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HomeMy WebLinkAbout09/24/2025 STUDY SESSION AGENDA PACKETPlease contact City.Clerk@bremertonwa.gov or (360) 473-5323 up to 24 hours prior to the meeting to request Americans with Disabilities Act (ADA) accommodations. CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280 SEPTEMBER 24, 2025 CITY COUNCIL STUDY SESSION 5:00 PM in COUNCIL CONFERENCE ROOM 603 A. AGENDA BILL BRIEFINGS 1. Amend a motion previously adopted regarding the reappointment of Victoria Hilt to the Bremerton Housing Authority Board of Commissioners – Mayor Greg Wheeler 2. Local Agency Contract with Sound Pacific Construction, LLC for the Systemic Pedestrian Treatment Project – Civil Engineer III Chris Dimmitt 3. Contract with All Stripes, LLC for the Longline Striping Pavement Marking Project – Public Works Operations Manager Ron Moore B. INFORMATION ONLY PRESENTATION – Beginning at approx. 5:15 PM, Estimated 60-minutes 1. Hybrid Shelter Update from Community Partners – Bremerton Housing Authority Executive Director Jill Stanton C. AGENDA BILL BRIEFINGS – Continued 1. Renewal of Lease Agreement with the United States of America regarding Historic Building 50 (Puget Sound Navy Museum) – Contracts Administrator Melinda Monroe 2. Public Hearing on Ordinance recognizing the 1896 vacation of right-of-way on 26th Street, west of Phinney Bay Drive – Managing Engineer Gunnar Fridriksson 3. Public Hearing on Ordinance approving vacation of the north half of the north-south alley located between 5th & 6th Streets, west of Veneta Avenue – Managing Engineer Gunnar Fridriksson 4. Goods and Services Agreement with NW Boiler, LLC for the Purchase of a boiler vessel for the Wastewater Treatment Plant – Wastewater Manager Eric Burris Continued on next page Council Conference Room 603 will be open to the public to attend the Study Session in-person, but there will be no opportunities for input. However, public questions or comments may be submitted at any time to City.Council@bremertonwa.gov. Please remember that the content of the Agenda Bill items is subject to change; and no action at the Study Session is anticipated. If approved by the Council, these items will be placed on the October 1, 2025 City Council Meeting Agenda, or as indicated.  Members of the public may click the link below to join the webinar: https://bremertonwa-gov.zoom.us/j/87318266756?pwd=ZWlMVnVYbFBHYjY5U1RJUmFreDFXUT09  Or One tap mobile: US: +12532050468…87318266756#…*857582# or +12532158782…87318266756#…*857582#  Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 253 205 0468 or +1 253 215 8782 or +1 346 248 7799 or +1 669 444 9171 or +1 669 900 6833 Webinar ID: 873 1826 6756; Passcode: 857582 D. GENERAL COUNCIL BUSINESS 1. Public Works Committee Briefing (Last Meeting 9/16/25) – Chair Jane Rebelowski 2. Audit Committee Briefing (Last Meeting 9/22/25) – Chair Anna Mockler 3. Parks, Finance, Investment, & Parking Committee Briefing (Last Meeting 9/23/25) – Chair Jeff Coughlin 4. Regional and Other Committee/Board Briefings 5. Other General Council Business (As necessary and as time allows) E. ADJOURNMENT OF STUDY SESSION AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: September 24, 2025 Amend a motion previously adopted regarding the reappointment of Victoria Hilt to the Bremerton Housing Authority Board of Commissioners COUNCIL MEETING Date: October 1, 2025 Department: Executive Presenter: Mayor Wheeler Phone: (360) 473-5266 SUMMARY: The Mayor is seeking an amendment to the term of reappointment for Victoria Hilt as a Resident Board Commissioner to the Bremerton Housing Authority. This appointment would expire on September 30, 2030. Bremerton Housing Authority changed its bylaws for Resident Commissioner for term of office to 5-year term. ATTACHMENTS: Application for the City Boards/Commissions/Committees FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to amend a motion previously adopted regarding the reappointment of Victoria Hilt to the Bremerton Housing Authority Board of Commissioners by striking out 'September 30, 2027' and inserting 'September 30, 2030.' COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 A1 1 Jennifer Hayes From:noreply@civicplus.com Sent:Saturday, August 16, 2025 3:30 PM To:WebMaster; Greg Wheeler; Jennifer Hayes Subject:Online Form Submittal: Application for City Boards / Commissions / Committee CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Application for City Boards / Commissions / Committee Date 8/16/2025 First Name VICTORIA Middle Name M Last Name HILT Home Phone Address1 Address2 Field not completed. City BREMERTON State WA Zip 98312 Occupation Strong Community Facilitator Employer Kitsap Strong Work Address1 845 8th St Work Address2 Field not completed. City Bremerton State WA Zip 98337 Work Phone 3604345933 Fax Field not completed. 2 Email Education Some College (Olympic College) Local References Lou Baum, Robin Carson, Katha Miller-Winder, I am interested in serving: Bremerton Housing Authority Is this an application for reappointment? Yes If yes, how many years have you served on this commission or committee? 1 How long have you lived in Bremerton 19 years Why are you applying for this appointment? I am applying for this appointment because I believe it is important for the Board to stay connected to the lived experiences of Housing Authority residents. I want to bring insight and awareness to staff and decision-makers about the resident perspective, while also helping to build stronger connections between the Authority and the community it serves. Additionally, I hope to create pathways for future residents to engage in leadership and representation on the Board. Which of your personal and / or professional interests prompted you to apply for this appointment? Both personally and professionally, I am committed to connecting people, creating pathways for neighbors to support one another, and helping to build stronger communities. As the Strong Community Facilitator for Kitsap Strong, I work with partners across the region to advance trauma-informed, strengths-based, and community-centered approaches that improve the well-being of families. In my many roles—whether through Kitsap Strong, as a former commissioner, or as a member of the Resident Advisory Board—I approach the work with the same commitment: to lift up resident voices, strengthen protective factors, and build resilience. While I am passionate about this work in every setting, for this appointment, my primary focus is grounded in my lived experience as a resident and my service on the Resident Advisory Board. These perspectives give me a unique ability to bridge the experiences of residents with the 3 decision-making of the Board, ensuring both perspectives are honored and connected. Looking ahead, I hope to continue building pathways for resident leadership, creating opportunities for future residents to engage in governance, and ensuring that the Housing Authority remains deeply connected to the community it serves. Have you ever served on any other Bremerton board, commission, committee or task force? If yes, please list. Bremerton Housing Authority, 2016-2021 Please list your qualifications for this appointment (include skills, activities, training, education): Resident of Bremerton Housing Authority (2011–Present) Strong Community Facilitator, Kitsap Strong (2023–Present) Passed Real Estate Broker License Exam (2020) Washington State Poverty Reduction Workgroup Steering Committee (2018–Present) Alliance National Parent Partnership Council (2014–Present) Board of Directors, Children’s Trust Fund Alliance (2021– Present) Co-Chair, Public Policy Committee Co-Chair, Communications Committee Bremerton Housing Authority Board of Commissioners (2016– 2021) Kitsap Community Resources (KCR) Board of Directors (2014– 2019) KCR Policy Council Chair (2012–2016) Founder/Facilitator, People Who Parent Program (2024– Present) Experienced community facilitator in trauma-informed care, protective factors, and hope-centered parenting Advocate and trainer in parent leadership development, resilience-building, and community-centered approaches Experienced in legislative and policy advocacy at local, state, and national levels Skilled in coalition-building, collective impact, and cross-sector collaboration Public speaker and trainer for workshops, panels, and leadership cohorts What are your community interests (committee, organizations, special activities)? The strength and resilience of our community are of deep interest to me. I am passionate about creating spaces where people can become stable so they can thrive—not just survive—and succeed in their journeys. Both professionally and personally, I engage with many different members of our community to support this vision. 4 My community interests include: Advancing trauma-informed, hope-centered, and strengths- based approaches through my work with Kitsap Strong. Supporting parent leadership development and peer connection through the People Who Parent program. Advocating for poverty reduction and equitable housing policies through my service on the Washington State Poverty Reduction Workgroup (Now Economic Justice Alliance). Promoting child and family well-being through national leadership roles with the Children’s Trust Fund Alliance and the Alliance National Parent Partnership Council. Strengthening local resource networks and collaborative solutions through past service with Kitsap Community Resources and ongoing partnership work in Kitsap County. Engaging in community events and coalition activities that build resilience, increase protective factors, and foster belonging for families and residents. At the core of these interests is my commitment to connecting people, building bridges between systems and residents, and ensuring that community voices—especially those of families and residents—help shape the solutions that affect their lives. Please list any accommodations you need to perform volunteer duties: Field not completed. We welcome your willingness to serve Bremerton. Pursuant to the Washington Public Disclosure Act, (RCW 42.56), this form constitutes a public record and is subject to public release upon request. Prior to release, the following information may be redacted pursuant to RCW 42.56.250(3): Residential addresses, residential telephone numbers, personal wireless telephone numbers, personal electronic mail addresses, social security numbers, driver’s license numbers, identicard numbers, and emergency contact information of employees or volunteers of a public agency, and the names, dates of birth, residential addresses, residential telephone numbers, personal wireless telephone numbers, personal electronic mail addresses, social security numbers, and emergency contact information of dependents of employees or volunteers of a public agency. 5 Applicants are considered for appointment without regard to race, color, religion, gender, national origin, sexual orientation, age, genetic information, marital or veteran status, or the presence of any disability. Updated 3/24/2020 Email not displaying correctly? View it in your browser. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: September 24, 2025 Local Agency Contract with Sound Pacific Construction, LLC for the Systemic Pedestrian Treatment Project COUNCIL MEETING Date: October 1, 2025 Department: PW & Utilities Presenter: Chris Dimmitt Phone: (360) 473-2307 SUMMARY: The Systemic Pedestrian Treatment project improves pedestrian crossing safety at the following eight intersections: 13th Street/Veneta Avenue, 13th Street/Chester Avenue, Warren Avenue/4th Street, Sylvan Way/Spruce Avenue, Sylvan Way/Halverson, Sheridan Road/Cherry Avenue, Perry Avenue/Stone Way and Perry Avenue/Holman Street. The improvements include installation of rectangular rapid flashing beacons, curb ramps, pavement markings, signage, and other improvements as needed to complete the pedestrian improvements. Bids were opened for the project on September 16, 2025 and six bids were received. Sound Pacific Construction, is the lowest responsive, responsible bidder with their bid totaling $828,397.00, including sales tax. This lowest responsive and responsible bid is under the engineer’s estimate and within the budgeted amount for the project. The Washington State Department of Transportation is required to concur with the City's recommendation to award the contract, and the City is currently awaiting that concurrence. The contract is in WSDOT standard format as required for Federal Aid Projects. ATTACHMENTS: 1) Local Agency Contract (blank); 2) Bid Tabulation; 3) Location Map FISCAL IMPACTS (Include Budgeted Amount): This project is included in the transportation capital budget and does not require a budget adjustment. STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to award contract for the Systemic Pedestrian Treatment Project to Sound Pacific Construction, LLC in the amount of $828,397.00, including sales tax; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 A2 Washington State Department of Transportation Local Agency Contract THIS AGREEMENT, made and entered into this day of , . between under and by virtue of Title 47 RCW, as amended and hereinafter called the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: I. The Contractor shall do all work and furnish all tools, materials, and equipment for: in accordance with and as described in the attached plans and specifications, and the standard specifications of the which are by this reference incorporated herein and made part hereof and, shall perform any changes in the work in accord with the Contract Documents. The Contractor shall provide and bear the expense of all equipment, work and labor, of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in these Contract Documents except those items mentioned therein to be furnished by Agency . II. Contractor hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same in accord with the attached plans and specifications and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices at the time and in the manner and upon the conditions provided for in this contract. DOT Form 272-006LP Revised 03/2025● Previous Versions Obsolete ● III. The Contractor for itself, and for its successors, and assigns, does hereby agree to full performance of all convenants required of the Contractor in the contract. IV. It is further provided that no liability shall attach to the Contracting Agency by reason of entering into this contract, except as provided herein. IN WITNESS WHEREOF, the Contractor has executed this instrument, on the day and year first below written and has caused this instrument to be executed by and in the name of Contractor the day and year first above written. Contractor: Contractor Authorized Signers Signature Contractor Authorized Signers Name and Position Date ACCEPTED AND APPROVED BY: Local Agency: Local Agency Authorized Signers Signature Local Agency Authorized Name and Position Date DOT Form 272-006LP Revised 03/2025● Previous Versions Obsolete ● AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: 9/24/2025 Contract with All Stripes, LLC for the Long Line Striping and Pavement Marking Project COUNCIL MEETING Date: 10/01/2025 Department: Public Works Presenter: Ron Moore Phone: (360) 473-5333 SUMMARY: The Long line striping and pavement marking project for 2025 – 2027, a three-year contract, was put out to bid and All Stripes, LLC was the lowest bidder. They will apply traffic lane striping and various markings on right-of-way and public properties that are not already covered with other contracted work. ATTACHMENTS: 2025 - 27 Long Line Striping and Pavement Marking Contract. 2025 – 27 Long Line Striping and Pavement Marking Bid Tabulation Document FISCAL IMPACTS (Include Budgeted Amount): This work is identified in the approved budget at $280,000 per year, $840,000 over three-year contract. STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the three-year Contract with All Stripes, LLC for the Long Line Striping and Pavement Marking Project in the amount of $712,487.40; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 A3 2025-2027 LONG LINE STRIPING PAVEMENT MARKING PROJECT PG. 38 CITY OF BREMERTON CONTRACT (PAGE 1 OF 4) THIS AGREEMENT is dated the day of in the year 20___ by and between the City of Bremerton (hereinafter called CITY) and (hereinafter called CONTRACTOR). CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete the WORK as specified or indicated in the CITY's Contract Documents entitled _LONG LINE STRIPING PAVEMENT MARKING PROJECT. ARTICLE 2. CONTRACT TIMES. The WORK shall obtain Physical Completion within 60 working days after the annual commencement date stated in the Notice to Proceed which will be provided on an annual basis. Time is of the essence as to each and every deadline set forth in this agreement. This provision has been specifically negotiated. ARTICLE 3. LIQUIDATED DAMAGES. CITY and the CONTRACTOR recognize that time is of the essence for this Agreement and that the CITY will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Section 1-08.9 of the Standard Specifications which may be modified by the Special Provisions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CONTRACTOR shall pay the CITY liquidated damages in the amount of $1,000 per day after the date of Physical Completion for each phase. ARTICLE 4. CONTRACT PRICE. CITY shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in the amount set forth in the Bid Proposal, which shall include sales tax as provided in Section 1-07.2 (1) of the Standard Specifications. ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Section 1-09.9 of the Standard Specifications which may be modified by the Special Provisions. Applications for Payment will be processed by ENGINEER as provided in the Special Provisions. Pursuant to RCW 60.28 and 1-09.9 (1) Retainage in the amount of 5% of the total contract work shall be withheld from progress estimates and invoices submitted. _____________ Contractor Initials First October 25 All Stripes, LLC 2025-2027 LONG LINE STRIPING PAVEMENT MARKING PROJECT PG. 39 CITY OF BREMERTON CONTRACT (PAGE 2 OF 4) ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR concerning the WORK consist of this Contract and the following attachments to this Contract: • Notice Inviting Bids, • Bidders Checklist, • Bid Proposal including the Proposal Forms, Information Required of Bidder, Bid Bond, and all required certificates and affidavits, • Performance Bond, • Payment Bond, • Standard Specifications, • Amendments to the Standard Specifications, • Special Provisions, • Appendices • Contract Plans, • Addenda numbers _____ to _____, inclusive. • Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto. There are no Contract Documents other than those listed in this Article 6. The Contract Documents may only be amended by Change Order as provided in Section 1-04.4 of the Standard Specifications which may be modified by the Special Provisions. ARTICLE 7. INDEMNIFICATION. The CONTRACTOR and CITY acknowledge and agree that they have negotiated the following in accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW. To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY, ENGINEER, their consultants, subconsultants, and the officers, directors, employees, and agents of each and any of them, against and from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, all claims and liability arising under, by reason of, related, or incidental to the Contract Documents or any performance of the WORK, but not from the sole negligence or willful misconduct of the CITY and/or the ENGINEER as further defined in the Contract Documents. The provisions of this section shall survive the termination of the contract. _____________ Contractor Initials 2025-2027 LONG LINE STRIPING PAVEMENT MARKING PROJECT PG. 40 CITY OF BREMERTON CONTRACT (PAGE 3 OF 4) ARTICLE 8. INSURANCE SEE GSP 1-07.18 Public Liability and Property Damage Insurance The Contractor shall procure and maintain for the duration of this agreement insurance of the types and in the amounts described in GSP 1-07.18 . Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor’s insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City reserves the right to receive a certified copy of all the required insurance policies. In the event that the Contractor employs other contractors (sub-contractors) as part of the work covered by this Agreement, it shall be the Contractor’s responsibility to require and confirm that each sub- contractor meets the minimum insurance requirements specified above. The Contractor shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. ARTICLE 9. ASSIGNMENT No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The CITY, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or all of its duties, rights and/or responsibilities under the Agreement, except with regards to an 2025-2027 LONG LINE STRIPING PAVEMENT MARKING PROJECT PG. 41 CITY OF BREMERTON assignment of funds for security purposes. In the case of an assignment for security purposes the CITY may condition its approval to the extent it deems necessary to assure that there will be adequate funds to complete the WORK and to pay a subcontractors and suppliers. ARTICLE 10. EQUAL EMPLOYMENT OPPORTUNITY STATEMENT In the hiring of employees for the performance of work under this Contract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental, or sensory disability. ARTICLE 11. ADA STATEMENT The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services, and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, CITY and CONTRACTOR have caused this Agreement to be executed the day and year first above written. CITY: City of Bremerton CONTRACTOR By By Attest Attest Address for giving notices Address for giving notices License No. Approved as to Form: Agent for service of process: (Signature) (Title) CONTRACT (PAGE 4 OF 4) Hybrid Shelter Update from Community Partners September 2025 Project Discussion SEPTEMBER 24, 2025 Prepared for Bremerton City Council Study Session B2 The Vision Work together as a community with our City and our County to provide a shelter model in Bremerton that provides a pathway to permanent housing developed around individual needs, human dignity, safety and security, and a holistic approach to healing, health and overcoming barriers to successfully live in permanent quality housing without causing further trauma through the process. Background & Goals Facing a crisis The number of people living in homelessness continues to grow in Bremerton with devastating consequences for our city The Salvation Army will end their overnight shelter operations and there are no other low barrier walk-up shelters in our city Providing a solution to homelessness became a priority for the City of Bremerton Members of the City, County, and Non-Profits came together to find solutions Creating a response to the crisis A hybrid model with a low-barrier congregate shelter, transitional housing, and coordinated services Utilize a security and safety-first approach to ensure the shelter occupants, neighbors, and businesses are safe City of Bremerton, Kitsap County, and non-profits finding a way to develop a shelter with a shared responsibility to address homelessness A city-driven solution supported by the non-profits Key Support Agencies Shelter Development Housing Vouchers Ownership Oversight Mental Health Services Health Care Resources On-Site Mental Health Staff Coordinated Entry Finding Funding Shelter Advocacy Operational Oversight Resource Coordination Community Outreach St. Vincent de Paul A network of friends, inspired by Gospel values, building a more just world through personal relationships with and service to our neighbors in need. Kitsap Community Resources We are committed to creating hope and opportunity for all low-income Kitsap County residents by providing resources that promote self-sufficiency and stability. Kitsap Mental Health Services Offering Hope and Opportunity through comprehensive recovery- oriented behavioral healthcare. Bremerton Housing Authority BHA provides high-quality, stable and sustainable housing and related services to people who have limited financial means. Our work is to help our clients to become economically self-sufficient, while at the same time strengthen communities. We will use our public and private resources efficiently and effectively. Location Requirements Close to Food Availability Sized for Proper Safety and Security Measures Ease of Service Provision Large Enough for Protected DevelopmentClose to Transit Close to Utilities Close to Education Workforce Resources Large Enough for On- Site Parking Expense Category Amount Land Acquisition $2.4M Land Development $2M Pallet/Tiny Home Community $1.4M Congregate Shelter $1M Total Estimate Capital Expenses $6.8M Shelter Capital Costs Contingent on City of Bremerton Requirements Funding Source Amount City of Bremerton (committed)$1.3M Kitsap County (committed)$1.5M Seller Donation (reduced acquisition price)$900K CIAH 2025 (committed)$1.5M WSHFC LAP Loan Funding (approved)$1.5M Total Committed $6.7M Shelter Capital Resources Operational Cost Estimate Based on Salvation Army, Pendleton Place, and other shelter models in Washington State Includes: 24/7 security On-site staffing Food Total Annual Operations Costs $3M Services funded through partner agencies* On-site or off-site mental health services On-site or off-site health services Substance abuse treatment Coordinated Entry to other shelters and transitional housing Foundational Community Support Services Voucher and Public Housing referral program assistance *These services are provided by KMHS, PCHS, KCR, BHA, and other local providers as part of their agency budgets. Site costs (utilities, insurance, building maintenance, landscaping, laundry, etc.) Shelter operational oversight and funding application assistance Potential Resources for Operations Potential resources to cover annual operational expenses: County Shelter Bed Rate - $600k to $1M depending on type and count of shelter beds CIAH Funding Mental Health County Funding from 1/10 of 1% sales tax th City of Bremerton annual contribution State of Washington Commerce grants State of Washington Legislative Direct Awards Charitable contributions from local foundations Department of Health additional bed allowance Total Annual Operations Costs $3M Next Steps for Operations and Outreach Design Concept Bree Medley Architectural Project Manager Architecture Design Consulting Land Use/Zoning 9/2025 11/2025 1/2026 3/2026 5/2026 7/2026 Due Diligence 5/2025 7/2025 Site Development Permit Quonset Hut Plans Non-Habitable Structures Permit Temporary Encampment Permit Purchase and Sale Agreement Signed Estimated Closing Date Anticipated Construction Start A Projected Potential Timeline **Start and completion dates are subject to change. *In parallel with the development of the site, the partner agencies intend to work with the city to conduct community impact analyses and operations planning to ensure the project meets the needs of the community before moving forward. Community Impact Analysis Thank You Jill Stanton Bremerton Housing Authority jstanton@bremertonhousing.org Monica Bernhard Kitsap Mental Health Services monicab@kmhs.org AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: September 24, 2025 Renewal of Lease Agreement with the United States of America regarding Historic Building 50 (Puget Sound Navy Museum) COUNCIL MEETING Date: October 1, 2025 Department: Finance Presenter: Melinda Monroe Phone: (360) 473-5306 SUMMARY: The proposed lease offers the Navy Museum and the United States of America continued occupancy and use of Historic Building 50 (Puget Sound Navy Museum). ATTACHMENTS: Proposed lease; project presentation PPT FISCAL IMPACTS (Include Budgeted Amount): No Budget Impact STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve lease for Real Property with United States of America for use and occupancy of Historic Building 50; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 C1 STANDARD FORM 2 NAVFAC NW VERSION (REV 07/2017) GENERAL SERVICES ADMINISTRATION 06/2003 FPR (41 CFR) 1-16.601 U.S.GOVERNMENT LEASE FOR REAL PROPERTY DATE OF LEASE LEASE NO. THIS LEASE, made and entered into this date by and between whose mailing address is: WITNESSETH: The parties hereto for the considerations hereinafter mentioned, covenant and agree as follows: 1. The Lessor hereby leases to the Government the following described premises to be used for 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on through , subject to termination and renewal rights as may be hereinafter set forth. 3. The Government shall pay the Lessor annual rent of $ at the rate of $ per in arrears. Rent for a lesser period shall be prorated. Rent checks shall be made payable to: 4. The Government may terminate this lease at any time by giving at least days’ notice, in writing, to the Lessor and no rental shall accrue after the effective date of the termination. Said notice shall be computed commencing with the day after the date of mailing. 5. This lease may be renewed at the option of the Government, for the following terms and at the following rental: provided notice be given in writing to the Lessor at least days before the end of the original lease term or any renewal term; all other terms and conditions of this lease shall remain the same during any renewal term. Said notice shall be computed commencing with the day after the date of mailing. ACCOUNTING CLASSIFICATION TO BE CHARGED (DISBURSEMENT) A. CUST ACRN B. APPROPRIA- TION C. SUB- HEAD D. OBJ. CLASS E. BU- CONTROL F. SA G. AAA H. TT I. PAA J. COST CODE K. AMOUNTPIIN ACRN 1 of 29 6. The Lessor shall furnish to the Government, as part of the rental condition, the following: 7. The following are attached and made a part hereof: 8. The following changes were made to this lease prior to its execution: 9. Using Activity: 10. Paying Office: Defense Finance and Accounting Service Cleveland Center P.O. Box 998024 Cleveland OH 44199-8024 IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. LESSOR BY _______________________________________________ (Signature) ___________________________________________________ (Official Title) BY _______________________________________________ (Signature) ____________________________________________________ (Official Title) IN PRESENCE OF BY _______________________________________________ (Signature) ____________________________________________________ (Official Title) UNITED STATES OF AMERICA BY: ________________________________________________ (Signature) ____________________________________________________ (Official Title) N4425525RP00017 2 of 29 GENERAL CLAUSES (Acquisition of Leasehold Interests in Real Property for Leases at or Below the Simplified Lease Acquisition Threshold - SLAT) CLAUSE NO. 48 CFR REF. CLAUSE TITLE 1 GSAR 552.270-4 DEFINITIONS (DEVIATION) 2 GSAR 552.270-6 MAINTENANCE OF THE PROPERTY, RIGHT TO INSPECT (DEVIATION) 3 GSAR 552.270-7 FIRE AND CASUALTY DAMAGE (DEVIATION) 4 GSAR 552.270-9 INSPECTION – RIGHT OF ENTRY 5 GSAR 552.270-10 DEFAULT BY LESSOR (DEVIATION) 6 GSAR 552.270-20 PAYMENT (DEVIATION) 7 GSAR 552.270-27 INTEGRATED AGREEMENT (DEVIATION) 8 GSAR 552.270-14 CHANGES (DEVIATION) 9 GSAR 552.270-8 COMPLIANCE WITH APPLICABLE LAW (DEVIATION) 10 FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS 11 FAR 52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS – PROHIBITION 12 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE 13 Clauses incorporated by reference include: FAR 52.204-2 SECURITY REQUIREMENTS FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL FAR 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST TIER SUBCONTRACT AWARDS FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE FAR 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS FAR 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT N4425525RP00017 7 of 29 FAR 52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION FAR 52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT FAR 52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA FAR 52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA FAR 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS FAR 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN FAR 52.219-16 LIQUIDATED DAMAGES – SUBCONTRACTING PLAN FAR 52.219-28 POST-AWARD SMALL BUSINESS REREPRESENTATION FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES FAR 52.222-26 EQUAL OPPORTUNITY FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES FAR 52.222-37 EMPLOYMENT REPORTS ON VETERANS FAR 52.223-6 DRUG-FREE WORKPLACE FAR 52.232-23 ASSIGNMENT OF CLAIMS FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER SYSTEM – SYSTEM FOR AWARD MANAGEMENT FAR 52.233-1 DISPUTES GSAR 552.204-9 PERSONAL IDENTITY VERIFICATION REQUIREMENTS GSAR 552.270-12 ALTERATIONS GSAR 552.270-16 ADJUSTMENT FOR VACANT PREMISES GSAR 552.270-28 MUTUALITY OF OBLIGATION GSAR 552.270-31 PROMPT PAYMENT 1. GSAR 552.270-4 DEFINITIONS (AUG 2023) (DEVIATION) When a solicitation or contract uses a word or term that is defined in the Federal Acquisition Regulation (FAR) or General Services Acquisition Manual (GSAM), the word or term has the same meaning as the definition in FAR 2.101, GSAM 502.101, or GSAM 570.102 in effect at the time the solicitation was issued or lease contract was awarded, unless - N4425525RP00017 8 of 29 (a) The solicitation, amended solicitation, or lease contract provides a different definition (e.g., R100, L100); (b) An applicable part, subpart, or section of the FAR or GSAM provides a different meaning. 2. GSAR 552.270-6 MAINTENANCE OF THE PROPERTY, RIGHT TO INSPECT (SEP 2022) (DEVIATION) The Lessor shall maintain the property, including the building, building systems, and all equipment, fixtures, and appurtenances furnished by the Lessor under this lease, in good repair and tenantable condition so that they are suitable in appearance and capable of supplying such heat, air conditioning, light, ventilation, safety systems, access and other things to the premises, without reasonably preventable or recurring disruption, as is required for the Government’s access to, occupancy, possession, use and enjoyment of the premises as provided in this lease. (a) For the purpose of so maintaining the premises, the Lessor may at reasonable times enter the premises with the approval of the authorized Government representative in charge. (b) Upon request of the Lease Contracting Officer (LCO), the Lessor shall provide written documentation that building systems have been properly maintained, tested, and are operational within manufacturer's warranted operating standards. (c) The Lessor shall maintain the premises in a safe and healthful condition according to applicable OSHA standards and all other requirements of this lease, including standards governing indoor air quality, existence of mold and other biological hazards, presence of hazardous materials, etc. (d) The Government shall have the right, at any time after the lease award date and during the term of the lease, to inspect all areas of the property to which access is necessary for the purpose of determining the Lessor’s compliance with this clause. 3. GSAR 552.270-7 FIRE AND CASUALTY DAMAGE (SEP 2022) (DEVIATION) (a) If the building in which the premises are located is totally destroyed or damaged by fire or other casualty, this lease shall immediately terminate. (b) If the building in which the premises are located are only partially destroyed or damaged, so as to render the premises untenantable, or not usable for their intended purpose: (1) The Lessor shall have the option to elect to repair and restore the premises or terminate the lease. (2) Unless otherwise approved by the Lease Contracting Officer, the Lessor shall be permitted a reasonable amount of time, not to exceed 270 days from the event of destruction or damage, to repair or restore the premises, provided that the Lessor submits to the Government a reasonable schedule for repair of the premises within 60 days of the event of destruction or damage. (i) If the Lessor fails to timely submit a reasonable schedule for completing the work, the Government may elect to terminate the lease effective as of the date of the event of destruction or damage. (ii) If the Lessor elects to repair or restore the premises, but fails to repair or restore the premises within 270 days from the event of destruction or damage, or fails to diligently pursue such repairs or restoration so as to render timely completion commercially impracticable, the Government may terminate the lease effective as of the date of the destruction or damage. (3) During the time that the premises are unoccupied, rent shall be abated. Termination of the lease by either party under this clause shall not give rise to liability for either party. N4425525RP00017 9 of 29 (4) Nothing in this lease shall be construed as relieving Lessor from liability for damage to or destruction of property of the United States of America caused by the willful or negligent act or omission of Lessor. 4. GSAR 552.270-9 INSPECTION – RIGHT OF ENTRY (SEP 1999) a) At any time and from time to time after receipt of an offer (until the same has been duly withdrawn or rejected), after acceptance thereof and during the term, the agents, employees and contractors of the Government may, upon reasonable prior notice to Offeror or Lessor, enter upon the offered premises or the premises, and all other areas of the building access to which is necessary to accomplish the purposes of entry, to determine the potential or actual compliance by the Offeror or Lessor with the requirements of the solicitation or this lease, which purposes shall include, but not be limited to: (1) Inspecting, sampling and analyzing suspected asbestos-containing materials and air monitoring for asbestos fibers; (2) Inspecting the heating, ventilation and air conditioning system, maintenance records, and mechanical rooms for the offered premises or the premises; (3) Inspecting for any leaks, spills, or other potentially hazardous conditions which may involve tenant exposure to hazardous or toxic substances; and (4) Inspecting for any current or past hazardous waste operations, to ensure that appropriate mitigative actions were taken to alleviate any environmentally unsound activities in accordance with Federal, State and local law. b) Nothing in this clause shall be construed to create a Government duty to inspect for toxic materials or to impose a higher standard of care on the Government than on other lessees. The purpose of this clause is to promote the ease with which the Government may inspect the building. Nothing in this clause shall act to relieve the Lessor of any duty to inspect or liability which might arise as a result of Lessor’s failure to inspect for or correct a hazardous condition. 5. GSAR 552.270-10 DEFAULT BY LESSOR (JUL 2023) (DEVIATION) Occurrence of the following constitutes default by the Lessor and gives rise to the following rights and remedies of the Government: (a) Prior to acceptance of the space. Failure by the Lessor to perform diligently any obligations required for acceptance of the space or other required improvements within the times specified, other than due to an excusable delay, shall constitute a default by the Lessor. Subject to provision of notice of default to the Lessor, and provision of a reasonable opportunity for the Lessor to cure its default, the Government may, in its sole discretion, terminate the lease on account of the Lessor's default. (b) After acceptance of the space. Failure by the Lessor to perform any service, to provide any item, or satisfy any requirement of this lease, other than due to an excusable delay, constitutes a default by the Lessor. Subject to provision of notice of default to the Lessor, and provision of a reasonable opportunity for the Lessor to cure its default, the Government may, in its sole discretion, take one or more of the following actions: (1) Perform the service, provide the item, or obtain satisfaction of the requirement by its own employees or contractors. If the Government elects to take such action, the N4425525RP00017 10 of 29 Government may deduct from rental payments its costs, including administrative costs, incurred in connection with taking the action; (2) Reduce the rent by an amount reasonably calculated to approximate the cost or value of the service not performed, item not provided, or requirement not satisfied, such reduction effective as of the date of the commencement of the default condition. If default renders the leased premises untenable, the reduction of rent may be calculated as the prorated portion of the monthly rent represented by all such days the leased premises is untenantable; (3) Terminate the lease if: (i) The Lessor's default persists notwithstanding provision of notice and reasonable opportunity to cure by the Government, or (ii) The Lessor fails to take such actions as are necessary to prevent the recurrence of default conditions, and such conditions substantially impair the safe and healthful occupancy of the premises, or render the premises unusable for its intended purposes. (c) Damages. The Lessor and the Lessor sureties, if any, are jointly and severally liable for any damages to the Government resulting from default or termination, as provided in this clause. (1) Damages include all costs associated with the replacement lease(s), which include but are not limited to the following: the Government’s aggregate rent, estimated real estate taxes, operating costs, administrative costs, or other reprocurement costs. (2) If the Government procures replacement premises for a term (including all option terms) in excess of this lease term, the Lessor is not liable for excess Government rent or adjustments during such excess lease term. (3) Damages to which the Government is entitled to under this clause are due and payable thirty (30) days following the date the Lessor receives notice from the Contracting Officer specifying such damages. (d) Excusable delays. (1) The Government shall not terminate this lease under this clause nor charge the Lessor with damages under this clause, if: (i) the delay in substantially completing any work or performing any services arises from excusable delays, and (ii) the Lessor, within ten (10) days from the beginning of any such delay (unless extended in writing by the Contracting Officer) provides notice to the Contracting Officer of the causes of delay. (2) The Contracting Officer shall ascertain the facts and the extent of delay. If the facts warrant, the Contracting Officer shall extend the delivery date commensurate with the delay at no additional costs to the Government. A time extension is the sole remedy of the Lessor. (e) No deduction from rent, termination of lease, or any other action pursuant to this clause will constitute a default by the Government under this lease. N4425525RP00017 11 of 29 (f) The rights and remedies specified in this clause are in addition to any and all remedies to which the Government may be entitled as a matter of law. 6. GSAR 552.270-20 PAYMENT (AUG 2023) (DEVIATION) (a) When space is offered and accepted, ANSI/BOMA Occupant Area (ABOA) square footage delivered will be confirmed by either: (1) The Government’s measurement of plans submitted by the successful offeror as approved by the Government, and an inspection of the space to verify that the delivered space conforms with such plans; or (2) A mutual on-site measurement of the space if the Contracting Officer determines it necessary. (b) The Government will not pay for space in excess of the amount of ABOA square footage stated in the lease. (c) If the amount of ABOA square footage delivered is less than the amount agreed to in the lease, the lease will be modified to reflect the amount of ABOA space delivered and the annual rental will be adjusted as follows: ABOA square feet not delivered multiplied by one plus the common area factor (CAF), multiplied by the rate per rentable square foot (RSF). That is: (d) Common Area Factor (CAF). The CAF is expressed as a percentage of the difference between the amount of rentable square feet (SF) and ABOA SF, divided by the ABOA SF. For example 11,500 RSF and 10,000 ABOA SF will have a CAF of 15% (11,500 RSF-10,000 ABOA SF)/10,000 ABOA SF. (e) Rentable Square Footage (RSF). The RSF is calculated using the following formula for each type of space (e.g., office, warehouse, etc.) included in the premises: ABOA SF of Space x (1 + CAF) = RSF. 7. GSAR 552.270-27 INTEGRATED AGREEMENT (SEP 2022) (DEVIATION) This lease, upon execution, contains the entire agreement of the parties and no prior written or oral agreement, express or implied, shall be admissible to contradict the provisions of the lease. Except as expressly attached to and made a part of the lease, neither the request for lease proposals nor any pre-award communications by either party shall be incorporated in the lease. 8. GSAR 552.270-14 CHANGES (SEP 2022) (DEVIATION) (a) The Lease Contracting Officer (LCO) may at any time, by written order, direct changes to the tenant improvements within the space, building security requirements, or the services required under the lease. N4425525RP00017 12 of 29 (b) If any such change causes an increase or decrease in Lessor’s cost or time required for performance of its obligations under this lease, whether or not changed by the order, the Lessor shall be entitled to an amendment to the lease providing for one or more of the following: (1) An adjustment of the delivery date. (2) An equitable adjustment in the rental rate. (3) A lump sum equitable adjustment. or (4) An adjustment of the operating cost base, if applicable. (c) The Lessor must assert its right to an amendment under this clause within 30 days from the date of receipt of the change order and must submit a proposal for adjustment. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, the pendency of an adjustment or existence of a dispute shall not excuse the Lessor from proceeding with the change as directed. (d) Absent a written change order from the LCO, or from a Government official to whom the LCO has explicitly and in writing delegated the authority to direct changes, the Government is not liable to Lessor under this clause. 9. GSAR 552.270-8 COMPLIANCE WITH APPLICABLE LAW (SEP 2022) (DEVIATION) Lessor shall comply with all Federal, state, tribal, and local laws applicable to its ownership and leasing of the property, including, without limitation, laws applicable to the construction, ownership, alteration or operation of all buildings, structures, and facilities located thereon, and obtain all necessary permits, licenses and similar items at its own expense. The Government will comply with all Federal, state, tribal, and local laws applicable to and enforceable against it as a tenant under this lease, provided that nothing in this lease shall be construed as a waiver of the sovereign immunity of the Government. This lease shall be governed by Federal law. 10. FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021) (a) Definitions. As used in this clause— Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information. Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments. Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009). Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information ( 44 U.S.C. 3502). Safeguarding means measures or controls that are prescribed to protect information systems. (b) Safeguarding requirements and procedures. N4425525RP00017 13 of 29 (1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls: (i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems). (ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute. (iii) Verify and control/limit connections to and use of external information systems. (iv) Control information posted or processed on publicly accessible information systems. (v) Identify information system users, processes acting on behalf of users, or devices. (vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems. (vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse. (viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals. (ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices. (x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems. (xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks. (xii) Identify, report, and correct information and information system flaws in a timely manner. (xiii) Provide protection from malicious code at appropriate locations within organizational information systems. (xiv) Update malicious code protection mechanisms when new releases are available. (xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed. (2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556. (c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in N4425525RP00017 14 of 29 which the subcontractor may have Federal contract information residing in or transiting through its information system. 11. FAR 52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS – PROHIBITION (DEC 2023) (a) Definitions. As used in this clause— Covered article, as defined in 41 U.S.C. 4713(k), means— (1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types; (2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153); (3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or (4) Hardware, systems, devices, software, or services that include embedded or incidental information technology. FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201– 1.303(d) and (e): (1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order. (2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order. (3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order. Intelligence community, as defined by 50 U.S.C. 3003(4), means the following— (1) The Office of the Director of National Intelligence; (2) The Central Intelligence Agency; (3) The National Security Agency; N4425525RP00017 15 of 29 (4) The Defense Intelligence Agency; (5) The National Geospatial-Intelligence Agency; (6) The National Reconnaissance Office; (7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs; (8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy; (9) The Bureau of Intelligence and Research of the Department of State; (10) The Office of Intelligence and Analysis of the Department of the Treasury; (11) The Office of Intelligence and Analysis of the Department of Homeland Security; or (12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community. National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency— (1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or (2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy. Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit. Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence. Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information. Source means a non-Federal supplier, or potential supplier, of products or services, at any tier. N4425525RP00017 16 of 29 (b)Prohibition. (1) Unless an applicable waiver has been issued by the issuing official, Contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA orders as follows: (i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply. (ii) For all other solicitations and contracts DHS FASCSA orders apply. (2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1). (3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract. (4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)). However, see paragraph (c) of this clause. (5) (i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following: (A) Name of the product or service provided to the Government; (B) Name of the covered article or source subject to a FASCSA order; (C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror; (D) Brand; (E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); (F) Item description; (G) Reason why the applicable covered article or the product or service is being provided or used; (ii)Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action. N4425525RP00017 17 of 29 (c)Notice and reporting requirement. (1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause. (2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance. (3) (i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause. For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order. (ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the Contractor shall submit the report as follows: (A) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil. (B) For all other contracting offices, the Contractor shall report to the Contracting Officer. (4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause: (i) Within 3 business days from the date of such identification or notification: (A) Contract number; (B) Order number(s), if applicable; (C) Name of the product or service provided to the Government or used during performance of the contract; (D) Name of the covered article or source subject to a FASCSA order; (E) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Contractor; N4425525RP00017 18 of 29 (F) Brand; (G) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); (H) Item description; and (I) Any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (c)(4)(i) of this clause: (A) Any further available information about mitigation actions undertaken or recommended. (B) In addition, the Contractor shall describe the efforts it undertook to prevent submission or use of the covered article or the product or service produced or provided by a source subject to an applicable FASCSA order, and any additional efforts that will be incorporated to prevent future submission or use of the covered article or the product or service produced or provided by a source that is subject to an applicable FASCSA order. (d)Removal. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that is subject to an applicable FASCSA order. (e)Subcontracts. (1) The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (c)(1) of this clause, in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products and commercial services. (2) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the contract and any subcontracts and other contractual instruments under the contract. The Contractor or higher-tier subcontractor shall notify their subcontractors, and suppliers under other contractual instruments, that the FASCSA orders in the solicitation that are not in SAM apply to the contract and all subcontracts. 12. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): N4425525RP00017 19 of 29 https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/browse/index/gsam. 13. The following clauses are incorporated by reference: FAR 52.204-2 SECURITY REQUIREMENTS (MAR 2021) (Applicable when the contract may require access to classified information.) FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) FAR 52.204-10, REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUN 2020) (Applicable if over $30,000 total contract value.) FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) FAR 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) FAR 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (DEC 2023) FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) FAR 52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023) FAR 52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS – PROHIBITION (DEC 2023) FAR 52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (NOV 2021) (Applicable to leases over $35,000 total contract value.) FAR 52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA (AUG 2011) (Applicable when cost or pricing data are required for work or services over $2,000,000.) FAR 52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA (JUN 2020) (Applicable when the clause at FAR 52.215-10 is applicable.) FAR 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (OCT 2022) FAR 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (SEP 2023) ALTERNATE III (JUN 2020) (Applicable to Leases over $750,000 total contract value.) FAR 52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING PLAN (SEP 2021) (Applicable to leases over $750,000 total contract value.) FAR 52.219-28 POST-AWARD SMALL BUSINESS REREPRESENTATION (SEP 2023) (Applicable to leases exceeding the micro-purchase threshold) FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015) FAR 52.222-26 EQUAL OPPORTUNITY (SEP 2016) N4425525RP00017 20 of 29 FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020) (Applicable to leases $150,000 or more, total contract value. Full text may be found at http://www.acquisition.gov) FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020) (Applicable to leases over $15,000 total contract value. Full text may be found at http://www.acquisition.gov) FAR 52.222-37 EMPLOYMENT REPORTS ON VETERANS (JUN 2020) (Applicable to leases $150,000 or more, total contract value.) FAR 52.223-6 DRUG-FREE WORKPLACE (MAY 2001) (Applicable to Leases over the Simplified Lease Acquisition Threshold as well as to any Leases of any value awarded to an individual) FAR 52.232–23 ASSIGNMENT OF CLAIMS (MAY 2014) (Applicable to leases over the micro-purchase threshold.) FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD MANAGEMENT (OCT 2018) FAR 52.233-1 DISPUTES (MAY 2014) GSAR 552.204-9 PERSONAL IDENTITY VERIFICATION REQUIREMENTS (APR 2023) GSAR 552.270-12 ALTERATIONS (SEP 1999) GSAR 552.270-25 SUBSTITUTION OF TENANT AGENCY (SEP 1999) GSAR 552.270-28 MUTUALITY OF OBLIGATION (SEP 1999) GSAR 552.270-31 PROMPT PAYMENT (JUN 2011) The information collection requirements contained in this solicitation/contract, that are not required by regulation, have been approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned the OMB Control No. 3090-0086. N4425525RP00017 21 of 29 N4425525RP00017 22 of 29 N4425525RP00017 23 of 29 N4425525RP00017 24 of 29 N4425525RP00017 25 of 29 N4425525RP00017 26 of 29 N4425525RP00017 27 of 29 N4425525RP00017 28 of 29 Acts of God and Extra-Ordinary Circumstances a) If the building suffers significant structural damage or any defect or significant deterioration that is beyond general maintenance, the City may terminate the lease with 180 days notice to the Government. However, the Government may opt to maintain its tenancy and avoid lease termination by repairing the building at its own cost. In the alternative, the parties may mutually agree to share the cost of repairs. This special provision shall control over General Clauses (2) and (3). N4425525RP00017 29 of 29 Renewal of Lease Agreement with United States of America for Historic Building 50 1 1 Real Estate Transactions Recap •In 1986, the City of Bremerton agreed to lease a 6000 square foot building near the Ferry Terminal from the Navy. During this time, the Museum was referred to as the Bremerton Navy Memorial Museum as well as the Naval Museum of the Pacific. Volunteers staffed the Museum while the City paid the rent and utilities. • In 1998, the City decided it could no longer pay the Museum’s rent, which led the Museum’s non-profit foundation to take over the full operation of the Museum until 2002, when the City began the Construction of the Hampton Hotel and the Kitsap Conference and Convention center. •Negotiations between City officials, former museum foundation Board President Lyle Nelson, and U.S. Congressman Norm Dicks (WA-D) resulted in a decision to create a permanent home for the Museum in historic Building 50. •2004 the City and the Department of the Navy entered into several land transactions transferring land from the Department of the Navy to the City of Bremerton that resulted in the construction of the Harborside Fountain Park, the placement of the USS Parche Sail, the Bremerton Fountains, the Washington State Ferry Tunnel, and the new home and renovation of Historic Building 50 at 251 1st Street adjacent the Harborside Fountain Park. 2 The new proposed 10-year lease continues the relationship between the City of Bremerton and the Department of the Navy and honors the purchase and land sales that were completed in 2004-2006 under the standing legal authority of 10 USC 2661 called out in 2845 NDAA which allows for the good and mutual benefits of both the City of Bremerton and the Department of the Navy. 3 WELCOME TO THE PUGET SOUND NAVY MUSEUM The welcome offered to tourists includes free admission to the Puget Sound Navy Museum and in 2024 resulted in a total of 65,300 visitors generating 62,000 paid lodging nights in the City of Bremerton. As the average City of Bremerton hotel night costs $167 and the lodging tax rate is 4% the PSNM generated $435,000 in lodging tax funds contributing significantly to the $833,000 2025 budget. As the museum sits at end of Pacific Avenue adjacent the entrance to the Puget Sound Naval Shipyard, adjacent the Washington State Ferry Terminal, and at the entrance to the City of Bremerton Harborside Fountain Park, it serves as a welcome to tourists to the City of Bremerton and the building is often used by Kitsap Conference Center attendees to service their outdoor events and by renters of the Harborside Fountain Park. Naval Museum and City Operations 1 4 Of the 10 official U.S. Navy museums located around the country, there is only one other museum operating on City-owned property, the Hampton Roads Naval Museum in Norfolk, VA. The U.S. Navy does not pay for rent/utilities for this museum. Other Navy Museums are located on DoD owned property. As this museum is an official DoD/Navy Entity it is supported by annual congressional appropriations and administered by the U. S. Naval History and Heritage Command in Washington D.C. The operations of this building requires cooperation between the City of Bremerton and the DoD. The City supports the general maintenance of Building 50 including general HVAC, water and electrical service, building systems including exterior maintenance, and grounds maintenance. The average annual budget for operations and maintenance is $50,000 The Puget Sound Naval Museum Foundation and the DoD manage and track the exhibits and volunteers, provides janitorial service and the maintenance of the climate control system and the mass communication system. Additionally, the Navy has reimbursed and paid for major repairs and purchases, such as a carpet replacement, a new climate control system, and will be adding a new CCTV Camera system to assist with building security valued at $230,000. Thank you! 1 5 Puget Sound Navy Museum Project # 49014 Costs 2022 2023 2024 2025 Labor/ Payroll Charges : 1245.25 908.21 8395.40 256.67 Contracts: Fire/ Security Monitoring 1112.96 1113.84 1140.57 934.18 Fire Security Testing 1224.96 2133.57 2966.25 0.00 Security Patrols 3715.04 4020.58 4225.92 2159.92 Otis Elevator 4407.57 3651.68 2822.70 2904.57 HVAC 1001.54 1001.54 1001.54 1001.54 Elevator/ Boiler Certifications 163.40 241.00 191.10 254.70 Total 11625.47 12162.21 12348.08 7254.91 Utility Bills: Century Link 2315.97 2407.07 2701.53 1849.58 PSE 13271.11 14090.65 13091.04 14894.68 Water/ Sewer/ Stormwater 3665.19 3930.10 4164.20 3097.51 Total 19252.27 20427.82 19956.77 19841.77 Supplies 840.45 434.40 1359.01 711.70 Repairs: Fire/ Security 875.76 2598.44 3454.51 0.00 HVAC 10657.66 5173.95 2417.68 0.00 Otis Elevator 0.00 1935.93 2037.80 0.00 Total 11533.42 9708.32 7909.99 0.00 Maintenace Items: Details below 6732.56 2921.21 171463.03 0.00 Grand Total 51229.42 45562.17 221432.28 28065.05 Maintenance Detail 2022 Replacement of gift shop carpet, common space carpet cleaning, window washing 2023 Fix damaged roof downspout drain 2024 Roof and Gutter replacement project, Carpet in first floor gallery (Navy Funded this) AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: September 24, 2025 Public Hearing on Ordinance recognizing the 1896 vacation of right-of-way on 26th Street, west of Phinney Bay Drive COUNCIL MEETING Date: October 1, 2025 Department: Public Works & Utilities Presenter: G. Fridriksson Phone: (360) 473-5758 SUMMARY: The City recognizes and acknowledges an 1896 vacation by operation of law of a portion of 26th Street. The vacated portion of 26th Street lies west of Phinney Bay Drive. Resolution No. 3402 established October 1, 2025 as the public hearing date. ATTACHMENTS: 1. Resolution No. 3402 2. Engineering Staff Report 3. Exhibit Drawing 4. Ordinance No. ____ FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. ____ to recognize the 1896 vacation of 26th Street lying west of Phinney Bay Drive by operation of law of the public right-of-way. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 C2 26th Street Page 1 of 4 ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: Study Session August 27, 2025; Resolution #3402; Public Hearing October 1, 2025 PREPARED BY: GF SUMMARY A. Applicant: City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337 Location: 26th Street lying west of Phinney Bay Drive BACKGROUND The adjacent property owners met with City staff to discuss 26th Street adjacent to their properties. In researching the ROW, it was found: •The Washington State Legislature passed a “Non-User” statute in 1890 that any County road which remains unopened to the public after five (5) years is vacated by operation of law. •The roadway was created by the Plat of Sheridan, Volume 2 of the book of plats, Page 12 on May 18, 1891 and was originally called Clay Street. •There is no evidence that the roadway was open to the public by May 18, 1896. The first adjacent home to this roadway was constructed in 1925. •This area was not annexed into the City until May 12,1961 with Ordinance #2442. •The roadway remains unopened except for a sewer main that the City constructed in this area in 1974 with LID #311. •The City has previously recognized a similar vacation by operation of law for Wycoff Avenue north of 26th Street in June of 2006 with resolution #2995. This portion of Wycoff was also part of the Plat of Sheridan. RIGHT-OF-WAY CONDITIONS EXISTING ROADWAY NEW ROADWAY •Functional Classification N/A N/A •R-O-W Width 60’ N/A 26th Street Page 2 of 4 •R-O-W Areas N/A N/A •Pavement Width None N/A •Surface Type N/A N/A •Curb and Gutter No N/A •Sidewalks No N/A HEARING CONSIDERATIONS BMC 11.20.120 sets forth issues that the City Council needs to determine at the conclusion of the Vacation Hearing. These issues and the staff position are: 1. Whether the street, alley or portion thereof is no longer required for public use and vacation of the described portion will better serve the public good. Staff Position: Not applicable, the street has been vacated by operation of law in 1896. 2. Whether the vacation is consistent with the City Comprehensive Plan. Staff Position: The proposed vacation does not conflict with the Comprehensive Plan. 3. Whether continued use of the proposed vacation as a public way is not of such public benefit as to justify the costs of maintenance. Staff Position: Not applicable, the roadway has not been opened. Existing topography for a roadway would result in an approximate 30% grade overall. 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position: Not applicable. 5. Whether conditions may so change in the future as to provide a greater public use or need than presently exists. Staff Position: There are no anticipated future public transportation needs. 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position: No objections have been received by the adjacent property owners, all four support the City honoring the vacation by operation of law. 26th Street Page 3 of 4 PHOTOS Looking west from Phinney Bay Drive down 26th Street. SHORELINE ACCESS This portion of right-of-way does provide shoreline access. However, RCW 35.79.035 prohibiting the vacation of public streets abutting bodies of water was enacted in 1987, roughly 91 years after the vacation by operation of law would have occurred. UTILITIES The city has a sewer utility in the area that the adjacent property owners have agreed to provide an easement for. Franchised utilities will need to coordinate with the adjacent property owners as well. SUFFICIENCY OF SIGNATURES RCW 11.20.070 Petition for Vacation by Abutting Property Owners: 2/3 signature requirement doesn’t apply, as this is a recognition and honoring of the 1896 vacation by operation of law. 26th Street Page 4 of 4 COMPENSATION Class lII Right of Way requires no compensation. STAFF RECOMMENDATION Staff recommends Approval to recognize and honor the vacation by operation of law. Page 1 of 2 City Ordinance Form Vacation of a portion of 26th Street Rev. 03/2024 ORDINANCE NO. ________ AN ORDINANCE of the City Council of the City of Bremerton, Washington, recognizing the 1896 vacation of 26th Street lying west of Phinney Bay Drive. WHEREAS, a portion of 26th Street was dedicated as a county road in 1891 in an area that was subsequently annexed into the City of Bremerton in 1961; and WHEREAS, the laws in effect at the time of the dedication required the roadway to be opened for public use within five (5) years of dedication. The road was not opened by 1896, therefore, the roadway was automatically vacated by operation of law; and WHEREAS, the City desires to recognize and acknowledge that the portion of 26th Street lying west of Phinney Bay Drive has been vacated by operation of law; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City of Bremerton hereby recognized and acknowledges that, pursuant to the Laws of 1889-1890, Section 32, Chapter 19, the portion of 26th Street lying west of Phinney Bay Drive has been vacated by operation of law. SECTION 2. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decisions shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. Page 2 of 2 City Ordinance Form Vacation of a portion of 26th Street Rev. 03/2024 PASSED by the City Council the___________ day of ____________________, 2025. _________________________________ ERIC YOUNGER, Council President Approved this ________ day of ________________________, 2025. _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ _________________________________ ANGELA HOOVER, City Clerk KYLIE J. FINNELL, City Attorney PUBLISHED the ________ day of ______________________, 2025. EFFECTIVE the ________ day of ______________________, 2025. ORDINANCE NO. ________. R:\Legal\Legal\Forms\FORMS ON COBWEB\City Ordinance Form Rev. 03 2024.docx AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: September 24, 2025 Public Hearing on Ordinance approving vacation of the north half of the north-south alley between 5th and 6th Streets, west of Veneta Avenue COUNCIL MEETING Date: October 1, 2025 Department: Public Works & Utilities Presenter: G. Fridriksson Phone: (360) 473-5758 SUMMARY: The adjacent property owner has petitioned the City to have the north half of the alley vacated in order to expand the existing school campus. This alley is bounded by 6th and 5th Streets, lying directly west of Veneta Avenue. Resolution 3403 was adopted, establishing October 1, 2025 as the public hearing date. ATTACHMENTS: 1. Resolution No. 3403 2. Engineering Staff Report 3. Exhibit Drawing 4. Ordinance No. ____ FISCAL IMPACTS (Include Budgeted Amount): The ROW is Class II requiring compensation from the applicant. STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No._______ to vacate the north half of the north-south alley lying west of Veneta Avenue between 6th and 5th Streets. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 C3 Star of the Sea Alley Vacation Request Page 1 of 4 ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: Study Session August 27, 2025; Resolution #3403; Public Hearing October 1, 2025 PREPARED BY: GF SUMMARY A. Applicant: Corporation of the Catholic Archbishop of Seattle 710 Ninth Avenue Seattle, WA 98104 Location: North half of the north-south alley lying west of Veneta between 6th and 5th Streets BACKGROUND The adjacent property owner has petitioned the City to vacate the north half of the alley lying between 6th and 5th Streets west of Veneta Avenue lying in Block 1 of the Plat of Peter Hesser’s First Addition to the City of Bremerton, as per plat recorded in Volume 3 of the book of plats, Page 38, records of Kitsap County. This Vacation will allow for construction of a new building and the continuing development of the Star of the Sea Catholic Church campus which would be constrained due to setbacks from the existing alley. RIGHT-OF-WAY CONDITIONS EXISTING ROADWAY NEW ROADWAY •Functional Classification Alley N/A •R-O-W Width 14’ N/A •R-O-W Areas N/A N/A •Pavement Width 14’ N/A •Surface Type Asphalt N/A •Curb and Gutter No N/A •Sidewalks No N/A Star of the Sea Alley Vacation Request Page 2 of 4 HEARING CONSIDERATIONS BMC 11.20.120 sets forth issues that the City Council needs to determine at the conclusion of the Vacation Hearing. These issues and the staff position are: 1. Whether the street, alley or portion thereof is no longer required for public use and vacation of the described portion will better serve the public good. Staff Position: The alley vacation will better serve the community by allowing the adjacent property owner to expand the existing school campus and construct a new facility for students. In addition, this development will remove the existing non-compliant alley driveway and replace it with standard sidewalk, curb and gutter improving ADA passage and eliminating a potential vehicle conflict point along the 6th Street corridor. 2. Whether the vacation is consistent with the City Comprehensive Plan. Staff Position: The proposed vacation does not conflict with the Comprehensive Plan. 3. Whether continued use of the proposed vacation as a public way is not of such public benefit as to justify the costs of maintenance. Staff Position: The proposed area is a portion of the alley and circulation for the block will be maintained by the remaining portion of the alley. 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position: There are no plans to use this alley as a thoroughfare to improve circulation in this area. Elimination of the driveway for the alley on 6th Street will also remove a potential vehicle conflict point for the 6th Street corridor with the forthcoming Active Transportation Project. 5. Whether conditions may so change in the future as to provide a greater public use or need than presently exists. Staff Position: There are no anticipated future public transportation needs. 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position: No other private property abuts this Vacation. Star of the Sea Alley Vacation Request Page 3 of 4 PHOTOS Looking north down alley towards 6th Street. Looking south down alley towards 5th Street. Star of the Sea Alley Vacation Request Page 4 of 4 SHORELINE ACCESS This portion of right-of-way does not provide shoreline access. UTILITIES The city has no utilities in the proposed area to be vacated. Franchised utilities have coordinated with Applicant on the proposed Vacation. SUFFICIENCY OF SIGNATURES RCW 11.20.070 Petition for Vacation by Abutting Property Owners: 2/3 signature requirement doesn’t apply, as the Vacation abuts the subject property and existing adjacent Right of Way on all sides of proposed Vacation. COMPENSATION Class II Right of Way requires 50% compensation. STAFF RECOMMENDATION Staff recommends Approval to vacate the north half of the alley to the applicant. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ..., 1/~- 1 1 1 S45"08'11"wI 1 6.35'1 TTEO S89·4 7'33 ALLEY 19.50' 1 1 1 -,~0 1 1 OV\ro00'?J",0 1 eX) lC) 1 1 0)«;'V ~.o~~C\j~ro .~0 e--, 1 e 0'a«'r~.~,\o~1 I'<) x,(;'l'~~~ 1 o e '?J') 1~~~ro~~.~l' 1 «;<.«l... I ,.... 'J'1 II) ~(y'Q.. 1 1 ~ 1 ::::: '"r v 1 ~ I / I I 1 1 1 1 NE Cor.N.---, SW~b 221.23'66~iJ South R/W 65.3'(M) 6th STREET I I -s 1C5 1 1 1 ~1 1 ::::: 1~ 1 1 1 \:) 1II)...... 1 0 (..) 1§ 1 1 1 1 1 1 LEGEND (0)=Deed Measuremen t (M)=Measuremen t per ~ th ~is Survey I ~ 5th 12'5-2()Zf STREET SCALE 1"=30' for STAR OF THE SEA CHURCH AE ,.~__.........CONSULTANTS INC P.o.BOX 930 •SILVERDALE.WA.98383 • EXHIBIT MAP OWN BY:CHK.BY: B.J.M.S.E.O. DATE:JOB No. 12/03/24 7489 Page 1 of 2 City Ordinance Form Vacation of a portion of Alley – Star of the Sea Rev. 03/2024 ORDINANCE NO. ________ AN ORDINANCE of the City Council of the City of Bremerton, Washington, vacating the north half of the north-south alley lying west of Veneta Avenue between 6th and 5th Streets. WHEREAS, the Corporation of the Catholic Archbishop of Seattle has initiated the vacation in accordance with Bremerton Municpal Code (BMC) 11.20.070; and WHEREAS, the alley to be vacated will better serve the community by allowing the Star of the Sea Catholic School to expand the existing school campus and construct a new facility for students; and WHEREAS, the City passed Resolution No. 3403 setting a hearing date to consider the vacation, to take public comment or consider written objections to the vacation; and WHEREAS, one hundred percent of the property owners abutting said right-of- way have agreed to vacate said right-of-way prior to the time set for public hearing herein; and WHEREAS, a public hearing was held by City Council with proper notice on October 1, 2025, in the City Council Chambers of the Norm Dicks Government Center to take public comment or consider written objections to the vacation; and WHEREAS, the City Council has determined that it is in the best interest of the public to proceed with the vacation; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are incorporated as if fully set forth herein. SECTION 2. Easements. No easements are reserved. SECTION 3. Vested Rights. No vested rights shall be affected by the provisions of this ordinance. SECTION 4. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decisions shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 5. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. Page 2 of 2 City Ordinance Form Vacation of a portion of Alley – Star of the Sea Rev. 03/2024 PASSED by the City Council the___________ day of ____________________, 2025. _________________________________ ERIC YOUNGER, Council President Approved this ________ day of ________________________, 2025. _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ _________________________________ ANGELA HOOVER, City Clerk KYLIE J. FINNELL, City Attorney PUBLISHED the ________ day of ______________________, 2025. EFFECTIVE the ________ day of ______________________, 2025. ORDINANCE NO. ________. R:\Legal\Legal\Forms\FORMS ON COBWEB\City Ordinance Form Rev. 03 2024.docx AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: 09-24-25 Goods and Services Agreement with NW Boiler, LLC for the Purchase of a Boiler Vessel for the Wastewater Treatment Plant COUNCIL MEETING Date: 10-01-25 Department: PW&U-WWTP Presenter: Eric J. Burris Phone: (360) 473-5448 SUMMARY: The boiler at the wastewater treatment plant needs a new hot water boiler vessel. The vessel is at the end of its lifespan and has been rebuilt several times over the years. The existing hot water vessel cannot be rebuilt again. Staff procured a quote for a new vessel from NW Boilers for a new hot water vessel for $161,420 including taxes, shipping and installation. ATTACHMENTS: 1) Goods and Services Agreement; 2) Sales quote from NW boilers; 3) Sole source justification memo FISCAL IMPACTS (Include Budgeted Amount): Funding is available through 2025-2026 WWTP Capital Improvement budget STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of a new boiler vessel from NW Boiler LLC though a Goods and Services Agreement for $161,420 including tax, shipping and installation; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 C4 Page 1 of 8 Goods and Services Agreement Rev. 04/2023 GOODS AND SERVICES AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and NW Boiler ("Vendor"), whose mailing address is: 17631 147th St SE, STE 1, Monroe, WA 98272 The parties agree as follows: I. VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services for the City: Direct Replacement Burnham Hot Water Boiler per Quote #0001616, Order #983033 II. TIME OF COMPLETION. Vendor shall complete the work and provide all goods, materials and services within 60 calendar days from the date all parties have signed this Agreement. III. COMPENSATION. The City shall pay the Vendor the total amount of $161,420.00 including applicable Washington State Sales Tax, for the goods, materials and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Net 30 Days from Date of Delivery A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services on its own or from a third party, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct the cost to complete this Agreement, including any Additional Costs, from any and all amounts due or to become due the Vendor. IV. INDEPENDENT CONTRACTOR. Vendor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Vendor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Vendor, officer, agents, employees and subcontractors. The Vendor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Vendor's officers, agents, employees and subcontractors. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Vendor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of this Agreement. Page 2 of 8 Goods and Services Agreement Rev. 04/2023 B. The Vendor's failure to complete this Agreement within the time specified in this Agreement. C. The Vendor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Vendor's failure to comply with federal, state or local laws, rules or regulations. E. The Vendor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this Agreement for good cause, the Vendor shall not receive any further monies due under this Agreement until the goods, materials, and services required by this Agreement are completed and fully performed by the City or a third party of the City’s choosing. VI. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to an authorized agent of the City within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Vendor. If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Vendor's protest. b. The nature and circumstances that caused the protest. c. The provisions in this Agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. Page 3 of 8 Goods and Services Agreement Rev. 04/2023 3. The Vendor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Vendor's Duty to Complete Protested Work. In spite of any protest, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. C. Vendor's Acceptance of Changes. The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interp retations, and determination). VII. CLAIMS. The Vendor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Vendor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Vendor's written claim must include the information set forth regarding protests in Section VI(A)(2)(a)-(e). FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Vendor must, in any event, file any claim or bring any suit arising from or connected with this Agreement within 120 calendar days from the date the contract work is complete. VIII. WARRANTY. The Vendor shall correct all defects in workmanship and materials within Page 4 of 8 Goods and Services Agreement Rev. 04/2023 one year from the date of the City's acceptance of the contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. IX. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement. Vendor’s obligation to indemnify shall not extend to that portion of damages caused by the City’s sole negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 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 Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. X. INSURANCE. The Vendor shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the contract work by the Vendor, its agents, representatives, employees or subcontractors. Before beginning work on the project described in this Agreement, the Vendor shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4. Professional Liability insurance with limits no less than $1,000,000 limit per Page 5 of 8 Goods and Services Agreement Rev. 04/2023 occurrence/claim; and 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Vendor. All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which shall be provided on a “claims-made” basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Vendor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies. The Vendor's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Vendor's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Vendor to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy required herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. XI. MISCELLANEOUS. A. Licenses and Taxes. Vendor shall possess a current Bremerton Business License and any regulatory license required to fulfill Vendor's obligations under this Agreement. B&O taxes shall be paid when due, and Vendor, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes which have been declared delinquent. B. Conflict and Precedence. In the event of a conflict between the contract documents, the document which rates higher on the following list shall take precedence: 1. Amendments / Change Orders to Goods and Services Agreement 2. Goods and Services Agreement 3. Specifications 4. Terms and Conditions 5. Vendor’s Proposal Page 6 of 8 Goods and Services Agreement Rev. 04/2023 C. Documents Incorporated by Reference. The following documents are incorporated by reference, including but not limited to: 1. Terms and Conditions, 2. Specifications, 3. Proposal, and 4. Non-Collusion Affidavit. D. Use of Photographs and Images. Vendor shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Vendor or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. E. Equal Employment Opportunity Statement. In the hiring of employees for the performance of work under this Agreement, the Vendor, its subcontractors, or any person acting on behalf of Vendor shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. F. ADA Statement. The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. G. Compliance with Laws. Vendor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement. H. Prevailing Wages. Vendor shall file a “Statement of Intent to Pay Prevailing Wages” with the State of Washington Department of Labor & Industries prior to commencing the contract work. Vendor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. I. Work Performed at Vendor's Risk. Vendor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this Agreement. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. J. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Vendor under any of the provisions of this Agreement, resolution of that dispute shall be available exclusively under the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. Page 7 of 8 Goods and Services Agreement Rev. 04/2023 K. Attorney's Fees. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section IX of this Agreement. L. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement. Notices to be sent to: Notices to be sent to: CITY: VENDOR: Attn: Eric Burris Attn: Chris Scott City of Bremerton NW Boiler 345 6th Street, Suite 100 17631 147th St, Ste1 Bremerton, WA 98337-1891 Monroe, Washington 98272 M. Assignment. Any assignment of this Agreement by the Vendor without the written consent of the City shall be void. N. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. O. Severability. If any one or more sections, subsections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect. P. Suspension & Debarment. For contracts involving Washington State or Federal funding, Vendor hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Washington State, Federal department, or agency. Vendor shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Vendor enter into a covered transaction with another firm, Vendor agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. . Q. Entire Agreement. The written provisions and terms of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this Agreement. This Agreement and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. Page 8 of 8 Goods and Services Agreement Rev. 04/2023 IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: VENDOR: CITY OF BREMERTON NW BOILER By: By: Print Name: Print Name: Its: Its: Date: Date: APPROVED AS TO FORM: ATTEST: By: By: KYLIE J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Goods and Services Agreement Rev. 04 2023.docx Parties also subject to Terms & Conditions in attached GSA. Chance Berthiaume Digitally signed by Chance Berthiaume Date: 2025.09.12 14:20:02 -07'00'