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HomeMy WebLinkAboutCOW 2025-01-12 COMPLETE AGENDA PACKETCITY OF TUKWILA City Council Committee of the Whole Meeting Monday, January 12, 2025 at 7:00 p.m. Location: Tukwila City Hall, Council Chambers, 6200 Southcenter Boulevard, Tukwila, WA 98188 Join remotely: 1-253-292-9750, Access Code: 670077847# or click here to 'oin virtuall AGENDA 1. CALL TO ORDER/ PLEDGE OF ALLEGIANCE/ ROLL CALL 2. LAND ACKNOWLEDGEMENT The City of Tukwila is located on the ancestral lands of the Coast Salish people. We acknowledge their continuing connections to land, waters and culture. We pay our respects to their elders past, present and emerging. 3. PUBLIC COMMENTS Those wishing to provide public comments may verbally address the City Council both on -site at Tukwila City Hall or remotely via phone or Microsoft Teams for up to 5 minutes for items both on and not on the meeting agenda. Per the Council Rules of Procedure, the total time for public comment should not generally exceed 30 minutes and time may be reduced to 3 minutes if there are more than 6 speakers. To provide comment remotely, please email citycouncil(c�tukwilawa.gov with your name and topic by 5:00 PM on the meeting date. Please clearly indicate that your message is for public comment during the meeting, and you will receive further instructions. 4. SPECIAL ISSUES a. Kirschenbaum & Goss Contract Amendment #2 Pg. 4 b. Resolution to Adopt the Hazard Mitigation Plan Pg. 8 c. Contract Approval for Public Service Personnel Consultants (PSPC) Pg. 38 d. Contract Approval for NeoGov Pg. 51 e. Resolution to Update the City Compensation Policy Pg. 68 f. 2026 City Council & Mayor Participation on External Boards & Pg. 77 Committees g. Letter to Sound Transit Board regarding Boeing Access Road Light Rail Pg. 81 Station 5. REPORTS 6. MISCELLANEOUS 7. ADJOURNMENT TO SPECIAL MEETING City Council Meeting — C.O.W. & Special Page 2 of 2 January 12, 2026 City Council Special Meeting 1. CALL TO ORDER 2. CONSENT AGENDA a. Approval of Minutes: 1/5/26 Regular Meeting b. A resolution adopting the Tukwila Hazard Mitigation Plan. [To be reviewed and forwarded by the C.O.W. on 1/12/26.] 3. NEW BUSINESS <if needed for Consent Agenda Items> 4. ADJOURNMENT Pg. 8 This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio/video taped, and available at w.tukwilawa.gov If you are in need of translation or interpretation services at a Council meeting, please contact us at 206-433-1800 by 12:00 p.m. on the meeting date. WELCOME TO THE TUKWILA CITY COUNCIL MEETING The Tukwila City Council encourages community participation in the local government process and welcomes attendance and public comment at its meetings. MEETING SCHEDULE Regular Meetings are held at 7:00 p.m. on the 1st and 3rd Mondays of each month. The City Council takes formal action in the form of motions, resolutions and ordinances at Regular Meetings. Committee of the Whole Meetings are held at 7:00 p.m. on the 2nd and 4th Mondays of each month. The City Council considers current issues, discusses policy matters in detail, and coordinates the work of the Council at Committee of the Whole meetings. PUBLIC COMMENTS Members of the public are given the opportunity to address the Council for up to 5 minutes on items both on and not on the meeting agenda during Public Comments. Per the Council Rules of Procedure the total time for public comments should not generally exceed 30 minutes and time may be reduced to 3 minutes each if there are more than 6 speakers. When recognized by the Presiding Officer, please go to the podium if on -site or turn on your microphone if attending virtually and state your name clearly for the record. The City Council appreciates hearing from you but may not respond or answer questions during the meeting; members of the City Council or City staff may follow up with you following the meeting. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. The City Council Rules of Procedure provide the following guidelines for Public Hearings: 1. City staff will provide a report summarizing and providing context to the issue at hand. 2. City staff shall speak first and be allowed 15 minutes to make a presentation. 3. The applicant is then allowed 15 minutes to make a presentation. 4. Each side is then allowed 5 minutes for rebuttal. 5. After City staff and the applicant have used their speaking time, the Council may ask further clarifying questions of the speakers. 6. Members of the public who wish to address the Council on the hearing topic may speak for 5 minutes each. 7. Speakers are asked to sign in on forms provided by the City Clerk. 8. The Council may ask clarifying questions of speakers and the speakers may respond. 9. Speakers should address their comments to the City Council. 10. If a large number of people wish to speak to the issue, the Council may limit the total amount of comment time dedicated to the Public Hearing. 11. Once the Presiding Officer closes the public hearing, no further comments will be accepted, and the issue is open for Councilmember discussion. 12. Any hearing being held or ordered to be held by the City Council may be continued in the manner as set forth by RCW 42.30.100. For more information about the City Council, including its complete Rules of Procedure, please visit: tt s:// .tu ila aov/e a ents/city-council/ City of Tukwila Thomas McLeod, Mayor Marty Wine, City Administrator AGENDA BILL ITEM NO. 4.A. Agenda Item Sponsor Legislative History Recommended Motion Amendment to 2025-2026 Contract for Public Defense Services Cheryl Thompson, Executive Coordinator Mayor's Office January 12, 2026 Committee of the Whole January 26, 2026 Regular Meeting ❑ Discussion Only 0 Action Requested MOVE TO Authorize the Mayor to execute a contract amendment with Kirshenbaum & Goss, Inc. P.S. increasing compensation for 2026 in the amount of $60,000 EXECUTIVE SUMMARY Public Defense caseload standards have changed effective January 1, 2026. As part of the 2026 Budget Amendment, City Council authorized a $60,000 increase to the contract with Kirshenbaum & Goss, Inc. P.S. to hire an additional attorney to meet the caseload standards. This contract amendment increases the compensation paid to the firm by an additional $5,000 per month, totaling $37,600 per month, in alignment with the budget amendment. DISCUSSION The Sixth Amendment of the United States Constitution requires that people accused of serious crimes who cannot afford to pay for private counsel be provided with an attorney. Responsibility for upholding the mandate of the Sixth Amendment lies with the states, although in Washington State this responsibility has been delegated to counties and municipalities that have judicial branches. The City of Tukwila contracts for public defense services to provide legal representation for indigent criminal defendants who qualify for appointment of counsel. In 2025 caseloads have continued to increase. After evaluation of current caseloads in conjunction with the reduction in the number of misdemeanor cases each public defense attorney is now allowed to handle each year, it was determined that an additional attorney was needed. FINANCIAL IMPACT Complete for all items with fiscal implications Disclaimer: Final terms and scope of work subject to review by he City Attorney © Expenditure - Budgeted ❑ Expenditure - Unbudgeted ❑ Expenditure - Grant -Funded ❑ Revenue — One -Time (e.g. sale, surplus equipment) ❑ Revenue - Ongoing Expenditures: Fund Source: $60,000 Revenues(if applicable): General Fund $nter Amountasset Contractor (if applicable) Kirshenbaum & Goss 4 Scope of Work To provide legal representation for indigent criminal defendants who qualify for appointment of counsel. Representation is provided from the time of screening for eligibility through trial, sentencing and appeals to the superior court, if necessary. Amount $60,000 Duration January 1, 2026 — December 31, 2026 Additional Comments: ATTACHMENTS Amendment #2 for Contract No. 24-145 with Kirshenbaum & Goss, Inc. P.S. 5 https://tukwilawa.sharepoint.com/sites/CC2/CC Docs/2026 COUNCIL MTGS/2026 Agenda Packets/2026-01-12 Council Packet - COW & Specia1/5a - 25-26 Public Defense Services Contract Amendment/01 Agenda Bill re Amendment to 2025-2026 Public Defense Services Contract.docx City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: CONTRACT FOR SERVICES Amendment #2 Between the City of Tukwila and Kirshenbaum & Goss, Inc. PS. That portion of Contract No. 24-145 between the City of Tukwila and Kirshenbaum & Goss, Inc. PS is hereby amended as follows: Section 2: Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. Base Compensation is in consideration of a caseload not to exceed 960 cases per year. In compliance with the public defense standards, the case counts include the Contractor's appearance at 48 arraignment calendars per year. All other provisions of the contract shall remain in full force and effect. Dated this day of January,2026. CITY OFTUKWILA CT Thomas McLeod, Mayor Attest/Authenticated: Andy Youn-Barnett, City Clerk Approved as to Form: City Attorney's Office CONTRACTOR: David Kirshenbaum 6 EXHIBIT B - COMPENSATION AND METHOD OF PAYMENT 1. Base Compensation Rate. Effective January 1, 2026, for all public defense services set forth in Exhibit A, Contractor shall be paid a flat monthly fee of $37,600, which includes $2,000 per month Office of Public Defense (OPD) grant funds to compensate for additional services provided as outlined in Exhibit A Sections 12 & 13. Should provision of the additional services be modified in any way, compensation will be adjusted accordingly. OPD grant funds have been awarded for 2025. If needed, a mid -contract review will be conducted to adjust compensation based on grant funding. 2. Caseload Compensation. Caseload assignments will be evaluated on a quarterly basis. For each case per quarter over 240 cases additional compensation will be provided at the rate of $550 per case. 3. Possession and Public Use Cases: Simple Possession Advocacy and Representation (SPAR) grant funds for FY2026 have been fully expended. Possession or public use of a controlled substance cases will no longer be paid at a separate rate above the base compensation rate reference in Section 1.. 4. Appeals. The City shall pay the Attorney an additional sum of $800 per RAJ appeal filed with the King County Superior Court in which a brief has been filed by the Contractor. 5. Community Court. The Tukwila Municipal Court is researching implementation of a cross - jurisdictional Community Court. If a Community Court is implemented during the term of this contract, the impact to provision of public defense services for the Community Court will be assessed and compensation will be adjusted accordingly. 6. Preauthorized Non -Routine Expenses. Non -routine case expenses requested by Attorney and preauthorized by order of the Tukwila Municipal Court. Non -Routine expenses include, but are not limited to: a. Medical and psychiatric evaluations; b. Expert witness fees and expenses; c. Interpreters for languages not commonly spoken in the city or interpreters; d. Investigation expenses; e. Medical, school, birth, DMV, 911, emergency communication recordings and logs, and other similar records when the cost of an individual item does not exceed $75; and f. Any other non -routine expenses the Tukwila Municipal Court finds necessary and proper for the investigation, preparation, and presentation of a case. 7. Invoices. The Contractor shall invoice the City by the fifth day of the month for all cases assigned to him/her for the previous month. The bill shall delineate the following: • City compensation; • Miscellaneous Charges: Copies of invoices and/or receipts shall be attached to the bill; and • A list of the cases assigned for the month including the defendant's full name, case number, charges, date of assignment & date of first contact. 7 24-145 Kirshenbaum & Goss, Inc. PS Amendment 2 Page 2 of 2 City of Tukwila Thomas McLeod, Mayor Marty Wine, City Administrator AGENDA BILL ITEM NO. 4.B. & Spec 2.B. Agenda Item Tukwila Hazard Mitigation Plan Annex Adoption Sponsor Mindi Mattson Mayor's Office Legislative History January 12, 2026 Committee of the Whole January 12, 2026 Special Meeting Recommended Motion ❑ Discussion Only ❑x Action Requested MOVE TO Adopt Hazard Mitigation Plan Annex EXECUTIVE SUMMARY Tukwila Participates in King County's Hazard Mitigation Program by annexing to the King County Hazard Mitigation Plan. Tukwila's Hazard Mitigation Plan Annex is ready for review and adoption by Council. DISCUSSION The Hazard Mitigation Plan for King County allows each City to provide a city -specific Annex to be included in the County's plan. The plan and annexes outline the strategy for mitigating hazards in the County. This includes identification of hazards, projects, funding, priorities and strategies for the County and each individual city. The Tukwila Hazard Mitigation Plan Annex was developed with input from City staff subject matter experts. Once adopted by Tukwila Council, the Annex will become part of the King County Hazard Mitigation Plan. This maintains the City's ability to maintain eligibility to apply for hazard mitigation grants to further the priorities identified in the Annex. FINANCIAL IMPACT N/A ATTACHMENTS Proposed Resolution Proposed Tukwila Hazard Mitigation Plan Annex 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE TUKWILA HAZARD MITIGATION PLAN; REPEALING RESOLUTION NO. 1995. WHEREAS, the City of Tukwila and surrounding areas are subject to various hazards, including flooding, earthquakes, landslides, severe windstorms and other natural and technological/man-made hazards; and WHEREAS, the City of Tukwila is committed to strengthening the City's resilience to the effects of natural and technological/man-made hazards; and WHEREAS, the Federal Disaster Mitigation Act of 2000, specifically Section 322, addresses local mitigation planning and requires local governments to develop Local Hazard Mitigation Plans as a condition of receiving Hazard Mitigation Grant Program funding, Flood Management Assistance, and Pre -Disaster Mitigation funding from the Federal Emergency Management Agency (FEMA); and WHEREAS, FEMA is completing a pre -adoption review of the City's Hazard Mitigation Plan Annex and will approve the Plan upon receiving documentation of its adoption by the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The City Council approves participation in the hazard mitigation planning process, development of a City-wide Hazard Mitigation Plan Annex and adoption of the proposed Hazard Mitigation Plan Annex subject to FEMA approval, hereby incorporated by reference as "Attachment A." PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of , 2026. ATTEST/AUTHENTICATED: Andy Youn-Barnett, City Clerk Armen Papyan , Council President APPROVED AS TO FORM BY: Office of the City Attorney Filed with the City Clerk: Passed by the City Council: Resolution Number: Attachment A: Tukwila Hazard Mitigation Plan ("City of Tukwila Plan Annex") 2026 Legislation: Hazard Mitigation Plan Version: 1/5/2026 Staff: M. Mattson Page 1 of 1 9 City of Tukwila Plan Annex Introduction Tukwila Snapshot (Using data from the U.S. Census Bureau, Washington State Office of Financial Management, Puget Sound Regional Council, and other sources): • Tukwila is located in the heart of the Puget Sound region, approximately 12 miles south of downtown Seattle, 17 miles north of Tacoma, and just east of Seattle -Tacoma International airport. • Tukwila is 9.2 square miles in size (2020), with a population of 2,373 persons per square mile. • Tukwila had an estimated population of 22,780 in 2023 and had an estimated employment of around 45,825 in 2022. Between 2018 and 2022, more than 82 percent of those 25 years and older reported being a high school graduate, and 26 percent had a bachelor's degree or higher. • Tukwila is an increasingly diverse city, with more than 69 percent of its population identifying as nonwhite in 2023, and 40 percent born outside of the United States or Puerto Rico. Approximately 47 percent of the residents speak a language other than English at home. • As of 2023, Tukwila had estimated 8,098 households with an average of 2.64 persons per household. • Tukwila's 2023 median household income was $76,331, and the Census Bureau estimates that 13.3 percent of the city's residents live in poverty. • In 2023, 18 percent of the population was under 18 years old, and 11 percent were over 65 years old. • Tukwila has more than 2,000 businesses, which comprise over 40,000 jobs. Businesses cover multiple sectors with concentrations in retail, manufacturing, services, and distribution and specialties in entertainment and aerospace. • Between 2018 and 2022, 72 percent of the population age 16 and up participated in the civilian labor force. Governing Format • Tukwila, incorporated on June 23, 1908, is a non -charter, optional code city operating under a Mayor -Council form of government, which includes a full-time Mayor, seven -member City Council elected at large, and a City Administrator. All elected official terms are for a period of four years. Mayor McLeod is the chief executive officer, and the Council is the legislative branch and governing body. City management includes a City Administrator, Deputy City Administrator, nine department heads, 269 full-time employees and 91 part time employees. The current operating budget of the city for 2025 is $163,747,027 l9a 22—SO 4-2 .2' wr Ate20 qw ue m e vq,11.l 1 n ocLe City of Tukwila Hazard Mitigation Plan Page 1 ,� 0 Tukwila Snapshot (Using data from the U.S. Census Bureau, Washington State Office of Financial Management, Puget Sound Regional Council, and other sources): • Tukwila is located in the heart of the Puget Sound region, approximately 12 miles south of downtown Seattle, 17 miles north of Tacoma, and just east of Seattle -Tacoma International airport. • Tukwila is 9.2 square miles in size (2020), with a population of 2,373 persons per square mile. • Tukwila had an estimated population of 22,780 in 2023 and had an estimated employment of around 45,825 in 2022. Between 2018 and 2022, more than 82 percent of those 25 years and older reported being a high school graduate, and 26 percent had a bachelor's degree or higher. • Tukwila is an increasingly diverse city, with more than 69 percent of its population identifying as nonwhite in 2023, and 40 percent born outside of the United States or Puerto Rico. Approximately 47 percent of the residents speak a language other than English at home. • As of 2023, Tukwila had estimated 8,098 households with an average of 2.64 persons per household. • Tukwila's 2023 median household income was $76,331, and the Census Bureau estimates that 13.3 percent of the city's residents live in poverty. • In 2023, 18 percent of the population was under 18 years old, and 11 percent were over 65 years old. • Tukwila has more than 2,000 businesses, which comprise over 40,000 jobs. Businesses cover multiple sectors with concentrations in retail, manufacturing, services, and distribution and specialties in entertainment and aerospace. • Between 2018 and 2022, 72 percent of the population age 16 and up participated in the civilian labor force. Governing Format • Tukwila, incorporated on June 23, 1908, is a non -charter, optional code city operating under a Mayor -Council form of government, which includes a full-time Mayor, seven -member City Council elected at large, and a City Administrator. All elected official terms are for a period of four years. Mayor McLeod is the chief executive officer, and the Council is the legislative branch and governing body. City management includes a City Administrator, Deputy City Administrator, nine department heads, 269 full-time employees and 91 part time employees. The current operating budget of the city for 2025 is $163,747,027 Development Trends Since 1990, the City of Tukwila has experienced modest but steady population growth (not including annexations). While Tukwila's residential population remains relatively small, the city functions as a major regional employment and activity center, resulting in development patterns that differ from those of primarily residential jurisdictions. Tukwila's nighttime population is approximately 22,780 residents as of 2023 and is expected to grow gradually as additional housing is delivered. In contrast, the city's daytime population remains significantly larger - estimated between 150,000 and 170,000 people on a typical weekday - reflecting the concentration of employment, regional retail, industrial uses, and transportation facilities. This daytime population, roughly seven to eight times greater than the residential population, has important implications for infrastructure demand, emergency response, and hazard mitigation planning. 11 City of Tukwila Hazard Mitigation Plan Page 2 Development activity in Tukwila is generally grouped into five areas: the Tukwila Urban Center/Southcenter area, the Manufacturing/Industrial Center, the Tukwila International Boulevard corridor, Tukwila South, and the city's remaining residential and commercial neighborhoods. Tukwila Urban Center (TUC)/Southcenter Area — A high -density, regionally oriented mixed -use urban center that includes major retail, employment, entertainment, and an expanding residential base. Development in this area is primarily vertical, with mid -rise and high-rise buildings, and is supported by substantial transportation infrastructure. The concentration of activity and critical facilities as well as the proximity to the Green and Duwamish River makes this area a focal point for emergency preparedness and infrastructure resilience planning. Manufacturing/Industrial Center — A large employment district along the Duwamish River characterized by manufacturing, warehousing, logistics, and industrial uses. This area supports a significant share of the city's employment base and includes critical freight and utility infrastructure. Portions of the area are located near flood - prone or liquefaction -susceptible lands, requiring careful consideration of hazard exposure and continuity of operations. Tukwila International Boulevard (TIB) Corridor — A transitioning corridor anchored by Link light rail service and characterized by mid -rise residential, mixed -use, and commercial development. Ongoing redevelopment is increasing residential density and activity levels, particularly near station areas, while older commercial uses remain interspersed along the corridor. Proximity to major transportation infrastructure and variable site conditions present both redevelopment opportunities and hazard planning considerations. Tukwila South — A large area at the southern end of the city along the Green River identified for long-term redevelopment and intensification. The area includes extensive environmental constraints and infrastructure needs, and development is expected to occur incrementally over time. Past and future site preparation, including grading and floodplain management, play an important role in reducing flood risk and shaping long-term development potential. More broadly, the city continues to see strong market interest in mid -rise residential development, driven by limited land availability and proximity to transit and services. Recently completed or soon -to -be completed. projects such as Prose Tukwila in the Tukwila Urban Center and Village at 47th in the Ryan Hill area illustrate this trend. These developments reflect a continued shift toward compact, multi -story housing forms that align with Comprehensive Plan goals to concentrate growth in designated centers and corridors. Recent state -required regulatory changes implementing middle housing provisions under HB 1110 have also begun to influence development patterns. In Tukwila, this shift is reflected in the transition from the former Low Density Residential (LDR) zoning designation to the new Community Residential (CR) zone, which combines elements of the former LDR and Medium Density Residential (MDR) zones. Early development interest indicates growing consideration of duplexes, triplexes, fourplexes, and other middle housing types on lots that were historically developed with single-family homes. Over time, these changes are expected to incrementally increase housing capacity while maintaining neighborhood -scale development patterns. Overall development capacity remains constrained by limited land availability and existing development patterns. As a result, most residential growth is likely to occur through middle housing infill on CR lots and the occasional mixed-use/multi-family project in the TIB and TUC subareas. At the same time, continued development pressure increasingly affects parcels encumbered by critical areas, including steep slopes, wetlands, and streams. While the city regulates development to avoid direct impacts to these areas where feasible, their presence introduces additional environmental risk and development challenges. These constraints require careful site design, mitigation, and long-term monitoring and remain an important consideration from an environmental and hazard mitigation perspective as Tukwila continues to grow. City of Tukwila Hazard Mitigation Plan Page 3 12 urisdiction Point of Contact: Name: Pete Mayer Title: EM Director/Deputy City Administrator Entity: City of Tukwila Phone: (206)767-2305 Email: pete.mayer@tukwilawa.gov Plan Prepared By: Name: Mindi Mattson Title: Emergency Manager Entity: City of Tukwila Phone: (206)673-7480 13 City of Tukwila Hazard Mitigation Plan Page 4 City of Tukwila Risk Summary Hazard Risk and Vulnerability Summary HAZARD Avalanche Dam Failure Earthquake HAZARD SUMMARY VULNERABILITY IMPACT SUMMARY , SUMMARY Tukwila is not NA NA within an avalanche zone. Flood protection for much of Tukwila that is in the valley is provided by the Howard Hanson dam. The dam is a USACE project built in 1962 and located approxitnately 35 miles upriver from Tukwila. The King County Flood Control District assists with downstream management of flood protection. Like most of the Pacific Northwest, earthquakes are likely the This likelihood of a complete dam failure is very low due to diligent, competent management of the project by the US Army Corps of Engineers. However, an event such as a major earthquake or terrorist attack could result in dam failure. Tukwila has a significant amount of structures and infrastructure The total release of water stored at the dam would result in extensive flooding to all downstream communities including Tukwila. Being the furthest community downstream, Tukwila would have the most time for response efforts including evacuations and hardening of buildings in the flood plane. However, being further downstream may result in larger levels of debris and hazardous PROBABILITY OF FUTURE OCCURRENCE (INCLUDE EFFECTS OF CLIMATE CHANGE) NA material deposits from upstream communities. An An earthquake in or near Tukwila could result in outcomes To date the USACE have been able to accommodate for changing weather patterns resulting in variations to the water storage needs at the project. Predictability of a total dam failure is very low because the most likely causes are either less predictable hazards (earthquakes) and man-made hazards (terrorism). While earthquakes are not predictable, the historic intervals and City of Tukwila Hazard Mitigation Plan Page 5 14 Flood Landslide highest impact disaster for Tukwila. We are susceptible to crustal, intraplate, and subduction zone quakes. The city is bisected by the Green and Duivamish River which, runs the entire city from north to south. Landslides typically occur when the earth is unstable and the slope is excessive. There is often a triggering event such as excessive rain or earthquake. that were built prior to curren standards, including concrete tilt -up buildings, unreinforced masonry, and bridges. Bridges are of high concern due to the potential isolation of some or many of our communities, as well as the large volume of traffic that passes through Tukwila. ................................................ There are multiple residential and commercial properties including a professional rugby/soccer complex and a golf course that may be affected by a100year event. There is one known area prone to landslide in the city adjacent to Interurban Ave South at the 15200 block. Canyon Estates Condos sit above the potential slide area. The area is marked and slope ranging from inconvenient to catastrophic depending on the severity. A quake could impact much of the critical infrastructure making it difficult to provide essential services. It would greatly overwhelm regional services and significantly impact both residents and visitors. With climate change, ° population and development growth, impacts from flooding will remain impactful. A landslide in the known area could cause life safety issues, traffic issues, and property damage to public and private property. years since the last major quake in this region could be interpreted as the region being "overdue" for a major occurrence. While the impacts of climate change are anticipated to be significant for our region, there is not currently data correlating earthquake outcomes and climate change. There is a plan to reinforce the levees throughout the City to lessen flood impacts. Climate change may increase rainfall amounts to slide -prone areas. The city recently hired a Geotech consultant to provide detailed landslide information and mapping. The report will be available Q1 2026 and 15 City of Tukwila Hazard Mitigation Plan Page 6 Extreme Weather Tsunami Volcano Wildfire stabilization and debris mitigation measures have been implemented. findings will be incorporated in this annex in the future. Tukwa ' Due to The :2021 Heat Occurrencesof experiences demographics, Dome was an extreme weather extreme geography and example of an will continue to weather in the topography, extreme weather be irripactful to orm of wind, Tukwila is event. There the city. Climate in, snow, prone to have also been change may ice, and heat. extreme significant rain, bring more weather events snow, and ice frequent, and their ' events causing extreme events. outcomes. A tsunami is most likely to occur from an earthquake creating wave activity that reaches land/shore. e Cascade mountain range contains multiple active volcanos that could impact e city. Any tsunamic activity that reached the city would come through Puget Sound and up through the Duwamish river resulting in tidal surge. While lahars are not likely to reach the city, debris and ash flows could be significant depending on wind and other uweather. conditions While the city j Since the city is is bordered by largely built out mostly urban in terms of areas, there business and localized flooding, accidents, damage to property, loss power and disruption of 911'services. Based on tsunami modeling for Puget Sound, the likelihood of impacts in Tukwila is considered to be low. large ash r deposit can pose significant Health risks for humans ncl animalst It would cause igniftcant: impacts to agriculture, transportation 1 and; infrastructure incltading emergency` ervices. Fires in these areas are adequately covered by ee Earthquake information above. While the modeling gives us a good indicator of impacts, prediction of an earthquake is very imprecise. Predictions of Volcanic activity imprecise, although often activity will be detected prior to a large eruption. The city would ely on existing geotechnical. monitoring and otiftcation of a ending event. While wildfire risk in Tukwila is considered low, fire activity due City of Tukwila Hazard Mitigation Plan Page 7 16 Civil Disturbance Cyber Attack are several green belts, power easements, and undeveloped areas that could be prone to fire. While civil disturbance is not a common occurrence ;in Tukwila, the city regularly draws visitors in large numbers to our shopping, commercial, retail, dining, and recreation offerings, Cyber Attacks on government occur every day including DDOS and ransom demands. residential. structures, there aren't large tracts of forested land. The Department o Homeland Security has a facility in, Tukwila that has been the location of s repeated; protests in 2025. These have been manageable by existing law enforcernen and mutual resources. The Mall and surrounding commercial area are a gathering spot for hundreds of thousands of visitors, especially during the holiday season.. While no agency is 100% immune from cyber attacks, Tukwila is proactive in it's actions to prevent being victimized. existing firefighting resources. A. -barge civil disturbance could result in significant disruption to esidents, businesses,; emergency / Services, transportation and Corrimunlcations.' A large attack could disable city government and disrupt all city services. cyber to climate change is a rapidly changing body of science. Much is being learned about urban interface wildfires in communities with similar building density. Current political conditions have caused an increase in protests/marches in the area which have; been mostly,, peaceful and not rising to the level of civil disturbanc+ Future occurrences :are difficult to edict. As cyber criminals become more evolved, city defenses need to keep pace with new and novel attacks. This will. be a continual cycle of finding vulnerabilities and blocking them. 17 City of Tukwila Hazard Mitigation Plan Page 8 Hazardous Materials Incident Public Health Emergency The use and transport of ,. hazardous materials through Tukwila via road and rail allows for the potential of an accidental discharge or. spill that could impact the communit Several gas. pipelines also run through e city. Tukwila is vulnerable to the effects of a variety of public health emergencies ranging from food/water contamination to rat infestation to pandemic. Tukwila is home to transportation infrastructure that regularly carries hazardous materials (primarily rail and major highways). The City also has businesses thin the city that use and store hazardous materials. Tukwila doesn't have large health care providers in the city. However, we do experience large public gatherings for shopping, recreating, and sporting and community events. The potential Tukwila's for terrorism proximity to is ever- 1 SeaTac I st'1 present. Airport and ocation in the greater Seattle/Tacoma metropolitan area make it vulnerable to a variety of terrorism hreats, both large and -small Dependingon the size, location, and material spilled/released, a hazrnat incident in Tukwila could significantly disrupt government, commerce,` and public safety. The primary impacts from a public health emergency would be to government, our residents, businesses, and economy (as evidenced by COVID). Depending on the type of attack, the city anticipates impacts to <: government, public safety, physical security, and the environment. The City on the transporters and users of hazardous materials to comply with all safety standards, as well as the Puget Sound Regional Fire Authority to maintain response capability. The city is also reliant; on users, transporters, and spillers to work with us to mitigate, respond o, and recover om a hamat ncident. Leadership for management of a public health emergency rests with Seattle King County Public Health. The city looks to them for forecasting, prevention, mitigation, response, and recovery guidance. Tukwila PD. meets all standards for erdiction for a LE organization of it's size. The city is reliant on the Washington State Fusion Center, as well as other state, and federal partners, to provide City of Tukwila Hazard Mitigation Plan Page 9 18 in scale. Much of Tukwila lies inthe floodplain below the Howard Hanson Dam. info r ation regarding terrorism threats and supportin responding. 1 9 City of Tukwila Hazard Mitigation Plan Page 10 Hazard and Asset Overview Map(s) Hazard Areas: Tukwila King County WILV:01* M MAAMFAMAMPM MMARAMMOiMAMMAAAMMMPAAM.M.MMAA MMMAMMAAMM ****.* ao”.Ainkkv MAMMA. .*** AMMAAMMAMA MAMA. MAAMAM MM. MAMMAMVMOMMAM.maxmov. amlarn,,,twom,km Ira+ Ammemax,,,,M. MAMM*MMIAM MAMMA MAMOMMAM MMAM MMAA M *AMMitA AFMAYM AMMO. *RM. MMAAMMAIMMAMAMMAMMAJAMM. 1.14. ME AMWAY. NAM MAAMAA M AAMMAMMA. 'ARM M MAMMA. AMOMMV AMAAIMAMA AMMAMMAA MA**AMMAMA* MM. MUM Li. I* *ma U.. 43wrrea, MO IN.* ant *Wilms, IMO F41gt, MI City of Tukwila Hazard Mitigation Plan Page 11 20 City of Tukwila FEMA 100-year Floodplain (2020) S Not to Scale • Tukwtta Facility - FEMA 100 year FGaodplafn (2020) Waterbody City L"aerits Vicinity Map Disclaim - ThGbcahcn of ,,,,an -es and boundaries reference mraie and are intended frn only_ Data Is based on best Infoinahon available 21 City of Tukwila Hazard Mitigation Plan Page 12 City of Tukwila Hazard Mitigation Plan !AAA %pAon:AAu„,, t"tei Atti*"'"idttti, PAAA4 Popo' AM I PLi 0 A'4,tuttt„ tAitiAtittoltoA r ri FAVIP, Nith4 ▪ SIA00,log 100)0 t ritotet Saltine,* %NA ,itS4tomit+nt DTPIIIPP1 Flood Wolf lotroo 201r1O., 81Foot tildWtt tiopotio f.14,107 PPPPPPPP Sepjff4P-(114,1PP Rakokt DPP." Rah* Lot* A=2 Cttitttoitoteti noatt APP,PPUPP ..ntex PPP 'PP.5 kobri)CaVe 2:This map simrs philtlikil kin"( 11'ttrAr711 tr,iLic /tiro iistyl by 1lic chiffil,:c! /14( R' RI 1 RtAT ihc 176pti ailmw 6 AA AAA, ANAA City of Tukwila Bridges Not to, Scale 23 City of Tukwila Hazard Mitigation Plan Page 14 Plan Update Process Updating the Tukwila Annex to the King County Hazard Mitigation Plan took place over the course of about one year. Representatives from Tukwila Emergency Management participated in kick-off and workshop events provided by King County, promoting the county -wide survey conducted, participating in office hours and individual technical assistance provided by the KCOEM Hazard Mitigation staff. In partnership with Puget Sound Regional. Fire Authority (Fire/EMS provider for Tukwila), the city conducted an additional survey to gather feedback more specific to the PSRFA-served cities of Covington, Kent, Maple Valley, Seatac, and Tukwila. The results of both the county's survey and the PSRFA survey are incorporated into this Annex. An internal staff team was identified with the necessary subject matter expertise to oversee the process and update of the Tukwila Annex. The work began with a comprehensive review of the 2020 Tukwila Annex, as well as the recently adopted King County Hazard Mitigation Plan (2024). Due to staff turnover and governance changes, few of the staff who worked on the 2020 Annex were available to provide history or context for the previous planning efforts. The current Tukwila planning team aimed to understand the intent and provide continuity for the work done in 2020, while setting forth a fresh vision for hazard mitigation in Tukwila moving forward. The work plan was established through a series of meetings with Emergency Management, based on mitigation area and subject matter expertise. Prioritization was done in consultation with department directors and senior city leadership. Other city-wide planning efforts (including the recently completed Comprehensive Plan, Comprehensive Emergency Management Plan, Continuity of Operations Plan, and the Capital Improvement Plan Dashboard) were leveraged to inform this Annex. As outlined in other sections of this Annex, Tukwila is unique in terms of risk profile, hazards, geography, tax base, budget, development trends, socio-economic factors, and demographics. These factors influenced the final contents of this Annex and the prioritization of the projects identified. City of Tukwila Planning Team NAME 1 TITLE ORGANIZATION CONTRIBUTION Mindi Emergency City of Tukwila Mattson Manager Emergency Management Maxwell Development Dept. of Community Baker Supervisor Development Roman GIS Technology and Linsao Coordinator Innovation Services Scott Admin. Support Communications/Mayor's Kirby Coordinator j Office Will Emergency Lugo Management Administrator Sherry Levee Project I Edquid Manager/Flood Plain Manager j Tony Cullerton Planning Coordination Development Trends Hazard Maps Photographs/Logo Puget Sound Regional Fire Authority Public Works Engineering Deputy Finance Department Finance Director Fire/EMS/EM Subject Matter Expertise evee/Flood Risk/Landslide, formation Budget Information City of Tukwila Hazard Mitigation Plan Page 15 24 Public Works Facilities 2023, 2024, 2025 2025 2025 Nancy' Eklund Adam Cox Jen Tetatzin Mindy Roberts Long Range Planning Manager Transportation Public Works Engineering Project Manager D partment + Public Works Director: Fiscal Coordinator Finance Department Demographics/Comprehensive Planning Expertise Bridges/CIP Expertise Oversight of PW Staff Contributions and Project Prioritization Personnel Information Shawn t Internal Christie Operations Manager Plan Update Timeline PLANNING ACTIVITY King County Kick-off Event, Workshop, Zone 3 Presentation Meetings with internal and external subject matter experts Submission to King County for evaluation of Annex Adoption By Tukwila Council Public Outreach Events Survey Conducted by King County PSRFA Served Cities Public Survey Quarter 202E August through October 2024 City of Tukwila July/August 2024 Targeted Survey 25 City of Tukwila Hazard Mitigation Plan City -owned Facilities Expertise St TM' Participated in these events as described in the base plan. Identified participants and solicited input for plan update. Submit Tukwila Annex to KCOEM for review and comment Present Tukwila Ann to City Council for formal adoption As described in King County King County HM Residents Base Plan Cities of Residents of the Covington I Maple Valley, Cities Seatac and Tukwila promulgated a survey through octal media to solicit public input, on local/regional hazards Hazard survey mailed to every PSRFA Served All Tukwila addresses Mindi Mattson See "Planning Team" listed above. KCOEM Hazard Mitigation Planning Staff x I, Tukwila City Council Page 16 Tukwila address as part of our Hazelnut Newsletter. The city was also involved in the regional Lower Green River Corridor Flood Hazard Management Plan and the Partner Planning Committee led by the King County Flood Control District. This plan is a long-term vision for reducing risks and protecting this vital region. This plan in the future will further outline the capital investment strategy along with project implementation for the region. City of Tukwila Hazard Mitigation Plan Page 17 26 27 Tukwila Hazard Mitigation Program Hazard mitigation is an important part of a comprehensive Emergency Management planning strategy in the City of Tukwila. These efforts require the participation of subject matter experts from multiple departments in the city to properly identify local hazards and develop strategies to mitigate them. These strategies were identified prioritized using the process described in the King County base plan. The city recently adopted the 2025 Comprehensive Emergency Management Plan, which is the over -arching strategic plan for all facets of emergency management, including Prevention, Protection, Mitigation, Response and Recovery. This Hazard Mitigation Plan Annex addresses with more specificity the mitigation components of Tukwila's full -cycle planning efforts. Plan Monitoring, Implementation, and Future Updates King County leads the mitigation plan monitoring and update process and schedules the annual plan check -ins and bi-annual mitigation strategy updates. Updates on mitigation projects are solicited by the county for inclusion in the countywide annual report. As part of participating in the 2025 update to the Regional Hazard Mitigation Plan, Tukwila agrees to convene their internal planning team at least annually to review their progress on hazard mitigation strategies and to update the plan based on new data, recent disasters, changes in legislative requirement, and potential funding sources. As part of leading a countywide planning effort, King County Emergency Management will send to planning partner any federal notices of funding opportunity for the Hazard Mitigation Assistance Grant Program or any other funding opportunities that may be introduced in the future. Proposals from partners will be assessed according the prioritization process identified in this plan and the county will, where possible, support those partners submitting grant proposals. While the city does take mitigation into account in establishing funding priorities, pursuing available grant funds will be a key strategy to fund implementation of this plan. The Hazard Mitigation Plan is scheduled to be updated every five years, with the next update anticipated in 2030. The City of Tukwila will submit letters of intent to participate in the 2030 planning process convened by King County. Continued Public Participation Public participation is a foundational strategy shared by King County and its partner cities. The information developed through this Hazard Mitigation planning effort will he incorporated into outreach and public education strategies. Any capital improvement projects that are developed from this plan will include appropriate communication with residents about proposed projects, ensuring our public understands and has input into the hazards, mitigation efforts, funding, and community impacts. This will include information about local hazard mitigation efforts, as well as how local projects integrate with County, State and Federal mitigation strategies. The outreach and mitigation teams will also continue to work with media and other agency partners to publicize mitigation success stories and help explain how vulnerabilities are being addressed. When possible, the public will City of Tukwila Hazard Mitigation Plan Page 18 Plan Goals The goal of the 2025 King County Regional Hazard Mitigation Plan: Create a framework that reduces the impact and susceptibility of the identified hazards on people, property, and the environment, prioritizing historically underserved communities. This framework takes into account King County's 15 Determinants of Equity and Social Justice: ht s:/iequity--indicators- kingcounty.hub.arcgis.com/ These population -level indicators help to better understand disparities and opportunities to make a difference across the communities we serve. be given access to mitigation projects to allow community members to see the strategies in this plan brought to fruition. Hazard Mitigation Authorities, Responsibilities, and Capabilities The Hazard Mitigation Plan is one of a suite of Tukwila plans that address the over -arching needs of the city. While the following list of plans represents "stand alone" documents, they have each been developed to function in support and coordination of a comprehensive planning strategy. Plans PLAN TITLE RESPONSIBLE POINT OF CONTACT RELATIONSHIP TO HAZARD MITIGATION PLAN AGENCY Comprehensive Plan Department of Community Development Nora Gierloff, Director The Comprehensive Plan is the "blueprint" that explains the community's values and priorities to guide growth and development. The Plan reflects community involvement, technical analysis, state and regional requirements, and the judgment of decision -makers. Comprehensive Emergency Management Plan Capital Improvement Plan Emergency; agemeni Mayor's 11 flce Ptufblic Works Department Continuity o Operations Plan Surface Water, Water, Sewer, Transportation Emergency. :Management, Mayor's Office Public Works Pete Mayer, Director Jen Tetatzin, Director Pete Mayer, Director Jen Tetatzin, Director Programs, Policies, and Processes Hazard mitigation is addressed as part of the Prevention, Protection, Mitigation, Response, and Recovery scope of the CEMP. The Capital Improvement Program (CIP) is a comprehensive multi -year plan of proposed capital. projects. The plan provides an ongoing framework for identifying capital needs, scheduling projects over a period of time, coordinating related projects, and identifying future fiscal impacts. The city recently created a dashboard traching all CIP projects that is available to the public: https; pis ortal tukwilawavovortaappsciash boards/ab03a186bf5b4c799fca7d395c1777eb Availability, suitability of city facilities and cii departments' ability to function after disaster/disruption area identified in the CC)C►P Plans for surface water, water, sewer, and transportation. PROGRAM/POLICY RESPONSIBLE AGENCY POINT OF CONTACT RELATIONSHIP TO HAZARD MITIGATION PLAN Building Code/Code Enforcement Department of Community Development Nick Wagood, Building Official Local and international building codes determine the design and City of Tukwila Hazard Mitigation Plan Page 19 28 29 Emergency j Emergency Management Management Program Mayor's Office Critical Areas Department of Ordinance Community Public Works Operations Development Public Works Departments .° Entities Responsible for Hazard Mitigation Pete rer,.Dire r Nora Gierloff, Director construction standards for all projects. Creates plans and policies for the administration of all phases of emergency management. Provides regulations for wetlands, waterways, and steep slopes. Engineering, maintenance and operation of all ci infrastructure, AGENCY/ORGANIZATION POIN' RESPON SI BIL (s) Public Works Community Development Jen Tetatzin Nora Gierloff Director of Public Works Director of Community Development > . Office of the Mayor Marty Wine 1 City Administrator Emergency j Pete Mayer r Emergency m Manageent Di Manm ageent Puget Sound Regional i Will Lugo 1 Senior Emergency Manager Fire Authority National Flood Insurance Program National Flood Insurance Program Compliance What department is responsible for floodplain management in your community? Who is your co admini strator? rrunity'; le Jpos 7oodplain ion) What is the date of adoption of your flood damage prevention ordinance? When was the most recent Communit Assistance Visit or Community Assistance Contact? Does your community have any outstanding NFIP compliance violations that need to be addressed? If so, please state what they are? Do your flood hazard maps adequately address the flood risk within your ommunity?ry If so, please state why. Does your floodplain management staff need any assistance or training to support its floodplain management City of Tukwila Hazard Mitigation Plan Public Works Sherry Edquid, Levee Project Manager, Certified Flood Plain Manager 2004 ay 2022 No No known flooding has happened outside of the identified Special Flood Hazards 0 Page 20 program? If so, what type of training/assistance is needed? Does your community participate in the Community Rating System (CRS) If so, what is your CRS Classification and are you seeing to improve your rating?If not, is your community interested in joining CRS? How many Severe Repetitive Loss SRL: no (SRL) and Repetitive Loss (RL) RL: no properties are located in your jurisdiction? Has your community ever conducted ` I No an elevation or buy out of a flood- No prone property? If so, what fund source did you use? If not, are you interested in pursuing buyouts of flood proneroperties? Hazard Mitigation Strategies Below are summaries of the strategies from the 2020 Annex, as well as the proposed strategies for 2025 moving forward. These are intended to reduce vulnerabilities to hazards identified for Tukwila. The priorities for these strategies is to reduce the effect of local hazards on all existing and future built environment and infrastructure. These projects have been vetted internally be appropriate subject matter experts and reviewed by any 2020 Hazard Mitigation Strategy Status STRATEGY Bridge Boeing Access/Airport Maintenance/Improvement Boeing Access/I5 Levee Improvements ; Segale-Gunter Gaco-Western Ratolo Christensen Road Seismic Upgrades to Fire Survey and replace/retrofit all fire stations Stations 2025 Hazard Mitigation Strategies STRATEGY Facilities Tukwila Public Improvements/Relocation Works/Jen Tetatzin, Director (Shawn Christie) Tukwila Public Works/Jen Tetatzin, 1 Director (Sherry Eduid) Medium High As funding comes available As, funding comes available and partner I agencies are willing .: Completed. Control of Fire Stations transferred to PSRFA per governance change 2023 PRIORITY High High City of Tukwila Hazard Mitigation Plan Page 21 30 Bridge Improvements Hazard M Tukwila Public Works/Jen Tetatzin, Director (Adam Cox) tigation Strategy As funding comes available and partner agencies are willing Lead Points of Contact: • Jen Tetatzin (Public Works Director) • Shawn Christie (PW Internal Operations Manager) Partner Points of Contact • King County Office of Emergency Management (OEM) — Regional Coordination • Washington State Emergency Management Division (EMD) — Grants & Compliance • Public Health Seattle & King County — Shelter/ POD coordination • Seattle City Light (SCL) — Utility coordination and interconnection • American Red Cross — Shelter operations support • Tukwila Parks & Recreation — Facility operations (TCC) • Tukwila Technology and Innovation Services (TIS) — Network/Communication continuity Hazards Mitigated / Goals Addressed: Upgrade Tukwila Community Center HVAC/Generator Operations • Power loss and service interruption due to windstorms, winter storms, earthquakes, and flooding • Continuity of Operations for life safety services (heating/cooling shelter, POD, public health, animal shelter) • Resilience and equity: reliable access to heat/cooling, refrigeration, communications, and charging for community members most impacted Funding Sources and Estimated Costs • Estimated Total Cost: $1,750,000 (equipment, design, permitting, installation, commissioning, training) • Potential Funding Sources: FEMA BRIC /HMGP, WA EMD passthrough grants, King County OEM support, Department of Commerce Energy Efficiency Grants, City Capital Improvement Program (CIP), Local City funds Strategy Vision/Objective The City of Tukwila Community Center is a major hub for community activities, as well as the facility designated as a potential emergency shelter, community point of distribution, public health shelter, animal shelter, and recovery center. A permanently installed generator will ensure uninterrupted power to critical building systems during all phases of an emergency. High 31 City of Tukwila Hazard Mitigation Plan Page 22 Mitigation Strategy Design, procure, and install a permanent standby generator with automatic transfer switch (ATS) sized to support critical loads: HVAC for occupied shelter areas, refrigeration (medications/food), kitchen equipment, lighting for safe egress, IT/network, radio/charging stations, and life safety systems. Include fuel storage (or natural gas interconnect), sound attenuation, emissions compliance, and secure enclosure; update electrical panels; and integrate with facility emergency operations plans. 2-Year Objectives • Complete load analysis and generator sizing for critical circuits • Finalize site selection, permitting, and environmental review • Prepare grant applications (i.e. BRIC, HMGP, King County ) and secure matching funds Issue RFP and award design -build or design -bid -build contract 5-Year Objectives • Complete installation, commissioning, and staff training • Prepare and adopt Operations and Maintenance Plan (O&M plan) • Implement a preventive maintenance schedule and vendor support • Conduct annual shelter activation exercise using generator power Implementation Plan/Actions Long -Term Objectives: • Maintain >_ 95% generator readiness (tested monthly/annually) • Establish multi -year fuel supply contracts and parts inventories • Explore renewable integration (solar + storage microgrid) to reduce fuel use and operating cost • Phase 1 (0-12 months): Load study, design criteria, funding strategy, grant submissions, permitting • Phase 2 (12-24 months): Procurement, site prep, electrical upgrades, ATS install • Phase 3 (24-36 months): Generator install, commissioning, O&M plan, staff training, exercise • Partners: Public Works (lead), Parks & Rec/Facilities (site operations), TIS (network loads), SCL (utility), OEM/EMD (grant/admire), Red Cross (shelter), Public Health (clinical operations) Performance Measures • Coverage of critical loads: Percent (%) of prioritized circuits powered during outage (target >-90%) • Activation time: ATS transfer and shelter spin -up within 5.5 minutes • Exercise outcomes: Corrective actions closed within 90 days • Community impact: Number (#) of residents served during activation; satisfaction/after-action feedback City of Tukwila Hazard Mitigation Plan Page 23 32 Lead Points of Contact • Jen Tetatzin (Public Works Director) / Shawn Christie (Internal Operations Manager) • Public Works Partner Points of Contact The Minkler facility houses Public Works emergency response vehicles and supplies to maintain city infrastructure. Anyone who works, lives, or travels in Tukwila benefits from reliable, coordinated response capacity, and mutual aid partners benefit from a nonfloodprone staging location. Strategy Vision/Ob ective Hazards Mitigated / Goals Addressed Relocate Minkler Shops to a location with 500 year flood protection. • River flooding exposure to critical fleet/equipment and supplies • Continuity of Operations: preserve response capability during flood events • Asset protection: reduce damage, downtime, and replacement costs Funding Sources and Estimated Costs Estimated Total Cost: $30,000,000 (planning, design, permitting, construction, maintenance) • Potential Funding Sources: FEMA BRIC / HMGP, WA EMD pass -through grants, King County OEM support, City Capital Improvement Program (CIP), local match / REET Relocate Minkler Shops to higher ground outside the Green River floodplain and construct a resilient Public Works operations center with seismic design, backup power, secure storage, and all -hazards communications, ensuring uninterrupted citywide infrastructure response. Mitigation Strategy Design and build a facility that is outside the floodplain with hardened utilities; include permanent generator/ATS, fuel storage, and comms; plan phased move of equipment and inventory; decommission the Minkler site 2-Year Objectives • Finalize SEPA/NEPA/environmental review and permitting path • Finalize concept design and cost estimate • Submit grant applications and identify local match; begin property due diligence 5-Year Objectives • Demolish old T- force Buildings, complete design development, and obtain permits • Begin construction and phased transition of fleet/equipment Long -Term Objectives • Commission new facility; achieve full. operational readiness • Decommission/repurpose old site, update flood response plans and staging • Maintain preventive maintenance and resilience upgrades over lifecycle 33 City of Tukwila Hazard Mitigation Plan Page 24 Implementation Plan/Actions • Phase 1 (0-12 months): Design, environmental scoping, funding strategy • Phase 2 (12-36 months): Site demolition, design, permits, early works • Phase 3 (36-60 months): Construction, phased relocation, commissioning • Partners: Public Works (lead), Finance/Procurement (funding/contracting), King County, WA Ecology/FEMA/EMD (compliance/grants), Facilities/Real Estate, Engineering (design) Performance Measures • Flood exposure reduction: % decrease in assets located in 100-year floodplain (target:100% removal) • Operational continuity: Response KPIs during flood events (downtime hours, missed routes) • Project delivery: Major milestones met on time/on budget; grant compliance with no findings Lead Points of Contact: Adam Cox Partner Points of Contact Tukwila Public Works Maintenance and Operations and Puget Sound Fire Authority Hazards Mitigated / Goals Addressed Prioritize preventative maintenance to bridge elements. Monitor and maintain bridge conditions and make improvements as required. Funding Sources and Estimated Costs WSDOT Local Bridge Program, PSRC, and Move Ahead Washington are funding agencies for bridge projects Strategy Vision/Objective Ensure all 24 bridges in the City have a National Bridge Inventory rating for the substructure, superstructure, and deck be in satisfactory to good condition. There are a total of 16 vehicle and 8 pedestrian bridges in the City of Tukwila with two vehicle bridges being jointly owned with neighboring jurisdictions. Mitigation Strategy By studying the required routine bridge inspections, the City has implemented a Bridge Program that conducts an annual report to observe and document the current condition of both vehicle and pedestrian bridges. Results from the annual report will illustrate repair recommendations and future bridge upgrades. City of Tukwila Hazard Mitigation Plan Page 25 34 2-Year Objectives Begin the replacement of the 42nd Ave S Bridge. 5-Year Objectives Monitor bridges that require seismic upgrades and possible repairs/rehabilitation. Long -Term Objectives Maintain preventative maintenance procedures to extend the design life of the structures. Implementation Plan/Actions Analyzing the Annual City Bridge Inspection Report, City owned structures will receive prioritization of replacement, rehabilitation, and repair recommendations. Based on the 2024 report, there are a total of three bridges that require a wearing surface/deck repair/upgrades. The 42nd Ave S Bridge Replacement project is currently under design and anticipated to start construction in 2027. The project will replace a 75+ year old structure that has structural damage due to an over height freight truck strike resulting in restricting the bridge to one way traffic. The project currently has local, state, and federal funding grants to complete the replacement. Performance Measures The bridges in the City will continue to be inspected and analyzed for future repairs to extend the life of the structures. Lead Points of Contact Sherry Edquid Partner Points of Contact King County Flood Control District Hazards Mitigated / Goals Addressed Upgrading levees to provide 500 year flood protection and repairing the Fort Dent Levee. Funding Sources and Estimated Costs King County Flood Control. District Strategy Vision/Objective Update and improve the following levees: Tukwila 205, Tukwila South and Desimone through new floodwalls and setback or raising of the existing earthen levees to protect the City of Tukwila by raising these levees to 500-year flood. protection plus 3 feet of freeboard. . Repair a portion of the Fort Dent Levee where the bank has eroded and setback the levee. Note: This is just a repair and will not add additional flood protection. 35 City of Tukwila Hazard Mitigation Plan Page 26 Mitigation Strategy By prioritizing the Tukwila 205 Levee improvements in an upstream to downstream direction, the percent of landprotected steadily increases over time. If construction were to instead progress downstream to upstream, levee failure could occur upstream of newly raised levees, and therefore flood the land area behind the improved levee section. For alternative analysis, design, and construction prioritization, the Tukwila 205 Levee has been divided into three main segments that correspond with the three Tukwila capital improvement projects identified in the Green River SWIF, then with further subdivision of each of these segments into two or three smaller subsegments. Prioritization is also informed by prior analyses of the existing Tukwila 205 Levee system that evaluated Green River water surface elevations and levee overtopping risk, scour, and geotechnical levee stability. The King County Flodd Control District is beginning design on the Desimone Levee which was previously damaged. In the meantime there is an emergency action plan in place should the Auburn USGS gage reach 10,000 cfs. 2-Year Objectives Repair and setback the Fort Dent Levee. Certify the Tukwila 205 Levee with FEMA. 5-Year Objectives Upgrade and setback the Gunter and Desimone Levee Long -Term Objectives Upgrade the Ratolo upper, middle and lower levees and Christensen Road levee Implementation Plan/Actions The City of Tukwila sent a letter to the King County Flood Control District (FCD) on May 1, 2019 and requested that FCD include budgets to reconstruct the Tukwila 205 levees within the next ten (10) years based on NHC report findings that the majority of the levee system in its current condition cannot be accredited to provide 100-year flood protection. However, the SQRA by the Army Corps of Engineers did recommend accreditation of the levee which the City is currently pursuing certifying the levee with FEMA. The existing Tukwila 205 Levee must be updated and improved through new floodwalls and setback or raising of the existing earthen levees to protect the City of Tukwila from flooding. The Green River System -Wide Improvement Framework (SWIF) declared the level of protection standard as the 500-year flood event plus three feet of freeboard. As important as the freeboard standard, the levees also must meet factors of safety for geotechnical stability under a variety of conditions including flood induced scour, drawdown, and seismic events. The proposed priority sequence for construction of these flood protection improvements generally starts at the upstream end of the Tukwila 205 Levee, near river mile 16.7, and then proceeds downstream to near river mile 12.4 (see previous map). Upstream of the Tukwila 205 Levee, near South 200th Street, there are existing levees that currently provide 100-year level of flood protection (this includes the Frager Lowest Levee between the Tukwila 205 Levee and South 200th Street). The Tukwila 205 Levee will tie into these 200th Street levees, which also need to be improved in order to provide 500-year event plus three feet City of Tukwila Hazard Mitigation Plan Page 27 36 Performance Measures Have our levees meet the protection standard. 37 City of Tukwila Hazard Mitigation Plan Page 28 City of Tukwila Thomas McLeod, Mayor Marty Wine, City Administrator AGENDA BILL ITEM NO. 4.C. Agenda Item Sponsor Legislative History Professional services contract: Public Sector Personnel Consultants TC Croone Human Resources January 12, 2026 Committee of the Whole January 26, 2026 Special Meeting Recommended Motion ❑ Discussion Only © Action Requested MOVE TO Authorize Mayor to execute proposed contract. EXECUTIVE SUMMARY Resolution 1951 requires the City to conduct a market classification and compensation study for non - represented employees in odd calendar years. In addition, during the most recent negotiation session with Teamsters 763, the City agreed to complete a comprehensive market classification and compensation study for the bargaining unit. A one-year rollover of the labor agreement was approved, which included moving the compensation study due date from October 31, 2025 to June 30, 2026. DISCUSSION The proposed Professional Services Agreement with PSPC establishes the scope of services, expected deliverables, contract duration, and payment provisions for completing the City's classification and compensation study. Staff are available to provide additional details or respond to any questions the Committee may have about the agreement. FINANCIAL IMPACT Complete for all items requiring City expenditure Disclaimer: Final terms and scope of work subject to review by the Cty Attorney © Budgeted ❑ Unbudgeted ❑ Grant -Funded Expenditure Required: Fund Source: $122,500 General Fund Contractor Public Sector Personnel Consultants (PSPC) Scope of Work Market classification and compensation study for non -represented and Teamsters 763 represented employees Amount Not to exceed $122,500 Duration June 30, 2026 Additional Comments: ATTACHMENTS Public Sector Personnel Consultants Contract 38 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: PROFESSIONAL SERVICES AGREEMENT (Includes consultants, architects, engineers, accountants, and other professional services) THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and Public Sector Personnel Consultants Inc., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform Classification and Compensation Study for non -represented and Teamsters 763 services. 2. Scope of Services. The Consultant agrees to perform the services, identified Consultant's proposal attached hereto and incorporated by this reference, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending June 30, 2026, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than June 30, 2026, unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $122,500 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 39 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7 Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA revised May 2020 Page 2 40 4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. City Full Availability of Consultant Limits. If the Consultant maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Consultant irrespective of whether such limits maintained by the Consultant are greater than those required by this Contract or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Consultant. C. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Upon request by the City, the Consultant shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. CA revised May 2020 41 Page 3 11. Discrimination Prohibited. Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days' written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Public Sector Personnel Consultants Inc. Matthew Weatherly, President 2824 N. Power Road #113-486 Mesa, AZ 85215 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. CA revised May 2020 Page 4 42 DATED this day of , 20 CITY OF TUKWILA Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Andy Youn, City Clerk APPROVED AS TO FORM: Office of the City Attorney CONSULTANT: By: Printed Name: Title: CA revised May 2020 43 Page 5 Exhibit A Scope of Work 1. Market Surveys and Compensation Plan for All Employees. Develop a comprehensive, market - based, total cost of compensation plan that aligns with Council -adopted policy for non - represented and represented positions based on an objective analysis and evaluation of individual job content. Ensure that the proposed compensation plan addresses total salaries and benefits, including the total compensation package of insurance and other benefits. Total compensation may also include paid leave, pay differentials, retirement plans, bonuses, recruitment and retention incentives, take-home vehicles, vehicle allowances, performance pay, and more. Recommendations must be competitive with the market and intended to attract and retain qualified employees. The plan must also take into account compression caused by the effect of contractual agreements with represented employees. The plan must consider applicable Collective Bargaining Agreements (CBAs) to ensure compliance, equity, parity, and eliminate compression between represented and non -represented employees. 2. Provide recommendations for Teamsters 763 classifications and salaries no later than 4 weeks prior to the contractually obligated date of June 30, 2026. 3. Job Audits. Perform detailed job audits (preferably in -person) of all positions and draft up-to- date, accurate class specifications to uniformly reflect distinguishing characteristics, essential job functions, minimum qualifications, working conditions, license requirements, regulatory requirements, desired qualifications. In addition, recommend, if appropriate, classification series and levels within the series (i.e., 1/11/III, Senior/Lead). Confirm the organizational structure and essential functions of each position. The job audits must include the input of Human Resources, employees and supervisors, and use data collected from previous classification and compensation studies, recent reclassifications, and recommend compensation and class specification placement. 4. Updated Job Classifications. Review and revise existing job classifications and recommend an appropriate classification for each position; recommend and establish a City-wide job classification structure. Evaluate and determine FLSA status for each position based on current Federal and State regulations. Provide written documentation of these recommendations. 5. Updated Salary Schedules. Conduct a thorough market compensation survey for all positions and recommend appropriate salary ranges based on the market survey results, internal relationships, compression, and pay equity. Use market comparison parameters for positions as defined in City of Tukwila Compensation Guidelines. Provide a summary of suggestions to place all studied positions to the appropriate classification and pay rate, including positions that are currently vacant. If a new salary schedule is proposed, provide the new table with a summary and justification based upon data obtained during the survey. 6. Appeals Process. Create and manage, together with Human Resources, a transparent appeals process allowing written or verbal responses and meeting with non -represented and represented staff to summarize and explain decisions and the results. 7. Financial projections. Provide financial projection reports and data in a 6-year horizon to determine implementation costs over time and evaluate the sustainability of recommendations. 44 8. Implementation Support. Provide specific job audit and evaluation tools and guidance for HR's future use in maintaining the pay equity, internal parity, and external competitiveness of the market -based classification and total -cost -of -compensation system. 9. Final Report. Prepare a comprehensive written report to include the following: a. Analysis of results of the data from the external market survey to include information showing the salary relationship to other like organizations and identifying impacts and possible issues regarding internal equity. b. Discussion of methods, techniques and data used to develop the market -based classification and compensation system. c. Recommendations and supporting data for making alternate wage comparison calculations, such as using weighted average salaries. d. Recommendations regarding other pay practices consistent with market findings. e. Recommendations for best practices to choose criteria to determine comparable markets in the public sector (population, assessed valuation, with police agency). f. Recommendations for appropriate market compensation implementation measures that the City will need to take to include guidance on how to address positions identified above or below market value. g. Recommendations on the percentage of market match to guide parameters of how to assess competitiveness and address positions identified above or below market value. h. Analysis and recommendations regarding performance -based pay (merit, bonus incentive or other) in the public sector and how these programs work to attract, reward, and retain employees. Anticipated activities under the contract are expected to include: • Bi-monthly updates to leadership groups to include written reports on the methodology and goals of the study and potential outcomes. • Presentation of findings, recommendations, and anticipated costs of implementation to the Mayor, City Administrator, Leadership Team, per the timeline outlined below. • Providing ongoing, ad -hoc support to HR in the implementation of the recommendations through Q4 2026. • Meeting or exceeding the expectations of the following project timeline. 45 Tentative Projec Timeline (Revised) Week 1: February 2, 2026 • Project kickoff with Human Resources; review scope, timeline, and communication cadence • Review previous reclassification decisions and prior study data • Establish weekly meetings and bimonthly update schedule • Review policies to ensure adherence to scope of project: city compensation policy, all bargaining agreements including Teamsters 763 CBA, organization charts Week 2: February 9, 2026 • Determine a list of roles for job audits, employees in the roles (if applicable), and supervisors • Determine comparator agencies, cities, etc. per city compensation policy • Determine tentative schedule for introduction of project to Senior Leadership Team, Directors Group, and City Council • Determine tentative schedule for introduction of project to supervisors and employees • Gather class specs and salary information • Begin gathering comparator agency data Week 3: February 16, 2026 • Analyze previous reclassification decisions and prior study data • Schedule job audits with HR, supervisors, and employees • Launch internal classification review Week 4: February 23, 2026 • Conduct in -person job audits with HR, supervisors, and employees • Incorporate prior reclass decisions and historical audit data • Begin internal equity and classification parity analysis • Tentative introduction of project to City Council during Committee of the Whole meeting Week 5: March 2, 2026 • Provide first bimonthly written update to employees and supervisors • Provide first monthly updates to Senior Leadership, Directors, and City Council • Begin initial FLSA review for all non -represented classifications Week 6: March 9, 2026 • Final round of job audits (if needed) • Begin internal review of audit findings 46 • Evaluate potential class series (1/11/111, Lead/Senior roles) Week 7: March 16, 2026 • Begin drafting revised job specifications • Start developing salary range methodology from market findings • Continue gathering comparator agency data Week 8: March 23, 2026 • Deliver second bimonthly update to employees and supervisors • Finalize appeal tools and employee guidance materials • Begin documenting methodology for inclusion in final report • Provide monthly update to Senior Leadership and Directors • Tentative update to City Council during regular meeting Week 9: March 30, 2026 • Review compression data and CBA implications • Finalize list of comparator agencies per city compensation policy Week 10: April 6, 2026 • Complete all market survey data collection • Start drafting updated job class specifications based on audit results Week 11: April 13, 2026 • Provide bimonthly update • Finalize classification series and proposed job groupings • Final in -person audit follow-ups (if necessary) Week 12: April 20, 2026 • Present preliminary salary range recommendations to Human Resources • Begin six -year cost modeling and implementation scenario planning • Start CBA salary structure crosswalk review Week 13: April 27, 2026 • Finalize FLSA determinations and documentation • Submit pay strategy recommendations • Schedule initial appeal information sessions for employees • Provide monthly update to Senior Leadership, Directors, and City Council 47 Week 14: May 4, 2026 • Provide bimonthly update to employees and supervisors • Submit revised market survey and salary findings • Review internal pay compression data for final adjustments Week 15: May 11, 2026 • Finalize revised class specifications and series language • Align positions with new structure • Develop initial salary allocation proposal Week 16: May 18, 2026 • Finalize salary range alignment and classification placements • Review implementation models with executive leadership • Begin writing final report Week 17: May 25, 2026 • Delivery of employee and supervisor update • Submit finalized job specifications and market alignment data • Begin drafting formal appeals process Week 18: June 1, 2026 • Provide six -year implementation cost projections • Launch formal appeals window • Finalize formatting of final report • Provide monthly update to Senior Leadership, Directors, and City Council Week 19: June 8, 2026 • Close employee appeal intake • Finalize CBA compliance checks and parity reviews • Finalize FLSA status summaries Week 20: June 15, 2026 • Submit Teamsters 763 recommendations (due June 30, 2026) • Deliver bimonthly update to employees and supervisors • Finalize internal compression and equity report 48 Week 21: June 22, 2026 • Complete all staff appeal meetings • Summarize appeal outcomes and distribute decisions • Complete implementation plan with final cost model Week 22: June 29, 2026 • Present final report and recommendations to Senior Leadership, Directors, and City Council • Submit final written report and documentation • Ensure all appeals are closed and documented • Project closeout and feedback 49 Exhibit B The Consultant agrees to complete the project in accordance with an agreed -upon timeline for the Classification, Wage, and Compensation Study, for a total contract amount not to exceed $122,500. The City agrees to compensate the Consultant for work performed on the Project, as demonstrated by submission of invoices, according to the following payment schedule: $5,000 upon execution of the contract; up to sixty percent (60%) of the remaining contract amount upon submission of the draft report; and the remaining balance upon submission and acceptance of the final report. 50 City of Tukwila Thomas McLeod, Mayor Marty Wine, City Administrator AGENDA BILL ITEM NO. 4.D. Agenda Item NeoGov Services Contract Sponsor TC Croone, Chief People Officer Mayor's Office Legislative History January 12, 2026 Committee of the Whole January 26, 2026 Special Meeting Recommended Motion ❑ Discussion Only ❑x Action Requested MOVE TO Authorize Mayor to execute proposed contract EXECUTIVE SUMMARY Human Resources is requesting Council to review and concurrence to advance the NeoGov contract to a Special Council Meeting for approval. DISCUSSION NeoGov supports several mission -critical Human Resources processes, including recruitment, onboarding, performance evaluations, benefits administration, and training. These systems are actively used by HR staff, hiring managers, supervisors, and employees citywide. As part of a review of contracts and invoices, Human Resources identified that Council approval had not been obtained for the most recent renewal and expanded scope. HR has since worked with Finance and Administration to clarify contract status and ensure that future renewals and payments are appropriately authorized. Bringing this item to Committee allows for a review the contract history, scope of services, and associated costs, and provides a clear path to regularize the agreement through Council action. Advancing the contract for approval also supports continuity of services and mitigates risk related to system access, data management, and HR operations. FINANCIAL IMPACT Complete for all items with fiscal implications Disclaimer-. Final terms and scope of work subject #o review by the City Attorney ❑M Expenditure - Budgeted ❑ Expenditure - Unbudgeted ❑ Expenditure - Grant -Funded ❑ Revenue — One -Time (e.g. asset sale, surplus equipment) ❑ Revenue - Ongoing Expenditures: Fund Source: $150,000 per year for 3 years Revenues(if applicable): General fund $N/A Contractor (if applicable) NeoGov Scope of Work Software to support core Human Resources functions including recruitment/onboarding, performance management, benefits administration, and eLearning. 51 Amount Not to exceed $150,000 annually Duration 3 years through December 16, 2026 Additional Comments: N/A ATTACHMENTS NeoGov Services Contract https://tukwilawa.sharepoint.com/sites/CC2/CC Docs/2026 COUNCIL MTGS/2026 Agenda Packets/2026-01-12 Council Packet - COW & Special/Agenda Bill_NeoGov Services Contract.docx 52 Digital Manage SERVICES AGREEMENT V011025 A You agree that by placing an order through a NEOGOV standard ordering document such as an "Order Form", "Service Order," "Ordering Document," "SOW" or other document mutually agreed by the parties detailing the services, pricing and subscription term (each, an "Order Form" for purposes of this Agreement), you agree to follow and be bound by the terms and conditions set forth herein. "Governmentjobs.com", "NEOGOV", "we", and "our" means Governmentjobs.com, Inc. (D/B/A/ NEOGOV), for and on behalf of itself and its subsidiaries PowerDMS, Inc., Cuehit, Inc., Ragnasoft LLC (D/B/A/ PIanIT Schedule), and Design PD, LLC (D/B/A Agency360) (collectively, "NEOGOV" and, where applicable, its other affiliates; "Customer", "you", "your" means the NEOGOV client, customer, and/or the subscriber identified in the Order Form). "Services Agreement" or the "Agreement" shall be used to collectively refer to this NEOGOV Services Agreement, documents incorporated herein including the applicable Order Form, each Addendum (as applicable), and Special Conditions (if any). "Addendum" means each Addendum set forth either as an Exhibit hereto or otherwise made available at https://www.neogov.com/service-specifications (the "NEOGOV Site") and, as applicable, made a part of this Agreement. "Special Conditions" means individually negotiated variations, amendments and/or additions to this Service Agreement of which are either drafted, or incorporated by reference, into the Order Form. I. Provision of Services. Subject to the terms of this Agreement NEOGOV hereby agrees to provide Customer with access to its SaaS Applications and Professional Services (each defined below) included or ordered by Customer in the applicable Order Form (collectively referred to as the "Services"). In addition, to the extent NEOGOV provides Customer with access to additional NEOGOV software in order to access Customer Data (as defined below) or otherwise enhance product implementation or functionality, Customer's use of such software will be deemed to be part of the Services and the terns and conditions of this Agreement shall apply. Customer hereby acknowledges and agrees that NEOGOV's provision and performance of, and Customer's access to, the Services is dependent and conditioned upon Customer's full performance of its duties, obligations and responsibilities hereunder. This Agreement entered into as of the earlier of: (i) date of your signature on an applicable Order Form; or (ii) use of the Services commences (the "Effective Date"). The Agreement supersedes any prior and contemporaneous discussions, agreements or representations and warranties. 2. SaaS Subscription. a) Subscription. Grant. "SaaS Applications" means each proprietary NEOGOV web -based software -as -a -service application that may be set forth on an Order Form and subsequently made available by NEOGOV to Customer, and associated components as described in any written service specifications made available to Customer by NEOGOV (the "Service Specifications"). Subject to and conditioned on Customer's and its Authorized Users' compliance with the terms and conditions of this Agreement, NEOGOV hereby grants to Customer a limited, non-exclusive, non -transferable, and non- sublicensable right to (i) onboard, access and use, and to permit Authorized Users to onboard, access and use, the SaaS Applications specified in the Order Form solely for Customer's internal, non-commercial purposes; (ii) generate, print, and download Customer Data as may result from any access to or use of the SaaS Applications; and (iii) train Authorized Users in uses of the SaaS Applications permitted hereunder (these rights shall collectively be referred to as the "SaaS Subscription"). "Authorized Users" means (1) Customer employees, agents, contractors, consultants ("Personnel") who are authorized by Customer to access and use the Services under the rights granted to Customer pursuant to this Services Agreement and (2) for whom access to the Services has been purchased hereunder. You shall not exceed the usage limits (if any) as detailed in the user tier in the applicable Order Form. You may not access the SaaS Applications if you are a direct competitor of NEOGOV or its affiliates. In addition, you may not access the SaaS Applications for purposes of monitoring their availability, performance, or functionality, or for any other benchmarking or competitive purposes. You shall be responsible for each Authorized User's access to and use of the SaaS Applications and compliance with applicable terms and conditions of this Agreement. b) Subscription Term. Unless otherwise specified in an applicable Order Fonn, SaaS Subscriptions shall commence on the Effective Date and remain in effect for twelve (12) consecutive months, unless terminated earlier in accordance with this Agreement (the "Initial Term"). Thereafter, SaaS Subscriptions may be renewed no less than sixty (60) days prior to the expiration of the then -current term by mutual written agreement between the parties for successive twelve (12) months terms (each a "Renewal Term" and together with the Initial Term, collectively, the "Term"). The Term for the Services is a continuous and non -divisible commitment for the full duration regardless of any invoice schedule. The purchase of any Service is separate from any other order for any other Service. Customer may purchase certain Services independently of other Services. Your obligation to pay for any Service is not contingent on performance of any other Service or delivery of any other Service. 3. Customer Responsibilities. 53 Digital Manage A a) Managing the Subscription. Customer may use the Service in a manner consistent with the terms of this Agreement. Customer will provide NEOGOV all information needed to process the Order Fonn to activate the subscription and provision the Service to the Customer. b) Managing Authorized Users. Customer is responsible for managing the Authorized Users on its account on the Service. i) Invitations and Permissions. Customer is responsible for determining which persons to invite to join the Customer's account on the Service and for all actions by Authorized Users on Customer's account on the Service. Customer is solely in control of the individual permissions on the Customer's account. ii) Customer Obligations. Customer must: (A) obtain any rights, permissions, or consents that are necessary for the Authorized User's lawful use of Customer Data and the operation of the Service; (B) ensure that the transfer and processing of Customer Data under the Agreement is lawful; and (C) respond to and resolve any dispute with an Authorized User relating to or based on Customer Data, the Service, or Customer's failure to fulfill its obligations under the Agreement or applicable law. Customer will not, and will ensure its Authorized Users do not (a) make any of the Services available to anyone other than Authorized Users or use any Services for the benefit of anyone other than Customer and its Authorized Users, unless otherwise agreed in writing by the parties, (b) sell, resell, license, sublicense, distribute, make available, rent or lease any of the Services, or include any of the Services in a service bureau or outsourcing offering, unless otherwise agreed in writing by the parties, (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of the privacy rights, publicity rights, copyright rights, or other rights of any person or entity, (d) use the Services to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs and Trojan horses, (e) interfere with or disrupt the integrity or performance of the Services (including, without limitation, activities such as security penetration tests, stress tests, and spamming activity), (f) attempt to gain unauthorized access to the Services or its related systems or networks, (g) disassemble, reverse engineer, or decompile the Services, or modify, copy, or create derivative works based on the Services or any part, feature, function or user interface thereof, (h) remove the copyright, trademark, or any other proprietary rights or notices included within NEOGOV Intellectual Property and on and in any documentation or training materials, or (i) use the Services in a manner which violates the terms of this Agreement, any Order Form or any applicable laws. 4. Professional Services. "Professional Services" shall mean professional services purchased by Customer as detailed in an applicable Order Form or NEOGOV Scope of Work (SOW) describing the work to be performed, fees, and any applicable milestones, dependencies, and other technical specifications or related information. Professional Services include training, set-up, implementation, and best practices of and concerning the SaaS Applications. Professional Services are subject to the terms of the Professional Services Addendum made available on the NEOGOV Site and made a part hereof and may be subject to additional terms pursuant to an SOW and Service Specifications describing, if applicable, the work to be performed, fees, and any applicable milestones, dependencies, and other technical specifications or related information. Order Forms or SOWs must be signed by Customer before NEOGOV shall commence work. If Customer executes a separate SOW that is mutually agreed to in writing, this SOW shall control in the event of a conflict with the terns of this Agreement and documents incorporated herein (including but not limited to the Professional Services Addendum). 5. Payment Terms. a) Fees. Customer shall pay all Subscription, Onboarding and Set -Up fees ("Subscription Fees") and Professional Service fees ("Professional Service Fees", collectively the "Fees") as set forth in an Order Form within thirty (30) days of the date of NEOGOV's invoice. Fees shall be invoiced annually in advance and in a single invoice for each Term. Unless explicitly stated otherwise in an Order Form, all payments due under an Order Form are expressed in and shall be paid in U.S. dollars. Invoices shall be delivered to the stated "Bill To" party on the Order Form. Unless explicitly provided otherwise, once placed the Order Form is non -cancellable and sums paid nonrefundable. Any invoiced amount that is not received by NEOGOV when due as set forth in an Order Form will be subject to a late payment fee of 1.5% per month or the maximum rate permitted by law, whichever is lower. If any amount owing by Customer is more than 30 days overdue, NEOGOV may, without limiting its other rights and remedies, suspend the Services until such amounts are paid in full. If Subscription Fees are based upon the Authorized User or employee count as may be specified in an Order Form, Customer shall owe NEOGOV supplemental Subscription Fees to the extent Customer exceeds the number of Authorized Users or employees set forth in the Order Form. Except as otherwise specifically stated in the Order Form, NEOGOV may change the charges for the Services with effect from the start of each Renewal Term by providing Customer with new pricing at least thirty (30) day notice prior to commencement of a Renewal Term. The new pricing shall be deemed to be effective if Customer (a) returns an executed Order Form to NEOGOV, or (b) remits payment to NEOGOV of the fees set forth in the invoice referencing the new pricing, or (c) the Customer or any of its Authorized Users access or use the Services after the expiration of the previous Term.. 2 54 Digital Manage A b) Taxes. Customer will pay all taxes, duties and levies imposed by all federal, state, and local authorities (including, without limitation, export, sales, use, excise, and value-added taxes) based on the transactions or payments under this Agreement, except those taxes imposed or based on NEOGOV's net income or those exempt by applicable state law. Customer shall provide NEOGOV with a certificate or other evidence of such exemption within ten (10) days after the Effective Date of this Agreement and thereafter upon NEOGOV's request therefor. c) Purchase Orders. Any reference to a purchase order in an Order Form or any associated invoice is solely for Customer's convenience in record keeping, and no such reference or any delivery of services to Customer following receipt of any purchase order shall be deemed an acknowledgement of or an agreement to any terms or conditions referenced or included in any such purchase order. If a purchase order is delivered by Customer in connection with the purchase of Services, none of the terns and conditions contained in such purchase order shall have any effect or modify or supersede the teens and conditions of this Agreement. NEOGOV's failure to object to terms contained in any such purchase order shall not be a waiver of the terms set forth in this provision or in this Agreement. 6. Term and Termination. a) Term. This Agreement shall commence on the Effective Date and shall remain in effect until all SaaS Subscriptions have expired and/or both parties have achieved full performance of Professional Services, unless it is terminated earlier in accordance with this Agreement. b) Termination for Cause; Effect of Termination. Either Party may terminate this Agreement immediately if the other is in material breach of this Agreement and such breach is not cured within thirty (30) days following non -breaching party's written specification of the breach. NEOGOV may suspend the Services or terminate this Agreement immediately in the event the Services or Customer's use of the Services provided hereunder pose a security risk to the Services, NEOGOV or any third party, or become illegal or contrary to any applicable law, rule, regulation, or public policy. Upon expiration or any termination of this Agreement, Customer shall cease all use and refrain from all further use of the Services and other NEOGOV Intellectual Property. Additionally, Customer shall be obligated to pay, as of the effective date of such expiration or termination, all amounts due and unpaid to NEOGOV under this Agreement. In the event termination is due to NEOGOV's uncured breach, NEOGOV will prorate the amount due based on the number of months the service was available. Unless otherwise specified, following 90 days after expiration or termination of the Agreement NEOGOV may remove Customer Data from NEOGOV Services and without Customer consent or notice. 7. Audit Rights. Upon reasonable notice, NEOGOV or its agent shall have the right to audit Customer's records relating to its compliance with this Agreement. Customer shall cooperate fully with this audit. If any audit conducted under this Section indicates that any amount due to NEOGOV was underpaid, Customer shall within three (3) business days pay to NEOGOV the amount due. All expenses associated with any such audit shall be paid by NEOGOV unless the audit reveals underpayment in excess of five percent (5%), in which case Customer shall pay such expenses as well as any amount due to NEOGOV. 8. Maintenance; Modifications; Support Services. a) Maintenance, Updates, Upgrades. NEOGOV maintains NEOGOV's hardware and software infrastructure for the Services and is responsible for maintaining the NEOGOV server operation and NEOGOV database security. NEOGOV may in its sole discretion, periodically modify, Update, and Upgrade the features, components, and functionality of the Services during the Term. "Update" means any update, bug fix, patch or correction of the Services or underlying NEOGOV software that NEOGOV makes generally available to its customers of the same module, excluding Upgrades. Updates are automatic and available upon Customer's next login to the Services following an Update at no additional cost to Customer. "Upgrade" means any update of the Services or underlying NEOGOV software such as platform updates, and major product enhancements and/or new features that NEOGOV makes commercially available. NEOGOV shall have no obligation to provide Upgrades to customers and retains the right to offer Upgrades free of cost or on a per customer basis at additional cost. NEOGOV shall have no liability for, or any obligations to, investments in, or modifications to Customer's hardware, systems or other software which may be necessary to use or access the Services due to a modification, Update, or Upgrade of the Services. b) Program Documentation; Training Materials. "Program Documentation" shall mean all user guides, training, and implementation material, and Service descriptions provided by NEOGOV to Customer in connection with the Services. NEOGOV hereby grants to Customer a non-exclusive, non-sublicensable, non -transferable license to use, print, and distribute internally via non-public platforms, the Program Documentation during the Term solely for Customer's internal business purposes in connection with its use of the Services. Primary training of NEOGOV Services is conducted by self - review of online materials. NEOGOV's pre -built, online training consists of a series of tutorials to introduce the standard features and functions (the "Training Materials"). The Training Materials may be used as reference material by Customer Personnel conducting day-to-day activities. 3 55 Digital Manage A c) Implementation. For Services requiring implementation, NEOGOV implementation supplements the Training Materials and is conducted off -site unless otherwise agreed in the Order Form. For an additional fee as detailed on an applicable Order Form, NEOGOV personnel will provide consultation on best practices for setting up the Services, answer Customer questions during the implementation period, and use commercially reasonable efforts to ensure Authorized User Admins grasp the system. The length of the implementation time is dependent on the type of Service and the Customer's responsiveness. NEOGOV is not responsible or liable for any delay or failure to perform implementation caused in whole or in part by Customer's delay in performing its obligations hereunder and, in the event of any such delay, NEOGOV may, in its sole discretion, extend all performance dates as NEOGOV deems reasonably necessary. d) Support. Phone support for the Services is available to Customer Monday through Friday, excluding NEOGOV holidays. Customer may submit a request for online support for the Services 24 hours a day, seven days a week, and the NEOGOV support desk will acknowledge receipt of the request within a reasonable time. The length of time for a resolution of any problem is dependent on the type of case. e) Limitations. Unless otherwise specified in the Order Form, this Agreement does not obligate NEOGOV to render any maintenance or support services that are not expressly provided herein, including, but not limited to data uploads, manual data entry, migration services, data conversion, refinement, purification, reformatting, SQL dump, or process consultation. 9. NEOGOV Intellectual Property Rights. a) NEOGOV shall exclusively own all right, title and interest in and to all pre-existing and future intellectual property developed or delivered by NEOGOV including all Services, products, systems, software (including any source code or object code) or Service Specifications related thereto, Updates or Upgrades, trademarks, service marks, logos and other distinctive brand features of NEOGOV and all proprietary rights embodied therein (collectively, the "NEOGOV Intellectual Property"). This Agreement does not convey or transfer title or ownership of the NEOGOV Intellectual Property to Customer or any of its users. All rights not expressly granted herein are reserved by NEOGOV. Other than recommendation use or as required by law, all use of NEOGOV trademarks must be pre -approved by NEOGOV prior to use. Trademarks shall include any word, name, symbol, color, designation or device, or any combination thereof that functions as a source identifier, including any trademark, trade dress, service mark, trade name, logo, design mark, or domain name, whether or not registered. b) Customer may, but is not obligated to, provide NEOGOV with suggestions, ideas, enhancement requests, or other feedback ("Feedback"). If Customer provides any such Feedback to NEOGOV, Customer hereby grants NEOGOV a nonexclusive, perpetual, irrevocable, royalty -free license to use all Feedback for any purpose. Feedback is provided to NEOGOV on an "as -is" basis without warranties of any kind. 10. Data Processing and Privacy. a) Customer Data. "Customer Data" shall mean all data that is owned or developed by Customer, whether provided to NEOGOV by Customer or provided by a third party to NEOGOV in connection with NEOGOV's provision of Services to Customer, including Personnel data collected, loaded into, or located in Customer data files maintained by NEOGOV. NEOGOV Intellectual Property, including but not limited to the Services and all derivative works thereof, NEOGOV Confidential Information, and Platform Data do not fall within the meaning of the term "Customer Data". Customer exclusively owns all right, title, and interest in and to all Customer Data. Customer grants NEOGOV a license to host, use, process, display, create non -personal derivative works of, and transmit Customer Data to provide the Services. NEOGOV reserves the right to delete or disable Customer Data stored, transmitted or published by Customer using the Services upon receipt of a bona fide notification that such content infringes upon the intellectual property rights of others, or if NEOGOV otherwise reasonably believes any such content is in violation of this Agreement. b) Platform Data. "Platform Data" shall mean any anonymized data reflecting the access to or use of the Services by or on behalf of Customer or any user, including statistical or other analysis and performance information related to the provision and operation of the Services including any end user visit, session, impression, clickthrough or click stream data, as well as log, device, transaction data, or other analysis, information, or data based on or derived from any of the foregoing. NEOGOV shall exclusively own all right, title and interest in and to all Platform Data. Customer acknowledges NEOGOV may compile Platform Data based on Customer Data input into the Services. Customer agrees that NEOGOV may use Platform Data to the extent and in the manner permitted under applicable law. Such anonymized data neither identifies Customer or its users, nor can Customer or any its users can be derived from such data. 4 56 Digital Manage A c) Data Processing Agreement. The parties agree that the terms of the NEOGOV Data Processing Addendum ("DPA") made available on the NEOGOV Site is hereby incorporated herein by reference and made part of this Agreement and governs NEOGOV's processing of Personal Data. d) Data Responsibilities. i) NEOGOV will maintain commercially reasonable administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of the Customer Data. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of Customer Data by NEOGOV personnel except (a) to provide the Services and prevent or address service or technical problems, (b) as compelled by applicable law, or (c) as Customer expressly permits in writing. Customer acknowledges and agrees that it is commercially reasonable for NEOGOV to rely upon the security processes and measures utilized by NEOGOV's cloud infrastructure providers. Customer is solely responsible for the development, content, operation, maintenance, and use of Customer Data, including but not limited to compliance with applicable laws. NEOGOV will have no responsibility or liability for the accuracy of the Customer Data prior to receipt of such data into the Services. Without limiting the foregoing, Customer shall be solely responsible for and shall comply with all applicable laws and regulations relating to (a) the accuracy and completeness of all information input, submitted, or uploaded to the Services, (b) the privacy of users of the Services, including, without limitation, providing appropriate notices to and obtaining appropriate consents from any individuals to whom Customer Data relates; and (c) the collection, use, modification, alteration, extraction, retention, copying, external storage, disclosure, transfer, disposal, and other processing of any Customer Data. NEOGOV is not responsible for lost data caused by the action or inaction of Customer or Authorized Users. Unless otherwise mutually agreed in writing, Customer shall not maintain any financial, health, payment card, or similarly sensitive data that imposes specific data security or data protection obligations within the Services. Customer shall provide and institute all appropriate tools and procedures required to ensure the security of its own information system and, more specifically, to prevent, detect and destroy the occurrence of any viruses. e) Breach Notice. NEOGOV will notify Customer of unauthorized access to, or unauthorized use, loss or disclosure of Customer Data within its custody and control (a "Security Breach") within 72 hours of NEOGOV's confirmation of the nature and extent of the same or when required by applicable law, whichever is earlier. Each party will reasonably cooperate with the other with respect to the investigation and resolution of any Security Breach. If applicable law or Customer's policies require notification of its Authorized Users or others of the Security Breach, Customer shall be responsible for such notification. f) Data Export, Retention and Destruction. Customer may export or delete Customer Data from the Services at any time during a Subscription Term, using the existing features and functionality of the Services. Customer is solely responsible for its data retention obligations with respect to Customer Data. If and to the extent Customer cannot export or delete Customer Data stored on NEOGOV's systems using the then existing features and functionality of the Services, NEOGOV will, upon Customer's written request, make the Customer Data available for export by Customer or destroy the Customer Data. If Customer requires the Customer Data to be exported in a different format than provided by NEOGOV, such additional services will be subject to a separate agreement on a time and materials basis. Except as otherwise required by applicable law, NEOGOV will have no obligation to maintain or provide any Customer Data more than ninety (90) days after the expiration or termination of this Agreement. Customer acknowledges that it is solely responsible for determining any retention requirements with respect to the Customer Data as required by applicable law and NEOGOV disclaims all liability in connection with such determination. In addition, to the extent Customer requests that NEOGOV retain Customer Data beyond the expiration of the retention period required by applicable law, rule or regulation, NEOGOV disclaims all liability in connection with retaining such Customer Data including but not limited to any claims related to loss or destruction of such Customer Data. Third Party Services. The Services may permit Customer and its Authorized Users to access services or content provided by third parties through the Services ("Third Party Services"). Customer agrees that NEOGOV is not the original source and shall not be liable for any inaccuracies contained in any content provided in any of the Third Party Services. NEOGOV makes no representations, warranties or guarantees with respect to the Third Party Services or any content contained therein. NEOGOV may discontinue access to any Third Party Services through the Services if the relevant agreement with the applicable third party no longer permits NEOGOV to provide such access. If loss of access to any Third Party Services (to which Customer has a subscription under this Agreement) occurs during a Subscription Term, NEOGOV will refund to Customer any prepaid fees for such Third Party Services covering the remainder of the Subscription Term. 12. Nondisclosure. 5 57 Digital A a) Definition of Confidential Information. "Confidential Infonnation" means all information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Customer's Confidential Information includes its Customer Data. NEOGOV Confidential Infonnation includes the NEOGOV Intellectual Property and the Services. The Confidential Information of each party includes the terms and conditions of this Agreement and all Order Forms (including pricing), as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information does not include any information that (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (c) is received from a third party without breach of any obligation owed to the Disclosing Party, or (d) was independently developed by the Receiving Party. b) Obligations. The Receiving Party will: (i) use the same degree of care it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care); (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement and (iii) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its employees and contractors who need access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections not less protective of the Confidential Information than those herein. c) Exceptions. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure. d) Equitable Relief. The parties recognize and agree there may be no adequate remedy at law for breach of the provisions of the confidentiality obligations set forth in this Section 12, that such a breach may irreparably harm the Disclosing Party and the Disclosing Party is entitled to seek equitable relief (including, without limitation, an injunction) with respect to any such breach or potential breach in addition to any other remedies available to it at law or in equity. 13. Representations, Warranties, and Disclaimers. a) Mutual Representations. Each party represents and warrants to the other party that (i) it has full power and authority under all relevant laws and regulations and is duly authorized to enter into this Agreement; and (ii) to its knowledge, the execution, delivery and performance of this Agreement by such party does not conflict with any agreement, instrument or understanding, oral or written, to which it is a party or by which it may be bound, nor violate any law or regulation of any court, governmental body or administrative or other agency having jurisdiction over it. b) Additional Customer Representations and Warranties. Customer hereby represents and warrants to NEOGOV that: (1) Customer and Authorized Users have all necessary rights and authority to upload Customer Data to the Service without violating any third party's proprietary or privacy rights, including intellectual property rights; (2) Customer Data does not contain any viruses, worms, Trojan horses, or other harmful or destructive code or content; and (3) Customer will use the Service in compliance with all laws, rules, regulations, and this Agreement. c) Service Performance Warranty. NEOGOV warrants that it provides the Services using a commercially reasonable level of care and skill and in a professional manner in accordance with generally recognized industry standards for similar services. d) No Other Warranty. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS WARRANTY SECTION, THE SERVICES AND ANY OTHER INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN RISK. NEOGOV DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEOGOV DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR -FREE, OR COMPLETELY SECURE, OR THAT ANY ERROR WILL BE CORRECTED. e) Disclaimer of Actions Caused by and/or Under the Control of Third Parties. NEOGOV DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE NEOGOV SYSTEM AND OTHER PORTIONS OF THE 6 58 Digital Manage A INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH NEOGOV WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, NEOGOV CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NEOGOV DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS OR WITH RESPECT TO ANY THIRD PARTY SERVICES. f) No Medical Advice. Through certain Services, NEOGOV may make certain telehealth related information available to Customer and/or facilitate user access to telemedicine, expert medical services, and/or emergency medical services. NEOGOV is independent from healthcare providers who provide telemedicine services and is not responsible for such healthcare providers' acts, omissions or for any content or communications made by them. The Services do not provide medical advice and do not create a healthcare provider/patient relationship between Customer and NEOGOV or otherwise. Any Services, or content accessed from the Services, are for informational purposes only and do not constitute medical advice. Customer should seek professional medical advice, diagnosis, and/or treatment for any and all medical. conditions, whether as a result of using Services or otherwise. NEOGOV IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER TREATMENT OR INFORMATION THAT CUSTOMER OR ITS USERS MAY OBTAIN THROUGH THE USE OF THE SERVICES. 14. Indemnification. a) Customer Indemnity. To the extent permitted by applicable law, Customer will defend and indemnify NEOGOV from and against any claim, demand, suit or proceeding made or brought against NEOGOV (i) by a third party alleging that any Customer Data infringes or misappropriates such third party's intellectual property rights, (ii) in connection with. Customer's violation of any applicable laws, or (iii) any claim or allegation by any third party resulting from or related to Customer's or any of its Authorized User's breach of Section 3 of this Agreement. b) NEOGOV Indemnity. Subject to subsections 14(b)(i) through 14(b)(iii) and 14(c) of this Section, if a third party makes a claim against Customer that any NEOGOV intellectual property furnished by NEOGOV and used by Customer infringes a third party's intellectual property rights, NEOGOV will defend the Customer against the claim and indemnify the Customer from the damages and liabilities awarded by the court to the third -party claiming infringement or the settlement agreed to by NEOGOV. i) Alternative Resolution. If NEOGOV believes or it is determined that any of the Services may have violated a third party's intellectual property rights, NEOGOV may choose to either modify the Services to be non -infringing or obtain a license to allow for continued use. If these alternatives are not commercially reasonable, NEOGOV may end the subscription or license for the Services and refund a pro-rata portion of any fees covering the whole months that would have remained, absent such early termination, following the effective date of such early termination. ii) No Duty to Indemnify. NEOGOV will not indemnify Customer if Customer alters the Service or Service Specifications, or uses it outside the scope of use or if Customer uses a version of the Service or Service Specifications which has been superseded, if the infringement claim could have been avoided by using an unaltered current version of the Services or Service Specifications which was provided to Customer, or if the Customer continues to use the infringing material after the subscription expires. NEOGOV will not indemnify the Customer to the extent that an infringement claim is based upon any information, design, specification, instruction, software, data, or material not furnished by NEOGOV. NEOGOV will not indemnify Customer for any portion of an infringement claim that is based upon the combination of Service or Service Specifications with any products or services not provided by NEOGOV. NEOGOV will not indemnify Customer for infringement caused by Customer's actions against any third party if the Services as delivered to Customer and used in accordance with the terms of the Agreement would not otherwise infringe any third -party intellectual property rights. iii) Exclusive Remedy. This Section provides the exclusive remedy for any intellectual property infringement claims or damages against NEOGOV. c) Indemnification Procedures. In order to receive the indemnities described hereunder, the indemnified party must: (i) promptly notify the indemnifying party, in writing, of any claim; (ii) cooperate reasonably with indemnifying party, at the indemnifying party's expense, in the defense and/or settlement thereof; and (iii) allow the indemnifying party to control the defense and/or settlement thereof except that the indemnifying party may not, without the indemnified party's prior written consent, enter into any settlement that does not unconditionally release the indemnified party from liability. The indemnified party shall have the right to participate in any defense of a claim and/or to be represented by counsel of 7 59 its own choosing at its own expense, provided that ultimate control of such defense shall remain solely with the indemnifying party. l5. Limitations of Liability. a) EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, INCLUDING FOR ANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR PROFIT OR DIMINUTION IN VALUE; (b) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SERVICES; (c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (d) COST OF REPLACEMENT GOODS OR SERVICES; (e) LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY OR PROFIT, OR LOSS OF REPUTATION; OR (f) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. b) CAP ON MONETARY LIABILITY. EXCEPT FOR DAMAGES ARISING OUT OF LIABILITY WHICH CANNOT BE LAWFULLY EXCLUDED OR LIMITED, OR CUSTOMER'S OBLIGATIONS TO MAKE PAYMENT UNDER THIS AGREEMENT, THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY FOR ANY AND ALL CLAIMS AGAINST THE OTHER PARTY UNDER THIS AGREEMENT, WHETHER ARISING UNDER OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, SHALL NOT EXCEED THE AMOUNT OF ALL PAYMENTS ACTUALLY RECEIVED BY NEOGOV FROM CUSTOMER IN CONNECTION WITH THIS AGREEMENT IN THE 12 MONTH PERIOD PRECEDING THE DATE OF THE FIRST EVENT INITIALLY GIVING RISE TO SUCH LIABILITY. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT. 16. Reimbursement of Costs in Third Party Litigation. With respect to any litigation or other court proceeding involving Customer and a third party, if any subpoena or other legally binding request related to such litigation or court proceeding is served to NEOGOV requesting copies of documents maintained by NEOGOV or otherwise requesting NEOGOV to appear as a witness in any capacity or provide testimony with respect to Customer's documentation, Customer shall reimburse NEOGOV for its out-of-pocket costs associated with compliance with such request, including but not limited to NEOGOV's reasonable attorneys' fees. 17. EOL Products. NEOGOV may, in its discretion, at certain times elect to discontinue development, distribution and/or support of any Service or any elements or versions of any Service, and thereby designate such Service or elements or versions as end of life ("EOL"). In the event that NEOGOV elects to announce EOL for any Service, NEOGOV will provide six (6) months prior notice. Customer will have a period of six (6) months after receipt of such notice to upgrade to the last commercially available (non-EOL) version of the Service, if applicable, or otherwise following the expiration of such six (6) month period, the Service shall be deemed terminated without penalty and a pro rata refund shall be provided to Customer for the remaining term of the Service. During the 6-month notice period, Customer may continue exercising all of the rights set forth in this Agreement with respect to such EOL Service. 18. Text Message Communications. NEOGOV may offer Personnel the opportunity to receive text messages regarding job application or hiring process reminders, applicant status updates, or other human resource related notices. Since these text message services depend on the functionality of third -party providers, there may be technical delays on the part of those providers. NEOGOV may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. NEOGOV shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert. NEOGOV cannot vouch for the technical capabilities of any third parties to receive such text messages. To the extent you utilize text messaging features, NEOGOV shall not be responsible for your use of such features, and you shall indemnify NEOGOV with respect to any damages resulting from your use including but not limited any violations of applicable law. NEOGOV MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO: (a) THE AVAILABILITY OF TELECOMMUNICATION SERVICES; (b) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (c) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR. FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS, OR SETTINGS CONNECTED WITH THE SERVICES. 8 60 Digital A 19. Publicity. Except as otherwise required by law, regulation, or the party's internal requirements (i.e., customer lists for auditing purposes), neither party shall, without the prior written consent of the other party, use in any advertising, publicity, or otherwise, the name, trademark, logo, symbol, other image of the other party or any of its affiliates, departments, directors, officers, employers, or agents.. 20. Force Majeure. Except for Customer's payment obligations to NEOGOV, neither party shall be liable for any damages, costs, expenses or other consequences incurred by the other party or by any other person or entity for any act, circumstance, event, impediment or occurrence beyond such party's reasonable control, including, without limitation: (a) acts of God; (b) changes in or in the interpretation of any law, rule, regulation or ordinance; (c) strikes, lockouts or other labor problems; (d) transportation delays; (e) unavailability of supplies or materials; (f) fire or explosion; (g) riot, pandemic, military action or usurped power; (h) actions or failures to act on the part of a governmental authority; (i) internet service interruptions or slowdowns, vandalism or cyber-attacks, or (j) any other cause beyond the reasonable control of such party. 21. Independent Contractor; No Third Party Beneficiary; Fulfillment Partners. The relationship of the parties shall be deemed to be that of an independent contractor and nothing contained herein shall be deemed to constitute a partnership between or a joint venture by the parties hereto or constitute either party the employee or agent of the other. Customer acknowledges that nothing in this Agreement gives Customer the right to bind or commit NEOGOV to any agreements with any third parties. This Agreement is not for the benefit of any third party and shall not be deemed to give any right or remedy to any such party whether referred to herein or not. NEOGOV may designate any third -party affiliate, or other agent or subcontractor (each a "Fulfillment Partner"), without notice to, or the consent of, Customer, to perform such tasks and functions to complete any Services. 22. Entire Agreement; Amendment; Addendum. This Services Agreement, the Exhibits hereto, each Addendum (as may be applicable pursuant to the terms therein) and documents incorporated herein, the applicable Order Form, and Special Conditions (if any) constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous oral and written statements of any kind whatsoever made by the parties with respect to such subject matter. It is expressly agreed that the terms of this Agreement and any NEOGOV Order Form shall supersede the terms in any non-NEOGOV purchase order or other ordering document. Notwithstanding the foregoing, any conflict of terms shall be resolved by giving priority in accordance with the following order: 1) Special Conditions (if any), 2) NEOGOV Order Form, 3) the NEOGOV Services Agreement, and 4) incorporated documents (including the Exhibits and each applicable Addendum). This Agreement supersedes the terms and conditions of any clickthrough agreement associated with the Services. This Agreement may not be modified or amended (and no rights hereunder may be waived) except through a written instrument signed by the parties to be bound. If you are subscribing for the HRIS, Vetted, or PowerEngage Platform, you hereby specifically agree to the terms of the applicable Addendum set forth on the NEOGOV Site. In addition, certain Services may disclose the use of artificial intelligence, in which case, Customer hereby agrees to the terms of the Al Addendum set forth on the NEOGOV Site. 23. General. a) Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Washington, without giving effect to conflict of law rules. Any legal action or proceeding relating to this Agreement shall be instituted only in any state or federal court in King County, Washington b) Severability. If any provision of this Agreement is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that the remainder of this Agreement will continue in full force and effect. Provisions that survive termination or expiration are those relating to, without limitation, accrued rights to payment, acknowledgements and reservations of proprietary rights, confidentiality obligations, warranty disclaimers, and limitations of liability, and others which by their nature are intended to survive. c) Notices. All notices or other communications required or permitted hereunder shall be in writing and shall be deemed to have been duly given either when personally delivered, one (1) business day following delivery by recognized overnight courier or electronic mail, or three (3) business days following deposit in the U.S. mail, registered or certified, postage prepaid, return receipt requested. All such communications shall be sent to (i) Customer at the address set forth in the Order Form and (ii) NEOGOV at the address specified in the applicable Order Form. d) Waiver. The waiver, express or implied, by either party of any breach of this Agreement by the other party will not waive any subsequent breach by such party of the same or a different kind. This Agreement may be executed in two or more counterparts, each of which will be deemed an original, but all of which taken together shall constitute one and the same instrument. 9 61 Digital Manage A e) Electronic Delivery. Delivery of a copy of this Agreement or an Order Form bearing an original signature by electronic mail or by any other electronic means will have the same effect as physical delivery of the paper document bearing the original signature. f) Assignment. Customer may not assign this Agreement without the express written approval of NEOGOV Any attempt at assignment in violation of this Section shall be null and void. g) Construction. The parties intend this Agreement to be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The exhibits, addendum, schedules, attachments, and appendices referred to herein are an integral part of this Agreement to the same extent as if they were set forth verbatim herein. h) Subcontractors. For purposes of this Agreement, including any subsequent documentation requested by Customer pursuant to this Agreement, the term "subcontractors" shall exclude subcontractors (i) who perform routine software development and maintenance services which are not specific to the Customer, (ii) subcontractors who will not have any access to Customer Data, and (iii) subcontractors who have access to Customer Data solely within NEOGOV's or Customer's systems. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly authorized officers as of the date set forth below, and consent to the Agreement. Customer Gov ernmentJobs.com,?Inc. of itself and Ragnasoft EEC (El/B/A (D/B/A/ NEOGOV), on behalf its subsidiaries PoSverDMS, Inc., Cuehit, Inc., EEC (D/B/A/ PlanlT Schedule), and Design PI), Agency360) Entity Name: Signature: Signature: Print Name: Date: Print Name: Date: 10 62 Digital Manage Exhibit A Government Customer Addendum A If Customer is a Government Customer, the following Government Customer Addendum ("Government Addendum") forms part of the Services Agreement, and in the case of any conflict or inconsistency between the terms and provisions of this Addendum and any other provision of the Services Agreement, the terns of this Government Addendum shall control. For purposes hereof, a "Government Customer" means a Customer which is a (a) U.S. Federal agency, (b) state government, agency, depaitnient, or political subdivision (including a city, county or municipal corporation), or (c) instrumentality of any of the foregoing (including a municipal hospital or municipal hospital district, police or fire department, public library, park district, state college or university, Indian tribal economic development organization, or port authority). 1. Applicability. The provisions of this Addendum shall apply only if Customer is a Government Customer under the Services Agreement. 2. Termination for Non -Appropriation of Funds on Multi -Year Deals. Customer represents that it has received sufficient appropriation of funds by the applicable legislature (or other appropriate governmental body) ("Governmental Appropriation") for the first year of the term of any Order Form executed by Customer (the "First Year" and all such years following the First Year which are included in the term of an Order Form, the "Future Years"). If Customer is subject to federal, state or local law which makes Customer's financial obligations under this Services Agreement contingent upon Governmental Appropriation, and if such funds are not forthcoming or are insufficient due to failure of such Governmental Appropriation, then Customer will have the right to terminate the then remaining portion of any Future Years under the Services Agreement at no additional cost and with no penalty by giving prior written notice documenting the lack of funding. Customer will provide at least thirty (30) days advance written notice of such termination. Customer will use reasonable efforts to ensure appropriated funds are available. It is expressly agreed that Customer shall not activate this non -appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis, which affects generally its fiscal operations. If Customer terminates the Services Agreement under this Section 2, Customer agrees not to replace the Services with functionally similar products or services for a period of one year after the termination of the Services Agreement. 3. Indemnification. If Customer is prohibited by federal, state or local law from agreeing to hold harmless or indemnify third parties, Section 14(a) and the indemnification provision included in Section 18 of the Services Agreement shall not apply to Customer, to the extent disallowed by applicable law. 4. Open Records. if the Customer is subject to federal or state public records laws, including laws styled as open records, freedom of information, or sunshine laws ("Open Records Laws") the confidentiality requirements of Section 12 of the Services Agreement apply only to the extent permitted by Open Records Laws applicable to the Customer. This Section is not intended to be a waiver of any of the provisions of the applicable Open Records Laws, including, without limitation, the requirement for the Customer to provide notice and opportunity for NEOGOV to assert an exception to disclosure requirements in accordance with the applicable Open Records laws. 5. Cooperative Purchasing. As permitted by law, it is understood and agreed by Customer and NEOGOV that any (i) federal, state, local, tribal, or other municipal government (including all administrative agencies, departments, and offices thereof); (ii) any business enterprise in which a federal, state, local, tribal or other municipal entity has a full, majority, or other controlling interest; and/or (iii) any public school (including without limitation K-12 schools, colleges, universities, and vocational schools) (collectively referred to as the "New Entity") may purchase the Services specified herein in accordance with the terms and conditions of this Agreement. It is also understood and agreed that each New Entity will establish its own contract with NEOGOV, be invoiced therefrom and make its own payments to NEOGOV in accordance with the terms of the contract established between the New Entity and NEOGOV. With respect to any purchases by a New Entity pursuant to this Section, Customer: (i) shall not be construed as a dealer, re -marketer, representative, partner or agent of any type of NEOGOV, or such New Entity; (ii) shall not be obligated, liable or responsible for any order made by New Entities or any employee thereof under the agreement or for any payment required to be made with respect to such order; and (iii) shall not be obliged, liable or responsible for any failure by any New Entity to comply with procedures or requirements of applicable law or to obtain the due authorization and approval necessary to purchase under the agreement. Termination of this Agreement shall in no way limit NEOGOV from soliciting, entering into, or continuing a contractual relationship with any New Entity. Any New Entity who purchases Services under this Section hereby represents that it has the authority to use this Services Agreement for the purchase and that the use of the Services Agreement for the purchase is not prohibited by law or procurement regulations applicable to the New Entity. 11 63 Digital Manage Exhibit B Integration Terms Addendum A NEOGOV offers integrations and platform APIs for integrations to third party systems ("Integration Services"). Customer may use only those Integration Services purchased or subscribed to as listed within the NEOGOV Order Form. The following terms (the "Integration Tenns Addendum") shall apply to the extent that Customer utilizes a system integration between the Services and either: (a) an affiliated integrated service, including those found at https://api.neogov.com/connect/marketplace.html ("Affiliated API") or to the extent that Customer utilizes a system integration between the Services and an unaffiliated third -party service ("Customer Application") integrated using NEOGOV's open API ("Open API"). Integration Services are not available for HRIS Services and this Exhibit B shall not apply to HRIS Services. I. Provision of Integrations. Subject to and conditioned on compliance with all terms and conditions set forth in this Agreement, NEOGOV hereby grants Customer a limited, revocable, non-exclusive, non -transferable, non-sublicensable license during the applicable Term to use and/or access the Affiliated API as described in this Agreement, or the Open API for communication between Customer's human resource related third application(s) that will interoperate with NEOGOV Services (collectively these uses shall be referred to as the "API" or "Integration"). Customer acknowledges there are no implied licenses granted under this Agreement. NEOGOV reserves all rights that are not expressly granted. Customer may not use the API for any other purpose without our prior written consent. Customer may not share the API with any third party, must keep the API and all log -in information secure, and must use the API key as Customer sole means of accessing the API. 2. Integration Intellectual Property. All right, title, and interest in the API and any and all information, data, documents, materials, inventions, technologies, know-how, descriptions, requirements, plans, reports, works, intellectual property, software, hardware, systems, methods, processes, and inventions, customizations, enhancements, improvements and other modifications based on or derived from the API are and will remain, as appropriate, with NEOGOV. All right, title, and interest in and to the third -party materials, including all intellectual property rights therein, are and will remain with their respective third -party rights holders subject to the terms and conditions of the applicable third -party license agreements. Customer has no right or license with respect to any third -party materials except as expressly licensed under such third -party license agreements. 3. Integration Terms of Use. Except as expressly authorized under this Agreement, you may not remove any proprietary notices from the API; use the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law; combine or integrate the API with any software, technology, services, or materials not authorized by NEOGOV; design or permit Customer Application(s) to disable, override, or otherwise interfere with any NEOGOV-implemented communications to end users, consent screens, user settings, alerts, warning, or the like; use the API in any of Customer Application(s) to replicate or attempt to replace the user experience of the Services; or attempt to cloak or conceal Customer identity or the identity of Customer Application(s) when requesting authorization to use the API. 4. Customer Integration Responsibilities. Customer, Customer developed web or other software services or applications, and Customer third -party vendors that integrate with the API (collectively the "Customer Applications"), shall comply with all terms and conditions of this Agreement, all applicable laws, rules, and regulations, and all guidelines, standards, and requirements that may be posted on https://api.neogov.com/connect/index.html from time to time. In addition, Customer will not use the API in connection with or to promote any products, services, or materials that constitute, promote, or are used primarily for the purpose of dealing in spyware, adware, or other malicious programs or code, counterfeit goods, items subject to U.S. embargo, unsolicited mass distribution of email ("spam"), multi -level marketing proposals, hate materials, hacking, surveillance, interception, or descrambling equipment, libelous, defamatory, obscene, pornographic, abusive, or otherwise offensive content, stolen products, and items used for theft, hazardous materials, or any illegal activities. 5. Cooperation. If applicable, Customer shall timely provide such cooperation, assistance, and information as NEOGOV reasonably requests to enable the API. NEOGOV is not responsible or liable for any late delivery or delay or failure of performance caused in whole or in part by Customer's delay in perfonning, or failure to perform, any of its obligations under this Agreement. NEOGOV will provide Customer maintenance and support services for API issues arising from the information technology designed, developed, and under then current control of NEOGOV. NEOGOV shall have no obligation to provide maintenance or support for issues arising from the inaction or action of Customer or third parties of which are outside NEOGOV control. 6. Provision of Open API. In the event license fees or other payments are not due in exchange for the right to use and access the Open API, you acknowledge and agree that this arrangement is made in consideration of the mutual covenants 12 64 Digital Manage A set forth in this Agreement, including, without limitation, the disclaimers, exclusions, and limitations of liability set forth herein. Notwithstanding the foregoing, NEOGOV reserves the right to charge for access with effect from the start of each Renewal Term by giving Customer at least ninety (90) day notice prior to commencement of a Renewal Term. 7. API Key. In order to use and access the Open API, you must obtain an Open API key through the registration process. Customer agrees to monitor Customer Applications for any activity that violates applicable laws, rules and regulation, or any terms and conditions of this Agreement, including any fraudulent, inappropriate, or potentially harmful behavior. This Agreement does not entitle Customer to any support for the Open API. You acknowledge that NEOGOV may update or modify the Open API from time to time and at our sole discretion and may require you to obtain and use the most recent version(s). You are required to make any such changes to Customer Applications that are required for integration as a result of such Update at Customer sole cost and expense. Updates may adversely affect how Customer Applications communicate with the Services. 8. Efficient Processing. You must use efficient programming, which will not cause an overwhelming number of requests to be made in too short a period of time, as -determined solely by NEOGOV. If this occurs, NEOGOV reserves the right to throttle your API connections, or suspend or terminate your access to the Open API. NEOGOV shall use reasonable efforts to provide Customer notice and reasonable time to cure prior to taking such actions. 9. Open API Limitations. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL NEOGOV BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE OPEN API; OR ANY DAMAGES, IN THE AGGREGATE, IN EXCESS OF FIFTY DOLLARS, EVEN IF NEOGOV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE OR NEOGOV WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. 10. Open API Termination. Notwithstanding the additional Termination rights herein, NEOGOV may immediately terminate or suspend Customer access to Open APIs in our sole discretion at any time and for any reason, with or without notice or cause. In addition, your Open API subscription will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. 13 65 NEOGOV: GovernmentJobs.com, INC. (dba "NEOGOV") 2120 Park Place, Suite 100 El Segundo, CA 90245 billing neogov.com Quote Creation Date: 1/03/2024 NEOGOV ORDER FORM Customer Name & Address:m m m Tukwila, City Of (WA) 6200 Southcenter Blvd Tukwila, WA 98188-2599 USA Contact Name: Quote Expiration Date: 30 days from Quote Creation Contact Email: Payment Terms Annual. Net 30 from NEOGOV invoice. Subscription Start Date: 12/17/2023 Subscription Term (months): 36 Fee Summary FTE: Service Description i Term Onboard 12/17/2023 - 12/16/2024 Learn 12/17/2023 - 12/16/2024 Perform 12/17/2023 - 12/16/2024 eForms 12/17/2023 �_...._ _...._.._ Time & Attendance 12/17/2023 - Benefits 12/17/2023 - Core HR 12/17/2023 API 12/17/2023 - SSO (Single Sign On) 12/17/2023 Candidate Text Messaging 12/17/2023 - Insight overnmentjobs.com nboard ........................... earn Perform eForms Time & Attendance Benefits Core HR O (Single Sign -On) andidate Text Messaging Insight ..................................................................................................... Governmentjobs.com Insight overnmentjobscom nboard Learn Perform eForms Time & Attendance Benefits Core HR O (Single Sign -On) andidate Text Messaging 02/25/2024 - 02/25/2024 12/17/2024 - 12/17/2024 - 12/17/2024 - 12/17/2024 ......................................................... 12/17/2024 - 12/17/2024 - 12/17/2024 - ...................................................... 12/17/2024 - 12/17/2024 - 12/17/2024 - 02/25/2025 - .................................................................. 02/25/2025 - 12/17/2025 - 12/17/2025 - 12/17/2025 - 12/17/2025 12/17/2025 - 12/17/2025 12/17/2025 12/17/2025 - 12/17/2025 - .............................................................. 12/17/2025 - 12/17/2025 12/17/2025 - 12/16/2024 12/16/2024 12/16/2024 12/16/2024 12/16/2024 12/16/2024._ ^^^ 12/16/2024 2023 - 2024 Total: 02/24/2025 02/24/2025 12/16/2025 .... ........................................................................... 12/16/2025 12/16/2025 WWWW� 12/16/2025 .................................................................... 12/16/2025 12/16/2025 12/16/2025 ................................................... ..................... 12/16/2025 12/16/2025 12/16/2025 ......................................................................... 2024 - 2025 Total: 12/16/2025 ....................................................... .............. 12/16/2025 Prorated Total: 12/16/2026 12/16/2026 12/16/2026 12/16/2026 12/16/2026 12/16/2026 12/16/2026 12/16/2026 12/16/2026 ............................................................................... 12/16/2026 12/16/2026 12/16/2026 ............................................................... ........ 2025 - 2026 Total: Total: Term Fees $7,774.96 I $17,771.32 $13, 328.49 $11,107.08� $17,771.33 $17, 771.33 $13 328 49 $0.00 $0.00 $98,853.00 .................................................................................... $11,128.65 $1,806.31 8,280.33 ..................................................................................... $18,926.46 $14,194.84 $11 829.04 $17,771.33 $17,771.33 $13,328.49 $0.00 $0.00 $0.00 $115,036.78 $8,994.39 $1,459.89 $10,454.28 $11,852.01 $1,923.72 $8,818.55 $20,156.68 $15,117.51 $12,597.93 17, 771.33 $17,771.33 $13, 328.49 ........................................................ $0.00 $0.00 60.00 119,337.55 $343,681.61 1 66 A. Terms and Conditions 1. Agreement. This Ordering Document and the Services purchased herein are expressly conditioned upon the acceptance by Customer of the terms of the NEOGOV Services Agreement either affixed hereto or the version most recently published prior to execution of this Ordering Form available at https://www.neogov.com/service-specifications. Unless otherwise stated, all capitalized terms used but not defined in this Order Form shall have the meanings given to them in the NEOGOV Services Agreement. 2. Effectiveness & Modification. The Effective Date shall be the Subscription Start Date. This Order Form may not be modified or amended except through a written instrument signed by the parties. 3. Summary of Fees. Listed above is a summary of Fees under this Order. Once placed, your order shall be non -cancelable and the sums paid nonrefundable, except as provided in the Agreement. 4. Order of Precedence. This Ordering Document shall take precedence in the event of direct conflict with the Services Agreement, applicable Schedules, and Service Specifications. B. Special Conditions (if any). 1. The parties acknowledge that Customer, after this Order Form is fully executed, will hold a credit with NEOGOV in the amount of Seventeen Thousand Seven Hundred and Seventy One Dollars and Forty Two Cents ($17,771.42) which will be applied to INV-18966 and a credit of Twenty Three Thousand Three Hundred and Twenty Four Dollars and Eighty Six Cents ($23,324.86) that will be applied to INV-18967. Customer shall pay any remaining balance due and shall pay, when due, for the Term Fees applicable to this Order Form. IN WITNESS WHEREOF, this Order has been executed by such party's duly authorized signatory as of the date set forth below, and such duly authorized signatory consents to the Agreement. Customer Governmentjobs.com, Inc. (DBA!"NEOGOV") Entity Name: City of Tukwila Signature: Print Name: TC Croone Date: 01 / 11 /2024 2 67 City of Tukwila Thomas McLeod, Mayor Marty Wine, City Administrator AGENDA BILL ITEM NO. 4.E. Agenda Item Proposal to revise City Compensation Policy: Resolution 1951 Sponsor Thomas McLeod, Mayor Mayor's office Legislative History January 12, 2026 Committee of the Whole January 26, 2026 Special Meeting Recommended Motion ❑ Discussion Only ❑x Action Requested MOVE TO approve the compensation policy. EXECUTIVE SUMMARY Resolution 1951 has governed the City's compensation framework for several years. Since its adoption, the City's workforce, labor market conditions, and policy priorities have evolved significantly. Council has emphasized equity, transparency, and long-term financial sustainability, and the City has undertaken major compensation -related work, including the recent Classification and Compensation Study (in 2024) and discussions at the Financial Sustainability Committee. Beginning in June 2025, Human Resources initiated a review of Resolution 1951 to assess whether the policy continues to meet operational needs and align with current practices. During this review, Council requested additional context, comparisons to other jurisdictions' policies, and clarification regarding how a compensation philosophy fits within the City's overall governance framework. Based on that feedback, staff is not proposing to replace Resolution 1951, but rather to revise and modernize it, retaining Council governance, while updating outdated or unclear provisions. DISCUSSION Staff is seeking Council feedback on the following proposed revisions to Resolution 1951: • Clarifying purpose and rationale: Moves explanatory language from outdated "Whereas" clauses into the body of the policy so the "why" behind compensation decisions —recruitment, retention, equity, and fiscal stewardship is clearly stated and durable over time. • Updating market study cadence: Establishes a standard three-year market study cycle for non -represented employees, while retaining flexibility to conduct studies more frequently if market or operational conditions warrant. • Aligning policy with actual practice: Removes references to automatic cost -of -living adjustments (COLA) and clarifies that wage adjustments are determined through collective bargaining, administrative processes, and the budget, consistent with how compensation is currently set. • Formalizing a total compensation approach: Explicitly recognizes total compensation including pay, benefits, and leave as the basis for evaluating competitiveness, an approach already used for police compensation and now applied consistently across employee groups. • Clarifying comparable jurisdictions: Codifies use of assessed valuation, police department presence, and Valley Cities as comparators, aligning the policy with methodologies already in use. 68 • Strengthening equity and compression oversight: Adds explicit commitments to monitor equity and compression, apply the City's Equity Toolkit, and report annually to Council. • Reinforcing governance roles: Clarifies the roles of Council, the Mayor or designee, and Administration, including requiring Council review of the Compensation Policy prior to adoption of the biennial budget. • Align New Hire Pay with City Policy: Revising the policy to delegate approval authority to the Mayor rather than Council. This would allow timely salary negotiations without delaying decisions. Requiring written justification for exceptions to reinforce transparency. Consistently communicating this policy to hiring managers to reduce pay compression and inequities at entry. FINANCIAL IMPACT Complete for all items with fiscal implications Disclaimer: Final terms and scope of work subject to r City Atta Comments: There is no immediate fiscal impact associated with revising Resolution 1951. Any future compensation adjustments resulting from market studies, equity reviews, or collective bargaining will continue to be reviewed and approved through established budget and bargaining processes. ATTACHMENTS • Draft revised Resolution 1951 • Summary of proposed changes 69 C:1Users\andy-y\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\DWVWM4YX\Agenda Bill_Proposal to revise Res 1951 (002).docx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A COMPENSATION POLICY FOR CITY OF TUKWILA EMPLOYEES AND REPEALING RESOLUTION NO. 1951. WHEREAS, the City believes that the purpose of a compensation program is to facilitate recruiting, retention, development and productivity of employees; and WHEREAS, the City desires to utilize standardized policies, procedures and processes, wherever possible, for compensating all employee groups, both represented and non -represented; and WHEREAS, the City recognizes that current economic conditions and forecasts, long-range City budget forecasts, recruitment or retention difficulties for certain positions, and position rates for comparable jurisdictions, as well as internal equity considerations, should assist in guiding the compensation of employees; and a cost of living (COLA) allowance in odd numbered y WHEREAS, the City has made a determination to, when economic conditions and negotiations allow, provide represented employees with salaries that reflect the average of comparable jurisdictions; and above the aver omparable jurisdictions; and WHEREAS, the City Council will participate in setting negotiation expectations and reviewing and approving represented employee group contracts; and, HLREEAS,increases in pay for positions on the salary range will be apQjo.y d the Council for each osition classification, as adopted in the City's iennoaI Budget and as amended or supplemented from time to time; 2026 Legislation: Compensation Policy Version: 1/6/2026 Staff: T. Croone Page 1 of 4 70 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The following statements and processes arccrarm ensation pphiiosopil is adopted for the purpose of guiding employee compensation programs for employees offor the City of Tukwila. A. Information to be provided to the City Council. 1. For Represented Employees. A written presentation of current internal and local external public agency salary and benefit trends, including a salary and benefits market survey of comparable jurisdictions, as defined herein, will be provided to the City Council. This presentation must be made to the Council prior to the commencement of negotiations with the bargaining units regarding salary and benefits. The City Council and Administration will discuss represented employee group negotiation expectations, negotiating points, salary and benefit change floors and/or ceilings prior to the beginning of, and at appropriate points during, negotiation sessions. 2. For Non -Represented Employees. A written presentation of current internal and local external public agency salary and benefit trends, including a salary and benefits market survey of comparable jurisdictions, as defined herein, will be provided to the City Council by Administration every other year by the end of the third . Relevant Association of Washington Cities (AWC) data from the previous year's Washington City and County Employee Salary and Benefit Survey, for the comparable jurisdictions, will be used in the salary market survey. B. Compensation Policy. mm. i ,.:. .._mmcompensation 1. T©t l ©raw ensation. Where racticablc., the total tal cost ofco red addition a iH.. i g the value of earn and paidea v _ will be cpr°asd� in �.�... to flaase� I��anr�din0......�..' .�.....�.�. earned .........lea.ye, the value of iHealth 'insurance and benefits for evit deferred corn ensation tion d other cascompensation. 2, )Periodically, the.... City nay conduct a salaj and benefits rnarket survey©; ensures the City's positions are paid appropriately as evaluated against comparable jurisdictions, economic conditions in the area, prevailing ware rate.��d or recruitment or retention considerations for certainpositions. Market ad t vents to positions on tl.ie e idPP� ons" salau�y�cl�ecl�IlP shall) br' � sratiolm7a d u ect t.o �u etar c 1-3. All Puget Sound jurisdictions with +75/-50% of Tukwila's annual assessed valuation, using the most current data from County Assessors, will be used to create the list of comparable jurisdictions for evaluation of salary information. A second criteria to be used to refine comparable jurisdictions is to only include cities with their own police department. Comparable jurisdictions will also include the, cameo raphic labor market where Tukwila attracts applicants from, to include the Vallem Cities Kent, Renton, ub��rn Federal Way,. and Cues Moines..._ Auburn to .the Cit will use the same comparable jurisdictions for both represented and non -represented employee groups. 2026 Legislation: Compensation Policy Version: 1/6/2026 Staff: T. Croone 71 Page 2 of 4 24. For non -represented employees, the City desires to pay the average salary for the particular pay scale, as derived from the comparable jurisdiction data described in Section B.1. 0 the City Council. For represented employees, the City desires to pay salaries that are competitive to the City's comparable jurisdictions. 3 a. Positions that are 5% below the market and up to 10% above the market are considered competitive with the market and will receive a market adjustment the year the survey is to occur. Those positions more than 10% above the market will not receive an adjustment during the year the market adjustment is to occur and will warrant further evaluation. Documented justification of potential reclassification will be provided to the City CouncilMayor or their designee for review and approval. If the documented justification results in reclassification, any adjustments will be made in alignment with City policy. 46. The cost -of -living adjustment (COLA) in odd numbered years for non - represented employees shall be based upon 90% of the Seattle -Tacoma -Bellevue Consumer Price Index (CPI-W) Average (June to June). Considerations for cost -of -living adjustment for odd will be based upon internal equity with represented groups to determine if an adjustment is warranted. Administration will provide a written justification documenting that an adjustment is warranted for the City Council's review and approval prior to implementation. 57. The goal of the City is to establish parity between represented and non - represented employees' benefits. The City desires to provide employee benefits that are competitive to the comparable cities described herein. The City will endeavor to keep increases to annual health care costs under market averages. If costs exceed market averages, adjustments will be made to reduce benefit costs. . The goal of the City is to mitigate or avoid salary compression issues where possible. An example of salary compression is when there is only a small difference in pay between employees regardless of their skills, level, seniority or experience. implementation. 79. The City Council shall review the compensation policy described herein on an annual basisprwor to a royal ofw the Biennial Budget to assess efficacy and make adjustments if warranted. If the Administration determines that a deviation from the above process (in its entirety or for individual positions) is necessary, it will provide justification to the City Council for review and approval prior to the adoption of any process change. Section 2. Resolution No. 1796 '1951 is hereby repealed. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of , 2026. 2026 Legislation: Compensation Policy Version: 1/6/2026 Staff: T. Croone Page 3 of 4 72 ATTEST/AUTHENTICATED: Andy Youn-Barnett, CMC, City Clerk Armen Papyan, Council President APPROVED AS TO FORM BY: Kari Sand, City Attorney 2026 Legislation: Compensation Policy Version: 1/6/2026 Filed with the City Clerk: Passed by the City Council: Resolution Number: Staff: T. Croone 73 Page 4of4 Thomas McLeod, Mayor Human Resources Division - TC Croone, Chief People Officer Resolution 1951 Proposed Changes What's Changed • Market study cadence clarified: Non -represented market studies moved from a "odd year" and "even year" cadence to a standard three-year cycle, with flexibility retained. • COLA language revised: Removes implied or fixed COLA assumptions and reflects current practice, which varies by bargaining agreement and budget decisions. • Total compensation emphasized: Explicitly adopts a total compensation framework across employee groups. • Comparable cities clarified: Formalizes use of Valley Cities and assessed valuation criteria consistent with police compensation practices. • Equity and compression strengthened: Adds explicit commitments to equity analysis, use of the Equity Toolkit, and annual reporting to Council. • Governance alignment improved: Updates references to decision -makers (Mayor or designee) and requires Council review prior to the biennial budget. What Stayed the Same • Council governance is retained: Compensation policy remains Council -adopted and Council continues to set expectations through the budget and bargaining process. • Comparable market methodology is preserved: Assessed valuation continues to be used as a key criterion in identifying comparable jurisdictions, in combination with local and regional cities, to ensure market comparisons reflect both fiscal capacity and the actual labor market from which the City recruits. • Represented and non -represented employees are covered: The policy continues to apply citywide. • Fiscal stewardship remains central: Compensation decisions continue to be subject to budgetary review and approval. • Flexibility is preserved: Administration retains the ability to respond to market conditions, recruitment challenges, and equity concerns within the policy framework. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 74 Resolution 1951 Proposed Changes Page 2 City Tukwila Auburn Benchmarked Cities Non -Represented Policy Represented (CBA) Policy Assessed valuation used; Biennial adjustments: Based on Resolution 1951 Benchmarking (even years) & COLA (odd years, 90% framework; Adjustments via CPI-W); Benefits slightly above average. bargaining; Cadence ^'2-3 years. Step -based schedule; No assessed valuation; No explicit COLA. Renton Step -based salary tables; Incentives (longevity, education); No assessed valuation; No explicit COLA. Kent Salary Commission for elected officials; Comparables used but not assessed valuation; No COLA. Federal Limited data; No assessed valuation; No explicit Way COLA. Des No data found. Moines 1. Maintain Assessed Valuation Benchmarking Teamsters CBA includes longevity pay; No COLA; Market study cadence not defined. AFSCME CBA: market adjustments for roles w/out study since 2022; cadence "'3 years. CBAs not detailed; Adjustments negotiated. No detailed CBA data located. No data found. Why: Tukwila's Compensation Policy (Resolution 1951) and City pay policy emphasize maintaining a fair, market -competitive structure. Using assessed valuation to select comparables keeps benchmarking tied to the City's fiscal capacity rather than arbitrary peer groups. This approach strengthens Tukwila's credibility during interest arbitration with our three police bargaining units, where objective financial comparables carry significant weight. Documenting the use of assessed valuation alongside peer jurisdictions (Valley Cities) provides both credibility in arbitration and recognition of market competitiveness within our geographic region. Additionally, including the City of Lynnwood —whose daytime and nighttime populations mirror Tukwila's—helps build a more well-rounded set of compensation comparables. 2. Codify Market Study Frequency — Every 3 years (Trienniel) Why: While Personnel Policy 02.05.21 establishes equitable salary administration and Council sets ranges annually, codifying a triennial citywide market study would create consistency for both represented and non -represented employees. A three-year cadence smooths volatility (such as the Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 75 Resolution 1951 Proposed Changes Page 3 COVID period when CPI-W exceeded 8%), allowing anomalies to self -correct while ensuring long-term competitiveness. 3. Strengthen CBA Language on COLA Why: Current practice for non -represented employees ties odd -year adjustments to 90% of CPI-W. Represented CBAs vary, but standardizing language across unions to reference CPI-W or a fixed minimum percentage creates predictability. We successfully incorporated this approach into the 2025 negotiations across all Tukwila CBAs and will continue this practice. Standardizing COLA language reduces disputes during bargaining and reinforces alignment with the City's policy to remain market competitive. 4. Transparency in Reporting Why: While policy requires consistent application of salary plans, HR can enhance accountability by publishing an annual compensation summary to executive leadership, the Mayor, and Council. The report would include: • Comparable cities used (with assessed valuations). • CPI-W data for the year. • Salary adjustments applied (COLA, market, step movement). Providing this annual report supports fiscal transparency, improves Council's decision -making, and gives employees a clear understanding of how their pay aligns with City policy. 5. Align New Hire Pay with City Policy Why: Personnel Policy 02.05.21 requires new hires to start at step one of their grade unless justified by exceptional experience, with placement above mid -step requiring Council approval. To strengthen compliance and equity, we recommend: • Revising the policy to delegate approval authority to the Mayor rather than Council. This would allow timely salary negotiations without delaying decisions. • Requiring written justification for exceptions to reinforce transparency. • Consistently communicating this policy to hiring managers to reduce pay compression and inequities at entry. Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 76 City of Tukwila Thomas McLeod, Mayor Marty Wine, City Administrator AGENDA BILL ITEM NO. 4.F. Agenda Item Committees Sponsor Laurel Humphrey City Council Staff Legislative History 2026 Council and Mayor Participation on External Boards and January 12, 2026 Committee of the Whole Recommended Motion © Discussion Only ❑ Action Requested EXECUTIVE SUMMARY This is an opportunity for Councilmembers to review the 2026 list of participation, volunteer for positions, and have a better understanding of one another's broader commitments. DISCUSSION Staff is seeking consensus on the overall list as well as two very specific needs: 1. The City Council needs to identify a third member to serve on the Puget Sound Regional Fire Authority Governance Board. The next RFA meeting is scheduled for January 21, 2026. 2. The Mayor plans to step down from participation on the WRIA9 Management Committee due to increased scheduling obligations associated with membership on the Sound Transit Board. This Committee meets quarterly, virtually. ATTACHMENTS Draft list of External Participation 77 City of Tukwila 2026 Council and Mayor Participation on Boards, Committees and Commissions Cascade Water Alliance Board of Directors Governs municipal corporation providing safe, clean, reliable water supply Cascade Water Alliance Public Affairs Committee Considers and makes recommendations to the Board on matters relating to general outreach, public information and communication programs, community outreach and relationships, public relations, intergovernmental affairs, state and federal affairs, and Membership. Emergency Management Advisory Committee Advises, assists, reviews, and comments on emergency management and homeland security issues, regional planning and policies. (SCA Appointment) Firemen's Pension Board Provides support to retired firefighters who qualified for a city pension prior to 1971 Highline Forum Provides Southwest King County municipalities, educational governing bodies and the Port of Seattle with the opportunity to share information and partner on initiatives King County -Cities Climate Collaboration (K4C) Elected Official Committee Partnership of local governments working together to accelerate climate action. King County Consortium Joint Recommendations Committee for CDBG Provides funding recommendations and advice on guidelines and procedures for King County and its city partners on a wide range of housing and community development issues. (SCA Appointment) King County Flood Control District Advisory Committee Makes recommendations to the District's Board of Supervisors related to the annual budget, including capital improvement program projects and funding levels. City Council Tom McLeod, Interim Vice -Chair Dennis Martinez, alternate Dennis Martinez Kate Kruller Verna Seal Armen Papyan, Co -Chair Need alternate Joe Camacho Jane Ho Thomas McLeod Hannah Hedrick, alternate 6zoo Southcenter Boulevard • Tukwila, Washington • 98188 - Tel: zo6-433-1800 • www.tukwilawa.gov 78 2026 Council & Mayor Participation page 2 King County International Airport Vision 2045 and Part 150 Study Project Advisory Committee Provides input into the Plan and Study King County Mental Illness and Drug Dependency (MIDD) Oversight Committee Ensures that the implementation and evaluation of the strategies and programs funded by the MIDD sales tax revenue are transparent, accountable, collaborative, and effective. Lodging Tax Advisory Committee Provides recommendations to Mayor & Council regarding the levying and application of Hotel/Motel tax collections National League of Cities Hispanic Elected Local Officials Provides guidance to the NLC Board of Directors and Federal Advocacy Committees and influences NLC advocacy platforms. National League of Cities Women in Municipal Government Serves as a forum for communication and networking among women local elected officials and their colleagues. National League of Cities Small Cities Council Shares ideas and creative solutions to challenges affecting small cities. Puget Sound Regional Council: Executive Board Makes decisions on behalf of the General Assembly with the input of several advisory boards. (SCA Appointment) Puget Sound Regional Fire Authority Governance Board Governs the PSRFA Puget Sound Regional Fire Authority Governance Board Structure Subcommittee SCORE Jail Administrative Board Administers the regionally owned jail Sound Cities Association Board Oversees the general activities of the Sound Cities Association, and governs the organization by establishing broad policies and objectives. Sound Cities Association Public Issues Committee Makes recommendations to the Board on policies & committee appointments Armen Papyan Jane Ho Armen Papyan Dennis Martinez Hannah Hedrick Dennis Martinez Thomas McLeod Verna Seal Dennis Martinez Need third member Verna Seal Tom McLeod Tom McLeod, Treasurer Kate Kruller 79 2026 Council & Mayor Participation page 3 Sound Transit Board Tom McLeod Establishes policies and gives direction and oversight; identifies ballot measures for voter approval of regional transit projects and maintains the Long -Range Plan that identifies potential projects to submit to voters. Soundside Alliance for Economic Development Policy Hannah Hedrick Committee Helps businesses relocate, grow and thrive through strong economic development business incentives and small business assistance services. South County Area Transportation Board Dennis Martinez, Vice -Chair Serves as a forum for information sharing, consensus building, Armen Papyan, alternate and coordinating in order to resolve transportation issues and promote transportation programs that benefit the area. South King Housing & Homelessness Partnership Executive Dennis Martinez Board Need alternate Governs partnership that collaborates and shares resources to increase available options for residents to access affordable housing and preserve existing affordable housing stock Valley Communications Executive Board Oversees consolidated emergency services communications center (Auburn, Federal Way, Kent, Renton, Tukwila) Tom McLeod WRIA 9 Management Committee Need representative and Develops agenda items for the Watershed Ecosystem Forum and alternate provides direction to the jointly -funded staff working on the Salmon Habitat Plan Updated 1/6/26 80 City of Tukwila Thomas McLeod, Mayor Marty Wine, City Administrator AGENDA BILL ITEM NO. 4.G. Agenda Item Letter to Sound Transit Board, Boeing Access Road Light Rail Station Sponsor Brandon Miles, Director of Strategic Initiatives & Govt Affairs Mayor's Office Legislative History January 12, 2026 Committee of the Whole Recommended Motion ❑x Discussion Only MOVE TO N/A ❑ Action Requested EXECUTIVE SUMMARY Approve a letter from the City Council to the Sound Transit Board regarding the City's support for the Boeing Infill Light Rail Station. DISCUSSION On January 8, 2026, the Sound Transit System Expansion Committee authorized the Sound Transit CEO to execute a contract amendment with Kimley-Horn & Associates for project development services for the South Graham Street and Boeing Access Road infill stations. The contract amendment allows both stations to move forward into Phase 3, preliminary engineering, which is expected to take approximately 12 months to complete. In a previous action, the Sound Transit Board selected a preferred location for the Boeing Access Road light rail station at S. 112th Street and East Marginal Way S. Advancing the project at this time keeps it on schedule for a December 2031 opening. Sound Transit will ultimately need to allocate construction funding to build the station. However, Sound Transit is currently facing an estimated $20 billion funding shortfall to deliver the capital projects approved by voters under the Sound Transit 3 ballot initiative. These cost pressures are driven in part by major capital investments, including light rail extensions to West Seattle and Ballard and the construction of a new downtown Seattle transit tunnel. While eliminating one or both of the infill stations would have little impact on addressing Sound Transit's overall capital shortfall, the stations could become subject to elimination as cost pressures continue to mount. The City has expressed a desire to collaborate with Sound Transit to identify opportunities to control or reduce costs associated with the light rail station while continuing to advance the project. Given the recent action by the Sound Transit committee, this is an appropriate time to reaffirm the City's support for the project. A draft letter for Council discussion and consideration is attached. FINANCIAL IMPACT N/A ATTACHMENTS Draft letter to Sound Transit Board 81 City of Tukwila City Council DRAFT January 13, 2026 Sent by email to emailtheboard(@soundtranst_org Sound Transit Board 401 South Jackson Street Seattle, WA 98104 Dear Sound Transit Board: We are writing to express the City of Tukwila's continued and strong support for the Boeing Access Road in -fill light rail station proposed for north Tukwila. This fast-growing area —encompassing Tukwila neighborhoods including Allentown, Duwamish, and Ryan Hill; Seattle's Georgetown neighborhood; unincorporated Skyway; and the City of Renton —is in urgent need of expanded and reliable transit options. We also appreciate the work Sound Transit has undertaken to reach the current design milestone and we support the recent action by the System Expansion Committee to move to the next phase of design. While we understand that additional work is needed to address systemwide affordability challenges associated with capital delivery, we believe it is critical to continue advancing design and conceptual engineering. Doing so ensures momentum is not lost as broader affordability solutions are developed. We also want to ensure the Board fully understands the history of this project, the characteristics of the surrounding community, and the breadth of public support for locating a station at this site. About the Project The Boeing Access Road Station would bridge a 5.5-mile gap on the Link 1 Line between the Rainier Beach and Tukwila International Boulevard stations. The proposed station would connect the North Tukwila Manufacturing/Industrial Center to ten regional growth centers and one additional Manufacturing/Industrial Center. As part of the 2021 Sound Transit realignment, this project was categorized as a "Tier 1" project, with construction scheduled for completion in 2031. A light rail station at this location was included in Sound Transit's original 1996 Sound Move Regional Plan. Although the Boeing Access Road Station and the Graham Street Station were deferred due to financial constraints, they were never formally eliminated. Voters again approved construction of both stations as part of the Sound Transit 3 package in 2016. Following extensive 620o Southcenter Boulevard • Tukwila, Washington • 98188 - Tel: 2o6-433-1800 • www.tukwilawa.gov 82 public engagement during the 2021 realignment process, Sound Transit reaffirmed the Boeing Access Road Station's 2031 completion date. Area Information The area surrounding Boeing Access Road is one of the most diverse communities in King County: approximately 67% of residents are people of color; 40% are foreign -born; over 47% speak a language other than English at home; 23% have limited English proficiency; and 28% of households are classified as low income. These figures significantly exceed regional averages. While Tukwila is served by light rail, Sounder commuter rail, and a major King County Metro bus facility, many neighborhoods —particularly in north Tukwila —remain transit -dependent and underserved. Tukwila residents experience average commute times of just under 30 minutes, with more than 65% driving alone to work. A substantial portion of residents are employed in essential, lower -wage service sectors, including education, health and social services, manufacturing, and retail. Major employers in the area include King County International Airport/Boeing Field, the Museum of Flight, Raisbeck Aviation High School, Boeing, Protogis, King County Metro, and BECU. The Boeing Access Road area is an economic engine for the Puget Sound region, supporting more than 11,500 jobs today and projected to grow to nearly 25,000 jobs by 2035. These are living -wage jobs with relatively low barriers to entry, making transit access especially critical. Beyond employment, the station would serve multiple residential neighborhoods both within and outside Tukwila. Since the Sound Transit 3 vote, several significant public investments have been made near the proposed station site, including Duwamish Gardens Park, King County's Chinook Wind shoreline restoration project, the City of Tukwita's combined Public Works Operations Facility, and the Duwamish Hill Preserve, a public -private partnership. The nearby Green River Regional Trail also provides non -motorized connectivity from Seattle to Auburn. North Tukwila Access Initiative The City of Tukwila is actively implementing and planning several Large-scale transportation access projects in north Tukwila. By 2029, the City will replace the nearly 100-year-old 42nd Avenue Bridge serving the Allentown neighborhood. The City HAS also completED the Allentown Reroute Environmental Impact Statement to construct new access to the BNSF Intermodal Yard, separating freight truck traffic from passenger vehicles and improving safety. Additional planned investments include sidewalks and other non -motorized improvements to enhance overall mobility. The proposed Boeing Access Road light rail station is a critical component of this coordinated transportation strategy. Community Support In 2015, a broad coalition of community leaders, nonprofit organizations, and businesses advocated for retaining funding for the Boeing Access Road Station in the Sound Transit 3 package. That coalition reconvened in 2021 when the station faced potential delay or elimination during realignment. More recently, Sound Transit's community engagement efforts —summarized 83 in the October 2024 Boeing Auoeaa Rood Station Engagement Summary Report —again demonstrated strong community support for the station and for improved regional connectivity. Conclusion and Next Steps VOL8rS have approved two S8p@r8t8 funding p@Ck@g8S that included this StGtiOD. VVhii8 we recognize the Ch8ii8ng8S @SSOCi8t8d with constructing in-fiK 3L@dOnS--p@rtiCU|8rk/ elevated stations —the City of Tukwila remains committed to working coLLaborativeLy with Sound Transit to make the Boeing Access Road Station 3reality. If you have any questions, please contact Brandon Miles, Director of Government Relations and Strategic Initiatives, at Brandon. Miles@TukwiLaWA.gov. ArnlenPopyon Verna Seat KateKnuKer Dennis Martinez Council President Counciirnernber Counciirnennber Counoiirnennber Hannah Hedrick Joe Torres Carnaoho Jane Ho Counoibnennber Counoibnernber Counoibnernber 84