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HomeMy WebLinkAbout10/01/2025 CITY COUNCIL AGENDA PACKET ______________________________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337  Phone (360) 473-5280 WEDNESDAY, OCTOBER 1, 2025 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00 – 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. Review of Agenda B. General Council Business (Only as necessary) 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS 3. CONSENT AGENDA A. Claims & Check Register B. Minutes of Council Meeting - September 17, 2025 C. Minutes of Study Session - September 24, 2025 D. Amend a motion previously adopted regarding the reappointment of Victoria Hilt to the Bremerton Housing Authority Board of Commissioners E. Local Agency Contract with Sound Pacific Construction, LLC for the Systemic Pedestrian Treatment Project F. Contract with All Stripes, LLC for the Long Line Striping and Pavement Marking Project G. Goods and Services Agreement with NW Boiler, LLC for the Purchase of a Boiler Vessel for the Wastewater Treatment Plant Continued on next page Council Members and staff will be participating in the meeting in-person, and the public is invited to attend. Or beginning at 5:30 PM, the public may participate remotely through one of the following options:  To stream online only (via BKAT Feed, with no interaction possible): https://bremerton.vod.castus.tv/vod/?live=ch1&nav=live  Members of the public are invited to join the Zoom Meeting by clicking on the link below: https://bremertonwa-gov.zoom.us/j/89694813320?pwd=Z0JvSXNhSFp1c0xhL1NxUjRhN20xUT09  Or One tap mobile: US: +12532050468…89694813320#...*173061# or +12532158782…89694813320#...*173061#  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 +1 669 444 9171 or +1 669 900 6833 Webinar ID: 896 9481 3320; Passcode: 173061 Public questions or comments may be submitted ahead of time to City.Council@bremertonwa.gov Please 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. 4. PUBLIC HEARINGS A. Public Hearing on Ordinance No. 5519 recognizing the 1896 vacation of right-of-way on 26th Street, west of Phinney Bay Drive B. Public Hearing on Ordinance No. 5520 approving vacation of the north half of the north-south alley located between 5th & 6th Streets, west of Veneta Avenue 5. GENERAL BUSINESS A. Renewal of Lease Agreement with the United States of America regarding Historic Building 50 (Puget Sound Navy Museum) 6. MAYOR'S REPORT 7. COUNCIL MEMBER REPORTS 8. ADJOURNMENT OF CITY COUNCIL MEETING AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: N/A Claims & Check Register COUNCIL MEETING Date: October 1, 2025 Department: Legal Services Presenter: Angela Hoover Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1. Check Numbers 412396 – 412523 and EFT Numbers V44501 - V44605 in the grand total amount of $4,231,682.56 2. Regular Payroll for pay period ending September 15, 2025 in the amount of $ 1,186,978.15 3. Regular Payroll Payout for the pay period ending September 15, 2025 in the amount of $ 3,788.06 4. Retiree Payroll for pay period ending September 30, 2025 in the amount of $37,832.38 ATTACHMENTS: FISCAL IMPACTS: STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Claims & Check Register as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 3A AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Council Meeting – September 17, 2025 Study Session Date: N/A COUNCIL MEETING Date: October 1, 2025 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes for the Council Meeting held on September 17, 2025 are attached. ATTACHMENTS: Council Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Mo ve to approve the September 17, 2025 Council Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 3B CITY COUNCIL HYBRID MEETING MINUTES Wednesday, September 17, 2025 The bi-weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, September 17, 2025, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, in Bremerton, Washington, with Council President Eric Younger presiding. Council Members present were Jennifer Chamberlin, Denise Frey (5:30 PM remotely), Jeff Coughlin (5:30 PM), Jane Rebelowski, Michael Goodnow, and Anna Mockler (5:30 PM remotely). At 5:30 PM, the meeting moved to the First Floor Meeting Chambers. Also present were City Attorney Kylie Finnell; Assistant City Attorney Brett Jette; City Clerk Angela Hoover; Legislative Assistant Christine Grenier; and IT Manager Dave Sorensen. President Younger announced the City Council is conducting the Council Meeting in-person, and because community involvement is encouraged, the public is invited to also join the meeting in person or participate via a remote option through Zoom or view on BKAT ; and encouraged anyone who wishes to speak tonight, to print their name clearly on the sign-in sheet to be included in the final meeting record. The agenda was amended to change the length of discussion from 20-minutes to 10-minutes for Item 8A Executive Session. MAYOR’S REPORT – Mayor Wheeler provided highlights of the following:  Cascade Trail Stormwater System and Paving Update  City of Bremerton Poet Laureate Update  Shade Trees for Haddon Park  Sinclair Inlet Clean Up on September 20 from 11:00 AM to 2:00 PM  Tree Give-Away Program on September 20 from 1:00 to 3:00 PM CONSENT AGENDA 4A – Check Numbers 412243 through 412395; Electronic Fund Transfers V44392 through V44500 in the grand total amount of $3,991,339.57; Regular Payroll for pay period ending August 31, 2025 in the amount of $1,111,970.75; and Regular Payroll Payout for the pay period ending August 31, 2025 in the amount of $423.15. 4B – Minutes of Council Meeting – September 3, 2025 4C – Minutes of Study Session – September 10, 2025 4D – Purchase of Ford F-750 truck with Hook-lift System and Snowplow 4E – Conservation Grant Agreement with Puget Sound Energy for LED Retrofit Phase 6 4F – Contract Modification Agreement No. 7 with Parametrix, Inc. for Engineering Services for the Kitsap Lake Park Renovation Project 4G – Resolution No. 3404 to Modify Parking on a portion of Almira Avenue from head-in to back-in angle parking 4H – Local Programs State Funding Agreement with WSDOT for the 6th Street Active Transportation Project There were no questions or comments from the public. 5:38 PM M/S/C/U (Chamberlin/Rebelowski) Move to approve the CONSENT AGENDA as presented. Motion carried unanimously. City Council Reg. Mtg. Minutes Wednesday, September 17, 2025 Page 2 of 3 President Younger announced that as indicated on the Agenda, Public Recognition provides an opportunity for attendees to address the Council on any issue not already on tonight’s agenda and provided a reminder that now that it is election season, to refrain from any comments on political campaigns or ballot measures. There will be no public comments accepted via Zoom, unless prior arrangements were made through the City Clerk by calling (360) 473-5323 or sending an email to City.Clerk@bremertonwa.gov at least 24-hours prior to the meeting. We only ask that you state your name for the record and please limit your comments to 3-minutes or less. A timer system will be used so that everyone is treated fairly. PUBLIC RECOGNITION – Questions and comments from the public were submitted by Jose Camacho, Pastor Josh Bartels, Michael Simonds, Adrian Wright, Mary Lou Long, Kimmy Siebens, Nate Axtell, Robin Weldin, Chance Corey, Dianne Iverson, Reama Schuldt. GENERAL BUSINESS 6A – RENEWAL OF PROFESSIONAL SERVICES AGREEMENT WITH IMPERIAL PARKING INC. FOR PARKING ENFORCEMENT AND MANAGEMENT SERVICES: Contracts Administrator Melinda Monroe summarized that the City would like to offer a renewal of the Parking Enforcement and management services agreement to Imperial Parking Services, Inc. / dba Impark. Questions and comments from the public were provided by Reama Schuldt. 6:18 PM Motion was made by Coughlin; and Seconded by Chamberlin. Questions or comments were provided by Coughlin, Chamberlin, Rebelowski, Mockler; with responses provided by Ms. Monroe. 6:35 PM M/S/C/U (Coughlin/Chamberlin) Move to approve the agreement with Imperial parking services as presented and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. Motion carried unanimously. COUNCIL MEMBER REPORTS Anna Mockler recently hosted an Eco-Forum; announced her next District 6 Town Hall Meeting on Monday, October 13th featuring “Government 101”; and announced that applications will be accepted for a community member position on the Audit Committee; and responded to comments made during Public Recognition. Michael Goodnow announced the Wycoff Overpass Mural Project Ribbon Cutting Ceremony on Saturday, September 27 from 1:00 to 2:30 PM; and responded to comments made during Public Recognition. Jane Rebelowski recently hosted a Homelessness Forum; announced her next District 4 Community Meeting featuring a Status Update on the Council’s Goals and Priorities with the date to be determined; and thanked the community for attending tonight’s meeting. Jeff Coughlin responded to comments made during Public Recognition; discussed budget shortfalls being faced by Bremerton and Kitsap County; reported on last weekend’s Bridging Bremerton event; currently participating in Citizen’s Police Academy; and announced the Kitsap Children’s Museum event on Saturday, September 27 from 10:00 AM to 2:00 PM in the Norm Dicks Government Center. Denise Frey responded to comments made during Public Recognition. Jennifer Chamberlin responded to comments made during Public Recognition. City Council Reg. Mtg. Minutes Wednesday, September 17, 2025 Page 3 of 3 EXECUTIVE SESSIONS At 6:56 PM, President Younger announced the Council would meet for 10-Minutes to discuss Potential Litigation as allowed under RCW 42.30.110 (1)(i). Public comments will be accepted on this item, with action anticipated. At 7:08 PM, President Younger called the meeting back to order; and asked Assistant City Attorney Brett Jette to explain the action before the Council. Questions and comments from the public were submitted by Jose Camacho, Michael Simonds, Chance Corey. 7:20 PM Motion was made by Chamberlin and seconded by Rebelowski. 7:20 PM M/S/C/U (Chamberlin/Rebelowski) Move to approve the Purdue Pharma and Sackler Settlement Agreement and the Generic Opioid Manufacturers Multi-State Settlement Agreements for Alvogen, Inc., Apotex Corp., Amneal Pharmaceuticals LLC, Hikma Pharmaceuticals USA Inc., Indivior Inc., Viatris Inc. (“Mylan”), Sun Pharmaceutical Industries, Inc., Zydus Pharmaceuticals USA, Inc. related to opioids; and to authorize the Mayor to execute the Participation Forms, Allocation Agreement IV, and any other necessary release forms in the same or similar form as presented. Motion carried unanimously At 7:20 PM, President Younger announced the Council would meet for 30-Minutes to discuss Legal Risks of Current or Proposed Action as allowed under RCW 42.30.110 (1)(i). No action anticipated At 7:53 PM, President Younger called the meeting back to order. President Younger announced the next Study Session on Wednesday, September 17th beginning at 5:00 PM in the Council Conference Room. The public is welcome to attend the meeting in-person or remotely via Zoom, but there will be no opportunity to comment and no action will be taken. With no further business, President Younger adjourned the Council Meeting at 7:53 PM. Prepared & Submitted by: CHRISTINE GRENIER Legislative Assistant APPROVED by the City Council on the 1st day of October 2025. ERIC YOUNGER, City Council President Attest: ANGELA HOOVER, City Clerk EY:AH:CG AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Study Session – September 24, 2025 Study Session Date: N/A COUNCIL MEETING Date: October 1, 2025 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes for the Study Session held on September 24, 2025 are attached. ATTACHMENTS: Council Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Mo ve to approve the September 24, 2025 Study Session Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 3C CITY COUNCIL STUDY SESSION MINUTES Wednesday, September 24, 2025 A Study Session of the City Council of the City of Bremerton was called to order on Wednesday, September 24, 2025, at 5:00 PM in Council Conference Room 603 located in the Norm Dicks Government Center at 345 6th Street, with Council President Eric Younger presiding. Other Council Members present were Jennifer Chamberlin, Denise Frey, Jeff Coughlin, Jane Rebelowski, Michael Goodnow, Anna Mockler. Legislative Office Manager Anne Williams provided staff support. President Younger announced that Study Sessions are always open for the public to attend in-person or view remotely; that tonight’s agenda was amended to add an Executive Session under Item C1, with action anticipated; and that any of the items approved for action by the Council tonight will be placed on the October 1, 2025 Council Meeting Agenda or as otherwise determined. It was further established that questions or comments by the public may be submitted on any item at any time by email to City.Council@bremertonwa.gov. And reminded everyone that audio recordings will be available online within a few days following the meeting. 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. To be placed on October 1 Council Meeting Consent Agenda. 2. Local Agency Contract with Sound Pacific Construction, LLC for the Systemic Pedestrian Treatment Project – Civil Engineer III Chris Dimmitt. To be placed on October 1 Council Meeting Consent Agenda. 3. Contract with All Stripes, LLC for the Longline Striping Pavement Marking Project – Public Works Operations Manager Ron Moore. To be placed on October 1 Council Meeting Consent Agenda. B. INFORMATION ONLY PRESENTATION 1. Hybrid Shelter Update from Community Partners – CEO of Kitsap Mental Health Services Monica Bernhard and Bremerton Housing Authority Executive Director Jill Stanton. President Eric Younger called a break from 6:56 to 7:10 PM. 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. To be placed on October 1 Council Meeting General Business. 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. To be held on October 1 Council Meeting. 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. To be held on October 1 Council Meeting. City Council Study Session Minutes Wednesday, September 24, 2025 Page 2 of 2 2 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. To be placed on October 1 Council Meeting Consent Agenda. D. GENERAL COUNCIL BUSINESS 1. Public Works Committee Briefing (Last Meeting 9/16/25) – Chair Jane Rebelowski reported. 2. Audit Committee Briefing (Last Meeting 9/22/25) – Chair Anna Mockler reported. 3. Parks, Finance, Investment, & Parking Committee Briefing (Last Meeting 9/23/25) – Chair Jeff Coughlin reported. 4. Regional and Other Committee/Board Briefings 5. Other General Council Business – Revisiting Council Rules and Procedures as it pertains to Council Meetings. President Younger also announced the next Council Meeting is Wednesday, October 1st beginning at 5:30 PM in the First Floor Meeting Chambers of the Norm Dicks Government Center. He further established that the public is invited to attend in person or remotely, but anyone wishing to speak during Public Recognition via Zoom must submit their request through the City Clerk by calling (360) 473-5323 or sending an email to City.Clerk@bremertonwa.gov at least 24-hours prior to the meeting. With no further business, the Study Session was adjourned at 8:39 PM. Prepared & submitted by: _____________________________ ANNE WILLIAMS Legislative Office Manager APPROVED by the City Council on the 1st day of October, 2025. ERIC YOUNGER, Council President ATTEST: ______________________________ ANGELA HOOVER, City Clerk EY:AH:AW 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 3D 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 3E 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 3F 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) 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 3G 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' AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: September 24, 2025 Public Hearing on Ordinance No. 5519 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. 5519 FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5519 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 4A 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. 5519 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 No. 5520 approving vacation of the north half of the north-south alley located between 5th & 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. 5520 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. 5520 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 4B 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. 5520 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: 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: 1) Proposed Lease; 2) Reference Documents; 3) Project Power Point Presentation 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 5A 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 2006 •In 2006 the City and the Department of the Navy entered into several land transactions transferring at least four (4) land parcels and 2.5 acres and many artifacts from the United States Navy to the ownership and care of the City of Bremerton and required that the USN provide detailed environmental studies and construction design reviews in order to the met the standards that allowed the USN to agree to these transfers. These transfers of property resulted in the: •construction of the Harborside Fountain Park, •the placement of the USS Parche Sail, •the Bremerton Fountains PSNS –IMF entrance park, •the development of the Washington State Ferry Burwell Tunnel, •and the placement of the Historic Building 50 at 251 1st Street, creating what we know today as of the Puget Sound Navy Museum. 2 WELCOME TO THE PUGET SOUND NAVY MUSEUM •The museum now sits at end of Pacific Avenue adjacent the entrance to the Puget Sound Naval Shipyard, adjacent the Washington State Ferry Terminal entrance, and at the entrance to the City of Bremerton Harborside Fountain Park. The Harborside Fountain Park which was one of the benefits received by the City and citizens of Bremerton, serves as a walkable green space among the commercial district of the downtown core for both downtown core residents and to tourists and visitors to the City of Bremerton. •The building is often used by the Kitsap Conference Center to service their outdoor events and is available for use for renters of the Harborside Fountain Park. 3 Burwell Tunnell Development •Additional and important outcomes from these projects includes the Burwell street tunnel – which required the Navy to purchase at least 2 privately held parcels for over $500,000 allowing for the development of the PSNS –IMF Entrance Park, and the path of the Burwell Street Tunnel. •The City’s contribution to the construction of the tunnel came through both local funds and grants. Including, Depart. Of Commerce Grant funds in the amount of $1.3 Mill., an EPA grant of $564,878, and a PWTF loan for what we called the Pacific Avenue Basin Project, the Burwell Tunnell and the Harborside Fountain Park construction. In addition, the Navy contributed to the construction costs of the Gate access area and new CIA access point that crosses over the Burwell street tunnel. 1 4 Naval Museum and City Operations 1 5 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 Fire Alarm Systems. The Puget Sound Navy Museum Foundation provides Janitorial services including garbage service, and funds the operations of the museum utilizing volunteers for the staffing of the museum. The utilities for the building include: Water sewer services valued at $3,500 per year and are part of the PSNS Utility Services agreement between the City of Breme rton –this current agreement expires in 2030 and includes a negotiated credit for the water and sewer services to this building. Broadband-data network services valued at $2,000 annually to supply the connection for the Cities Fire alarm system; Electrical services offered through the City’s PSE accounts and is valued at $14,000 annually; The City staff do not recommend requesting the cost of utilities from the Navy. As it has only been 20 years since the land transfer, as the City’s insurance policies are tied to the continuous operation of several systems related to these utilities, and finally as the cost of these utilities is small in comparision to the value received by the City in both these past and potentially future real estate transactions with the Navy. Thank you! 1 6 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) 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 AGENDA BILL CITY OF BREMERTON CITY COUNCIL IA? ;.i-".' "}i;'" "..'......j' ..~~:r'.J _ _ r-,'v=" ,f,~, ,H" <!.;,,,.-....-~:').'~ i_ DATE SUBMITTED: September 27,2006 a................................................................................. SUBJECT: Bremerton Tunnel Construction Cooperative Agreement Committee Meeting Date: October 11,2006 COUNCIL MEETING Date: October 18,2006 Department: PW&U, Engineering Presenter: Phil Williams Phone: (360) 473-5315 SUMMARY: The Washington State Department of Transportation (WSDOT) is planning for the construction of the Downtown Bremerton PedestrianlBTC Access Improvement Project and the City and State have agreed to include the Pacific Avenue Basin CSO main in the State construction contract. The agreement with WSDOT identifies and authorizes the inclusion ofthe CSO work in this contract at City expense. The agreement also obligates the State to reimburse the City for coordination by City staff of the State's BTC Access Improvement Project. ATTACHMENTS: 1. Council Summary, 2. Bremerton Tunnel Construction Cooperative Agreement FISCAL IMPACTS (Include Budgeted Amount): The Engineer's Estimate for the Pacific Avenue Basin CSO Improvement Project is $1,129,756 and is funded by an EPA Grant (51 % grant with 49% local match). Local match will be provided by two State Revolving Fund (SRF) loans and a Public Works Trust Fund Loan (PWTF). This CSO Project is included in the City's CIP and budgeted for construction. The Agreement requires an "Advance Payment Amount of$169,463" for contract administration. The City will be reimbursed an estimated $77,000 for its construction support serVIces. FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: CONSENT AGENDA~. t1id-. APPROV ALS: DEP ARTMENT DIRECTOR. CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: RECOMMENDED MOTION: Move to authorize the Mayor to finalize and execute the Bremerton Tunnel Construction Cooperative Agreement with Washington State Department of Transportation for the Downtown Bremerton PedestrianlBTC Access Improvement Project. COUNCIL ACTION: ~prove 0 Deny 0 Table 0 Continue 0 No Action ab, Agenda Bills 2006, BTC Access Impr Proj Construction Coop Agmt, 8-06 DA TE SUBMITTED: 12/06/06 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 06 - ;;l7~ a.... p(e.;r~~~~K.Aio~.~~~...~................................................. SUBJECT: A~oPtion ofa Resolution for Committee Meeting Date: 12/13/06 entry into acha~ge order for the Synergy COUNCIL MEETING Date: 12/20/06 Construction for' Harborside Fountain Park Department: Econ. Development and Heritage Museum and Events Addition. Presenter: Gary Sexton Phone: 360-473-5282 SUMMARY: Increase of the contract amount for Synergy Construction in the amount of$1,750,000 for the Harborside Fountain Park and Heritage Museum and Events Addition. ATTACHMENTS: Resolution I ?.. Oo)' ~o...~ FISCAL IMP ACTS (Include Budgeted Amount): Funding has previously been appropriated in the 2006 and proposed 2007 budget. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: O. RECOMMENDED MOTION: Move to approve the Resolution to increase the contract amount for Synergy Construction for Harborside Fountain Park and Heritage Museum and Events Addition in the amount of$1,750,000, and authorize the Mayor to finalize the Resolution in substantially the same form as presented. I CONSENT AGENDA ~ I ~ 3018 FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: COUNCIL ACTION: ~pprove D Deny D Table D Continue D No Action DATE SUBMITTED: 10/24/2005 BILL # oS - ,J.S7 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Contract with Synergy Committee Meeting Date: 10/26/2005 Construction, Inc. for General COUNCIL MEETING Date: 11/02/2005 Manger/General Contractor for Bremerton Department: Economic Dev Harborside Park, Naval MuseumlBldg. 50 Presenter: Gary Sexton Renovation and Memorial Plaza Phone: 360-473-5282 SUMMARY: Staff is recommending that the City of Bremerton enter into a contract for General Manager/General Contractor for Bremerton Harborside Park, Naval Museum/Bldg. 50 Renovation and Memorial Plaza in order to provide services during the design phase including design consideratons, value engineering, cost estimating, alternative construction options and project sequence of work, and to further act as General Contractor and Construction Manager during the construction phase. Harborside Park will include reconstruction, design and installation of the USS Stennis mast, placement of _rocks, tr~, artifacts and other elements and materials. Naval MuseumlBldg. 50 Renovation; consists partly of Bldg. 50 remodel for use as a musuem with build out of a basement storage and interconnection to a building addition that is constructed partly from shipyard steel materials. Memorial Plaza: consists partly of stepped plazas, placement of PSNS artifacts and landscape materials and development coordination with PSNS security and BCT/Pedestrian Access (Tunnel) Project. ATTACHMENTS: Bremerton Harborside Park Site Drawing, Detailed Specified General Conditions Work (Synergy Construction, Inc.), General Contractor/Construction Manager Agreement FISCAL IMPACTS (Include Budgeted Amount): The $4,504,200. is currently budgeted for this project .. ~ +~ ~ ~oro ~~'SoQ~ \o~lL ~ . APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCALlBUDGET: /ziJ~~.' CONSENT AGENDA 0 OPERATIONS: . COUNCIL PRESIDENT: y~~. (jJO~ RECOMMENDED MOTION: Move to approve the General Manager/General Contractor Agreement with Synergy Construction, Inc. for Bremerton Harborside Park, Naval MuseumlBldg. 50 Renovation, and Memorial Plaza in the amount not to exceed $4,504,200.00, and authorize the Mayor to finalize the agreement in substantialll t~e same form as presented. ;1\.. t.OIII..J~hle..+C OlA. w l~ ~ A-H-o(v'}ey C(ffY'OVc;J M~. COUNCIL ACTION: ~prove 0 Deny 0 Table 0 Continue 0 No Action Published for October 1 Council Meeting Mayor’s Report Item 6 MAYOR’S REPORT October 1, 2025 Quincy Square Update •Quincy Jones sculpture installation completed by City crews last Friday •Event celebrating the new sculpture in Quincy Square was hosted by NAACP on Sunday, Sept. 28 •Interpretive signs were incorporated into the Quincy Square design --signage celebrates Suquamish Tribe, Quincy Jones, and African American community builders of Quincy’s time •Sign designs highlighted at event with NAACP, Chairman of Suquamish Tribe Leonard Forsman, and Quincy Jones’ family in attendance •Final signs will be printed and anticipated to be installed by mid to late October Quincy Square Update Kitsap County Regional Transportation Plan -Public Meeting Marvin Williams Recreation Center Thursday, October 30, 2025 5:00 PM -7:30 PM •Puget Sound Regional Council Regional Transportation Plan – Public Meeting •Interactive open house with food, music and activities to gather community input •Focused on shaping long range Regional Transportation Plan that guides investments in transit, roads, ferries, biking and walking •Opportunity for Bremerton residents to ensure local priorities are represented in the regional plan Bremerton CDBG Project Review Committee Funding Recommendations and Draft 5 Year Consolidated Plan The City welcomes written public comment now through October 30th. A public hearing will be held during the Bremerton City Council regularly scheduled meeting on November 5th at 5:30 PM. Learn more by visiting: https://www.bremertonwa.gov/198/Federal-Grants---CDBG Bremerton Parks and Recreation PROS Plan •City Parks and Recreation (P&R) Commission approved the draft plan September 23 •WA Department of Commerce and Recreation and Conservation Office 60-day review has begun •Draft plan will be viewable online in mid-October on P&R webpage --will include commission meeting reviews and video links of every park, streetscape, plaza, facility, etc. managed by the City •Presentation to City Council at their Nov. 12 study session •Public hearings and anticipated adoption on December 3 and 17 First Friday Art Walk Artist Joshua Gould and Bremerton Parks and Recreation staff member will be featured artist! Published for October 1 Council Meeting Council Reports Item 7 Council District Updates October 1, 2025 District 1 –Councilmember Jennifer Chamberlin District 2 –Councilmember Denise Frey Proposed Hybrid Shelter Location 410/6/2025 •At the September 24, 2025 Council Study Session, a vacant, 5-acre parcel was unveiled as the target location for the homeless shelter. •The site sits along Sheridan Road just east of the intersection with Lower Wheaton Way, not far from the busy intersection of Sheridan and Warren Avenue. •A gas station, the Kitsap Fil-Am Community Center, and the Legion Field baseball facility are across Sheridan from the empty lot. Proposed Hybrid Shelter Location SAVE THE DATE: Celebrate View Ridge Elementary District 3 –Councilmember Jeff Coughlin District 4 –Councilmember Jane Rebelowski 1310/6/2025 District 5 –Councilmember Michael Goodnow Charleston Business District Thank You for supporting the Wycoff Overpass Mural Ribbon Cutting Event! SAVE THE DATE: Callowee n District 6 –Councilor Anna Mockler 1810/6/2025 Government 101 will provide a simple, practical overview of how city, county, and other types of districts function. •Learn how to raise concerns and get results. •Hear from Bremerton1 and learn the best way to report non-emergency issues to the City of Bremerton. District Six October Townhall District 7 –Councilmember Eric Younger Council & Committee Meetings –next two weeks 2010/6/2025 •Public Safety Committee –10/02 @ 1:00 PM •City Council Study Session –10/08 @ 5:00 PM •District Six Townhall –10/13 at 5:00 PM •Council Meeting –10/15 at 5:30 PM •District Four Community Meeting –10/16 at 5:00 PM Published for October 1 Council Meeting Public Comments From: dianne iverson <diverson1950@gmail.com> Sent: Friday, September 19, 2025 2:24 PM To: Eric Younger <eric.younger@ci.bremerton.wa.us>; Jennifer Chamberlin <jennifer.chamberlin@ci.bremerton.wa.us>; Denise Frey <denise.frey@ci.bremerton.wa.us>; Jeff Coughlin <Jeff.coughlin@ci.bremerton.wa.us>; Jane Rebelowski <jane.rebelowski@ci.bremerton.wa.us>; Michael Goodnow <Michael.Goodnow@ci.bremerton.wa.us>; Anna Mockler <anna.mockler@ci.bremerton.wa.us> Cc: dianne iverson <diverson1950@gmail.com> Subject: Reflections on the September 17th city council meeting Bremerton Council President Younger and Council members Chamberlin, Frey, Coughlin, Rebelowski, Goodnow, and Mockler, I'm Dianne Iverson, resident of Bremerton, district 7. I'd like to share my thoughts and feelings about the September 17th, 2025 Council meeting. When I’m flying to visit family or friends I hear a comment that I admire. “Thank you for your service”. As you know, it’s often said to men and women who are serving in our armed forces. It shows honor and respect and an understanding of the sacrifice that this person is giving in order to protect our freedom. There’s another group of people I’d like to honor. You, our city council members. For you too deserve honor and respect for protecting our freedom. To you I say, “Thank you for your service.” On September 17th, I was in the audience during our city council meeting. At the beginning of the council meeting during public recognition, I was full of mixed feelings; anger, sadness, disappointment, shock. I’ve been reflecting on that evening, and I even reviewed the video to try to better understand what happened. One community member chose to yell at you, calling the council-members liars. Calling you liars over and over again, doesn’t show respect. I say, feel free to disagree with council, continue to share your frustrations, but don’t bully council members and call them liars. They aren’t liars. I may not always agree with you on policy, but I will tell you, you aren’t liars. I respect you as human beings. And then we have the pastor who decides it’s ok to bring his religion to our city council meeting. He proceeds to tell the you, the council that you should eliminate Pride weekend, and that homosexuality is a sin and it is the source of today's violence. I’m straight. I’m married to a man. I have family members who are gay. I have friends who are gay. They are not evil, they are not sinners and they certainly are not the reason we have a culture of violence in our country. They are more often than not, the victims of violence. The pastor’s sermon to council on September 17th was the source of violence Wednesday night. I saw to Pastor Bartels, don’t return to Bremerton City Council meetings, unless you come to apologize. Bremerton City Council members, I thank you for your service. And I commit to sharing these thoughts during public recognition on October 1st, 2025. Respectfully yours, Dianne Iverson Bremerton, resident district 7 From: Kathie Lustig <info@illahee-enetaicommunity.org> Sent: Wednesday, October 1, 2025 2:52 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: City Council Comments 10-1-2025 RE: ENETAI SAVE ENETAI“The Cheney Estate - Enetai Community is approximately 100 acres of primary wildlife habitat” - Illahee Community Plan SAVE ENETAI -2811 Rozewood Dr., Bremerton, WA 98310 saveenetai.org REQUEST FOR LETTER OF SUPPORT TO BOARD OF COUNTY COMMISSIONERS- TAKE ENETAI OUT OF THE URBAN GROWTH AREA (UGA) - October 1, 2025 DEAR BREMERTON CITY COUNCIL MEMBERS, Our petition to remove Enetai out the UGA of the City of Bremerton has garnered 713 signatures to date. The City has consistantly stated it is up to the County to make this decision. I understand that it is up to the County to adm- istratively remove us from the UGA but this process doesnt happen in a vacuum. RE: Expansion of the UGA out by the airport in 2024 Comp Plan. The City of Bremerton can write a letter of support to the BOCC to take portions (to Trenton) of ENETAI out of the UGA. This is the first time I have requested a letter of support for this issue. Please make note that we have kicked off our efforts to AMEND the Illahee Community Plan. . See Proposal sub- mitted and approved by Board of County Commissioners. We have a new dedicated website for this effort located at illahee-enetaicommunity.org. We have assembled a community advisory group and currently developing a targeted questionairre to ENETAI residents and an online survey to the Illahee and Enetai Community at-large (5000 resi- dents). The results will be provided to the county, the public and I can easily provide them to City Council as well. One of the goals of this plan amendment is a plan for identification and preservation of cultural, archaeological and historically signifcant areas in ENETAI. For the record, Enetai Beach has already been deemed a historical site by the Kitsap County Historical Society. Site of first Town of Port Orchard and the Renton Mill & Shipyard. Bremer Estate and Croxton home (first mayor of Bremerton) at mouth of Enetai Creek, Mesquito Fleet. The last time I spoke to the City Council, I asked that the City didnt flush Enetai’s storied history down the sewer! Pursuant to the Growth Management Act, it includes a specific goal to “preserve important historic resources” that must be considered by ALL jurisdictions during their planning processes (RCW 36.70A.020(13). The city and the county are responsible for developing and implementing historic preservation programs and ordinances as part of their comprehensive planning process. This can include designating specific landmarks and historic districts. The GMA also requires the protection of “critical areas.” which can overlap with historical resources. ENETAI Beach, Creek and the upland forests in the UGA falls into this category. How is the city developing and implement- ing preservation program & ordinances? How is the City and County protecting this designated historical site? From: Friendsof Smith Cove <friendsofsmithcove@gmail.com> Sent: Wednesday, October 1, 2025 3:28 PM To: City Council <City.Council@ci.bremerton.wa.us>; City Clerk <city.clerk@ci.bremerton.wa.us>; Lindsey Victor <Lindsey.Victor@ci.bremerton.wa.us> Cc: david.nelson@kitsapsun.com; paralegal312@gmail.com; Friendsof Smith Cove <friendsofsmithcove@gmail.com> Subject: This Is Our Public Recognition Comment And / Or Comment Under Open Public Meetings Act 10-1-25 This comment (attached) includes Public Record Act requests. To City Council & News Media Without waiver of any rights, we expect this comment to be included minimally in the record / agenda packet for today. With reference to the last Study Session, City Council is illegally gagging the public, and/or chilling its First Amendment rights. The city and City Council is in violation of the Constitution, the Open Public Meetings Act, and the Section 1983 Civil Right Act violation(s). And it is doing so because of city government corruption, including its favoritism towards developers, and its inability to not deceive the public to aid in such corruption and civil rights violations. It is also doing so because we have captured Bremerton's public officers and public servants, whose job it is to communicate with the public, outright lying to us, or misleading us - including in misrepresenting law and fact we are fully entitled to in order to meaningfully and intelligently participate in our government's decision-making without being manipulated to the city government's corrupt ends. We are submitting this as our comment for today's meeting as Public Recognition, and as a comment authorized by the Open Public Meetings Act. I will appear in Council today to receive confirmation of whatever Council is doing or thinks it's doing with our right to petition our government and exercise Constitutional rights. This is the point where Councll admitted it is unfit as a governmental body. -- Friends of Smith Cove in Evergreen Park Jose Camacho https://www.youtube.com/@FriendsofSmithCove To: City Council; District 3 Councilmember Jeff Coughlin; City Clerk CC: News Media Public Recognition Comment: Council Flees Accountability; City’s Deceit-As-Policy Benefits Developer Cartel By Fueling Gentrification & Persecution, Ghettoization Of Homeless Bremertonians - Who Have Been Misled For Two Years (PRA Request Below) Who gets the attention, connections, skill, and engaged “representation” of Bremerton Councilmembers? It’s looking like the wealthiest developers, their sycophants, and cops. These reflect Councilmembers’ true allies. They literally get special favors and cash. We get cruelty, lies and deception. Page 1 of 22. Councilmember Anna Mockler has posed as a friend to the homeless. But recently she revealed the antipathy and disdain of the Council towards the poor. She suggested a cover story of water conservation to hide the malicious intent to harass the poverty-stricken out of parks. This was within a formal committee meeting, Public Safety Committee 8-7-25, under agenda item 3E(1) “Deterring homeless encampments in City parks.,” and she proposed the cover story and the goal before ten city officers and staff with zero consequences. Page 2 of 22. Subsequently, Mockler lied / mislead about this matter at Council on 8-20-25 (“It’s not a deterrent thing”).We requested her resignation or censure on 9-1-25 arguing that too many aspects of city government center around deceiving us as a matter of de facto policy. To date, Council has left Mockler’s depravity uncensured. We then realized reading Bremerton’s City Charter, Section 15 (5) that at least four Councilmembers had lied to us for years about their supposed powerlessness to uphold the dignity of the unhoused with 24/7 public bathrooms. Arguing inter alia against the city’s deceit-as-policy being applied to cover inaction, I submitted my written objection to Council for its 9-17-25 meeting, and Kimmy Siebens and I orally objected to Council on that date: Written Objection: City’s Deceit-As-Policy – How This Is Deployed To Harm The Homeless https://drive.google.com/file/d/1ElPXvN8aSL3JF-EcTpVa-FGTn6Lysn-D/view 9-17-25 Jose Camacho comment: https://youtu.be/UIVwhvAgc_Q 9-17-25 Kimmy Siebens comment: https://youtu.be/UFs5d3kanyM A Transphobic Anti-LGBTQIA+ Pastor Shocks At Council On 9-17-25 Between these objections – at heart, a demand for integrity, accountability, and action towards justice – a pastor stepped before Council, beginning with polite obsequiousness and proceeded to spew shocking disheartening transphobic anti-LGBTQIA+ vitriol linking the murder of Charlie Kirk to Bremerton’s Pride tradition. The full hearing can be found here. A Council compromised by special interests will likely exploit the outrage of that moment to obfuscate its failure to remember Sylvia Rivera and treat the homeless as human. The ranks of the homeless are well-known to be over-represented by LGBTQIA+ and trans individuals: “Homelessness is a critical issue for transgender people , and one in five transgender individuals have experienced homelessness at some point in their lives. Family rejection and discrimination and violence have contributed to a large number of transgender and other LGBQ-identified youth who are homeless in the United States. Indeed, up to 40% of the 4.2 million youth experiencing homelessness are LGBTQ+. Unfortunately, social services and homeless shelters that work with this population often fail to serve transgender homeless people, including denying them shelter based on their gender identity, inappropriately housing them in a gendered space they do not identify with, and failing to address co-occurring issues facing transgender homeless adults and youth. A4TE helps ensure transgender people know their rights if they do face discrimination, and works with state and federal agencies to ensure that our community is treated fairly in housing and homeless services.” - Advocates For Trans Equality (A4TE) Page 3 of 22. “Point-in-Time Counts over the past few years have revealed a staggering trend: transgender and gender non-conforming individuals experience homelessness at higher rates - unsheltered homelessness in particular. Recent data for these populations exposes these stark disparities.” Trans and Gender Non-Conforming Homelessness – July 2020 Systemic racism means people of color are over-represented in the ranks of homeless. Council’s City Charter erasure enables non-action as to 24/7 public bathrooms and other needs of the homeless while it schemes for unfettered gentrification and displacement. Some on the all-white tone-policing Council, slaves to the developer cartel, who extol Pride forget they were carried to power and respectability by the sacrifice of transgender warriors of color: “I am tired of seeing homeless transgender children; young, gay, youth, children. I am tired of seeing the lack of interest that this rich community has. This is a very affluent community. When we can afford to re-renovate a building for millions and millions of dollars and buy another building across the street and still not worry about your homeless children from your community, ... I saw many of the kids before the building was renovated up the street, many of the children are sleeping on the steps of that church. I went in there with an attitude. I raised hell. ...” – Sylvia Rivera, Trans Activist (Journal of the Center for Puerto Rican Studies, vol. 19, no. 1, 2007 ). Page 4 of 22. Deceit cannot be a local government’s underlying premise . Bremerton’s City Charter, Section 15 (5) was calculatingly omitted as part of misleading statements from at least four Councilmembers directed to the public. Jeff Coughlin’s was stated in response to the public’s pleas for restrooms for the homeless expressed during the Council hearing of 6-4-25 - in other words, in Coughlin’s official capacity as a public officer. Frey Invents Bathroom Lie To Feign Powerlessness & Paint Mayor As Sole Villain This deception was invented by Denise Frey. In June 2023, Council was making the “anti- camping” ordinance “more aggressive.” Frey blamed the mayor while omitting the City Charter granted Council the power to override all mayoral vetoes. Inaction on 24/7 public bathroom has been Council’s choice. Frey’s testimony: https://youtu.be/81PUWg85u6A “Um, I'm feeling a little twinge of [sighs] - discussing this, um moving forward with this, when we're hearing from the public all the time that we are not providing adequate services - uh toilets, whatever, we just heard from the library - uh, the closure of their building, I hadn't even thought of the impact other than programming that they provide uh cooling shelter and of course, restrooms. Um, and so while I'm really interested and want to move forward with this, with a good robust discussion, and all of that. I just have to call it out that I think this could be perceived as - uh I don't know what the right word is, ironic or whatever, that we keep hearing about providing more services for the homeless but we're discussing you know - really, not criminal, but but taking public action around camping and encampments and everything. So I just - I want that on the record that we really need - before we get any more aggressive - if we are going to move in that direction, we better know what we're doing as far as providing adequate support. I'm really looking forward to what you have to say. [break] You know, me bringing up the lack of availability of a bathroom for the folks out on MLK - um, public perception is critically important. And, my concern is if we do this, and I think we should do it. I mean its - we need to do it. And we can do it thoughtfully and craft a good ordinance, right? If we do this however at the same time as people are asking us where's the bathroom? I'm embarrassed. I think it sets us up for some accusations of having our priorities in the wrong place. And it's easy, it must be easy to clean up an ordinance and really hard to get a portapotty. And I don't believe that's true. And if it is true it should not be true. So this isn't for your department Kylie. This is for the administration. Fix it! Fix it! Do something so that we can at least say we're doing something at the same time as we're doing som ... if we're going to do this - it's going to trigger, I promise you, just as I warned us about earlier, public perception about this, um, I know it's going to be there, and rightfully so I think. This is an area that I think the administration really needs to step up to and if no other reason than us saying it's time, and we're not going to do anything with this until that is done ...” Page 5 of 22. After Her Hose-The-Homeless Scheme, Anna Mockler Joins In The Bathroom Lie The disgraced Anna Mockler has joined in gaslighting the public. See “8-14-25 Mockler Blames Mayor Re Lack Of Public Restrooms, Omitting Council Can Enact This Into Law.” https://youtu.be/Nn2igyRqSGI In addressing the dignity of restrooms for the housed versus the unhoused, Mockler uses a highly dramatic head and eye roll, and a sigh at Marwan Cameron's question: how do we shift our thinking on public bathrooms ? Mockler goes straight to deception: stating explicitly that the Council is powerless against the mayor's refusal to “pay it” on public bathrooms for the homeless: Cameron: “... with LuLu Haddon Park, you know, you talk about the dignity of having real bathrooms versus portapotties, and of course you know there's a big fight for the portapotties, and my folks would be pissed if I didn't ask about it so if the park folks have the dignity of having real bathrooms what is the consternation I guess from Council of putting potties down there or a bathroom down there and should folks try to find a different solution. If we're beating our head on a dead wall, what - how should we shift our thinking and advocation to find a way to get those folks what we believe they need.” Mockler: “Well, I'm thinking about your question. The first is you know that 10 grand that we alloted - less a chunk a money that we paid um to - well to you, actually. Uh, it's still sitting in our budget. The mayor refuses to pay it. If you look in the - well, any government document, the legislative body makes policy decisions and then the executive body carries them out. So if that doesn’t happen, ah, we haven’t been able to figure out how to go around that .” Cameron: “Wow. Ok, just to be clear 'cause this is important right. There was 10 thousand dollars, it was earmarked for portapotties. They gave that money to G2, we put portapotties down on the block for several months, which basically pennies on the dollar - when you consider how much it was - it was great, it worked out very well, uh, the pilot ended and the tents went away. Uh, and so there's chunk of money that is still sitting there, but that is tied up with the mayor, and not with Council.” Mockler: “Oh no, it's sitting in our budget and from time to time we like we go is there any way to do that. The mayor feels there would be too great a risk.” Cameron: “Even though he has proof of concept - which is - [laughs] ...” Page 6 of 22. At the 6-4-25 hearing, Coughlin omits the City Charter which spells out how legislative action can override any mayoral veto with a 5-2 vote to compel installation and budgeting of public bathrooms. Coughlin gives this misleading statement. “… Council allocated money for downtown restrooms. Mayor didn’t propose how to use that. We did give that money to a local non-profit, G2 G2. A good chunk of it so for the record that is where most of that ten thousand did go. But we gave it to administration to implement and it wasn’t implemented.” This deceit is Jeff Coughlin’s response to the public’s urgent, moral entreaties to City Council: "6-4-25 Wendy: City Responsible For Human Waste Outside / Other Cities Have 24/7 Public Restrooms." https://youtu.be/SVcBBHXG0bw "6-4-25 Jeff: Moonshot Effort Needed For Homeless; Minimally, Dignity Demands 24/7 Public Restrooms." https://youtu.be/Sjg4VOG95J0 6-4-25 "Akuyea Vargas (ERACE Coalition) Our Youth Leave The City / Become Homeless Because City Unaffordable" https://youtu.be/YAmgFqTiAvM "6-4-25 Joslyn: RTB's Grass Roots Efforts Trying To Help Our Homeless Neighbors- Stop Hindering Us." https://youtu.be/w-lv_D0tIio 6-4-25 "City Helped Sound West Group Snatch $300K HUD CDBG $ Which Could Have Been Used To Help The Homeless" https://youtu.be/h7FUvdkqOuM Coughlin omitted the City Charter to fool us, appease a trusting public, and to undermine advocacy for the homeless. For purposes of citizen participation in their governance, Coughlin’s lie undermines accountability, transparency and human decency. He thus helped ensure two years of heightened misery and indignity for the homeless. Diverse members of the public had gone to City Council to object inter alia to the lack of 24/7 public bathrooms for the homeless. I in particular objected at this hearing to the incestuous "partnership" of the city (Andrea Spencer) and Sound West Group / Rice Fergus Miller effectively heisting HUD CDBG funds out of the hands of the needy and into the pockets of Wesley Larson and Steve Rice instead of helping the homeless, including with public restrooms. Jeff Coughlin’s response to the public was deceptive because he chose to omit the City Charter – the very law he had actually used and followed to override a mayoral veto in 2022. See “9-7-22 Coughlin Leads Council In Overriding Mayors Veto Of Ordinance Expanding Noise Nuisance Buffer.” https://youtu.be/aW7TigBx9_Q The minutes for Coughlin’s successful override effort cites to the City Charter, Section 15 (5). See Minutes of 9-7-22. Page 7 of 22. RCW 35.22.200, authorizes the powers, and procedures, of First Class cities "as may be provided for in its charter." Bremerton is a First Class city and its City Charter makes clear how Council can legislate in the face of mayoral opposition to enactments with a 5 – 2 voter, or better. And Council has actually used this procedure when it wanted to. Bremerton City Charter, Section 15 (5): “(5) Every ordinance that passes Council in order to become valid must be presented to the Mayor. If approved, it shall be signed, but if not, it shall be returned with written objections to Council who shall cause the objections to be entered on the record and proceed to reconsideration thereof within thirty (30) days of return of the vetoed ordinance. If upon reconsideration, a majority plus one of the whole membership favor its passage, the ordinance shall become valid notwithstanding the Mayor’s veto. The Mayor’s veto with respect to budget measures shall extend to specific items only, and not to the whole budget. If the Mayor fails for ten days to either approve or veto an ordinance, it shall become valid without approval. Ordinances shall be signed by the Mayor and attested by the City Clerk. (Amended by election, 11/8/11)” Public Officers May Not Lie To Or Otherwise Mislead The Public This premise may have thrown Council for a loop. Official deceit is endemic here. Council must learn its deceit-as-policy is un-American and will disqualify them. “The people … do not give their public servants the right to decide what is good for the people to know and what is not good for them to know.” Public Records Act, RCW 42.56.030; Open Public Meetings Act, RCW 42.30.010. Coughlin’s response to the public was a knowing misleading statement. “Every public officer who shall knowingly make any false or misleading statement in any official report or statement, under circumstances not otherwise prohibited by law, shall be guilty of a gross misdemeanor.” RCW 42.20.040. This statute is in keeping with a long history of American Constitutional and ethics law requiring governmental transparency, disclosure, access to law, and our right to be meaningfully informed so that we can participate in governmental decision-making intelligently. Omitting fact and law to manipulate public perception by feigning powerlessness, misleads the public and deprives us of transparency and the ability to keep our “public servants” accountable. This chronic corrupting tactic from Bremerton’s government officials is a violation of due process and First Amendment rights. The "State may not ... contract the spectrum of available knowledge ." Griswold v. Connecticut, 381 U.S. 479 (1965). The First Amendment "prohibit[s] government from limiting the stock of information from which members of the public may draw ." First National Bank of Boston v. Bellotti, 435 U.S. 765 (1978); Board of Ed., Island Trees Union v. Pico , 457 U.S. 853 (1982). Page 8 of 22. On 9-16-25, I submitted this written public recognition comment for the next day’s Council hearing: https://drive.google.com/file/d/1ElPXvN8aSL3JF-EcTpVa-FGTn6Lysn-D/view It gives the context for, and the specific contention, that the Council, and specifically Coughlin, misleads us about the Council being powerless to enact law requiring 24/7 public bathrooms. And on 9-17-25, I and Kimmy Siebens orally objected on the same grounds that Coughlin and Council misled the public in communicating that only the mayor is to blame for the lack of 24/7 public bathrooms for the homeless: “City Charter Shows Councilmembers Lied For 2 Years About Being Powerless Re 24/7 Public Bathrooms” https://youtu.be/UIVwhvAgc_Q “Kimmy: RCW 42.20040 Prohibits Jeff Coughlin & Others From Lying They’re Impotent Re Public Bathrooms” https://youtu.be/UFs5d3kanyM The False Report statute is not dead law. As a matter of public record, it has been the basis for a county prosecutor to file charges against a Langley public officer, successfully obtaining a sentence with jail time, with consequential disqualification from public office. "Lawsuit goes on with Kwarsick out" https://www.southwhidbeyrecord.com/news/lawsuit-goes-on-with-kwarsick-out/ "Former Langley mayor DQ’d from holding public office" https://www.whidbeynewstimes.com/news/former-langley-mayor-dqd-from-holding-public- office/ . Including Coughlin, there have been at least four Councilmembers who have used the feigned powerlessness tactic since June 2023: blaming the mayor while pretending to be powerless. However, only Coughlin has resorted to this deception from his Council chair in direct response to the public’s comments to Council. Council may be heartless or spineless, but it is not powerless. Reading Bremerton's City Charter, Section 15 (5), we now know this tactic knowingly misleads us, lulls the public into not challenging Council’s inaction , and has therefore, harmed the homeless for two years. Inaction has been a choice. Councilmember Coughlin’s Official Facebook Account Used To Mislead Again I had no problem calling cited Councilmembers “liars” at Council on 9-17-25. Coughlin described this as “personal insults” on his official Councilmember Facebook account on 9-18- 25. His ego blinds him from recognizing his governmental duty as a public officer who cannot lie to or mislead the public. His pearl-clutching Facebook post also misleads the public with the accusation that there was a “willful disregard for both facts and the rules our local government follows.” https://www.facebook.com/CoughlinCouncil/posts/1084955000469314 Page 9 of 22. The DCD-rigged $57 million dollar Evergreen Pointe project is how we learned of this town’s corruption. For two years, willful disregard of both fact and law is exactly what we have complained of as to Jeff Coughlin and the rest of the insiders’ club here. We have unraveled Bremerton’s rigging of public processes for the town’s realty / developer cartel, in response to which, there has been a concerted cover-up which includes Council . Only very recently has Councilmember Frey incriminated herself by divulging knowledge of a key feature of the rig. See “After City's 2-Yr Silence, Frey Proves Knowledge Of Illegality Of Larson's Evergreen Pointe Project” https://youtu.be/J1eZZhpD7WE Frey is the first city official in two years to crack. Council’s Evasion, Stonewall & Deceit Betrays Duty Of Candor & Duty Of Impartiality To Avoid An Accounting & Aid A Cover-Up Of City Malfeasance For almost 2 years, we have demanded our Bremerton “public servants” be accountable. We started with the fundamental idea that “In American law, an agency which adjudicates the respective rights of different parties, must “be open-minded, objective, impartial, free of entangling influeneces and capable of hearing the weak voices as well as the strong .” Buel v. Bremerton, 80 Wn.2d 518, 495 P.2d 1358 (1972). This means the application of law must be real, and even-handed. Not a stagecrafted pre-decision. The DCD-rigged $57 million dollar Evergreen Pointe project of Wesley Arthur Larson / “Sound West Group” was the portal to proof that Bremerton’s government is the opposite of Buel’s premise. Government here is an engine propelled by private developer cartel pressure and the weakness of elected sycophants who serve these private interests while manipulating and deceiving the public. In the attached APPENDIX are some of the damning facts, law, and analyses we have proffered which Jeff Coughlin, Council, and the mayor have evaded, and conspired to stonewall to keep malfeasance out of public view to protect its corrupt insiders, and to protect the beneficiary of that corruption: Sound West Group, including partners Wesley Arthur Larson and conflicted Planning Commissioner Jack Paauw. Councilmember Frey’s Study Session senior moment is the first public acknowledgment from anyone in city government that a piecemeal / spot zoning special favor wrong was committed by DCD. Mayor Wheeler appointed Coughlin as Planning Commission in 2019. He voted for the Evergreen Pointe rig, and has remained a Sound West Group loyalist. In three discrete recorded instances; Coughlin misled the public, then run from accountability: 1. Falsely claiming on 11-1-23 from his Council seat that the unpermitted rigged Sound West Group Evergreen Pointe project was "in line with zoning." This falsehood omits the Shoreline Management Act thereby hiding the city’s multi-million special favor of erasing / not enforcing the Shoreline Management Act in order to pecuniarily benefit Sound West Group with additional millions of dollars in added value to the project. Page 10 of 22. 2. Misleading the public on 6-4-25 by omitting City Charter, Section 15 (5) in responding to demands and pleas for bathrooms for the homeless with the deflection that the mayor would not "implement" a budgeted allotment for bathrooms. This evaded Council’s actual power and responsibility to “implement” by making law requiring public bathrooms which ultimately could override any mayoral veto with a 5 – 2 vote under the City Charter, Section 15 (5). 3. Falsely communicating on 9-18-25 from his "Councilmember Jeff Coughlin" Facebook account that at Council on 9-17-25 there was a “willful disregard for both facts and the rules our local government follows” by those asserting the City Charter, Section 15 (5) represented Council’s power to legislate and override any mayoral veto and that this source of its law-making power was omitted by Councilmembers in blaming the mayor as the sole cause of inaction on public 24/7 restrooms. To see Coughlin now petulantly try to wordsmith the appearance of rectitude is gob- smacking. He has fled accountability, been complicit in the cover up of a DCD rig, contributed to the subversion of law, and the misery of the homeless, and continues to cover this up with sanctimony. He should not now have to hide behind hurt feelings when challenged as a public officer who has objectively fallen short of upholding his duty of candor. Misleading the public with the calculated omission of material law and fact violates RCW 42.20.040. Deceptive omission not an option any public officer should resort to. Coughlin’s deception on the issue of 24/7 public bathrooms whitewashes Council’s malfeasance of the past two years. Coughlin's False Report deception on 6-4-25 involves omitting the City Charter, Section 15 (5) to feign powerlessness in the face of an obstructive mayor. Then, he committed another deception on 9-18-25 in his "Councilmember Jeff Coughlin" Facebook account when he fake cited “rules our local government follows.” Nothing supersedes the City Charter or RCW 35.22.200. Coughlin Quickly Forgot His “Highest” Accountability Standard Coughlin tweeted on 9-12-25 that he embraces accountability: “Accountability isn’t optional. It’s leadership. I’ll hold myself, my team, and our local government to the highest standards .” https://x.com/ElectCoughlin/status/1966694842290864425 Coughlin failed this "highest standard" in less than a week through his misleading evasion on 9-18-25 and his silence as to Anna Mockler’s hose-the-homeless depravity. That Mockler is able to pretend her deceit and subsequent lying about the deceit is ok normalizes affirmative harm to the homeless as a matter of city policy. We requested Mockler's resignation or censure for violating her oath of office. Mockler did not just propose a false cover story on 8-7-25 of "water conservation" to perpetrate a policy of harassing the homeless out of parks by soaking them with sprinklers. Page 11 of 22. When confronted at Council on 8-20-25 with her depravity, she doubled down and lied AGAIN by denying her plan was intended to harass the homeless out of parks: “[T]he parks are watered with the sprinklers, it’s not a deterrent thing,” she said. And yet her testimony and the agenda of the 8-7-25 meeting literally spelled out (item 3E(1)) “Deterring homeless encampments in City parks.” This is a lie we cannot afford to forget. •Where is Coughlin’s tweeted "highest standard" of accountability? •Why is the Council allowing depravity, deceit and harassment of the homeless to be normalized by refusing to censure Mockler? •Why do four Councilmembers think deceiving the public to paper over its inaction is acceptable, and assume they have impunity for this deceit? 8-7-25 "Mockler: Soak The Homeless & Say Its Conservation / Goodnow: Turning Hoses On People Is A Bad Look" https://youtu.be/kC_BEduxCXE “8-14-25 Mockler Blames Mayor Re Lack Of Public Restrooms, Omitting Council Can Enact This Into Law.” https://youtu.be/Nn2igyRqSGI 8-20-25 "Mockler's Non-Apology Side-Steps Deceit Of Her Park Proposal: Invoke Conservation To Harass Homeless" https://youtu.be/AHADbRGnNDE Written request for Mockler’s resignation / censure: https://drive.google.com/file/d/1wdsi5SYus7yHjFYxzbIti8AMd85pODFl/view Page 12 of 22. Fake Allyship Harms The Marginalized, Must Be Called Out & Defended Against Unlike race, America’s caste system grooms us to not face our intrinsic agoraphobia. Contempt for humans based on race or poverty is equally wrong. One of my Puerto Rican heroes is Sylvia Rivera – the Stonewall trans warrior who fought for her community - not to make a buck, but to help her “children” exist and support each other in their outcast exploited state, in their poverty, through their homelessness and victimization. With this kind of outcast poverty there are many fake allies who hide their agoraphobia. This implicates the inevitable mistreatment of BIPOC and LGBTQIA+ individuals because they comprise a disproportionate percentage of the homeless. I have had the torturous experience of watching the gentlemanly Mr. Roosevelt Smith and Mr. Patrick Cooper plead with and inform the City Council on October 18, 2023 how it had failed to treat Judge Tracy Flood, a Black leader and elected official, with respect. 10-18-23 “Roosevelt & Patrick Condemn Yte City Council's Disrespecting Black Leader; Non- Apologies Oozes Out.” https://youtu.be/_01zVnVKHGw Mr. Smith explained that what had happened to Judge Flood in Council hearings “was unbearable. I’m very very appalled ...” Mr. Smith told Council he considered the Council “progressive” and he believed in “decorum.” The remedy, he suggested, was an apology. Mr. Cooper followed Mr. Smith, and stated he was “embarrassed” at the disrespect shown Judge Flood. He stated that a “Council so white” asking mocking questions, interrupting, and which “kinda berated” and was “kinda beating up on a Black judge” called for sensitivity training and some procedure to stop such disrespect in its tracks. There was never any actual apology to Judge Flood from Jennifer Chamberlain, from Council President Coughlin, or anyone else on Council. Smith and Cooper, and the lessons they brought, have been silenced and tossed away. Coughlin later inserted a textless photo of Mr. Smith in his “endorsements” webpage when running for Commissioner. A wordless “endorsement” because why not? A white public servant can get away with this here. Page 13 of 22. Puerto Ricans Have Seen It All; Andrea Spencer’s Agency, And The Rest Of The Developer Cartel, Including Councilmembers, Lied To The Wrong Puerto Rican If you want a few lessons in how the predatory wealthy subvert and manipulate the law and legal process to hoard wealth, to steal land, to erase history, to skew public opinion, and even commit ethnocide in the process, ask a Puerto Rican. I have been asked by Councilmembers why I am so “aggressive” in my comments and objections to Council. Given I only speak based on evidence, law, and the existential need to oppose corruption, this is a dumb question born of deep ignorance, arrogance, and paternalism – if not racism. The question is really asking why an outsider person of color does not submit to the city’s creeping fascism and crushing of the poor and working class when so many complacent white folk who know better are having a swell time at Quincy Square. Most people of color eventually get tired of explaining themselves to the clueless and complacent. We do not have the lifespan to convince you you are harming, if not killing, people. Oppression begins with a lie. And Bremerton is premised on deceit doing the heavy lifting for the profit of the realty / developer cartel. Rev. William Barber of the Poor Peoples’ Campaign calls it “policy murder.” It is not hard to google. It is part of the inevitable learning curve of every person of color that what they know and say will be talked over and smothered by the self-serving cluelessness of comfortable complacent whites and the white-adjacent, no matter how “liberal,” who will presume they are neither racist nor perpetuating racism - while perpetuating racism, including tone-policing those with the lived experience and knowledge of their own oppression and pain. Ethical critical thinking acknowledges potential for this defect in ourselves – the premise for intersectionality. “Council so white” appears incapable of ethical introspection or even a Civics 101 class. Skepticism and critique of those in power is a must for self-defense to those in minority demographics who are powerless. In this hour of our history, there is no space for delusion. The Democratic Party Convention celebrating “diversity” while silencing Palestinians and actively enabling extermination in Gaza – which continues - tells us that mere words of allyship and inclusivity from politicians who deliver for developers first. Bremerton’s government is crippled with willful stupidity born of arrogance, and a lack of integrity. Bremerton has proven that aporophobia is real. Denise Frey, Anna Mockler, and Jeff Coughlin show us disrespect through their misleading statements and inaction – and now, lack of accountability. They have revealed themselves to be fake allies to the homeless even on a very rudimentary issue. The calculated messaging of feigned powerlessness so as to paint the mayor as the sole villain is disdain for the homeless for the sake of for-profit developer-driven gentrification. Even the less predatory-looking “walkable streets” gentrification depends on the on-going real-world persecution of the homeless in which no place is safe, but especially Page 14 of 22. areas signaling affluence or the “funky and hip” “cultural resurgence ” Wesley Larson’s writers try to conjure. The realty / developer cartel has 10,000 megaphones and sycophants - some on the Council, and too many non-working class comfortable complacent folk who are blind to injustice because unfortunately they see only dollar signs and a coasting lifestyle where how often their cash registers might one day ring is the big worry. 24/7 public bathrooms is an extraordinarily basic limited ask when compared to city government literally breaking any law, heisting HUD funds, steering Opportunity Zones, rigging multi-million dollar projects, or effecting tax breaks for wealthy developers such as Sound West Group, while abandoning the actual creation of low-income housing. Coughlin and his allies spent two years on their public bathroom lie while servicing Sound West Group before someone paid attention to the actual law of the City Charter. It took an outsider of color who has lived through two years of city government deceit-as-policy (and crime) who actually reads law. Apparently, our local “public servants” are all for deceit propping up the simultaneous wealth-hoarders' corruption and "walkable streets" complacency. The combination is literally creating poverty, increasing misery, and further immiserating poor people. Obstruction Of First Amendment Rights / Violation Of Open Public Meetings Act At the last Study Session, Councilmembers discussed shutting down Public Recognition because supposedly “city employees” are being “attacked.” The current agenda is missing a Public Recognition line. With no opportunity for the public comment on this deviation from the Open Public Meetings Act. The focus of the Study Session was the Council hearing of 9-17-25 in which I and Kimmy Siebens cited law being violated by Councilmembers – public officers – specifically those using deceit to mislead the public. Coughlin’s was the worst; he literally committed his False Report deception from his Council chair responding to public comments at the same hearing. Ours is a classic petitioning and criticism of the government. Councilmembers and public-facing public officers and public servants should not be engaged in years of deceiving the public to enable their decision to dole out special favors to private parties or to do nothing while faking concern, then blame the inaction on another branch of government. There is no better place for such criticism than Public Recognition which is authorized by the Open Public Meetings Act, RCW 42.30.240. Council is attempting to shield its Councilmembers from legitimate criticism and accountability by silencing the public – which it has also done with Ordinance 5506 and 5508. In the process, Council has confirmed my criticisms of the Council and a broken local government made dysfunctional by its servility to a dominant realty / developer cartel which every Councilmember voted to install inside city government via Jack Paauw’s Planning Commission appointment. Page 15 of 22. Moreover, DCD’s corruption is an objectively determinable fact. That the city loves its fixer more than integrity is unfortunate. Andrea Spencer is a public officer. Kelli Lambert and Garrett Jackson are public servants who have taken part in public presentations to convince public officers and the public in matters of law and policy, and some of those – including as to the Evergreen Pointe (Interrupted Buffer / Map E) included insupportable misrepresentation of law and fact. Most obviously they have all taken part in the rigging of the Sound West Group Evergreen Pointe project – now stalled for two years. That rigging was multi-faceted: special favor enactment consisting of 1. piecemealing / spot zoning (Map E for Larson), 2. prohibited segmentation (Merkel v. Port of Brownsville), 3. a completely frivolous flouting of multiple terms and aspect of the SSDP exemption law, WAC 173-27-040, and 4. the use of a “Notice” of Application which erased reference to the Shoreline Management Act, and advised a two- week public comment period instead of a 30-day public comment period – in other words, Andrea Spencer was laundering a shoreline project into an ordinary building permit matter. To deceive the public, and enrich Sound West Group. Council and the City Attorney’s Office is circling the wagons again to protect corruption in the city’s insiders’ club. This is complicity in that corruption, but it is not new. Just more desperate. These are not only First Amendment violations about to be perpetrated, but violations of the Open Public Meetings Act, some of which are prohibited with attendant personal liability monetary penalties on each Councilmember if they know these are violations. And now you know. It is my duty and First Amendment right to challenge Council and all parts of a corrupt behind-closed-doors government and its developer-dominated crony network. Despite the pearl-clutching at Council, this is actually the most conservative thing any American can do. It is in fact now a civic necessity as this city and this nation teeters into fascism steered by the entitled rich and their virtue-signaling public servant puppets. Local “rules” do not trump the Constitution nor state statutes, including the Open Public Meetings Act. This city continually and perversely puts its local practices – often inspired by by corrupt favoritism (as in DCD’s Evergreen Pointe rig) – over state law, and even the Constitution. Town of Republic v. Brown, 97 Wash.2d 915 (1982); Biggers v. City of Bainbridge , 124 Wash. App. 858 (2004); Biggers v. City of Bainbridge, 169 P. 3d 14, 162 Wash. 2d 683 (2007). As a final note, if a public servant lies, they are a liar. If they are corrupt, they are crooked. Coughlin’s study session comments about “derogatory” comments misses the mark. The city itself has created hostility towards citizens. This process has been committed by liars and crooks. We need only look at Mocker’s recent disgrace, and the False Report deception noted herein, as part of the city’s war on its poor, and its continuing persecution of the homeless. Page 16 of 22. ______________________________________________________ Public Record Act Request As To Office of District 3, District 6, District 2, and District 4 Bremerton, WA This Public Record Act request is directed to city, and directed to each District separately. With this writing as context, having invoked “accountability” which we have asked of Coughlin for nearly two years, which he and city government has evaded for two years, the Offices of the named Districts are requested to produce for inspection, separately by District, all records and materials, specifically comprising, referencing, and/or discussing: A.All discussion among Councilmembers regarding censure of Anna Mockler. B.All analyses / discussion during August – September 2025 including in memoranda form from the City Attorney’s Office discussing changes to public commenting at City Council meetings and hearings, and all email or other communication amongst Councilmembers regarding the same. Any material written by me is excluded from production. C. “the rules our local government follows .”cited by Councilmember Jeff Coughlin; D.All law, ordinances, rules, policy, protocols, literature, memos, texts, and other material comprising, supporting, reflecting, referencing, and/or discussing the claim that “rules our local government follows” were disregarded by I or Kimmy Siebens; E.All law, ordinances, rules, policy, protocols, literature, memos, texts, and other material comprising, supporting, reflecting, referencing, and/or discussing the claim that “rules our local government follows” which Coughlin implies exist or implies supersedes the City Charter . F.All discussion, documents, drafts showing where each and any Councilmember stands on the issue of public bathrooms for the homeless, and/or what any Councilmember has done or proposed relative to public bathrooms for the homeless. Page 17 of 22. APPENDIX Instances Of Our Informing Coughlin, Mayor, City Council Of City Corrupt Practices Including As To DCD & Evergreen Pointe Project A. During 2019 – 2022, as a matter of objective law and fact, because of where the Evergreen Pointe project is sited, it is controlled by application of the law of the Shoreline Management Act. DCD accepted state grant money under the terms of a contract with the Dept. of Ecology to aid Bremerton in complying with the Shoreline Management Act’s required 2019-2021 Shoreline Master Program “periodic review” process . In gaming this process to produce the “Map E” special favor for Wesley Arthur Larson / “Sound West Group’s Evergreen Pointe project, Spencer violated the allowable uses of those public monies and they were thus converted and misappropriated to benefit this one private party. https://drive.google.com/drive/folders/1QKAOsqNy2JNtycPsISbcOcin4mflhc57 DCD was allocated additional municipal monies to implement Washington’s required 2019- 2021 Shoreline Master Program “periodic review” process but DCD / Spencer gamed this process. Andrea Spencer and her helpers gamed this process to flout instead of adhere to the terms and goals of the Shoreline Management Act and the Ecology contract. B. No one in DCD is an attorney. Andrea Spencer used the glib DCD Planner Garrett Jackson to present 2020–2021 testimony / presentations to Planning Commission and City Council which while acknowledging the Shoreline Management Act was in effect for “Map E” was couched in manipulative language calculated to misrepresent fact and law, and to mislead – the talk of “flexibility” actually meant DCD’s allowance of prohibited piecemealing / spot zoning (RCW 90.58.020) for the Evergreen Pointe and others like it. https://drive.google.com/file/d/1oPHmYYHLBLpA7UA70tH4JRKaSlBEAjqT/view C. During 2019 – 2022, As a matter of objective law and fact, because of where the Evergreen Pointe project is sited it is controlled by application of the law of the Shoreline Management Act. Records obtained via Public Record Act requests (e.g., #R009298-042624) show that in early 2019 Andrea Spencer pushed a legally insupportable “Interrupted Buffer” artifice to deliver the special favor of non-enforcement of state law (SEPA and Shoreline Management Act) to Wesley Arthur Larson and his Evergreen Pointe project. This special favor, couched as “Map E,” was recommended by Coughlin as Planning Commissioner. This amounted to prohibited spot zoning / piecemealing favoritism via DCD’s gaming of Washington’s required 2019-2021 Shoreline Master Program “periodic review” process . Page 18 of 22. This was achieved by DCD using the tactic Council is now practicing – misrepresenting and omitting law and fact to mislead the public. By misrepresenting and omitting fact and law, anti-Shoreline Management Act ordinances were formally enacted which were null but provided DCD cover to side-step the Act’s prohibition of piecemealed spot zones – resulting in a signed sham “decision” on 10-11-22 adding height and millions of dollars in added value to the Evergreen Pointe project which Wesley Larson and Planning Commissioner Jack Paauw was never entitled to. D. DCD continually misrepresented the special favor rig of the Evergreen Pointe: E.g., 2-27-23 “DCD Cons Us, Erases Shoreline Management Act, & Never Discloses E.P. Project's 35-Foot Height Limit” https://youtu.be/qqTznzYA9G4 The mayor and Council allowed it, and still do. E. DCD stagecrafted a sham “site plan review” for Larson’s Evergreen Pointe project and forwarded the falsified sham to the state’s Dept. of Ecology. https://apps.ecology.wa.gov/separ/Main/SEPA/Document/DocumentOpenHandler.ashx? DocumentId=118749 F. Coughlin enthusiastically joined in the misrepresentation and omitting of law as to the E.P. project. E.g., 11-1-23 “'Data-Driven' Coughlin Attests For Sound West Group's Rigged Evergreen Pointe, Lies About Zoning Law” https://youtu.be/aWaO-YPuRhs G. Feb. 22, 2024. We contacted Coughlin via a Facebook neighborhood forum about DCD’s Evergreen Pointerelated record tampering https://drive.google.com/file/d/1qliqeDDPU- EWlhzk3INHBfSB3ehNldN8/view H. March 2, 2024. We informed Coughlin of Shoreline Management Act erasure as to Evergreen Pointe. He runs to Andrea Spencer. https://drive.google.com/file/d/1bvKW5pdc- RIgQ8Nean0kyialhR5Bubfo/view I. March 4, 2024. Demanding accountability, we submit a 15-page brief detailing fact and law including the Shoreline Management Act, and its prohibition against piecemealing / spot zoning, with the names of 20 neighbor supporters to Councilmember Coughlin and Mayor Wheeler. We state “Both the Mayor and District 3 Councilperson Coughlin are in the habit of easy charm and optics. But the EP is a serious matter to those in the neighborhood who have been ignored and dismissed for years. Come talk to your constituents and justify the EP process you’ve enabled and cheered since 2020 .” https://drive.google.com/file/d/1Nw5cK87QZ6GhxpNocqzScko-i4xGsrUe/view Page 19 of 22. J. March 5, 2024 – We email our request to answer to the city’s Sound West Group favoritism. Wheeler states it is inappropriate to meet regarding “a pending permit.” The permit is still “pending,” approaching the two year anniversary of this partisan stalling tactic. https://drive.google.com/file/d/1fLxZ_re3Ep4zkz8WZCDUldAXXToiAPYY/view K. March 11, 2024. We also emailed Coughlin a request to answer to the city’s favoritism towards Sound West Group – Coughlin states he has no “authority” to talk about the Evergreen Pointe although he gave it an enthusiastic plug from his Council seat, and lied about its legality four months prior, on Nov. 1, 2023. (“in line with the zoning.”) https://drive.google.com/file/d/146Gao0trffUXzMSYbq31DY0ZVD5LVqXw/view L. March 3 to 31, 2024 – While Coughlin dissembles, another neighbor, J. S., emails Council about the propriety of the Evergreen Pointe project. She does not rely on the Shoreline Management Act. She is gaslighted by Coughlin and DCD after he syncs with Andrea Spencer – implementing Bremerton’s deceit-as-policy through erasure of the Shoreline Management Act from the discussion and analyses to deliver a special favor to top dog developers. J.S. speaks to DCD’s Kelli Lambert on phone, and in a panic relates she cannot be associated with our objections to city’s rig. Jeff Coughlin suggests to J.S. and Facebook that we comment during “Bremerton2044” (We attended Coughlin’s comp plan town hall and Garrett Jackson refused to answer out questions which Coughlin enabled). https://drive.google.com/file/d/1iuXKAcQqal3PYhKXb0fIH7cYvWWaZ7AG/view M. June 17, 2024. https://drive.google.com/file/d/1FdHQDPqi1OMSzyjH8YQJePN1bsqoSCTs/ view Comp Plan Comment No. 125 Re Interrupted Buffer Provision; we submit one of many written and oral comments in the “Bremerton2044” comp plan process citing the Growth Management Act’s mandate that the Shoreline Management Act’s core mission – the prohibition against uncoordinated piecemealed shoreline development is being violated by the “Interrupted Buffer” artifice concocted by Andrea Spencer as a way to provide color of law cover to disregard shoreline and other state law. There are over 30 latent or actual Interrupted Buffer parcels in Bremerton. N. Jan. 2, 2025. Jack Paauw - Violation Of Appearance Of Fairness Doctrine https://drive.google.com/file/d/1BR9ZlaOf-7UccLeQj5xoE-Iit_bXs9pY/view There are other instances of informing the city. I stop here because of lack of time to address every one. If in the Council’s eyes criticism based on fact and law appears as a “hostile environment” quit your jobs as “public servants.” This is typical tawdry sophistry aided by the City Attorney’s Office. Page 20 of 22. This is what a corrupt local government attempts to smother. This is neither hate speech nor creating a hostile environment. Jan. 2, 2025. Jack Paauw - Violation Of Appearance Of Fairness Doctrine https://drive.google.com/file/d/1BR9ZlaOf-7UccLeQj5xoE-Iit_bXs9pY/view It is quite ironic that one of my first in-person comments to the Council was that the city’s corruption was so bad that it actually represented to me as an outsider Puerto Rican danger. (“That means I’m not safe”). Any government this abusive is a danger to anyone, but especially to the powerless. And we have seen this play in particular to the homeless. And now the city whines about “hostile environment” from public criticism based on the criteria of law. See 12- 18-24: “DCD's Evergreen Pointe Rig Taints Comp Plan; Nixing Hearing/Appeal Rights Enables Corruption” https://youtu.be/6V9MqEtOtVE (On this date, the city murdered due process to silence criticism of rigged and defective projects via Ordinance 5506) Page 21 of 22. Decided By Council 9-24-25: The Special Favors For Wealthy Insiders Will Continue - The War On The Poor Will Also Continue Jose Camacho Robin Weldin Friends of Smith Rock The Block https://www.youtube.com/@FriendsofSmithCove Page 22 of 22. From: Robin Weldin <rdmoley26@gmail.com> Sent: Wednesday, October 1, 2025 5:25 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Public Comment to Oct. 1, 2025 Council meeting To the City of Bremerton council, My name is Robin Weldin. I adopt and incorporate Jose Camacho's /Friends of Smith Cove's emailed October 1, 2025 comment to this council. I am commenting by email, because my and every other Bremerton resident's civil right to speak publicly before the council has been unconstitutionally, illegally and undemocratically taken away by this council. I was there and spoke at the last council meeting on September 17, 2025. I came there, as so many others have before me, to demand that you put a moratorium on the inhumane, unconstitutional, hateful and deadly anti camping ordinance. I also wanted to adopt Jose Camacho and Kimmie Seibens comments, who were there in person and via zoom to speak truth to lies by this council. This is a council that doubled down in lying to the public about their legislative ability to make law, such as a public bathroom ordinance. Many of you spoke the lie that it was “the mayor’s fault” outside of council, but Jeff Coughlin lied to the public from the council dais. That is just a fact. We have public video records to back up that fact. Jose Camacho has never come before the council with heresay or opinion. He spent his life, before Bremerton, as legal researcher and is committed to only making a statement if he has citations to back it up. So, after Jose spoke and called out the fact that Coughlin lied to the public about the $10,000 allocated that couldn’t be spent for porta potties because the mayor didn’t make it happen. Btw, truth is not hate. Lies, corruption, favoritism, persecution, dehumanization, criminalization of the homeless, not providing human beings with bathrooms, sanitation and shelter, is not only a UN human rights crime, but hate enacted into policy. After Jose spoke, the Baptist pastor up and very politely began to spew his distortion of Christianity. Most people realize that this kind of obvious homophobic and transphobic rhetoric as ugly and hateful. I was there and felt physically sick to my stomach. I was there to speak to this council’s anti- camping ordinance that put hate into action, while pretending to be “nice”, respectable, caring people. That pastor had no power to put hate into action and will eventually just crawl back under his rock, if we counter his hate with love, justice and equity for all. The combination of being there to address a policy of hate and then hearing that pastors hate filled rhetoric, was unbearable. I realized that this city’s culture of cruelty, dehumanization and hateful policies toward the poor is a result of this city's culture of hate, greed, corruption and persecution and criminalization of the poor. Hate begets hate. This city's inhumanity toward the poor has opened up a Pandora’s box of gentrification, exploitation, dehumanization, corruption, lawlessness, greed, apathy and hate toward the poor. Hatred of the poor is also hateful, especially when it’s put into policy. Hatred of the poor is called aporophobia. None of what Mr. Camacho, myself, Friends of Smith Cove, Their Voice and Rock the Block have said in our comments over the years to Bremerton’s council has been opinion, but is verified facts. Friends of Smith Cove has the public records that back up every fact that we are able to fit into a 3 minute public comment. Rock the Block and Their Voice are witnesses to the city’s inhumanity, criminalization and persecution of our homeless neighbors. They are witnesses to the suffering, loss of limbs and stuffed off skin due to the wet and cold. They witnesses to the the deaths by exposure, suicide and self medicating due to hopelessness and being treated like garbage. None of us are there for our health, because we want to be or to be rude. We are there to save this city from a corrupt, lawless, lying and partial city government that has harmed our most vulnerable poor and working class residents and broken WA state Shoreline Management laws and protections as a favor to the developers and insiders that are now installed inside our city government making policy. Over the past 2 years, Friends of Smith Cove has brought an evidence trail of corruption and public and environment harms to this council’s attention with cited public records. This council and city’s response was to double down on the gaslighting, rhetoric, fake concern and lies to the public. When that didn’t work … you just put Larson III’s principal partner on the planning commission, who’s first act was to take away public due process rights in the permitting process … a violation of civil and constitutional rights that this council unanimously voted for twice, because you all messed up before the deadline at the end of 2024. Your second vote to murder public due process, at the beginning of 2025, was hidden from the public and disguised as “housekeeping”. Speaking of public comment … you have now decided illegally and unconstitutionally that there will be no public comment period at council meetings. We had to go back and listen to the end of last week’s study session to find out that you were putting together a plan to silence Bremerton residents' public right to comment to the city government. This was not because a homophobic and transphobic baptist pastor spoke words that were hateful. He has no power to enact hate. However, the council does and has used it to harm ( dehumanize, criminalize, persecute and commit human right violation against the poor. Hatred of the poor is called aporophobia and it has been normalized by this city, even before trump had the idea to persecute and commit human rights crimes against homeless Americans. Taking away the public right to speak is a violation of the Open Records Act. It is undemocratic, unconstitutional, illegal and authoritarianism that is one of the hallmarks of fascism. We have a right to speak to our city government about our concerns and speak truth to power. You do not have a right, in a democracy, to silence public comment. I was going to come to speak to the council about fully supporting and funding the hybrid shelter that is truly a public good that will save lives. You and the DCD need to bend over backwards to make this happen quickly, just like you do for market rate and luxury apartment developers, like Wesley Arthur Larson III / SW umbrella group of over a hundred LLCs that have a stranglehold on our city. The hybrid low barrier shelter would be the one public good that this council can be remembered well for. All you have to do is put the people’s money, that is usually shoveled to Larson III"s SWG / KEDA , toward the hybrid shelter that you’ve been talking about for years, while homeless residents are dying. This is something that is wanted by so many residents who care about human rights and their unhoused neighbors. It is something to be proud of in any district. School children can be proud that their school is near this public and civic good for their community. Lastly, on the subject of the hybrid shelter, there is nothing even remotely in common with the deceptive, illegal isolation rig and piecemealing done as a favor for Larson III when the Garret Jackson, under Andrea Spencer’s direction, spent 2 years rigging Bremerton’s 2021 Shoreline Master Program ( SMP ). Larson III’s recreational shoreline parcels were under the jurisdiction of the Shoreline Management Act and piecemealing and spot zoning for one developer’s benefit is illegal under the Shoreline Management Act*. The low barrier hybrid shelter is not in the SMA and would have a beneficial impact on the city. It would be a beginning of moving away from the dark cloud of cruelty that has become city of Bremerton policy. If this council and DCD doesn’t stall and fabricate barriers to the low barrier hybrid shelter and allow it to stay on schedule, then construction begins by the end of next summer. We must do this now! In the meantime, we have to save lives by using city property for tent communities and car camping with bathrooms and sanitation. Please do the moral and ethical thing. Stop dehumanizing residents and start saving lives. Sincerely, Robin Weldin Friends of Smith Cove *The SMA was enacted over 50 years ago to stop the uncoordinated and cumulative negative impact on our fragile shoreline ecosystems, shoreline public spaces and shoreline communities by developers and unscrupulous city officials. This important shoreline, environmental law must be protected. From: kim siebens <kimmysiebens@yahoo.com> Sent: Wednesday, October 1, 2025 4:44 PM To: City Council <city.council@ci.bremerton.wa.us> Subject: city council meeting public comment Oct 1, 2025 Hi, this is Kimmy Siebens, I represent myself and the Bremerton Homeless Community Coalition. I'm deeply concerned about the harmful rhetoric directed at the LGBTQ community by a community member during public recognition at the last meeting. The way some people spoke, twisting religious stories for their own agenda, is absolutely appalling. It sadly reminded me of how Jeff Coughlin, in the past, has twisted my own words and those of Ian De Jong, an expert on solving homelessness, to meet his own agenda. This reflects the same dismissal I've sensed when discussions have arisen about soaking homeless people with sprinklers if they sleep in a park, which has not been thoroughly condemned by the rest of the council. I wish more outrage would be shown about all vulnerable and marginalized groups, not just the ones individuals may be a part of. What has been said about the LGBTQ community is absolutely abhorrent and unacceptable. Many of us have been trying to bring this to your attention, highlighting how marginalized groups, including those who are homeless (and consists of a disproportionally high number of people who identify as LGBTQ), have been treated with disregard. It’s striking how a moratorium is enacted when it affects you, yet the serious issues we've raised regarding the treatment of vulnerable populations have not been taken seriously. Lives are at stake—lives have been lost due to this negligence. The lack of action on homelessness, coupled with degrading conversations, about the homeless, by members of your own council, is deeply troubling. Policies that have been implemented are actually contributing to the increase in homelessness, yet these issues remain unaddressed. It’s absurd that when it impacts you, there’s a swift reaction, but when it comes to the struggles faced by many in your community, there’s a troubling silence. We need accountability and genuine concern for all members of our community, not just those who are convenient to acknowledge. My hope is that you don't try to silence the community much longer. These discussions are very important to be had. Kimmy Siebens RN Economic Inequity and Health Task Force Member, Washington Physicians for Social Responsibility, http://www.wpsr.org President, Their Voice http://www.their-voice.org Founder, Bremerton Homeless Community Coalition https://www.facebook.com/groups/bremertonhomeless Founding Member, Rock the Block http://www.facebook.com/groups/rocktheblockkitsap/ 2023 USA TODAY Woman of the Year Honoree https://www.kitsapsun.com/in-depth/news/2023/03/19/kimmy-siebens-washington-usa- today-women-year/69925589007/ 2002 Citizen of The Year - Kitsap County Association of Realtors https://www.facebook.com/photo/?fbid=914581119903692&set=pcb.914581543236983 From: Jeffrey Wynn <jwynn395@gmail.com> Sent: Tuesday, September 30, 2025 7:26 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Re: Thank you Also, I do want to add that I did see the video of the questioning you got from the man who wants Bremerton to stop all pride events. This man is affiliated with Westside Baptist Church with support from Coram Deo Church, these churches have been known in the community to marginalize minority groups, support intolerance, and generally encourage hate. Please, don’t consider these people’s opinions, the community they want sees other people as less. Thank you again, Jeff From: Jeffrey Wynn <jwynn395@gmail.com> Sent: Tuesday, September 30, 2025 7:09 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Thank you I just wanted to send an email thanking you for your continued support of Pride and the lgbtq community in Bremerton and Kitsap County. I was born and raised in Kitsap County and my family has strong roots here since the 1950’s. I love this community and know countless businesses and people here who support the lgbtq community and it makes me proud and happy to have a city council that also supports acceptance of all kinds of people. If there is anything I can do to support you and the work you do please let me know. Thank you, Jeff From: Johanna Baxter <hannie@joesdiner.com> Sent: Wednesday, October 1, 2025 10:06 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: In Support of Bremerton LGBTQ Community Dear Councilmembers, I am writing to you today because I care deeply about our LGBTQ community here in Bremerton. This is personal for me—not just an abstract issue. I have seen how important it is for people to know that their city stands behind them, especially when they are vulnerable or feel unseen. The LGBTQ community is not separate from the rest of us—they are our family, friends, coworkers, and neighbors. I have known people whose lives were made brighter simply by being accepted, and I have also witnessed the pain of those who were rejected for being who they are. I want Bremerton to be a place where love, dignity, and belonging are not privileges, but rights that everyone can count on. I hope you will continue to support and uplift LGBTQ residents in tangible ways—by affirming protections, supporting inclusive events, and making sure that resources are available for those who need them. These actions may seem small at times, but they can mean the world to someone who just wants to know they are safe and welcome here. For me, this is about the kind of community I want to live in—one where kindness, respect, and fairness guide our choices. I believe Bremerton is strongest when everyone feels they have a place here, and I am asking you to keep leading us toward that vision. Thank you for your time and for your commitment to creating a city where all of us can belong. Johanna "hannie" Baxter From: Chrysztyna Rowek <chrysztyna@gmail.com> Sent: Wednesday, October 1, 2025 10:37 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Protecting and Celebrating Bremertons diversity and inclusivity Good Morning Council Members, My name is Chrysztyna Rowek, some of you may know me as I have been a resident and business owner in Kitsap County for almost 30 years. I was deeply affected by some of the video that I watched of the last meeting, where an individual spoke horribly about a portion of our community, dehumanizing and creating untrue narratives about them. Our beauty as a community has always been about our diversity, and our ability to create pockets of pride everywhere. We are home to humans from all over the country, thanks to the Navy, and being able to navigate that with inclusion and compassion is what makes Bremerton and Kitsap County a great place to live. If the rhetoric that was spoken last meeting is the only thing that people hear, their confirmation bias kicks in, and they start believing that to be the final truth. When it is not. Our LGBTQIA2S community is vitally important and their voices should not be silenced because there is a portion of the residency that get uncomfortable because they simply exist. The vitriol and hate that comes through from people who believe that their moral or religious code should be enforced for EVERYONE is abhorrent to me, as it should be to anyone who believes in basic human decency and compassion. Pride events bring the community together and are vital to the continuation of us being the great place where we have all chosen to live. We, as a community will always support them, and you, as the council, I would hope would continue to do so as well. Thank you for your time, I hope that your meeting tonight is full of positivity and compassionate progress. Take good care, Chrysztyna Rowek www.chrysztyna.com From: Chance Corey <chance.corey.politics@gmail.com> Sent: Wednesday, October 1, 2025 4:04 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Support of the LGBTQIA2S+ community in light of recent statements by Westside Baptist Esteemed council members, I want to start out this email with a simple thank you. I know the majority of you have been very supportive of the LGBTQIA2S+ community and have shown that support consistently. In the times we live in knowing that those in power either belong to our community or are our allies gives us a little bit of safety and confidence in our city. While we live in a country where our community and other marginalized communities are under attack. I want to give more practical than emotional reasons that you should continue to celebrate PRIDE and support the LGBTQIA2S+ community. See we are not just some subculture of Bremerton, we are a vital part of Bremerton and its revitalization. Look at the community events did you know both Krampusnacht and the Puget Sound Book festival are also lead by members of the LGBTQIA2S+ community? Look at community leadership There are gay men that lead the greater Kitsap chamber of Commerce, the 26th and 23rd Legislative District Democrats Executive boards and the Kitsap County executive board all feature LGBTQIA2S+ leadership. The Mannette Neighborhood coalition has also had LGBTQIA2S+ leadership. This is all before we get to the LGBTQIA2S+ owned businesses, from Sirens to Tik Toks, from Carolina Boys Detailing to the People's exchange, from the evergreen girls llc to all of the different Drag Production groups. A huge part of the community in Bremerton is LGBTQIA2S+, its one of the big reasons in a city the size of Bremerton you can catch a drag show almost every weekend night, most weekends multiple shows. The LGBTQIA2S+ community has time and again shown up for Bremerton even when many other groups wouldn't. All I am asking is that City Council continues to show up and support the LGBTQIA2S+. Bremerton is a city with a lot of love and acceptance. Bremerton is not and cannot afford to be a city of exclusion. Thank you, Chance Corey Kitsap County Democrats Secretary 26th LD Democrats Executive At-Large From: addeladle <addeladlestjames@aol.com> Sent: Thursday, October 2, 2025 9:17 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Error It is abominable that comment has been ended in shocking insult to the community. From: Addeladle <addeladle@protonmail.com> Sent: Thursday, October 2, 2025 9:03 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Jus�ce It is abominable that comment has been ended in shocking insult to the community. From: everythingsbitchyashell@yahoo.com <everythingsbitchyashell@yahoo.com> Sent: Thursday, October 2, 2025 9:06 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Misdeed It is abominable that comment has been ended in shocking insult to the community. ting-a-ling