Date. Any payment required in connection with any adjustments hereunder shall be made within ten (10) days after such adjustments. The provisions of this Section 9 shall survive the Closing. 9.2. Expenses. 9.2.1. Seller’s Expenses. Seller shall pay (a) all real estate excise tax incident to the transfer of the Real Property; (b) the base premium for Buyer’s standard coverage owner’s title insurance policy (exclusive of endorsements), (c) expenses incurred by Seller in connection with the transaction contemplated by this Agreement, and (d) one half of the fees charged by Escrow Agent. Notwithstanding the foregoing, the sale contemplated by this Agreement, being in lieu of condemnation, shall be reported as exempt from imposition of real estate excise tax. 9.2.2. Buyer’s Expenses. Buyer shall pay: (a) all recording fees in connection with recording the Deed, (b) all premiums related to Buyer’s extended coverage title insurance policy, including any title endorsements required by Buyer, (c) expenses incurred by Buyer in connection with the transaction contemplated by this Agreement and (d) one half of the fees charged by Escrow Agent. 22 of 132 11 10. AS-IS PURCHASE. Buyer represents and warrants to Seller that as of the Closing Date, Buyer will have inspected the Real Property and all other aspects of the Property and satisfied itself as to the condition of the Property and suitability for Buyer’s intended use. Except for the Seller representations and warranties expressly stated in this Agreement and in the Deed, the sale of the Property is and will be made on an “as is,” “where is,” and “with all faults” basis, without representations and warranties of any kind or nature, express or implied. 11. DEFAULT AND REMEDIES. 11.1. Seller’s Remedies. If Buyer defaults in its obligation to close under this Agreement, Seller shall be entitled to receive the entire Deposit as agreed liquidated damages (and not as a penalty) and as Seller’s sole remedy, in lieu of, and as full compensation for, all other rights or claims of Seller against Buyer by reason of such default. Upon such payment to Seller of the Deposit, this Agreement shall terminate and, except as expressly provided for in this Agreement, neither Seller nor Buyer shall have any further liability or obligation under this Agreement. Buyer and Seller acknowledge that the damages to Seller resulting from Buyer’s breach would be difficult, if not impossible, to ascertain with any accuracy, and that the liquidated damage amount set forth in this Section 11.1 represents both parties’ reasonable efforts to approximate such potential damages. 11.2. Buyer’s Remedies. If Seller defaults in its obligation to close under this Agreement, Buyer’s sole remedy therefor shall be to either (a) bring an action for specific performance of Seller’s obligation under this Agreement to deliver the documents required under Section 8.1 above, provided that any action for specific performance must be initiated no later than thirty (30) days after the date that Closing is otherwise required to occur under this Agreement; or (b) terminate this Agreement and receive the entire Deposit and reimbursement from Seller for Buyer’s out-of-pocket expenses incurred in connection with this Agreement and Buyer’s due diligence activities contemplated in this Agreement, which amount shall in no event exceed $35,000, and upon such termination neither Seller nor Buyer shall have any further liability or obligation under this Agreement except as expressly provided for in this Agreement. In the event that Buyer elects to seek specific performance under this Section 11.2, Seller shall not be obligated to expend any money to change the condition of the Property or the state of title of the Property. 11.3. Remedies Exclusive. By the express agreement of Buyer and Seller, the remedies set forth in this Section 11.3 constitute the sole remedies at law or in equity available to Buyer and Seller, as the case may be, on account of the other party’s breach of its obligations to close under this Agreement, provided, however, to the extent any terms or provisions of this Agreement are specifically intended to survive the Closing and delivery of the Deed or the termination of this Agreement, Buyer shall have all remedies with respect thereto as may be available at law or in equity, subject to and pursuant to Section Error! Reference source not found., and Seller shall have all remedies with respect thereto as may be available at law or in equity. In no event, however, shall either party to this Agreement be liable for any consequential, special, indirect or punitive damages. 12. FURTHER ASSURANCES. After the Closing, Seller and Buyer agree to perform such other acts, and to execute, acknowledge and deliver, such other instruments, documents and other materials as the other may reasonably request (at no cost or liability to the performing party) and as shall be necessary in order to effect the consummation of the transactions contemplated by this Agreement or to provide further assurances of any transfer, conveyance or assignment made pursuant to this Agreement. The provisions of this Section 12 shall survive the Closing for a period of nine (9) months. 23 of 132 12 13. NOTICES. Except as may be otherwise provided in this Agreement, all notices, demands, requests or other communications required or permitted to be given under this Agreement must be delivered to the following addresses (a) personally, by hand delivery; (b) by Federal Express or a similar internationally recognized overnight courier service; or (c) by email during regular business hours. All such notices, demands, requests or other communications shall be deemed to have been given for all purposes of this Agreement upon the date of receipt or refusal (or upon transmission if by email), except that whenever under this Agreement a notice is either received on a day which is not a business day or is required to be delivered on or before a specific day which is not a business day, the day of receipt or required delivery shall automatically be extended to the next business day. If to Seller: Plutus 3, LLC 2615 58th AVE SW Seattle, WA 98116-2227 Attention: Thomas Lin Email address: waterfront2000@yahoo.com If to Buyer: City of Renton 1055 S Grady Way Renton, Washington 98057 Attention: Gina Estep, Community and Economic Development Administrator Email address: gestep@Rentonwa.gov with a copy to: Pacifica Law Group LLP 1191 Second Avenue, Suite 2000 Seattle, Washington 98101 Attention: John De Lanoy Email: john.delanoy@pacificalawgroup.com And with a copy to: City Clerk 1055 S Grady Way Renton, WA 98057 Email: cityclerk@rentonwa.gov Notice given by counsel to a party to this Agreement shall be considered notice given by such party. Any party to this Agreement or its counsel may designate a different address for itself by notice given in the manner set forth above. 14. BROKERS. Buyer and Seller each represent to the other that it has not dealt with any broker or agent in connection with this transaction (“Broker”), and Seller agrees to pay Broker a commission pursuant to a 24 of 132 13 separate agreement in connection with this Agreement if, as and when the Closing shall occur and as provided in such separate agreement. Each of Buyer and Seller hereby indemnifies and holds harmless the other from all loss, cost and expenses (including reasonable attorneys’ fees and expenses) arising out of a breach of its representation or undertaking set forth in this Section 14. The provisions of this Section 14 shall survive Closing or the termination of this Agreement. 15. MISCELLANEOUS. 15.1. Assignability. Buyer may not assign or transfer all or any portion of its rights or obligations under this Agreement to any other individual, entity or person without the prior written consent thereto by Seller. However, Buyer may, without the consent of Seller but aft er written notice to Seller at least ten (10) days prior to Closing, (i) direct that the deed be granted to an entity under common control with Buyer by notice to Seller or (ii) assign its rights under this Agreement to an entity under common control with Buyer. No assignment or transfer by Buyer will release Buyer of its obligations under this Agreement. 15.2. Governing Law; Parties in Interest. This Agreement shall be governed by the law of the Washington without giving effect to its conflicts of law principles and shall bind and inure to the benefit of the parties to this Agreement and their respective heirs, executors, administrators, successors, and permitted assigns. 15.3. Recording. No notice or memorandum of this Agreement shall be recorded in any public record. A violation of this prohibition shall constitute a material breach of this Agreement. 15.4. Time of the Essence. Time is of the essence of each and every provision of this Agreement. 15.5. Headings. The headings preceding the text of the sections and subsections hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. 15.6. Counterparts; Signatures. This Agreement, and any amendments hereto, may be executed simultaneously in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Electronic signatures (e.g., using DocuSign or equivalent) or signatures delivered electronically (e.g. via pdf file) shall be deemed to be the equivalent of original signatures for purposes of this Agreement and any amendments hereto. 15.7. Exhibits. All Exhibits which are referred to in this Agreement and which are attached to this Agreement are expressly made and constitute a part of this Agreement. 15.8. Merger. Except as otherwise specifically provided in this Agreement, the acceptance of the Deed by the recordation thereof shall be deemed to be a full and complete performance and discharge of every agreement and obligation of Seller contained in this Agreement. 15.9. Entire Agreement; Amendments. This Agreement and the Exhibits to this Agreement set forth all of the covenants, representations, warranties, agreements, conditions and undertakings between the parties to this Agreement with respect to the subject matter of this Agreement, and supersede all prior and contemporaneous agreements and understandings, inducements or conditions, express or implied, oral or written. This Agreement may not be changed orally but only by an agreement in writing, duly executed by or on behalf of the party or parties against whom enforcement of any waiver, change, modification, consent or discharge is sought. 25 of 132 14 15.10. Jury Trial Waiver. To the extent permitted under applicable law, each party hereby waives trial by jury in any action, proceeding, claim or counterclaim brought by either party in connection with any matter arising out of or in any way connected with this Agreement and the relationship of Buyer and Seller under this Agreement. 15.11. Exclusive Jurisdiction. Any claim, counterclaim or other action arising under this Agreement shall be brought only in the state or cognizant federal courts in the Washington. This provision shall survive the Closing or the termination of this Agreement. 15.12. No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties to this Agreement (and their respective successors and permitted assigns), and no other person or entity shall be deemed to be a third-party beneficiary of this Agreement. 15.13. Business Day. For purposes of this Agreement, “business day” means any day on which business is generally transacted by banks in the State of Washington. If a date or the expiration date of any period that is set out in any paragraph of this Agreement falls upon a day that is not a business day, then, in such event, the date or expiration date of such period shall be extended to the next business day. 15.14. Severability. If any one or more of the provisions hereof shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 15.15. 1031 or 1033 Exchange. Buyer and Seller hereby acknowledge that it is possible that the other party may wish to complete a deferred tax-free exchange and qualify for treatment under Section 1031 or 1033 of the Internal Revenue Code. The exchange shall not delay the Closing. The exchanging party’s rights and obligations under this Agreement may be assigned to a Qualified Intermediary (as defined in IRS Regulation 1.1031(k)-1) of such party’s choice, for the purpose of completing the exchange. Each party agrees to cooperate with the other party and the Qualified Intermediary in a manner necessary to complete the exchanging party’s exchange, provided that the other party is not responsible for any additional cost or liability as a result of cooperation with the exchanging party and the Qualified Intermediary to consummate such transaction. 15.16. Recording of Memorandum. Intentionally deleted. 15.17. Confidentiality. Subject to public disclosure laws, Buyer and Seller shall each maintain as confidential any and all non-public material obtained about the other and, in the case of Buyer, about the Property, and shall not disclose such information to any third party, except as necessary for the performance of the parties’ obligations hereunder and the completion of the transactions described herein and except to its current and prospective members, managers, partners, owners, directors, officers, employees, agents, lenders, investors, contractors, attorneys, and consultants, and except in litigation or other legal proceedings arising in connection with this Agreement. This provision shall survive Closing or any termination of this Agreement. Notwithstanding anything in this Agreement to the contrary, the parties acknowledge that the Buyer is an agency subject to Chapter 42.56 RCW, Washington State’s Public Records Act. Any materials Seller deems to be confidential or proprietary pursuant to this agreement must be clearly identified as such by Seller. To the extent consistent with RCW 42.56, Buyer shall maintain the confidentiality of al l such information marked confidential or proprietary. If a request is made to view Seller’s confidential or proprietary information, Buyer will notify Seller of the request and give Seller not less than ten (10) business days to allow Seller to seek a protective order or other remedy pursuant to RCW 42.56.540 that 26 of 132 15 such information is exempt from public disclosure. If Seller fails to obtain a court order enjoining disclosure, Buyer will release the requested information on the date required by applicable law. The provisions of this Section shall survive any termination of this Agreement. 16. SCHEDULE OF EXHIBITS. 16.1. Exhibit A-1 Depiction of the Real Property 16.2. Exhibit A-2 Legal Description of the Real Property 16.3. Exhibit B Form of Deed 16.4. Exhibit C Form of Assignment of Intangible Property 16.5. Exhibit E Form of Bill of Sale [Signature Page Follows] 27 of 132 IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the date first above written. SELLER: Plutus 3, LLC, a Washington limited liability company By: Name: Thomas Lin, Its: Member BUYER: City of Renton, a municipal corporation By: Name: Its: ATTEST: Jason A. Seth, City Clerk Date: Approved as to Legal Form By: Shane Moloney, City Attorney [Signature Page to Purchase and Sale Agreement] 28 of 132 EXHIBIT A-1 DEPICTION OF THE REAL PROPERTY 29 of 132 121176704v7 EXHIBIT A-2 LEGAL DESCRIPTION OF THE REAL PROPERTY That portion of the BNSF Railway Company (formerly Northern Pacific and Puget Sound Shore Rail- Road Company) right of way, established by deed recorded under Auditor’s File Number 71047, and located in Government Lot 7 of Section 18, Township 23 North, Range 5 East, Willamette Meridian, in King County, Washington, bounded on the northeasterly side of the westerly line of Lot 13, Block 4, Motor Line Addition to Renton, according to the plat thereof, recorded in Volume 9 of Plats, Page 50, in King County, Washington, on the east by Burnett Avenue South, on the south by South Second Street, on the westerly side by the easterly line of the 23 foot wide strip of land conveyed by the Northern Pacific Railway Company to the City of Renton by deed recorded under Auditor’s File Number 880521, which 23 foot strip is now known as Burnett Place South, and on the north by the south line of that certain tract of land conveyed by Burlington Northern, Inc. to Fred Q. Price and Fontella L. Price, husband and wife, by deed recorded under Recording Number 7306180564. Situated in King County, Washington. 30 of 132 EXHIBIT B FORM OF DEED FORM OF STATUTORY WARRANTY DEED After recording, return to: Pacifica Law Group LLP 401 Union Street, Suite 1600 Seattle, WA 98101 Attn: John De Lanoy STATUTORY WARRANTY DEED Reference numbers of related documents: N/A GRANTOR: Plutus 3, LLC, a Washington limited liability company GRANTEE: City of Renton, a municipal corporation ABBREVIATED LEGAL: Situate in the County of _________, State of Washington. ASSESSOR'S TAX PARCEL NO(S): Plutus 3, LLC, a Washington limited liability company (“Grantor”), for good and valuable consideration, receipt of which is hereby acknowledged, warrants, sells, and conveys to City of Renton, a municipal corporation (“Grantee”), the following described real estate, together with all after-acquired title of Grantor, situated in King County, Washington: See Exhibit A attached hereto and incorporated herein by this reference; SUBJECT TO the exceptions set forth on Exhibit B attached hereto. 31 of 132 [Signature page to Statutory Warranty Deed.] DATED this _____ day of ________, 2026. GRANTOR: Plutus 3, LLC, a Washington limited liability company By: Name: Thomas Lin, Its: Member STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day personally appeared before me _____, the Member of Plutus 3, LLC, a Washington limited liability company, who executed the within and foregoing instrument on behalf of said company, and acknowledged the said instrument to be the free and voluntary act and deed of said individuals, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN under my hand and official seal this ____ day of __________, 2026. ________________________________________ (Print name of notary) NOTARY PUBLIC in and for the State of Washington, residing at _____________________ My commission expires ____________________ 32 of 132 EXHIBIT A TO STATUTORY WARRANTY DEED Legal Description That portion of the BNSF Railway Company (formerly Northern Pacific and Puget Sound Shore Rail- Road Company) right of way, established by deed recorded under Auditor’s File Number 71047, and located in Government Lot 7 of Section 18, Township 23 North, Range 5 East, Willamette Meridian, in King County, Washington, bounded on the northeasterly side of the westerly line of Lot 13, Block 4, Motor Line Addition to Renton, according to the plat thereof, recorded in Volume 9 of Plats, Page 50, in King County, Washington, on the east by Burnett Avenue South, on the south by South Second Street, on the westerly side by the easterly line of the 23 foot wide strip of land conveyed by the Northern Pacific Railway Company to the City of Renton by deed recorded under Auditor’s File Number 880521, which 23 foot strip is now known as Burnett Place South, and on the north by the south line of that certain tract of land conveyed by Burlington Northern, Inc. to Fred Q. Price and Fontella L. Price, husband and wife, by deed recorded under Recording Number 7306180564. Situated in King County, Washington. 33 of 132 EXHIBIT B TO STATUTORY WARRANTY DEED PERMITTED EXCEPTIONS 34 of 132 EXHIBIT C FORM OF ASSIGNMENT OF INTANGIBLE PROPERTY THIS ASSIGNMENT OF INTANGIBLE PROPERTY (“Assignment”) is entered into this ___ day of ____, 2026, by and between Plutus 3, LLC, a Washington limited liability company (“Assignor”) and the City of Renton (“Assignee”). W I T N E S S E T H: 1. Definitions. (a) Property. The “Property” means the real property located at 99 Burnett Ave S., Renton, WA (King County tax parcel no. 1823059262), together with the building, structures and other improvements located thereon. (b) Intangible Property. The term “Intangible Property” shall have the meaning ascribed thereto in that certain Purchase and Sale Agreement dated as of _______, 2026 (“Agreement”) by and between Assignor, as Seller, and Assignee, as Buyer, concerning the Property, and legally described on Exhibit A attached hereto. 2. Assignment. For good and valuable consideration received by Assignor, the receipt and sufficiency of which are hereby acknowledged, Assignor hereby grants, transfers and assigns to Assignee the entire right, title and interest of Assignor in and to the Intangible Property, if any, without representation or warranty of any kind and only to the extent transferable without third party consent, or any cost or liability of any kind whatsoever to Assignor. 3. Assumption. Assignee hereby assumes the entire right, title and interest of Assignor in and to the Intangible Property as of the date of this Assignment. 4. Attorneys’ Fees. If either Assignee or Assignor, or their respective successors or assigns, file suit to enforce the obligations of the other party under this Assignment, the substantially prevailing party shall be entitled to recover the reasonable fees and expenses of its attorneys. 5. Successors and Assigns. This Assignment shall be binding upon and inure to the benefit of Assignor and Assignee and their respective successors and assigns. 6. Counterparts. This Assignment may be signed in any number of counterparts each of which shall be deemed to be an original and all of which taken together shall constitute one and the same instrument. [Signature Page Follows] 35 of 132 IN WITNESS WHEREOF, Assignor and Assignee have executed and delivered this Assignment the day and year first above written. ASSIGNOR: Plutus 3, LLC, a Washington limited liability company By:________________________ Name: Thomas Lin, Its: Member ASSIGNEE: By: Name: Title: 36 of 132 EXHIBIT A TO ASSIGNMENT OF INTANGIBLE PROPERTY LEGAL DESCRIPTION OF PROPERTY 37 of 132 EXHIBIT D FORM OF BILL OF SALE FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, Plutus 3, LLC, a Washington limited liability company (“Transferor”), does hereby sell, transfer, and convey to the City of Renton, a municipal corporation (“Transferee”), all right, title and interest of Transferor in and to the personal property, if any, located at 99 Burnett Ave S., Renton, WA (King County tax parcel no. 1823059262) (collectively, the “Personal Property”). The Personal Property is being transferred and conveyed to Transferee in its “AS IS, WHERE IS”, WITH ALL FAULTS CONDITION and Transferor makes no representations or warranties with respect to the Personal Property. IN WITNESS WHEREOF, the Transferor has executed this instrument as of ___________, 2026. TRANSFEROR: Plutus 3, LLC, a Washington limited liability company By :_______________________ Thomas Lin, Member 38 of 132 SCHEDULE 4.1.12 Environmental Reports NONE. 39 of 132 1 SUBJECT/TITLE:Agreement with PFM Management for Investment Advisory Services RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Finance STAFF CONTACT: Kari Roller, Administrator EXT.: 6931 The proposed agreement with PFM Asset Management includes a fee calculated at an annualized rate of 4 basis points (.04%), applied to the daily net assets under management on a monthly basis. These assets include all invested securities as well as non-liquid cash overseen by the consultant based on current portfolio balance. The city estimates annual costs of approximately $150,000, with the contract term for 3 years ending on December 31, 2028. Any fees incurred will be offset by the investment returns generated within the advisor-managed portfolio. As an additional safeguard, the agreement includes a cost cap ensuring total fees over the life of the contract will not exceed $600,000. The city has historically managed its investment portfolio in-house by conducting research into investment options, strategies, and securities. Although staff has consistently exercised due diligence in identifying suitable opportunities, this approach does not always yield the highest level of efficiency or access to the full range of options available in the market. This agreement represents the city’s first engagement of a third-party firm to provide investment advisory and consulting services and introduce new investment opportunities, enhance monitoring and oversight of the city’s portfolio, support updates to our investment policies, offer ongoing market outlooks, assess the city’s cash-flow needs, and deploy idle funds more effectively. Approve the agreement with PFM Asset Management to serve as the city’s investment advisor, providing full-time investment consulting and portfolio management support. City Council Regular Meeting FISCAL IMPACT SUMMARY: SUMMARY OF ACTION STAFF RECOMMENDATION 40 of 132 Finance Department Memorandum DATE:January 26, 2026 TO:Ruth Pérez, Council President Members of Renton City Council VIA:Armondo Pavone, Mayor FROM:Kari Roller, Administrator STAFF CONTACT:Sean Yi, Senior Finance Analyst SUBJECT:Agreement with PFM Asset Management for Investment Advisory Services OVERVIEW The city has historically managed its investment portfolio in-house by conducting research into investment options, strategies, and securities. Although staff has consistently exercised due diligence in identifying suitable opportunities, this approach does not always yield the highest level of efficiency or access to the full range of options available in the market. This agreement represents the city’s first engagement of a third-party firm to provide investment advisory and consulting services and introduce new investment opportunities, enhance monitoring and oversight of the city’s portfolio, support updates to our investment policies, offer ongoing market outlooks, assess the city’s cash-flow needs, and deploy idle funds more effectively. FISCAL IMPACT The proposed agreement with PFM Asset Management includes a fee calculated at an annualized rate of 4 basis points (.04%), applied to the daily net assets under management on a monthly basis. These assets include all invested securities as well as non-liquid cash overseen by the consultant based on current portfolio balance. The city estimates annual costs of approximately $150,000, with the contract term for 3 years ending on December 31, 2028. Any fees incurred will be offset by the investment returns generated within the advisor-managed portfolio. As an additional safeguard, the agreement includes a cost cap ensuring total fees over the life of the contract will not exceed $600,000. CONCLUSION Approve the agreement with PFM Asset Management to serve as the city’s investment advisor, providing full-time investment consulting and portfolio management support. 41 of 132 AGREEMENT FOR INVESTMENT ADVISORY SERVICES THIS AGREEMENT, dated for reference purposes only as November 12, 2025, is by and between the City of Renton (the “City”), a Washington municipal corporation, and U.S. Bancorp Asset Management, Inc. (“Consultant”), a Delaware corporation. The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant, through its PFM Asset Management division, agrees to provide investment advisory services as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the “Work.” 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise mutually agreed by the Parties. 3. Time of Performance: Consultant shall commence performance of the Agreement upon its effective date and continue through December 31, 2028, unless the Agreement terminated pursuant to Section 3, or extended by written amendment. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement throughout its full term of performance shall not exceed six hundred thousand ($600,000), plus any applicable state and local sales taxes. Compensation shall be paid for Work actually provided pursuant to the percentage based rate specified in Exhibit A, with no right to reimbursement for costs, overhead, or other expenses incurred in the performance of Work. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly basis, the Consultant shall submit an invoice as described in Exhibit A. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant’s performance does not meet the requirements 42 of 132 PAGE 2 OF 16 of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. The City agrees to provide the Consultant with prompt notice of any event of non-appropriation. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. Consultant may terminate this Agreement for a material breach of its terms by the City upon the City’s failure to cure such material breach within thirty (30) days after written notice thereof has been delivered by the Consultant. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6. Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and 43 of 132 PAGE 3 OF 16 Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non- exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City’s or other’s adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than five years after the creation of the record. With thirty (30) days advance written notice to Consultant and no more than once per Agreement year, the Consultant agrees to allow the auditor(s) access to such materials/records related to contract performance during normal business hours and in such a manner as to not interfere with normal business activities. Consultant’s sensitive or confidential information can be viewed by the City at a Consultant location or via a video conference call, however the City may not record or create copies of Consultant’s sensitive or confidential information. 8. Public Records Compliance: Upon the request of the City, and if required under the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Independent Contractor Relationship: 44 of 132 PAGE 4 OF 16 A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City .The City acknowledges that Consultant acts as City’s agent when trading securities on behalf of the City and Consultant acknowledges that its employees are not employees of the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant’s failure to do so. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City’s sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the 45 of 132 PAGE 5 OF 16 Consultant and the City, its officers, officials, employees and volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant’s performance of the Work. 12. City of Renton Business License: Unless exempted by the Renton Municipal Code, Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: https://www.rentonwa.gov/Tax Information regarding State business licensing requirements can be found at: https://dor.wa.gov/doing-business/register-my-business 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. 46 of 132 PAGE 6 OF 16 D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. E. Consultant shall include the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F. Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within five (5) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Sean Yi 1055 South Grady Way Renton, WA 98057 CONSULTANT PFM Asset Management, a division of U.S. Bancorp Asset 47 of 132 PAGE 7 OF 16 Phone: (425) 430-6938 syi@rentonwa.gov Management, Inc. Luke Schneider, Managing Director 1101 W. Washington St. Tempe, AZ 85288 Phone: (520) 260-1574 schneiderl@pfmam.com 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement’s non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085, which is attached hereto as Exhibit B If there is a conflict between federal, state, and local laws and regulations, federal law will supersede to the extent compliance with the state or local laws would be preempted by federal law. 18. Miscellaneous: The parties hereby acknowledge: 48 of 132 PAGE 8 OF 16 A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City’s project manager is Sean Yi. In providing Work, Consultant shall coordinate with the City’s contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the 49 of 132 PAGE 9 OF 16 body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, 50 of 132 PAGE 10 OF 16 successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. O. INVESTMENT ADVISER PROVISIONS (a) Investment Management Services. (i) The City hereby engages the Consultant to serve as investment adviser under the terms of this Agreement with respect to the City’s account(s) (the “Account”), and the Consultant accepts such engagement. In connection therewith, the Consultant will provide investment research and supervision of the Account’s investments and conduct a continuous program of investment and evaluation of the Account’s assets. The Consultant shall continuously monitor investment opportunities and evaluate investments of the Account. The Consultant shall furnish the City with statistical information and reports with respect to investments of the Account. The Consultant shall place all orders for the purchase, sale, loan or exchange of portfolio securities for the City’s account with brokers or dealers recommended by the Consultant and/or the City, and to that end the Consultant is authorized as agent of the City to give instructions to the custodian designated by the City (the “Custodian”) as to deliveries of securities and payments of cash for the account of the City. In connection with the selection of such brokers and dealers and the placing of such orders, the Consultant is directed to seek for the City the most favorable execution and price, the determination of which may take into account, subject to any applicable laws, rules and regulations, whether statistical, research and other information or services have been or will be furnished to the Consultant by such brokers and dealers. 51 of 132 PAGE 11 OF 16 (ii) City and Consultant agree on the following explicit roles in the conduct of the investment decisions, and Consultant’s authority to implement those decisions. Consultant shall have no discretionary authority under this Agreement. Consultant shall make investment recommendations to the City in accordance with the Plan's written Investment Policy Statement (which may be updated upon written notice from the City to the Consultant without formal amendment to the Agreement). City agrees to evaluate the recommendations presented, and to either accept, reject, or modify the investment recommendations provided. The City is not limited to Consultant’s recommendations in the choice of investment decisions regarding the investment or the allocation of funds among those products, and Consultant may assist in the implementation of some or all investment decisions. Consultant will analyze the City’s asset class/style performance, investment risk asset allocation mix and investment expenses and provide periodic reports to City. (iii) In advising City’s Account, Consultant will rely upon information that City furnishes to Consultant without any obligation to verify such information. City agrees to notify Consultant promptly of any significant change in City’s financial circumstances or investment objectives that might affect the Investment Policy Statement or otherwise affect the manner in which the Account should be managed. City will promptly notify Consultant in writing if City considers any investments recommended or made for the Account to violate the Investment Policy Statement. City may at any time direct Consultant to sell such securities or take such other lawful actions as City may specify to effect compliance of the Account with the Investment Policy Statement. City also agrees to provide Consultant with such additional information as Consultant may request from time to time to assist it in advising the Account. Consultant's authority under this Agreement will remain in effect until changed or terminated by City in writing as contemplated by the terms of this Agreement. (iv) City may at any time add or withdraw assets from its Account, provided City gives Consultant reasonable notice. 52 of 132 PAGE 12 OF 16 (b) Other Compensation. If and to the extent that the City shall request the Consultant to render services other than the investment advisory services under this Agreement, such additional services shall be compensated separately on terms to be agreed upon between the Consultant and the City in writing. (c) Expenses. Except as expressly provided otherwise herein, the Consultant and City shall pay all of their own expenses incurred for performing their obligations under this Agreement and/or for related purposes, without right to reimbursement from the other Party. For the City, this includes, without limitation, paying their own taxes, commissions, fees and expenses of the City's independent auditors and legal counsel, if any, including, but not limited to, those incurred in responding to any subpoenas, brokerage and other expenses connected with the execution of portfolio security transactions, insurance premiums, and fees and expenses of the Custodian. (d) Registered Adviser. The Consultant hereby represents it is a registered investment adviser under the Investment Advisers Act of 1940, as amended. The Consultant shall immediately notify the City if at any time during the term of this Agreement it is not so registered or if its registration is suspended. (e) Consultant’s Other Clients. The City understands that the Consultant performs investment advisory services for various other clients which may include investment companies, commingled trust funds and/or individual portfolios. The City agrees that the Consultant, in the exercise of its professional judgment, may give advice or take action with respect to any of its other clients which may differ from advice given or the timing or nature of action taken with respect to the Managed Funds. The Consultant shall not have any obligation to purchase, sell or exchange any security for the Managed Funds solely by reason of the fact that the Consultant, its principals, affiliates, or employees may purchase, sell or exchange such security for the account of any other client or for itself or its own accounts. (f) Force Majeure. The Consultant shall have no liability for any losses arising out of the delays in performing or inability to perform the services which it renders under this Agreement which result from events beyond its control, including interruption of the business activities of the Consultant or other financial institutions due to acts of God, acts of governmental authority, acts of war, terrorism, civil insurrection, riots, labor difficulties, or any action or inaction of any carrier or utility, or mechanical or other malfunction. (g) Consultant’s Standard of Care. The Consultant agrees to perform its duties and responsibilities under this Agreement with reasonable care. Except as may otherwise 53 of 132 PAGE 13 OF 16 be provided by law, Consultant will not be liable to City for (a) any loss that City may suffer by reason of any investment decision made or other action taken or omitted in good faith by Consultant with that degree of care, skill, prudence, and diligence under the circumstances that a prudent person acting in a fiduciary capacity would use; (b) any loss arising from Consultant's adherence to City's Investment Strategy Policy Statement and/or instructions; or (c) any act or failure to act by Custodian, any broker or dealer to which Consultant directs transactions for the Account, or by any other third party. City shall indemnify and defend Consultant and its officers and employees and hold them harmless from and against any and all claims, losses, damages, liabilities and expenses, as they are incurred, by reason of any act or omission of City or any custodian, broker, agent or other third party selected by Consultant in a commercially reasonable manner or selected by City, except as arise from Consultant's breach of fiduciary duty to City. Notwithstanding anything to the contrary set forth in the Investment Policy Statement, Consultant will not be responsible for determining or ensuring that City's Investment Policy Statement are or will remain compliant with any laws or regulations applicable to City. The federal and state securities laws impose liabilities under certain circumstances on persons who act in good faith, and therefore nothing in this Agreement will waive or limit any rights that City may have under those laws. (h) Books. Consultant will furnish information, reports or statements at such times and in such manner as City may from time to time reasonably request, and Consultant shall report to City regularly at such times and in such detail as City may from time to time reasonably determine to be appropriate, in order to permit City to determine that Consultant’s Account assets are consistent with the Investment Policy Statement. Securities in the Account that are listed on a national securities exchange will be valued at the closing price on the principal market on which the securities are traded on the valuation date. Other securities or investments in the Account will be valued in a manner determined in good faith by Consultant in accordance with Consultant's valuation methods and procedures to reflect fair market value. Consultant will send reports or statements to the address set forth on the signature page of this Agreement or such other address to which City may request in writing that they be sent. (i) Brochure and Brochure Supplement. City acknowledges that it has been provided with all information necessary in connection with the services to be provided by Consultant hereunder, including a copy of Parts 2A and 2B of Consultant's Form ADV prior to or at the time of City's execution of this Agreement. (j) Execution. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which together will constitute one and the same instrument. Counterpart signature pages may be delivered by email or 54 of 132 PAGE 14 OF 16 other means of electronic transmission. Electronic signatures will be deemed original signatures for all purposes. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ Kari Roller Finance Administrator Luke Schneider Managing Director _____________________________ Date ____ ___ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: __________________________ Shane Moloney City Attorney 55 of 132 PAGE 15 OF 16 Exhibit A Scope of Services: 1. Provide full-time, non-discretionary investment advisory services of the portion of the City’s portfolio under advisement. 2. Be available in a timely manner, in person, by telephone or e-mail, for consultation or advice. 3. Review and recommend modifications, as needed, to the City Investment Policy. 4. Attend all quarterly Investment Committee meetings and prepare and present written reports to include economic summary information, City investment activity and City compliance with approved policies and state statues, without separate charge for costs of such attendance. 5. Perform an independent third-party review of the total portfolio and individual trades. 6. Evaluate the overall risk to the portfolio associated with securities maintained in the portfolio. Review, recommend, and assist with implementing changes to the current investment portfolio and strategy. 7. Evaluate the current benchmarking techniques used to assess the portfolio performance, and if needed, provide the City assistance in establishing new benchmarks. 8. Provide investment advice including break-even analysis and strategic recommendations for portfolio rebalancing to optimize investment opportunities. An example would include the recommendations made to sell low yield securities and replace them with higher yielding securities. 9. Determine if current reporting practices are adequate, and/or recommend appropriate modifications. 10. Comply with all Federal and applicable State of Washington laws as well as ordinances, resolutions and policies of the City relating to investment of public funds, as reflected in the Investment Policy Statement. 11. Annually perform due diligence reviews of current and proposed broker/dealers as described in the City investment policy. Monitor the creditworthiness of the financial institutions with which the City does business. Assist in in keeping the authorized financial institution list updated. Monitor the creditworthiness of the City’s depository and custodian bank and investments in the portfolio. 12. Provide a statement of upcoming cash flows including maturities, coupons, called securities and potential callable investments for a period of 45 days weekly to the City. Upon request, able to perform a statement of upcoming cash flows for a six-month period. 13. Provide City staff investment training and technical advice as needed. This includes working with City staff to assure coordination of investment trades, delivery of the securities and availability of funds. Assist with trade settlements. Obtain and document competitive prices for securities transactions. Provide technical and fundamental market research including yield curve analysis and future interest rate movements. 56 of 132 PAGE 16 OF 16 14. Provide itemized invoices of charges and periodic status reports on the services provided by the firm on monthly basis. Fee Structure: For services provided by the Consultant pursuant to this Agreement, the City shall pay the Consultant a monthly fee based on the daily net assets under management at the annualized percentage rate of 4 basis points (0.04%). “Daily net assets” is defined to include the amortized value of securities, accrued interest and the market value of cash or any money market fund balance. The Consultant’s annual fee shall start to accrue as of the date that the City’s Account is funded. The minimum monthly fee is $3,330. For avoidance of doubt, in any month commencing with the funding of the Consultant’s Account where the amount of the fee calculated under the schedule above is less than the amount of such equal monthly installment, then the amount of such equal monthly installment shall be applied. The Consultant will bill the City monthly for service performed under this Agreement, said bill to include a statement indicating the basis upon which the fee was calculated. The City shall pay to the Consultant the amount payable pursuant to this Agreement not later than on the 15th day of the month following the month during which the Consultant's statement was rendered. If and to the extent that the City shall request the Consultant to render services other than those to be rendered by the Consultant hereunder, such additional services shall be compensated separately on terms to be agreed upon between the Consultant and the City. 57 of 132 CITY OF RENTON, WASHINGTON RESOLUTION NO. 4085 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ADOPTING AN AMENDED FAIR PRACTICES POLICY IN ORDER TO ESTABLISH A PLAN APPROVED BY THE WASHINGTON STATE HUMAN RIGHTS COMMISSION. WHEREAS, the City of Renton has heretofore established a Fair Practices Policy; and WHEREAS, it is deemed necessary and in the public interest to amend such policy in order to establish a plan approved by the Washington State Human Rights Commission; and WHEREAS, it is advisable to adopt such a policy, as amended; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The City's amended Fair Practices Policy, a summary of which is attached hereto, labeled Exhibit "A" and made a part hereof as if fully set forth, is hereby adopted and established as the City of Renton's Fair Practices Policy. PASSED BY THE CITY COUNCIL this� day of _M_a_r_c _h ____ _, 2011. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this� day of __ M _a_rc_h _____ _, 2011. Denis Law, Mayor 1 58 of 132 RESOLUTION NO. 4085 Approved as to form: pC^^pM Lawrence J. Warren, City Attorney RES:1499:2/22/ll:scr 59 of 132 A" EXHIBIT "A CITY OF RENTON SUMMARY OF FAIR PRACTICES POLICY ADOPTED BY RESOLUTION NO. 4085 It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to ensure equal employment opportunity to all persons without regard to their race; religion/creed; national origin; ancestry; sex; age over 40; sexual orientation or gender identity; pregnancy; HIV/AIDS and Hepatitis C status; use of a guide dog/service animal; marital status; parental/family status; military status; or veteran's status, or the presence of a physical, sensory, or mental disability, when the City of Renton can reasonably accommodate the disability, of employees and applicants for employment and fair, non-discriminatory treatment to all citizens. All departments of the City of Renton shall adhere to the following guidelines: 1) EMPLOYMENT PRACTICES - The City of Renton will ensure all employment related activities included recruitment, selection, promotion, demotion, training, retention and separation are conducted in a manner which is based on job-related criteria which does not discriminate against women, minorities and other protected classes. Human resources decisions will be in accordance with individual performance, staffing requirements, governing civil service rules, and labor contract agreements. 2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity in employment. 3) CONTRACTORS' OBLIGATIONS - Contractors, sub-contractors, consultants and suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair Practices and Non-discrimination policies set forth by the law and by City policy. Copies of this policy shall be distributed to all City employees, shall appear in all operational documentation of the City, including bid calls, and shall be prominently displayed in appropriate city facilities. CONCURRED IN by the City Council of the City of Renton, Washington, this 7_th day of March t 2011 . CITYfShRENTON A RENTON CITY COUNCIL Denis Law, Mayor Council President Attest: Bonnie I. Walton, City Clerk 60 of 132 1 SUBJECT/TITLE:Interagency Agreement with WTSC - 2026 Sub-grants 5862 Region 7_8 Law Enforcement Liaison RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Police STAFF CONTACT: STAFF: Michelle Canzano, Administrative Assistant to Police EXT.: 7507 The sub-grant reimburses the Renton Police Department for costs related to the Law Enforcement Liaison Program between December 8, 2025, and September 30, 2026, up to $4,000. Budget adjustment will be made in Q1 of 2026. Receive funds from the Washington Traffic Safety Commission for Law Enforcement Liaison to increase law enforcement participation in traffic safety enforcement and to serve as a resource for the regions Target Zero manager. Approve the interagency agreement with the Washington Traffic Safety Commission for Law Enforcement Liaison to receive up to $4,000 in grant funds to increase law enforcement participation in traffic safety enforcement and to serve as a resource for the regions Target Zero Manager. City Council Regular Meeting FISCAL IMPACT SUMMARY: SUMMARY OF ACTION STAFF RECOMMENDATION 61 of 132 Interagency Agreement-2026-Sub-grants-5862-Region 7/8 Law Enforcement Liaison INTERAGENCY AGREEMENT BETWEEN THE Washington Traffic Safety Commission AND Renton Police Department 2026-Sub-grants-5862-Region 7/8 Law Enforcement Liaison THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety Commission, hereinafter referred to as “WTSC,” and Renton Police Department, hereinafter referred to as “SUB-RECIPIENT.” NOW THEREFORE, in consideration of the authority provided to WTSC in RCW 43.59 and RCW 39.34, terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties mutually agree as follows: 1. PURPOSE OF THE AGREEMENT: The purpose of this Agreement is to provide funding, provided by the United States Department of Transportation (USDOT) National Highway Traffic Safety Administration (NHTSA) and allowed under the Assistance Listing #20.600, for traffic safety grant project 2026-Sub-grants-5862-Region 7/8 Law Enforcement Liaison. 2. PERIOD OF PERFORMANCE The period of performance of this Agreement shall commence upon the date of execution by both parties or December 8, 2025, whichever is later, and remain in effect until September 30, 2026, unless terminated sooner, as provided herein. page 1 of 23 62 of 132 3. STATEMENT OF WORK The SUB-RECIPIENT shall carry out the provisions of the traffic safety project described here as the Statement of Work (SOW). If the SUB-RECIPIENT is unable to fulfill the SOW in any manner on this project, the SUB-RECIPIENT must contact the WTSC program manager immediately and discuss a potential amendment. All Federal and State regulations will apply. 3.1 SCOPE OF WORK 3.1.1 Problem ID and/or Opportunity The Law Enforcement Liaison (LEL) program provides an opportunity for the WTSC to work with local law enforcement agencies to develop and implement statewide initiatives focusing on traffic safety education and culture change at the local level. The frequency of contact with local law enforcement is important to help facilitate their cooperation in achieving the Washington State Traffic Safety Commission’s (WTSC) mission of building partnerships to save lives and prevent injuries on our roadways for the health, safety, and benefit of our communities. The LEL program provides the conduit to make those connections while helping the WTSC and local coordinators implement agency strategies. 3.1.2 Project Purpose and Strategies The purpose of this project is to increase law enforcement participation in traffic safety enforcement and to serve as a resource for local law enforcement agencies for other WTSC supported programming. This project supports the effectiveness of many other WTSC-funded projects, particularly those that involve law enforcement activity. 3.2 PROJECT GOALS 1) Grow participation in regional traffic safety activities, with a goal of 75% of law enforcement agencies in the region participating in HVE events in the fiscal year. 2) Provide leadership in the development of professional development for traffic safety minded officers, with the long term goal of increasing the number of law enforcement agency leaders/admin who believe that traffic safety is a priority. 3) Provide guidance/feedback on law enforcement topics to the regional Target Zero Manager and traffic safety coalition (if applicable). 3.2.1 The objectives, measures and timelines listed in Appendix A will be reviewed at least annually by the designated contacts of the SUB-RECIPIENT and WTSC, and may be updated pursuant to clause 6 of this AGREEMENT. For the purposes of this section only, the parties’ DESIGNATED CONTACTS, as listed in clause 42, are authorized to execute these amendments to Appendix A. page 2 of 23 63 of 132 3.3. COMPENSATION 3.3.1 The cost of accomplishing the work described in the SOW will not exceed $4,000.00, for the entire period of performance, as allocated to each year of this agreement in Section 3.4 PROJECT COSTS. Unspent contract funds from each year do NOT carry over into subsequent years and each year’s budget is independent of the others. 3.3.2 Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount in a written Amendment to this Agreement executed by both parties. 3.3.3 After the first year, continuation is subject to funding availability, agreement on future objectives and measures, and satisfactory progress toward completion of agreed upon goals (as determined by WTSC), as set forth in the SOW. 3.3.4 If the SUB-RECIPIENT intends to charge indirect costs, an Indirect Cost Rate must be established in accordance with WTSC policies, and an approved cost allocation plan may be required to be submitted to the WTSC before any performance is conducted under this Agreement. Indirect cost rates are subject to change based on updated Indirect Rate Letters from a cognizant federal agency or approved cost allocation plans. If the indirect rate increases, the budget will be modified by deducting the amount of the indirect rate increase from other budget categories so that the total budget does not increase. The total budget may not increase without an amendment to this agreement executed by both parties. 3.3.5 WTSC will only reimburse the SUB-RECIPIENT for travel related expenses for travel defined in the scope of work and budget or for which approval was expressly granted. The SUB-RECIPIENT must submit a travel authorization form (A-40) to request approval for any travel not defined in the SOW and for all travel outside of the continental United States. 3.3.6 WTSC will reimburse travel related expenses consistent with the written travel policies of the SUB- RECIPIENT. If no written policy exists, state travel rates and policies (SAAM Chapter 10) apply. If WTSC makes travel arrangements on behalf of the SUB-RECIPIENT, state travel policies must also be followed. Washington State Administrative & Accounting Manual (SAAM) Chapter 10 can be obtained at this website: https://www.ofm.wa.gov/sites/default/files/public/legacy/policy/10.htm. If for any reason, this information is not available at this website, contact the WTSC office at 360-725-9860 to obtain a copy. If following state travel policies, the SUB-RECIPIENT must provide appropriate documentation (receipts) to support reimbursement requests, including the A-40 Travel Authorization form if required. 3.3.7. Any equipment that will be purchased under this agreement with a purchase price over $10,000 must be pre-approved by NHTSA prior to purchase. Pre-approval must also be gained if funding from this agreement is used to purchase a portion of an item with a purchase price of $10,000 or higher. Approval page 3 of 23 64 of 132 for these purchases will be facilitated by WTSC. WTSC will notify the SUB-RECIPIENT when approval has been gained or denied. Failure to receive pre-approval will preclude reimbursement. Any equipment purchased with NHTSA funds must be used exclusively for traffic safety purposes or the cost must be pro-rated. If required under the Buy America Act, SUB-RECIPIENT will provide WTSC with purchase price, quote, manufacturer, description of its use in the project, and documentation showing that it is made in America. 3.3.8. All equipment must be inventoried by the SUB-RECIPIENT. The SUB-RECIPIENT agrees to maintain the equipment, continue to use it for project purposes, and report on its status to WTSC each year when requested. 3.3.9. Equipment is defined as any asset with a useful life greater than one year AND a unit cost of $10,000 or greater, and small and attractive assets. Small and attractive assets are the following if they a unit cost of $300 or more: Laptops and Notebook Computers Tablets and Smart phones Small and attractive assets also include the following if they have a unit cost of $1000 or more: Optical Devices, Binoculars, Telescopes, Infrared Viewers, and Rangefinders Cameras and Photographic Projection Equipment Desktop Computers (PCs) Television Sets, DVD Players, Blu-ray Players and Video Cameras (home type) 3.4 PROJECT COSTS The costs for the work under the SOW to be provided by the SUB-RECIPIENT are as follows: Year 1: $4,000.00 APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS: 4. ACTIVITY REPORTS The SUB-RECIPIENT will submit progress reports on the activity of this project in the form provided by page 4 of 23 65 of 132 the WTSC using the WTSC Enterprise Management System (WEMS) Progress Reporting process or other alternate means pre-approved by WTSC. The SUB-RECIPIENT will include copies of publications, training reports, advertising, social media posts, meeting agendas, and any statistical data generated in project execution in the reports. The final report will be submitted to WTSC within 30 days of termination of this Agreement. WTSC reserves the right to delay the processing of invoices until activity reports are received and approved. 5. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Agreement shall be made by the WTSC. 6. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties in the form of a written Amendment to this Agreement. Such amendments shall only be binding if they are in writing and signed by personnel authorized to bind each of the parties. 7. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 8. SUBCONTRACTING REQUIREMENTS The SUB-RECIPIENT may not assign the work to be provided under this Agreement, in whole or in part, without the express prior written consent of the WTSC, which consent shall not be unreasonably withheld. The SUB-RECIPIENT shall provide the WTSC a copy of all third-party contracts and agreements entered into for purposes of fulfilling the SOW. Such third-party contracts and agreements must follow applicable federal, state, and local law, including but not limited to procurement law, rules, and procedures. If any of the funds provided under this Agreement include funds from NHTSA, such third-party contracts and agreements must include the federal provisions set forth in this Agreement in sections 33 through 42. 9. ATTORNEYS’ FEES In the event of litigation or other action brought to enforce the Agreement terms, each party agrees to bear its own attorney fees and costs. 10. BILLING PROCEDURE The SUB-RECIPIENT shall submit monthly invoices for reimbursement to WTSC with supporting documentation as WTSC shall require. All invoices for reimbursement shall be submitted through the WEMS invoicing process, or via alternate method if approved by WTSC. Payment to the SUB- RECIPIENT for approved and completed work will be made by warrant or account transfer by WTSC page 5 of 23 66 of 132 within 30 days of receipt of such properly documented invoices acceptable to WTSC. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 45 days after the expiration date of this Agreement. All invoices for goods received or services performed on or prior to June 30, must be received by WTSC no later than August 10 of the same calendar year. All invoices for goods received or services performed between July 1 and September 30, must be received by WTSC no later than November 15 of the same calendar year. WTSC reserves the right to delay the processing of invoices until activity reports required by Section 4 of this agreement, are received and approved. 11. CONFIDENTIALITY / SAFEGUARDING OF INFORMATION 11.1 The SUB-RECIPIENT shall not use or disclose any confidential information, or information which may be classified as confidential information as defined in RCW 42.56.590, for any purpose, except with prior written consent of the WTSC, or as may be required by law. Notwithstanding any provision to the contrary, SUB-RECIPIENT’s use of confidential information will be in compliance with all applicable state and federal law. 11.2 NETWORK ACCESS. During its performance of this Agreement, SUB-RECIPIENT may be granted access to WTSC’s computer and telecommunication networks (“Networks”). As a condition of Network use, SUB-RECIPIENT shall: (a) use the Networks in compliance with all applicable laws, rules, and regulations; (b) use software, protocols, and procedures as directed by WTSC to access and use the Networks; (c) only access Network locations made available to SUB-RECIPIENT by WTSC; (d) not interfere with or disrupt other users of the Networks; (e) assure the transmissions over the Networks by SUB-RECIPIENT (i) do not contain any libelous, defamatory, profane, offensive, obscene, pornographic, or unlawful material, and (ii) are not used to perform any illegal activities, including but not limited to, encouraging, selling, or soliciting illegal drugs, gambling, pornography, prostitution, robbery, spreading computer worms or viruses, hacking into computer systems, or trafficking credit card codes; and (f) upon termination or expiration of the Agreement, relinquish all IP addresses or address blocks assigned to them on the Networks. 12. COST PRINCIPLES Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E. 13. COVENANT AGAINST CONTINGENT FEES The SUB-RECIPIENT warrants that it has not paid, and agrees not to pay, any bonus, commission, brokerage, or contingent fee to solicit or secure this Agreement or to obtain approval of any application for federal financial assistance for this Agreement. The WTSC shall have the right, in the event of breach of this section by the SUB-RECIPIENT, to annul this Agreement without liability. 14. DISPUTES 14.1. Disputes arising in the performance of this Agreement, which are not resolved by agreement of the page 6 of 23 67 of 132 parties, shall be decided in writing by the WTSC Deputy Director or designee. This decision shall be final and conclusive, unless within 10 days from the date of the SUB-RECIPIENT’s receipt of WTSC’s written decision, the SUB-RECIPIENT furnishes a written appeal to the WTSC Director. The SUB-RECIPIENT’s appeal shall be decided in writing by the Director or designee within 30 days of receipt of the appeal by the Director. The decision shall be binding upon the SUB-RECIPIENT and the SUB-RECIPIENT shall abide by the decision. 14.2. Performance During Dispute. Unless otherwise directed by WTSC, the SUB-RECIPIENT shall continue performance under this Agreement while matters in dispute are being resolved. 14.3 In the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the Parties hereto agree that any such action or proceedings shall be brought in the superior court situated in Thurston County, Washington. 15. GOVERNANCE 15.1. This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. 15.2. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: 15.2.1. Applicable federal and state statutes and rules 15.2.2. Terms and Conditions of this Agreement 15.2.3. Any Amendment executed under this Agreement 15.2.4. Any SOW executed under this Agreement 15.2.5. Any other provisions of the Agreement, including materials incorporated by reference 16. INCOME Any income earned by the SUB-RECIPIENT from the conduct of the SOW (e.g., sale of publications, registration fees, or service charges) must be accounted for, reported to WTSC, and that income must be applied to project purposes or used to reduce project costs. 17. INDEMNIFICATION 17.1. To the fullest extent permitted by law, the SUB-RECIPIENT shall indemnify and hold harmless the WTSC, its officers, employees, and agents, and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs of whatsoever kind (“claims”) brought against WTSC arising out of or in connection with this Agreement and/or the SUB- RECIPIENT’s performance or failure to perform any aspect of the Agreement. This indemnity provision page 7 of 23 68 of 132 applies to all claims against WTSC, its officers, employees, and agents arising out of, in connection with, or incident to the acts or omissions of the SUB-RECIPIENT, its officers, employees, agents, contractors, and subcontractors. Provided, however, that nothing herein shall require the SUB-RECIPIENT to indemnify and hold harmless or defend the WTSC, its agents, employees, or officers to the extent that claims are caused by the negligent acts or omissions of the WTSC, its officers, employees or agents; and provided further that if such claims result from the concurrent negligence of (a) the SUB-RECIPIENT, its officers, employees, agents, contractors, or subcontractors, and (b) the WTSC, its officers, employees, or agents, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of the SUB-RECIPIENT, its officers, employees, agents, contractors, or subcontractors. 17.2. The SUB-RECIPIENT agrees that its obligations under this Section extend to any claim, demand and/or cause of action brought by, or on behalf of, any of its employees or agents in the performance of this agreement. For this purpose, the SUB-RECIPIENT, by mutual negotiation, hereby waives with respect to WTSC only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provisions chapter 51.12 RCW. 17.3. The indemnification and hold harmless provision shall survive termination of this Agreement. 18. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 19. INSURANCE COVERAGE 19.1. The SUB-RECIPIENT shall comply with the provisions of Title 51 RCW, Industrial Insurance, if required by law. 19.2. If the SUB-RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW, prior to the start of any performance of work under this Agreement, the SUB-RECIPIENT shall provide WTSC with proof of insurance coverage (e.g., vehicle liability insurance, private property liability insurance, or commercial property liability insurance), as determined appropriate by WTSC, which protects the SUB- RECIPIENT and WTSC from risks associated with executing the SOW associated with this Agreement. 20. LICENSING, ACCREDITATION, AND REGISTRATION The SUB-RECIPIENT shall comply with all applicable local, state, and federal licensing, accreditation, and registration requirements and standards necessary for the performance of this Agreement. The SUB- RECIPIENT shall complete registration with the Washington State Department of Revenue, if required, and be responsible for payment of all taxes due on payments made under this Agreement. page 8 of 23 69 of 132 21. RECORDS MAINTENANCE 21.1. During the term of this Agreement and for six years thereafter, the SUB-RECIPIENT shall maintain books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect costs expended in the performance of the services described herein. These records shall be subject to inspection, review, or audit by authorized personnel of the WTSC, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration. The Office of the State Auditor, federal auditors, the WTSC, and any duly authorized representatives shall have full access and the right to examine any of these materials during this period. 21.2. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving them a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. 22. RIGHT OF INSPECTION The SUB-RECIPIENT shall provide right of access to its facilities to the WTSC 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 Agreement. The SUB-RECIPIENT shall make available information necessary for WTSC to comply with the right to access, amend, and receive an accounting of disclosures of their Personal Information according to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. The SUB-RECIPIENT shall upon request make available to the WTSC and the United States Secretary of the Department of Health and Human Services all internal policies and procedures, books, and records relating to the safeguarding, use, and disclosure of Personal Information obtained or used as a result of this Agreement. 23. RIGHTS IN DATA 23.1. WTSC and SUB-RECIPIENT agree that all data and work products (collectively called “Work Product”) pursuant to this Agreement shall be considered works made for hire under the U.S. Copyright Act, 17 USC §101 et seq., and shall be owned by the state of Washington. Work Product includes, but is not limited to, reports, documents, pamphlets, advertisement, books, magazines, surveys, studies, computer programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings, software, and/or databases to the extent provided by law. Ownership includes the right to copyright, register the page 9 of 23 70 of 132 copyright, distribute, prepare derivative works, publicly perform, publicly display, and the ability to otherwise use and transfer these rights. 23.2. If for any reason the Work Product would not be considered a work made for hire under applicable law, the SUB-RECIPIENT assigns and transfers to WTSC the entire right, title, and interest in and to all rights in the Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. 23.3. The SUB-RECIPIENT may publish, at its own expense, the results of project activities without prior review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment of the support provided by NHTSA and the WTSC. Any discovery or invention derived from work performed under this project shall be referred to the WTSC, who will determine through NHTSA whether patent protections will be sought, how any rights will be administered, and other actions required to protect the public interest. 24. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to completion of the SOW under this Agreement, the WTSC may terminate the Agreement under the "TERMINATION FOR CONVENIENCE" clause, without the 30 day notice requirement. The Agreement is subject to renegotiation at the WTSC’s discretion under any new funding limitations or conditions. 25. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. 26. SITE SECURITY While on WTSC premises, or while interacting with WTSC’s personnel, the SUB-RECIPIENT, its agents, employees, or sub-contractors shall conform in all respects with all WTSC physical, fire, or other security policies and applicable regulations and not interfere with WTSC’s operations. 27. TAXES All payments of payroll taxes, unemployment contributions, any other taxes, insurance, or other such expenses for the SUB-RECIPIENT or its staff shall be the sole responsibility of the SUB-RECIPIENT. 28. TERMINATION FOR CAUSE page 10 of 23 71 of 132 If the SUB-RECIPIENT does not fulfill in a timely and proper manner its obligations under this Agreement or violates any of these terms and conditions, the WTSC will give the SUB-RECIPIENT written notice of such failure or violation, and may terminate this Agreement immediately. At the WTSC’s discretion, the SUB-RECIPIENT may be given 15 days to correct the violation or failure. In the event that the SUB- RECIPIENT is given the opportunity to correct the violation and the violation is not corrected within the 15-day period, this Agreement may be terminated at the end of that period by written notice of the WTSC. 29. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Agreement, either party may terminate this Agreement, without cause or reason, with 30 days written notice to the other party. If this Agreement is so terminated, the WTSC shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. 30. TREATMENT OF ASSETS 30.1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property furnished by the SUB-RECIPIENT for the cost of which the SUB-RECIPIENT is entitled to be reimbursed as a direct item of cost under this Agreement shall pass to and vest in the WTSC upon delivery of such property by the SUB-RECIPIENT. Title to other property, the cost of which is reimbursable to the SUB- RECIPIENT under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of such property in the performance of this Agreement, or (ii) commencement of use of such property in the performance of this Agreement, or (iii) reimbursement of the cost thereof by the WTSC in whole or in part, whichever first occurs. 30.2. Any property of the WTSC furnished to the SUB-RECIPIENT shall, unless otherwise provided herein or approved by the WTSC, be used only for the performance of this Agreement. 30.3. The SUB-RECIPIENT shall be responsible for any loss or damage to property of the WTSC which results from the negligence of the SUB-RECIPIENT or which results from the failure on the part of the SUB-RECIPIENT to maintain and administer that property in accordance with sound management practices. 30.4. If any WTSC property is lost, destroyed, or damaged, the SUB-RECIPIENT shall immediately notify the WTSC and shall take all reasonable steps to protect the property from further damage. 30.5. The SUB-RECIPIENT shall surrender to the WTSC all property of the WTSC prior to settlement, upon completion, termination, or cancellation of this Agreement. 30.6. All reference to the SUB-RECIPIENT under this clause shall also include SUB-RECIPIENT's employees, agents, or sub-contractors. page 11 of 23 72 of 132 31. STATE NONDISCRIMINATION 31.1 Nondiscrimination Requirement. During the term of this Agreement, SUB-RECIPIENT, including any subcontractors, shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, SUB- RECIPIENT, including any subcontractors, shall give written notice of this nondiscrimination requirement to any labor organizations with which SUB-RECIPIENT, or subcontractor, has a collective bargaining or other agreement. 31.2 Obligation to Cooperate. SUB-RECIPIENT, including any subcontractors, shall cooperate and comply with any Washington state agency investigation regarding any allegation that SUB-RECIPIENT, including any subcontractor, has engaged in discrimination prohibited by this Agreement pursuant to RCW 49.60.530(3). 31.3 Default. Notwithstanding any provision to the contrary, WTSC may suspend SUB-RECIPIENT, including any subcontractors, upon notice of a failure to participate and cooperate with any state agency investigation into alleged discrimination prohibited by this Agreement, pursuant to RCW 49.60.530(3). Any such suspension will remain in place until WTSC receives notification that SUB-RECIPIENT, including any subcontractors, is cooperating with the investigating state agency. In the event SUB- RECIPIENT, or subcontractor, is determined to have engaged in discrimination identified at RCW 49.60.530(3), WTSC may terminate this Agreement in whole or in part, and SUB-RECIPIENT, subcontractor, or both, may be referred for debarment as provided in RCW 39.26.200. The SUB- RECIPIENT, 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. 31.4 Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Agreement termination or suspension for engaging in discrimination, SUB-RECIPIENT, subcontractor, or both, shall be liable for contract damages as authorized by law including, but not limited to, any cost difference between the original Agreement and the replacement or cover Agreement and all administrative costs directly related to the replacement Agreement, which damages are distinct from any penalties imposed under Chapter 49.60, RCW. WTSC shall have the right to deduct from any monies due to SUB- RECIPIENT or subcontractors, or that thereafter become due, an amount for damages SUB-RECIPIENT or subcontractor will owe WTSC for default under this provision. 32. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement. page 12 of 23 73 of 132 APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 CFR PART 1300 APPENDIX A): 33. BUY AMERICA ACT The SUB-RECIPIENT will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using federal funds. Buy America requires the SUB-RECIPIENT to purchase only steel, iron, and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use federal funds to purchase foreign produced items, the WTSC must submit a waiver request that provides an adequate basis and justification, and which is approved by the Secretary of Transportation. 34. DEBARMENT AND SUSPENSION Instructions for Lower Tier Certification 34.1. By signing this Agreement, the SUB-RECIPIENT (hereinafter in this section referred to as the “lower tier participant”) is providing the certification set out below and agrees to comply with the requirements of 2 CFR part 180 and 23 CFR part 1200. 34.2. The certification in this section is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 34.3. The lower tier participant shall provide immediate written notice to the WTSC if at any time the lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 34.4. The terms covered transaction, civil judgement, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. 34.5. The lower tier participant agrees by signing this Agreement that it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by WTSC. page 13 of 23 74 of 132 34.6. The lower tier participant further agrees by signing this Agreement that it will include the clause titled “Instructions for Lower Tier Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions, and will require lower tier participants to comply with 2 CFR part 180 and 23 CFR part 1200. 34.7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). 34.8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 34.9. Except for transactions authorized under paragraph 34.5. of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions 34.10. The lower tier participant certifies, by signing this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 33.11. Where the lower tier participant is unable to certify to any of the statements in this certification, such participant shall attach an explanation to this Agreement. 35. THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103) 35.1. The SUB-RECIPIENT shall: page 14 of 23 75 of 132 35.1.1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the SUB-RECIPIENT'S workplace, and shall specify the actions that will be taken against employees for violation of such prohibition. 35.1.2. Establish a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace; the SUB-RECIPIENT’s policy of maintaining a drug-free workplace; any available drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed upon employees for drug violations occurring in the workplace. 35.1.3. Make it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph 35.1.1. of this section. 35.1.4. Notify the employee in the statement required by paragraph 35.1.1. of this section that, as a condition of employment under the grant, the employee will abide by the terms of the statement, notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction, and notify the WTSC within 10 days after receiving notice from an employee or otherwise receiving actual notice of such conviction. 35.1.5. Take one of the following actions within 30 days of receiving notice under paragraph 35.1.4. of this section, with respect to any employee who is so convicted: take appropriate personnel action against such an employee, up to and including termination, and/or require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. 35.1.6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above. 36. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) In accordance with FFATA, the SUB-RECIPIENT shall, upon request, provide WTSC the names and total compensation of the five most highly compensated officers of the entity, if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in federal awards, received $25,000,000 or more in annual gross revenues from federal awards, and if the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986. 37. FEDERAL LOBBYING 37.1. The undersigned certifies, to the best of his or her knowledge and belief, that: page 15 of 23 76 of 132 37.1.1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 37.1.2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. 37.1.3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts under grant, loans, and cooperative agreements), and that all sub-recipients shall certify and disclose accordingly. 37.2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 38. FEDERAL NONDISCRIMINATION (Title VI, 42 U.S.C. § 2000d et seq.) 38.1. During the performance of this Agreement, the SUB-RECIPIENT agrees: 38.1.1. To comply with all federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to: 38.1.1.1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252 38.1.1.2. 49 CFR part 21 38.1.1.3. 28 CFR section 50.3 38.1.1.4. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 38.1.1.5. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.) 38.1.1.6. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.) 38.1.1.7. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.) 38.1.1.8. The Civil Rights Restoration Act of 1987 38.1.1.9. Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) page 16 of 23 77 of 132 38.1.2. Not to participate directly or indirectly in the discrimination prohibited by any federal non- discrimination law or regulation, as set forth in Appendix B of 49 CFR Part 21 and herein. 38.1.3. To keep and permit access to its books, records, accounts, other sources of information, and its facilities as required by the WTSC, USDOT, or NHTSA in a timely, complete, and accurate way. Additionally, the SUB-RECIPIENT must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 38.1.4. That, in the event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding Agreement, the WTSC will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies, and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part. 38.1.5. In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the SUB-RECIPIENT hereby gives assurance that it will promptly take any measures necessary to ensure that: “No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA”. 38.1.6 To insert this clause, including all paragraphs, in every sub-contract and sub-agreement and in every solicitation for a sub-contract or sub-agreement that receives federal funds under this program. 39. POLITICAL ACTIVITY (HATCH ACT) The SUB-RECIPIENT will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 40. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE The SUB-RECIPIENT will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. This Agreement does not include any aspects or elements of helmet usage or checkpoints, and so fully complies with this requirement. 41. STATE LOBBYING None of the funds under this Agreement will be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., page 17 of 23 78 of 132 “grassroots”) lobbying activities, with one exception. This does not preclude a state official whose salary is supported with NHTSA funds from engaging in direct communications with state or local legislative officials, in accordance with customary state practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. 42. CERTIFICATION ON CONFLICT OF INTEREST General Requirements 42.1. No employee, officer or agent of the SUB-RECIPIENT who is authorized in an official capacity to negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal 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 personal interest in or a tangible personal benefit from an entity considered for a subaward. 42.2. Based on this policy: 42.2.1. The SUB-RECIPIENT shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. The code or standards shall provide that the SUB-RECIPIENT’s officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential sub- awardees, including contractors or parties to subcontracts and establish penalties, sanctions or other disciplinary actions for violations, as permitted by State or local law or regulation. 42.2.2. The SUB-RECIPIENT shall maintain responsibility to enforce the requirements of the written code or standards of conduct. Disclosure Requirements 42.3. No SUB-RECIPIENT, including its officers, employees or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. 42.3.1. The SUB-RECIPIENT shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to WTSC. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict. 42.3.2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine page 18 of 23 79 of 132 that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict. 43.3.3 Conflicts of interest that require disclosure include all past, present or currently planned organizational, financial, contractual or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any SUB-RECIPIENT, affiliate, proposed consultant, proposed subcontractor and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a SUB-RECIPIENT, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization. 43. DESIGNATED CONTACTS The following named individuals will serve as designated contacts for each of the parties for all communications, notices, and reimbursements regarding this Agreement: The Contact for the SUB-RECIPIENT is:The Contact for WTSC is: Corey Jacobs CJacobs@Rentonwa.gov 425-430-7596 Jerry Noviello jnoviello@wtsc.wa.gov 360-725-9897 ext. 44. AUTHORITY TO SIGN The undersigned acknowledge that they are authorized to execute this Agreement and bind their respective agencies or entities to the obligations set forth herein. IN WITNESS WHEREOF, the parties have executed this Agreement. Renton Police Department _____________________________________ Signature page 19 of 23 80 of 132 _____________________________________ Printed Name _____________________________________ Title _____________________________________ Date WASHINGTON TRAFFIC SAFETY COMMISSION _____________________________________ Signature _____________________________________ Printed Name _____________________________________ Title _____________________________________ Date page 20 of 23 81 of 132 APPENDIX A Project Costs Year 1 BUDGET CATEGORY DESCRIPTION DIRECT AMOUNT Indirect Cost Rate Indirect Amount Total Budget Employee salaries and benefits $4,000.00 0% $0.00 $4,000.00 Travel $0.00 0% $0.00 $0.00 Contract Services $0.00 0% $0.00 $0.00 Goods and Services $0.00 0% $0.00 $0.00 Equipment $0.00 0% $0.00 $0.00 TOTAL $4,000.00 $0.00 $4,000.00 Budget may be modified between budget categories with email or phone request to the assigned WTSC Program Manager. It is expected that the designated law enforcement liaison (LEL) will attend various trainings and other meetings. These may take place in WA or in other states in the country. In some cases, WTSC will reimburse travel and conference related expenses using other grant funds. Approval for training events is confirmed via separate award letter. Important Notes: 1. Indirect cost rates are subject to change based on updated Indirect Rate Letters from a cognizant federal agency or approved cost allocation plans. If the indirect rate increases, the budget will be modified by deducting the amount of the indirect rate increase from other budget categories so that the total budget does not increase. 2. The total annual budget may not increase without a written amendment to this agreement executed by both parties. page 21 of 23 82 of 132 3. Adjustments between budget categories within the same year can be made upon mutual agreement of the contact for WTSC and the contact for the SUB-RECIPIENT. Objectives and Measures Goal 1 - Grow participation in regional traffic safety activities, with a goal of 75% of law enforcement agencies in the region participating in HVE events in the fiscal year. Objective Objective Details Completion Date Actively participate in your region/county traffic safety task force. Encourage participation in HVE activities from all agencies in the region. Troubleshoot options if an agency is experiencing staffing or political issues that impact their participation in local HVE programming. 09/30/2026 Facilitate the development of performance expectations for HVE participation for your region. Along with the TZM, monitor HVE performance and follow up with officers if their performance doesn't meet the task force's expectations. The WTSC relies on LELs to ensure that HVE funds are being used in an appropriate and effective manner. Work with your task force to determine appropriate performance expectations and processes for following up when needed. 09/30/2026 Build support for traffic safety by meeting/presenting to department leadership about traffic safety. These can be a great opportunity to gather feedback about their priorities for the region and discuss current/future planned activities. 09/30/2026 Measure Reporting Frequency Type Target page 22 of 23 83 of 132 Percent of law enforcement agencies in your region that participate in HVE activities.Annual Process 75 Goal 2 - Provide leadership in the development of professional development for traffic safety minded officers, with the long term goal of increasing the number of law enforcement agency leaders/admin who believe that traffic safety is a priority. Objective Objective Details Completion Date Seek out opportunities for professional development for yourself and others in your region that will grow traffic safety leaders in your region. Some examples of this include the Traffic Safety Champions event, CJTC supervisor training courses, etc. It is critical that LELs have the knowledge and skills to be a trusted leader in traffic safety to their peers in the region. They should seek training opportunities to stay at the cutting edge of the field. Preapproval required to attend training events. For non-WTSC led trainings, LEL will provide an after-training summary that describes how the learned skills and information will be used in the field. 09/30/2026 Goal 3 - Provide guidance/feedback on law enforcement topics to the regional Target Zero Manager and traffic safety coalition (if applicable). Objective Objective Details Completion Date Support the TZM in building relationships with law enforcement departments in your region.09/30/2026 page 23 of 23 84 of 132 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, RELATED TO THE COMMUTE TRIP REDUCTION PLAN FOR THE CITY OF RENTON AMENDING TITLE X CHAPTER 13 ENTITLED “COMMUTE TRIP REDUCTION” OF THE RENTON MUNICIPAL CODE, UPDATING RCW REFERENCES, ADOPTING THE CTR PLAN FOR 2025-2029, REFERRAL TO THE CITY OF RENTON FEE SCHEDULE FOR APPEALS, AUTHORIZING CORRECTIONS, PROVIDING FOR SEVERABILITY, APPROVING A SUMMARY FOR PUBLICATION, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Washington State Legislature enacted the Commute Trip Reduction (CTR) Law in 1991 to improve air quality, reduce traffic congestion and minimize energy consumption through employer-based programs under jurisdictional oversight, now codified under Chapter 70A.15 of the Revised Code of Washington (RCW); and WHEREAS, the CTR Law requires local governments in certain urban areas to develop and implement plans to reduce the number of single occupancy vehicle trips made by employees during peak commute hours; and WHEREAS, the City of Renton is designated as a jurisdiction required to implement a CTR Plan under RCW 70A.15.4020 and has demonstrated its commitment to reducing traffic congestion and improving environmental health through participation in the CTR program; and WHEREAS, the City previously adopted the 2008 Commute Trip Reduction Plan by Ordinance No. 5422 to comply with the requirements of the CTR Law at the time; and WHEREAS, changes in local conditions, state residents, and updated goals necessitate the adoption of a new CTR Plan for 2025-2029 to replace the 2008 Plan; and 85 of 132 ORDINANCE NO. ________ 2 WHEREAS, the CTR Plan for 2025-2029 has been developed in coordination with the Washington State Department of Transportation and other regional partners and reflects updated strategies, goals, and performance measures; and WHEREAS, the City Council has determined after due consideration of the evidence before it that it is advisable and appropriate to adopt the City’s CTR Plan for 2025-2029; WHEREAS, the City Council finds and determines adoption of this ordinance to be in the public interest and in the best interest of the City and its residents; and WHEREAS, RCW 70.94.521, RCW 70.94.531, RCW 70.94.534, RCW 70.94.537, and RCW 70.94.555 as referred to in RMC 10-13 were recodified pursuant to 2020 c 20 § 2010; and WHEREAS, the RCW references in RMC 10-13 do not reflect the 2020 c 20 § 2010 changes; and WHEREAS, RMC 4-1-170A referred to in RMC 10-13-11B(2) was repealed in 2012; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code (RMC) in this ordinance that are not shown in strikethrough and underline edits or are not explicitly repealed herein remain in effect and unchanged. SECTION II. Title X of the RMC is amended as follows: 10-13-1 DEFINITIONS: For the purpose of this Chapter, the following definitions shall apply in the interpretation and enforcement of this Chapter: 86 of 132 ORDINANCE NO. ________ 3 AFFECTED EMPLOYEE: A full-time employee who is scheduled to begin his or her regular work day at a single worksite between six o’clock (6:00) a.m. and nine o’clock (9:00) a.m. (inclusive) on two (2) or more weekdays for at least twelve (12) continuous months who is not an independent contractor. Seasonal agricultural employees, including seasonal employees of processors of agricultural products, are excluded from the count of affected employees. AFFECTED EMPLOYER: An employer that employs one hundred (100) or more full-time employees at a single worksite who are scheduled to begin their regular work day between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at least twelve continuous months. Construction worksites, when the expected duration of the construction is less than two years, are excluded from this definition. ALTERNATIVE MODE: Commute transportation other than that in which the single- occupant motor vehicle is the dominant means of transport, including telecommuting and teleworking, if they result in reducing commute trips. ALTERNATIVE WORK SCHEDULES: Programs such as compressed work week schedules that eliminate work trips for affected employees. BASE YEAR: The twelve-month period which commences when a major employer is determined by the jurisdiction to be participating within the CTR program. The City of Renton uses this twelve-month period as the basis upon which it develops commute trip reduction goals. BASE YEAR SURVEY or BASELINE MEASUREMENT: The survey, during the base year, of employees at a major employer worksite to determine the drive-alone rate and vehicle 87 of 132 ORDINANCE NO. ________ 4 miles traveled per employee at the worksite. The jurisdiction uses this measurement to develop commute trip reduction goals for the major employer. The baseline measurement must be implemented in a manner that meets the requirements specified by the City of Renton. CARPOOL: A motor vehicle, including a motorcycle, occupied by two to six people of at least 16 years of age traveling together for their commute trip, resulting in the reduction of a minimum of one motor vehicle commute trip. CITY: The City of Renton. COMMUTE TRIPS: Trips made from a worker’s home to a worksite (inclusive) on weekdays. COMMUTE TRIP VEHICLE MILES TRAVELED PER EMPLOYEE: See “VEHICLE MILES TRAVELED (VMT) PER EMPLOYEE,” below. CTR: Commute trip reduction. CTR BOARD: That board established pursuant to RCW 70.94.53770A.15.4060. CTR PLAN: Renton’s plan to regulate and administer the CTR programs of affected employers within the City, a copy of which is maintained in the City Clerk’s office. CTR PROGRAM: An employer’s strategies to reduce employees’ drive-alone commutes and average per employee VMT. CTR ZONE: An area, such as a census tract or combination of census tracts, characterized by similar employment density, population density, level of transit service, parking availability, access to high occupancy vehicle facilities, and other factors that are determined to affect the level of SOV commuting. 88 of 132 ORDINANCE NO. ________ 5 COMMUTER MATCHING SERVICE: A system that assists in matching commuters for the purpose of commuting together. COMPRESSED WORK WEEK: An alternative work schedule, in accordance with employer policy, that regularly allows a full-time employee to eliminate at least one work day every two weeks by working longer hours during the remaining days, resulting in fewer commute trips by the employee. This definition is primarily intended to include weekly and bi-weekly arrangements, the most typical being four (4) ten (10) hour days or eighty (80) hours in nine (9) days, but may also include other arrangements. CUSTOM BUS/BUSPOOL: A commuter bus service arranged specifically to transport employees to work. DOMINANT MODE: The mode of travel used for the greatest distance of a commute trip. DRIVE ALONE: A motor vehicle occupied by one (1) employee for commute purposes, including a motorcycle. DRIVE-ALONE TRIPS: Commute trips made by employees in single occupant vehicles. EMPLOYEE: Anyone who receives financial or other remuneration in exchange for work provided to an employer, including owners or partners of the employer. EMPLOYEE TRANSPORTATION COORDINATOR (ETC): A person who is designated as responsible for the development, implementation and monitoring of an employer’s CTR program. 89 of 132 ORDINANCE NO. ________ 6 EMPLOYER: A sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district, or other individual or entity, whether public, non-profit, or private, that employs workers. EXEMPTION: A waiver from any or all CTR program requirements granted to an employer by the City of Renton based on unique conditions that apply to the employer or employment worksite. FLEX-TIME: An employer policy that provides work schedules allowing individual employees flexibility in choosing the start and end time but not the number of their working hours. FULL-TIME EMPLOYEE: A person, other than an independent contractor, whose position is scheduled on a continuous basis for fifty-two (52) weeks for an average of at least thirty-five (35) hours per week. GOALS: Those CTR goals as the City of Renton set out in Chapters II and III of the commute trip reduction plan maintained in the City Clerk’s office. GOOD FAITH EFFORT: An employer has met the mandatory elements identified in RMC 10-13-6A and meets the conditions set out in RCW 70.94.534(2)70A.15.4050(2) as those are currently worded or are hereafter amended. IMPLEMENTATION: An active pursuit by an employer of the CTR goals of RCW 70.94.52170A.15.4000 through 70.94.55570A.15.4110 and this Chapter as evidenced by appointment of an employee transportation coordinator (ETC), distribution of information to employees regarding alternatives to drive-alone commuting, and commencement of other measures according to its approved CTR program and schedule. 90 of 132 ORDINANCE NO. ________ 7 MAJOR EMPLOYER: A private or public employer, including state agencies, that employs one hundred or more full-time employees at a single worksite who are scheduled to begin their regular work day between 6:00 a.m. and 9:00 a.m. on weekdays for at least twelve continuous months. MAJOR EMPLOYER WORKSITE or AFFECTED EMPLOYER WORKSITE or WORKSITE: The physical location occupied by a major employer, as determined by the local jurisdiction. MAJOR EMPLOYMENT INSTALLATION: A military base or federal reservation, excluding tribal reservations, or other locations as designated by the City of Renton, at which there are one hundred or more affected employees. MODE: The means of transportation used by employees, such as single-occupant motor vehicle, rideshare vehicle (carpool or vanpool), transit, ferry, bicycle, walking, or telecommuting. NOTICE: Written communication delivered via the United States Postal Service with receipt deemed accepted three days following the day on which the notice was deposited with the Postal Service unless the third day falls on a weekend or legal holiday in which case the notice is deemed accepted the day after the weekend or legal holiday. PEAK PERIOD: The hours from six o’clock (6:00) a.m. to nine o’clock (9:00) a.m. (inclusive), Monday through Friday, except legal holidays. PEAK PERIOD TRIP: Any commute trip that delivers the employee to begin his or her regular workday between six o’clock (6:00) a.m. and nine o’clock (9:00) a.m. (inclusive), Monday through Friday, except legal holidays. 91 of 132 ORDINANCE NO. ________ 8 PROPORTION OF DRIVE-ALONE TRIPS or DRIVE-ALONE RATE: The number of commute trips over a set period of time made by employees in single occupancy vehicles divided by the number of potential trips taken by employees working during that period. PROPORTION OF SINGLE-OCCUPANT VEHICLE TRIPS or SOV RATE: The number of commute trips over a set period made by affected employees in SOVs divided by the number of affected employees working during that period. RIDE MATCHING SERVICE: A system which assists in matching commuters for the purpose of commuting together. SINGLE-OCCUPANT VEHICLE (SOV): A motor vehicle occupied by one employee for commute purposes, including a motorcycle. SINGLE-OCCUPANT VEHICLE (SOV) TRIPS: Trips made by affected employees in SOVs. SINGLE WORKSITE: A building or group of buildings on physically contiguous parcels of land or on parcels separated solely by private or public roadways or rights of way occupied by one or more affected employers. TELEWORKING or TELECOMMUTING: The electronic transport of work through the use of telephones, computers, or other similar technology (a) which permits an employee to work from home, thereby eliminating a commute trip, or (b) use electronic transport of work from a work place closer to home, reducing the distance traveled in a commute trip by at least one-half (1/2). TRANSIT: Multiple-occupant vehicle operated on a for-hire, shared-ride basis, including bus, passenger ferry, rail, shared-ride taxi, shuttle bus, or vanpool. 92 of 132 ORDINANCE NO. ________ 9 TRANSPORTATION DEMAND MANAGEMENT (TDM): A broad range of strategies that are primarily intended to reduce and reshape demand on the transportation system. TRANSPORTATION MANAGEMENT ASSOCIATION (TMA): A group of employers or an association representing a group of employers in a defined geographic area. A TMA may represent employers within specific city limits or may have a sphere of influence that extends beyond city limits. VANPOOL: A vehicle occupied by from five (5) to fifteen (15) people traveling together for their commute trip, that results in the reduction of a minimum of one motor vehicle trip. VEHICLE MILES TRAVELED (VMT) PER EMPLOYEE: The number of the individual vehicle commute trip lengths in miles made by all employees over a set period of time divided by the number of employees during that period. WAIVER: An exemption from CTR program requirements granted to an employer by the City based on unique conditions that apply to the employer or employment site. WEEK: A seven-day calendar period starting on Monday and continuing through Sunday. WEEKDAY: Any day of the week except Saturday or Sunday. WRITING, WRITTEN or IN WRITING: An original signed and dated document(s). Electronic and/or facsimile (fax) transmissions will not substitute for an original for a document required herein. 10-13-2 COMMUTE TRIP REDUCTION PLAN: 93 of 132 ORDINANCE NO. ________ 10 The Commute Trip Reduction goals Goals established for the City of Renton and affected employers are set forth in the City of Renton’s 2007Commute Trip Reduction Plan for 2025-2029, which can be viewed in the City Clerk’s office. 10-13-3 COMMUTE TRIP REDUCTION GOALS: A. Commute Trip Reduction Goals: The City of Renton’s goals for reductions in the proportions of drive-alone commute trips and vehicle miles traveled per employee by affected employers in this jurisdiction, major employment installations, and other areas designated by the City of Renton are set out in the City of Renton’s 2007 2025 Commute Trip Reduction Plan, as it is currently worded or is hereafter amended. These goals establish the desired level of performance for the CTR program in its entirety in the City of Renton. The City of Renton will set the individual worksite goals for affected employers based on how the worksite can contribute to the City of Renton’s overall goal established in the CTR Plan. The goals will appear as a component of the affected employer’s approved implementation plan outlined in RMC 10-13-6. B. Commute Trip Reduction Goals for Affected Employers: 1. The drive-alone and VMT goals for affected employers in the City of Renton are set forth in the 2007 2025 City of Renton Commute Trip Reduction Plan, as it is currently worded or is hereafter amended. 2. If the goals for an affected employer or newly affected employer are not listed in the CTR Plan, they shall be established by the City of Renton at a level designed to achieve the City of Renton’s overall goals for the jurisdiction and other areas as 94 of 132 ORDINANCE NO. ________ 11 designated by the City of Renton. The City of Renton shall provide written notification of the goals for each affected employer worksite by providing the information when the City of Renton reviews the employer’s proposed program and incorporating the goals into the program approval issued by the City of Renton. 10-13-4 RESPONSIBLE CITY OF RENTON AGENCY: The City agency responsible for implementing this Chapter, the CTR Plan, and the City CTR program is the Public Works Department through the Administrator or his/her designee, who is hereby given authority necessary to carry out administrative responsibilities itemized in and referenced by this Chapter. 10-13-5 APPLICABILITY: The provisions of this Chapter shall apply to any affected employer within the geographic limits of the CTR Plan adopted in RMC 10-13-2. A. Notification of Applicability: 1. In addition to the City of Renton’s established public notification for adoption of an ordinance, a notice of availability of a summary of the ordinance codified in this Chapter, a notice of the requirements and criteria for affected employers to comply with this Chapter, and subsequent revisions shall be published at least once in the City of Renton’s official newspaper not more than 30 days after passage of the ordinance codified in this Chapter or revisions. 2. Affected employers located in the City of Renton are to receive written notification that they are subject to this Chapter. Such notice shall be addressed to the company’s chief executive officer, senior official, CTR program manager, or 95 of 132 ORDINANCE NO. ________ 12 registered agent at the worksite. Such notification shall provide 90 days for the affected employer to perform a baseline measurement consistent with the measurement requirements specified by the City of Renton. 3. Affected employers that, for whatever reason, do not receive notice within 30 days of passage of the ordinance codified in this Chapter and are either notified or identify themselves to the City of Renton within 90 days of the passage of the ordinance codified in this Chapter will be granted an extension to assure up to 90 days within which to perform a baseline measurement consistent with the measurement requirements specified by the City of Renton. 4. Affected employers that have not been identified or do not identify themselves within 90 days of the passage of the ordinance codified in this Chapter and do not perform a baseline measurement consistent with the measurement requirements specified by the City of Renton within 90 days from the passage of the ordinance codified in this Chapter are in violation of this Chapter. 5. If an affected employer has already performed a baseline measurement, or an alternative acceptable to the City of Renton, under previous iterations of this Chapter, the employer is not required to perform another baseline measurement. B. Newly Affected Employers: 1. Employers meeting the definition of “affected employer” in this Chapter must identify themselves to the City of Renton within 90 days of either moving into the boundaries outlined in the CTR Plan adopted in RMC 10-13-2 or growing in employment at a worksite to one hundred (100) or more affected employees. 96 of 132 ORDINANCE NO. ________ 13 Employers who do not identify themselves within 90 days are in violation of this Chapter. 2. Newly affected employers identified as such shall be given 90 days to perform a baseline measurement consistent with the measurement requirements specified by the City of Renton. Employers who do not perform a baseline measurement within 90 days of receiving written notification that they are subject to this Chapter are in violation of this Chapter. 3. Not more than 90 days after receiving written notification of the results of the baseline measurement, the newly affected employer shall develop and submit a CTR Program to the City of Renton. The program will be developed in consultation with the City of Renton’s Public Works Administrator and/or his/her designee to be consistent with the goals of the CTR Plan adopted in RMC 10-13-2. The program shall be implemented not more than 90 days after approval by the City of Renton. Employers who do not implement an approved CTR program according to this schedule are in violation of this Chapter and subject to the penalties outlined in RMC 10-13-9. C. Change in Status as an Affected Employer: Any of the following changes in an employer’s status will change the employer’s CTR program requirements: 1. If an employer initially designated as an affected employer no longer employs one hundred (100) or more affected employees and expects not to employ one hundred (100) or more affected employees for the next twelve (12) months, that employer is no longer an affected employer. It is the responsibility of the employer to 97 of 132 ORDINANCE NO. ________ 14 notify the City of Renton that it is no longer an affected employer. The burden of proof lies with the employer. 2. If the same employer returns to the level of one hundred (100) or more affected employees within the same twelve (12) months, that employer will be considered an affected employer for the entire 12 months and will be subject to the same program requirements as other affected employers. 3. If the same employer returns to the level of one hundred (100) or more affected employees twelve (12) or more months after its change in status to an “unaffected” employer, that employer shall be treated as a newly affected employer and will be subject to the same program requirements as other newly affected employers. 10-13-6 REQUIREMENTS FOR EMPLOYERS: An affected employer is required to make a good faith effort, as defined in RCW 70.94.534(2)70A.15.4050(2) and this Chapter, to develop and implement a CTR program that will encourage its employees to reduce VMT per employee and drive-alone commute trips. The CTR program must include the mandatory elements as described below. A. Mandatory Program Elements: Each employer’s CTR program shall include the following mandatory elements: 1. Employee Transportation Coordinator (ETC): The employer shall designate an Employee Transportation Coordinator (ETC) to administer the CTR program. The ETC and/or designee’s name, location, and telephone number must be prominently displayed physically or electronically at each affected worksite. The ETC shall oversee 98 of 132 ORDINANCE NO. ________ 15 all elements of the employer’s CTR program and act as liaison between the employer and the City of Renton. The objective is to have an effective transportation coordinator presence at each worksite; an affected employer with multiple sites may have one ETC for all sites. 2. Information Distribution: Information about alternatives to drive-alone commuting as well as a summary of the employer’s CTR program shall be provided to employees at least once a year and to new employees at the time of hire. The summary of the employer’s CTR program shall also be submitted to the City of Renton with the employer’s program description and regular report. B. Additional Program Elements: In addition to the specific program elements described above, the employer’s CTR program shall include additional elements as needed to meet CTR goals. Elements may include, but are not limited to, one or more of the following: 1. Provision of preferential parking for high-occupancy vehicles; 2. Reduced parking charges for high-occupancy vehicles; 3. Instituting or increasing parking charges for drive-alone commuters; 4. Provision of commuter ride matching services to facilitate employee ridesharing for commute trips; 5. Provision of subsidies for rail, transit, or vanpool fares and/or transit passes; 6. Provision of vans or buses for employee ridesharing; 7. Provision of subsidies for carpools, walking, bicycling, teleworking, or compressed schedules; 99 of 132 ORDINANCE NO. ________ 16 8. Provision of incentives for employees that do not drive alone to work; 9. Permitting the use of the employer’s vehicles for carpooling or vanpooling; 10. Permitting flexible work schedules to facilitate employees’ use of transit, carpools, or vanpools; 11. Cooperation with transportation providers to provide additional regular or express service to the worksite; 12. Construction of special loading and unloading facilities for transit, carpool, and vanpool users; 13. Provision of bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work; 14. Provision of a program of parking incentives such as a rebate for employees who do not use the parking facilities; 15. Establishment of a program to permit employees to work part- or full-time at home or at an alternative worksite closer to their homes which reduces commute trips; 16. Establishment of a program of alternative work schedules, such as a compressed work week, which reduces commute trips; 17. Implementation of other measures designed to facilitate the use of high- occupancy vehicles, such as on-site day care facilities, emergency taxi services, or guaranteed ride home programs; 18. Charging employees for parking, and/or the elimination of free parking; and 100 of 132 ORDINANCE NO. ________ 17 19. Other measures that the employer believes will reduce the number and length of commute trips made to the site. C. CTR Program Report and Description: Affected employers shall review their program and file a regular progress report with the City of Renton in accordance with the format provided by the City of Renton. The CTR Program Report and Description outlines the strategies to be undertaken by an employer to achieve the commute trip reduction goals for the reporting period. Employers are encouraged to consider innovative strategies and combine program elements in a manner that will best suit their location, site characteristics, business type, and employees’ commuting needs. Employers are further encouraged to cooperate with each other to implement program elements. At a minimum, the employer’s CTR Program Report and Description must include: 1. A general description of the employment site location, transportation characteristics, employee parking availability, on-site amenities, and surrounding services; 2. The number of employees affected by the CTR program and the total number of employees at the site; 3. Documentation on compliance with the mandatory CTR program elements (as described in RMC 10-13-6A); 4. Description of any additional elements included in the employer’s CTR program (as described in RMC 10-13-6B); and 101 of 132 ORDINANCE NO. ________ 18 5. A statement of organizational commitment to provide appropriate resources to the program to meet the employer’s established goals. D. Biennial Measure of Employee Commute Behavior: In addition to the baseline measurement, employers shall conduct a program evaluation as a means of determining worksite progress toward meeting CTR goals. As part of the program evaluation, the employer shall distribute and collect Commute Trip Reduction Program Employee Questionnaires (surveys) at least once every two years, and strive to achieve at least a 70% response rate from employees at the worksite. 10-13-7 RECORD KEEPING: Affected employers shall maintain all records required by the Public Works Department for the duration of the CTR Chapter. 10-13-8 SCHEDULE AND PROCESS FOR CTR PROGRAM DESCRIPTION AND REPORT: A. Document Review: The City of Renton shall provide the employer with written notification if a CTR program is deemed unacceptable. The notification must give cause for any rejection. If the employer receives no written notification of extension of the review period of its CTR program or comment on the CTR program or annual report within 90 days of submission, the employer’s program or annual report is deemed accepted. The City of Renton may extend the review period up to 90 days. The implementation date for the employer’s CTR program will be extended an equivalent number of days. B. Schedule: Upon review of an employer’s initial CTR program, the City of Renton shall establish the employer’s regular reporting date. This report will be provided in a form provided by the City of Renton consistent with RMC 10-13-6C. 102 of 132 ORDINANCE NO. ________ 19 C. Modification of CTR Program Elements: Any affected employer may submit a request to the City of Renton for modification of CTR requirements. Such request may be granted if one of the following conditions exists: 1. The employer can demonstrate it would be unable to comply with the CTR program elements for reasons beyond the control of the employer, or 2. The employer can demonstrate that compliance with the program elements would constitute an undue hardship. 3. The City of Renton may ask the employer to substitute a program element of similar trip reduction potential rather than grant the employer’s request. D. Extensions: An employer may request additional time to submit a CTR Program Description and Report, or to implement or modify a program. Such requests shall be via written notice at least 30 days before the due date for which the extension is being requested. Extensions not to exceed 90 days shall be considered for reasonable causes. The City of Renton shall grant or deny the employer’s extension request by written notice within 10 working days of its receipt of the extension request. If there is no response issued to the employer, an extension is automatically granted for 30 days. Extensions shall not exempt an employer from any responsibility in meeting program goals. Extensions granted due to delays or difficulties with any program element(s) shall not be cause for discontinuing or failing to implement other program elements. An employer’s regular reporting date shall not be adjusted permanently as a result of these extensions. An employer’s annual reporting date may be extended at the discretion of the City of Renton. 103 of 132 ORDINANCE NO. ________ 20 E. Implementation of Employer’s CTR Program: Unless extensions are granted, the employer shall implement its approved CTR program, including approved program modifications, not more than 90 days after receiving written notice from the City of Renton that the program has been approved or with the expiration of the program review period without receiving notice from the City of Renton. 10-13-9 ENFORCEMENT: A. Compliance: For purposes of this section, “compliance” shall mean: 1. Fully implementing in good faith all mandatory program elements as well as provisions in the approved CTR Program Description and Report; 2. Providing a complete CTR Program Description and Report on the regular reporting date; and 3. Distributing and collecting the CTR Program Employee Questionnaire during the scheduled survey time period. B. Program Modification Criteria: The following criteria for achieving goals for VMT per employee and proportion of drive-alone trips shall be applied in determining requirements for employer CTR program modifications: 1. If an employer meets either or both goals, the employer has satisfied the objectives of the CTR plan and will not be required to improve its CTR program; 2. If an employer makes a good faith effort, as defined in RCW 70.94.534(2)70A.15.4050(2) and this Chapter, but has not met the applicable drive- alone or VMT goal, no additional modifications are required; and 104 of 132 ORDINANCE NO. ________ 21 3. If an employer fails to make a good faith effort as defined in RCW 70.94.534(2)70A.15.4050(2) and this Chapter, and fails to meet the applicable drive- alone or VMT reduction goal, the City of Renton shall direct the employer to revise its program within 30 days to come into compliance with the measures defined by RCW 70.94.534(2)70A.15.4050(2), including specific recommended program modifications. In response to the recommended modifications, the employer shall submit a revised CTR Program Description and Report, including the requested modifications or equivalent measures, within 30 days of receiving written notice to revise its program. The City of Renton shall review the revisions and notify the employer of acceptance or rejection of the revised program. If a revised program is not accepted, the City of Renton will send written notice to that effect to the employer within 30 days and, if necessary, require the employer to attend a conference with program review staff for the purpose of reaching a consensus on the required program. A final decision on the required program will be issued in writing by the City of Renton within 10 working days of the conference. C. Violations: The following constitute violations if the deadlines established in this Chapter are not met: 1. Failure to self identify as an affected employer; 2. Failure to perform a baseline measurement, including: a. Employers notified or that have identified themselves to the City of Renton within 90 days of the ordinance codified in this Chapter being adopted and that do not perform a baseline measurement consistent with the requirements 105 of 132 ORDINANCE NO. ________ 22 specified by the City of Renton within 90 days from the notification or self- identification; b. Employers not identified or self-identified within 90 days of the ordinance codified in this Chapter being adopted and that do not perform a baseline measurement consistent with the requirements specified by the City of Renton within 90 days from the adoption of the ordinance codified in this Chapter: i. Failure to develop and/or submit on time a complete CTR program; ii. Failure to implement an approved CTR program, unless the program elements that are carried out can be shown through quantifiable evidence to meet or exceed VMT and drive-alone goals as specified in this Chapter; iii. Submission of false or fraudulent data in response to survey requirements; iv. Failure to make a good faith effort, as defined in RCW 70.94.53470A.15.4050 and this Chapter; or v. Failure to revise a CTR program as defined in RCW 70.94.534(4)70A.15.4050(4) and this Chapter. D. Penalties: 1. No affected employer with an approved CTR program which has made a good faith effort may be held liable for failure to reach the applicable drive-alone or VMT goal; 2. No major employer shall be liable for civil penalties for failure to reach the applicable commute trip reduction goals; 106 of 132 ORDINANCE NO. ________ 23 3. Each day of failure to implement the program shall constitute a separate violation, subject to penalties as described in Chapter 7.80 RCW; 4. An affected employer shall not be liable for civil penalties if failure to implement an element of a CTR program was the result of an inability to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith. Unionized employers shall be presumed to act in good faith compliance if they: a. Propose to a recognized union any provision of the employer’s CTR program that is subject to bargaining as defined by the National Labor Relations Act; and b. Advise the union of the existence of the statute and the mandates of the CTR program approved by the City of Renton and advise the union that the proposal being made is necessary for compliance with state law (RCW 70.94.53170A.15.4040). 10-13-10 EXEMPTIONS AND GOAL MODIFICATIONS: A. Worksite Exemptions: An affected employer may request the City of Renton to grant an exemption from all CTR program requirements or penalties for a particular worksite. The employer must demonstrate that it would experience undue hardship in complying with the requirements of this Chapter as a result of the characteristics of its business, its work force, or its location(s). An exemption may be granted if and only if the affected employer demonstrates that it faces extraordinary circumstances, such as bankruptcy, and is unable to implement any measures that could reduce the proportion 107 of 132 ORDINANCE NO. ________ 24 of drive-alone trips and VMT per employee. Exemptions may be granted by the City of Renton at any time based on written notice provided by the affected employer. The notice should clearly explain the conditions for which the affected employer is seeking an exemption from the requirements of the CTR program. The City of Renton shall grant or deny the request within 30 days of receipt of the request. The City of Renton shall review annually all employers receiving exemptions, and shall determine whether the exemption will be in effect during the following program year. B. Employee Exemptions: Specific employees or groups of employees who are required to drive alone to work as a condition of employment may be exempted from a worksite’s CTR program. Exemptions may also be granted for employees who work variable shifts throughout the year and who do not rotate as a group to identical shifts. The City of Renton will use the criteria identified in the CTR Board Administrative Guidelines to assess the validity of employee exemption requests. The City of Renton shall grant or deny the request within 30 days of receipt of the request. The City of Renton shall review annually all employee exemption requests, and shall determine whether the exemption will be in effect during the following program year. C. Modification of CTR Program Goals: 1. An affected employer may request that the City of Renton modify its CTR program goals. Such requests shall be filed in writing at least 60 days prior to the date the worksite is required to submit its program description or annual report. The goal modification request must clearly explain why the worksite is unable to achieve the 108 of 132 ORDINANCE NO. ________ 25 applicable goal. The worksite must also demonstrate that it has implemented all of the elements contained in its approved CTR program. 2. The City of Renton will review and grant or deny requests for goal modifications in accordance with procedures and criteria identified in the CTR Board Guidelines. 3. An employer may not request a modification of the applicable goals until one year after city/county approval of its initial program description or annual report. 10-13-11 APPEALS: A. Scope: An employer may appeal the final decisions of the Public Works Administrator, or his/her designee (hereinafter collectively referred to as “Administrator”), regarding the following actions: 1. Rejection of an employer’s proposed program; 2. Denial of an employer’s request for a waiver or modification of any of the requirements under this Chapter; or 3. Rejection of an employer’s modification of the employer’s program. B. Requirements to Commence Appeal: 1. Notice of Appeal: Within 14 calendar days of receiving notice from the Administrator of any of the final decisions described above, the employer desiring to appeal must file with the City Clerk a written Notice of Appeal, which shall fully, clearly, and thoroughly specify the grounds for appeal. The Notice of Appeal must be signed by the employer/appellant. The employer/appellant must file with the Notice of Appeal the written notice from the Administrator from which the appeal is being 109 of 132 ORDINANCE NO. ________ 26 taken. The Notice of Appeal may not contain any factual information that was not submitted to the Administrator. 2. Appeal Fee: The Notice of Appeal shall be accompanied by a fee in the amount provided for appeals of land use decisions, as described either as $0 or as set forth in in RMC 4-1-170A,the City of Renton Fee Schedule as that provision is currently worded and as hereafter amended. All appeal fees must be received by the City Clerk before the end of the business day on the last day of the filing period or the filing will be considered incomplete and will be rejected. 3. Facsimile Filing: The required Notice of Appeal may be filed by facsimile. However, such facsimile filing, in its entirety, must be received by the City Clerk’s office no later than five o’clock (5:00) p.m., on the last date for filing. The filing party bears the burden to ensure that the facsimile filing is transmitted in adequate time so that it will be received, in its entirety, by the City before five o’clock (5:00) p.m. The appeal fee must be received by the City Clerk’s office as required by subsection B2 of this Section. C. Referral to and Authority of Hearing Examiner: 1. The appeal will be referred to the Hearing Examiner of the City (hereinafter referred to as “Examiner”). 2. The Examiner shall have all the authority of the office from which the appeal is taken. 110 of 132 ORDINANCE NO. ________ 27 3. The Examiner shall have the authority to schedule a hearing, and shall have the duty to notify the employer/appellant and the Administrator of the hearing date, time, and location. 4. The Examiner shall have the authority to order or accept submissions by the employer/appellant and the Administrator and hear argument by those participants. D. Record on Appeal: 1. The record on appeal shall consist of the materials submitted to the Administrator, the City’s CTR Plan, the notice sent to the employer/appellant by the Administrator, and the Notice of Appeal. 2. No new or additional evidence or testimony will be accepted by the Examiner unless a showing is made by the party offering the evidence that the evidence could not reasonably have been available at the time of the submissions to the Administrator. If the Examiner determines that additional evidence is required, the Examiner shall remand the matter to the Administrator with directions to the employer/appellant to submit the new information to the Administrator for a new determination. 3. The employer/appellant, as well as the Administrator, may submit written arguments based on the record. However, no new evidence will be permitted in these submissions, except as provided above. New evidence submitted that is not in compliance with subsection D2 of this Section shall be removed from the submissions. These submissions shall become part of the record on appeal. E. Burden of Proof and Decision: 111 of 132 ORDINANCE NO. ________ 28 1. The burden rests with the employer/appellant to show by clear, cogent, and convincing evidence that the decision being appealed is not consistent with the State law. 2. The decision of the Administrator shall carry substantial weight in any appeal proceeding. 3. The Examiner shall render a written decision within ten (10) days of the adjournment of the hearing, unless before the hearing is adjourned he asks the parties for extra time, which shall be a time certain. 4. The Examiner’s decision will be final. 10-13-12 SEVERABILITY: If any section, subsection, paragraph, sentence, clause, or phrase of this Chapter is for any reason held to be invalid or unconstitutional such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Chapter, it being herein expressly declared that this Chapter and each section, subsection, paragraph, sentence, clause and phrase thereof would have been adopted irrespective of the fact that any one or more other sections, subsections, paragraphs, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION IV. Upon approval of the City Attorney, the City Clerk is authorized to direct the codifier to make necessary corrections to this ordinance, including the corrections of scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering and references. The City Clerk is further 112 of 132 ORDINANCE NO. ________ 29 authorized to direct the codifier to update any chapter, section, or subsection titles in the Renton Municipal Code affected by this ordinance. SECTION V. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. SECTION VI. This ordinance shall be in full force and effect thirty (30) days after adoption. No later than five (5) days prior to such effective date, a summary consisting of this ordinance's title shall be published in the City's official newspaper. PASSED BY THE CITY COUNCIL the ______ day of , 2025. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this ______ day of , 2025. Armondo Pavone, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD-PW:25ORD018:11.19.2025 113 of 132 CITY OF RENTON COMMUTE TRIP REDUCTION FOUR YEAR PLAN UPDATE: 2025-2029 Department of Public Works – Transportation Systems Division 114 of 132 City of Renton Commute Trip Reduction Four-Year Plan Update: 2025–2029 Benefits of CTR 1. Describe the local land use and transportation context and objectives. a. Describe the setting in the jurisdiction as it is today or will be in the near future. The City of Renton is located on the southeastern shore of Lake Washington. It is a suburban city located equidistantly south of Seattle and Bellevue and surrounded by other suburban cities and pockets of unincorporated King County to the south of Renton. The city is located near several major transportation routes including Interstate 405, Interstate 90, and Interstate 5 along with State Route 167, an older major state route that has historically served as the spine for manufacturing and industrial commerce through the eastern valley of King and Pierce Counties. All of these routes connect the city economically and socially to the greater Seattle-Bellevue area. The current population is 107,000 making Renton the eighth largest city in Washington and the fourth largest in King County. Renton has been designated a Core City by the Puget Sound Regional Council (PSRC). A Core City contains a regionally designated growth center – Renton’s Urban Center encompassing Boeing, The Landing, and Downtown Business District – serves as a key hub for the region’s long-range multimodal transportation system, and provides major civic, cultural, and employment centers. Renton is served by regional transit including high-capacity transit, bus rapid transit, and regular bus service and the city will continue to play a role as a major hub in the regional transit network through the Puget Sound Regional Councils Vision 2050 plan. Locally, there are sidewalk gaps and pedestrian crossings that lack enhanced safety measures, gaps in bikeways, needs for improved access to transit stops, and so on. Filling in these gaps is along with improving arterial corridor connectivity are the focuses of the capital improvement plan. b. Describe features of land use and transportation facilities and services that affect commuters. Renton’s largest employers are located on both sides of I-405 at the base of Lake Washington (such as Boeing, Paccar and Kenworth) and west of SR 167 (such as Providence Health and Kaiser Permanente). All of those areas are served by one or more King County Metro bus routes with frequent service during typical commuting hours. However, some employers affected by the CTR law are not located in those areas and are not well-served by transit. Bus routes serving stops in Renton connect to Seattle, Bellevue, Kent, Tukwila and other places where people who work in Renton may live. The Downtown Renton Transit Center is the city’s largest transit hub and there are several smaller and older KC Metro-owned park and ride facilities. KC Metro is currently constructing the South Renton Transit Center as part of plans to relocate transit service from Downtown Renton to the planned Rainier-Grady Transit Oriented Development subarea to connect with future Sound Transit freeway Bus Rapid Transit and planned KC Metro RapidRide service expansion. Many transit commuters in Renton use Sounder Commuter Rail service at the Tukwila station and connect to the station using KC Metro RapidRide service. 115 of 132 The city’s bicycle network consists of on street shared use paths such as the Lake Washington Loop trail, and off-street shared used paths commonly used for commuting such as the Lake Washington Trail and Interurban Trail. Other bike facilities include striped bike lanes and signed or sharrowed shared roads. Gaps in the bicycle network are present along several arterials including Lake Washington Boulevard, Logan Avenue, Rainier Avenue, and Talbot Road among others. The Cedar River Trails provide an all-ages and abilities separated trail that serves as a major east-west bike corridor, especially because east-west bike travel in Renton becomes challenging due to the uphill topography of the eastern side of the city. For workers who live close enough to their worksites to walk, there are sidewalks on many of Renton’s streets, but gaps remain. The transportation projects in the Transportation Improvement Plan are focused on completing infrastructure systems for all transportation modes. This focus will facilitate more commuter access to drive alone modes. c. Describe whether and how commuting patterns have changed in the past few years Renton’s traffic volumes and volume growth rate was on a decreasing trend between 2015 and 2019. Renton experienced decreases in traffic volumes during the COVID-19 pandemic however they remained similar to volumes during 2018, indicating that there was still a level of active demand for commuting likely attributed to the demand on industrial/manufacturing/shipping activity throughout the East valley region. However, volumes from 2023 decreased at a more noticeable rate indicating a large drop in traffic volumes. This trend appears consistent with several major healthcare employers in Renton that have either downsized their worksites, shifted employees to other worksites, or increased telecommuting among their Renton employees. d. List the most important land use and transportation objectives from your city’s transportation plans that commute trip reduction most directly affects. Renton recognizes that reducing trip-making, dispersing peak period travel demand throughout the day, and increasing transit usage and ride sharing are significantly less costly means of accommodating increased travel demands than constructing new or widening existing transportation facilities. Reducing the number of trips made via single occupant vehicles is also an effective way of reducing automobile- related air pollution, traffic congestion and energy use. Intelligent Transportation Systems (ITS) can be used to apply technological solutions to problems such as congestion, safety, and mobility. Substantial investment in ITS – such as signs and internet sites providing real time feedback on travel times and alternatives – continues in the Puget Sound Region. The City is currently developing plans to implement an Adaptive Signal Control System (ASCS) along the SW 43rd Street/Carr Road/Petrovitsky Road corridor as was installed on Rainier Avenue S. Adaptive signal control systems adjust the timing of intersection stop lights (green, yellow, red lights) to accommodate changing traffic patterns and ease traffic congestion (FHWA 2015). Goals relevant to CTR in Renton’s Comprehensive Plan Transportation Element include: Policy T-10: Implement transportation demand management (TDM) programs to reduce disruptive traffic impacts and to support mixed-use development, commercial centers, and employment areas. Policy T-11: Through investments in non-motorized facility connections, collaboration with transit providers, and commute trip reduction programs with employers, encourage a reduction in drive alone work trip shares to below 75% by 2035 within the Regional Growth Center. 116 of 132 Policy T-12: Invest in and maintain Renton’s Intelligent Transportation Systems (ITS) Program coordinated with other agencies. Policy T-13: Incorporate TDM measures such as priority parking places for HOVs and convenient, direct pedestrian access from transit stops/stations in site design and layout for all types of development. Policy T-14: Educate employers about their commute trip reduction obligations under the City of Renton’s Commute Trip Reduction (CTR) Ordinance and CTR Plan. Policy T-15: Regularly review and refine parking ratios to account for existing parking supply, land use intensity, and access to transit. Policy T-16: Encourage shared and structured parking in downtown Renton to achieve land use and economic development goals as expressed in the City Center Community Plan and to coordinate parking for the benefit of the district businesses and residents. e. Describe critical aspects of land use and transportation that should be sustained and key changes that should be considered to improve commute trip reduction’s contribution the land use and transportation objectives you referenced. The city should accelerate investments in transportation improvements, especially the planned action Rainier-Grady transit-oriented development (TOD) subarea, to meet its sustainability, livability and economic development goals. Increases in density of new housing in this subarea as well as downtown Renton, the Sunset neighborhood and the South Benson neighborhood area are continuing to be planned for so that the capital improvement projects to build out multi-modal networks can be advanced in support commute trip reduction and jobs-housing balance. 2. Describe how the CTR program will help achieve the jurisdiction’s land use and transportation objectives. a. Describe how and to what extent your CTR program will help your city achieve the land use and transportation objectives referenced in question 1. The CTR program and the city’s focus on increasing housing density, building out the transit-oriented development subarea, and completing the multi-modal networks are mutually complementary and reinforcing. The Rainier-Grady TOD subarea is intended to encourage residents to commute via transit or non-drive-alone modes that the CTR program supports while encouraging demand for multi-modal networks. Higher density near transit and seamless multi-modal transferability in the network offers more opportunities for non-drive-alone trips. 3. Describe how the CTR program will help achieve the jurisdiction’s environmental objectives. a. Describe how the CTR program will support jurisdiction greenhouse gas emission reduction efforts. Renton’s CTR program is a key facet of the city’s goal to reduce greenhouse gas emissions, as identified in its Clean Economy Strategy even though the city has not identified specific reduction targets at this time. The CTR program seeks to coordinate resources, such as electric vehicle (EV) charging stations and expansion of the EV network, with known commute patterns among residents and employees. The city intends to explore ordinance revisions that may require developments in the TOD subarea to provide amenities, such as transit passes to subarea residents or bike lockers & 117 of 132 parking, in an effort to ensure that transportation demand management strategies are actualized in the subarea. The City will also continue to consider emission reduction targets and the implementability of such. b. Describe how the CTR program will support jurisdiction environmental objectives in addition to greenhouse gas emission reductions. The CTR program is oriented to promote and encourage a maximum effort of using transit, especially since Renton is served by express RapidRide routes, routes with daily frequent headways, flexible on- demand service within specified service areas (MetroFlex), commuter rail, and future planned bus rapid transit (Stride 1) routes. At specified locations in the network, these high preforming transit routes make connections with major well known non-motorized regional bike trails such as the Interurban Trail, Lake Washington Trail, and Cedar River Trail. Such multi-modal connectivity is key for the City to achieve environmental greenhouse gas reduction efforts as well as reduce vehicle idling during congested peak hours by removing single occupancy vehicle commuting from the network. 4. Describe how your CTR program will help achieve regional and state objectives. a. Summarize the local, regional, and state benefits that would be gained if you achieve your CTR targets. Achieving Renton’s CTR targets will contribute to local, regional, and state aspirations for: increased transit ridership, improved and increased non-motorized travel, collecting of more useful transportation behavior data, reduced dependency on ancillary parking, widened commute options for small businesses, robust economic conditions for small business districts such as downtown Renton. By providing various commute options and encouraging alternate modes of transportation, the city of Renton will benefit locally through reduced traffic congestion during peak periods, leading to improved travel times and reliability on Renton’s arterial and highway corridors. This will also result in improved air quality and reduced greenhouse gas emissions. By increasing transit and active transportation options, the city will also support a more balanced transportation system that reduces strain on the current system and encourages healthier transportation options. By achieving Renton’s CTR targets, the region will benefit from reduced vehicle numbers on the road, reduce congestion, as well as improved flow of traffic, given that the city currently functions as a throughfare for many commuters from south King County into the Eastside. Additionally, higher transit ridership will contribute to these goals while providing a justification for improved frequency and reliability by Sound Transit and other providers. Together, these efforts will contribute to the broader air quality and climate change mitigation targets for the Puget Sound. At the state level, Renton’s CTR program will contribute to the Washington state targets for reducing commute related pollution and congestion. Renton’s CTR program also supports the states’ goals in reducing greenhouse gas emissions and improving air quality. Additionally, improved mobility and reduced congestion would help improve regional mobility and help make the state more attractive and competitive, leading to improved economic conditions and statewide growth. b. List adjacent CTR-affected cities and counties. Cities: Tukwila, Bellevue, Kent Counties: Pierce, Snohomish 118 of 132 c. Describe the top few cross-border and regional transportation issues that affect your jurisdiction. The top cross-border and regional transportation issues affecting Renton are: regional traffic congestion on the I-405/SR 176 corridor destined to/from Bellevue or Seattle, interstate truck travel & congestion from trucks & freight vehicles destined between the East Valley manufacturing area (SR 167 corridor through south King County) and I-90 or the Port of Seattle, transit connectivity between Tukwila Sounder Station and major employers in Renton (i.e. Boeing), I-405 widening and the implementation of the I-405 and SR 167 Master Plans thru Renton. d. Describe the strategies you, adjacent cities and counties, and your region have agreed to use to address the top issues described in the previous bullet. Currently Renton coordinates with the City of Tukwila, City of Burien, City of Seattle (Commute Seattle) and WSDOT for the purposes of ensuring participative surveying at Boeing’s various large worksites throughout the Tukwila/Renton/South Seattle area. Because Boeing has worksites in several jurisdictions, it surveys as an organization and not with the jurisdictions. Boeing typically surveys all its worksites and employees at the same time, and the timing of Boeing’s surveys is typically not the same as that of the other worksites in those jurisdictions. WSDOT works directly with the Boeing ETC (currently Chandra Kramer), rather than the implementers, to coordinate the surveying process. Therefore, the jurisdictional representatives are not responsible for making sure that Boeing surveys. The current plan is to survey Boeing in the spring of 2025. That will count as their survey for the 2023-2025 survey cycle. Renton currently relies and will continue to rely on WSDOT to take the lead on working with Boeing for its worksite surveying. Renton will also continue to coordinate with the City of Tukwila on regional transit and Sounder station commute reduction programs. Performance targets 5. List your jurisdictions CTR performance target(s). a. List performance targets that reflect only CTR-affected worksites. Renton’s performance target for 2029 uses “option 2” from Appendix B in the Guidance for 2025-2029 City, County, Regional Commute Trip Reduction Plans where the drive alone rate (DAR) performance target is 66% for CTR affected worksites. This number represents the weighted average of 15.5% below, or less, of Renton’s census performance in 2019 for CTR-affected worksites at the jurisdictional level; and WSDOT has selected a measure of DAR and a statewide target of 60%. Renton will use 2023-2025 CTR survey data (to be completed in 2025) to set the baseline and potentially reevaluate the target. Renton will work in conjunction with PSRC to develop a regional baseline and target for the regional plan. b. List any additional performance targets. None 119 of 132 6. List the base value you’ll use for each performance target. a. For each performance target, provide the number you’ll use as the baseline (or starting number). You’ll measure the difference between this number and your results to report performance. Renton’s performance target for 2029 uses “option 2” from Appendix B in the Guidance for 2025-2029 City, County, Regional Commute Trip Reduction Plans where the drive alone rate (DAR) performance target is 66% for time being until worksite surveys are completed in 2025 including Boeing surveying led by WSDOT. Once local surveys are completed Renton will reassess its performance target and base values. 7. Describe the method you used to determine the base value for each target. Describe the method you used to determine the base value for each target. a. Provide the source for each base value listed. The base value is sourced from “option 2” from Appendix B in the Guidance for 2025-2029 City, County, Regional Commute Trip Reduction Plans where the drive alone rate (DAR) performance target is 66%. 8. Describe how you’ll measure progress toward each target. a. List the method you’ll use to measure progress for each target. Renton seeks to initiate and complete worksite surveys in 2025 including Boeing surveying led by WSDOT. Once local surveys are completed Renton will reassess its performance target and base values using the data directly reported from the worksites. 9. List your jurisdiction’s CTR-affected worksites. a. List all your CTR-affected worksites. 1. Allpak 2. City of Renton 3. Cutter & Buck – Corporate Headquarters 4. Geico Insurance 5. Hartung Agalite Glass Company 6. Kaiser Permanente – Renton Medical Center 7. Kenworth Truck Company = Renton Plan 8. King County – Regional Communications & Emergency Coordination 9. Meteorcomm LLC - HQ 10. Paccar – ITD and Parts 11. Providence Health - Corporate 12. Puget Sound Education Services – District #121 13. Renton Technical College 14. Sekisui Aerospace Corporation – Renton Operations 15. The Boeing Company (Renton Plant and Garden Plaza) 16. Trojan Lithograph 17. Tyler Technologies 18. Valley Medical Center – Main Campus 19. Wizards of the Coast - HQ 120 of 132 10. List a performance target for each CTR-affected worksite. a. For any performance targets tied to the CTR survey, indicate that you’ll establish performance targets during the 2023-2025 survey cycle. Renton did not survey in 2023 and 2024 due to limited staff availability in addition to WSDOT’s guidance for surveying during this time period, which was delayed as WSDOT was establishing and setting up its survey tool. Therefore, the City will use on a DAR performance target of 66% as explained above until worksite surveys are completed in 2025. Once surveys are completed Renton will need to determine whether a DAR performance target greater than 66% can be achieved. If larger sites such as Providence Health, Kaiser Permanente, Geico Insurance and the City of Renton are still implementing hybrid and work-from-home models. If worksites are still teleworking less than 4 days/week, then the DAR is expected to be comparable to 66% or lower since employees will not be commuting into Renton. 11. List the base value you’ll use for each site. a. For any performance targets tied to the CTR survey, indicate that you’ll establish a base value during the 2023-2025 survey cycle. Response is the same as above. Renton did not survey in 2023 and 2024 due to limited staff availability in addition to WSDOT’s guidance for surveying during this time period, which was delayed as WSDOT was establishing and setting up its survey tool. Therefore, the City will use the base value(s) as established in Appendix B of the CTR Guidance until worksite surveys are completed in 2025. Once surveys are completed Renton will need to determine how to best revise the base values. Services and strategies 12. Describe the services and strategies your jurisdiction will use to achieve CR strategies. Renton seeks to heavily refresh its CTR program and implementation strategies during the 2025-2029 workplan period. Since the CTR program and its goals lend itself to shared goals with other city divisions, namely the city’s Sustainable Public Works group and Economic Development group, the city will seek to reassess staff resources toward the program so that we can better coordinate CTR promotions and campaigns with other city divisions that also engage with the city’s affected worksites and non-affected worksites. Renton also seeks to refresh its efforts toward marketing and promotion of existing King County Metro services. Renton benefits from Metro’s “Metroflex” on-demand service which allows users to access Metro service through on-demand pick up and drop offs within a specified service area, specifically in an area of Renton where vulnerable populations have been long-identified. In addition, Metro’s Vanpool and Vanshare service are a well-known and well-used service for commuters accessing Sounder Commuter Rail service and the City seeks to refresh its approach toward marketing, promoting, incentivizing, and recruiting worksites to participate in Vanpool/Vanshare services. Marketing, promoting, and providing education to worksites about the ORCA Passport and Business Passport program will continue to be a key facet of Renton’s CTR program so that the CTR program can assure that education is provided to Renton’s businesses, small and large, so that employers can provide transit passes to their employees. 121 of 132 Renton will also seek to try new strategies that involve coordinating the CTR program’s messaging and goals with the community events and programs run out of our Parks Department. The city’s regional trail system is often used among commuter cyclists and promoting events and special activities for Bike to Work Month is a specific area where the city wants to enhance the resonance of the CTR program. The City is currently working on cultivating relationships with the Cascade Bicycle Club and BikeWorks for greater stakeholder support and cross coordination that can benefit the city’s broader goals related to multi-modal safety & travel, commuting, recreation, and visitorship The CTR program manager may seek regional mobility grant funds to implement open streets event(s) that promote and encourage cycling and walking/rolling to work or transit & business destinations.. 13. Describe how jurisdiction services and strategies will support CTR-affected employers. Currently the city’s Economic Development division works with entities such as the Renton Chamber, Renton’s burgeoning Downtown Business District, major commercial property owners, and small business groups to promote business leadership and partnerships. The CTR program administrator will seek to improve coordination with Economic Development staff in developing special partnerships with entities such as the Renton Landing or Triton Towers group to market and promote transportation demand management strategies at the land use level, or commute trip reduction for tenants and employees. The CTR program administrator may promote the Switch Your Trips challenge, organized by the Washington State Ridesharing Organiza  on, to CTR-affected employers. It involves logging non-drive- alone trips, encouraging behavior change through the chance to win high-value prizes. The CTR program administrator will schedule an opportunity to be on-site at Renton Technical College and Providence Health, plus additional employers, to promote transportation options and answer employees’ questions. This could be a Transportation Options Expo event hosted by one or more employers at Renton Community Center. The CTR program administrator will also accept invitations from CTR-affected employers elsewhere in the city to carry out outreach at their on-site events, like commute fairs or worksite sponsored Bike to Work activities. 14. Describe barriers your jurisdiction must address to achieve CTR targets. a. Describe how you’ll address these barriers. Barrier 1: Not all CTR-affected worksites are well served by transit. More transit service is on the way, including the Metro I-Line and STRide 1 Bus Rapid Transit but the commuter rail users experience and average of two transfer points, and the average bus transit user experiences 1-2 transfers to their destination outside of Renton. The City will continue advocating for expanded transit service, such as expanding the Metroflex service area. Expanding the Metroflex service area to include the Tukwila Station would greatly reduce transfer points for longer distance commuters using rail. Barrier 2: Negative perceptions about the reliability and safety of transit. The City’s messaging encouraging transit use will address these perceptions. The City will cooperate with King County Metro on enhancing safety at bus stops and transit centers. Barrier 3: Unpredictability of employers’ work-from-home policies. For some employers, the base values for their drive-alone rates (question 11) were impacted by the number of days their staff were allowed to work from home. If some employers decide to require their staff to come to their worksites more 122 of 132 frequently than was the case in fall 2023 – spring 2024, which is a decision that is the employers to make, this will make it more difficult to achieve the CTR targets. Barrier 4: Lack of bicycling and/or pedestrian facilities that safely and seamlessly connect with interregional trails or transit facilities. The City will be implementing its Comprehensive Walkway Plan during the four-year CTR workplan period. The Walkway plan aims to provide and infill streets with new sidewalk where it is currently missing, especially among older neighborhood streets that were formerly owned or managed by King County. The City will also update its Bicycle and Trails Master Plan in 2026- 2027 with the goal of refreshing the non-motorized network for completeness of its streets and improving connectivity between interregional trails to the neighborhood street network. 15. Describe the transportation demand management technologies your jurisdiction plans to use to deliver CTR services and strategies.  Encouraging the use of trip-matching tools like RideshareOnline.com for carpools and vanpools  Encouraging people to load their transit passes onto their mobile phones, once ORCA enables that capability for both Android and iOS  Encouraging employee transportation coordinators to promote to their colleagues the best phone apps for transit trip planning and real-time transit tracking as well as promoting the Metroflex app and service  Using the State’s online CTR tool to conduct CTR surveys and collect program reports 16. Transcribe or link to your local CTR ordinance. City of Renton Ordinance No. 5422; Adopted November 15, 2008 CTR ordinance for Renton - King County, Washington 17. Describe your financial plan. a. Describe the estimated average annual costs of your plan. Activity Est. Average Annual Cost Employer engagement1 $15,400 Performance Reporting2 $25,000 Engagement/Promotion materials & supplies (may include food/beverage/gift card purchases for promotion & incentivizing or raffle purposes) $5,000 Administration3 $45,000 1Includes identifying CTR-affected worksites and ETCs, conducting training, providing technical assistance to ETCs, and reviewing employer CTR plans $20,000 2Includes worksite survey and program reports $20,000 3Includes financial and program management CTR/ETC duties for city employees; involvement in regional transportation coordination with Metro/PSRC/Sound Cities Association/WSDOT/organizational advocacy groups (ex. Cascade $30,000 123 of 132 Bicycle Club, Bikeworks, and all others); transportation demand management assistance to capital projects ORCA Business Passport (Renton City Hall and Shops employees) $113,190.48 Total $267,690.48 b. Describe likely funding sources, public and private, to implement your plan. Source of Revenue Est. Average Annual Revenue City of Renton1 $113,190.48 WSDOT (agreement # PDT0838) $155,400 ($77,700 annual) Total $267,690.48 1This amount varies every year as it is based on the number of annual employees 18. Describe your implementation structure. a. Describe who will conduct the activities listed in your plan. The City of Renton employee designated as the CTR program administrator is staffed out of the Transportation Planning group in the Public Works Department. They will be responsible for implementing and administering the plan with support from the Transportation Planning Manager. Assistance with CTR and TDM activities may utilize consultant support if needed for special activities identified throughout the plan period. The CTR program administrator also shares the same role as the Employee Transportation Coordinator for the City of Renton. b. Indicate who will monitor progress on your plan. List job title, department and name. As of December 2024, the Transportation Planner and Program Coordinator 2 positions in the Public Works Department are vacant and either of these positions would normally staff the CTR program manager and City’s ETC role. Currently, Ellen Talbo, Transportation Planning Manager, is acting as the CTR program manager and City’s ETC. She will monitor progress on the overall CTR work plan as well as current TDM contract with WSDOT. 19. List your implementation schedule. a. Provide the timeline for anticipated projects. 1st Biennium January 2025 - December 2027 2nd Biennium January 2028 – December 2029 Activities Recruit, orient, train new employees with the city’s CTR/TDM program and requirements. (high priority for Jan-Sep 2025 timeframe) Identify worksites and employee transportation coordinators. (high priority for Jan-Sep 2025 timeframe) Continue training and education for new or current employees with the city’s CTR/TDM program and requirements. Identify worksites and employee transportation coordinators. Conduct worksite surveys and program reports. 124 of 132 Conduct worksite surveys and program reports. (high priority for Jan-Sep 2025 timeframe) Review employer CTR plans and identify any engagement gaps; plan and conduct engagement as needed. (high priority for Jan-Sep 2025 timeframe) Participate in special engagement opportunities: Bike to Work month, City of Renton River Days, etc. Provide commute and other employee transportation coordinator services to city employees. Train and provide technical assistance to employee transportation coordinators. Monitor and oversee financial and program management. Engage in comprehensive, regional transportation, and transit planning. Provide transportation demand management technical assistance to capital projects. Review employer CTR plans and identify any engagement gaps; plan and conduct engagement as needed. Participate in special engagement opportunities: Bike to Work month, City of Renton River Days, etc. Provide commute and other employee transportation coordinator services to city employees. Train and provide technical assistance to employee transportation coordinators. Monitor and oversee financial and program management. Engage in comprehensive, regional transportation, and transit planning. Provide transportation demand management technical assistance to capital projects. 20. Describe the CTR plan for jurisdiction employees. a. Describe the services, programs, information, and other actions your city or county put in place to help its employees reduce their drive alone commute trips. The City is a customer of the ORCA Business Passport program and makes all resources available to all benefitted employees including unlimited-use ORCA card transit passes and access to the Metro VanPool and VanShare programs, which is commonly used among commuter rail user employees. The City also currently implements a hybrid 3-day in office/2-day work from home telework policy. The CTR program manager also serves as the ETC for the City’s two CTR-affected worksites: Renton City Hall and the Renton Maintenance Shops. The person in this role administers the CTR survey to City employees and completes the CTR program reports for the two worksites. The person in this role also: - Analyzes the CTR survey results and makes recommendations for reducing single-occupant vehicle trips generated by the worksites - Encourages City employees to make use of their unlimited-use ORCA cards through strategic interoffice communications (i.e. employee wellness newsletters, postings, hosted office hours) - Serves as a commute advisor to employees - Publicizes promotional challenges and campaigns as needed - Co-hosts the City’s internal Teams Vanpool/Vanshare channel 125 of 132 21. Describe how the CTR plan for jurisdiction employees contributes to the success of the overall plan. a. Describe how the plan for jurisdiction employees reinforces the success of the jurisdiction plan? The actions included in the city-as-employer plan indicate the city’s commitment and are similar to those carried out by other CTR-affected worksites. They create a mutually reinforcing community focused on CTR/TDM. Alignment with plans 22. List the transit agencies that provide service in your jurisdiction. King County Metro and Sound Transit 23. List the transit plans you reviewed while developing this plan. King County Metro –Metro Connects Long-Range Plan Sound Transit Development Plan and service ridership dashboard 24. Describe how this CTR plan supports the transit plans. 126 of 132 Renton has long been coordinating with both KC Metro and Sound Transit to support expansion of both providers’ systems through the city, especially through supportive land use like the Rainier-Grady transit- oriented development area. The Rainier-Grady TOD has been a long-standing piece of the region’s Vision 2050 for its focus on centering land use with transit to improve jobs-housing balance locally and regionally. This CTR plan provides framework for the transportation demand management aspects associated with a cohesive land use plan that is intended to directly link to transit in an effort to reduce single occupancy commuting and drive alone trips. The planned expansion and redevelopment of the Renton Transit Center will support CTR goals by improving transit access and increasing housing and retail opportunities within walking distance of the station. The integration of Stride Bus Rapid Transit (BRT) and Transit-Oriented Development (TOD) will further advance objectives such as expanding transit choices, promoting active transportation, and reducing congestion, greenhouse gas emissions, and air pollution. A new park-and-ride facility will also improve access for long-distance commuters, helping to ease traffic on local streets, arterials, I-405, and SR 167. Collectively, these investments will lead to higher transit ridership, more active transportation use, and less congestion across the region. 25. Describe any comprehensive plan updates that are needed and when will they be made. In 2024 the City of Renton updated its Comprehensive Plan with a 10-periodic review update. It is in the current stages of responding and incorporating final review comments from PSRC and the Department of Commerce. Consecutively, the Transportation Element is also being updated and the final version of the Transportation Element along with an amended Comprehensive Plan that incorporates additional housing element considerations is planned for completion by December 2025. The Transportation Element will make updates to 1) incorporate the four-year CTR plan by reference, and 2) update language in its TDM policies to bring them into consistency with the TOD planning policies. Engagement 26. Describe stakeholder engagement. a. Who did you talk to? During 2023 and 2024 the City of Renton has been focused on the Complete Streets and multi- modal aspects of the transportation network. To that end, recent public engagement occurred out of the efforts from updating the Transportation Element of the Comprehensive Plan, which encompasses all aspects of traversing the network including transportation demand management, carpooling habits, and non-motorized trips. Other engagement efforts occurred related to updating the city’s Comprehensive Walkway Plan, which analyzed streets and locations where pedestrian circulation lacks sidewalk, crossing and proper ADA infrastructure to reach transit and other destinations. The city worked with the Renton School District to host a youth-focused walk, bike, and roll safety education campaign and engagement was specifically focused on two of Renton’s 127 of 132 underserved communities: the Benson Hill and West Hill neighborhoods. Finally, the CTR program manager outreached with worksite ETCs in an effort to refresh connection with them and also generally check in with worksites about the status and outlook of continued telecommuting among their workforce(s). c. When did you talk to them? All public engagement timing is summarized below: - Comprehensive Plan website and information sharing: June 2023 – December 2024 - Comprehensive Plan and Transportation Element community survey: October – December 2023 o Interviews and focus groups with Veterans of Foreign Wars (VFW local chapter), Renton Chamber, Renton Seniors group: September 2023 – January 2024 o Public Workshops: November 2023, February 2024 o Planning Commission consultations and Public Hearings: June 2024, September 2024, October 2024 - Comprehensive Walkway Plan website launch (June 2023) and online survey + receive open letters and comments: May 2023 – August 2024 o Outreach booth promotion at Renton River Days Summer festival: July 2023 and July 2024 - Safe Access to Neighborhood Destination (SANDs) youth safety education academy: April 2023 – December 2023 o Website launch (April 2023) and online survey + receive open letters and comments: April 2023 – December 2023 o Promotion of survey & collect responses at Renton River Days: July 2023 o Worked with school district to recruit participants: June 2023 – September 2023 o Hosted 3 separate academy dates: September 2023 – October 2023 o Prepare summary report: October 2023 – January 2024 - CTR program outreach with worksite ETCs: January 2024 – July 2024 d. What did they have to say? Comments and feedback received from Renton’s public engagement efforts trended toward four general topics with regard to the transportation network:  A desire for light rail access through the city and specifically destined to the Renton Landing  A desire for safer streets where speed limits are observed and slower for better/safer pedestrian access  A desire for more and better bicycle infrastructure so that people can ride with less mixing or interruption with cars  A desire for more sidewalks along smaller roads through and amongst the neighborhood streets (i.e. sidewalks on collector and some local roads) Upon checking in with affected worksite ETC’s we found that it was difficult to obtain meaningful feedback about goals or desires due to high turnover among ETCs at the worksites. In general, responsive ETCs were generally receptive to engaging with Renton CTR program staff but in many cases, we encountered new ETCs that were catching up and new to commute trip reduction concepts and the state and local legislation. Therefore, we engaged with worksite ETCs to provide education about the CTR program during most of 2024. 128 of 132 e. How did what they said influence the plan? Based on the feedback that we received across all transportation planning efforts in 2023-2024, we have been pursuing and responding as follows:  A desire for light rail access through the city and specifically destined to the Renton Landing o The city recognizes the goal of pursuing light rail as a long-term transportation planning goal due to the built-out nature of the city’s land use and right of way and existing track usage of existing rail facilities. To that end, the City of Renton has been taking incremental approaches to enhancing transit access and connectivity through coordinated planning with KC Metro and Sound Transit as well as private development. The city made progress during pre-covid years in partnering with private developer interest in the south base of Lake Washington near the Renton Landing to provide a Southport Pedestrian Connection as well as a shuttle service. These projects currently remain unfunded, but the city continues to program them in the six- year transportation improvement plan as longer-term projects.  A desire for safer streets where speed limits are observed and slower for better/safer pedestrian access o The city is currently developing a comprehensive safety action plan specifically drawing on the nationally recognized Safe Streets Approach. The safety action plan will update the city’s five- year period citywide crash analysis as well as analyze killed and severe injury (KSI) crashes especially when and where speed was a factor. The action plan will also engage with the public including focused engagement with vulnerable and underrepresented users. The goal for completing the action plan is December 2026.  A desire for more and better bicycle infrastructure so that people can ride with less mixing or interruption with cars o The city continues to make progress in constructing its complete streets projects out of its six- year TIP that include accommodation for bicycles. Specific projects with an intentional focus toward active transportation and bicycle circulation include:  the Renton Connector project – this project will construct a multi-use trail and linear parkway in the median of Burnett Ave with the intent to connect the future South Renton Transit Center to downtown Renton and eventually Lake Washington. The project is currently in the design phase, anticipated for design completion in 2026.  S. 7th Street Bike Lane project – this project will add a protected 2-way cycle track along S.7th Street between Burnett Ave to Shattuck Ave, and sharrows between Shattuck Ave to Rainier Ave, to provide better cycling connectivity to/from the future South Renton Transit Center and the area west of Rainier Ave. The project is currently in construction and completion is anticipated in by the end of 2025.  Updating the city’s Bike and Trail Master Plan in 2026 and updating it to become a citywide Active Transportation Plan  A desire for more sidewalks along smaller roads through and amongst the neighborhood streets (i.e. sidewalks on collector and some local roads) o The city continues to make progress in constructing its planned sidewalk projects out of its six-year TIP that improve pedestrian connection to transit or provide sidewalk for safer pedestrian circulation. These projects include:  116th Ave SE Sidewalk Project – this project will install sidewalk, curb and gutter, ADA ramps, and rectangular rapid flashing beacon crossings along 116 th Ave SE just adjacent to Cascade Elementary School and the Renton Family First Community Center. The project will begin construction in spring 2025 and be completed by the end of 2025. 129 of 132  Maplewood Sidewalk Rehabilitation Project – this project will replace aging sidewalks in the Maplewood Glen neighborhood. Construction will begin in 2025.  SE 170th St Stormwater Upgrade Project – this project will upgrade the stormwater infrastructure and add new sidewalk, curb, gutter and ADA ramps in the Cascade/Renton Park neighborhood on several identified local residential streets. Construction will begin in 2025.  Walkway Program development – the city is currently identifying the priority array of sidewalk infill projects for inclusion in the 2025-2030 TIP. In 2024, the City adopted a Transportation Benefit District (TBD) which is partially focused on generating an estimated revenue base of approximately $3 million annually for exclusive investment in sidewalk and pedestrian improvement infrastructure. 27. Describe vulnerable populations considered. During the city’s public engagement for all of its transportation planning efforts in 2023 and 2024, the city made an effort to provide engagement available to non-English speaking households using its LanguageLine interpretation resource and ensuring that website surveys were available to be bilingual to the best ability. In-person Spanish interpretation was available and provided at outreach during the 2023 Renton River Days summer festival. In addition, even though the comprehensive safety action plan is currently a work in progress, the project team is currently developing partnerships with community-based organizations such as The Lighthouse Institute and other groups whose clientele is visual/audible/mobility impaired and dependent on transit. The city intends to work specifically with these groups at a focus group and task force level to identify issues in the transportation network affecting these vulnerable populations. 28. Describe engagement focused on vulnerable populations. a. Who did you talk to? During the city’s public engagement for all of its transportation planning efforts in 2023 and 2024, the city made an effort to provide engagement available to non-English speaking households using its LanguageLine interpretation resource and ensuring that website surveys were available to be bilingual to the best ability. In-person Spanish interpretation was available and provided at outreach during the 2023 Renton River Days summer festival. In addition, even though the comprehensive safety action plan is currently a work in progress, the project team is currently developing partnerships with community-based organizations such as The Lighthouse Institute and other groups whose clientele is visual/audible/mobility impaired and dependent on transit. The city intends to work specifically with these groups at a focus group and task force level to identify issues in the transportation network affecting these vulnerable populations. b. When did you talk to them? 130 of 132 All public engagement timing is summarized below, including consideration and accommodation for vulnerable populations: - Comprehensive Plan website and information sharing: June 2023 – December 2024 - Comprehensive Plan and Transportation Element community survey: October – December 2023 o Interviews and focus groups with Veterans of Foreign Wars (VFW local chapter), Renton Chamber, Renton Seniors group: September 2023 – January 2024 o Public Workshops: November 2023, February 2024 o Planning Commission consultations and Public Hearings: June 2024, September 2024, October 2024 - Comprehensive Walkway Plan website launch (June 2023) and online survey + receive open letters and comments: May 2023 – August 2024 o Outreach booth promotion at Renton River Days Summer festival: July 2023 and July 2024 - Safe Access to Neighborhood Destination (SANDs) youth safety education academy: April 2023 – December 2023 o Website launch (April 2023) and online survey + receive open letters and comments: April 2023 – December 2023 o Promotion of survey & collect responses at Renton River Days: July 2023 o Worked with school district to recruit participants: June 2023 – September 2023 o Hosted 3 separate academy dates: September 2023 – October 2023 o Prepare summary report: October 2023 – January 2024 - CTR program outreach with worksite ETCs: January 2024 – July 2024 c. What did they have to say? Comments and feedback received from Renton’s public engagement efforts, including vulnerable populations, trended toward four general topics with regard to the transportation network:  A desire for light rail access through the city and specifically destined to the Renton Landing  A desire for safer streets where speed limits are observed and slower for better/safer pedestrian access  A desire for more and better bicycle infrastructure so that people can ride with less mixing or interruption with cars  A desire for more sidewalks along smaller roads through and amongst the neighborhood streets (i.e. sidewalks on collector and some local roads) We received specific feedback from youth (middle and high school aged students) in the Benson Hill and West Hill neighborhoods during the SAND academy. Their feedback was focused on cycling and getting around on foot throughout their neighborhoods and employment destinations. In general, the feedback received from these groups indicated that among middle and high school aged students, who tend to lack access to owning or driving a car, are dependent on transit and/or carpooling to complete trips to get to their job, school activities, and social activities. Students who carpool to their jobs starting from a friend or relative’s housework different shifts and don’t use the same carpool ride after their work shift ends and then depend on transit or walking/biking to get back home. Also, high school students that work after school and on weekends are typically working at jobs with off-peak commute hours so traffic congestion is less of a concern for them. The majority of students that participated in the SAND program expressed concerns about speeding and unsafe driving behaviors making it difficult or uncomfortable to walk or bike to/from school. 131 of 132 d. How did that they said influence the plan? The city is working to address the feedback collected at this current time following the projects and actions described in question 26.e. With regard to the feedback received from youth in Renton’s underserved communities, Public Works staff met with Renton School District staff in October 2024 to establish cooperative partnership toward tighter inter-agency coordination and communication with the goal of improving overall walk/bike safety surrounding schools. In addition, feedback collected from the students informed city staff that marketing and promoting KC Metro’s Metroflex program more directly to youth populations in addition to youth ORCA passes would benefit Renton’s young riders and drivers in their trip decisions. 29. List employers’ suggestions to make CTR effective. The CTR program administrator spoke with four employee transportation coordinators for CTR-affected worksites in Renton. Their suggestions are listed below.  ETCs believe more employees would use transit if the existing routes were more expansive and buses came more frequently. Could the City advocate for increased frequency and route coverage?  Improving the transit connectivity between Tukwila station and Renton Technical College and Renton City Hall to reduce the number of transfers might increase its uptake among her coworkers.  Doing a transportation options fair the worksites was a welcome idea. 30. Describe results of engagement focused on vulnerable populations that will be provided for use in the comprehensive plan and transit plan updates. As described in 26.e, the city is working to address the feedback collected at this current time following the projects and actions described in question 26.e. With regard to the feedback received from youth in Renton’s underserved communities, Public Works staff met with Renton School District staff in October 2024 to establish cooperative partnership toward tighter inter-agency coordination and communication with the goal of improving overall walk/bike safety surrounding schools. In addition, feedback collected from the students informed city staff that marketing and promoting KC Metro’s Metroflex program more directly to youth populations in addition to youth ORCA passes would benefit Renton’s young riders and drivers in their trip decisions. In general, the City seeks solution-oriented resolution in the form of programming projects into the six- year TIP and/or pursuing grant funding to actualize the projects and programs that present solutions for vulnerable populations regardless of if or when feedback is received from these groups. Regional transportation planning organization CTR plan review RTPO comments: This section is awaiting comments to be received from PSRC. 132 of 132