HomeMy WebLinkAbout10/08/2025 STUDY SESSION AGENDA PACKET______________________________________________________________
CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280
* * * A M E N D E D * * *
WEDNESDAY, OCTOBER 8, 2025
CITY COUNCIL STUDY SESSION
Starting at 5:00 PM in Council Conference Room 603
A. PRESENTATION
1. Quarterly Update from Commonstreet (45 minutes) - Senior Outreach and Engagement Specialist
Trisha Munson and Project Manager Brenden Perko Postponed to October 22 Study Session
B. AGENDA BILL BRIEFINGS
1. Approval of accepting FEMA grant for an Assistance to Firefighter Grant (AFG) – Fire Chief Pat
McGanney
2. Resolution approving annexation proceedings for 2925 Perry Avenue (Parcel #122401-1-033-
2002) – Planning Manager Garrett Jackson
3. Public Hearing on Ordinance to approve Zoning Code Amendments – Planning Manager Garrett
Jackson
4. Ordinance to amend the revenue threshold for requiring a business license for out -of-city
businesses and create a no-fee license for businesses under the minimum threshold – Tax &
License Specialist Senior Tara Burgess
5. Ordinance related updates to the definitions of sales for purposes of sales tax collection – Tax &
License Specialist Senior Tara Burgess
6. Agreement to Pre-Purchase Equipment for the Eastside Treatment Plant UV Replacement
Project – Managing Engineer Bill Davis
7. Contract Modification No. 10 with Redside Construction LLC for the Kitsap Lake Park Renovation
Project – Director of Parks & Recreation Tim Barker
8. Approve Extension of Appointment of Chance Berthiaume as Provisional Public Works & Utilities
Director – Human Resources Manager Charlotte Nelson Item added
Continued on next page
Council Conference Room 603 will be open to the public to attend the Study Session in-person, but there
will be no opportunities for input. However, public questions or comments may be submitted at any time to
City.Council@bremertonwa.gov. Please remember that the content of the Agenda Bill items is subject to
change; and no action at the Study Session is anticipated. If approved by the Council, these items will be
placed on the October 15, 2025 City Council Meeting Agenda, or as indicated.
Members of the public may click the link below to join the webinar:
https://bremertonwa-gov.zoom.us/j/87318266756?pwd=ZWlMVnVYbFBHYjY5U1RJUmFreDFXUT09
Or One tap mobile:
US: +12532050468…87318266756#…*857582# or +12532158782…87318266756#…*857582#
Or Telephone: Dial (for higher quality, dial a number based on your current location):
US: +1 253 205 0468 or +1 253 215 8782 or +1 346 248 7799 or +1 669 444 9171
or +1 669 900 6833
Webinar ID: 873 1826 6756; Passcode: 857582
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.
B. AGENDA BILL BRIEFINGS – Continued
9. Collective Bargaining Agreement between the City of Bremerton and the International Association
of Fire Fighters Local 437 – Human Resources Manager Charlotte Nelson Item added
10. Request for Salary Adjustment for Lindsey Victor pursuant to Bremerton Municipal Code Section
2.50.032 (b)(2) – City Clerk Angela Hoover
C. EXECUTIVE SESSION
1. 10-Minutes to Review the Performance of a Public Employee as allowed pursuant to
RCW 42.30.110 (g) No action anticipated
D. GENERAL COUNCIL BUSINESS
1. Public Safety Committee Briefing (Last Meeting 10/2/25) – Council Member Denise Frey
2. Lodging Tax Advisory Committee Briefing (Last Meeting 10/8/25) – Chair Jennifer Chamberlin
3. Regional and Other Committee/Board Briefings
4. Other General Council Business (As necessary and as time allows)
E. ADJOURNMENT OF STUDY SESSION
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: October 8, 2025
Approval of accepting FEMA grant for an
Assistance to Firefighter Grant (AFG)
COUNCIL MEETING Date: October 15, 2025
Department: Fire
Presenter: Chief Pat McGanney
Phone: (360) 473-5380
SUMMARY: The Fire Department would like to accept an Assistance to Firefighter Grant (AFG) from
FEMA to purchase Four FERNO Power Stair chairs. This grant requires a 10% city match. The total
grant request is for $52,015.69. The City’s portion would be $5,201.57.
ATTACHMENTS: None
FISCAL IMPACTS (Include Budgeted Amount): The fiscal impact would be $5,201.57. This would
come out of the Fire budget.
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to authorize the Bremerton Fire Department to accept Assistance to Firefighter Grant from
FEMA for the purchase of four FERNO Power Stair chairs.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
B1
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: October 8, 2025
Resolution approving annexation
proceedings for 2925 Perry Avenue (Parcel
#122401-1-033-2002)
COUNCIL MEETING Date: October 15, 2025
Department: DCD
Presenter: G. Jackson
Phone: (360) 473-5289
SUMMARY: The City received a petition to annex on September 24, 2025. The petition method of
annexation is accomplished with two steps, the first is called the “10% petition,” and the second is
called the “60% petition.” The percentages refer to the law’s requirement that the signatures on the
petition must represent either 10% (first petition) or 60% (second petition) of assessed value or
acreage of land.
After being notified of the proposed annexation, the City Council must set a date within 60 days of
receipt of the petition. The meeting on October 15, 2025 is the required meeting between the
Petitioners and the City Council.
At this meeting the City Council must determine:
1) Whether the city will accept, reject or modify the proposed annexation;
2) Whether it will require simultaneous adoption of a Comprehensive Plan; and
3) Whether it will require assumption of all or any portions of existing city indebtedness by the
area to be annexed.
At the conclusion of the meeting on October 15, 2025 the City Council is expected to pass a
resolution which will allow the annexation to move forward procedurally, and allows the gathering of
signatures for the second step (60% petition).
ATTACHMENTS:
I. Resolution No. _______ which includes:
Notice of Intention to Commence Annexation Proceeding
Legal description of property
Map of Proposed Territory for Annexation
II. Staff Memo
III. Power Point Presentation
FISCAL IMPACTS (Include Budgeted Amount): Fiscal impacts to the City are anticipated to be de
minimis. A fiscal analysis on potential annexation impacts has been included in the Staff Memo as
Attachment II.
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to pass Resolution No. _____ accepting the proposal for 2925 Perry Avenue to commence
annexation proceedings.
COUNCIL ACTION: Approve Deny Table Continue No Action
B2
Form Updated 04/19/2024
1
Annexation – 2925 Perry Avenue
RESOLUTION NO. ________
A RESOLUTION of the City Council of the City of
Bremerton, Washington, accepting the proposal for annexation of
2925 Perry Avenue (parcel #122401-1-033-2002); addressing
interim zoning controls of General Commercial zoning; and
requiring the assumption of all of the City's existing indebtedness
by the area to be annexed and authorizing the circulation of a
petition for annexation.
WHEREAS, on September 24, 2025, the City received a Notice of Intention to
Commence Annexation Proceedings from owner of property at 2925 Perry Avenue NE including
illustrating the proposed area for annexation identified on a map and further described as
depicted in Exhibit 1; and
WHEREAS, the parties initiating the proposed annexation (“Initiating Parties”)
are owners of not less than ten percent (10%) in value of the property, according to the assessed
valuation for which annexation is petitioned; and
WHEREAS, the proposed area for annexation is located within the City’s Urban
Grown Area (“UGA”); and
WHEREAS, the City Council must meet with the Initiating Parties no later than
60 days after filing the request for annexation to consider the petition and decide whether it will
1) accept, reject, or geographically modify the proposed annexation; 2) require the simultaneous
adoption of the comprehensive plan for the area proposed to be annexed; and 3) require the
assumption of all or any portion of City indebtedness by the area to be annexed; and
WHEREAS, the City Council finds that parcel 122401-1-033-2002 should be
evaluated and assigned a land use designation through the City’s annual comprehensive plan
amendment process and further that interim zoning controls pursuant to RCW 35.63.200 should
be implemented until such time as the comprehensive plan amendment process is completed; and
WHEREAS, the City Council adopts findings of fact consistent with RCW
35.63.200 noting that interim zoning controls of General Commercial (“GC”) are appropriate as
the property adjacent to parcel 122401-1-033-2002 is designated General Commercial, and
further affirms interim zoning controls of General Commercial should be applied to the site upon
annexation; and
WHEREAS, City Council has set October 8, 2025, as the date that it will meet
with the Initiating Parties to consider the petition; and
WHEREAS, City Council finds that it is in the best interest of the City to accept
the proposed annexation as presented, interim zoning controls of General Commercial should be
2
Annexation – 2925 Perry Avenue
applied for the area proposed to be annexed, and require the assumption of all or any portion of
City indebtedness by the area to be annexed; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The recitals set forth above are hereby incorporated by reference as
set forth herein in full.
SECTION 2. The Petition for Annexation of Territory to the City of Bremerton
attached hereto as Exhibit 1, is hereby accepted as presented without any geographic
modification to the area proposed to be annexed.
SECTION 3. The City Council adopts findings of fact consistent with RCW
35.63.200 noting that interim zoning controls of General Commercial (“GC”) are appropriate
until such time as the comprehensive plan amendment process is completed.
SECTION 4. The City Council shall require the assumption of all existing City
indebtedness by the area to be annexed.
SECTION 5. To proceed with the proposed annexation, the Initiating Parties
shall be required to submit the appropriate petition to the City Council for consideration and
further action all deemed appropriate pursuant to RCW 35.13.130.
SECTION 6. Severability. If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
SECTION 7. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
[SIGNATURES ON NEXT PAGE]
3
Annexation – 2925 Perry Avenue
PASSED by the City Council of the City of Bremerton, Washington this _____
day of __________________, 2025.
_________________________________
ERIC YOUNGER, Council President
APPROVED AS TO FORM: ATTEST:
____________________________ ___________________________
KYLIE FINNELL, City Attorney ANGELA HOOVER, City Clerk
EXHIBIT I
EXHIBIT I
EXHIBIT I
To: City Council
From: Garrett Jackson
Date: October 8, 2025
Subject: Annexation of North Perry Avenue Water District Parcel
SUMMARY
The North Perry Avenue Water District (property
owners of 2925 Perry Ave NE, Parcel #: 122401-1-
033-2002) have petitioned the City for annexation.
The proposed lot is .19 acres (or 8,276 square feet)
in area. The City would also annex to the centerline
of Perry Avenue, for areas directly in front of the
parcel, which is less than 70 linear feet. Areas
western of the centerline of Perry Avenue are
currently within incorporated City limits to the north
and south of the parcel proposed for annexation. The
North Perry Avenue Water District was formed on
November 24, 1942 and serves more than 21,000
customers. The Water District purchased the area
commonly referred to as the “Perry Avenue Mall” on
April 14th 2025. The North Perry Avenue Water
District now seeks annexation of their existing
administrative building located at 2925 Perry Avenue
to more easily incorporate it into the larger campus
now under its ownership.
COMPREHENSIVE PLAN
The subject property is located within the associated East-Bremerton Urban Growth Area (UGA). As
relayed in the Comprehensive Plan policies provided below, the City Council should consider the short
and long term impacts of annexation. The Comprehensive Plan encourages the City to annex areas that
create logical boundaries and reasonable service areas; this should be a consideration as the proposed
annexation area is surrounded on three sides by incorporated City limits.
• LU1-UGA(G): Evaluate annexations on the basis of their short and long-term community impacts and benefits.
• LU1-UGA(I): Encourage and assist property owners in existing unincorporated "islands" or "peninsulas" in the
City's urban growth area to annex to the City
DEPARTMENT OF
COMMUNITY DEVELOPMENT
MEMORANDUM
Memo Comprehensive Plan
Page 2
• LU1-UGA(H}: Support annexations that create logical boundaries and
reasonable service areas within the City's urban growth areas, where the
City has the fiscal capacity to provide services, while requiring property
owners within an annexing area to assume a share of the city's bonded
indebtedness.
• ED1(G): Support and encourage annexations when appropriate. Continue to
monitor land supply and availability for development sites throughout the city.
GROWTH FORECAST
Population, housing and job growth forecasts were allocated to
Bremerton, and it’s associated Urban Growth Areas, through the
Countywide Planning Policies for Kitsap County. Utilizing Kitsap County
Buildable Lands methodology for anticipating growth potential, the parcel
proposed for annexation is fully built out, and accordingly, no future
growth associated with the lot is anticipated.
FISCAL ANALYSIS
As the area proposed for annexation is
very limited, at 8,276 square feet, impacts
to the City are de minimis, with no new
Full Time Employees (FTEs) needed to
support the proposal. Given the public
utility status of the property owner, ability
to collect tax revenue is generally not
applicable, however, City car tab fees
would apply to vehicles associated with
the property. Sanitary sewer services are
currently the only City utility service used
by the site. The City presently assesses a
fifty percent utility surcharge for properties
within UGAs; as shown in examples from
sample years of 2023 and 2024,
incorporation into the City would result in
losing less than $400 annually in sanitary
sewer fees due to removal of UGA
surcharge. Retail Stormwater Rates would
apply to the parcel, and as shown in the
table below, are estimated to result in an
approximately $75 monthly charge ($900
annually). As the proposed annexation
area, including right of way (see adjacent
image), is surrounded by incorporated
City limits, streets maintenance planning for this area would be more predictable after annexation. For a
complete list of potential capital facility projects in the proximity of the proposed annexation area, please
see the Comprehensive Plan City Services Appendix.
OUTSIDE UTILITY AGREEMENTS Outside Utility Agreements (OUAs) are contracts required by the
City from property owners located in UGAs seeking to connect to City utilities. OUAs indicate that the
property owner agrees to future annexation of their lot in exchange for City utility service. OUAs can be a
Financial Impact Summary Table
Estimated Sanitary Sewer Fees
Year Current UGA Surcharge Amount Amount without
UGA Surcharge
2023 $1,179.92 $786.66
2024 $1,171.56 $781.09
Stormwater Management (Estimated Annual Stormwater Fees)
Estimated 7,050 sqft of impervious surfaces on existing 8,276
square foot lot results in a monthly fee of approximately $75
Drinking Water
The site is not serviced with City drinking water.
Streets/Transportation
Impacts to streets/transportation
are expected to be minimal. As
seen in the adjacent image,
incorporated Right of Way (ROW)
areas exist to the north and south
of the lot proposed for annexation;
current City limits extend to the
centerline of Perry Avenue. Should
this parcel be annexed, it would
add less than 70 linear feet of
ROW to incorporated City limits.
Law Enforcement and Fire/Emergency Services
Given the size of the site, additional FTEs for Law Enforcement and
Fire/Emergency Services are not anticipated.
Memo Comprehensive Plan
Page 3
valuable tool when considering whether or not it is possible to
incorporate larger geographic areas into the City. When a specific
annexation is proposed, Staff perform a review of potential
annexation areas based on the number of OUAs present in any
given geographic area. As seen in the adjacent image, OUAs
within this area are sparse; accordingly it is not recommended to
included additional areas for annexation at this time. By leaving
existing properties with OUAs within the UGA, future annexation
may have a greater chance of success, as OUA properties would
be eligible for calculation in a future 60% petition area.
GENERAL COMMERCIAL ZONING
The proposed annexation area currently has no associated
zoning, and accordingly should be evaluated and assigned a
land use designation through the City ’s annual
Comprehensive Plan amendment process. General
Commercial interim zoning controls pursuant to RCW
35.63.200 should be implemented until such time as the
comprehensive plan amendment process is completed. As
seen in the adjacent image, the subject property is surrounded
on three sides by the General Commercial zone, and the
parcel is developed with office space uses commonly
associated with this zone.
SUMMARY
The City received a petition to annex on September 24, 2025. The
petition method of annexation is accomplished with two steps, the
first is called the “10% petition,” and the second is called the “60%
petition.” The percentages refer to the law’s requirement that the
signatures on the petition must represent either 10% (first petition)
or 60% (second petition) of assessed value or acreage of land.
After being notified of the proposed annexation, the City Council
must set a date within 60 days of receipt of the petition. The
meeting on October 8, 2025 is the required meeting between the
Petitioners and the City Council.
At this meeting the City Council must determine:
• Whether the city will accept, reject or modify the proposed annexation;
• Whether it will require simultaneous adoption of a Comprehensive Plan; and
• Whether it will require assumption of all or any portions of existing city indebtedness by the area to be
annexed.
At the conclusion of the meeting on October 8, 2025 the City Council is expected to pass a resolution which
will allow the annexation to move forward procedurally, and allows the gathering of signatures for the second
step (60% petition).
Perry Avenue Water District
Notice of Intention to Commence Annexation Proceeding
Presenter: Garrett Jackson
1
Orders of the Day (RCW 35.13.125)
The City Council shall meet with the initiating parties to
determine:
Whether the city will accept, reject, or geographically modify
the proposed annexation
Whether it shall require the assumption of existing city
indebtedness by the area to be annexed (decision must be
recorded in minutes)
Whether it shall require the simultaneous adoption of the
comprehensive plan (decision must be recorded in minutes)
Accept interim zoning of General Commercial until such time
as a permanent zoning designation is established through the
annual Compressive Plan process (RCW 35.63.200)2
Comprehensive Plan Policies
LU1-UGA(G): Evaluate annexations on the basis of their short and long-term community
impacts and benefits.
LU1-UGA(I): Encourage and assist property owners in existing unincorporated "islands" or
"peninsulas" in the City's urban growth area to annex to the City.
LU1-UGA(H): Support annexations that create logical boundaries and reasonable service
areas within the City's urban growth areas, where the City has the fiscal capacity to
provide services, while requiring property owners within an annexing area to assume a
share of the city's bonded indebtedness.
ED1(G): Support and encourage annexations when appropriate. Continue to monitor land
supply and availability for development sites throughout the city.
3
4SITE LOCATION2925 PERRY AVE
AERIAL IMAGERY
2925 PERRY AVE
SUBMITTED SURVEY
5SITE DETAILSPARCEL: 8,276 sq. ft
USE:2,232 Office Building
PROPERTY:Publicly Owned
Urban Growth Area: Bremerton East UGA
Fiscal Considerations
De minimis impacts to City due to limited geographical area
Publicly owned property exempt from property tax
Sanitary Sewer fee adjustment for UGA surcharge
Added stormwater management fees
6
Outside Utility Agreements (OUAs)
Outside Utility Agreements (OUAs) are an agreement to
future annexation, and are required when properties
outside of City limits connect to City utilities.
OUAs in the surrounding area are sparse, likely making
annexation of additional UGA infeasible.
7
General Commercial (GC) Interim Zoning
The site currently has no City zoning, however,
zoning surrounding the lot is General
Commercial (GC)
RCW 35.63.200 allows for interim zoning. Requires
public hearing.
Site will be evaluated through the City ’s annual
Comprehensive Plan amendment process for a
permanent Land Use designation.
8
Orders of the Day (RCW 35.13.125)
The City Council shall meet with the initiating parties to determine:
Whether the city will accept, reject, or geographically modify
the proposed annexation
Whether it shall require the assumption of existing city
indebtedness by the area to be annexed (decision must be
recorded in minutes)
Whether it shall require the simultaneous adoption of the
comprehensive plan (decision must be recorded in minutes)
Accept interim zoning of General Commercial until such time
as a permanent zoning designation is established through the
annual Compressive Plan process 9
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: October 8, 2025
Public Hearing on Ordinance to approve
Zoning Code Amendments
COUNCIL MEETING Date: October 15, 2025
Department: DCD
Presenter: G. Jackson
Phone: (360) 473-5289
SUMMARY:
The action before Council is to conduct a Public Hearing and adopt an ordinance amending Title 20
of the Bremerton Municipal Code, which would 1) allow limited Neighborhood Scale Commercial
uses in residential zones (20.46 Special Development Standards); 2) establish permitting procedures
as required per RCW 35.21.683 for transitional housing, permanent supportive housing, indoor
emergency shelters, and indoor emergency housing (20.42 Definitions, 20.46 Special Development
Standards); and 3) update design standards for commercial and mixed-use structures (20.42
Definitions, 20.62 General Commercial, 20.70 District Center Core, 20.79 High Density Residential,
20.82 Neighborhood Business, 20.98 Institutional). A public workshop was held July 21, 2025, and
the Planning Commission recommended the City Council approve the proposed amendments at a
Public Hearing held on September 15, 2025.
ATTACHMENTS:
Proposed Ordinance
Exhibit A – Planning Commission Findings and Conclusions
Exhibit B – Zoning Code Amendments in legislative markup
Staff Memo
Power Point Presentation
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing
RECOMMENDED MOTION: Move to pass Ordinance No. ______ as recommended by the Planning
Commission to amend Bremerton Municipal Code Title 20 as presented in Exhibit B.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
B3
1
Title 20 BMC Updates – Zoning Code Amendments
ORDINANCE NO. ________
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending the Bremerton Municipal Code
Title 20 related to facility types consistent with RCW 35.21.683;
Neighborhood Scale Commercial; and updates to Design Standards.
WHEREAS, through practical use and application of the Zoning Code the need
for modification has been identified; and
WHEREAS, the City of Bremerton (“City”) has established a procedure for
amending the Zoning Code in Title 20.18.020(d) of the Bremerton Municipal Code (“BMC”),
which requires amendments to the Zoning Code to be both consistent with the goals and policies
of the Comprehensive Plan and to be consistent with other applicable rules and regulations; and
WHEREAS, the proposed zoning code amendments will align City of Bremerton
zoning regulations with RCW 35.21.683 related to transitional housing, permanent supportive
housing, indoor emergency shelters, and indoor emergency housing; and
WHEREAS, interest has been expressed at the State level and from City residents
to allow for certain small businesses to be located within limited residential areas, for the sake of
walkability, community connection, and entrepreneurship; and
WHEREAS, Design Standards in the City of Bremerton’s commercial and mixed
use zones contain some elements of inconsistency, and amendments could alleviate this and
provide flexibility in certain situations;
WHEREAS, these amendments are consistent with the City’s Comprehensive
Plan, County Wide Planning Policies, the State Growth Management Act, and other applicable
regulations and ordinances; and
WHEREAS, on July 21, 2025 the Planning Commission conducted a workshop
on the proposed Zoning Code amendments; and
WHEREAS, on September 5, 2025 the public was notified by a legal
advertisement in the Kitsap Sun of the opportunity to make comment and participate in the
public hearing held by the Planning Commission; and
WHEREAS, on July 25, 2025 proposed Zoning Code amendments were
circulated to the Department of Commerce for the requisite review and comment period; and
WHEREAS, on August 1, 2025, a State Environmental Policy Act (“SEPA”)
Environmental Checklist was circulated to stakeholders and the State Agencies for review; and
2
Title 20 BMC Updates – Zoning Code Amendments
WHEREAS, on August 1, 2025, a SEPA Determination of Nonsignificance
(“DNS”) was issued for the proposed action with a comment period, and no appeals were filed;
and
WHEREAS, on September 15, 2025 the Planning Commission conducted a public
hearing on the Zoning Code amendments and formulated a recommendation to forward the
amendments for City Council consideration; and
WHEREAS, on October 2, 2025 the public was notified by a legal advertisement
in the Kitsap Sun of the opportunity to make comment and participate in the public hearing on
October 15, 2025 by the City Council; and
WHEREAS, on October 15, 2025, the City Council conducted a public hearing
and considered all testimony prior to their decision; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings and Recitals Incorporated. The findings and recitals set
forth above are hereby adopted and incorporated herein by this reference.
SECTION 2. Planning Commission Findings. The findings and conclusions
adopted by the Planning Commission attached hereto as Exhibit A are adopted and incorporated
as if set forth herein in full.
SECTION 3. Land Use Code Amended. Title 20 of the Bremerton Municipal
Code entitled “Land Use,” commonly known as the zoning code, is hereby amended as set forth
in Exhibit B, attached hereto and incorporated herein by this reference.
SECTION 4. Corrections. The City Clerk and codifiers of this ordinance are
authorized to make necessary corrections to this ordinance, including but not limited to, the
correction of scrivener, clerical, typographical, and spelling errors, references, ordinance
numbering, section/subsection numbers and any references thereto.
SECTION 5. Severability. If any one or more sections, subsections, or sentences
of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this ordinance and the same shall remain in full force and
effect.
SECTION 6. Effective Date. This ordinance shall take effect October 25, 2025.
3
Title 20 BMC Updates – Zoning Code Amendments
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 FINNELL, City Attorney
PUBLISHED the ________ day of _____________________, 2025.
EFFECTIVE the ________ day of _____________________, 2025.
ORDINANCE NO. ____________
20.42 DEFINITIONS
(e) Definitions “E”.
“Easily Adaptable to a Commercial Use” means the space is constructed to meet International
Building Code (IBC), International Fire Code (IFC), and utility requirements for minimum
standards accepted by the Department for a Type-B occupancy.
"Education" and "school" means an institution primarily engaged in teaching and learning,
operated by a public school district, nonprofit organization, or a private organization. Business
and trade schools and Montessori schools are included, as are satellite buildings of higher
education colleges.
"Education, higher and college" means a higher education college or university primarily
engaged in teaching and research, and comprised of multiple educational buildings within a
campus setting.
"Electric vehicle charging station" means a public or private parking space that is served by
battery charging station equipment that has as its primary purpose the transfer of electric energy
(by conductive or inductive means) to a battery or other energy storage device in an electric
vehicle. An electric vehicle charging station equipped with Level 1 (one hundred twenty (120)
volts) or Level 2 (two hundred forty (240) volts) charging equipment is permitted outright as an
accessory use to any principal use.
"Electric vehicle infrastructure" means structures, machinery, and equipment necessary and
integral to support an electric vehicle, including battery charging stations, rapid charging
stations, and battery exchange stations.
"Entertainment use" means an establishment with a primary function as a venue for
entertainment activities in an indoor facility, excluding motion picture theaters and adult
entertainment. Entertainment uses include video arcades, bowling alleys, billiard halls,
performing arts centers, dance halls/night clubs and similar uses.
"Equipment structure" means a structure, shelter, cabinet, or vault used to house and protect
the electronic equipment necessary for processing wireless communication signals. Associated
electronic equipment may include air conditioning, backup power supplies and emergency
generators.
(i) Definitions "I":
"Illegal sign" means any sign or advertising device which was erected or altered in violation of
the sign codes in effect at the time of such action and which remain in violation of existing
codes.
"Impervious surface" means any material which reduces or prevents absorption of stormwater
into previously undeveloped land. (See also "Paved surface.")
"Incidental signs" means signs that are intended for the convenience of the public, which are
informational only, and which do not include the advertising of products or services. Such signs
include business hours signs, credit card signs, entrance and exit signs, and similar signs, some
of which may be required by law for safety purposes.
"Incubator for business" means a facility that provides organizational, mentoring or capital
support intended to accelerate the successful development of start-up companies, or imparts job
and business skills to employees or trainees. Incubated businesses make progress toward
graduation to independence and relocation into permanent facilities.
“Indoor emergency housing” is temporary indoor accommodations for individuals or families
who are homeless or at imminent risk of becoming homeless that is intended to address the basic
health, food, clothing, and personal hygiene needs of individuals or families. Emergency housing
may or may not require occupants to enter into a lease or an occupancy agreement.
“Indoor emergency shelter” is a facility that provides a temporary shelter for individuals or
families who are currently homeless. Emergency shelter may not require occupants to enter into
a lease or an occupancy agreement. Emergency shelter facilities may include day and warming
centers that do not provide overnight accommodations.
(m) Definitions "M":
"Maintain" means to allow to exist or continue to exist. Also, where the context indicates, to
keep in a safe, neat and clean condition.
"Major transit stop" means either a stop on a high-capacity transportation system funded or
expanded under the provisions of Chapter 81.104 RCW; or commuter rail stops; or stops on rail
or fixed guideway systems; or stops on bus rapid transit routes, including those stops that are
under construction.
"Manufactured home" means a single-family dwelling required to be built in accordance with
regulations adopted under the National Manufactured Housing Construction and Safety
Standards Act of 1974 (42 U.S.C. 5401 et seq.). The unit shall bear an insignia issued by a state
or federal regulatory agency indicating that the manufactured home complies with all applicable
construction standards of the U.S. Department of Housing and Urban Development (HUD).
Commercial coaches, recreational vehicles, travel trailers, and motor homes are neither
manufactured homes nor dwelling units. (See "Mobile home.")
"Marina" means a facility which provides moorage or wet or dry storage for watercraft or float
planes, and which may offer marine-related sales and services.
"Medical office" and "clinic" mean an establishment primarily engaged in providing medical,
dental or other health care services to patients on the premises, but which excludes facilities for
overnight patient care. Medical clinics that do not have facilities for overnight patient care are
included.
"Middle housing" means buildings that are compatible in scale, form, and character with
single-family houses and contain two (2) or more attached, stacked, or clustered homes including
duplexes, triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked flats, courtyard
apartments, and cottage housing.
"Mini-storage," for the intent of this title, means an accessory business that may contain office
and individual compartmentalized self-storage units, stalls, or lockers which are rented or leased
for the storage of household or business goods, supplies or materials. Mini-storage shall be an
accessory use that is subordinate and incidental to the permitted principal use. (See "Light
industrial/manufacturing" for further clarification of "mini-storage" when it is a primary use.)
“Mixed-use Building” means the development of a site or building with a combination of
residential and nonresidential uses in a single or physically integrated group of buildings.
"Mobile home" means a factory-built dwelling built before June 15, 1976, to standards other
than the National Manufactured Housing Construction and Safety Standards Act of 1974
(42 U.S.C. 5401 et seq.), and acceptable under applicable state codes in effect at the time of
construction or introduction of the home into this state. Mobile homes are accommodated within
some existing mobile home parks, but are not allowed on individual lots. (See "Manufactured
home.")
"Monument sign" means a freestanding sign placed on a base of solid appearance, wherein the
width of the base is equal to at least forty (40) percent of the width of the sign face.
"Motion picture theater" means any premises in which motion pictures are shown as the
principal use of the premises, and wherein fees of any kind are charged, and wherein such
movies are shown on a regular basis.
"Multiple-building complex" means a group of structures housing a combination of business,
office, residential, or other uses, and which shares a common area, access, parking and/or other
facilities.
"Multiple-occupancy building" means a single building housing more than one (1) retail
business, office, commercial venture or other allowed land use.
"Museum" and "gallery" mean a building, room, vessel (boat or ship), or site intended for the
preservation and exhibition of artistic, historical, or scientific objects.
(p) Definitions "P":
"Parcel" means a continuous quantity of land in single ownership or under single control,
consisting of one (1) or more lots, and considered a unit for purposes of development. (See
"Lot.")
"Park," "playground" and "open space" mean a site designed, developed, or reserved for
recreational use by the public, such as play areas, community gardens and natural areas.
"Parking, satellite" means a parking lot containing parking stalls required for a permitted land
use which conforms to BMC 20.48.220.
"Parking, structure" means a parking lot in which parking stalls are located either below grade,
or in a multilevel building structure.
"Paved surface" means a surface paved with asphalt, concrete, concrete pavers, brick or similar
durable materials. Low-impact development technologies which provide a hard surface while
allowing for water penetration shall be classified as paved areas. Paved areas do not include
gravel, crushed rock, and similar nonbound materials.
"Pedestrian-oriented" means development designed with an emphasis primarily focused on
pedestrian access from the street and sidewalks rather than vehicle-dominant design. In general,
buildings are placed close to the street and the main entrance(s) is oriented to the street sidewalk
and generally includes windows or display cases along building facades which face the street or
pedestrian areas.
“Pedestrian-Oriented” means commercial uses with the following attributes:
1. Scale and character that encourages an approach by either walking or cycling.
2. Walk-in trade and small business establishments such as specialized retail and food
stores, restaurants, personal service establishments, convenience stores, professional
services.
3. Contain outdoor displays and contribute to the ground level activity of the street.
"Permanent supportive housing" is subsidized, leased housing with no limit on length of stay
that prioritizes people who need comprehensive support services to retain tenancy and utilizes
admissions practices designed to use lower barriers to entry than would be typical for other
subsidized or unsubsidized rental housing, especially related to rental history, criminal history,
and personal behaviors. Permanent supportive housing is paired with on-site or off-site voluntary
services designed to support a person living with a complex and disabling behavioral health or
physical health condition who was experiencing homelessness or was at imminent risk of
homelessness prior to moving into housing to retain their housing and be a successful tenant in a
housing arrangement, improve the resident's health status, and connect the resident of the
housing with community-based health care, treatment, or employment services. Permanent
supportive housing is subject to all of the rights and responsibilities defined in chapter 59.18
RCW.
"Personal service" means an establishment engaged primarily in providing services involving
the care of a person, apparel or minor appliances, such as: shoe repairs, laundry and dry-
cleaning, beauty and barber shops, clothing/costume rental, tanning, other personal grooming
facilities and domestic assistance services, and personal computing device or cellular phone
repairs. This does not include massage parlors, health care services, exercise establishments, nor
funeral services.
"Physical fitness and health club" means an establishment primarily engaged in providing
facilities for indoor physical fitness activities and recreation. Physical fitness and health clubs
may include such facilities as gymnasiums, swimming pools, and ball courts.
"Pole sign" means a freestanding sign supported by uprights or braces wherein the width of the
uprights or braces comprises less than forty (40) percent of the width of the sign face.
"Porch" means a roofed open area attached to a building or other structure, usually at an
entrance to the structure. A porch that is enclosed, glazed or screened may lose its status as an
appurtenance.
"Portable sign" means any sign designed to be moved easily and not permanently affixed to the
ground or to a structure or building. A-frame or sandwich board signs, movable readerboard
signs, and signs that are mounted, attached or painted on a trailer, boat or motor vehicle which is
parked, stored or displayed conspicuously in a manner intended to attract the attention of the
public are examples.
"Premises" means contiguous land in the same ownership or control not divided by a street or
public right-of-way.
"Private club or lodge" means structures, facilities and grounds owned or operated by a private
or fraternal organization for use by its members and guests.
"Projecting sign" means a sign, other than a wall sign, which is attached to and projects from a
structure or building facade and the face(s) of which is not parallel to the building’s facade. This
sign may be supported by a structure in addition to its building or wall support.
"Public administration" means services and facilities operated by public agencies and serving a
community need, and generally including staffed facilities or office spaces. These include
government offices, post offices, satellite police and fire stations, and other public buildings.
"Public distribution/transmission facility" means the infrastructure lines and connections
employed in the delivery and conveyance of utility services. Distribution facilities include
equipment such as pipes, wires, cables and similar equipment necessary for delivering utilities
including water, sewer, electricity, gas, broadband, and other services. Publicly owned utilities as
well as privately owned utilities that serve the general public are included. (See also "Public
utility facility.")
"Public information/identification sign" means a sign intended solely to inform the public of
events or activities of community interest, to identify the entrance to or exit from the City or a
district or neighborhood within the City, and which does not include the advertising of any
business, product or service of a commercial nature, nor any logo, symbol, or other indication of
a commercial message or sponsorship.
"Public services" means services provided for the benefit of the general public, including fire
protection and suppression, law enforcement, public health, education, information, recreation,
environmental protection, development assistance/permitting, etc.
"Public utility facility" means facilities provided for the benefit of the general public related to
infrastructure and utilities. These include structures and equipment such as transfer stations,
substations, pumping stations, distribution mains, wells, and related utility facilities and the
structures that house them. Publicly owned utilities as well as privately owned utilities that serve
the general public are included. (See also "Public distribution/transmission facility.")
(t) Definitions "T":
"Temporary sign" means a sign that is not permanently affixed, and which is intended for short-
term use, such as to advertise a specific activity such as a special promotion, sale, or fundraising
event. For the purposes of this code, temporary signs are those displayed for between seven (7)
and sixty (60) days.
Townhouse. See "Dwelling, townhouse."
"Townhouses" means buildings that contain three (3) or more attached single-family dwelling
units that extend from foundation to roof and that have a yard or public way on not less than two
(2) sides.
"Transient person" means a temporary lodger who stays no longer than thirty (30) days per
visit.
“Transitional housing” means a facility that provides housing and supportive services to
homeless individuals or families for up to two years and whose primary purpose is to enable
homeless individuals or families to move into independent living and permanent housing.
20.46 SPECIAL DEVELOPMENT STANDARDS
20.46.240 NEIGHBORHOOD SCALE COMMERCIAL.
This code section relates to allowing small business establishments in residential zones.
Neighborhood-Scale Commercial shall be processed as a Type II Permit Conditional Use Permit.
In all residential zones, Neighborhood-Scale Commercial may be permitted when conforming to
the International Building Code, International Fire Code, and the following criteria:
(a) Use. The following uses are permitted per this section.
(1) Restaurant,
(2) Drinking Place, only when also offering food,
(3) Market/grocery store, only when limited to sale of food, beverages, and household items.
(4) Personal services
(b) Zone. Conforms with all applicable development, design, and signage standards of the
underlying zone;
(c) Size. The area of the commercial use shall not exceed the following:
(1) 1,200 square feet of new construction.
(2) 2,500 square feet for existing buildings.
(3) Size limitations of this section do not apply to the High Density Residential zone or
Adaptive Reuse Of Commercial Buildings per BMC 20.46.070.
(d) Structure. The business shall be wholly situated indoors, within an enclosed space.
(e) Landscaping. Landscaping is provided consistent with the underlying zone and BMC
20.50.050.
(f) Access. Site shall front on a public right-of-way and not be located on a dead-end street or
cul-de-sac.
(g) Spacing. Location is limited to corner lots of intersecting streets, not including alleys.
(h) Hours of Operation. Business activities shall cease after 10PM.
(i) Noise. Onsite uses shall conform to BMC 6.32 Noise Levels.
20.46.250 TRANSITIONAL HOUSING, PERMANENT SUPPORTIVE HOUSING,
INDOOR EMERGENCY SHELTERS, AND INDOOR EMERGENCY HOUSING.
(a) Intent. Consistent with RCW 35.21.683, the following standards provide a process to meet
the need for facilities housing individuals or families who are homeless, or at imminent risk
of becoming homeless, while ensuring public health, safety and welfare.
(b) Transitional Housing, and Permanent Supportive Housing, is permitted in any zone in which
residential dwelling units or hotels are an allowed use, provided a conditional use permit is
approved pursuant to BMC 20.58.020 and subject to the corresponding conditions per BMC
20.46.250(d).
(c) Indoor Emergency Shelters, and Indoor Emergency Housing, is permitted in any zone in
which hotels are an allowed use, provided a conditional use permit is approved pursuant to
BMC 20.58.020 and subject to the corresponding conditions per BMC 20.46.250(d).
(d) Service providers must exercise reasonable and appropriate on-site supervision of facilities
and program participants at all times, unless it can be demonstrated through the operations
plan that this level of supervision is not warranted for the population being housed. The use
shall comply with all Federal, State, and local laws and regulations. Conditional Use Permit
applications to the City shall conform with the following:
(1) The applicant must provide an operation plan at the time of the application that
adequately addresses the following elements:
(i) Name, roles, and contact information for key staff;
(ii) Site/facility management, including security policies and an emergency management
plan;
(iii)Occupancy policies, including resident responsibilities and a code of conduct that
address, at a minimum, the use or sale of alcohol and illegal drugs, threatening or
unsafe behavior, and weapon possession;
(2) Managing agencies and the Bremerton Police Department (BPD) shall establish
reasonable protocols for access and coordination for the subject facility and its residents.
20.62 GENERAL COMMERCIAL
20.62.070 DESIGN STANDARDS.
The following design standards shall be applied to all new structures and redeveloped structures.
Residential development of three (3) units or fewer are exempt from this section. When
development involves the remodel or expansion of existing structures, the Director may modify
these requirements to reasonably fit the scope and scale of the remodel or expansion.
(a) Primary Design Features. The following criteria shall be applied to all primary building
facades and facades facing public streets:
(1) Top and Base. Buildings shall convey a visually distinct base and top. A "base" can
be emphasized by a different material masonry pattern, more architectural detail, visible
plinth above which the wall rises, storefront, canopies, or a combination. The top edge is
highlighted by a prominent cornice, projecting parapet or other architectural element that
creates a shadow line.
(2) Orientation. All properties adjacent to a public right-of-way shall orient structures
toward the primary street. Properties located at intersections should orient their structures
toward the intersecting corner.
(3) Minimum Transparency. At least sixty (60) percent of all facades facing the public
sidewalk, or sidewalks providing circulation within a site, measured to between two (2) and
eight (8) feet in height above the sidewalk or surface grade, shall be comprised of
transparent windows or doors. The Director may modify transparency standards for facades
facing a private street, accessory structures, and structures granted an increased setback per
BMC 20.62.060(a), when an additional secondary design feature per BMC 20.62.070(b) is
incorporated into the design.
(4) Blank Facades. Building facades shall not present a blank facade to view from public
rights-of-way, common parking areas, or residential properties. Such facades may be
broken by windows, trellises, columns, variations in plane, or other devices that add
variation and interest to the facade.
(5) Mechanical Equipment Screening. Rooftop and ground-level mechanical equipment
shall be screened from view from public streets. Screening materials shall be
architecturally compatible similar to the primary structure.
(6) Ground-Floor. Ground-floor frontage of a structure facing a public right-of-way must
conform to either subsection (a)(6)(i) or (ii) of this section,
except as provided in subsection (a)(6)(iii) of this section:
(i) Constructed for Pedestrian-Oriented Uses. At least fifty (50) percent of the
floor area abutting the linear sidewalk level shall be designed and
constructed for "pedestrian-oriented" uses.
(ii) Constructed for Future Pedestrian-Oriented Uses. At least fifty (50)
percent of the floor area abutting the linear sidewalk level shall be
constructed to be Easily Adaptable to a Commercial Use and may be
occupied by any use permitted in BMC 20.62.020 or BMC 20.62.040. The
sidewalk level facade must include an entrance or entrances to
accommodate a single or multiple tenants or be structurally designed so
entrances can be added when converted to the building uses listed in BMC
20.62.020.
(iii) Exception. For structures that abut two (2) or more public rights of way
and contain topography or other site constraints that would make the
placement of the pedestrian-oriented use on the ground floor difficult for
the public to utilize, the pedestrian-oriented requirement in subsections
(a)(6)(i) and (ii) of this section may be reduced to one (1) street frontage.
(b) Secondary Design Features. Three (3) secondary design features are required from the
following list:
(1) Multiple Roof Lines. Structures shall have at least three (3) horizontal roof lines, as
viewed from the front facade.
(2) Modulation. The horizontal plane of a structure shall not extend for more than thirty
(30) feet, as measured from any one (1) point of the structure, without a significant
architectural variation of at least two (2) feet in depth.
(3) Facade Materials. At least three (3) different facade materials shall be incorporated
into the exterior appearance of the structure (wood, brick, stucco, tile, shingles, other).
(4) Additional Transparency. An additional fifteen (15) percent transparency to what is
required per subsection (a)(3) of this section.
(5) Weather Protection. Recessed or protruding building features, of no less than four (4)
feet in depth, which extend along at least fifty (50) percent of the front facade.
(6) Main Entry. Pedestrian entrances are preferred from buildings facing the street.
Entries shall be easily identifiable from the street or sidewalk; this can be accomplished
through architectural or ornamental features.
(7) Public Amenity. Outdoor eating area, artwork, street furniture, plantings in window
boxes, public trash receptacles, or other alternative public amenity approved by the
Director. Any proposed amenity shall be architecturally compatible with the principal
structure. Any approved amenity shall be maintained for the life of the project. (Ord. 5319
§11, 2017: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5046 §8, 2008: Ord. 4950 §8 (Exh. A)
(part), 2005)
BMC 20.70 DISTRICT CENTER CORE (DCC)
20.70.070 DESIGN STANDARDS.
The following design standards shall be applied to all new structures and redeveloped structures.
Residential development of three (3) units or fewer is exempt from this section. When
development involves the remodel or expansion of existing structures, the Director may modify
these requirements to reasonably fit the scope and scale of the remodel or expansion.
(a) Primary Design Features. The following criteria shall be applied to all primary building
facades and facades facing public streets:
(1) Top and Base. Buildings shall convey a visually distinct base and top. A "base" can be
emphasized by a different material masonry pattern, more architectural detail, visible plinth
above which the wall rises, storefront, canopies, or a combination. The top edge is
highlighted by a prominent cornice, projecting parapet or other architectural element that
creates a shadow line.
(2) Orientation. All properties adjacent to a public right-of-way shall orient structures
toward the primary street. Properties located at intersections should orient their structures
toward the intersecting corner.
(3) Minimum Transparency. At least sixty (60) percent of all facades facing the public
sidewalk, or sidewalks providing circulation within a site, measured to between two (2) and
eight (8) feet in height above the sidewalk or surface grade, shall be comprised of
transparent windows or doors. The Director may modify transparency standards for facades
facing a private street, accessory structures, and structures granted an increased setback per
BMC 20.70.060(a), when an additional secondary design feature per BMC 20.70.070(b) is
incorporated into the design.
(4) Blank Facades. Building facades shall not present a blank facade to view from public
rights-of-way, common parking areas, or residential properties. Such facades may be
broken by windows, trellises, columns, variations in plane, or other devices that add
variation and interest to the facade.
(5) Mechanical Equipment Screening. Rooftop and ground-level mechanical equipment
shall be screened from view from public streets. Screening materials shall be
architecturally compatible similar to the primary structure.
(6) Ground-Floor. Ground-floor frontage of a structure facing a public right-of-way must
conform to either subsection (a)(6)(i) or (ii) of this section, except as provided in
subsection (a)(6)(iii) of this section:
(i) Constructed for Pedestrian-Oriented Uses. At least fifty (50) percent of the floor
area abutting the linear sidewalk level shall be designed and constructed for
"pedestrian-oriented" uses.
(ii) Constructed for Future Pedestrian-Oriented Uses. At least fifty (50) percent of the
floor area abutting the linear sidewalk level shall be designed and constructed to
accommodate potential future conversion to "pedestrian-oriented" uses be Easily
Adaptable to a Commercial Use and may be occupied by any use permitted in
BMC 20.70.020 or 20.70.040.The areas designed and constructed to accommodate
future conversion shall meet the following standard, in addition to any other required
design standards: The sidewalk level facade must include an entrance or entrances to
accommodate a single or multiple tenants or be structurally designed so entrances can
be added when converted to the building uses listed in BMC 20.70.020.
(iii) Exception. For structures that abut two (2) or more public rights-of-way and
contain topography or other site constraints that would make the placement of the
pedestrian-oriented use on the ground floor difficult for the public to utilize, the
pedestrian-oriented requirement in subsections (a)(6)(i) and (ii) of this section may be
reduced to one (1) street frontage.
(b) Secondary Design Features. Four (4) secondary design features are required from the
following list:
(1) Multiple Roof Lines. Structures shall have at least three (3) horizontal roof lines, as
viewed from the front facade.
(2) Modulation. The horizontal plane of a structure shall not extend for more than thirty
(30) feet, as measured from any one (1) point of the structure, without a significant
architectural variation of at least two (2) feet in depth.
(3) Facade Materials. At least three (3) different facade materials shall be incorporated into
the exterior appearance of the structure (wood, brick, stucco, tile, shingles, other).
(4) Additional Transparency. An additional fifteen (15) percent transparency to what is
required per subsection (a)(3) of this section.
(5) Weather Protection. Recessed or protruding building features, of no less than four (4)
feet in depth, which extend along at least fifty (50) percent of the front facade.
(6) Main Entry. Pedestrian entrances are preferred from buildings facing the street. Entries
shall be easily identifiable from the street or sidewalk; this can be accomplished through
architectural or ornamental features.
(7) Public Amenity. Outdoor eating area, artwork, street furniture, plantings in window boxes,
public trash receptacles, or other alternative public amenity approved by the Director. Any
proposed amenity shall be architecturally compatible with the principal structure. Any approved
amenity shall be maintained for the life of the project. (Ord. 5351 §4, 2018: Ord. 5319 §12,
2017: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5222 §15, 2013; Ord. 5046 §16, 2008; Ord. 4950
§8 (Exh. A) (part), 2005)
BMC 20.79 HIGH DENSITY RESIDENTIAL (R-40)
20.79.070 DESIGN STANDARDS.
The following design standards shall be applied to all new structures and redeveloped structures.
Residential development of three (3) units or fewer are exempt from this section; however,
stacked flats are permissible only when meeting the criteria provided in subsections (a) and (b)
of this section. When development involves the remodel or expansion of existing structures, the
Director may modify these requirements to reasonably fit the scope and scale of the remodel or
expansion.
(a) Primary Design Features. The following criteria shall be applied to all primary building
facades and facades facing public streets:
(1) Top and Base. Buildings shall convey a visually distinct base and top. A "base" can
be emphasized by a different material masonry pattern, more architectural detail, visible
plinth above which the wall rises, storefront, canopies, or a combination. The top edge is
highlighted by a prominent cornice, projecting parapet or other architectural element that
creates a shadow line.
(2) Minimum Transparency. At least forty (40) percent of all facades facing the public
sidewalk, or sidewalks providing circulation within a site, measured to between two (2) and
eight (8) feet in height above the sidewalk or surface grade, shall be comprised of
transparent windows or doors. The Director may modify transparency standards for facades
facing a private street, or accessory structures, when an additional secondary design feature
per BMC 20.79.070(b) is incorporated into the design.
(3) Blank Facades. Building facades shall not present a blank facade to view from public
rights-of-way or residential properties. Such facades may be broken by windows, trellises,
columns, variations in plane, or other devices that add variation and interest to the facade.
(4) Mechanical Equipment Screening. Rooftop and ground-level mechanical equipment
shall be screened from view from public streets. Screening materials shall be
architecturally compatible similar to the primary structure.
(b) Secondary Design Features. Three (3) secondary design features are required from the
following list:
(1) Multiple Roof Lines. Structures shall have at least three (3) horizontal roof lines, as
viewed from the front facade.
(2) Modulation. The horizontal plane of a structure shall not extend for more than thirty
(30) feet, as measured from any one (1) point of the structure, without a significant
architectural variation of at least two (2) feet in depth.
(3) Facade Materials. At least three (3) different facade materials shall be incorporated
into the exterior appearance of the structure (wood, brick, stucco, tile, shingles, other).
(4) Additional Transparency. An additional fifteen (15) percent transparency to what is
required per subsection (a)(2) of this section.
(5) Weather Protection. Recessed or protruding building features, of no less than four (4)
feet in depth, which extend along at least fifty (50) percent of the front facade.
(6) Main Entry. Pedestrian entrances are preferred from buildings facing the street.
Entries shall be easily identifiable from the street or sidewalk; this can be accomplished
through architectural or ornamental features.
(7) Public Amenity. Outdoor eating area, artwork, street furniture, plantings in window
boxes, public trash receptacles, or other alternative public amenity approved by the
Director. Any proposed amenity shall be architecturally compatible with the principal
structure. Any approved amenity shall be maintained for the life of the project. (Ord. 5319
§13, 2017)
BMC 20.82 NEIGHBORHOOD BUSINESS (NB)
20.82.070 DESIGN STANDARDS.
The following design standards shall be applied to all new structures and redeveloped structures.
Residential development of three (3) units or fewer are exempt from this section. When
development involves the remodel or expansion of existing structures, the Director may modify
these requirements to reasonably fit the scope and scale of the remodel or expansion.
(a) Primary Design Features. The following criteria shall be applied to all primary building
facades and facades facing public streets:
(1) Top and Base. Buildings shall convey a visually distinct base and top. A "base" can
be emphasized by a different material masonry pattern, more architectural detail, visible
plinth above which the wall rises, storefront, canopies, or a combination. The top edge is
highlighted by a prominent cornice, projecting parapet or other architectural element that
creates a shadow line.
(2) Orientation. All properties adjacent to a public right-of-way shall orient structures
toward the primary street. Properties located at intersections should orient their structures
toward the intersecting corner.
(3) Minimum Transparency. At least fifty (50) percent of all facades facing the public
sidewalk, or sidewalks providing circulation within a site, measured to between two (2) and
eight (8) feet in height above the sidewalk or surface grade, shall be comprised of
transparent windows or doors. The Director may modify transparency standards for facades
facing a private street, accessory structures, and structures granted an increased setback per
BMC 20.82.060(a), when an additional secondary design feature per BMC 20.82.070(b) is
incorporated into the design.
(4) Blank Facades. Building facades shall not present a blank facade to view from public
rights-of-way, common parking areas, or residential properties. Such facades may be
broken by windows, trellises, columns, variations in plane, or other devices that add
variation and interest to the facade.
(5) Mechanical Equipment Screening. Rooftop and ground-level mechanical equipment
shall be screened from view from public streets. Screening materials shall be
architecturally compatible similar to the primary structure.
(b) Secondary Design Features. Three (3) secondary design features are required from the
following list:
(1) Multiple Roof Lines. Structures shall have at least three (3) horizontal roof lines, as
viewed from the front facade.
(2) Modulation. The horizontal plane of a structure shall not extend for more than thirty
(30) feet, as measured from any one (1) point of the structure, without a significant
architectural variation of at least two (2) feet in depth.
(3) Facade Materials. At least three (3) different facade materials shall be incorporated
into the exterior appearance of the structure (wood, brick, stucco, tile, shingles, other).
(4) Additional Transparency. An additional fifteen (15) percent transparency to what is
required per subsection (a)(3) of this section.
(5) Weather Protection. Recessed or protruding building features, of no less than four (4)
feet in depth, which extend along at least fifty (50) percent of pedestrian areas.
(6) Main Entry. Pedestrian entrances are preferred from buildings facing the street.
Entries shall be easily identifiable from the street or sidewalk; this can be accomplished
through architectural or ornamental features.
(7) Public Amenity. Outdoor eating area, artwork, street furniture, plantings in window
boxes, public trash receptacles, or other alternative public amenity approved by the
Director. Any proposed amenity shall be architecturally compatible with the principal
structure. Any approved amenity shall be maintained for the life of the project. (Ord. 5319
§15, 2017: Ord. 5301 §3 (Exh. B) (part), 2016)
BMC 20.98 INSTITUTIONAL (INST)
20.98.070 DESIGN STANDARDS.
The following design standards shall be applied to all new structures and redeveloped structures.
Residential development of three (3) units or fewer are exempt from this section. When
development involves the remodel or expansion of existing structures, the Director may modify
these requirements to reasonably fit the scope and scale of the remodel or expansion.
(a) Primary Design Features. The following criteria shall be applied to all primary building
facades and facades facing public streets:
(1) Top and Base. Buildings shall convey a visually distinct base and top. A "base" can
be emphasized by a different material masonry pattern, more architectural detail, visible
plinth above which the wall rises, storefront, canopies, or a combination. The top edge is
highlighted by a prominent cornice, projecting parapet or other architectural element that
creates a shadow line.
(2) Orientation. All properties adjacent to a public right-of-way shall orient structures
toward the primary street, or internal campus. Properties located at intersections should
orient their structures toward the intersecting corner.
(3) Minimum Transparency. At least fifty (50) percent of all facades facing the public
sidewalk, or sidewalks providing circulation within a site, measured to between two (2) and
eight (8) feet in height above the sidewalk or surface grade, shall be comprised of
transparent windows or doors. The Director may modify transparency standards for facades
facing a private street, or accessory structures, when an additional secondary design feature
per BMC 20.98.070(b) is incorporated into the design.
(4) Blank Facades. Building facades shall not present a blank facade to view from public
rights-of-way, common parking areas, or residential properties. Such facades may be
broken by windows, trellises, columns, variations in plane, or other devices that add
variation and interest to the facade.
(5) Mechanical Equipment Screening. Rooftop and ground-level mechanical equipment
shall be screened from view from public streets. Screening materials shall be
architecturally compatible similar to the primary structure.
(b) Secondary Design Features. Three (3) secondary design features are required from the
following list:
(1) Multiple Roof Lines. Structures shall have at least three (3) horizontal roof lines, as
viewed from the front facade.
(2) Modulation. The horizontal plane of a structure shall not extend for more than thirty
(30) feet, as measured from any one (1) point of the structure, without a significant
architectural variation of at least two (2) feet in depth.
(3) Facade Materials. At least three (3) different facade materials shall be incorporated
into the exterior appearance of the structure (wood, brick, stucco, tile, shingles, other).
(4) Additional Transparency. An additional fifteen (15) percent transparency to what is
required per subsection (a)(3) of this section.
(5) Weather Protection. Recessed or protruding building features, of no less than four (4)
feet in depth, which extend along at least fifty (50) percent of the front facade.
(6) Main Entry. Pedestrian entrances are preferred from buildings facing the street.
Entries shall be easily identifiable from the street or sidewalk; this can be accomplished
through architectural or ornamental features.
(7) Public Amenity. Outdoor eating area, artwork, street furniture, plantings in window
boxes, public trash receptacles, or other alternative public amenity approved by the
Director. Any proposed amenity shall be architecturally compatible with the principal
structure. Any approved amenity shall be maintained for the life of the project. (Ord. 5319
§18, 2017)
To: City Council
From: Garrett Jackson
Date: October 8, 2025
Subject: Amendments to the Zoning Code 20.42 Definitions, 20.46 Special Development
Standards, 20.62 General Commercial, 20.70 District Center Core, 20.79 High Density
Residential, 20.82 Neighborhood Business, 20.98 Institutional.
SUMMARY
City Council will be holding a public hearing on an Ordinance that amends the Bremerton
Municipal Code (BMC) Title 20 related to the following:
• Neighborhood-Scale Commercial. This proposal would allow for limited commercial uses
within residential zones.
• Transitional Housing, Permanent Supportive Housing, Indoor Emergency Shelters, and
Indoor Emergency Housing. These facility types are proposed to be adopted as required
per RCW 35.21.683.
• Design Standards. Updates to design standards are proposed in order to be consistent
Comprehensive Plan updates for the General Commercial zone, criteria established in
the Downtown Subarea Plan, provide for increased flexibility, and provide clarity.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission approved the proposed amendments at a Public Hearing held on
September 15, 2025; draft minutes from the Public Hearing are attached to this Memorandum.
DEPARTMENT OF
COMMUNITY DEVELOPMENT
MEMORANDUM
Memo Zoning Code Amendments
Page 2
NEIGHBORHOOD-SCALE COMMERCIAL (BMC 20.46.240)
The community has expressed interest in
allowing neighborhood-scale commercial
businesses in residential zones to promote a
more walkable environment. While it is
located in a commercial zone, CJ's
Evergreen General Store & Catering,
located at 1417 Park Ave, is an example of
a neighborhood serving commercial
business. Other cities in the State have
adopted similar standards, such as Bothell,
Shoreline, and Anacortes. While the
proposal was not approved by the
legislature, House Bill (HB) 1175 would have
mandated that all Washington cities allow neighborhood commercial in residential zones. An
approved Conditional Use Permit (CUP) would be required for siting the proposed
Neighborhood-scale Commercial use in order to determine whether any mitigation or special
conditions are appropriate for a specific site or use. The proposed regulations would allow for
commercial uses including:
• Restaurant
• Drinking place (only if also offering food)
• Market/grocery store (limited to sale of food, beverages, household items)
• Personal services (per the zoning code definition in BMC 20.42, which includes laundry
and dry-cleaning, beauty and barber shops, tanning, other personal grooming facilities,
and computer/phone repairs)
These Neighborhood Scale Commercial uses would be permitted on corner lots only. A limit of
1,200 square feet applies for a new construction, and 2,500 square feet for an existing building.
In all instances, businesses must be within a completely enclosed space, conform to the City
noise ordinance BMC 6.32, and hours of operation would be limited to 10PM.
Standard notification for a Type II CUP would apply, with notice mailed to all property owners
within 300 feet of the subject property, in addition to land use notice posted at the site. The 14-
day comment period allows neighboring property owners to provide feedback to the City
regarding the proposal, to potentially allow the City to determine needed mitigation, such as
landscaping or limiting hours of operation.
The Planning Commission showed support for all proposed zoning code amendments, however,
one Commissioner voted against recommendation to the City Council due to disagreement with
the final version of Neighborhood-scale Commercial criteria. While the dissenting Commissioner
supported the overall Neighborhood-scale Commercial code addition, they preferred ceasing
business operations at 9PM, and requiring business be spaced ¼ mile apart. The Commission
recommendation is for a 10PM closing time, and businesses being limited to street corners.
Memo Zoning Code Amendments
Page 3
TRANSITIONAL HOUSING, PERMANENT SUPPORTIVE HOUSING, INDOOR EMERGENCY
SHELTERS, AND INDOOR EMERGENCY HOUSING (BMC 20.46.250)
Consistent with RCW 35.21.683, as of September 2021 cities in Washington State cannot
prohibit certain emergency housing facilities in zones where hotels are permitted, specifically
Transitional Housing, Permanent Supportive Housing, Indoor Emergency Shelters, and Indoor
Emergency Housing. While the City may regulate these facilities, approval criteria may not
prevent the siting of these institutional uses.
To afford the public an opportunity to provide feedback on individual proposals, and to assess
any potential mitigation needed on a case-by-case basis, the proposed code requires a Type II
Conditional Use Permit for these facility types. Definitions consistent with State statute for
Transitional Housing (RCW 84.36.043), Permanent Supportive Housing (RCW 36.70A.030),
Indoor Emergency Shelters (RCW 36.70A.030), and Indoor Emergency Housing (RCW
36.70A.030) are proposed to be added to BMC 20.42 Definitions. Each facility would be
required to submit an operations plan which requires contact information for key staff, site
security policies, code of conduct for residents, and establishing coordination with the
Bremerton Police Department.
DESIGN STANDARDS
(20.42 DEFINITIONS, 20.62 GENERAL COMMERCIAL, 20.70 DISTRICT CENTER CORE, 20.79 HIGH DENSITY
RESIDENTIAL, 20.82 NEIGHBORHOOD BUSINESS, 20.98 INSTITUTIONAL)
Design standards are required for commercial, mixed-use, and
multifamily structures in the City. Design standards regulate the
aesthetic qualities of a building such as transparency, structure
modulation, and other features. Updates to design standards are
summarized as follows:
• General Commercial, Mixed-use. With the Comprehensive Plan
update, the General Commercial zone was updated to be a mixed-use
zone, accordingly, proposed language has been added to require
residential development to include ground floor Pedestrian Oriented Uses.
• Downtown Subarea Plan Consistency. Currently the Downtown
Subarea Plan measures required transparency of a structure between two
and eight-feet at the ground floor. Sections of the Title 20 zoning code
measure transparency from the base of the building to eight-feet at the
ground floor. The proposed revision would provide consistency across
regulatory documents. Definitions for Pedestrian Oriented, Mixed-use
Building, and Easily Adaptable to a Commercial Use are also proposed to
be consistent with the Downtown Subarea Plan.
• Added Flexibility. Transparency (i.e. glass window/doors) is
intended to provide the public with an opportunity to interact with the
ground floor of structures along public sidewalks. The proposal
includes added design standards flexibility from transparency
requirements in scenarios where required transparency would not be
effective. Examples include: added accessory structures, structures are
granted an increased setback, and/or buildings facing a private street.
DRAFT
CITY OF BREMERTON
PLANNING COMMISSION
MINUTES OF REGULAR MEETING
September 15, 2025
CALL TO ORDER:
Chair Wofford called the regular meeting of the Bremerton Planning Commission to order at 5:30 p.m.
ROLL CALL
Commissioners Present
Staff Present
Chair Wofford
Vice Chair Tift
Commissioner Browning
Commissioner Doehring
Commissioner Miller
Commissioner Paauw
Commissioner Pedersen
Commissioners Excused
Quorum Confirmed
Garrett Jackson, Planning Manager, Department of Community Development
Sharon Schwartz, Project Assistant, Department of Community Development
CHAIR CALL FOR MODIFICATIONS TO AGENDA
The agenda was accepted as presented.
APPROVAL OF MINUTES
VICE CHAIR TIFT MOVED TO APPROVE THE PLANNING COMMISSION MEETING MINUTES OF
JULY 21, 2025, AS PRESENTED; COMMISSIONER MILLER SECONDED THE MOTION, WHICH
CARRIED WITH FOUR (4) AYES (MILLER, PAAUW, TIFT AND WOFFORD) AND THREE (3)
ABSTENTIONS (BROWNING, DOEHRING AND PEDERSEN).
PUBLIC MEETING
Call to the Public (public comments on any item not on the agenda)
No public comments were received.
PUBLIC HEARING:
Hearing: Zoning Code Amendments (Neighborhood-scale Commercial, State Required Shelter Options, and
Design Standards) – A Power Point presentation was provided by Community Development Planning Manager,
Garrett Jackson.
DRAFT
Bremerton Planning Commission Minutes
September 15, 2025 ~ Page 2 of 3
During Mr. Jackson’s presentation he provided information related to the Bremerton Municipal Code (BMC) Title
20 Zoning Code amendments for the commissioner’s consideration, including Neighborhood-scale Commercial,
Transitional Housing, Permanent Supportive Housing, Indoor Emergency Shelters, Indoor Emergency Housing and
Design Standards.
Chair Wofford opened the Public Hearing to receive testimony from the public. No comments received.
Questions and comments were offered by Planning Commissioner Miller, Pedersen, Tift, Paauw, Wofford,
Browning and Doehring, with responses provided by Garrett Jackson.
VIE CHAIR TIFT MOVED AND COMMISSIONER BROWNING SECONDED TO RECOMMEND THE
CITY COUNCIL ADOPT THE ZONING CODE TEXT AMENDMENTS TO TITLE 20 OF THE BMC AS
MODIFIED BY THE COMMISSION, AND BASED UPON THE STAFF REPORT AND FINDINGS AND
CONCLUSIONS PRESENTED IN ATTACHMENT B. MOTIONED CARRIED WITH SIX (6) AYES
(BROWNING, DOEHRING, MILLER, PAAUW, TIFT AND WOFFORD) AND ONE (1) NAY
(PEDERSEN).
The dissenting Planning Commissioner voiced overall support for proposed amendments, except that neighborhood-
scale commercial should 1) cease operation at 9PM, and 2) that neighborhood-scale commercial should be spaced a
distance of at least ¼-mile apart. The code amendments recommended by the Commission include neighborhood-
scale commercial 1) ceasing operations at 10PM, and 2) neighborhood-scale commercial be limited to locations on
street corners.
PUBLIC WORKSHOP:
Workshop: Draft Zoning Code Amendments related to Critical Areas Ordinance (CAO), Shoreline
Management Program (SMP), and Landscaping Standards – A Power Point presentation was provided by
Community Development Planning Manager, Garrett Jackson.
During Mr. Jackson’s presentation he provided information for Zoning Code amendments related to subjects
addressed with the updated Environmental Element of the 2024 Comprehensive Plan and associated with the Final
Environmental Impact Statement (FEIS) for the commissioner’s consideration, including Critical Areas Ordinance,
Shoreline Master Program and Landscaping Standards.
Chair Wofford opened the Public Workshop to receive testimony from the public. No comments received.
Questions and comments were offered by Planning Commissioner Tift, Miller, Wofford and Pedersen, with
responses provided by Garrett Jackson.
BUSINESS MEETING
Chair Report
Chair Wofford reminded everyone that we have election for Chair and Vice Chair of the Planning Commission for
2026 coming up in November.
Commissioners’ Reports
No report.
Director Report
Garrett Jackson on behalf of Andrea Spencer said that there was no report for tonight.
Old Business
None.
DRAFT
Bremerton Planning Commission Minutes
September 15, 2025 ~ Page 3 of 3
New Business
Garrett Jackson noted that there was no new business, but that there would be a workshop follow up at the next meeting
on the Critical Area Ordinance, Shoreline Management Program and Landscape Standards.
ADJOURNMENT
The meeting was adjourned at 7:33 p.m.
Respectively Submitted by:
______________________________ _____________________________
Andrea L Spencer, AICP Nick Wofford, Chair
Executive Secretary Planning Commission
Public Hearing:
Zoning Code Amendments
Presenter: Garrett Jackson
Public Hearing: October 15, 2025
1
Proposed Zoning Code Amendments
Neighborhood-scale Commercial
“STEP” Housing (RCW 35.21.683)
Design Standards
2
Neighborhood-scale Commercial
3
Neighborhood-scale Commercial
HB 1175 (failed) bill mandating small business uses in
residential zones
Similar code adopted in other jurisdictions (Bothell,
Shoreline, Anacortes)
Comments received locally during the Comprehensive
Plan update process
4
Neighborhood-
scale
Commercial
Summary of Changes
Uses: Restaurant, drinking place (with
food), market/grocery, personal services
Locations: only permitted on street corners.
Size: Max 1,200 sqft new construction, or
2,500 sqft existing buildings
Hours of operation: limited to 10PM.
Operate within an enclosed space and
conform to City Noise Ordinance BMC 6.32
Minority Report
Opposed: would have preferred 9PM
closing time and ¼ mile spacing
requirement
5
“STEP” Housing
(RCW 35.21.683)
Transitional Housing, Permanent Supportive Housing, Indoor Emergency Shelters, and Indoor Emergency Housing
6
Planning for Housing in Washington State
(HB 1110 & HB 1220)
Expansive bills for providing housing in
Washington State, much of which was
incorporated with the Comprehensive Plan
update, Bremerton will accomplish full
implementation with this ordinance
RCW 35.21.683: A city shall not prohibit STEP
Housing
Shelters, Transitional housing, Emergency
housing, and Permanent supportive housing
(STEP)
Since 2021, HB 1220 shelter implementation
has been accomplished via Director
Interpretation (shelters permitted anywhere
hotels are permitted). This Ord codifies STEP 7
MRSC Guidance Article
State Required
Facilities (RCW
35.21.683)
Summary of Changes
Definitions added for Transitional Housing, Permanent Supportive Housing, Indoor Emergency Shelters, and Indoor Emergency Housing to “BMC 20.42 Definitions”
Transitional Housing, and Permanent Supportive Housing required in all zones that allow residential development or hotels (RCW 35.21.683)
Indoor Emergency Shelters, and Indoor Emergency Housing required in all zones that allow hotels (RCW 35.21.683)
Conditional Use Permit (CUP) permitting process (operations plan, code of conduct, and coordination with the Bremerton Police Department)
8
Design Standards
9
Design Standards Proposed Revisions
Proposed updates needed for Citywide consistency with
Bremerton2044 Downtown Subarea Plan
Subarea Plan design standards were reviewed by a
development focus group, including the Kitsap Building
Association (KBA)
Council Adopted many of these code updates in June 2025
as part of the Downtown Subarea Plan
(note: the City Comprehensive Plan & Subarea Plans were certified by the
Puget Sound Regional Council in September)
10
Design
Standards,
Consistency
Downtown
Summary of Changes
Updated definitions in BMC 20.42 for
consistency with Downtown Subarea Plan
Added mixed-use requirement to General
Commercial Zone when residential
development is proposed
Measurement of transparency, and added
flexibility for transparency for accessory
structures, and structures not in close
proximity to public streets
11
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: October 8, 2025
Ordinance to amend the revenue threshold
for requiring a business license for out-of-city
businesses and create a no-fee license for
businesses under the minimum threshold
COUNCIL MEETING Date: October 15, 2025
Department: DCD
Presenter: Tara Burgess
Phone: (360) 473-5311
SUMMARY: In July 2025 the Washington State Legislature updated EHB 2005 (RCW 35.90). The
law requires that cities adopt these code changes by January 01, 2026, in order to maintain their
local licensing authority.
The main change to the model threshold is as follows:
- The minimum threshold for requiring a business license for out-of-city businesses will
increase from $2,000 to $4,000 and adjusting for inflation thereafter.
- Require a no-fee license for all businesses under the minimum threshold.
ATTACHMENTS: 1) AWC 2026 City Business License Model Threshold Update EHB 2005; and
2) Power Point Presentation
FISCAL IMPACTS (Include Budgeted Amount): A reduction in licensing fee revenue due to the
increase in the minimum threshold.
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to pass Ordinance No. _____ amending Bremerton Municipal Code 3.48.030(e) to amend the
revenue threshold for requiring a business license for out-of-city businesses and create a no-fee
license for businesses under the minimum threshold.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
B4
Page 1 of 7
BMC 3.48.030
Update to Business and Occupation Taxes Definitions “E”
ORDINANCE NO. ________
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Section 3.48.030(e) of the
Bremerton Municipal Code entitled “Definitions ‘E’” regarding
minimum revenue thresholds for requiring a business license for
out-of-city businesses and creating a no-fee license for businesses
under the minimum threshold.
WHEREAS, the model ordinance required by RCW 35.90.080 has been revised to
adjust the minimum threshold for a business license effective January 1, 2026; and
WHEREAS the City Council desires to have a fee-free business registration for
all exempt business; and
WHEREAS the City Council desires to amend Section 3.48.030(e) of the
Bremerton Municipal Code entitled “Definitions ‘E’” in order to comply with the model
ordinance and update provisions set forth in the definitions section of the code relating to the
threshold exemption for business license fee requirements, and to make other related changes;
NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 3.48.030(e) of the Bremerton Municipal Code entitled
“Definitions ‘E’” is hereby amended to read as follows:
(e) Definitions “E”:
"Eligible gross receipts tax" means a tax which:
(1) Is imposed on the act or privilege of engaging in business activities within
BMC 3.48.050; and
(2) Is measured by the gross volume of business, in terms of gross receipts and
is not an income tax or value added tax; and
(3) Is not, pursuant to law or custom, separately stated from the sales price; and
(4) Is not a sales or use tax, business license fee, franchise fee, royalty or
severance tax measured by volume or weight, or concession charge, or payment for the use and
enjoyment of property, property right or a privilege; and
Page 2 of 7
BMC 3.48.030
Update to Business and Occupation Taxes Definitions “E”
(5) Is a tax imposed by a local jurisdiction, whether within or without the State
of Washington, and not by a country, state, province, or any other nonlocal jurisdiction above the
county level.
"Engaging in business," "nexus."
(1) The term "engaging in business" means commencing, conducting, or
continuing in business and also the exercise of corporate or franchise powers, as well as
liquidating a business when the liquidators thereof hold themselves out to the public as
conducting such business.
(2) This definition sets forth examples of activities that constitute engaging in
business in the City and establishes safe harbors for certain of those activities so that a person
who meets the criteria may engage in de minimis business activities in the City without having to
register and obtain a business license or pay City business and occupation taxes. The activities
listed in this definition are illustrative only and are not intended to narrow the definition of
"engaging in business" in subsection (1) of this definition. If an activity is not listed, whether it
constitutes engaging in business in the City shall be determined by considering all the facts and
circumstances and applicable law.
(3) Without being all-inclusive, any one (1) of the following activities
conducted within the City by a person or its employee, agent, representative, independent
contractor, broker or another acting on its behalf constitutes engaging in business and requires a
person to register and obtain a business license pursuant to Chapter 5.02 BMC:
(a) Owning, renting, leasing, maintaining, or having the right to use, or
using, tangible personal property, intangible personal property, or real property permanently or
temporarily located in the City.
(b) Owning, renting, leasing, using, or maintaining an office, place of
business, or other establishment in the City.
(c) Soliciting sales.
(d) Making repairs or providing maintenance on service to real or
tangible personal property, including warranty work and property maintenance.
Page 3 of 7
BMC 3.48.030
Update to Business and Occupation Taxes Definitions “E”
(e) Providing technical assistance or service, including quality control,
product inspections, warranty work, or similar services on or in connection with tangible
personal property sold by the person or on its behalf.
(f) Installing, constructing, or supervising installation or construction of
real or tangible personal property.
(g) Soliciting, negotiating, or approving franchise, license, or other
similar agreements.
(h) Collecting current or delinquent accounts.
(i) Picking up and transporting tangible personal property, solid waste,
construction debris, or excavated materials.
(j) Providing disinfecting and pest control services, employment and
labor pool services, home nursing care, janitorial services, appraising, landscape architectural
services, security system services, surveying, and real estate services, including the listing of
homes and managing real property.
(k) Rendering professional services such as those provided by
accountants, architects, attorneys, auctioneers, consultants, engineers, professional athletes,
barbers, baseball clubs and other sports organizations, chemists, psychologists, court reporters,
dentists, doctors, detectives, laboratory operators, teachers, and veterinarians.
(l) Meeting with customers or potential customers, even when no sales
or orders are solicited at the meetings.
(m) Training or recruiting employees, agents, representatives,
independent contractors, brokers or others, domiciled or operating on a job in the City, acting on
its behalf, or for customers or potential customers.
(n) Investigating, resolving, or otherwise assisting in resolving customer
complaints.
(o) In-store stocking or manipulating products or goods, sold to and
owned by a customer, regardless of where sale and delivery of the goods took place.
Page 4 of 7
BMC 3.48.030
Update to Business and Occupation Taxes Definitions “E”
(p) Except as provided in subsection (5) of this definition, delivering
goods in vehicles owned, rented, leased, used, or maintained by the person or another acting on
its behalf.
(4) Not Engaging in Business. If a person, or its employee, agent,
representative, independent contractor, broker or another acting on the person’s behalf, engages
in no other activities in or with the City but the following, that person is not engaging in business
and therefore is not required to register and obtain a City business license pursuant to
Chapter 5.02 BMC or pay City business and occupation taxes pursuant to this chapter:
(a) Meeting with suppliers of goods and services as a customer.
(b) Meeting with government representatives in their official capacity,
other than those performing contracting or purchasing functions.
(c) Attending meetings, such as board meetings, retreats, seminars, and
conferences, or other meetings wherein the person does not provide training in connection with
tangible personal property sold by the person or on its behalf.
(d) Renting tangible or intangible property as a customer when the
property is not used in the City.
(e) Attending, but not participating in, a trade show or multiple vendor
events. Persons participating at a trade show shall review the City’s trade show or multiple
vendor event ordinances.
(f) Conducting advertising through the mail.
(g) Soliciting sales by phone from a location outside the City.
(h) Providing language interpretive services to the Bremerton Municipal
Court.
(5) A business located outside the City merely delivering goods into the City by
common carrier or other means, including use of its own vehicles, is not required to register and
obtain a business license; provided, that it engages in no other business activities in the City.
Such business activities do not include those in subsection (4) of this definition.
Page 5 of 7
BMC 3.48.030
Update to Business and Occupation Taxes Definitions “E”
(6) Threshold Exemption - Fee-Free License/Registration. To the extent set
forth in this definition, the following persons and businesses shall be exempt from the
registration, license and/or license fee requirements of Chapter 5.02 BMC as follows:
(a) Except as set forth in subsection (6)(b) of this definition, aAny
person or business whose annual value of products, gross proceeds of sales, or gross income of
the business in the City is equal to or less than fourtwo thousand dollars ($42,000) and who does
not maintain a place of business within the City shall submit a business license registration to the
Tax and Licensing Division. No license fee shall be assessed for the business license
registration.be exempt from the general business license requirements of Chapter 5.02 BMC and
this chapter.
(b) Any person or business operating as a utility provider subject to
utility taxes pursuant to Chapter 3.50 BMC whose annual value of products, gross proceeds of
sales, or gross income of the business in the City is equal to or less than two thousand dollars
($2,000) and who does not maintain a place of business within the City shall submit a business
license registration to the Tax and Licensing Division. No license fee shall be assessed for the
business license registration.
(b) The threshold exemption amounts identified in this section shall
automatically be adjusted as follows: Beginning January 1, 2026, the threshold amount is $4000.
The threshold amount will be adjusted every forty-eight months on January 1, by an amount
equal to the increase in the Consumer Price Index (“CPI”) for “West Urban, All Urban
Consumers” (CPI-U) for each 12-month period ending on June 30 as published by the United
States Department of Labor Bureau of Labor Statistics or successor agency. To calculate this
adjustment, the current rate will be multiplied by one plus the cumulative four-year (forty-eight
month) CPI increase using each 12-month period ending on June 30 of each prior year, and
rounded to the nearest $100. However, if any of the annual CPI increases are more than five (5)
percent, a five (5) percent increase will be used in computing the annual basis and if any of the
annual CPI decreased during the forty-eight-month period, a zero (0) percent increase will be
used in computing the annual basis.
(7) Nexus. A person has created nexus with the City if, whether by itself or by
its employees, agents, representatives, independent contractors, brokers or others acting on its
behalf, it:
Page 6 of 7
BMC 3.48.030
Update to Business and Occupation Taxes Definitions “E”
(a) Is physically present in the City;
(b) Endeavors to maintain a share of the market within the City; or
(c) Avails itself of the economic benefits of the City.
The City expressly intends that engaging in business includes any activity
sufficient to establish nexus for purposes of applying the tax under the law and the Constitutions
of the United States and the State of Washington. Nexus is presumed to continue as long as the
taxpayer benefits from the activity that constituted the original nexus-generating contact or
subsequent contacts.
"Extracting" is the activity engaged in by an extractor and is reportable under the
extracting classification.
"Extractor" means every person who from the person’s own land or from the
land of another under a right or license granted by lease or contract, either directly or by
contracting with others for the necessary labor or mechanical services, for sale or for commercial
or industrial use, mines, quarries, takes or produces coal, oil, natural gas, ore, stone, sand, gravel,
clay, mineral or other natural resource product; or fells, cuts or takes timber, Christmas trees,
other than plantation Christmas trees, or other natural products; or takes fish, or takes, cultivates,
or raises shellfish, or other sea or inland water foods or products. "Extractor" does not include
persons performing under contract the necessary labor or mechanical services for others; persons
cultivating or raising fish entirely within confined rearing areas on the person’s own land or on
land in which the person has a present right of possession; or persons who fell, cut, or take
plantation Christmas trees from the person’s own land or from land in which the person has a
present right of possession; or persons meeting the definition of "farmer."
"Extractor for hire" means a person who performs under contract necessary
labor or mechanical services for an extractor.
SECTION 2. Severability. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Ordinance and the same shall remain in full
force and effect.
SECTION 3. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
Page 7 of 7
BMC 3.48.030
Update to Business and Occupation Taxes Definitions “E”
PASSED by the City Council the___________ day of ____________________, 20___.
_________________________________
ERIC YOUNGER, Council President
Approved this ________ day of ________________________, 20___.
_________________________________
GREG WHEELER, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ _________________________________
ANGELA HOOVER, City Clerk KYLIE J. FINNELL, City Attorney
PUBLISHED the ________ day of ______________________, 20__.
EFFECTIVE the ________ day of ______________________, 20__.
ORDINANCE NO. ________.
2026 City Business License Model Threshold update
Effective January 1, 2026
What are the main changes to the model
threshold?
The main change in the update would make a one-
time increase to a higher threshold to $4000 for out-
of-city businesses from the current $2,000 threshold,
effective January 1, 2026.
Other changes include:
• Every four years thereafter, the threshold would
have an automatic periodic increase based on
cumulative inflation.
• The rates of inflation would be calculated using
the Consumer Price Index-U (CPI-U) Western for
June of each year compared to the previous year
for the previous four years.
• The rate of inflation would be calculated as zero
in any year in which inflation was negative and
capped at 5% per year or 20% over four years if
inflation exceeded those amounts.
• To make the threshold easier to administer, the
cumulative inflation amount would be rounded to
the nearest $100.
Could my city still require a no fee registration
for out-of-city businesses below the threshold?
Cities retain the local option of requiring a no-fee
registration for out-of-city businesses below the
threshold.
Was the definition of “engaging in business”
changed?
No, the definition of engaging in business has not
changed since the 2018 model was adopted.
What are the deadlines for all cities with
business licenses to adopt the 2026 model
threshold?
Cities with a business license must adopt the model
by January 1, 2026.
However, cities that currently partner with the state’s
Business Licensing Service (BLS) for business
licensing administration must adopt it by mid-October
2025, because they must provide BLS 75-day
notice of any changes to their business licenses,
including this mandatory change.
What if my city has a higher threshold?
Cities can choose to enact a higher threshold. The
$4,000 city threshold for out-of-city businesses is the
minimum level that every city must enact.
What if my city wants to have a threshold that
applies to in-city businesses in addition to the
out-of-city business threshold?
The $4,000 threshold level for out-of-city businesses
is a mandatory minimum threshold that every city
business license city must adopt, but the law does
not impact the city’s authority to have exemptions or
other thresholds.
Cities can continue to require a license for
businesses located in the city without regard to the
threshold (unless the city chose to exempt these
businesses).
Cities can also choose to enact a separate threshold
exemption that applies to in-city businesses.
Who should my city notify when the model is
adopted?
BLS partner cities: Send a completed Change
Request Form to BLS notifying them of the update
All other cities: Email Sheila Gall, AWC
(sheilag@awcnet.org) so we can track updates.
How will businesses find out about the changes?
Consider providing information on changes to your
business license by adding information to your
license renewal letter, sending a letter to your
potentially impacted businesses, updating
information on your city’s website or presenting to
your local chamber.
Background on the 2018 model threshold
In the 2017 session, EHB 2005 (RCW 35.90) passed
requiring three actions by cities with business
licenses and local B&O taxes. The law required cities
to make changes to business licensing, including
requiring cities with business licenses to establish a
workgroup to create a model business license
threshold by July 2018 for adoption by all business
license cities by January 1, 2019.
2018 model ordinance for local business licenses
– minimum threshold
The 2018 model included a mandatory definition of
“engaging in business” and a $2000 minimum
threshold (or occasional sale) exemption to establish
when out-of-town or transient businesses are
required to be licensed. All business license cities
adopted the model by January 1, 2019 (RCW
35.90.080).
Contact
Sheila Gall
General Counsel
sheilag@awcnet.org
wacities.org
2026 Update Business License Threshold
EHB 2005
•In 2018, cities were required to develop a minimum
threshold for business licensing which cities adopted by
January 1, 2019.
•The model threshold was reviewed and updated by a
work group of cities in 2024. Cities must adopt the
updated threshold by January 1, 2026.
•The main change in the update would make a one-time
increase from the current $2,000 threshold to a higher
threshold of $4000 for out-of-city businesses effective
January 1, 2026.
Purpose
•To inform and seek support for adopting the updated Business License Model
Threshold Ordinance, effective January 1, 2026, increasing the minimum threshold
for out-of-city businesses.
•Ensure compliance with SB 5814 and the Revised Model Business License
Threshold Standards
•Maintain alignment with Washington State DOR and AWC guidance
Key Threshold Changes
Effective January 1, 2026
•Threshold increases from $2,000 to $4,000 for out-of-city businesses
Beginning in 2030
•Automatic CPI-U Adjustments every 4 years (Western Region)
•Max: 5% per year, 20% over 4 years
•No increase during years of negative inflation
•Rounded to the nearest $100
Licensing Options
•Cities must select one of the following for out-of-city businesses under the
threshold:
•Option 1 (Current): Fully exempt
•No license required
•Option 2 (Recommended): Registration Only
•No Fee license required for OUT of City Businesses under the new threshold.
Why Option 2 is Recommended
•Keeps visibility into all businesses operating in the city
•Prevents automatic license closure by BLS
•Supports:
-Business continuity
-Better economic tracking
-Future growth planning
Proposed Action
We propose the City of Bremerton
•Update local code to adopt the $4,000 threshold
•Adopt Option 2 –Registration Only: No-fee license for
Out of City Businesses under threshold
•Submit updates to BLS by October 1, 2025
Timeline
•Sept 2025: Finance Committee &Legal review with
code updates
•October 1, 2025: Deadline to notify BLS
(75-day lead time required by WA DOR)
•January 1, 2026: New threshold goes into effect
Questions /
Discussion
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: October 8, 2025
Ordinance related updates to the definitions
of sales for purposes of sales tax collection
COUNCIL MEETING Date: October 15, 2025
Department: DCD
Presenter: Tara Burgess
Phone: (360) 473-5311
SUMMARY: In July 2025 the Washington State Legislature passed Engrossed Substitute Senate
Bill (ESSB) 5814, which added new business activities to the definition of retail sales.
The City is required to adopt the new definitions of retail sales and sales at retail by January 01,
2026. The main change to the model threshold is as follows:
- Businesses will be required to begin collecting sales tax on the following services starting Oct.
1, 2025: Advertising services, Live Presentations, IT services, Custom Website Development,
Investigation, security & armored car services, temporary staffing service, sales of custom
software and customization of prewritten software
- ESSB 5814 also removes the following exclusions from the definition of digital automated
services (DAS): Services involving primarily human effort, Live presentations, Advertising
services and Data processing services.
ATTACHMENTS: 1) State Senate ESSB 5814; 2) Proposed Ordinance; and 3) Power Point
Presentation
FISCAL IMPACTS (Include Budgeted Amount): There would be an anticipated increase in
collected sales tax.
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to pass Ordinance No. _____ amending Bremerton Municipal Code 3.48.030(s) to update the
definitions of sales for purposes of sales tax collection.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
B5
Page 1 of 9
BMC 3.48.030
Update to Business and Occupation Taxes Definitions “S”
ORDINANCE NO. ________
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Section 3.48.030(s) of the
Bremerton Municipal Code entitled “Definitions ‘S’” regarding
updates to the definitions of “sale at retail” and “retail sale.”
WHEREAS the Washington State Legislature passed Engrossed Substitute Senate
Bill (ESSB) 5814 requiring the collection of sales tax on, among other things, advertising
services, live presentations, IT services, custom website development, investigation, security and
armored car services, temporary staffing services, sales of custom software and customization of
prewritten software and excluding certain activities from the definition of digital automated
services; and
WHEREAS the City must use the definitions set out in RCW 82.04 as amended
by ESSB 5814 as a baseline for purposes of its own tax and licensing provisions; and
WHEREAS the City Council desires to amend Section 3.48.030(s) of the
Bremerton Municipal Code entitled “Definitions ‘S’” in order to comply with ESSB 5814 and
RCW 82.04; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 3.48.030(s) of the Bremerton Municipal Code entitled
"Definitions ‘S’" is hereby amended to read as follows:
(s) Definitions "S":
"Sale," "casual or isolated sale."
(1) "Sale" means any transfer of the ownership of, title to, or possession of,
property for a valuable consideration and includes any activity classified as a "sale at retail,"
"retail sale," or "retail service." It includes renting or leasing, conditional sale contracts, leases
with option to purchase, and any contract under which possession of the property is given to the
purchaser but title is retained by the vendor as security for the payment of the purchase price. It
also includes the furnishing of food, drink, or meals for compensation whether consumed upon
the premises or not.
(2) "Casual or isolated sale" means a sale made by a person who is not
engaged in the business of selling the type of property involved on a routine or continuous basis.
"Sale at retail," "retail sale."
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(1) "Sale at retail" or "retail sale" means every sale of tangible personal property
(including articles produced, fabricated, or imprinted) to all persons irrespective of the nature of
their business and including, among others, without limiting the scope hereof, persons who
install, repair, clean, alter, improve, construct, or decorate real or personal property of or for
consumers, other than a sale to a person who presents a resale certificate under
RCW 82.04.470 and who:
(a) Purchases for the purpose of resale as tangible personal property in
the regular course of business without intervening use by such person; or
(b) Installs, repairs, cleans, alters, imprints, improves, constructs, or
decorates real or personal property of or for consumers, if such tangible personal property
becomes an ingredient or component of such real or personal property without intervening use by
such person; or
(c) Purchases for the purpose of consuming the property purchased in
producing for sale a new article of tangible personal property or substance, of which such
property becomes an ingredient or component or is a chemical used in processing, when the
primary purpose of such chemical is to create a chemical reaction directly through contact with
an ingredient of a new article being produced for sale; or
(d) Purchases for the purpose of consuming the property purchased in
producing ferrosilicon which is subsequently used in producing magnesium for sale, if the
primary purpose of such property is to create a chemical reaction directly through contact with
an ingredient of ferrosilicon; or
(e) Purchases for the purpose of providing the property to consumers as
part of competitive telephone service, as defined in RCW 82.04.065. The term shall include
every sale of tangible personal property which is used or consumed or to be used or consumed in
the performance of any activity classified as a "sale at retail" or "retail sale" even though such
property is resold or utilized as provided in subsection (1)(a), (b), (c), (d), or (e) of this definition
following such use; or
(f) Purchases for the purpose of satisfying the person’s obligations under
an extended warranty as defined in subsection (98) of this definition, if such tangible personal
property replaces or becomes an ingredient or component of property covered by the extended
warranty without intervening use by such person.
The term shall include every salve of tangible personal property which is used or consumed or to
be used or consumed in the performance of any activity classified as a “sale at retail” or “retail
sale” even though such property is resold or utilized as provided in this subsection following
such use.
The term also means every sale of tangible personal property to persons engaged in any business
that is taxable under RCW 82.04.280(1)(a), (b), or (g), 82.04.290, and 82.04.2908.
(2) "Sale at retail" or "retail sale" also means every sale of tangible personal
property to persons engaged in any business activity which is taxable under BMC 3.48.050(1)(g).
(3) (3) The term “sale at retail or “retail sale" includes the sale of or charge
made for personal, business, or professional services including amounts designated as interest,
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Update to Business and Occupation Taxes Definitions “S”
rents, fees, admission, and other service emoluments however designated, received by persons
engaging in the following business activities:
(a) Information technology training services, technical support, and other
services including, but not limited to, assisting with network operations and support, help desk
services, in-person training related to hardware or software, network system support services,
data entry services, and data processing services; or
(b) Custom website development services. For the purposes of this
subsection (3), "website development services" means the design, development, and support of a
website provided by a website developer to a customer; or
(c) Investigation, security services, security monitoring services, and
armored car services including, but not limited to, background checks, security guard and patrol
services, personal and event security, armored car transportation of cash and valuables, and
security system services and monitoring. This does not include locksmith services; or
(d) Temporary staffing services. For the purposes of this subsection (3),
"temporary staffing services" means providing workers to other businesses, except for hospitals
licensed under chapter 70.41 or 71.12 RCW, for limited periods of time to supplement their
workforce and fill employment vacancies on a contract or for fee basis; or
(e) Advertising services.
(i) For the purposes of this subsection (3), "advertising services"
means all digital and nondigital services related to the creation, preparation, production, or
dissemination of advertisements including, but not limited to:
(A) Layout, art direction, graphic design, mechanical
preparation, production supervision, placement, referrals, acquisition of advertising space, and
rendering advice concerning the best methods of advertising products or services; and
(B) Online referrals, search engine marketing, and lead
generation optimization, web campaign planning, the acquisition of advertising space in the
internet media, and the monitoring and evaluation of website traffic for purposes of determining
the effectiveness of an advertising campaign.
(ii) "Advertising services" do not include:
(A) Web hosting services and domain name registration;
(B) Services rendered in respect to the following:
(I) "Newspapers" as defined in RCW 82.04.214;
(II) Printing or publishing under RCW 82.04.280;
and
(III) "Radio and television broadcasting" within this
state as defined in RCW 82.04 (section 1, chapter 9, Laws of 2025); and
(C) Services rendered in respect to out-of-home
advertising, including: Billboard advertising; street furniture advertising; transit advertising;
place-based advertising, such as in-store display advertising or point-of-sale advertising;
dynamic or static signage at live events; naming rights; and fixed signage advertising. Out-of-
home advertising does not include direct mail; or
(f) Live presentations including, but not limited to, lectures, seminars,
workshops, or courses where participants attend either in person or via the internet or
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telecommunications equipment that allows audience members and the presenter or instructor to
give, receive, and discuss information with each other in real time.
For the purposes of (a) through (c) and (e) of this subsection (3), the terms "sale at retail" and
"retail sale" do not include a sale between members of an affiliated group as defined in RCW
82.04.299(1)(f).
(4) “Sale at retail” or "retail sale" shall include the sale of or charge made for
tangible personal property consumed and/or for labor and services rendered in respect to the
following:
(a) The installing, repairing, cleaning, altering, imprinting, or improving
of tangible personal property of or for consumers, including charges made for the mere use of
facilities in respect thereto, but excluding charges made for the use of coin-operated laundry
facilities when such facilities are situated in an apartment house, rooming house, or mobile home
park for the exclusive use of the tenants thereof, and also excluding sales of laundry service to
nonprofit health care facilities, and excluding services rendered in respect to live animals, birds
and insects;
(b) The constructing, repairing, decorating, or improving of new or
existing buildings or other structures under, upon, or above real property of or for consumers,
including the installing or attaching of any article of tangible personal property therein or thereto,
whether or not such personal property becomes a part of the realty by virtue of installation, and
shall also include the sale of services or charges made for the clearing of land and the moving of
earth excepting the mere leveling of land used in commercial farming or agriculture;
(c) The charge for labor and services rendered in respect to constructing,
repairing, or improving any structure upon, above, or under any real property owned by an owner
who conveys the property by title, possession, or any other means to the person performing such
construction, repair, or improvement for the purpose of performing such construction, repair, or
improvement and the property is then reconveyed by title, possession, or any other means to the
original owner;
(d) The sale of or charge made for labor and services rendered in respect
to the cleaning, fumigating, razing or moving of existing buildings or structures, but shall not
include the charge made for janitorial services, which is taxed as a service in this chapter;
(e) The sale of or charge made for labor and services rendered in respect
to automobile towing and similar automotive transportation services, but not in respect to those
required to report and pay taxes under Chapter 82.16 RCW;
(f) The sale of and charge made for the furnishing of lodging and all
other services, except telephone business and cable service, by a hotel, rooming house, tourist
court, motel, trailer camp, and the granting of any similar license to use real property, as
distinguished from the renting or leasing of real property, and it shall be presumed that the
occupancy of real property for a continuous period of one (1) month or more constitutes a rental
or lease of real property and not a mere license to use or enjoy the same. For the purposes of this
subsection, it shall be presumed that the sale of and charge made for the furnishing of lodging for
a continuous period of one (1) month or more to a person is a rental or lease of real property and
not a mere license to enjoy the same;
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(g) The installing, repairing, altering, or improving of digital goods for
consumers;
(h) The sale of or charge made for tangible personal property, labor and
services to persons taxable under subsections (3)(a), (b), (c), (d), (e), (f) and (g) of this definition
when such sales or charges are for property, labor and services which are used or consumed in
whole or in part by such persons in the performance of any activity defined as a "sale at retail" or
"retail sale" even though such property, labor and services may be resold after such use or
consumption. Nothing contained in this subsection shall be construed to modify subsection (1) of
this definition and nothing contained in subsection (1) of this definition shall be construed to
modify this subsection.
(54) "Sale at retail" or "retail sale" shall also include the providing of
competitive telephone service to consumers.
(65) "Sale at retail" or "retail sale" shall also include:
(a) The sale of prewritten software, custom software, and customization
of prewritten computer software to a consumer, other than a sale to a person who presents a
resale certificate under RCW 82.04.470, regardless of the method of delivery to the end user. For
purposes of this subsection, the sale of prewritten computer software includes the sale of or
charge made for a key or an enabling or activation code, where the key or code is required to
activate prewritten computer software and put the software into use. There is no separate sale of
the key or code from the prewritten computer software, regardless of how the sale may be
characterized by the vendor or by the purchaser. For purposes of this subsection, the term "sale at
retail" or "retail sale" does not include the sale of or charge made for:
(i) Custom software; or
(ii) The customization of prewritten software.
(b) The term “sale at retail” or “retail sale” also includes Tthe charge
made to consumers for the right to access and use prewritten computer software, custom
software, and customization of prewritten computer software where possession of the software is
maintained by the seller or a third party, regardless of whether the charge for the service is on a
per use, per user, per license, subscription, or some other basis. This also includes the right to
access and use prewritten software, custom software, and customization of prewritten computer
software to perform data processing.
For purposes of this subsection (65)(b), "data processing" means the systematic performance of
operations on data to extract the required information in an appropriate form or to convert the
data to usable information. Data processing includes check processing, image processing, form
processing, survey processing, payroll processing, claim processing, and similar activities.
(76) "Sale at retail" or "retail sale" shall also include the sale of or charge made
for labor and services rendered in respect to the building, repairing, or improving of any street,
place, road, highway, easement, right-of-way, mass public transportation terminal or parking
facility, bridge, tunnel, or trestle which is owned by a municipal corporation or political
subdivision of the state, the State of Washington, or by the United States and which is used or to
be used primarily for foot or vehicular traffic including mass transportation vehicles of any kind
(public road construction).
(87) "Sale at retail" or "retail sale" shall also include the sale of or charge made
for labor and services rendered in respect to the constructing, repairing, decorating, or improving
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of new or existing buildings or other structures under, upon, or above real property of or for the
United States, any instrumentality thereof, or a county or city housing authority created pursuant
to Chapter 35.82 RCW, including the installing or attaching of any article of tangible personal
property therein or thereto, whether or not such personal property becomes a part of the realty by
virtue of installation (government contracting).
(98) "Sale at retail" or "retail sale" shall also include the sale of or charge made
for an extended warranty to a consumer. For purposes of this subsection, "extended warranty"
means an agreement for a specified duration to perform the replacement or repair of tangible
personal property at no additional charge or a reduced charge for tangible personal property,
labor, or both, or to provide indemnification for the replacement or repair of tangible personal
property, based on the occurrence of specified events. The term "extended warranty" does not
include an agreement, otherwise meeting the definition of extended warranty in this subsection,
if no separate charge is made for the agreement and the value of the agreement is included in the
sales price of the tangible personal property covered by the agreement.
(109) "Sale at retail" or "retail sale" shall not include the sale of services or
charges made for the clearing of land and the moving of earth of or for the United States, any
instrumentality thereof, or a county or city housing authority. Nor shall the term include the sale
of services or charges made for cleaning up for the United States, or its instrumentalities,
radioactive waste and other by-products of weapons production and nuclear research and
development. (This is reported under the service or other classification.)
(110) "Sale at retail" or "retail sale" shall not include the sale of or charge made
for labor and services rendered for environmental remedial action. (This is reported under the
service and other classification.)
(121) "Sale at retail" or "retail sale" shall also include the following sales to
consumers of digital goods, digital codes, and digital automated services:
(a) (i) Sales in which the seller has granted the purchaser the right of
permanent use;
(b) (ii) Sales in which the seller has granted the purchaser a right of
use that is less than permanent;
(c) (iii) Sales in which the purchaser is not obligated to make
continued payment as a condition of the sale; and
(d) (iv) Sales in which the purchaser is obligated to make continued
payment as a condition of the sale.
(b) A retail sale of digital goods, digital codes, or digital automated
services under this subsection (s)(11), includes any services provided by the seller exclusively in
connection with the digital goods, digital codes, or digital automated services, whether or not a
separate charge is made for such services.
(c) A Retail sale of digital goods, digital codes, or digital automated
services does not include the following services if the sale occurs between members of an
affiliated group as defined in RCW 82.04.299(1)(f):
(i) Any service that primarily involves the application of human
effort by the seller, and the human effort originated after the customer requested the service;
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(ii) Live presentations such as lectures, seminars, workshops, or
courses, where participants are connected to other participants via the internet or
telecommunications equipment, which allows audience members and the presenter or instructor
to give, receive, and discuss information with each other in real time;
(iii) Advertising services. For purposes of this subsection,
“advertising services” means all services directly related to the creation, preparation, production,
or dissemination of advertisements. Advertising services include layout, art direction, graphic
design, mechanical preparation, production supervision, placement, and rendering advice to a
client concerning the best methods of advertising that client’s products or services. Advertising
services also include online referrals, search engine marketing and lead generation optimization,
web campaign planning, the acquisition of advertising space in the internet media, and the
monitoring and evaluation of website traffic for purposes of determining the effectiveness of an
advertising campaign. Advertising services to not include web hosting services and domain name
registration; and
(iv) Data processing services. For purposes of this subsection,
“data processing service” means a primarily automated service provided to a business or other
organization where the primary object of the service is the systematic performance of operations
by the service provider on data supplied in whole or in part by the customer to extract the
required information in an appropriate form or to convert the data to usable information. Data
processing services include check processing, image processing, form processing, survey
processing, payroll processing, claim processing, and similar activities. Data processing service
does not include the service described in subsection (6)(b) of this section.
(d) For purposes of this subsection (11), "permanent" means perpetual or
for an indefinite or unspecified length of time. A right of permanent use is presumed to have
been granted unless the agreement between the seller and the purchaser specifies or the
circumstances surrounding the transaction suggest or indicate that the right to use terminates on
the occurrence of a condition subsequent.
(132) "Sale at retail" or "retail sale" shall also include the installing, repairing,
altering, or improving of digital goods for consumers.
"Sale at wholesale" or "wholesale sale" means any sale of tangible personal property,
digital goods, digital codes, digital automated services, prewritten computer software, or the
services described in subsection (s)(5)(b) of this section which is not a retail sale, and any charge
made for labor and services rendered for persons who are not consumers, in respect to real or
personal property, if such charge is expressly defined as a retail sale when rendered to or for
consumers. "Sale at wholesale" also includes the sale of telephone business to another
communications company as defined in RCW 80.04.010 for the purpose of resale, as
contemplated by RCW 35.21.715.
"Services" means any business activity other than or in addition to those defined in this
section.
"Software," "canned software," "custom software," "customization of canned
software," "master copies," "retained rights."
Formatted: Indent: Left: 0", First line: 1.5"
Formatted: Indent: First line: 1.5"
Page 8 of 9
BMC 3.48.030
Update to Business and Occupation Taxes Definitions “S”
(1) "Canned software" means software that is created for sale to more than one
(1) person. For purposes of this chapter, canned software is deemed to be tangible personal
property regardless of the method of delivery: tangible media (e.g., disk or installed on
hardware) or intangible (e.g., electronically over communications paths).
(2) "Custom software" means software created for a single person.
(3) "Customization of canned software" means any alteration, modification, or
development of applications using or incorporating canned software to specific individualized
requirements of a single person. Customization of canned software includes individualized
configuration of software to work with other software and computer hardware but does not
include routine installation. Customization of canned software does not change the underlying
character or taxability of the original canned software.
(4) "Master copies" of software means copies of software from which a software
developer, author, inventor, publisher, licensor, sublicensor, or distributor makes copies for sale
or license. The software encoded on a master copy and the media upon which the software
resides are both ingredients of the master copy.
(5) "Retained rights" means any and all rights, including intellectual property
rights such as those rights arising from copyrights, patents, and trade secret laws, that are owned
or are held under contract or license by a software developer, author, inventor, publisher,
licensor, sublicensor, or distributor.
(6) "Software" means any information, program, or routine, or any set of one (1)
or more programs, routines, or collections of information used, or intended for use, to convey
information that causes one (1) or more computers or pieces of computer-related peripheral
equipment, or any combination thereof, to perform a task or set of tasks. "Software" includes the
associated documentation, materials, or ingredients regardless of the media upon which that
documentation is provided, that describes the code and its use, operation, and maintenance and
that typically is delivered with the code to the consumer. All software is classified as either
canned or custom.
"Successor" means any person to whom a taxpayer quitting, selling out, exchanging, or
disposing of a business sells or otherwise conveys, directly or indirectly, in bulk and not in the
ordinary course of the taxpayer’s business, any part of the materials, supplies, merchandise,
inventory, fixtures, or equipment of the taxpayer. Any person obligated to fulfill the terms of a
contract shall be deemed a successor to any contractor defaulting in the performance of any
contract as to which such person is a surety or guarantor.
SECTION 2. Severability. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Ordinance and the same shall remain in full
force and effect.
SECTION 3. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
Page 9 of 9
BMC 3.48.030
Update to Business and Occupation Taxes Definitions “S”
PASSED by the City Council the___________ day of ____________________, 20___.
_________________________________
ERIC YOUNGER, Council President
Approved this ________ day of ________________________, 20___.
_________________________________
GREG WHEELER, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ _________________________________
ANGELA HOOVER, City Clerk KYLIE J. FINNELL, City Attorney
PUBLISHED the ________ day of ______________________, 20__.
EFFECTIVE the ________ day of ______________________, 20__.
ORDINANCE NO. ________.
8/8/25, 10:04 AM
English Espanol
Services newly subject to
retail sales tax
Engrossed Substitute Senate Bill (ESSB) 5814 added new
business activities to the definition of retail sales. This
means businesses must begin collecting sales tax on
these services on Oct. 1 , 2025:
. lnformation technolo8Jr services.
. Custom website development services.
. lnvestigation, security, and armored car services.
. Temporary staffing services.
. Advertisingservices.
. Live presentations.
. Sales of custom software and customization of
prewritten software.
. Modification of digital automated services (DAS)
exclusions.
This page provides basic information on the services that
are now subject to sales tax. The department will publish
additional guidance in the form of Special Notices,
Frequently Asked Questions, lnterim Guidance
Statements (lGS), Excise Tax Advisories, and Rulemaking.
We will update thls page with links to the additional
guidance as it's published.
Steps we're taking
The department is devoting significant resources to
developing and publishing guidance prior to the effective
date of Oct.1, 2025.
httpsr/dor.wa.gov/taxes-rates/retail-sales{axlservices-neh4y-subject-retail-sales_lax 1t4
Services newjy subjecl lo retail sales tax I \ hshington Department of Revenue
+X ffiq PyccKVh Ti6ng Vi6t (ii Language Help
Current plans include:
8/8i25, 10:04 AM Services newly subject to retail sales tax | \ bshington Department of Revenue
. Multiple listening sessions to be held during the
month of July (now concluded).
. Multiple interim guidance statements (lGSs).
o We are using IGS because they are faster than
administrative procedures act (APA) guidance.
Our plan is to incorporate your feedback into
the lGSs, which will later be converted to APA
guidance.
. Ivlultiple special notices.
o Multiple updates to existing web content.
o Direct messages to impacted businesses with links
to the published guidance.
Our goal is to publish the interim guidance in early
September. However, this goal could be extended if there
are unanticipated complications.
Your voice matters
Listening sessions and feedback survey
Thank you to everyone who participated in ourJuly
listening sessions or completed the online feedback
survey. Both the sessions and the survey are now
concluded.
Feedback from the survey and listening sessions will be
compiled and published as a summary report in early
August.
This feedback will help inform our lnterim Guidance
Statementsthat will be published in September.
Stay informed
Sign up to receive updates and alerts. U
Other ways to provide feedback
The department welcomes your questions and feedback,
including areas where you believe guidance may be
needed. Your questions and feedback will help us update
guidance on a timelier basis.
httpsr/dotwa.gov/taxes-rates/retail-sales-larservices-nev'4y-subjeclretail-sales-tax 2t4
8/8/25, 10:04 AM Services newly subject to retail sales tax lWashington Department of Revenue
You can submit questions and comments to
Rulings@dor.wa.gov. We will answer your questions as
quickly as possible. However, since this is new legislation,
it may take us longer than our standard 10-days. You do
not have to tell us who you are if you are merely
providlng comments or feedback and would like general
information.
Expand all
I nformation technology services
lnvestigation, security, and armored car services
v Temporary stalfing services
ru Advertising services
rz Sales of custom softwa re and customization of
prewritten software
rz Modifications to digital automated service (DAS)
exclusions
Additional resources
Frequently asked questions about ESSB 5814
Retail sales tax
lntroduction to sales tax webinars
Sales and use tax rates
Sales and use tax rates tools
https://dor.wa.gov/taxes-rates/retail-sales-tarservices-newly-subiect-retail_sales-iax 314
v Custom website development services
rz Live presentations
8/8/25, 10:04 AM Services newly subject to retail sales tax I Washinglon Department oI Revenue
ENE@
Subscribe to receive notifications fJ I taxpuy"l- Rights and Responsibilities
ElYour Privary I Accessibility I oonstaffonly | @ 2025 Washington State Department of
Revenue and its licensors. All rights reserved.
Take our survey
How are
we doing?
https://dorwa.gov/taxes-rales/retail-salestax/services-ne\&ly-subiect-retailsales-tax 4t4
•The 2025 Washington State Legislature passed Engrossed Substitute
Senate Bill (ESSB) 5814, which added new business activities to the
definition of retail sales.
•Businesses providing certain services must collect sales tax starting
October 1, 2025.
•The law also updates digital automated services (DAS) exclusions.
Purpose:
•Modernize tax code to capture services increasingly common in the
digital economy.
•Ensure consistent taxation across traditional and digital services.
•Clarify exemptions for specific health services (telehealth &
telemedicine).
2026 Update to the definition of retail sales.
ESSB 5814
Key Changes –New Taxable Services
•Advertising services
•Live presentations
•Information technology services
•Custom website development services
•Investigation, security, and armored car services
•Temporary staffing services
•Sales of custom software & customization of prewritten software
DAS Exclusions Removed
•Services primarily involving human effort
•Live presentations
•Advertising services
•Data processing services
New DAS exclusion:
•Telehealth and telemedicine services
Recommendation:
•Amend Bremerton Municipal Code 3.48.030(s)to align with ESSB
5814.
•Update the definition of retail sales for purposes of sales tax
collection
Proposed Action
Timeline:
•These changes take effect on October 1, 2025. Some business
services are now subject to retail sales tax, as required by state law.
•Cities must adopt & update their ordinances to match ESSB 5814 no
later January 1, 2026.
Questions /
Discussion
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: October 8, 2025
Agreement to Pre-Purchase Equipment for
the Eastside Treatment Plant UV
Replacement Project
COUNCIL MEETING Date: October 15, 2025
Department: Public Works & Utilities
Presenter: Bill Davis
Phone: (360) 473-2312
SUMMARY: The City will be advertising for construction of the Eastside Treatment Plant UV
Replacement Project in late February 2026. The ultraviolet (UV) disinfection equipment takes
approximately 6 months to manufacture and must be pre-purchased to install the equipment during
summer 2026. This project is funded by a State Revolving Fund (SRF) loan and the City has
received authorization from the Department of Ecology to pre-purchase this equipment, which allows
the equipment to be reimbursed under the loan.
During pre-design, the City’s consultant CONSOR determined that UV equipment manufactured by
Trojan Technologies (TT) was the least cost, best alternative. A Request for Bids (RFB) was sent to
TT on August 28, 2025. A bid for $747,845.28 was received on September 26, 2025.
ATTACHMENTS:
1. Goods and Services Agreement
2. Vicinity Map
3. Pre-Purchase Authorization Letter from Ecology
4. Sole Source Justification for Trojan Technologies
5. UV Equipment Bid from Trojan Technologies
FISCAL IMPACTS (Include Budgeted Amount): The Eastside Treatment Plant UV Replacement
Project is identified in the Wastewater Capital Improvement Plan (CIP), with a total budget of $4.97M.
This project is partially funded by a $3.96M CWSRF loan.
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to authorize the Mayor to approve the Agreement with Trojan
Technologies for the purchase of equipment for the Eastside Treatment Plant UV Replacement
Project in an amount not to exceed $747,845.28.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
B6
Bremerton ESTP UV Equipment Pre-Purchase September 2025
Page 1 of 10
EXHIBIT B
GOODS AND SERVICES AGREEMENT
THIS AGREEMENT is entered into as of this day of , 2025, by and between CITY OF
BREMERTON UEI NO. HV84RG6NYNG4, whose location and mailing address is 345 6TH STREET,
STE 100, BREMERTON, WA 98337 (hereinafter called “Assignor”) and , ,
whose mailing address is (hereinafter called “Assignee”).
WHEREAS, Assignor and the State of Washington are parties to that certain Award Agreement
through the Department of Ecology (Ecology) using Agreement WQC-2025-BremPW-00182 on or
about July 1, 2022, Ecology has agreed to loan Assignor up to three million nine hundred sixty four
thousand eight hundred and thirty eight Dollars ($3,964,838) for construction costs in connection
with utility infrastructure activities (the “Award Contract no. WQC-2025-BremPW-00182”);
WHEREAS, Assignor wishes to assign to Assignee and to have Assignee assume all of Assignor's
rights and obligations under Contract no. WQC-2025-BremPW-00182, and Assignee is willing to
assume all of said obligations of Assignor thereunder; and
These recitals herein are hereby incorporated into this Agreement and shall have the same force
and effect as all other provisions of the Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
THIS AGREEMENT is entered into between the City of Bremerton, a Washington Municipal
Corporation ("City"), and ("Vendor"), whose mailing address is:
.
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 as provided in Exhibit A.
II.TIME OF COMPLETION. Vendor shall deliver purchased equipment and appurtenances to
City facilities no later than April 10, 2026. The further field testing and startup activities are
to be determined.
III.COMPENSATION. The City shall pay the Vendor the total amount of $747,845.28 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: 50% of total compensation upon initiation of contract; 50% upon final
material delivery to 2500 Stephenson Avenue, Bremerton, WA 98310. Payment by the City
shall be made within 30 calendar days of receipt of invoice.
Bremerton ESTP UV Equipment Pre-Purchase September 2025
Page 2 of 10
IV. 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.
V. 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.
VI. 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.
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.
F. Should City elect to terminate this Agreement, City shall pay Vendor reasonable
cancellation charges in an amount determined by Vendor, which will include recovery of
costs plus reasonable profit.
A. 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
Bremerton ESTP UV Equipment Pre-Purchase September 2025
Page 3 of 10
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:
B. 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.
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.
C. 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.
D. 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.
Bremerton ESTP UV Equipment Pre-Purchase September 2025
Page 4 of 10
E. 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).
F. 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, interpretations, and determination).
II. 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.
IX WARRANTY.
Vendor warrants the Goods in accordance with the UV Specification, covering the specific Goods ordered, generally under which Vendor
warrants to the City that during the period ending 18 months after the delivery date or 12 months after the start-up date, whichever occurs
first, Goods which are manufactured by Vendor will be free from defects in material and workmanship and will function in accordance with
the specifications specified in any quotation. If Vendor breaches this warranty and the City notifies Vendor of such breach within 30 days
of the end of the applicable warranty period, Vendor will, at its option, either replace or repair the nonconforming Goods, or re-perform
any nonconforming Services, or refund the amounts paid by City to Vendor for the nonconforming Goods and/or Services Vendor’s warranty
contains the exclusive remedies for any breach of warranty. Vendor shall begin to correct any defects within ten (10) calendar days of its
receipt of notice from the City of the defect. Vendor expressly disclaims any remedies of “cover” and any warranties implied by law,
including but not limited to any warranty of merchantability or fitness for a particular purpose.
X INDEMNIFICATION AND LIMITATION OF LIABILITY. 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 to the proportional extent of Vendor’s negligence or willful
misconduct. Vendor’s obligation to indemnify shall not extend to that portion of damages caused by
the City’s sole negligence.
Bremerton ESTP UV Equipment Pre-Purchase September 2025
Page 5 of 10
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.
VENDOR shall take on the liability customary to the VENDORs of goods and services, but it shall not take on construction-type liability.
The total liability of VENDOR and its subsidiaries, affiliates, employees, directors, officers, and agents arising out of performance,
nonperformance, or obligations in connection with the design, manufacture, sale, delivery, and/or use of Goods and/or Services in
no circumstance includes any penalty, incidental or consequential damages of any kind, nor exceed the 3 TIMES total amount of
compensation actually paid to VENDOR under the Agreement, except only in the case of damages arising due to VENDOR’s willful
misconduct.
XI.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:
A. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per
accident for bodily injury and property damage; and
B. Commercial General Liability insurance written on an occurrence basis with limits no less
than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal
injury, bodily injury and property damage. Coverage shall include products/completed
operations/property damage; and employer's liability.
C. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and
aggregate.
D. 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.
Bremerton ESTP UV Equipment Pre-Purchase September 2025
Page 6 of 10
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 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.
A. MISCELLANEOUS.
B. 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.
C. 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 and exhibits
3. Specifications
4. Terms and Conditions
5. Vendor’s Proposal
D. 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.
E. Use of Photographs and Images. Vendor shall not use or distribute photographs or images
Bremerton ESTP UV Equipment Pre-Purchase September 2025
Page 7 of 10
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.
F.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.
G.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.
H.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.
I.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.
J.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 responsibl
K.for any loss of or damage to materials, tools, or other articles used or held for use in connection
with the work.
L.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.
M.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.
N.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
Bremerton ESTP UV Equipment Pre-Purchase September 2025
Page 8 of 10
stated in this Agreement.
O.Force Majeure. VENDOR is excused from performance of its obligations under this Agreement to the extent caused by acts
or omissions that are beyond its control, including but not limited to Government embargoes, blockages, seizures or freezing
of assets, delays, or refusals to grant an export or import license, or the suspension or revocation thereof, or any other acts
of any Government; fires, floods, severe weather conditions, or any other acts of God; quarantines; epidemics and
pandemics; labor strikes or lockouts; riots; strife; insurrections; civil disobedience or acts of criminals or terrorists; war;
material shortages or delays in deliveries to VENDOR by third parties. In the event of the existence of any force majeure
circumstances, the period of time for delivery, payment terms, and payments under any letters of credit will be extended
for a period of time equal to the period of delay. If the force majeure circumstances extend for six months, VENDOR may,
at its option, terminate this Agreement without penalty and without being deemed in default or in breach thereof.
P.Intellectual Property; Information Technology; Privacy. VENDOR retains all rights in and to any intellectual property and
confidential information created or procured by it or its representatives at any time, and City receives licenses to use such
intellectual property and information only to the extent provided by implied license under applicable law. No City
information technology requirements apply, except the extent such requirements specifically apply to equipment being sold
to City. To help ensure mutual compliance with applicable privacy laws, City will not provide to or share with Company any
personal data or personally identifiable information.
Q.A disclosure of Proprietary Information or other information, including but not limited to confidential information, that is
legally compelled to be disclosed pursuant to a subpoena, summons, court order, or other judicial or governmental process
or Public Records Request under RCW 42.56 shall not be considered a breach of this agreement, provided the City provides
prompt notice of any such subpoena, court order, request, or the like to the Vendor so that Vendor will have the opportunity
to obtain a court order or otherwise oppose the disclosure.
Notices to be sent to: Notices to be sent to:
CITY: VENDOR:
Attn: David Powell Attn:
City of Bremerton
345 6th Street, Suite 100
Bremerton, WA 98337-1891
R.Assignment. Any assignment of this Agreement by the Vendor without the written consent of
the City shall be void.
S.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.
T.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.
U.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,
Bremerton ESTP UV Equipment Pre-Purchase September 2025
Page 9 of 10
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.
V.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.
IN WITNESS WHEREOF, the parties below have executed this Agreement.
CITY: VENDOR:
CITY OF BREMERTON
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
Bremerton ESTP UV Equipment Pre-Purchase September 2025
Page 10 of 10
PEFORMANCE BOND FORM
KNOW ALL PERSONS BY THESE PRESENTS; That we, as Principal, and
, a corporation, organized and existing under and by virtue of the
laws of the State of Washington, and legally doing business in the State of Washington, as Surety, are
held and firmly bound and obligated unto the State of Washington, in the full and just sum of:
plus State Sales Tax, lawful money of the United States, for the payment of which sum well and
truly to be made, we do bind ourselves, our and each of our heirs, executors and administrators,
successors and assigns, jointly and severally, firmly by these presents.
This bond is executed in pursuance of Chapter 39.08, Revised Code of Washington.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas the Principal entered into
a certain contract with the City of Bremerton for the project listed below:
Pre-Purchase of Equipment for the Bremerton Eastside Treatment Plant UV Improvements
Project
NOW THEREFORE, if the Principal shall faithfully perform all the provisions of such contract
and pay all laborers, mechanics, subcontractors, and materialmen, and all persons who shall supply
such person or persons, or subcontractors, with provisions and supplies for the carrying on of such
work, then this obligation is void; otherwise to remain in full force and effect.
PROVIDED, however, that the conditions of this obligation shall not apply to any money
loaned or advanced to the Principal or to any subcontractor or other person in the performance of
any such work.
Signed and Sealed this day of .
Countersigned:
Principal
Agent
Address
By
Surety
ATTACHMENT 2: VICINITY MAP
Westside Wastewater
Treatment Plant
Eastside UV
Treatment Plant
Sinclair Inlet
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
Northwest Region Office
PO Box 330316, Shoreline, WA 98133-9716 • 206-594-0000
September 9, 2025
Greg Wheeler, Mayor
City of Bremerton
345 6th St, Ste 600
Bremerton WA 98337-1873
SUBJECT: Eastside Wastewater Treatment Plant UV Replacement Project –
Early Equipment Procurement Review. Application No. WQC-2025-BremPW-00182
Dear Mayor Wheeler:
On August 1st, 2025, the City of Bremerton (City) submitted to the Department of Ecology
(Ecology) a Request for Quotation (RFQ) to procure the following equipment:
•A Trojan UV Signa package.
•3 MCC feeder breaker units for the new Trojan power distribution center panels and
new Trojan hydraulic system center panel.
The City is planning to purchase this equipment prior to completing and receiving Ecology’s
approval of the full project design due to the length of time needed for manufacturing and
delivery. This equipment is required to complete planned upgrades to its Eastside wastewater
treatment plant. Ecology’s State Fiscal Year 2025 Final Water Quality Funding Offer List includes
funding for these upgrades as application WQC-2025-BremPW-00182.
Ecology reviewed the RFQ to verify that it contains appropriate design specifications and follows
an acceptable procurement process that complies with Ecology’s funding guidelines. The
submittal demonstrates that the equipment specifications and procurement process are
appropriate to maintain funding eligibility for these items. . Please note that this letter does not
constitute an approval of the equipment, nor does it authorize reimbursement at this time. The
City may only submit for reimbursement after Ecology has approved the final WWTP project
design that incorporates this equipment.
The City is assuming risk when purchasing equipment before 100% design approval. If
equipment is purchased before 100% design approval, and that equipment is not included in
the 100% design, Ecology will not reimburse for that equipment.
Attachment 3
City of Bremerton
Early UV system and MCC breaker RFQ Review
Page 2
If you have any questions about this determination, please contact Sue Cook at (425) 758-7776
and sue.cook@ecy.wa.gov or Madison Diaz at (425) 495-1777 and mdia461@ecy.wa.gov.
Sincerely,
Shawn McKone
Municipal Wastewater Permits Unit Supervisor
Washington Department of Ecology | Water Quality Program Phone: (425) 531-8314
Email: shawn.mckone@ecy.wa.gov
cc: Thomas Knuckey, Director of Public Works, City of Bremerton
Eric Burris, Wastewater Manager, City of Bremerton
David Powell, Engineering Project Engineer, City of Bremerton
Bill Davis, Managing Engineer, City of Bremerton
Erika Schuyler, Vice President, Water, Consor
Public Works and Utilities Department
100 Oyster Bay Ave. N. x Bremerton, WA 98312 x (360) 473-5920 x FAX (360) 473-5360
z Page 1 Trojan Technologies August 8, 2025
Rev. 09/2022
DATE: August 8, 2025
TO: Procurement File
FROM: David Powell
SUBJECT: Eastside Treatment Plant UV Replacement (Project 5882)
Sole Source Determination
In accordance with Bremerton Municipal Code 2.76.090, Sole Source Purchases, the purpose of
this memorandum is to document the necessity of sole source procurement methodology for the
purchase of UV Disinfection Equipment.
Reasoning (check all supporting options below and remove unnecessary items):
܈ Compatibility to existing City standard or to existing equipment, inventory, systems, data,
programs or service. (Attach the business case for the standard and attach a copy of the standard
if it is written). See Attachment 1, Section 1.5 Alternatives Comparison
܈ Other: Describe why this is the only company that can provide the sole source product or
service. Provide the support document that explains why a particular product, manufacturer, or
service is necessary and provide support for why the company you requested is the only available
company. See Attachment 1, Section 1.5 Alternatives Comparison
Cost/Quote support: Attachment 1, Appendix A
Per Quote No. 230174 at a total cost of: $603,700, our staff believe this is a fair and reasonable
price. Note that this is not the final cost, as it does not include the control panels, and this
price was quoted in May 2023 and will be updated prior to placing the order in October
2025.
Therefore, it is my determination that it is in the City’s best interests to purchase the Trojan UV
Signa UV Disinfection System through direct negotiation, pursuant to BMC 2.76.090 and
2.76.010, and that sole source purchase of the UV system and support equipment is justified for
this procurement.
Recommended by:
________________________________ David Powell
Digitally signed by David Powell
DN: C=US,
E=david.powell@ci.bremerton.wa.us, O=City of
Bremerton, OU=Engineering, CN=David Powell
Date: 2025.08.08 16:23:02-07'00'
Attachment 4
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Date: 2025.08.28 16:23:50
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Trane U.S. Inc.
Engineering Report for the
City of Bremerton
Eastside Treatment Plant
Improvements – Phase I
October 2023
PPREPARED BY:
CConsor
Point of Contact: Adam Schuyler, PE
600 University St., Ste. 300
Seattle, WA 98101
p: 1.206.462.7042
e: adam.schuyler@consoreng.com
PPREPARED FOR:
CCity of Bremerton
Eric Burris
Wastewater Manager
1600 Oyster Bay Avenue S.
Bremerton, WA 98312
Attachment 1
Engineering Report for the
City of Bremerton
Eastside Treatment Plant
Improvements – Phase I
The Engineering Report was prepared for Trane U.S. Inc. by Heather Burns, PE, Xinyi Xu, Shambhavi Thite,
Industrial Systems, Inc., and CG Engineering under the direct supervision of Adam Schuyler, PE.
Consor
600 University St., Ste. 300
Seattle, WA 98101
W210001WA • October 2023 • Bremerton Eastside Treatment Plant Improvements – Phase I • Trane U.S., Inc.
Page i
Table of Contents
Acronyms & Abbreviations ................................................................................................................... iv
Chapter 1 ............................................................................... 1-1
Executive Summary ............................................................. 1-1
1.1 Introduction ..................................................................................................................................... 1-1
1.2 East Plant Description ...................................................................................................................... 1-2
1.3 Project History ................................................................................................................................. 1-4
1.4 Existing Conditions ........................................................................................................................... 1-4
1.5 Alternatives Comparison .................................................................................................................. 1-4
1.6 Current Project and Proposed Improvements ................................................................................. 1-5
Chapter 2 .............................................................................. 2-1
Owner Information............................................................... 2-1
2.1 Owner Information .......................................................................................................................... 2-1
Chapter 3 .............................................................................. 3-1
Project Description............................................................... 3-1
3.1 Existing and Proposed Service Area ................................................................................................. 3-1
3.2 Receiving Body of Water and Discharge Outfall ............................................................................... 3-2
3.3 Regulatory Requirements ................................................................................................................ 3-2
3.4 Existing & Future Conditions ............................................................................................................ 3-2
3.4.1 Existing & Future Demographics, Land Use, & Population Projections ..................................... 3-2
3.4.2 Existing & Future Treatment ..................................................................................................... 3-3
3.5 UV Equipment Design ...................................................................................................................... 3-9
3.5.1 Design Criteria........................................................................................................................... 3-9
3.5.2 Basis of Design .......................................................................................................................... 3-9
3.5.3 Expected Effluent Characteristics ............................................................................................ 3-14
3.5.4 Provisions for Future Needs .................................................................................................... 3-14
Chapter 4 .............................................................................. 4-1
Flow Diagrams & Hydraulic Profiles .................................. 4-1
WA210001WA • October 2023 • Bremerton Eastside Treatment Plant Improvements – Phase I • Trane U.S., Inc.
Page ii
4.1 Process Flow Diagrams .................................................................................................................... 4-1
4.2 Existing & Proposed Plant Hydraulic Profiles ................................................................................... 4-1
Chapter 5 .............................................................................. 5-1
Proposed Construction Sequencing ..................................... 5-1
Chapter 6 .............................................................................. 6-1
Staffing, O&M, & Testing Requirements ........................... 6-1
Chapter 7 .............................................................................. 7-1
Cost Opinions ....................................................................... 7-1
Chapter 8 .............................................................................. 8-1
Project Compliance .............................................................. 8-1
APPENDIX A Manufacturer Cutsheets .............................. 8-1
APPENDIX B Preliminary Design Drawings ..................... 8-2
APPENDIX C Detailed Cost Estimate ............................... 8-3
APPENDIX D SEPA Exemption Memo ............................ 8-4
Tables
Table 1-1 | WAC 173-240-060 Requirements and Sections................................................................... 1-1
Table 1-2 | UV Disinfection Systems Cost Comparison .......................................................................... 1-5
Table 3-1 | Bremerton East Plant Effluent Limits ................................................................................... 3-2
Table 3-2 | NFPA 820 Disinfection Unit Requirements .......................................................................... 3-4
Table 3-3 | NFPA 820 Minimum Ventilation Rates ................................................................................ 3-4
Table 3-4 | Bremerton East Plant Existing and Future Flows ................................................................. 3-5
Table 3-5 | Bremerton East Plant and Future Influent and Effluent Water Quality ............................... 3-6
Table 3-6 | Bremerton Existing East Plant UV Configuration ................................................................. 3-7
Table 3-7 | UV System Design Criteria ................................................................................................... 3-9
Table 3-8 | Modified Channel Size ....................................................................................................... 3-11
Table 7-1 | East Plant UV System Replacement 30% OPCC ................................................................... 7-1
Table 7-2 | East Plant UV System 20-Year O&M Cost Estimate ............................................................. 7-2
Figures
Figure 1-1 | East Plant Site Plan ............................................................................................................. 1-3
W210001WA • October 2023 • Bremerton Eastside Treatment Plant Improvements – Phase I • Trane U.S., Inc.
Page iii
Figure 3-1 | Bremerton East Plant Existing Service Area ....................................................................... 3-1
Figure 3-2 | Existing East Plant UV System ............................................................................................ 3-7
Figure 3-3 | Existing UV Panels .............................................................................................................. 3-8
Figure 3-4 | Trojan UV Signa ................................................................................................................ 3-10
Figure 3-5 | Option 1 HSC Panels Location .......................................................................................... 3-12
Figure 4-1 | Bremerton East Plant Process Flow Diagram ..................................................................... 4-2
Figure 4-2 | Bremerton East Plant Existing Hydraulic Profile ................................................................. 4-3
Figure 4-3 | Bremerton West Plant Future Hydraulic Profile ................................................................. 4-4
WA210001WA • October 2023 • Bremerton Eastside Treatment Plant Improvements – Phase I • Trane U.S., Inc.
Page iv
Acronyms & Abbreviations
A
AACE Association for the Advancement of Cost Engineering
ACH Air changes per hour
B
BOD Biological oxygen demand
C
City City of Bremerton
Consor Consor North America, Inc.
CSO Combined sewer overflows
D
DOE Department of Ecology
E
East Plant Eastside Wastewater Treatment Plant
EPA Environmental Protection Agency
EPCP East Plant Control Panel
H
HRC High-rate clarification
HSC Hydraulic system center
M
MCC Motor control center
MGD Million gallons per day
MLLW Mean lower low water
N
NEC National Electrical Code
NEPA National Environmental Protection Act
NFPA National Fire Protection Association
NPDES National Pollutant Discharge Elimination System
O
O&M Operations and Maintenance
OIT Operator interface terminal
OPCC Opinion of probable construction cost
P
PDC Power distribution center
PLC Programmable logic controller
S
SCADA Supervisory control and data acquisition
SCC System control center
SEPA State Environmental Protection Act
SERP State Environmental Review Process
W210001WA • October 2023 • Bremerton Eastside Treatment Plant Improvements – Phase I • Trane U.S., Inc.
Page v
T
THD Total Harmonic Distortion
Trane Trane US Inc.
TSS Total suspended solids
U
UGA Urban growth area
UV Ultraviolet
V
VFD Variable Frequency Drive
W
WAC Washington Administrative Code
West Plant Westside Wastewater Treatment Plant
WA210001WA • October 2023 • Bremerton Eastside Treatment Plant Improvements – Phase I • Trane U.S., Inc.
Executive Summary • 1-1
CHAPTER 1
Executive Summary
1.1 Introduction
This Engineering Report discusses the design selection process for replacing the existing ultraviolet (UV)
treatment equipment and electrical and control equipment within the existing Eastside Wastewater
Treatment Plant (East Plant) located in the City of Bremerton (City). This Engineering Report is intended to
fulfill the requirements of the Washington Administrative Code (WAC) 173-240-060 (Engineering Reports).
Table 1-1 summarizes the requirements and the sections in the report where the requirements are
addressed.
Table 1-1 | WAC 173-240-060 Requirements and Sections
WAC 173--240--060
Requirement
Requirement
Description
Engineering Report Section
Where Addressed
(3)(a) The name, address, and telephone number of the
owner of the proposed facilities, and the owner's
authorized representative.
2.1 on Page 2-1
(3)(b) A project description that includes a location map
and a map of the present and proposed service
area.
3.1 on Page 3-1
(3)(c) A statement of the present and expected future
quantity and quality of wastewater.
3.4.2.3
(3)(d) The degree of treatment required based upon
applicable permits and rules, the receiving body of
water, the amount and strength of wastewater to
be treated, and other influencing factors.
3.2 and 3.3
(3)(e) A description of the receiving water 3.2
(3)(f) The type of treatment process proposed and a
discussion of the alternatives evaluated and the
reasons they are unacceptable
3.4.2
(3)(g) The basic design data and sizing calculations of each
unit of the treatment works. Expected efficiencies
of each unit and also of the entire plant, and
character of effluent anticipated.
3.5
(3)(h) Discussion of the various sites available and the
advantages and disadvantages of the site or sites
recommended.
3.5
(3)(i) A flow diagram that shows general layout of the
various units, the location of the effluent discharge,
and a hydraulic profile.
4.1 and 4.2
(3)(j) A discussion of infiltration and inflow problems,
overflows and bypasses, and proposed corrections
and controls.
Chapter 5
(3)(k) A discussion of special provisions for treating
industrial wastes.
Not Applicable1
WA210001WA • October 2023 • Bremerton Eastside Treatment Plant Improvements – Phase I • Trane U.S., Inc.
Executive Summary • 1-2
(3)(l) Detailed outfall analysis or other disposal method
selected.
Not Applicable2
(3)(m) A discussion of the method of final sludge disposal
and any alternatives considered.
Not Applicable, general
description see Sec 3.4.2.1
(3)(n) Provision of future needs. 3.5.3
(3)(o) Staffing and testing requirements of the facilities. Chapter 6
(3)(p) An estimate of the costs and expenses of the
proposed facilities and the method of assessing
costs and expenses.
Chapter 7
(3)(q) A statement regarding compliance with any
applicable state or local water quality management
plan or any plan adopted under the Federal Water
Pollution Control Act as amended.
Chapter 8
(3)(r) A statement regarding compliance with the State
Environmental Policy Act (SEPA) and the National
Environmental Policy Act (NEPA), if applicable.
3.3
Notes:
1. The influent of the East Plant is stormwater and municipal wastewater. No industrial waste would be treated.
2. Existing outfall will not be modified as part of this project.
1.2 East Plant Description
The City of Bremerton has two wastewater treatment plants: the Westside Wastewater Treatment Plant
(West Plant) and the East Plant. The East Plant was constructed in 2001 to meet state regulations on
frequency of combined sewer overflows (CSO) and Puget Sound water quality standards. The East Plant
consists of an influent screen, an Actiflo high-rate clarification (HRC) system, a UV light disinfection system,
and a 100,000-gallon storage tank. Treated effluent is discharged to Port Washington Narrows, Puget
Sound. The HRC and UV are housed in the HRC/UV Building at the East Plant. In addition, the plant has an
Operations Building that houses the electrical, instrumentation, and controls components; a Chemical
Building; an influent screen structure; and a biofilter (not used). An overview of the plant is shown in FFigure
1-1. The East Plant operates during wet weather periods and treats combined sewage from East Bremerton
when the volume of combined sewage exceeds the capacity of sewage conveyance system to the West
Plant.
WA210001WA • October 2023 • Bremerton Eastside Treatment Plant Improvements – Phase I • Trane U.S., Inc. Executive Summary • 1-3 Figure 1-1 | East Plant Site Plan
WA210001WA • October 2023 • Bremerton Eastside Treatment Plant Improvements – Phase I • Trane U.S., Inc.
Executive Summary • 1-4
1.3 Project History
CDM Smith completed the January 2001 Engineering Report that was approved by the Department of
Ecology (Ecology) in January 2001. That report discussed the design criteria, hydraulic profile, and
treatment alternatives for construction of the East Plant. The report recommended a treatment system
consisting of 100,000 gallons of short term storage, an influent screen, high-rate clarification, UV
disinfection, and outfall repair. The East Plant was constructed and put into operation in 2001.
HDR completed the City of Bremerton Wastewater Comprehensive Plan Update for the City of Bremerton
in 2014, reviewing the adequacy of existing and future wastewater system capacity and planning for
improvements. Most of the plan focused on the existing and future capacity of the West Plant, as the
primary treatment plant for the City, but the plan also concluded that the East Plant hydraulic capacity is
sufficient for treating current and projected sewer flows through 2033.
The City is currently working on an update to their comprehensive plan. This report relies mostly on
previously completed reports, but also references preliminary population projections from the
comprehensive plan update to support conclusions made in this report with the most up to date
information.
This project is being designed for an energy savings performance contracting public works contract. This
type of contract is an alternative contract available to public agencies in Washington State and is authorized
by RCW 39.35C. One of the features of this type of contract is that the competitive procurement process
has already been completed at the design stage as compared to the traditional design bid build process. In
the process of design, the pricing along with the other benefits of the individual systems are investigated
and competed wholistically against one another. This program is administered by the WA State Dept. of
Enterprise Services.
1.4 Existing Conditions
The existing Trojan UV4000 system at the East Plant is near the end of its service life and requires
replacement to ensure reliability of operation. The plant has experienced other operational challenges
associated with the UV treatment channel, including foaming in the upstream channel of the UV system,
issues with the turbidity monitoring control system, and communication problems with the UV system.
1.5 Alternatives Comparison
The 2001 Engineering Report concluded that UV disinfection was most appropriate for the needs of the
East Plant. Because the City has had no issues meeting disinfection requirements using UV treatment, other
methods of disinfection were not investigated as part of this improvements project. The City’s current UV
system is a Trojan UV4000. The three manufacturers and UV systems considered for replacing the UV
equipment were:
1) Trojan UV Signa (i.e., replace in-kind)
2) Suez Aquaray HiCAP
3) Xylem Wedeco Duron
A high-level cost comparison was completed for the three UV disinfection systems, shown in Table 1-2. All
three systems require modifications to the existing channel, with the Trojan system requiring the fewest
modifications. Only the Suez Aquaray system requires the purchase of a jib-crane for maintenance of the
WA210001WA • October 2023 • Bremerton Eastside Treatment Plant Improvements – Phase I • Trane U.S., Inc.
Executive Summary • 1-5
UV lamps. The Wedeco Duron unit requires an additional bank of UV lamps to meet treatment
requirements.
Table 1-2 | UV Disinfection Systems Cost Comparison
ITEM COSTS
Trojan UV Signa Suez Aquaray Xylem Wedeco
No. Banks 3 (+1 future) 3 (+1 future) 4 (+1 future)
Max Duty Power Draw (kw) 63.9 102.0 82.9
UV Equipment $603,700 $650,000 $537,275
Channel Modifications2 $130,800 $173,900 $176,000
Integrator E&IC Design $49,900 $74,9001 $74,9001
Jib Crane $ - $5,000 $ -
TOTALS: $784,400 $903,800 $788,175
Notes:
1. E&IC costs are based on integration of the Trojan UV Signa system. A 50% increase in integration costs is assumed for accommodation
of a new manufacturer’s controls system into existing plant control panel, as well as increased system startup and commissioning time.
2. Channel modification costs assume concrete fill as required to support UV equipment within the existing channel.
The cost estimates in TTable 1-2 are representative only of the UV system equipment, channel modifications,
and electrical and I&C work related to the UV system, and do not include other work under the scope of
this project that will remain the same regardless of UV manufacturer selection (demolition of existing
equipment; upgrades to HRC system controls; UV/HRC building exhaust fan, etc.). A more detailed cost
estimate of the selected alternative inclusive of the full scope of work is included in subsequent sections of
this report.
Non-monetary considerations for UV system alternatives include:
¾ Limited space in the existing HRC/UV building to mount a jib crane for the Suez Aquaray unit, likely
requiring additional concrete work
¾ Additional maintenance for a fourth bank of UV lamps for the Xylem Wedeco Duron unit
¾ Energy-efficiency of the new UV system
¾ Operator training time for learning a new UV system
The Trojan UV Signa system was selected for the upgrade of the UV equipment at the plant. Although the
capital cost for the Wedeco Duron system is estimated to be comparable, the Trojan UV Signa equipment
requires fewer channel modifications, has a controls system already compatible with existing equipment at
the plant, and is the most energy efficient in terms of maximum duty power draw. The plant has been
pleased with the operation of the existing Trojan unit and is familiar with the unit maintenance needs and
control system.
1.6 Current Project and Proposed Improvements
The City of Bremerton coordinated with Trane U.S. Inc. (Trane) to quantify energy efficiency savings for an
upgraded UV system. Trane contracted with Consor North America, Inc. (Consor) to prepare an
engineering report to document proposed upgrades to the East Plant to address the aging UV system and
the operational challenges listed previously. Despite the operational challenges, the existing UV4000
system has been effective at achieving desired levels of treatment during its use at the plant. Therefore,
proposed improvements do not change the method of treatment by which the plant achieves
WA210001WA • October 2023 • Bremerton Eastside Treatment Plant Improvements – Phase I • Trane U.S., Inc.
Executive Summary • 1-6
disinfection. Proposed improvements include replacing the existing UV system with a new UV system
located within the existing channel, along with the associated electrical, instrumentation, and controls
components. New water sprayers will be installed upstream of the UV to control foaming. The
manufacturer quotes for new UV systems are included in AAppendix A of this report. Preliminary
mechanical design drawings of the proposed facility improvements related to the new UV system and a
preliminary specification list is included in AAppendix B, and a preliminary cost estimate for the
construction of the work is included in AAppendix C.
APPENDIX A
Manufacturer Cutsheets
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ATTACHMENT 5
UV Equipment Bid from Trojan Technologies
Trojan Technologies Group ULC
3020 Gore Road, London, Ontario, Canada, N5V 4T7
+1 (519) 457-3400 www.trojantechnologies.com
Confidential - Company Proprietary
Trojan Bid Form
Bremerton ETP UV Improvements Equipment Pre-Purchase Page 8 of 44
September 2025
BID FORMS
The following forms with the heading BID FORM in the title must be submitted. Failure to submit
these forms may be grounds for rejecting the bid.
BID FORM – BID AND ACKNOWLEDGEMENT OF ADDENDA
1. The undersigned Respondent proposes and agrees, if this BID is accepted, to execute the
Goods and Services Agreement with the City of Bremerton to deliver the items as
specified or indicated in said BID Documents entitled “Request for BIDS Bremerton
Eastside Treatment Plant UV Improvements Equipment Pre-Purchase”.
2. Respondent accepts all of the terms and conditions of the BID Documents.
3. Respondent has examined copies of all the BID Documents including the following
addenda (receipt of all of which is hereby acknowledged). Failure to acknowledge
addenda shall render the BID non-responsive and shall be cause for its rejection.
Addenda Number: _________________ Date: __________________________
_________________ __________________________
_________________ __________________________
4. Respondent has familiarized itself with the nature and extent of the BID Documents,
Specifications, locality where the items are to be delivered, the legal requirements
(federal, state and local laws, ordinances, rules, and regulations), and the conditions
affecting cost, progress or delivery of requested items and has made such independent
investigations as Respondent deems necessary.
To all the foregoing, and including all BID Forms contained in this BID, said Respondent further
agrees to provide the materials required under the BID Documents within the Contract Time
stipulated in said BID Documents, and to accept in full payment therefore the Contract Price
based on the Total BID Price. The authorized signatory below acknowledges having read and
understood the entire solicitation and agrees to comply with the terms and conditions of the
solicitation in submitting and fulfilling the offer made in its BID and any subsequently awarded
Contract/Purchase Order. The signatory below represents that they have the authority to bind
the entity named below to the Response submitted and any Contract/Purchase Order awarded
as a result of this solicitation.
Dated: ______________ Company Name: _________________________________ __
By: _____________________________________________ Title: ________________________________________________
(Signature)
Trojan Technologies CorpSept 19, 2025
N/A
Director of North American Municipal Systems
Bremerton ETP UV Improvements Equipment Pre-Purchase Page 9 of 44
September 2025
BID FORM – REQUIRED INFORMATION
The Respondent shall furnish the following information. Additional sheets shall be attached as
required. Failure to complete these items will cause the BID to be non-responsive and will cause its
rejection. In any event, no award will be made until all of the Respondent’s General Information is
delivered to the CITY.
Name of Company: ______________________________________________________________
UBI #: _______________________________________________________
Federal Tax ID #:____________________________________________________________________
Company Address:_________________________________________________________________
Name of Primary Contact: ________________________________
Phone number:___________________________________________
Fax number: ______________________________________________
E-mail address: ____________________________________________
Years in business under current name (or list the year incorporated): ________________________________
Trojan Technologies Corp
3020 Gore Rd., London, Ontario, Canada
85-3985494
Jackie Corlett
(519) 457 3400
(519) 457 3030
jcorlett@trojantechnologies.com
47
N/A
Bremerton ETP UV Improvements Equipment Pre-Purchase Page 10 of 44 September 2025
BID SCHEDULE {BID FORM}
ITEM DESCRIPTION # OF UNITS (Each) UNIT PRICE ($), dollars
and cents
TOTAL PRICE ($), dollars
and cents
Product as-specified?
(YES / NO). If not as-
specified, attach extra
pages with explanation
1 UV System
Package1
1
2 MCC Breaker
Unit1
3
SUBTOTAL
SALES TAX AT
9.2%
GRAND TOTAL
Note:
1.Price is for the equipment and installation support only, and does not include full installation, startup, field testing, and similar services
that will be provided by the Contractor.
Yes - $ 658,800.00
$8,680.00
-
$ 26,040.00
$ 684,840.00
$ 63,005.28
$ 747,845.28
-
-
Bremerton ETP UV Improvements Equipment Pre-Purchase Page 11 of 44
September 2025
BID FORM – REFERENCES
Fill out the following form which demonstrates that the firm has supplied materials for three (3)
projects of similar size and complexity within the past 5 years.
Project Name Project Location/Address
Description of Work
Contract Amount Project Owner/Agency Completion Date
Owner/Agency
Representative
Address Phone Number
Project Name Project Location/Address
Description of Work
Contract Amount Project Owner/Agency Completion Date
Owner/Agency
Representative
Address Phone Number
Project Name Project Location/Address
Description of Work
Contract Amount Project Owner/Agency Completion Date
Owner/Agency
Representative
Address Phone Number
LOTT Olympia, WA (UV4000 Replacement)
$ 1.44 million 2020
Sutton Brown - Maintenance Supervisor 360-401-5321
Replaced the TrojanUV4000 system with a TrojanUVSigna 2Row system.
System design: 75 MGD, 63% UVT, 5 Channels with 2 – 18 lamp UV banks per channel, total of 180 lamps
500 Adams Street N.E., Olympia, WA
500 Adams Street N.E., Olympia, WA
Lott Clean Water Alliance
Racine WWTP, WI (UV4000 Replacement)909 S. 57th Street, Franklin, WI
$ 2.70 million 2024City of Racine
Mary Frances Kilmek – Plant
Superintendent 262-636-9521
Replaced the TrojanUV4000 system with a TrojanUVSigna 2Row system.
System design: 108 MGD, 68% UVT, 4 Channels with 4 – 24 lamp UV banks per channel, total of 384 lamps
800 Center St, Racine, WI 53403
London – Greenway PCC, ON – Canada
$ 0.88 million City of London 2022
226-268-9392
TrojanUVSigna 2Row system.
System design: 80 MGD, 65% UVT, 2 Channels with 3 – 22 lamp UV banks per channel, total of 132 lamps
109 Greenside Ave. London ON N6J 2X5 CA
Pete Virends – Wastewater Chief
Operator III 300 Dufferin Avenue, PO Box 5035, London,
ON, N6A 4L9
Bremerton ETP UV Improvements Equipment Pre-Purchase Page 13 of 44
September 2025
BID FORM – CERTIFICATION OF NON-DEBARMENT AND SUSPENSION
INSTRUCTIONS TO CONTRACTORS AND VENDORS: THIS FORM SHALL BE EXECUTED UPON
REQUEST OF THE CITY
THE CONTRACTOR SHALL MAKE COPIES AND DISTRIBUTE THIS FORM TO ALL
SUBCONTRACTORS. SUBCONTRACTORS MUST SUBMIT THIS FORM TO THE CITY PRIOR TO
PERFORMING ANY WORK.
As a prospective contractor for working with the City of Bremerton and as a requirement of your
submittal, you are required to provide debarment/suspension certification indicating that you are
in compliance with the below Federal Executive Order AND the Washington State RCW 39.26.200
Debarment:
Federal Executive Order (E.O.) 12549 “Debarment and Suspension “requires that all contractors
receiving individual awards, using federal funds, and all sub-recipients certify that the organization
and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded by any Federal department or agency from doing business with the Federal
Government.
Washington state RC 39.26.200 authorizes the director to fine or debar any contractor that hold
convictions, violations or failures as outlined in RCW 39.26.200.
Your signature certifies that neither you nor your principal is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any federal department or agency or any Washington state agency. If, at any time
during the term of the contract, such condition occurs the Contractor will notify the City without
delay.
CERTIFICATION: I, the undersigned, certify that the information above is true and complete to the
best of my knowledge and belief.
Company Name________________________________________________________________ _
Name and Title of Signer (type or print clearly) ________________________________ ________
Signature Date____________________
END OF BID FORMS
Sept 19, 2025
Trojan Technologies Corp
Mark Selander, Director of North American Municipal Systems
Trojan Technologies Group ULC
3020 Gore Road, London, Ontario, Canada, N5V 4T7
+1 (519) 457-3400 www.trojantechnologies.com
Confidential - Company Proprietary
Trojan Scope of Supply
SCOPE OF SUPPLY FOR BREMERTON EASTSIDE TREATMENT PLANT
ULTRAVIOLET DISINFECTION EQUIPMENT – TROJANUVSIGNA
Document Number: DC3423001
Edition/Revision: 01-04
Confidential - Company Proprietary
Prepared for: City of Bremerton
Consulting Engineer: Consor Engineers
Specification Section: 46 66 56 – Open-Channel Low-Pressure/High-Intensity UV Treatment Equipment
Addendum No: None
Trojan Quote: 230174
Design Criteria: Current Peak Flow: 15 MGD
Nominal Flow: 10 MGD
Minimum Flow: 1.50 MGD
Future Peak Flow: 20 MGD
UV Transmission: 50% minimum
Total Suspended Solids: 15 mg/L (30 Day Average)
Minimum Dose: 30 mJ/cm2 MS2 Reduction Equivalent Dose (RED)
Discharge Limit: 400 Fecal Coliform per 100 mL, 1 Day Maximum
The purchaser is responsible for reading all information contained in this Supply Contract. Trojan will not
be held accountable for the supply of equipment not specifically detailed in this document. Detailed
installation instructions are provided with t he shop drawings and are available earlier upon request.
Changes to this Scope of Supply that affect selling price will be handled through a change order.
Please refer inquiries to Trojan Manufacturer’s Representative:
Representative: Bill Reilly
Wm. H. Reilly & Co.
Phone: (503) 223-6197
Email: bill@whreilly.com
This proposal has been respectfully submitted by,
Trojan Technologies
Jackie Corlett
Jackie Corlett
Regional Sales Manager
Bremerton Eastside Plant (CSO), WA Page 2 of 7
UV Disinfection System Scope of Supply
September 18, 2025 Scope of Supply by: Stevandic, Stela
GENERAL CONFIGURATION
The TrojanUVSignaTM equipment described in this Scope of Supply consists of one (1) channel with three (3) duty
UV banks in the channel.
Unless otherwise indicated in this proposal all anchor bolts, conduit, conductors, local disconnects and transformers
(if required) are the responsibility of the Installation Contractor and are not included in Trojan’s Scope of Supply.
Specific cable types listed below are for reference only. Selecting cables that are appropriate for the installation
environmental conditions and in compliance with local code is the responsibility of the Installation Contractor.
Site to provide approved (engineered) anchor points for personnel to use as part of their fall restraint system around
open channels. The anchor points must be positioned so that the preferred retractable lifeline of 8 f eet is of
sufficient length to access the work at the channel. Refer to local safety regulation.
UV BANKS
Trojan’s Responsibility:
Each bank supplied will consist of TrojanUV Solo Lamps TM, quartz sleeves, supporting structures, ActiClean™
chemical/mechanical cleaning system and an automatic bank lifting mechanism. UV lamps are powered from an
individual electric feed from a lamp driver located in a Power Distribution Center (PDC).
Model and Make: TrojanUVSigna (2-Row Model)
Quantity: Three (3) UV Banks per Channel. Additional UV Bank for future flow
Each bank will be supplied with 20 –1000W UV lamps and quartz
sleeves, one (1) UV intensity sensor, one (1) ActiClean chemical-
mechanical wiping system and one (1) automatic bank lifting mechanism
Rating: Type 6P / IP68 (lamp sleeve assemblies)
Bank Frame: One (1) frame with included hardware is provided for up to two (2) banks
Lamp Cables Length: Lamp Cable Length 49' feet (refer to Trojan layout drawing for available
routing distance)
Approximate Weight: Twenty (20) Lamp - 610 lbs
Installation Contractor’s Responsibility:
The Installation Contractor shall install, align, secure, and seal (grout) each UV bank frame in the channel per the
instructions provided. The Installation Contractor shall provide solid grating downstream of the UV bank to block
out UV light. Please refer to the supplied Trojan-supplied drawings for details.
SYSTEM CONTROL CENTER
Trojan’s Responsibility:
A System Control Center (SCC) shall be supplied to monitor and control the UV disinfection System. Trojan will
provide a PLC I/O and soft address map to aid the Installation Contractor with integration of the UV PLC and
SCADA system. The UV SCC shall consist of the following:
Quantity Supplied: One (1) SCC
Location: PLC (2022) Pedestal
Controller Type: CompactLogix
Operator Interface: SCC HMI Beijer -15" (Outdoor 4X Rated)
Material / Rating: 304 Stainless Steel - Type 4X (IP66)
Approximate Weight: 700 lbs
SCADA: EtherNet/IP
Panel UPS: 30 Min on 24VDC
Air Conditioner: Yes
Bremerton Eastside Plant (CSO), WA Page 3 of 7
UV Disinfection System Scope of Supply
September 18, 2025 Scope of Supply by: Stevandic, Stela
Installation Contractor’s Responsibility:
The Installation Contractor is responsible for mounting the SCC as indicated on the drawings. Unless otherwise
indicated, the Installation Contractor is also responsible for the supply, installation and connection of the following
at the SCC:
1. One (1) 110-240V, 50/60 Hz, 1 Phase, 2 Wire + Ground, 1.5 kVA (minimum)
2. One (1) bond link to plant ground, in accordance with applicable codes and standards
3. One (1) Modbus communication link, Belden 3106A (or equivalent) from the SCC, daisy -chained to all
HSC(s) and PDC(s). One (1) line per channel.
4. One (1) communication link to SCADA
5. One (1) 4-20 mA analog shielded twisted pair from plant flow meter
6. One (1) 4-20 mA analog shielded twisted pair from online UV Transmittance monitor
STREAM CONNECTION
Trojan’s Responsibility:
Stream™ Connection is a digital support tool that provides our Technical Assistance Center with instant access
to the UV system to quickly diagnose and resolve UV issues. The Stream connection is a free service to streamline
technical support requests. Stream provides secure and encrypted connection external to the SCADA network and
configured in the UV System Control Center.
POWER DISTRIBUTION CENTERS
Trojan’s Responsibility:
The Power Distribution Center (PDC) distributes power to the TrojanUV Solo Lamps and shall consist of the
following:
Quantity Supplied: One (1) PDCs
Method of Cooling: Air-conditioning
Material / Rating: 304 Stainless Steel – Type 4X (IP66)
Approximate Weight: Double – 1984 lbs
Installation Contractor’s Responsibility:
The Installation Contractor is responsible for setting in place and bolting the PDC in location. The Installation
Contractor is also responsible for the supply, installation and connection of the following at each PDC:
1. One (1) 480/277V 60Hz, 3 Phase, 4 Wire + Ground, 69.4 kVA power feed with local disconnect
(provided by others) for double wide PDC. Note for future peak flow one (1) 480/277V 60Hz, 3
Phase, 4 Wire + Ground, 23.2 kVA power feed with local disconnect (provided by others) for
single wide PDC is required.
2. One (1) bond link to plant ground in accordance with applicable codes and standards (to underside of
panel)
3. One (1) bond link from each UV bank to the corresponding PDC in accordance with the applicable
drawings, specifications, codes, and standards
4. One (1) Modbus communication link, Belden 3106A (or equivalent) from the SCC, daisy -chained to all
HSC(s) and PDC(s). One (1) line per channel.
5. One (1) bank-in-place sensor cable (by Trojan) from each UV bank to the corresponding PDC
(underside of panel).
6. One (1) UV intensity sensor cable (by Trojan) from each UV bank to the corresponding PDC
7. One (1) discrete 2 conductor cable, from Level Control Panel for low water level signal
8. Installation and termination of lamp cables from the UV banks to each PDC. (Qty: 20 per bank –
supplied by Trojan) (underside of panel)
Bremerton Eastside Plant (CSO), WA Page 4 of 7
UV Disinfection System Scope of Supply
September 18, 2025 Scope of Supply by: Stevandic, Stela
HYDRAULIC SYSTEM CENTER
Trojan’s Responsibility:
The Hydraulic System Center (HSC) houses the ancillary equipment required to operate the quartz sleeve cleaning
system and automatic bank lifting mechanism.
Quantity Supplied: One (1) HSC
Materials / Rating: 304 Stainless Steel (Type 4X, IP 66)
Hydraulic Fluid: Mineral Oil
Approximate Weight: 310 lbs
Surge Protection: No
Hydraulic Hoses Length: Hose 50 feet (refer to Trojan layout drawing for available routing
distances)
Installation Contractor’s Responsibility:
The Installation Contractor is responsible for setting in place and bolting the HSC(s) as shown on the Trojan
drawings. The Installation Contractor is responsible for the supply, connection and installation of the following at
each HSC:
1. One (1) 480V 60Hz, 3 Phase, 3 Wire + Ground, 2.5 kVA power feed with local disconnect
2. One (1) bond link to plant ground, in accordance with applicable codes and standards
3. One (1) Modbus communication link, Belden 3106A (or equivalent) from the SCC, daisy -chained to all
HSC(s) and PDC(s). One (1) line per channel.
4. Cut and crimp hydraulic hoses (hoses and connections supplied by Trojan)
5. Connection of the hydraulic hoses, total of four (4) per UV bank
WATER LEVEL CONTROLLER
Trojan’s Responsibility:
A level control device is required to maintain and control the effluent level, regardless of flow rate.
Description: Fixed Weir
Quantity Supplied: One (1) level controller
Material of Construction: 304 Stainless Steel
Installation Contractor’s Responsibility:
The Installation Contractor to be responsible for setting in place, bolting 3/8” diameter anchors, grouting and
sealing the level controller.
LOW WATER LEVEL SENSOR
Trojan’s Responsibility:
A Gems-Warrick discrete probe Low Water Level Sensor is required downstream of the UV System to generate a
low water level signal that will shut down and protect the UV System if the water level in the channel drops too
low.
Quantity Supplied: One (1) of Electrode type water level sensor per UV channel
Approximate Weight: 10 lbs (panel)
Installation Contractor’s Responsibility:
The Installation Contractor is responsible for setting in place and bolting the water level sensor panel to the effluent
channel wall as per Trojan’s and Engineer’s drawings.
Bremerton Eastside Plant (CSO), WA Page 5 of 7
UV Disinfection System Scope of Supply
September 18, 2025 Scope of Supply by: Stevandic, Stela
LEVEL CONTROL PANEL
Trojan’s Responsibility:
Trojan will provide a wall mounted Level Control Panel to provide power and relays for level sensors.
Quantity Supplied: One (1) Level Control Panel (LCP) per UV channel
Controller Dimensions: 24 x 14 x 6 inch
Materials / Rating: 304 Stainless Steel (Type 4X)
Approximate Weight: 40 lbs
Installation Contractor’s Responsibility:
The Installation Contractor is responsible for mounting the Level Control Panel (LCP) as indicated on the drawings.
The Installation Contractor is also responsible for supplying mounting hardware, watertight conduit and for the
supply, installation and connection of the following at each LCP:
1. One (1) 120 Volt, 1 Phase, 2 Wire + Ground, 0.12 kVA power supply
2. One (1) discrete, 2 conductor cable from the Low Level Sensor to the LCP
3. One (1) discrete, 2 conductor cable from the LCP to each PDC
ON-LINE UV TRANSMISSION MONITOR
Trojan’s Responsibility:
Trojan will provide an online UV transmittance monitor to measure the effluent.
Description: One (1) Hach UVT meter containing:
• one (1) submersible UVAS probe with multi-beam flash
photometer,
• one (1) 25’ cable between the probe and the controller,
• one (1) Hach SC4500 UV-254 Controller.
Enclosure Rating: UL50E type 4X, IEC/EN 60529–IP 66, NEMA 250 type 4X Metal
enclosure with a corrosion-resistant finish
Controller Dimensions: 5.7 x 5.7 x 7.6 inch
Altitude: 6562 ft maximum
Operating Temperature: 35.6 to 104oF (Probe), -4 to 113oF (Controller)
Approximate Weight: 30 lbs (includes Probe and Controller)
Probe Immersion Depth: Minimum 6 inch
Probe Mounting: Pole mounting hardware provided includes wall mount bracket, hardware
and 6.56 feet pole
Controller Mounting: Pedestal provided
Sunroof: Included, with visor and mounting hardware
Installation Contractor’s Responsibility:
The Installation Contractor is responsible for setting in place and mounting the Controller panel and the probe. The
Installation Contractor is also responsible for the supply, installation and connection of the following at each
Controller:
1. One (1) 120 Volt, 1 Phase, 2 Wire + Ground, 1 amp (28 W sensor load) power supply,
2. One (1) 4-20mA DC Analog communications link between the Controller and the SCC
3. Installation of sensor communication cable between Probe and Controller (Cable supplied
by Trojan)
4. Supply of the required bolts for mounting Controller to the pedestal and Probe to the channel
edge
Bremerton Eastside Plant (CSO), WA Page 6 of 7
UV Disinfection System Scope of Supply
September 18, 2025 Scope of Supply by: Stevandic, Stela
FLOW CONDITIONER
Trojan’s Responsibility:
In order to ensure proper flow distribution to the UV System, a flow conditioner will be supplied.
Quantity Supplied: One (1)
Material of Construction: 304 Stainless Steel
Approximate Weight: 120 lb
Installation Contractor’s Responsibility:
Contractor is responsible for mounting L-frames to channel walls.
SPARE PARTS AND ADDITIONAL EQUIPMENT
Trojan’s Responsibility:
The following equipment will be supplied with the UV system:
Description Qty
UVSigna 2 Row Lamp Cable Track (one per UV Bank) Three (3)
1000W Solo Lamp Four (4)
1000W Solo Sleeve Four (4)
TrojanUVSigna Operator Kit One (1)
DOCUMENTATION (SHOP DRAWINGS AND O&M MANUALS)
The following documentation will be supplied by Trojan per the following schedule:
• One (1) electronic copy of Trojan Shop Drawing Submittals within a minimum 4 – 6 weeks after receipt of
written purchase order. Note that Submittals will not be issued externally until PO is fully executed.
• One (1) electronic copy of Trojan Standard O&M manuals at time of equipment delivery (hardcopies
available upon request)
DELIVERY, START-UP AND TRAINING
• Equipment shipment to be within 20 – 22 weeks after approval of Shop Drawings.
Trojan’s Responsibility:
The following start-up services will be provided by Trojan-certified technicians:
• Installation assistance as required by phone or fax. Technical Assistance Center 1 -866-388-0488 or
tac@trojantechnologies.com
• Up to three (3) days in one (1) trip for:
o start-up, testing of the installed UV equipment and classroom and/or jobsite training for
operations staff
▪ Note that if the Trojan’s Certified Service Technician determines the Contractor
work is not complete and the start-up cannot be completed in the allotted time a
return visit will be scheduled at the Contractors expense.
▪ If trainees are not available a return visit will be scheduled at the Contractors
expense.
Installation Contractor’s Responsibility:
The Contractor is responsible for:
• Unloading of the components supplied by Trojan, storage of all components, if required in a clean dry
environment including ActiClean™Gel. Note the ActiClean Gel must be stored in a climate-controlled
area to prevent freezing.
• Installing the equipment outlined in the scope of Supply in accordance with contract drawings, Trojan’s
shop drawings, instructions and installation checklist(s).
Bremerton Eastside Plant (CSO), WA Page 7 of 7
UV Disinfection System Scope of Supply
September 18, 2025 Scope of Supply by: Stevandic, Stela
• Supplying all conduits and conductors and components per the sites state regulations and components
indicated as supplied by others.
• Completing and submitting the Checklist including site photos at least three (3) weeks prior to date
requested for commissioning. Startup/commissioning cannot be scheduled without this information along
with up-to-date payment (according to the agreed upon terms). Trojan and/or our local representative
cannot guarantee specified startup dates but will do our best to meet the requested dates.
• Trojan panels with forced-air cooling design require installation in an environmentally controlled room
suitable for electrical distribution or motor drive equipment.
WARRANTY
Trojan will warrant the equipment and parts for 12 months after start-up or 18 months after shipment, whichever
comes first. Warranty does not cover labor, consumables and/or wear components.
Refer to attached Terms and Conditions for additional details.
• TrojanUV Solo Lamps shall be warranted for 18,000 hours prorated after 9,000 hours, or 36 months after
shipment, whichever occurs first.
• Lamp drivers shall be warranted for 10 years, prorated after 1 year.
• UV Intensity sensors shall be warranted for 5 years, prorated after 1 year.
• Quartz Sleeves shall be warranted for 5 years, prorated after 1 year.
SELLING PRICE $ See Bid Schedule (Bid Form) USD
Selling price does not include any taxes that may be applicable and is valid for 60 days.
Freight to site is included.
PAYMENT TERMS AND INVOICING MILESTONE BREAKDOWN
Net 30 Days **
• 50% upon initiation of contract
• 50% upon final material (equipment) delivery to site
** In the event payments are not made or not made in a timely manner, Trojan reserves the right to charge interest on
the outstanding balance at a rate of 1.5% per month or the maximum rate permitted by law, if lower, for each month or
part thereof that there is an outstanding balance plus applicable storage charges and/or inventory carrying charges.
TERMS AND CONDITIONS – ATTACHED
Trojan appreciates the opportunity to submit this proposal. Our proposal is submitted subject to and based on
Trojan’s standard terms and conditions, which we have attached as part of our proposal. We believe these terms
and conditions are customary in the trade and respectfully reserve the opportunity to negotiate, fair and
reasonable contract terms acceptable to both parties, if Trojan is selected for this project.
Trojan Technologies Group ULC
3020 Gore Road, London, Ontario, Canada, N5V 4T7
+1 519 457 3400 www.trojantechnologies.com
Page 1 of 8
TERMS AND CONDITIONS OF SALE
This document sets forth the Terms & Conditions of Sale for goods manufactured and/or supplied, and services provided, by
the seller entity identified on the purchase order (“SELLER”) and sold to the original purchaser thereof (“BUYER”). The term
“SELLER” includes only SELLER, and none of its affiliates. Unless otherwise specifically stated in a previously-executed written
purchase agreement signed by authorized representatives of SELLER and BUYER, these Terms & Conditions of Sale establish
the rights, obligations and remedies of SELLER and BUYER which apply to this offer and any resulting order or contract for the
sale of SELLER’s goods and/or services (“Products”).
1. APPLICABLE TERMS & CONDITIONS: These Terms & Conditions of Sale are contained directly and/or by reference in
SELLER’s proposal, offer, order acknowledgment, packing slip, and/or invoice documents. The first of the following acts
constitutes an acceptance of SELLER’s offer and not a counteroffer and creates a contract of sale (“Contract”) in accordance
with these Terms & Conditions of Sale: (i) BUYER’s issuance of a purchase order document against SELLER’s offer; (ii)
acknowledgement of BUYER’s order by SELLER; or (iii) commencement of any performance by SELLER pursuant to
BUYER’s order. Provisions contained in BUYER’s purchase documents (including electronic commerce interfaces) that
materially alter, add to, or subtract from the provisions of these Terms & Conditions of Sale are not a part of the Contract.
2. CANCELLATION AND RETURN: The whole or any part of this order may be cancelled only with the prior written consent
of SELLER. If SELLER does consent to a cancellation, such consent will be given only upon payment of reasonable
cancellation charges in an amount determined by SELLER and which will include recovery of costs plus reasonable profit.
In addition, with respect to any Products returned on cancellation, BUYER will pay SELLER’s cost of placing the returned
Products in a saleable condition, sales expenses incurred by SELLER in connection with such returned Products, a
reasonable restocking charge and freight costs incurred in connection with the original shipment and in connection with
returning such Products to SELLER, all in such amounts as are advised to the BUYER by SELLER. SELLER may cancel
all or part of any order prior to delivery without liability if the order includes any Products that SELLER determines may not
comply with export, safety, local certification, or other applicable compliance requirements. If SELLER’S offer contains a
cancellation schedule, such schedule shall apply in lieu of the cancellation charges stated above.
3. DELIVERY: Delivery will be accomplished FCA SELLER’s determined shipping point; or on SELLER’s discretion it will ship
DDP or DAP foreign port unless otherwise expressly agreed between the parties using Incoterms® 2020. At SELLER’s
discretion other terms under Incoterms® 2020 may be used as required. In the event of any reference to “prepay and add”
the applicable Incoterms® 2020 will be DDP or DAP at SELLER’s discretion, while any reference to “collect” will be deemed
to be FCA under the Incoterms® 2020 regardless of reference to reference to shipping point. In the event DDP or DAP is
used for a transaction SELLER reserves the right to select the carrier and shipping mode. BUYER agrees to pay SELLER
for any sales tax, brokerage fees, or other costs incurred as a result of the shipping mode chosen by SELLER. For all intents
and purposes the FOB/FOD Legal title and risk of loss or damage pass to BUYER upon transfer to the first carrier, regardless
of final destination and mode of transit. SELLER will use commercially reasonable efforts to deliver the Products ordered
herein within SELLER’s normal lead-time necessary for SELLER to deliver the Products sold hereunder. Upon prior
agreement with BUYER and for an additional charge paid by BUYER, SELLER will deliver the Products on an expedited
basis. Seller may, in its sole discretion, without liability or penalty, deliver partial shipments of Products to Buyer and ship
the Products as they become available, in advance of the quoted delivery date. If the Products are delivered in installments,
then insofar as each shipment is subject to the same Agreement, the Agreement will be treated as a single contract and not
severable. Products will be boxed or crated as determined appropriate by SELLER for protection against normal handling
and there will be an extra charge to the BUYER for additional packaging required by the BUYER with respect to
waterproofing or other added protection. BUYER has sole responsibility for off-loading, storage and handling of the Products
at the site. Where BUYER is responsible for any delay in the delivery date or installation date, the earlier of the date of
delivery or the date on which the Products are ready for shipment by SELLER may be treated as the delivery date for
purposes of determining the time of payment of the purchase price. Moreover, BUYER will be responsible for storage and
insurance expenses with respect to such Products. Should BUYER fail to effect pick-up of Product as previously agreed in
a timely manner, SELLER may, at its discretion, assess storage charges and a surcharge to the account of BUYER.
Trojan Technologies Group ULC
3020 Gore Road, London, Ontario, Canada, N5V 4T7
+1 519 457 3400 www.trojantechnologies.com
Page 2 of 8
4. INSPECTION: BUYER will promptly inspect and accept any Products delivered pursuant to this Contract after receipt of
such Products. In the event the Products do not conform to any applicable specifications, BUYER will promptly notify
SELLER of such nonconformance in writing. SELLER will have a reasonable opportunity to repair or replace the
nonconforming Product at its option. BUYER will be deemed to have accepted any Products delivered hereunder and to
have waived any such nonconformance for such Products unless a written notification pursuant to this paragraph is received
by SELLER within fourteen (14) calendar days of delivery to BUYER destination on order.
5. PRICES & ORDER SIZES: Prices do not include any charges for services such as insurance; brokerage fees; sales, use,
inventory, or excise taxes; import or export duties; tariff, special financing fees; value added tax, income, or royalty taxes;
consular fees; special permits or licenses; or other charges imposed upon the production, sale, distribution, or delivery of
Products. BUYER will either pay any and all such charges or provide SELLER with acceptable exemption certificates, which
obligation survives performance under this Contract. Installation, maintenance and any other services which relate to the
Products are not included unless specifically set forth in the offer. SELLER reserves the right to establish minimum order
sizes and will advise BUYER accordingly. Any orders below the minimum order size are subject to a fee as set out by
SELLER. Notwithstanding anything to the contrary set out herein, in the event of any delay to SELLER’s delivery schedule
caused by BUYER or its representatives (other than for Force Majeure or delays caused by SELLER), including without
limitation, a suspension of work or the project, a postponement of the delivery date or failure to timely issue of a notice of
commencement or similar document, then (i) the Purchase Price shall increase by 1% for every month or partial month of
such delay and this Agreement shall be construed as if the increased Purchase Price were originally inserted herein, and
BUYER shall be billed by SELLER on the basis of such increased Purchase Price, or (ii) SELLER shall have the right to
terminate this Contract without penalty.
6. PAYMENTS: All payments must be made in agreed-to currency, normally Canadian or U.S. Dollars. Unless other payment
terms are expressly agreed to by SELLER or otherwise required by the SELLER, invoices are due and payable NET 30
DAYS from date of the invoice, without regard to delays for inspection or transportation, with payments to be made by check
to SELLER at the address listed in the purchase order or by bank transfer to the account obtainable from SELLER’s
Accounts Receivable Manager. In the event payments are not made or not made in a timely manner, SELLER may, in
addition to all other remedies provided at law, either: (a) declare BUYER’s performance in breach and terminate this Contract
for default; (b) withhold future shipments until delinquent payments are made; (c) deliver future shipments on a cash-with-
order or cash-in-advance basis even after the delinquency is cured; (d) charge interest on the outstanding balance at a rate
of 1.5% per month or the maximum rate permitted by law, if lower, for each month or part thereof that there is an outstanding
balance plus applicable storage charges and/or inventory carrying charges; (e) repossess the Products for which payment
has not been made; (f) pursue other collection efforts and recover all associated costs including reasonable attorney’s fees;
or (g) combine any of the above rights and remedies as is practicable and permitted by law. BUYER is prohibited from
setting off any and all monies owed under this Contract from any other sums, whether liquidated or not, that are or may be
due to the BUYER, which arise out of a different transaction with SELLER or any of its affiliates. Should BUYER’s financial
condition become unsatisfactory to SELLER in its discretion, SELLER may require payment in advance or other security. If
BUYER fails to meet these requirements, SELLER may treat such failure as reasonable grounds for repudiation of this
Contract, in which case reasonable cancellation charges shall be due to SELLER. BUYER hereby grants SELLER a security
interest in the Products, wherever located, and whether now existing or hereafter arising or acquired from time to time, and
in all accessions thereto and replacements or modifications thereof, as well as all proceeds of the foregoing, to secure
payment in full of all amounts to SELLER, which payment releases the security interest but only if such payment could not
be considered an avoidable transfer under applicable laws. The security interest granted hereby constitutes a purchase
money security interest under the applicable Uniform Commercial Code or Personal Property Security Act or other
applicable law, and SELLER is authorized to make whatever registration or notification or take such other action as SELLER
deems necessary or desirable to perfect such security interest. BUYER’s insolvency, bankruptcy, assignment for the benefit
of creditors, or dissolution or termination of the existence of BUYER, constitutes a default under this Contract and affords
SELLER all of the remedies of a secured creditor under applicable law, as well as the remedies stated above for late
payment or non-payment.
7. LIMITED WARRANTY: Unless specifically provided otherwise in SELLER’s offer, SELLER provides the following Limited
Warranty. SELLER warrants that Products sold hereunder will be free from defects in material and workmanship and will,
when used in accordance with the manufacturer’s operating and maintenance instructions, conform to any express written
Trojan Technologies Group ULC
3020 Gore Road, London, Ontario, Canada, N5V 4T7
+1 519 457 3400 www.trojantechnologies.com
Page 3 of 8
warranty pertaining to the specific goods purchased, which for Products is for a period of twelve (12) months from delivery.
SELLER warrants that services furnished hereunder will be free from defects in workmanship for a period of thirty (30) days
from the completion of the services. Products repaired or replaced are not covered by any warranty except to the extent
repaired or replaced by SELLER, an authorized representative of SELLER, or under specific instructions by SELLER, in
which cases, the Products will be covered under warranty up to the end of the warranty period applicable to the original
Products. The above warranties do not include the cost of shipping and handling of returned items. Parts provided by
SELLER in the performance of services may be new or refurbished parts functioning equivalent to new parts. Any non-
functioning parts that are repaired by SELLER shall become the property of SELLER. Except as included in SELLER’S
offer, no warranties are extended to consumable items and for normal wear and tear. SELLER’s special warranties may
include additional limitations. All other guarantees, warranties, conditions and representations, either express or implied,
whether arising under any statute, law, commercial usage or otherwise, including implied warranties of merchantability and
fitness for a particular purpose, are hereby excluded. The sole remedy for Products not meeting this Limited Warranty is
replacement, repair, credit or refund of the purchase price, as determined by SELLER in its sole discretion. This remedy
will not be deemed to have failed of its essential purpose so long as SELLER is willing to provide such replacement, credit
or refund. To make a warranty claim, BUYER must notify SELLER in writing within 5 days of discovery of the defect in
question. This notification must include a description of the problem, a copy of the applicable operator’s log, a copy of
BUYER’s maintenance record and any analytical results detailing the problem. Any warranty hereunder or performance
guarantees shall only be enforceable if (a) all equipment is properly installed, inspected regularly, and is in good working
order, (b) all operations are consistent with SELLER recommendations, (c) operating conditions at the installation site have
not materially changed and remain within anticipated specifications, and (d) no reasonably unforeseeable circumstances
exist or arise. Products manufactured by a third party ("Third Party Product") which are not incorporated into SELLER’s
Products are not covered by the warranty. With respect to any Third Party Product, the warranty, if any, is provided solely
through the manufacturer of such Third Party Product, the terms of which vary from manufacturer to manufacturer and Seller
assumes no responsibility on their behalf. For Third Party Products, specific warranty terms may be obtained from the
manufacturer’s warranty statement.
8. INDEMNIFICATION: Indemnification applies to a party and to such party’s successors-in-interest, assignees, affiliates,
directors, officers, and employees (“Indemnified Parties”). SELLER is responsible for and will defend, indemnify and hold
harmless the BUYER Indemnified Parties against all losses, claims, expenses or damages to the proportional extent caused
by SELLER’s breach of the Limited Warranty. BUYER is responsible for and will defend, indemnify and hold harmless
SELLER Indemnified Parties against all losses, claims, expenses, or damages which may result from accident, injury,
damage, or death due to the negligence or misuse or misapplication of any Products or the breach of any provision of this
Contract by the BUYER or any third party affiliated or in privity with BUYER.
9. PATENT PROTECTION: SELLER shall further defend and indemnify BUYER Indemnitees from and against all Claims for
actual infringement of all letters patent, trademarks, copyright or corresponding rights pertaining to goods provided under
the Purchase Order, solely by reason of the sale or normal use of any goods sold to BUYER hereunder as finally determined
by a court of competent jurisdiction in any suit for infringement of any U.S. patent. SELLER’s warranty as to use patents
only applies to infringement arising solely out of the inherent operation of the goods according to their applications as
envisioned by SELLER’s specifications. In case the goods are in such suit held to constitute infringement and the use of
the goods is enjoined, SELLER will, at its own expense and at its option, either procure for BUYER the right to continue
using such goods or replace them with non-infringing products, or modify them so they become non-infringing, or remove
the goods and refund the purchase price (prorated for depreciation) and the transportation costs thereof. The foregoing
states the entire liability of SELLER for patent infringement by the goods. Further, to the same extent as set forth in
SELLER’s above obligation to BUYER, BUYER agrees to defend, indemnify and hold harmless SELLER for patent
infringement related to (x) any goods manufactured to the BUYER’s design, (y) services provided in accordance with the
BUYER’s instructions, or (z) SELLER’s goods when used in combination with any other devices, parts or software not
provided by SELLER hereunder. Subject to all limitations of liability provided herein, SELLER will, with respect to any
Products of SELLER’s design or manufacture, indemnify BUYER from any and all damages and costs as finally determined
by a court of competent jurisdiction in any suit for infringement of any U.S. or Canadian patent (or European patent for
Products that SELLER sells to BUYER for end use in a member state of the E.U. or the U.K.) that has issued as of the
delivery date, solely by reason of the sale or normal use of any Products sold to BUYER hereunder and from reasonable
expenses incurred by BUYER in defense of such suit if SELLER does not undertake the defense thereof, provided that
BUYER promptly notifies SELLER of such suit and offers SELLER either (i) full and exclusive control of the defense of such
Trojan Technologies Group ULC
3020 Gore Road, London, Ontario, Canada, N5V 4T7
+1 519 457 3400 www.trojantechnologies.com
Page 4 of 8
suit when Products of SELLER only are involved, or (ii) the right to participate in the defense of such suit when products
other than those of SELLER are also involved. SELLER’s warranty as to use patents only applies to infringement arising
solely out of the inherent operation of the Products according to their applications as envisioned by SELLER’s specifications.
In case the Products are in such suit held to constitute infringement and the use of the Products is enjoined, SELLER will,
at its own expense and at its option, either procure for BUYER the right to continue using such Products or replace them
with non-infringing products, or modify them so they become non-infringing, or remove the Products and refund the purchase
price (prorated for depreciation) and the transportation costs thereof. The foregoing states the entire liability of SELLER for
patent infringement by the Products. Further, to the same extent as set forth in SELLER’s above obligation to BUYER,
BUYER agrees to defend, indemnify and hold harmless SELLER for patent infringement related to (x) any goods
manufactured to the BUYER’s design, (y) services provided in accordance with the BUYER’s instructions, or (z) SELLER’s
Products when used in combination with any other devices, parts or software not provided by SELLER hereunder.
10. TRADEMARKS AND OTHER LABELS: BUYER agrees not to remove or alter any indicia of manufacturing origin or patent
numbers contained on or within the Products, including without limitation the serial numbers or trademarks on nameplates
or cast, molded or machined components.
11. SOFTWARE AND INTELLECTUAL PROPERTY: All licenses to SELLER’s separately provided software products are
subject to the separate software license agreement(s) accompanying the software media. In the absence of such express
licenses and for all other software, SELLER grants BUYER only a personal, non-exclusive license to access and use the
software provided by SELLER with Products purchased hereunder solely as necessary for BUYER to enjoy the benefit of
the Products. A portion of the software may contain or consist of open source software, which BUYER may use under the
terms and conditions of the specific license under which the open source software is distributed. BUYER agrees that it will
be bound by all such license agreements. Title to software remains with the applicable licensor(s). All SELLER contributions
to the Products, the results of the services, and any other work designed or provided by SELLER hereunder may contain
or result in statutory and non-statutory Intellectual Property, including but not limited to patentable subject matter or trade
secrets; and all such Intellectual Property remains the sole property of SELLER; and BUYER shall not disclose (except to
the extent inherently necessary during any resale of Product sold hereunder), disassemble, decompile, or any results of the
Services, or any Products, or otherwise attempt to learn the underlying processes, source code, structure, algorithms, or
ideas.
12. PROPRIETARY INFORMATION AND PRIVACY: “Proprietary Information” means any information, technical data, or know-
how in whatever form, whether documented, contained in machine readable or physical components, mask works or
artwork, or otherwise, which SELLER considers proprietary, including but not limited to service and maintenance manuals.
BUYER and its customers, employees, and agents will keep confidential all such Proprietary Information obtained directly
or indirectly from SELLER and will not transfer or disclose it without SELLER’s prior written consent, or use it for the
manufacture, procurement, servicing, or calibration of Products or any similar products, or cause such products to be
manufactured, serviced, or calibrated by or procured from any other source, or reproduce or otherwise appropriate it. All
such Proprietary Information remains SELLER’s property. No right or license is granted to BUYER or its customers,
employees or agents, expressly or by implication, with respect to the Proprietary Information or any patent right or other
proprietary right of SELLER, except for the limited use licenses implied by law. In respect of personal data supplied by
BUYER to SELLER, BUYER warrants that is duly authorized to submit and disclose these data, including but not limited to
obtaining data subjects´ informed consent. SELLER will manage BUYER’s information and personal data in accordance
with its Privacy Policy, a copy of which is available to BUYER upon request. In respect of other data and information that
SELLER may receive in connection with BUYER´s use of the Products including without limitation data that are captured
by the Products and transmitted to SELLER, BUYER hereby grants SELLER a non-exclusive, worldwide, royalty-free,
perpetual, non-revocable license to use, compile, distribute, display, store, process, reproduce, or create derivative works
of such data as needed for Product operation and maintenance, and to aggregate such data for use in an anonymous
manner, solely to facilitate marketing, sales and R&D activities of SELLER and its affiliates.
13. SPECIAL TOOLS, DIES, JIGS, FIXTURES AND PATTERNS: Any tools, dies, jigs, fixtures, patterns and similar items
which are included or required in connection with the manufacture and/or supply of the Products will remain the property of
SELLER without credit to the BUYER. SELLER assumes the cost for maintenance and replacement of such items and shall
have the right to discard and scrap any such item after it has been inactive for a minimum of one year, without credit to the
BUYER.
Trojan Technologies Group ULC
3020 Gore Road, London, Ontario, Canada, N5V 4T7
+1 519 457 3400 www.trojantechnologies.com
Page 5 of 8
14. CHANGES AND ADDITIONAL CHARGES: SELLER reserves the right to make design changes or improvements to any
products of the same general class as Products being delivered hereunder without liability or obligation to incorporate such
changes or improvements to Products ordered by BUYER unless agreed upon in writing before the Products’ delivery date.
SELLER shall not be obligated to implement any changes or variations in the scope of work described in SELLER’s scope
of supply unless BUYER and SELLER agree in writing to the details of the change and any resulting price, schedule or
other contractual modifications. This includes any changes or variations necessitated by a change in applicable law
occurring after the effective date of this Agreement including these Terms.
15. SITE ACCESS / PREPARATION / WORKER SAFETY / ENVIRONMENTAL COMPLIANCE: In connection with services
provided by SELLER, BUYER agrees to permit prompt access to equipment. BUYER assumes full responsibility to back-
up or otherwise protect its data against loss, damage or destruction before services are performed. BUYER is the operator
and in full control of its premises, including those areas where SELLER employees or contractors are performing service,
repair, and maintenance activities. BUYER will ensure that all necessary measures are taken for safety and security of
working conditions, sites, and installations during the performance of any services. BUYER is the generator of any resulting
wastes, including without limitation hazardous wastes. BUYER is solely responsible to arrange for the disposal of any wastes
at its own expense. BUYER will, at its own expense, provide SELLER employees and contractors working on BUYER’s
premises with all information and training required under applicable safety compliance regulations and BUYER’s policies.
SELLER has no responsibility for the supervision or actions of BUYER’s employees or contractors or for non-SELLER items
(e.g., chemicals, equipment) and disclaims all liability and responsibility for any loss or damage that may be suffered as a
result of such actions or items, or any other actions or items not under SELLER’s control.
16. LIMITATIONS ON USE: BUYER will not use any Products for any purpose other than those identified in SELLER’s catalogs
and literature as intended uses. Unless SELLER has advised the BUYER in writing, in no event will BUYER use any
Products in drugs, food additives, food, or cosmetics, or medical applications for humans or animals. In no event will BUYER
use in any application any Product that requires FDA 510(k) clearance unless and only to the extent the Product has such
clearance. BUYER will not sell, transfer, export, or re-export any SELLER Products or technology for use in activities which
involve the design, development, production, use, or stockpiling of nuclear, chemical, or biological weapons or missiles, nor
use SELLER Products or technology in any facility which engages in activities relating to such weapons. Unless the “ship-
to” address is in California, U.S.A., the Products are not intended for sale in California and may lack markings required by
California Proposition 65; accordingly, unless BUYER has ordered Products specifying a California ship-to address, BUYER
will not sell or deliver any SELLER Products for use in California. Any warranty granted by SELLER is void if any goods
covered by such warranty are used for any purpose not permitted hereunder.
17. EXPORT AND IMPORT LICENSES AND COMPLIANCE WITH LAWS: Unless otherwise expressly agreed, BUYER is
responsible for obtaining any required export or import licenses necessary for Product delivery. BUYER will comply with all
laws and regulations applicable to the installation or use of all Product, including applicable import and export control laws
and regulations of the U.S., E.U., and any other country having proper jurisdiction, and will obtain all necessary export or
import licenses in connection with any subsequent export, re-export, transfer, and use of all Product and technology
delivered hereunder. BUYER will not sell, transfer, export, or re-export any SELLER Product or technology for use in
activities which involve the design, development, production, use or stockpiling of nuclear, chemical, or biological weapons
or missiles, nor use SELLER Product or technology in any facility which engages in activities relating to such weapons.
BUYER will comply with all local, national, and other laws of all jurisdictions globally relating to anti-corruption, bribery,
extortion, kickbacks, or similar matters which are applicable to BUYER’s business activities in connection with this Contract,
including but not limited to the U.S. Foreign Corrupt Practices Act of 1977, as amended (the “FCPA”). BUYER agrees that
no payment of money or provision of anything of value will be offered, promised, paid, or transferred, directly or indirectly,
by any person or entity, to any government official, government employee, or employee of any company owned in part by
a government, political party, political party official, or candidate for any government office or political party office to induce
such organizations or persons to use their authority or influence to obtain or retain an improper business advantage for
BUYER or for SELLER, or which otherwise constitute or have the purpose or effect of public or commercial bribery,
acceptance of or acquiescence in extortion, kickbacks, or other unlawful or improper means of obtaining business or any
improper advantage, with respect to any of BUYER’s activities related to this Contract. SELLER asks BUYER to “Speak
Up!” if aware of any violation of law, regulation, or our Code of Conduct (“CoC”) in relation to this Contract. See
Trojan Technologies Group ULC
3020 Gore Road, London, Ontario, Canada, N5V 4T7
+1 519 457 3400 www.trojantechnologies.com
Page 6 of 8
https://www.veraltointegrity.com and https://www.veralto.com/integrity-compliance for a copy of the CoC and for access to
our Helpline portal.
18. RELATIONSHIP OF PARTIES: BUYER is not an agent or representative of SELLER and will not present itself as such
under any circumstances, unless and to the extent it has been formally screened by SELLER’s compliance department and
received a separate duly-authorized letter from SELLER setting forth the scope and limitations of such authorization.
19. FORCE MAJEURE: SELLER is excused from performance of its obligations under this Contract to the extent caused by
acts or omissions that are beyond its control, including but not limited to Government embargoes, blockages, seizures or
freezing of assets, delays, or refusals to grant an export or import license, or the suspension or revocation thereof, or any
other acts of any Government; fires, floods, severe weather conditions, or any other acts of God; quarantines; epidemics
and pandemics; labor strikes or lockouts; riots; strife; insurrections; civil disobedience or acts of criminals or terrorists; war;
material shortages or delays in deliveries to SELLER by third parties. In the event of the existence of any force majeure
circumstances, the period of time for delivery, payment terms, and payments under any letters of credit will be extended for
a period of time equal to the period of delay. If the force majeure circumstances extend for six months, SELLER may, at its
option, terminate this Contract without penalty and without being deemed in default or in breach thereof.
20. ASSIGNMENT AND WAIVER: BUYER will not transfer or assign this Contract or any rights or interests hereunder without
SELLER’s prior written consent. SELLER shall be permitted to assign and transfer this Contract and any ancillary agreement
hereunder to an affiliate of SELLER so long as such affiliates are either Trojan Technologies Group ULC or Trojan
Technologies Corp. Upon any assignment of this Contract the assignee shall have all rights, and be liable for all obligations
and responsibilities, under this Contract. Failure of either party to insist upon strict performance of any provision of this
Contract, or to exercise any right or privilege contained herein, or the waiver of any breach of the terms or conditions of this
Contract, will not be construed as thereafter waiving any such terms, conditions, rights, or privileges, and the same will
continue and remain in force and effect as if no waiver had occurred. This Agreement is for the sole benefit of the parties
hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall
confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by
reason of these Terms.
21. FUNDS TRANSFERS: BUYER and SELLER both recognize that there is a risk of banking fraud when individuals
impersonating a business demand payment under new mailing or banking transfer instructions. To avoid this risk, BUYER
must verbally confirm any new or changed mailing or banking transfer instructions by calling SELLER and speaking with
SELLER’s Accounts Receivable Manager before transferring any monies using the new instructions. Both parties agree
that they will not institute mailing or banking transfer instruction changes and require immediate payment under the new
instructions, but will instead provide a ten (10) day grace period to verify any mailing or banking transfer instruction changes
before any new or outstanding payments are due using the new instructions.
22. LIMITATION OF LIABILITY: None of SELLER, its successors-in-interest, assignees, affiliates, directors, officers, and
employees will be liable to any BUYER Indemnified Parties under any circumstances for any special, treble, incidental, or
consequential damages, including without limitation, damage to or loss of property other than for the Products purchased
hereunder; damages incurred in installation, repair, or replacement; lost profits, revenue, or opportunity; loss of use; losses
resulting from or related to downtime of the Products or inaccurate measurements or reporting; the cost of substitute
products; or claims of any of BUYER’s Indemnified Parties’ customers for such damages, howsoever caused, and whether
based on warranty, contract, and/or tort (including negligence, strict liability or otherwise). The total liability of SELLER, its
successors-in-interest, assignees, affiliates, directors, officers, and employees arising out of the performance or
nonperformance hereunder, or SELLER’s obligations in connection with the design, manufacture, sale, delivery, and/or use
of Products, will in no circumstance exceed the amount actually paid to SELLER for Products delivered hereunder.
23. APPLICABLE LAW AND DISPUTE RESOLUTION: All issues relating to the construction, validity, interpretation,
enforcement, and performance of this agreement and the rights and obligations of SELLER and the BUYER hereunder shall
be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein; provided that if
SELLER is Trojan Technologies Corp., then the applicable governing laws shall be the State of New York and the applicable
federal laws therein. Any provisions of the International Sale of Goods Act or any convention on contracts for the
international sale of goods shall not be applicable to this agreement. The parties submit to and consent to the non-exclusive
Trojan Technologies Group ULC
3020 Gore Road, London, Ontario, Canada, N5V 4T7
+1 519 457 3400 www.trojantechnologies.com
Page 7 of 8
jurisdiction of courts located in the Province of Ontario; provided that if SELLER is Trojan Technologies Corp., then the
parties submit to and consent to the non-exclusive jurisdiction of courts located in the State of New York.
24. ENTIRE AGREEMENT, MODIFICATION, & SURVIVAL: These Terms & Conditions of Sale constitute the entire agreement
between the parties and supersede any prior agreements or representations, whether oral or written. Upon thirty (30) days
prior written notice, SELLER may, in its sole discretion, elect to terminate any order for the sale of Products and provide a
pro-rated refund for any pre-payment of undelivered Products. No change to or modification of these Terms & Conditions
shall be binding upon SELLER unless in a written instrument specifically referencing that it is amending these Terms &
Conditions of Sale and signed by an authorized representative of SELLER. SELLER rejects any additional or inconsistent
Terms & Conditions of Sale offered by BUYER at any time, whether or not such terms or conditions materially alter the
Terms & Conditions herein and irrespective of SELLER’s acceptance of BUYER’s order for the described goods and
services. All payment, confidentiality and indemnity obligations, warranties, limitations of liability, product return, and
ownership of materials provisions together with those sections the survival of which is necessary for the interpretation or
enforcement of these Terms, shall continue in full force and effect for the duration stated in such provisions or the applicable
statute of limitations.
TERMS AND CONDITIONS COVERING SALES OF CONFIGURED-TO-ORDER PROJECTS AND
SYSTEMS
In addition to all terms and conditions above, unless otherwise addressed as part of SELLER’s offer, the following sections apply
to sales of Configured-to-Order Projects, Systems, and the like, except for any Aria Filtra Products:
101. PAYMENT.
101.1 Payments will be made per the schedule of payment events set forth in SELLER’s offer; provided that if the Start-Up Date
(as defined below) is less than 30 days after the Delivery Date, 90% of the purchase price is due before the Start-Up Date.
101.2. In the event that achievement of a scheduled payment event is delayed or suspended due to the BUYER’s convenience
or other reasons for which the BUYER or its representatives is responsible, such payment event will be deemed to have occurred
and SELLER shall be entitled to invoice BUYER as if achievement of such payment event had been achieved. In such
circumstances, BUYER must notify SELLER in writing of the reasons for the delay and anticipated duration of the delay. SELLER
will mark the Products (or parts thereof) as the BUYER’s property and BUYER shall make arrangements for a third party to store
the Products at BUYER’s cost.
102. DELIVERY
102.1 SELLER will request the BUYER to provide a firm date for delivery of the Products to the project site (the “Delivery Date”)
which SELLER will then use to establish the production schedule for the Products. The Delivery Date will then be binding on the
BUYER except for any changes made in accordance with the provisions below.
102.2 SELLER reserves the right to reschedule the Delivery Date to a date prior to or subsequent to the scheduled Delivery
Date in order to accommodate its shipping, production or other requirements. This right to reschedule will be applicable unless
otherwise agreed to in writing by an authorized officer of SELLER. SELLER will provide the BUYER or its representative with a
minimum of 24 hours’ notice of any such rescheduling.
102.3 Where any change to the Delivery Date is made at BUYER’s request and upon SELLER’s agreement, for all purposes
with respect to the warranty and payment requirements provided by SELLER in connection with the Products, the initial Delivery
Date will be deemed to be the Delivery Date regardless of any change later made to the Delivery Date.
103. ACCEPTANCE
103.1 During the period between the Delivery Date and the Start-up Date, the BUYER shall prepare the Products and the project
site for installation and start-up and, unless otherwise agreed in writing by an authorized representative of SELLER, shall
complete acceptance testing with respect to the Products. The Products shall be deemed to be accepted on the earliest to occur
Trojan Technologies Group ULC
3020 Gore Road, London, Ontario, Canada, N5V 4T7
+1 519 457 3400 www.trojantechnologies.com
Page 8 of 8
of the following dates (the “Acceptance Date”): (a) that date on which the Products can function in either manual or automatic
operation and provide treatment in accordance with criteria specified in the Quotation, or (b) 60 days after the Delivery Date.
103.2 All amounts which remain owing by the BUYER for the Products, including any amount which is specified to be payable
on the Acceptance Date, will be paid by the BUYER to SELLER within 30 days after the Acceptance Date, unless otherwise
agreed in writing by an authorized representative of SELLER.
103.3 Written notification must be given by the BUYER to SELLER within seven days after the Acceptance Date listing any
outstanding deficiencies with respect to the Products and SELLER will use all reasonable efforts to correct such deficiencies
promptly.
104. START-UP
104.1 SELLER will request a firm date for start-up of the Equipment (the “Start-Up Date”). Trojan will then schedule its technician
to be on-site for the Start-up Date. The Start-up Date is binding except for any changes made in accordance with the provisions
below.
104.2 On the Start-up Date, BUYER must have the Equipment and site ready as provided in the Installation Preparation Checklist
contained in the Contractor Installation Package sent to BUYER and must have paid all amounts then due and payable to
SELLER.
104.3 BUYER can request a rescheduling of the Start-up Date by notifying SELLER in writing not less than three weeks prior to
the Start-up Date. BUYER may request that the Start-up Date be extended but may not request that the Start-up Date be moved
forward. SELLER requires a minimum extension period of two weeks between the existing Start-up Date and the requested new
Start-up Date in order to reschedule its technician.
104.4 SELLER may, in its sole discretion, agree to reschedule the Start-up Date where a BUYER requests less than a two-week
extension but is under no obligation to do so. In the event that SELLER does agree to less than a two- week extension or that
BUYER requests more than two changes to the Start-up Date, BUYER will be charged an administration fee in an amount
determined by SELLER.
104.5 SELLER reserves the right to reschedule the Start-up Date to a date which is prior to or subsequent to the scheduled
Start-up Date in order to accommodate its resource availability. This right to reschedule will be applicable unless otherwise
agreed in writing by an authorized officer of SELLER. SELLER will provide BUYER or its representative with a minimum of 72
hours’ notice of any such change to the Start-up Date.
104.6 In the event that SELLER’S technician arrives at the project site and finds that the Equipment or the project site is not
ready for start-up as defined in the Contractor Installation Package, or any amounts then due and payable to SELLER remain
unpaid, BUYER may either:
(a) provided all amounts then due and payable to SELLER have been paid, issue a purchase order for all costs involved in
having SELLER correct the deficiencies, or
(b) have SELLER’S technician leave the site and then reschedule the Start-up Date to a date when all deficiencies will be
corrected, and the Equipment will be ready for start-up as defined in the Contractor Installation Package. If BUYER selects this
option, the cost of rescheduling will be not less than a minimum amount specified by SELLER, with the final cost being
determined by SELLER based on its costs and expenses incurred in connection with the rescheduling.
Rev. February 12, 2025
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: 10/8/25
Contract Modification No. 10 with Redside
Construction LLC for the Kitsap Lake Park
Renovation Project
COUNCIL MEETING Date: 10/15/25
Department: Parks & Recreation
Presenter: T. Barker
Phone: (360) 473-5429
SUMMARY: The proposed Contract Modification No. 10 is for $151,459.31, which brings the total
contract amount to $1,365,112.00. The added scope of work includes installing a trench drain in the
parking lot.
ATTACHMENTS: 1) Exhibit A: Scope of Work; 2) Contract Change Order No. 10
FISCAL IMPACTS (Include Budgeted Amount): The change order is within the approved $1.6M
project budget.
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve Contract Modification No. 10 with Redside Construction LLC, and authorize the
Mayor to finalize and execute the agreement with substantially the same terms and conditions as
presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
B7
Project
Name:10.00
Project No.59163 8/26/2025
R82-24
Description:
a.-$
DIRECT LABOR SUBTOTAL -$
d.-$
0.00
a.-$
0.00
a.-$
b.-$
0.00
0.00
a.
b.
0.00
a.123,838.43$
b.
123,838.00
6. GENERAL OVERHEAD & PROFIT
a.-$
a.-$
a.-$
7. Total OVERHEAD and PROFIT 0.00
7. SPECIALIZED SERVICES/ SUBCONTRACTOR PROFIT MARKUP
a.21% services per WSDOT standard specs -$
b. 14,860.56$
14,860.56
b.1.70 % of 1-6 NA NA
a.1.10 % of 1-7 NA NA
138,699.00
12,760.31
151,459.31
Sales Tax @ 9.2%
Total with WSST
12% subs to $25K / 10% 25K to 100K / 7% 100K and over
per WSDOT standard specs
9. BOND
bond adjustment 9. BOND
8. INSURANCE
payroll & volume driven liability insurance 8. INSURANCE
7. TOTAL SUBCONTRACTORS & SPECIALIZED SERVICES
Form Revised 6/1/2004 TOTAL (NIC WSST)
6. SUBTOTAL 5
4. SUBTOTAL 1 thru 3
5. SUBTOTAL 4
owned / rented equipment (per spec approved source)
5. SUBCONTRACTORS
small tools (NTE 3% craft labor)
4. SPECIALIZED SERVICES
3. EQUIPMENT COSTS
PME - Quote Attached
2. MATERIAL COSTS
2. MATERIAL COSTS
material costs
3. EQUIPMENT COSTS
1. CRAFT LABOR COSTS
Added cost for Trench Drain
Direct Labor Costs:
safety (NTE 2% labor, lines 1a)
Contractor:
1. CRAFT LABOR COSTS Itemize all costs on attached COP Cost Breakdown form.
Labor 29% - per WSDOT standard specs
Equipment 21% - per WSDOT standard specs
Materials 21% - per WSDOT standard specs
for contracts under $3 million
COP General Contractor Breakdown Summary
WCD # / COP No.
Date:
Contractor Ref. No.
Kitsap Lake Park Renovation
REDSIDE CONSTRUCTION LLC
crew (apprentices, journeymen, & laborers)
Source Documents:
COP 10 Trench Drain Page _______ of _______Issued 9/8/2025
Port Madison Enterprise Construction Co. 09/04/2025 15:24
RG25-015 KITSAP LAKE TRENCH DRAIN
Rick Goodwin KITSAP LAKE TRENCH DRAIN
Code Desc Quan Units Price Total
Option 1 Trench Drain
10 Mobilization 1.000 LS $4,465.98 $4,465.98
30 Survey 1.000 LS $13,459.90 $13,459.90
50 Saw Cut 330.000 LF $7.01 $2,313.30
60 Remove Asphalt Roadway 920.000 SF $2.94 $2,704.80
70 Unsuitable Excavation Inc Haul 26.000 CY $46.20 $1,201.20
80 Rough Grading 920.000 SF $3.31 $3,045.20
90 Trench Drain 54.000 LF $434.55 $23,465.70
100 Connect to Existing 1.000 EA $2,325.82 $2,325.82
110 CSBC 32.000 TN $49.22 $1,575.04
120 CSTC 16.000 TN $89.97 $1,439.52
130 HMA 1/2" 1.000 LS $14,390.50 $14,390.50
140 Striping 1.000 LS $4,465.96 $4,465.96
Option 1 Trench Drain $74,852.92
Option 2 Trench Drain
210 Mobilization 1.000 LS $4,465.98 $4,465.98
230 Survey 1.000 LS $16,108.46 $16,108.46
250 Saw Cut 725.000 LF $7.01 $5,082.25
260 Remove Asphalt Roadway 1,875.000 SF $4.23 $7,931.25
270 Unsuitable Excavation Inc Haul 53.000 CY $46.53 $2,466.09
280 Rough Grading 1,875.000 SF $2.16 $4,050.00
290 Trench Drain 155.000 LF $314.18 $48,697.90
300 Connect to Existing 1.000 EA $2,325.82 $2,325.82
310 CSBC 65.000 TN $49.19 $3,197.35
320 CSTC 33.000 TN $78.45 $2,588.85
330 HMA 1/2" 1.000 LS $22,148.39 $22,148.39
340 Striping 1.000 LS $4,776.09 $4,776.09
Option 2 Trench Drain $123,838.43
JOB TOTAL >>>>> $198,691.35
Page 1 of 1
file:///E:/HeavyBidWS/BIN/BIDF...Page 1 of 1 9/4/2025
CITY OF BREMERTON
CHANGE ORDER
CONTRACT CHANGE ORDER NO: 10
PROJECT NAME: Kitsap Lake Park Renovation
PROJECT NO: 59163 CONTRACTOR: Redside Construction, LLC
ORIGINAL CONTRACT AMOUNT: 1,133,661.55 DAYS: 70
PREVIOUSLY APPROVED
CHANGES:
79,991.15
DAYS: 20
THIS CHANGE: 151,459.31 DAYS: 0
REVISED CONTRACT AMOUNT: 1,365,112.00
This Change Order covers changes to the subject contract as described herein. The Contractor shall
construct, furnish equipment and materials, and perform all work as necessary or required to complete
the Change Order Items. The increase or decrease in c ontract price shown below includes any
applicable taxes.
Rule 170 PLEASE INDICATE Rule 171 PLEASE INDICIATE DESCRIPTION OF CHANGES INCREASE IN
CONTRACT
AMOUNT
($)
(DECREASE) IN
CONTRACT
AMOUNT
($)
CONTRACT
TIME
EXTENSION
(DAYS:)
x Added Trench drain to KL park parking lot 138,699.00
NET CHANGE IN CONTRACT AMOUNT
INCREASE OR (DECREASE)
138,699.00
ESTIMATED SALES TAX AT CURRENT RATE 9.02% 12,760.31
TOTAL INCLUDING SALES TAX 151,459.31
Contractor acknowledges and accepts that this Change Order constitutes final settlement of all claims
of any kind or nature arising from or connected with any work either covered or affected by this Change
Order, including, without limitation, claims related to contract time, on -site or home office overhead, or
lost profits. Nothing in this Change Order shall limit the City’s right to bring a claim for past performance.
CONTRACT CHANGE ORDER NO: _10_
PROJECT NAME: Kitsap Lake Park Renovation
Page 2 of 2
Change Order 09
Rev. 05/2022
The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the
contract price specified for each item, including any and all supervision costs and other miscellaneous
costs relating to the change in work, and as to the extension of time allowed, if any, for completion of
the entire work due to said Change Order.
This document will become a supplement of the contract and all provisions will apply hereto. It is
understood that this Change Order shall be effective when approved by the City of Bremerton.
The parties whose names appear below warrant that they are authorized to enter into a change order
that is binding on the parties of this co ntract. In addition, Contractor warrants that it has or will inform
the surety of this change, and shall take appropriate action to modify any bonds required under the
contract to address this change.
CONTRACTOR
Approved: DATE:
PROJECT MANAGER
Recommended: DATE:
DIVISION MANAGER
Council action is required as project cost will exceed approved budget. ☐ Yes ☒ No
Council action is required as change exceeds Mayors authority per BMC 2.76.110. ☐ Yes ☒ No
Recommended: DATE:
DIRECTOR OF PARKS AND RECREATION
Recommended: DATE:
MAYOR
Approved: DATE:
APPROVED AS TO FORM: ATTEST:
___
KYLIE. J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk
R:\Legal\Legal\Forms\FORMS ON COBWEB\Change Order Rev. 05 2022.docx
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
Study Session Date: October 8, 2025 SUBJECT:
Approve Extension of Appointment of
Chance Berthiaume as Provisional
Public Works & Utilities Director
COUNCIL MEETING Date: October 15, 2025
Department: Legal
Presenter: Charlotte Nelson
Phone: 360-473-5926
SUMMARY: BMC 2.05.020 states, “No provisional appointment(s) to a non-civil service department
director’s position shall extend beyond one hundred twenty (120) days from the date of original
appointment without the consent of the City Council.”
Chance Berthiaume, Utility Manager, was appointed by the Mayor as the Provisional Director of
Public Works and Utilities on June 19, 2025. October 17, 2025, will be 120 days.
City Council consent is required to extend his Provisional appointment.
ATTACHMENTS: None.
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION ACTION: ☐ Consent Agenda ☐General Business ☐Public Hearing
RECOMMENDED MOTION:
Move to approve Chance Berthiaume as Provisional Public Works and Utilities Director from October
17th until the City Council confirms the appointment of a Public Works and Utilities Director or
February 14, 2026, whichever is earlier.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
B8
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: 10/08/2025
Collective Bargaining Agreement between
the City of Bremerton and the International
Association of Fire Fighters Local 437
COUNCIL MEETING Date: 10/15/2025
Department: Legal/HR
Presenter: Charlotte Nelson
Phone: (360) 473-5926
SUMMARY: Pursuant to RCW 41.56, negotiations have concluded between representatives of the
City and the International Association of Fire Fighters Local 437 (IAFF) resulting in the attached
Collective Bargaining Agreement for January 1, 2025 through December 31, 2027. The agreement
includes 6% cost of living adjustment for 2024, a 2.7% cost of living adjustment for 2025, and
increase of 100% of Seattle/Tacoma/Bellevue CPI-W June to June (Min. 2.0 – Max 4.0). The
Collective Bargaining Agreement has been ratified by the IAFF membership. Council approval is
required to implement this agreement.
ATTACHMENTS: 1) Summary of Contract Changes; and 2) Collective Bargaining Agreement
between the City of Bremerton and the International Association of Fire Fighters Local 437
FISCAL IMPACTS (Include Budgeted Amount): The projected additional cost of implementing this
three-year Collective Bargaining Agreement is approximately $950,600 for 2025.
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the Collective Bargaining Agreement between the City of Bremerton and the
International Association of Fire Fighters for 2025 through 2027 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
B9
International Association of Fire Fighters Local 437 CBA
2025 Through 2027
Article 5.1 Wages January 1, 2025 – 6% Wage Increase
January 1, 2026 – 2.7% Wage Increase
January 1, 2027 - 100% of the Seattle/Tacoma/Bellevue CPI W June to
June (Min 2% - Max 4%)
2025 only, a one-time payment of 48 hours of straight time at the employee’s
base wage rate.
Article 5.5 Pay
Differentials
Article 5.15 Education
Incentive
Increase education incentive from 1% for AA and 2% For BA to 2% for AA and
4% for BA.
Article 5.16 Operator
Pay
Increase number of employees to operate the ladder truck and the rescue
boat from 9 to 12.
Article 5.17 Specialty
Team Assignment Pay
Effective the first full pay period after ratification by both parties, employees
assigned to the Peer Support Team, as a Rescue Swimmer and Senior EMT
Instructor will receive 0.5% of their base wage for the duration of the
assignment.
Article 6.2 Shift work
Schedules
Effective January 1, 2026, the work schedule for shift employees will change
to a four platoon schedule.
Article 8.10 Vacation
Accrual
Increase annual vacation carry over.
Article 9.3
Floating Holiday
Effective January 1, 2026, each non-shift employee shall be allowed a total of
fifty (50) hours of floating holiday to be observed by the employee on dates
mutually agreeable to the employee and the Fire Chief. The 50 hours shall be
prorated for partial years on non-shift.
Article 9.7 Holiday
Compensation
The City will pay all shift bargaining unit members an additional 24 hours of
straight time at the employee’s current pay band as listed in Appendix A paid
on the pay period ending November 30th, in lieu of a reduction in hours, subject
to the same terms and conditions as outlined in section 9.6. Article 9.7 shall
sunset on December 31, 2025.
Article 10.1.1 NON-SHIFT EMPLOYEES’ COLLECTIVELY BARGAINED ACCRUAL: Non-
shift employees shall accrue sick leave time with pay at the rate of 2.1667 hours
for each regularly scheduled pay period. An employee transferred to a non-
shift position any time during their first five years of employment shall
accrue 5.933 hours for each regularly scheduled pay period. The max
annual accrual of collectively bargained sick leave is 52.0008.
10.6.1
10.6.2
Article 10.6.4
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN
CITY OF BREMERTON
AND
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
LOCAL No. 437
January 1, 2025 through
December 31, 2027
_______________________________________________________________________________________________________________
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
Page 1 of 44
TABLE OF CONTENTS
TO THE
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN
CITY OF BREMERTON
AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 437
JANUARY 1, 2025 THROUGH DECEMBER 31, 2027
PREAMBLE……………………………………………………………………………………..3
ARTICLE 1 NON-DISCRIMINATION……………………………….……………...3
ARTICLE 2 RECOGNITION…………………………………………………………3
ARTICLE 3 UNION DUES…………………………………………………...………4
ARTICLE 4 UNION ACCESS………………………………………..………………4
ARTICLE 5 WAGES…………………………………………………………………5
ARTICLE 6 HOURS OF WORK…………………………………………………….9
ARTICLE 7 OVERTIME…………………………………………………………....11
ARTICLE 8 VACATION LEAVE……………………………….………………….14
ARTICLE 9 HOLIDAYS………………………………………………………….....19
ARTICLE 10 SICK LEAVE AND INDUSTRIAL DISABILITY….…………………20
ARTICLE 11 OTHER LEAVE…………………………………………………...……25
_______________________________________________________________________________________________________________
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
Page 2 of 44
ARTICLE 12 INSURANCE BENEFITS………………………….…………………....26
ARTICLE 13 CLOTHING AND UNIFORM CLEANING ALLOWANCE…………..28
ARTICLE 14 PERSONNEL PRACTICES……………………………………………..29
ARTICLE 15 PROMOTIONAL EXAMS…………………………….………………..32
ARTICLE 16 GRIEVANCE PROCEDURE…………………………………..……….35
ARTICLE 17 REGIONAL FIRE AUTHORITY………..….…………………….…….37
ARTICLE 18 DRUG FREE WORKPLACE…………………………………………...37
ARTICLE 19 LABOR MANAGEMENT COMMITTEE …………………………….41
ARTICLE 20 PHYSICAL FITNESS PROGRAM……………………………….…….42
ARTICLE 21 TOBACCO FREE WORKPLACE………………………………………44
ARTICLE 22 DISCIPLINARY ACTION………………………………………………43
ARTICLE 23 SEVERABILITY………………………………………………………...43
ARTICLE 24 ENTIRE AGREEMENT…………………………………….……...……43
ARTICLE 25 TERM ………………………………………………….………...……...43
APPENDIX A PAY SCHEDULE
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
Page 3 of 44
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN
CITY OF BREMERTON
AND
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 437
January 1, 2025 through December 31, 2027
___________________________________________________________
PREAMBLE
This Agreement is made and entered into pursuant to the provisions of RCW Chapter 41.56 by and between
the City of Bremerton, a municipal corporation of the State of Washington, hereinafter known as the “City”,
and the International Association of Fire Fighters Local No. 437, hereinafter known as the “Union” for the
purpose of setting forth the wages, hours and working conditions which shall be in effect during the term
of this agreement for employees included in the bargaining unit described in Article 2 below.
ARTICLE 1 NON-DISCRIMINATION
1.1 NON-DISCRIMINATORY APPLICATION: The provisions of this Agreement shall be applied
equally to all employees in the bargaining unit without discrimination as to age, sex, marital status,
race, color, creed, religion, national origin, political affiliation, sexual orientation, mental, physical
or sensory disability, unless based upon a bona fide occupational qualification.
1.2 DISCRIMINATION ALLEGATIONS: An employee who believes that they have been the
subject of unlawful discrimination prohibited in Section 1.1. above shall seek relief through the
appropriate local, state, or federal agency charged with investigating such matters, and shall not
process such complaints through the Grievance Procedure of this Agreement.
1.3 NON-DISCRIMINATION – UNION ACTIVITY: The provisions of the Agreement shall be
applied equally to all employees in the bargaining unit without discrimination as to Union
affiliation or activity or lack thereof. The City and the Union shall each be responsible for
complying with this provision. An employee who believes that they have been subject to
discriminatory treatment prohibited by this provision may process such an allegation through the
Grievance Procedure of the Agreement.
ARTICLE 2 RECOGNITION
2.1 The City recognizes the Union as the sole and exclusive bargaining representative for all employees
in classifications set forth in Appendix A, and such classification as may be added to the bargaining
unit during the term of this Agreement by mutual agreement of both parties or by official action of
the Public Employee Relations Commission if mutual agreement cannot be reached.
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
Page 4 of 44
ARTICLE 3 UNION DUES
3.1 DUES DEDUCTIONS: The City will deduct monthly Union dues and initiation fees from the pay
of those employees covered by this Agreement. Where laws require written authorization of the
employee, the same shall be furnished in the form required by the Union. No deduction shall be
made which is prohibited by applicable law. The City further agrees to make deductions for special
union assessments one (1) time per calendar year from bargaining unit members at no cost to the
union for administering such assessment. The City will transmit the total amount of deductions to
the Union monthly. The union shall refund to the City any amounts paid to it in error upon written
notification from the City.
3.2 DURATION OF AUTHORIZATION: Written employee authorizations will remain in effect
during the term of this Agreement unless an employee revokes authorization by providing written
notice to the Union and the Union provides notice to the City in accordance with RCW 41.56.110.
3.3 INDEMNIFICATION: The Union shall indemnify, defend, and hold the City harmless from any
and all liability, claims, and suits initiated against the City resulting from the administration of this
Article.
3.4 UNION NOTIFICATION: Within thirty (30) days or as soon as possible from the date of hire of
a new eligible employee, the City shall forward to the Union the name, address, and telephone
number of the new employee. The City shall promptly notify the Union of any Union employee
leaving its employment. The City shall allow the Union to arrange up to a four (4) hour meeting
with the new employee(s) on the job within fourteen (14) calendar days of employment or as
otherwise agreed upon. Union orientation shall be on paid time for the new employee(s).
ARTICLE 4 UNION ACCESS
4.1 CONDUCT OF UNION BUSINESS: Union business, such as handling grievances and other
legitimate routine matters, may be conducted on City premises and other approved work sites,
provided that such business does not interfere with Fire Department operations and is authorized
by the Fire Chief. Scheduled Union meetings may be held in Fire Department facilities provided
that such meetings do not interfere with Fire Department operations.
4.2 UNION REPRESENTATIVES: The Union shall provide written notice to the City of the names
of the officials authorized to represent the Union immediately upon their election or appointment.
The City will provide reasonable access to City premises and other approved work sites to such
authorized representatives for the purpose of handling grievances and other legitimate Union
business, subject to the conditions of Article 4.1, provided that such access does not interfere with
the work and duties of Union employee representatives or other on-duty employees.
4.3. UNION REPRESENTATIVES RELEASE TIME: A Union member in the bargaining unit will
be granted leave time while attending Union associated conventions, seminars, meetings, provided
(1) the employee notifies the Chief or designee in writing at least forty-eight (48) hours prior to the
time off, (2) the Fire Chief or designee determines it has sufficient employees available to staff the
department during this time off, and (3) an employee called in to replace another employee, who is
off on Union business, will receive overtime pay as required by this agreement. A Union member
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
Page 5 of 44
who has been granted leave to attend Union business may use any accumulated compensatory or
annual leave in their bank for this time off.
4.3.1 UNION LEAVE BANK: Each member of the bargaining unit who has completed six (6)
months of employment shall be assessed eight (8) hours of compensatory leave (exempt or
non-exempt) or accrued annual vacation leave on March 1st of each calendar year for the
purpose of establishing and maintaining a union leave bank. The leave shall be deducted
automatically from the employee’s vacation bank. The union leave bank may be used by
any member of the bargaining unit with prior written approval of the Union President, Vice
President or their specified designee. The category of leave donated will be at the discretion
of each member. This union leave bank may be used for any activity consistent with the
lawful purposes of the union.
• Union leave must be approved by the President, Vice President, or in their absence,
a specified designee;
• Union leave may be used in any increment;
• Union leave must be applied for 14 hours in advance of the leave taking place;
• Union leave that does not cause overtime will be charged at straight time.
• The first 96 hours per month of Union leave that causes overtime will be charged
at straight time and any additional Union leave that causes overtime will be
charged at time and one-half.
• Union leave will be guaranteed, even if it is not otherwise eligible, under Articles
8.3, 8.5 or 8.7 of this agreement.
The City shall produce a statement of all union leave expended upon request.
4.4. UNION BULLETIN BOARDS: The City will permit the Union to place one (1) bulletin board
for Union use at a designated location at each fire station. No materials shall be posted except
notices of meetings and elections, results of elections, changes in Union bylaws, notices of
employee social occasions and similar Union notices, letters, and memoranda. The City shall
provide a designated, mutually agreeable accessible and convenient location for installation of
bulletin boards at each fire station. The Union will purchase uniform, jointly specified bulletin
boards for each station. The bulletin boards will be for the exclusive use of the Union. Only those
items specifically approved by the Union will be posted.
ARTICLE 5 WAGES
5.1 Effective January 1, 2025, wages shall be as identified in Appendix A, which reflects an increase
of 6% over 2024 rates.
In 2025 only, in addition to the 2025 base wage, the City shall pay all bargaining unit members an
additional forty-eight (48) hours of straight time at the employee’s base wage rate. The forty-eight
(48) hours will be paid on November 22, 2025, to all employees who were employed with the City
on September 1, 2025.
5.2 Effective January 1, 2026, wages shall be as identified in Appendix A, which reflects an increase
of 100% Seattle/Tacoma/Bellevue CPI-W June to June (Min. 2.0 – Max 4.0) over 2025 rates.
_______________________________________________________________________________________________________________
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
Page 6 of 44
5.3 Effective January 1, 2027, wages shall be as identified in Appendix A, which reflects an increase
100% Seattle/Tacoma/Bellevue CPI-W June to June (Min. 2.0 – Max 4.0) over 2026 rates.
5.4 When applicable, the CPI-W is applied to semi-monthly Firefighter pay at 100% (top step 5). Step
percentage and differential pay rates are calculated from said Firefighter 100% rate after annual
CPI-W is applied. CPI-W will be calculated out to three (3) decimal places. As used in this
Agreement, “base wage” shall mean the employee’s rate of compensation as stated in Appendix A
(at the employee’s step and differential, as applicable). Longevity pay rates are calculated from the
base wage at 100%. Published hourly wages are estimates and actuals may vary (due to penny
rounding) and will be calculated by the City payroll software system.
5.5 PAY DIFFERENTIALS: There shall be a six percent (6%) non-shift pay differential added to the
base wage in Appendix A for those employees that are assigned to a day shift position. This pay
increase is also for those employees that are assigned to work full-time at the Fire Academy as an
instructor for a minimum of three (3) weeks. If, at the sole direction of the Fire Chief, an employee
is transferred back to shift pay shall be per Appendix A. All non-shift assignments are at the sole
direction of the Fire Chief.
Pay Differential Shift
Non-
Shift
Paramedic Trainee see Article 14.6.3
Firefighter @ Step 1 70% -
Firefighter @ Step 2 75% 81%
Firefighter @ Step 3 85% 91%
Firefighter @ Step 4 90% 96%
Firefighter @ Step 5 100% 106%
Firefighter/Ladder Truck & Rescue Boat Operator 102%
FF Mechanic or SCBA 104% 110%
Firefighter Paramedic 112.5% 118.5%
FF/Paramedic Continuous 5+ yrs 115% 121%
FF/Fire Prevention - 115%
Lieutenant 115% 121%
Captain 124% 130%
Fire Marshal - 130%
Medical Officer – Captain 130%
Battalion Chief 136% 142%
Appendix “A” for Firefighter/Paramedic includes a sixth (6th) step. To be eligible for this step the
employee shall complete five (5) years continuous service as a Firefighter/Paramedic with the City.
The sixth step will be set at one hundred fifteen percent (115%) of top Step Firefighter. A
Firefighter/Paramedic who separates from City service and then is reinstated off of a Civil Service
Reinstatement/Layoff Register within one year of separation is eligible, at the Chief’s discretion,
to start at the sixth (6th) step.
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
Page 7 of 44
5.6 The longevity schedule for members of the bargaining unit shall be as follows:
Completion of 5 years in service = 1.25%
Completion of 10 years in service = 2.5%
Completion of 15 years in service = 3.75%
Completion of 20 years in service = 5%
Completion of 25 years in service = 6.5%
Completion of 30 years in service = 8%
5.7 Advancement through the pay rates from the First Step through the Final Step of the pay range
shall occur upon completion of the prescribed number of full year(s) of continuous employment
since the employee’s last pay placement, provided, however that the employee’s overall rating on
their annual evaluation “Meets Expectations” or “Exceeds Expectations”. The City may withhold
a step increase for work performance that does not “meet expectations”. A step increase may be
withheld for a maximum of twelve (12) months, during which time the employee will receive
monthly evaluations. The employee’s immediate supervisor shall notify the employee in writing of
expected failure to meet expectations at least thirty (30) days prior to the due date of the work
performance evaluation. If such notice is not provided the step increase shall not be withheld. The
withholding of a step increase shall not change the employee’s current anniversary step date for
pay purposes. In the event that the employee “meets expectations” at one of the monthly evaluations
during the subsequent 12 months, they shall receive a step increase effective as of the due date of
that monthly evaluation. It shall be understood that the increase will not be applied retroactively
to the month(s) in which the employee received a rating below “meets expectations”. The denial
of a step increase is subject to the grievance procedure. In the event an employee is on approved
leave of absence without pay, the employee’s next wage step increase advancement date will be
extended by the actual number of days the employee was absent on such leave.
5.8 A new employee shall be hired at the first year step, however, a new employee who has prior paid
work experience as a full time Firefighter or Firefighter/Paramedic in the fire service which
operates a full time emergency fire/medical response service using paid employees, may be hired
anywhere between first and top step as agreed to by Labor/Management. This determination will
be based on prior work experience, education, and other factors. After six (6) months, if the
probationary employee receives an evaluation with an overall rating of “meets or exceeds
expectations” the Fire Chief may approve a step increase.
5.9 FIRE PREVENTION: An employee who is assigned to perform fire prevention work shall be
compensated at the pay rate listed in Appendix A for the duration of the assignment.
5.10 EQUIPMENT MAINTENANCE OR SELF-CONTAINED BREATHING APPARATUS
(SCBA) MAINTENANCE: An employee who is assigned to perform either equipment
maintenance work or SCBA maintenance work shall be compensated at the Firefighter/Equipment
Maintenance pay rate listed in Appendix A for the duration of the assignment.
5.11 ACTING OFFICERS: An employee who serves as an Acting Officer during a twenty-four (24)
hour shift shall be compensated as outlined in section 5.12 below. In order to be eligible to serve
as an Acting Officer an employee shall be on the City’s current appropriate promotional register
and agree to work the assignment. The first opportunity to act as a Battalion Chief shall go to a
Station Captain. If the Station Captain does not agree to work the assignment, then the opportunity
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
Page 8 of 44
will be offered to those employees on the current Battalion Chief register. The use of Acting
Officers shall not be used as permanent alternative to hiring a full complement of officers. All other
acting provisions apply. There shall be no Acting Station Captain.
5.12 Acting Officers/Lieutenant/PM Compensation:
0 through 1 hour No Compensation
After 1 hour through 4 hours 1 hour of overtime
After 4 hours through 12 2 hours of overtime
After 12 through 24 hours 2.5 hours of overtime
In no case shall there be more than 2.5 hours of overtime per Acting Officer position. In the event
of a split between two (2) employees, the maximum overtime paid shall be three and one-half (3.5)
hours.
5.13 All newly hired employees shall utilize automatic deposit of their paychecks during their term of
employment with the City.
5.14 DEFERRED COMPENSATION
5.14.1 The City shall match the payroll deduction of any written request by an employee covered
by this Agreement in an amount not to exceed five-point five percent (5.5%) of the
employee’s base wage plus longevity.
5.14.2 LEOFF II bargaining unit members who have completed 15 or more years of service with
the City are not required to make a matching contribution and may elect to have all or part
of the City’s maximum contribution converted into longevity in lieu of Deferred
Compensation.
5.14.3 CONVERSION TO LONGEVITY: Employees may elect, by notifying the City in
writing, that they wish to convert all or a portion of the City’s contribution to their deferred
compensation to longevity. Such conversion shall only be permitted in quarter percent
(1/4%) increments. Once an employee has selected to make the conversion from deferred
compensation to longevity, they will not be permitted to make any changes whatsoever to
the percentage converted, for a full 12-month period.
5.15 EDUCATION INCENTIVE: Eligible employees shall be entitled to receive, in addition to their
monthly wages, Education Incentive as follows:
• 2% of employee’s base wage per month for Associates Degree
• 4% of employee’s base wage per month for Bachelor’s Degree
Degrees shall be documented through official transcripts from accredited colleges or
universities.
Educational Incentive pay shall not be cumulative, and it shall be the responsibility of the
employee requesting educational incentive pay to provide the City with certified transcripts
of their hours earned and/or degree(s) awarded. Educational Incentive shall be paid to the
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
Page 9 of 44
employee beginning the next pay period following receipt of the documentation and shall
not be retroactive.
Employees in probationary status shall not be eligible for educational incentive pay.
5.16 LADDER TRUCK & RESCUE BOAT OPERATOR PAY: There shall be nine (9) Fire
Department employees assigned to operate the ladder truck and the rescue boat. Effective January
1, 2026, there shall be twelve (12) Fire Department employees assigned to operate the ladder truck
and the rescue boat. The employees assigned to operate the ladder truck and rescue boat shall have
2% added to the base wage as listed at the Operators pay rate listed in Appendix A for the duration
of the assignment.
5.17 SPECIALTY TEAM ASSIGNMENT PAY: Effective the first full pay period after ratification
of this Agreement by both parties, employees assigned to the following specialties shall receive
0.5% of their base wages for the duration of the assignment: Peer Support Team, Rescue Swimmer,
and SEI (Senior EMT Instructor).
ARTICLE 6 HOURS OF WORK
6.1 NON-SHIFT WORK SCHEDULES: The normal hours of work for non-shift personnel shall be
40 hours per week. Employees may work an alternate work schedule with mutual agreement
between the employee and the Fire Chief.
6.2 SHIFT WORK SCHEDULES: Pursuant to section 201 (k) of FSLA, the City and the Union
have established a twenty-seven (27) day work period for shift personnel, which is equivalent to
204 hours. The normal work hours for shift personnel shall be an average of 49.39 hours per
week for an average yearly total of 2568 hours.
Effective January 1, 2026, the work schedule for shift personnel will be a 4 Platoon with twelve
(12) Debit Days for an average yearly total of 2472 hours. Debit Days are 24 hour shifts that each
employee is required to work to increase their average annual hours to 2472. Pursuant to section
201(k) of the FLSA, the work period will be twenty-four (24) days for shift personnel.
On or about January 1st of each year, the Fire Chief shall assign shift personnel to one of three
shifts: A, B, C. A shift assignment for an employee shall be worked as follows:
• One (1) shift (24 hours) on duty followed by three (3) shifts (72 hours) off duty.
• Two (2) shifts (48hours) on duty followed by three (3) shifts (72 hours) off duty.
• This pattern shall repeat itself throughout the calendar year. Every eighth (8th) scheduled shift
(24 hours) shall be off-duty Kelly day.
• Shift hours begin at 0800 and end at 0800 hours each day.
Effective January 1, 2026, and on or about January 1st of each year thereafter, the Fire Chief shall
assign shift personnel to one of Four (4) shifts: A, B, C, and D. A shift assignment for an employee
shall be worked as follows:
• Shift hours begin at 0800 and end at 0800 hours each day.
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
Page 10 of 44
The parties will mutually agree to a four-platoon schedule through the Labor-Management
Committee.
6.2.1 For 2025 only, employees who are in a leave without pay status for an entire pay period
are not entitled to receive pay for Kelly days during that pay period.
6.3 BEGINNING OF YEAR TRANSFERS: The Fire Chief may transfer as many employees as the
Chief deems appropriate from one shift or non-shift assignment to another at the beginning of each
calendar year. The Chief shall provide fifteen (15) days’ notice of all such transfers. The Fire Chief
shall provide all affected employees the opportunity to give the Fire Chief their input and relevant
information related to the transfer.
6.4 MID-YEAR TRANSFERS: During the calendar year, the Fire Chief may transfer each non-
probationary employee once from one shift or non-shift assignment to another as a permanent
assignment or may transfer each non-probationary employee once on a temporary basis to another
shift or non-shift assignment and subsequently return the employee to their original assignment.
The Fire Chief shall provide reasonable prior notice to a transferred employee, provided that
emergency transfers shall be accomplished with such prior notice as is feasible under the
circumstances. The Fire Chief shall provide all affected employees the opportunity to give the Fire
Chief their input and relevant information related to the transfer. An unlimited number of mid-year
transfers of non-probationary employees which are mutually agreed to in writing between the Fire
Chief and the employee are permitted. The Fire Chief may transfer each probationary employee an
unlimited number of times from one shift or non-shift assignment to another during the period of
probation.
6.5 SHIFT AND/OR KELLY DAY EXCHANGES: An employee who has completed twelve (12)
full months of employment with the Department may exchange full or partial shifts or full Kelly
Days with another employee of the same permanent rank provided that: The change does not
interfere with the duties and responsibilities in their positions. Shift and/or Kelly Day exchanges
shall be considered as substitutions under FLSA 29 U.S.C. 207(p), and the City shall have no
obligation to keep records of such exchanges or to revise the hours of work to reflect the exchanges.
Shift and/or Kelly Day exchange documentation must be submitted at least 14 hours prior to the
shift being exchanged. *Effective January 1, 2026, Section 6.5 will apply to Debit Days instead of
Kelly Days.
6.5.1 Shift and/or Kelly Day Exchange Approval - The shift Battalion Chief must approve the
exchange in the staffing program, thus indicating no interference is expected as a result of
the Shift/Kelly Day exchange. The Fire Chief may overrule the Battalion Chief when in
their opinion, the needs of the department will be negatively affected by the exchange.
6.5.2 Personnel may have early relief up to two (2) hours before the end of their shift. No shift
exchange documentation shall be required for an employee being appropriately relieved
within two (2) hours of the end of their shift. Verbal communication with the immediate
supervisor is required for accountability purposes.
6.5.3 Shift and/or Kelly Day exchanges in excess of twelve (12) per calendar year require the
prior approval of the Fire Chief or designee. The employee initiating a Shift and/or Kelly
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
Page 11 of 44
Day trade shall have the trade counted towards their annual limit of twelve (12). (See
6.5.1)
6.5.4 Out of Rank Shift and/or Kelly Day Exchanges – Out of rank Shift and/or Full Kelly
Day exchanges shall be allowed provided employees have obtained prior written approval
of their immediate supervisor and the Battalion Chief. Such exchanges shall not impact the
department financially.
6.5.5 Shift Exchange Pay Back - In the event an employee is unable to work a shift exchange
for any reason (i.e., sick leave, emergency leave, bereavement leave, jury duty, witness and
military duty leave), the employee shall be responsible to “pay back” the time to the City
within ninety (90) days from the missed day. When the employee returns to work or before
the end of the pay period, they will coordinate with the Battalion Chief to schedule that
time. If they are unable to schedule a day at that time, then leave will be deducted from the
appropriate leave bank. If the employee’s absence results in the City having to pay
overtime, the employee will be required to pay back the time at the rate of 1.5 hours for
each hour owed to be deducted from the most appropriate type of leave bank accrual
corresponding to the absence. If the employee calls in sick, the hours will be deducted from
the employee’s collectively bargained sick leave. The Battalion Chief shall offer the
employee the opportunity to avoid having to pay back accrued leave by agreeing to work
where a known vacancy exists that would cause overtime. If an employee’s absence does
not result in the City paying overtime, then the employee will be permitted to pay back the
time on an hour-for-hour basis to be deducted from the most appropriate type of leave bank
accrual corresponding to the absence.
6.5.6 Multiple Party Exchanges – Full shift exchanges, partial shift exchanges and Full Kelly
Day exchanges may be entered into by multiple parties and are subject to all the provisions
of Article 6. If the Fire Chief has to become involved with multiple party exchange disputes
this section will be removed.
ARTICLE 7 OVERTIME
7.1 OVERTIME DEFINED: Overtime is all required and/or authorized work performed in excess of
an employee’s normal work schedule. Overtime includes required training, instruction,
equipment/SCBA repair, callback and other such work which is performed during an employee’s
normally scheduled off-duty time. For the purposes of this Article, Acting Officer compensation
hours will be included.
7.2 OVERTIME COMPENSATION: Overtime shall be compensated at the rate of one-and-one-half
(1-1/2) times an employee’s regular rate of pay in cash or in compensatory time. The form of
overtime compensation shall be at the choice of the employee in accordance with the terms of this
Agreement. The FLSA regular rate of pay includes longevity and other remuneration for
employment as required by law.
7.3 HOURLY RATE DEFINED – SHIFT EMPLOYEE: A shift employee’s hourly rate shall be
computed as follows: Semi-monthly wage rate multiplied by twenty-four (24) pay periods. The
result shall be divided by 2,568 hours of work for shift employees. Effective January 1, 2026, the
result shall be divided by 2,472 hours of work for shift employees.
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
Page 12 of 44
7.4 HOURLY RATE DEFINED – NON-SHIFT EMPLOYEE: A non-shift employee’s hourly rate
shall be computed as follows: Semi-monthly wage rate multiplied by twenty-four (24) pay periods.
The result shall be divided by 2,080 hours for non-shift employees.
7.5 CALL BACK OVERTIME: In the event an employee who has left the workplace is called back
per Article 7.12 to duty for a period of time which is less than two (2) hours, the employee shall
receive a minimum of two (2) hours of overtime compensation.
7.6 HOLD OVER AFTER NORMAL DUTY SHIFT: In the event an employee is held over after
the expiration of their normal duty shift, the employee shall be compensated at the overtime rate
for the actual time held over.
7.7 COURT AND/OR SUBPOENAED APPEARANCES: An employee who responds to a
subpoena or appears in Court in a case on behalf of the City on off-duty time shall be paid at their
overtime rate for all hours related to such appearances. The two (2) hour minimum referenced in
subsection 7.5 above shall apply to court or subpoenaed appearances.
7.8 ON CALL FIRE INSPECTOR: An employee who is assigned to serve as On Call Fire Inspector
shall receive ten (10) hours of compensation at their overtime rate for each seven (7) day period so
served. The form of overtime compensation shall be at the choice of the employee in accordance
with the terms of this Agreement.
7.9 LIMITATION OF COMPENSATORY TIME: A non-shift employee may accumulate up to two
hundred nine (209) hours, and a shift employee may accumulate up to two hundred and sixty four
(264) hours of compensatory time. Compensatory time shall be granted unless it is unduly
disruptive. An employee may request the Fire Chief to approve cash payment for accumulated
compensatory time. Upon approval, compensatory time shall be paid out at the employee’s regular
rate for each hour of compensatory time requested to be converted to cash and paid to the employee
the next full pay period. Compensatory time must be accrued prior to submitting a leave request
form.
7.10 COMPENSATORY TIME USAGE: Compensatory leave selections shall begin in conjunction
with vacation leave on November 1 by seniority for the following calendar year. An employee may
choose up to two compensatory leave spots with each round of vacation selections, excluding City-
recognized holidays. Compensatory time must be accrued prior to compensatory leave selections.
Once vacation selections have been completed, all compensatory leave requests submitted prior to
January 1 will go to lotto if multiple requests for the same day are submitted. After January 1, an
employee desiring to utilize accrued compensatory time shall be required to complete and file a
leave request form requesting Compensatory leave with the Shift Battalion Chief or Battalion Chief
not less than one hundred twenty hours (120) prior to the requested date(s) of usage, except for
City-recognized holidays. Employees desiring to use compensatory time on a city observed holiday
shall submit a leave request not more than fifteen (15) shifts in advance of the holiday request. On
the fifth (5th) shift prior to the holiday, a lottery will be held among the employees who have
submitted a leave request for usage of compensatory time for the holiday. It shall be understood
that no more than a full 24 hours aggregate of compensatory leave shall be permitted per shift,
regardless of the number of employees taking time that shift. Compensatory time shall be taken in
a minimum of a four (4) hour block for the first four (4) hours of compensatory time scheduled;
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
Page 13 of 44
thereafter, it shall be taken in minimum increments of one-half (1/2) hour. (EXAMPLE: One (1)
employee taking comp time for full 24-hour shift, would count the same as 3 employees, each
taking off 8 hours the same shift). Usage of compensatory time beyond the 24 hours aggregate
described above may be granted to other bargaining unit employees on the same day, unless it
would cause overtime. Except for holidays and pre-January submittals, should more than one
employee request the same time off, the employee whose form was submitted first will be granted
the compensatory time off.
If a member has a vacation slot selected for vacation, the member may use their Compensatory
time in this situation. This scenario would not affect the shift with regard to using compensatory
time.
7.11 OVERTIME WORK ASSIGNMENTS: Overtime work will be assigned to employees on the
basis of the Fire Service and Emergency Medical Service needs.
For the purposes of hiring for overtime, the following staffing levels shall be maintained as a
minimum: One (1) Battalion Chief/Acting Battalion Chief, three (3) Company Officers or Acting
Company Officers, one (1) Apparatus Operator, and three (3) Paramedics with a total of fourteen
(14) on duty each day as a minimum. Effective January 1, 2026, the minimum on duty each day
shall increase to sixteen (16).
In addition to the foregoing each shift (e.g., A shift) shall have a roster that consists of at least one
(1) Battalion Chief, one (1) Captain, two (2) Lieutenants, three (3) Paramedics, and three (3)
Apparatus Operators with the balance of the roster at the Employer’s discretion. The City shall
maintain a minimum of (3) Firefighters/Equipment Maintenance and three (3) Firefighter (S.C.B.A.
Technicians) employed within the Department.
The minimum staffing requirements of this Section are intended to cover normal operations and
shall not apply in emergency situations or when the City determines that an ongoing reduction in
force or an ongoing reduction in service is needed due to economic downturn. Any reductions to
the minimum staffing requirements due to emergency or economic circumstances must be at the
direction of the Mayor or City Council. Prior to implementation of any such reductions, the City
will meet and confer with the Union in Labor Management Committee. Reductions in force will
be in accordance with Civil Service Rule 15.
7.12 CALLBACK PROCEDURE:
7.12.1 Using the monthly staffing calendar, confirm the status (on-duty, off-duty, vacation, K-day
or Debit Day, educational leave, administrative leave, sick leave, disabilities, etc.) of all
shift members. Specifically note the number of officers, paramedics and firefighters
scheduled to work.
7.12.2 Using the minimum staffing recommendations found in 7.11 above, identify what positions
are needed to fulfill minimum staffing levels.
7.12.3 Using the staffing program, identify the employee having worked the fewest number of
overtime hours and determine if they are available and eligible to fill the needed overtime
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
Page 14 of 44
position. In the event that two (2) or more members have an equal number of cumulative
overtime hours, relative seniority position shall determine the order of eligibility.
7.12.4 The Battalion Chief/Acting Battalion Chief shall use the staffing program to contact an
employee with an offer of overtime work, and the contact shall be noted on the staffing
program, which shall be used to maintain records of calls made and responses received.
7.12.5 If overtime is needed for an officer position, and if the officer is the individual with the
lowest number of hours, hire the officer. If it is not an officer, use acting officers from the
shift and hire the employee with the least number of overtime hours that maintains
minimum staffing identified in section 7.11 above.
7.12.6 The Battalion Chief/Acting Battalion Chief has the authority to move or reassign personnel
from station to station when needed to balance the experience levels between stations. This
shall include moving regularly appointed officers in lieu of using acting officers.
7.12.7 Overtime duration in length of four (4) hours or less shall be assigned at the discretion of
the Battalion Chief or Acting Battalion Chief. The employee shall have the option of
counting or not counting any overtime with a duration of four (4) hours or less.
7.12.8 New employees shall complete one (1) year of employment with the department before
their name is added to the overtime roster. The newly eligible employee shall be placed on
the overtime roster according to the following formula (# of eligible employees X 0.75=
relative position on the overtime roster).
7.12.9 In the event no one accepts the overtime assignment, the Battalion Chief/Acting Battalion
Chief shall “force hire” whoever is at the top of the appropriate force/callback list and is
eligible to be force hired. Upon being force hired, that employee’s name shall be moved to
the bottom of the force hire list. Wherever possible, force hires shall be conducted rank for
rank. Employees may only be force-hired one (1) rank below their current rank. Hours that
are force hired shall not count toward overtime hours on the overtime roster. Employees
that are forced hired can find eligible employees to fill their position. If an employee that
is force hired works less than four (4) hours of the assignment due to finding a replacement,
they shall be returned to their original position on the force hire list. Employees on their
paid leave cycle, shift trade (including Kelly Trade)/standby cycle, Kelly day cycle, Labor
Conference/Negotiations for the Union Executive Board, or on an employee’s scheduled
educational leave time are not eligible to be force hired. A fully trained FF or FF/PM in
their first year of employment with at least 6 months of service on shift shall be allowed to
work a FF or FF/PM overtime to avoid a force-hire when there are no other FF or FF/PM
available.
7.12.10 A separate roster shall be created and maintained by the Battalion Chief’s Office of the
current “force hire” status for all eligible personnel. The list will be initially established
utilizing lowest seniority at the top of the list (last hired, first forced). Upon completion of
probation, new employees shall be placed at the top of the list. This roster shall be
maintained in perpetuity with no resetting of force hire positions. Individuals ineligible for
force hires will be removed from the force hire list until returning to a force hire-eligible
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
Page 15 of 44
position, in which they shall be placed at the top of the list. Seniority shall determine order
of returning members to the top of the list.
7.12.11 Force hire notification shall be conducted as soon as the situation appears. Force hire
situations with less than 24 hours’ notice shall be filled utilizing off-going personnel. Force
hire notifications greater than 24 hours shall be from the top of the force hire list.
7.13 CALLBACK RECORDKEEPING: All overtime hours compensated with overtime pay or
compensatory time shall be entered in the staffing program except for employees forced in and
those working Christmas, and Union officials performing Union functions in which they can only
receive FLSA “Exempt Compensatory” time. All overtime slips for shift personnel shall be routed
through the Battalion Chief office and placed in the staffing program. The overtime list will be reset
on January 1st of each calendar year.
7.14 CHRISTMAS OVERTIME: The employee shall have the option of counting or not counting the
overtime hours on the overtime staffing program. All other overtime provisions shall apply.
7.15 EMERGENCY CALL BACK: During times of natural or man-made disasters or emergencies,
the Department may feel the necessity that additional personnel are needed. In this event, the
Department will activate an “Emergency Call-Back” of personnel. All leaves and time off may be
canceled by this type of event that requires mandatory reporting for duty.
7.16 SAFETY OFFICER OVERTIME HIRING: All members shall receive Safety Officer training
through the Fire Marshal’s office. Once trained, members may work as Special Event Safety
Officers on overtime details. Overtime shall be paid at one and a half (1.5) times the employee’s
current rate of pay at a minimum of two (2) hours and a maximum of fourteen (14) hours. Any
event exceeding fourteen (14) hours will be split equitably and hired separately. Special Event
hiring will be voluntary or mandated as needed.
ARTICLE 8 VACATION LEAVE
8.1 VACATION ACCRUAL: Employee shall accrue vacation leave with pay for all regular hours
worked pursuant to the following schedule:
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
Page 16 of 44
NON-SHIFT EMPLOYEES SHIFT EMPLOYEES
Years of
Service
VL Hrs
Earned per
pay
Non-shift
employees
Annual
Accrual
Holidays
Earned
Total
VL Hrs
earned per
pay
Shift
employees
Annual
Accrual
Holidays
Earned
Total
Hire – 5
yrs.
4.375 hrs 105
hours
96 hours 201
hours
6.099
hours
146
hours
96 hours 242
hours
6th – 10th
yr.
6.166 hrs 148
hours
96 hours 244
hours
8.416
hours
202
hours
96 hours 298
hours
11th–
15th yr.
7.333 hrs 176
hours
96 ours 272
hours
10.266
hours
246
hours
96 hours 342
hours
16th–
20th yr.
8.600 hrs 206
hours
96 hours 302
hours
12.040
hours
289
hours
96 hours 385
hours
21st yrs
or >
8.917 hrs. 214
hours
96 hours 310
hours
13.000
hours
312
hours
96 hours 408
hours
Effective January 1, 2025, the annual accrual rate for lateral employees hired on or after January 1, 2020,
will include consecutive years working as a LEOFF uniformed firefighter or equivalent out-of-state
firefighter. Lateral employees are defined as employees hired from a Civil Service lateral list.
8.2 VACATION ELIGIBILITY: An employee becomes eligible to take accrued vacation leave upon
completion of six (6) months of continuous employment. In the event an employee resigns or is
discharged prior to the completion of six (6) full month of employment, any accrued vacation leave
shall be forfeited. Vacation leave must be fully accrued prior to the time an employee utilizes any
vacation leave. Hours earned during a pay period are not available to use until the following pay
period.
8.3 VACATION SCHEDULING: Annual vacation leave shall be authorized by the Fire Chief or the
Chief’s designee. Non-shift personnel shall schedule vacation leave by mutual agreement of the
employee and the Fire Chief or the Chief’s designee. Shift employees shall select their vacation
choices by seniority within shift assignment and through application of the following rules:
8.4 MINIMUM VACATION LEAVE REQUEST – SCHEDULED VACATION: Scheduled
vacation leave shall be taken in a minimum of an eight (8) hour block for the first eight (8) hours
of vacation leave scheduled; thereafter, it shall be taken in minimum increments of one-half (1/2)
hour.
8.5 MINIMUM VACATION REQUESTS – SAME DAY REQUESTS: After the 1st hour, “Same
day” vacation leave shall be recorded as actual time taken. Full shift requests shall have priority
over partial shift requests for same day vacation leave. All on-duty personnel will be notified prior
to granting same day vacation. Employees at or above the maximum vacation balance will have
first priority. If multiple employees have the maximum vacation hours, all shall be selected by
lottery. If no members are at the maximum hours, all shall be selected by lottery.
The Fire Chief can deny requests for same day vacation for the following reasons:
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
Page 17 of 44
• When the shift is at a minimum staffing level;
• FGS training, Tech Rescue training, Rescue Swimmer training, Quarterly MCO’s, and any
other training that the union and employer mutually agree to add to this list;
• For City events including but not limited to Brewfest, Armed Forces Parade, Bridge Blast, the
Blackberry Festival, and any other events that the union and the employer mutually agree to
add to this list;
• For days that consistently require heavy staffing including but not limited to July 4th, New
Year’s Eve, and any other days that the union and the employer mutually agree to add to this
list; and
• for severe weather events.
8.6 VACATION LEAVE SELECTION: Each employee may select vacation leave consisting of
seven (7) twenty-four (24) hour shifts. The random selections of shifts may only consist of one (1)
City observed holiday per round (except Thanksgiving and the day after Thanksgiving.). Two (2)
vacation slots shall be available for pre-selection for each day of the year from which selections
can be made.
8.6.1 DEBIT DAY SELECTION: After vacation leave selection, each member shall schedule
their Debit Days on a day with vacancy in their Rank that causes the shift to fall below
minimum staffing, unless no such days are available, in which case employees may select
any shift consistent with the requirements of this Article. Selection of Debit Days shall be
made by seniority. FF/EMTs and FF/Paramedics must schedule Debit Days based on their
classification. No more than one (1) Debit Day may be scheduled in any FLSA work cycle.
8.7 TIMING OF VACATION LEAVE/DEBIT DAY SELECTION: Vacation selections will begin
November 1st by seniority, for the following calendar year. The shift vacation/debit day calendar
will be finalized by December 1st.
8.8 CANCELLATION OF VACATION SELECTION BY AN EMPLOYEE: In the event a
vacation selection which has been made and approved is subsequently canceled by an employee,
the vacation selection so canceled shall be made available for selection to other employees as soon
as feasible, provided however, that the shift is not at a minimum on a same day selection. Canceled
vacation selection must not place the employee in violation of Article 8.10. All vacation
cancellations situations must be cancelled no less than 70 hours prior to the start of the scheduled
vacation leave. In no instance shall an employee take leave without pay for scheduled vacation.
The canceled vacation slot shall be selected by lottery. Employees at or above the maximum
balance will have first priority. If multiple employees have the maximum vacation hours, all shall
be selected by lottery. If no members are at the maximum hours, all shall be selected by lottery. If
an employee is at maximum hours and wins the lottery, their hours will be reduced by a
commensurate amount of hours for any additional lotteries being held at the same time.
8.9. MAXIMUM VACATION LEAVE ACCRUAL: The maximum accrual of vacation leave that
any employee shall be allowed to carry forward from one calendar year to the next is as follows:
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
Page 18 of 44
Years of Non-shift Personnel Shift Personnel
Continuous Employment Maximum Balance Maximum Balance
0 through Five (5) years 196 hours 246 hours
More than Five (5) years 276 hours 351 hours
8.10 VACATION LEAVE BALANCE GREATER THAN MAXIMUM ALLOWABLE: In the
event an employee has been prohibited from taking sufficient vacation time to reduce their vacation
balance to the maximum allowable carryover at the end of a calendar year, any hours in excess of
the maximum shall be paid out in cash at the employee’s straight time hourly rate the last pay period
in January. Employees will be required to submit a written request to the Fire Chief for vacation
pay out specifying the reason(s) for which they have been unable to take vacation leave in order to
reduce their balance to the maximum allowable carryover. An employee whose accrued vacation
leave exceeds the maximum carryover balance at the end of the calendar year because they failed
to timely request vacation leave, or waited until October 1st or later to request adequate vacation
leave to reduce their balance to the maximum allowable, shall have any excess leave scheduled by
the Chief or their designee with 72 hours advance notice, within the months of January, February
or March of the following calendar year.
8.11 SCHEDULE CHANGE BALANCE ADJUSTMENT:
8.11.1 NON-SHIFT TO SHIFT: In the event an employee’s normal hours of work are changed
from a non-shift schedule to a shift schedule, the employee’s accrued vacation hours upon
the date of change shall be increased as follows: Accrued Hours x 1.313 = Employee’s
accrued vacation hours balance.
8.11.2 SHIFT TO NON-SHIFT: In the event an employee’s normal hours of work are changed
from a shift schedule to a non-shift schedule, the employee’s vacation hours upon the date
of change shall be decreased as follows: Accrued Hours x 0.762 = Employee’s Vacation
Balance.
8.12 VACATION BUY-BACK: Upon the approval of the Fire Chief, an employee may receive cash
compensation at the employee’s straight time hourly rate for any accrued and unused vacation time.
Requests for payment shall be made in writing to the Fire Chief during the 1st half of each year
(January 1st through June 30th), and will be paid out equally (divide the numbers of hours by the
number of employees that put in for pay out) on the pay period ending July 15th.
8.13 VACATION PAY-OUT: Upon the retirement or termination of an employee who has served six
(6) continuous full months of employment or more, or upon the date of an employee’s disability
retirement, the accrued vacation leave of such employee will be paid to the employee in a cash
lump sum payment. Employees will not be able to cash out more than the max allowable carryover
from the previous year plus what was earned in the current calendar year.
8.14 Employees on leave without pay status for an entire pay period shall not accrue vacation leave.
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
Page 19 of 44
ARTICLE 9 HOLIDAYS
9.1 HOLIDAYS OBSERVED: The following holidays shall be observed by the City:
New Year’s Day Labor Day
Martin Luther King’s Birthday Veteran’s Day
President’s Day Thanksgiving Day
Memorial Day Day After Thanksgiving
Juneteenth Christmas
Independence Day
9.2 OTHER HOLIDAYS: In addition, any other holiday proclaimed by the federal or state
government, provided that the City takes official action to have such holiday also observed by the
City.
9.3 FLOATING HOLIDAY: For 2025, each non-shift employee shall be allowed one (1) additional
holiday to be observed by the employee on a day mutually agreeable to the employee and the Fire
Chief. Effective January 1, 2026, each non-shift employee shall be allowed a total of fifty (50)
hours of floating holiday to be observed by the employee on dates mutually agreeable to the
employee and the Fire Chief. The 50 hours shall be prorated for partial years on non-shift.
9.4 HOLIDAY COMPENSATION – NON-SHIFT PERSONNEL: Non-shift personnel shall
receive eight (8) hours of time off with pay for each holiday observed by the City and for a floating
holiday for each employee’s choice. If a holiday observed by the City falls on a Saturday, the
holiday will be observed on the preceding Friday. If a holiday falls on a Sunday, the holiday will
be observed on the following Monday.
9.5 HOLIDAY COMPENSATION – SHIFT PERSONNEL: Shift personnel shall receive 4 hours
added to their vacation leave accrual rate per pay period in lieu of all holidays. Accumulation and
taking time off in lieu of holidays shall be accomplished in accordance with the vacation leave
provisions set forth in Article 8.
9.6 In lieu of additional compensation for those employees scheduled to work on New Year’s Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas, the following will
apply: The City will pay 24 hours of straight time at the employee’s current pay band as listed in
Appendix A; provided that the employee is on the payroll on 10/31 of the year, and has been
working a 24 hour shift position for six (6) months during that calendar year. The 24 hours’ pay
will be paid on the pay period ending October 31st each year. New employees attending the Fire
Academy shall be considered shift employees for this benefit.
9.7 The City will pay all shift bargaining unit members an additional 24 hours of straight time at the
employee’s current pay band as listed in Appendix A paid on the pay period ending November 30th,
in lieu of a reduction in hours, subject to the same terms and conditions as outlined in section 9.6.
Article 9.7 shall sunset on December 31, 2025.
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
Page 20 of 44
ARTICLE 10 SICK LEAVE AND INDUSTRIAL DISABILITY
10.1 SICK LEAVE ACCRUAL:
10.1.1 NON-SHIFT EMPLOYEES’ COLLECTIVELY BARGAINED ACCRUAL: Non-
shift employees shall accrue sick leave time with pay at the rate of 2.1667 hours for each
regularly scheduled pay period. An employee transferred to a non-shift position any time
during their first five years of employment shall accrue 5.933 hours for each regularly
scheduled pay period. The max annual accrual of collectively bargained sick leave is
52.0008.
10.1.2 NON-SHIFT EMPLOYEES’ ACCRUAL REQUIRED BY WASHINGTON STATE
PAID SICK LEAVE LAW: Non-shift employees shall accrue sick leave time with pay
at the rate of 1.8333 hours for each regularly scheduled pay period. The max annual accrual
of Washington state paid sick leave is 43.9992.
10.1.3 SHIFT EMPLOYEES’ COLLECTIVELY BARGAINED ACCRUAL: The annual
accrual for shift personnel will be 5.3250 hours per pay period. New employees shall earn
7.3250 hours per pay period for the first five (5) years of employment while assigned to
shift work. The maximum annual accrual shall be 127.80 for employees with more than 5
years employment with the City and 175.8 for the first five years. Should a shift employee
be transferred to a non-shift position at any time during their first five years of employment,
then the employee will accrue sick leave pursuant to Section 10.1.1. Partial pay periods
will be pro-rated to the closest full hour.
10.1.4 SHIFT EMPLOYEES’ ACCRUAL REQUIRED BY WASHINGTON STATE PAID
SICK LEAVE LAW: The annual accrual for shift personnel will be 2.6750 hours per pay
period. Should a shift employee be transferred to a non-shift position at any time during
their first five years of employment, then the employee will accrue sick leave pursuant to
Section 10.1.1 and 10.1.2. Partial pay periods will be pro-rated to the closest full hour.
10.1.5 SICK LEAVE WORK PERFORMANCE BONUS (Collectively Bargained Sick
Leave Accrual Bank Only): Shift employees who accrue over 1390 hours (maximum sick
leave carry over) and non-shift employees who accrue over 1126 hours (maximum sick
leave carry over) leave may cash out 50% of the hours over 1390 (shift) and 1126 (non-
shift) for a maximum yearly cash out of 64 hours for (shift employees) and 33 hours for
(non-shift employees) and shall receive this bonus on the pay period ending January 15th.
The employees collectively bargained (not WA State required accrual) sick leave balance
will be reduced to 1390 (shift) and 1126 (non- shift). Employees transferred between shift
and non-shift assignments shall be paid at the rate applicable to the assignment in which
they spent the most days in that calendar year.
10.2 DONATIONS OF VACATION LEAVE: Donations of vacation leave permit employees to aid
any City employee who is suffering from an extraordinary or severe illness, injury, impairment,
physical or mental condition, or whose spouse or minor children (under the age of 18) are suffering
from a life-threatening injury or illness, or in the event of their death, which has caused or is likely
to cause the employee to take leave without pay or to terminate their employment prior to a
determination that the affected employee is not expected to recover to an extent that will enable the
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
Page 21 of 44
employee to resume their normal duties or the duties of another position with the City or another
employer.
10.2.1 ELIGIBILITY: An employees who (1) is suffering from an illness or injury causing their
extended leave absence from work, or whose spouse or minor children (under the age of
18) are suffering from a life threatening injury or illness, or in the event of their death, and
(2) who has depleted or will shortly deplete their total available accrued vacation, sick and
floating holiday leave, may request donations of vacation leave.
10.2.2 CRITERIA FOR APPROVAL: A request for donations of vacation leave shall be
submitted to the requesting employee’s Department Head accompanied by medical
documentation verifying the medical condition requiring the need for leave, and the time
period during which the employee can reasonably be expected to be absent from work due
to the condition. Upon verifying that the requesting employee meets all of the eligibility
requirements above and upon determining that the medical documentation received
provides appropriate verification of the medical condition and time period involved, the
Department Head will recommend the employee’s request for donations of vacation leave
be approved by the Mayor. The Mayor will review the request to assure that all of the
requirements set forth in this subsection have been met and, if so, shall approve the
employee’s request for donations of vacation leave.
10.2.3 NOTIFICATION: Upon approval by the Mayor, all City employees shall be notified of
the approved request for donation of leave.
10.2.4 CONDITIONS OF DONATION: An employee who has been employed for at least six
(6) months who desires to donate accrued vacation leave to a requesting employee will do
so as a free and voluntary act and no duress or coercion shall be placed upon an employee
to make such donation of their accrued vacation leave. Employees who are utilizing
donated leave to cover their own absences may not donate leave to another employee until
such time as they have returned to their normal schedule, and any excess donations made
to them have been returned pursuant to 10.2.6 below. An employee who desires to donate
vacation leave shall complete a Donation of Vacation Leave Form and submit it to their
Department Head. The donated vacation leave will be transferred to the requesting
employee’s sick leave balance with the next payroll report. Forms will be date stamped
and all time donated shall be in full hour increments and shall be credited to the employee
on an hour-for-hour basis. A monthly update of the condition of the employee by the
attending primary medical doctor shall be required and furnished to the Department Head.
10.2.4.1 LEAVE ACCRUED FROM DONATED LEAVE: Any leave accrued will be
used first each pay period before the balance is deducted from the donated leave.
10.2.5 USE OF DONATED VACATION LEAVE: An employee who has received donated
vacation leave will be able to use the sick leave in the same manner as if they had personally
accrued the leave, provided that the use of the sick leave is in conformance with the
provisions of this Article.
10.2.6 RETURN OF EXCESS LEAVE DONATIONS: In the event of excess donations
received but not used due to early recovery, resignation, retirement or death, all donations
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
Page 22 of 44
received but not utilized shall be returned to the donating employee(s) based on the
proportion of hours that employee donated in relation to the total hours donated by all
employees (e.g. an employee who donates 50 hours of 450 hours total donated shall be
credited with 50/450ths of the hours not utilized). Such returned leave shall be reflected in
the appropriate leave balance as soon as possible. Time donated for this purpose will not
be considered as time used during the donor’s performance rating period.
10.3 MAXIMUM SICK LEAVE CARRY OVER (COLLECTIVELY BARGAINED):
10.3.1 NON-SHIFT EMPLOYEES: Non-shift personnel shall be allowed to carry over sick
leave up to a maximum of one thousand one hundred twenty-six (1126) hours.
10.3.2 SHIFT EMPLOYEES: Shift personnel shall be allowed to carry over sick leave up to a
maximum of thirteen hundred and ninety (1390) hours.
10.4 MAXIMUM SICK LEAVE CARRY OVER (WASHINGTON STATE PAID SICK LEAVE
LAW)
10.4.1 NON-SHIFT EMPLOYEES: The maximum annual carryover shall be 40 hours. Partial
pay periods will be pro-rated to the closest full hour. Accrued leave over 40 hours will be
added the collectively bargained leave bank provided it does not put that leave bank over
the max allowed carry over.
10.4.2 SHIFT EMPLOYEES: The maximum annual carryover shall be 50 hours. Partial pay
periods will be pro-rated to the closest full hour. Partial pay periods will be pro-rated to the
closest full hour. Accrued leave over 40 hours will be added the collectively bargained
leave bank provided it does not put that leave bank over the max allowed carry over.
SCHEDULE CHANGE BALANCE ADJUSTMENT:
NON-SHIFT TO SHIFT: In the event an employee’s normal hours of work are changed
from a non-shift schedule to a shift schedule, the employee’s accrued sick hours upon the
date of change shall be increased as follows: Accrued Hours x 1.235 = Employee’s accrued
sick leave balance.
SHIFT TO NON-SHIFT: In the event an employee’s normal hours of work are changed
from a shift schedule to a non-shift schedule, the employee’s sick hours upon the date of
changed shall be decreased as follows: Accrued Hours x 0.81 = Employee’s sick leave
balance.
10.5 SICK LEAVE INCENTIVE:
10.5.1 NON-SHIFT PERSONNEL: Any non-probationary employee covered under this
Agreement who does not utilize any of their collectively bargained sick leave benefit from
January 1st through December 31st in a calendar year shall have their vacation leave balance
credited with (8) additional hours on the pay period ending January 31st.
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
Page 23 of 44
10.5.2 SHIFT EMPLOYEE: Any non-probationary shift employee covered under this
Agreement who does not utilize any of their collectively bargained sick leave benefit from
January 1st through December 31st in a calendar year shall have their vacation leave balance
credited with eleven-point two (11.2) additional hours on the pay period ending January
31st.
10.6 SICK LEAVE RETIREMENT PAYMENT: An employee who retires from City service on a
service or disability retirement shall be provided a Sick Leave Retirement Payment as follows:
10.6.1 NON-SHIFT PERSONNEL: Thirty-five percent (35%) of the employee’s accrued and
unused sick leave hours up to the maximum of 1166 hours (a maximum total of 408 hours)
will be paid to the employee at the employee’s base wage plus longevity rate in effect at
the time of retirement, which shall be contributed to the employee’s HRA. If the employee
provides at least 365 calendar days’ advance written notice of retirement, then fifty percent
(50%) of the employee’s accrued and unused sick leave hours up to the maximum of 1166
hours (a maximum total of 583 hours) will be paid to the employee at the employee’s base
wage plus longevity rate in effect at the time of retirement, which shall be contributed to
the employee’s HRA.
10.6.2 SHIFT PERSONNEL: Thirty-five (35%) of the employee’s accrued and unused sick
leave hours up to the maximum of 1440 hours (a maximum total of 504 hours) will be paid
to the employee at the employee’s base wage plus longevity rate in effect at the time of
retirement, which shall be contributed to the employee’s HRA. If the employee provides
at least 365 calendar days’ advance written notice of retirement, then fifty percent (50%)
of the employee’s accrued and unused sick leave hours up to the maximum of 1440 hours
(a maximum total of 720 hours) will be paid to the employee at the employee’s base wage
plus longevity rate in effect at the time of retirement, which shall be contributed to the
employee’s HRA.
*Note – To be eligible for the 50% retirement payout during 2026 (Articles 10.6.1 and 10.6.2), the
employee must give at least 120 days’ written notice. Retirement payouts at 50% are not available
for retirements in 2025.
10.6.3 The City agrees to allow LEOFF II members of the bargaining unit to participate in the
Washington State Council of Fire Fighters Medical Expense Reimbursement Plan (WSCFF
MERP) and contribute $75.00 per month through a payroll deduction the first (1st)
paycheck of each month. The $75.00 deduction shall be made on a pre-tax basis on behalf
of the employee to the WSCFF MERP.
10.6.4 The WSCFF MERP plan is established in accordance with applicable federal and state
regulations.
These contributions shall be included as part of salary for the purpose of calculating
retirement benefits. The City will contribute $55.00 per month to the WSCFF MERP for
each eligible LEOFF II bargaining unit member, and the employee shall contribute $75.00
for a total of $130.00. Effective January 1, 2026, the City will contribute $75.00 per month
to the WSCFF MERP for each eligible LEOFF II bargaining unit member, and the
employee shall contribute $75.00 for a total of $150.00.
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
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10.7 PAYMENT OF SICK LEAVE UPON DEATH: In the event of the death of an employee, the
employee’s estate shall be paid for the total accrued and unused sick leave hours at the employee’s
regular hourly wage rate in effect at the time of death up to a maximum of 1166 hours for a non-
shift employee, or a maximum of 1440 hours for a shift employee.
10.8 SICK LEAVE USE: Sick leave must be accrued prior to use by an employee. Hours earned during
a pay period are not available for use until the following pay period. Sick leave shall be made
available to each employee up to the amount of each employee’s accrued sick leave balance, and
shall be used in increments of no less than one-half (1/2) hour to cover an employee’s absence from
their regularly scheduled work hours due to:
10.8.1 Any absence allowed by the sick leave provisions set forth in applicable Federal or State
laws, as currently written or hereafter amended.
10.8.2 Contact Human Resources for questions related to eligibility.
10.9 NOTIFICATION OF SICK LEAVE USE: An employee who is absent or expects to be absent
from work due to causes specified in 10.8.1 above, shall provide notification to the Department as
follows:
10.9.1 ROUTINE APPOINTMENTS:
0.9.1.1 ANTICIPATED ABSENCE: An employee who schedules a routine medical,
dental or oculist appointment shall make every reasonable effort to schedule such
an appointment on their off-duty days. The employee shall give at least seventy-
two (72) hours prior notice of the date and time of the appointment to their shift
battalion chief. An employee’s battalion chief may request that the employee
reschedule routine appointments when, in the judgment of the supervisor, the
scheduled absence of the employee would unduly interfere with the operations
of the Department. The supervisor shall not unreasonably deny an employee sick
leave with pay for routine medical, dental or oculist appointments.
10.9.1.2 UNANTICIPATED ABSENCE: An employee who is absent from work or who
will be unable to report to work as scheduled due to personal illness or injury, or
for other causes specified in 10.8 above, shall promptly notify the Department by
telephone or otherwise by 0700 of the day of their on-duty shift, and must make
contact with on-duty battalion chief.
10.9.1.3 SICK LEAVE DURING AUTHORIZED PAID LEAVE: An employee who
becomes ill or is injured during the employee’s paid vacation or compensatory time
off may request the conversion of such paid leave to sick leave with pay by
promptly notifying the Department of the illness or injury at the time of the illness
or injury, or as soon as is reasonably feasible and providing such information as is
required by the Department to verify the appropriateness of such a conversion.
10.10 SICK LEAVE DOCUMENTATION AND APPROVAL: An employee who has been absent or
on sick leave shall, during their first shift back to work, be required to submit such forms and
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
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provide such information as required by the Department to approve the use of sick leave with pay
for the absence, except that documentation for Washington State Paid Sick Leave shall not be
required unless the employee is absent for more than three (3) consecutive shifts. The Department
may require an employee to demonstrate that the employee has sought treatment, taken appropriate
precautions or otherwise effected measures to correct the condition causing the employee’s
absence. The Department may require an employee to provide a Fitness for Duty certification by a
professional physician that the employee is sufficiently recovered as to be able to return to work
without posing a health hazard to the employee or to other members of the workforce. Collectively
bargained sick leave must be approved by the Department prior to payment. The Department shall
not unreasonably withhold approval of sick leave with pay from employees.
10.11 INDUSTRIAL DISABILITY LEAVE FOR LEOFF II AND REGULAR EMPLOYEES: A
regular employee who qualifies for and is included in the Washington State Retirement System
commonly referred to as “LEOFF II’, and who incurs a work-related illness or injury shall be
allowed to use accrued sick leave to supplement Workers’ Compensation benefits so as to provide
the same gross base pay the employee would have received for full time, active service. In no event
will the combination of Workers’ Compensation and employee sick leave exceed 100% of an
employee’s regular rate of pay at any time of the disability period.
10.12 SEQUENCING OF LEAVES: The use of vacation leave, compensatory time, and leave without
pay, for purposes other than qualifying use under the Washington Family Care Act, is subject to
approval by management. However, unless otherwise required by law, forms of leave shall be used
and exhausted in the following sequence:
a. Sick leave for qualifying incidents until it is exhausted.
b. Vacation leave, floating holiday, and/or compensatory time sequenced at the employee’s
option, until they are exhausted.
c. Any donated leave, if available, until it is exhausted, then
d. Leave without pay.
10.13 Employees on leave without pay status for an entire pay period shall not accrue sick leave.
ARTICLE 11 OTHER LEAVE
11.1 BEREAVEMENT LEAVE: An employee will be granted up to 48 hours of bereavement leave
annually for grieving the loss of an immediate family member or attending funerals of the
employee’s immediate family. All time off for bereavement leave in excess of 48 hours shall be
charged against an employee’s vacation/holiday, sick leave or compensatory time leave balance at
the option of the employee.
11.1.1 Immediate family shall be defined as spouse, child, mother, father, mother/father-in-law,
brother, sister, brother/sister-in-law, grandparents and grandchildren, step relations as
described herein of both the employee and the employee’s spouse.
11.2 JURY DUTY AND WITNESS DUTY: An employee shall be granted leave of absence with pay
for the purpose of reporting to jury duty or serving as a witness in a case relating to their job with
the City, except in those instances where the employee is taking action against the City. Any juror
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COLLECTIVE BARGAINING AGREEMENT
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January 1, 2025 to December 31, 2027
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or witness fees received by the employee for the performance of such duties shall be assigned to
the City.
11.2.1 CITY NOTIFICATION: Employee shall be required to notify the City immediately upon
receipt of written notification from the Court that they must report for Jury Duty or serve
as a Witness as the result of a case related to his or her employment, by submitting a Leave
Request form with a copy of the Jury Duty/Witness Notice attached. Upon telephone
confirmation by the Court to report, the employee shall immediately notify the on-duty
supervisor.
11.3 MILITARY DUTY LEAVE: An employee who presents official orders requiring their attendance
for a period of training or other active duty as a member of the United States Armed Forces or the
State National Guard shall be entitled to military leave with no loss of pay for a period not to exceed
twenty-one (21) work days annually October 1 through September 30). Authorized leave of absence
for additional or longer periods of time for assignment to duty functions shall be without pay and
shall be granted by the City. The period of service must not exceed five (5) years. During periods
of military conflict, employees are entitled up to fifteen (15) days of unpaid leave when the military
spouse has been notified of an impending call or ordered to active duty before their spouse is
deployed or while their spouse is on leave from deployment.
11.4 EMERGENCY LEAVE: In the event of an unforeseen emergency or extenuating circumstances,
which requires the absence of an employee such as closed roads/passes, airports and to extend
Bereavement leave, the employee shall notify their immediate supervisor as soon as possible. At
the employee’s discretion, such emergency leave shall be charged to unused vacation/holiday or
compensatory leave balance and the employee will document on a Leave Slip the reason for the
absence.
11.5 ADMINISTRATIVE LEAVE: Any bargaining unit employee may be placed on Administrative
Leave (leave with pay) for reasons in the best interest of the City and/or employee (e.g. to diffuse
a work-related or personal problem that has the potential for escalation if left unchecked, and/or
has a negative effect on department/division operations, and no other solution is available. The City
may require an employee on Administrative Leave to be available during their normal work
schedule.
11.6 DOMESTIC VIOLENCE LEAVE – Pursuant to State Law, Domestic Violence Leave provides
additional leave rights to employees who are victims of domestic violence, sexual assault, or
stalking, or who are family members of victims. It entitles employees to take leave to receive
medical treatment, attend legal proceedings, or address safety concerns arising out of domestic
violence, sexual assault, or stalking as outlined in City Human Resources Policy 3-20-19.
ARTICLE 12 INSURANCE BENEFITS
12.1 MEDICAL INSURANCE: The City shall make medical insurance coverage available to
employees and their dependents and provide for payment of insurance premiums as follows:
LEOFF Trust Plan B medical plan (or equivalent or better coverage).
Kaiser Permanente $20 co-pay plan (or equivalent or better coverage).
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
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The Union includes the Fire Chief, Assistant Fire Chief and LEOFF under age 65 retirees on their
application for medical coverage through the LEOFF Trust.
12.2 The City shall pay 100% of employee coverage under LEOFF Trust Plan B and Kaiser
Permanente and 90% of the cost of the premium for LEOFF Trust Plan B or Kaiser Permanente
for spouse and/or dependents coverage.
The City and the employees agree to split equally any annual premium increase over 10%. In the
event this occurs, the City’s percentage will return to 90% the following year (unless the annual
increase is over 10% again, in which case the amount above 10% will be split equally).
12.3 DENTAL INSURANCE: The City shall make the same level of benefits as are provided through
Washington Dental Service Plan F dental insurance coverage available to employees and their
dependents and provide for full payment of insurance premiums. All Co-pay amounts for all
services received shall be paid by the employee.
12.4 DISABILITY AND LIFE INSURANCE: LEOFF II: Employees will receive $50.00 per month
in lieu of any City contributions toward the cost of premiums for Short Term Disability, Long Term
Disability, and Life Insurance coverage.
12.5 INSURANCE RESERVES, REBATES AND SURPLUSES: The City agrees that premium
rebates, reserve account rebates or any other monetary returns to the employer from the insurance
providers, together with subsequent interest earnings thereon shall be used exclusively to defray
the costs of premium increases in the plan, and increase benefit levels, or other health related
purposes determined appropriate by the Insurance Benefits Committee shall be comprised of the
following members: Mayor or designee, one employee selected by the non-represented
management and professional employees, and one individual selected by each of the recognized
unions. The committee shall elect a chair and any other officers it deems appropriate.
12.6 BENEFITS WHILE ON DISABILITY LEAVE: The Employer shall provide employees on
disability leave the benefit outlined in Article 12 if they are on paid leave and the employee is paid
a minimum of seventy (70) hours per month during each month the employee is in a leave without
pay status.
12.7 HEALTH INSURANCE RE-OPENER: In the event the parties’ negotiated health insurance
provisions fail to meet requirements of the Affordable Care Act (ACA) and its related regulations,
cause the employer or covered employees to be subject to penalty, tax or fine, or offered plans are
discontinued by the insurance carrier as a result of the ACA, either the Union or the Employer may
reopen this Article, upon written notice to the other party, for the sole purpose of renegotiation of
health insurance benefits under Article 12 and its effects. If, as a result of these negotiations, the
parties agree to modify the health insurance benefits under Article 12 in order to avoid and/or
minimize penalties, taxes, fines or increased costs to meet the requirements of the ACA, the Union
reserves the right to bargain over any resulting reduction in the aggregate value of benefits in the
Agreement.
12.8 HEALTH REIMBURSEMENT ARRANGEMENT (HRA): The City will contribute the
following amounts to an HRA for employees:
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
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Employee only coverage – ($2,700 annually) $1,350.00 paid on the pay period ending January 15th
and $1,350.00 paid on the pay period ending July 15th.
Employee and dependents ($4,700.00 annually) $2,350.00 paid on the pay period ending January
15th and $2,350.00 paid on the pay period ending July 15th.
Contributions for newly hired or employees who separate from City service mid-year shall have
their contributions prorated and the amount owed back to the City shall be deducted from their final
paycheck.
The Third Party Administrator (TPA) for the Health Reimbursement Arrangement (HRA) - debit
card shall be Peak 1 Administration.
The HRA may be used for all IRS allowable expenses and shall contain the following elements:
• Individual account funds shall roll over accumulated amounts and shall include a
survivorship option.
• Employees separating from the Agency shall continue to have access to their HRA balance
(until depleted).
The City’s “Premium Holiday” savings (medical), if applicable, shall be split evenly between the
City and the Union. The Union’s share shall be divided equally among all and deposited into each
employee’s HRA account.
12.9 ADDITIONAL COST: Parties agree to negotiate any additional fees or costs that are not
articulated in this agreement.
12.10 INSURANCE OPT OUT: An employee who waives the right to obtain medical insurance coverage
through the City and who provides proof of creditable coverage through their spouse or other source
shall be entitled to receive a stipend of two hundred and fifty dollars ($250.00) per month, payable in
the amount of one hundred twenty five dollars ($125.00) per pay as permitted and subject to all State
and Federal laws and restrictions Employees shall be required to notify Human Resources, in writing,
during open enrollment, of their desire to waive medical coverage, or at any time during the year if a
qualifying event occurs which would change their status (e.g. marriage, divorce, spouse loss of job or
medical coverage).
ARTICLE 13 CLOTHING AND UNIFORM CLEANING ALLOWANCE
13.1 PURCHASE OF UNIFORMS: The City shall purchase new and replacement uniforms required
by the Fire Department regulations for each employee. Employees shall abide by such rules and
regulations as are established by the Department in selecting and obtaining their uniforms. All
uniforms paid for by the Fire Department remain the property of the City.
13.2 CLOTHING ALLOWANCE: Each employee who is required to wear a uniform pursuant to Fire
Department regulations shall receive a clothing allowance of two hundred fifty dollars ($250.00)
per year for clothing maintenance. The allowance shall be paid on the second pay day in February.
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
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An employee hired subsequent to the first of the year shall receive a pro-rata clothing allowance
payment. In the event that the City secures a cleaning contract with an independent cleaning
company, no clothing allowance will be paid to employees. Article 13.2 shall sunset on December
31, 2025.
ARTICLE 14 PERSONNEL PRACTICES
14.1 DEFINITIONS: For the purpose of interpreting the provisions of this Agreement, the following
definitions shall apply:
14.1.1 PROBATIONARY EMPLOYEE: Recruit level employees shall be subject to a
probationary period of eighteen (18) calendar months of continuous employment,
commencing with the date of hire. Recruit level employees may be subject to a training
period extension up to, but not greater than twenty-four (24) months for unanticipated
delays. Lateral entry employees shall be subject to a probationary period of twelve (12)
calendar months of continuous employment, commencing with the date of hire, unless an
extension is needed to attend the Training Academy in which case probation will be
extended by the length of the Academy. During this time the employee may be discharged
at the sole discretion of the City, consistent with applicable Civil Service Rules and
Regulations and without recourse to the grievance procedure. Should an employee be
absent from work for more than forty-five (45) consecutive days, then the employee’s
probationary period shall be extended by an equal amount of time. Such extension of time
shall also include all periods of light duty wherein the employee is unable to perform all of
the essential duties of the job.
14.1.2 PROMOTIONAL PROBATION: A 12-month probationary period commencing upon
the initial date of a regular promotional appointment. A promoted employee who is unable
to perform the duties of the higher-level position to which they have been promoted during
the probationary period, shall be returned to their previous classification held at the time
of promotional appointment at the sole discretion of the City, consistent with applicable
Civil Service Rules and Regulations, and without recourse to the grievance procedure.
Should an employee be absent from work for more than ninety (90) consecutive days due
to an illness/injury or FMLA leave, then the employee’s probationary period shall be
extended by an equal amount of time. Such time shall include all periods of light duty
wherein the employee is unable to perform all of the essential duties of the job.
14.1.3 LEOFF II EMPLOYEE: An employee who qualifies for and is a member of the
Washington State Retirement System commonly known as “LEOFF II”.
14.1.4 NON-SHIFT EMPLOYEE: An employee who is normally assigned to work forty (40)
hours per week within a Monday through Friday workweek.
14.1.5 SHIFT EMPLOYEE: An employee who is normally assigned to work on a 24-hour shift
scheduled basis.
14.1.6 CYCLE: The consecutive calendar day period during which an employee is not scheduled
to be on duty as the result of an assigned work schedule including a scheduled Kelly Day,
approved paid leave and/or shift trade.
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
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14.1.7 SENIORITY: The Fire Department shall establish a seniority list of all employees in the
bargaining unit and shall update the list on January 1 of each year. The list shall be posted
on bulletin boards in all stations. All longevity wage placements and vacation selections
shall be governed by the current seniority list. Any objections to the list as posted shall be
reported to the Fire Department administration and such corrections as are appropriate shall
be made and a corrected list shall be re-posted at all stations.
14.1.8 COLLECTIVELY BARGAINED SICK LEAVE: Collectively bargained sick leave is
a separate leave bank from Washington State required sick leave accruals. It is sick leave
accrual that is above and beyond that which is required by the Washington State Paid Sick
Leave Law. The employer/employee restrictions that apply to Washington State Paid Sick
Leave Law do not apply to this leave bank unless otherwise required by law.
14.2 REDUCTIONS AND VACANCIES: All reductions in force and filling of Civil Service vacancies
(those requiring Civil Service testing) shall be handled in accordance with existing Civil Service
Rules and Regulations and shall not be subject to the grievance procedure.
14.2.1 Any member adversely affected (displaced or reduced in rank) by the exercise of reductions
outlined in Civil Service Rules will retain their eligibility for their presently appointed rank
and title without being required to reapply or reengage in the promotional examination
process for their formerly/previously held position.
14.2.2 In the event that a reduction in force results in the need for a redistribution of employees
from superior ranks to lesser ranks, such reduction in ranks shall be accomplished by
reducing in rank those employees with the least tenure in the affected rank counting from
the employee’s date of promotion.
14.2.3 The Human Resources Manager shall prepare and maintain a list, known as a
“Reemployment List,” of all persons who are reduced in rank or laid off, by rank or
classification. In the event that vacancies occur within the Department while persons
remain on the Reemployment List, the order of recall shall be determined by reference to
the Reemployment List. The Reemployment List shall be used to offer employment
opportunities that may become available by seniority to all persons who have been reduced
or laid off, before any employees are promoted from one rank to another or any persons
are hired to become new employees of the Fire Department. No person shall be hired or
promoted into any rank or classification until the Reemployment List has been exhausted.
14.3 EVALUATIONS:
14.3.1 NEW EMPLOYEES: Written monthly evaluations shall be completed on each new
employee hired by the Department during their probationary period. The purpose of the
evaluation will be to identify an employee’s progress and/or areas of deficiency in
performing job functions.
14.3.2 PROMOTED EMPLOYEES: Employees on promotional probation will be evaluated
quarterly. An employee on promotional probation shall be provided not less than thirty (30)
days written notice to correct deficiencies prior to reducing the employee to their previous
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
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classification. An employee on promotional probation who is demoted due to their inability
to perform the essential duties and functions of the position, shall have displacement rights
under Civil Service Layoff and Reduction rules; provided, however, the employee shall
have the right to return to their former class regardless of whether or not a vacancy exists.
Provided further, however, nothing in this section prohibits the City from terminating or
demoting an employee on promotional probation for good cause in conformance with Civil
Service Rules.
14.4 CAREER COUNSELING: An employee who is not selected for a promotional appointment from
an eligible register may request career development counseling from the appointing authority for
the purpose of their recommending steps the employee may take to improve their qualifications
and skills for future promotional opportunities.
14.5 RIGHTS AND PRIVILEGES: All current policies and practices concerning computation and
payment of pay, allowances and benefits; or the application of contract provisions enumerated
herein shall continue in force and effect during the life of this Agreement. Should the City wish to
make any change with respect to such practices during the life of this Agreement, it shall first notify
the Union of the desired change and afford the Union an opportunity to meet and discuss such
change.
14.6 PARAMEDIC/FIREFIGHTER CERTIFICATION REQUIREMENT: An employee who is
hired as a Paramedic/Firefighter shall be required to maintain their Paramedic Certification as a
condition of continued employment. Upon completion of six (6) full years of employment as a
Paramedic/Firefighter, except for promotions and special assignments in which the six (6) year
requirement shall not apply, an employee shall become eligible for transition to a vacant Firefighter
position. Upon completion of five (5) full years of employment as a Paramedic/Firefighter, an
employee may present the Fire Chief with a request to be transitioned from a Paramedic/Firefighter
position to a vacant Firefighter position at the earliest opportunity. The Fire Chief responds to
requests to transition vacant Firefighter positions on the basis of seniority of continuous service
with the Bremerton Fire Department among all requesting Paramedic/Firefighters. An employee
transitioned to a vacant Firefighter position shall have their pay rate set at a Firefighter pay rate as
of the effective date of the transfer. This section shall not apply to Special Assignments to
Equipment Maintenance, SCBA, Fire Prevention or any other Special Assignments that may be
added from time to time at the Chief’s sole discretion based upon the needs of the department.
14.6.1 FIREFIGHTER/PARAMEDIC TRAINEE PROGRAM: The intent of the Trainee
program is to train and retain qualified Paramedics. At no time shall a candidate who
already possesses a Washington State Paramedic Certification be hired as a Trainee.
14.6.2 New hires may be in the trainee program for a period not to exceed six (6) months.
14.6.3 Firefighter/Paramedic Trainees shall be compensated at FF/PM step 1, reflected in
Appendix A.
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
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14.6.4 To be eligible for the trainee program the incumbent must meet the requirements of an
“Entry-Level” Firefighter as listed in the current Classification Specification, be
enrolled in a recognized and accredited paramedic program, and not currently
employed as a Bremerton Firefighter.
14.6.5 Trainees are not part of minimum staffing.
14.7 PARAMEDIC PAY/STEP INCREASES: A Fire fighter who transitions to Fire
Fighter/Paramedic during their first five (5) years of employment with the Bremerton Fire
Department shall be eligible to receive annual step increases based on the employee’s anniversary
date as a Fire fighter. The transitional employee shall be eligible for Fire Fighter/Paramedic wages
when authorized by the Medical Program Director to practice as a solo Paramedic.
14.8 PARAMEDIC CERTIFICATION FOR COMPANY OFFICER: This is to address Company
Officers who wish to maintain their Paramedic Certifications.
14.8.1 The City will pay for the maintenance of their Washington State Paramedic Certification.
14.8.2 Company Officer/Paramedics shall not be used to supplant daily ALS staffing.
14.8.3 Both parties reserve the right to cancel this program with a minimum of thirty-day notice.
14.8.4 Personnel promoted to the position of Company Officer who retain their Paramedic
certification shall be allowed to work overtime shifts as Paramedics.
14.8.5 The City agrees that hiring and staffing full time Paramedic/Firefighters is the priority
averse to Company Officers who retain their Paramedic certification supplanting ALS
staffing.
14.9 Employees are expected to maintain their required EMS Certification. Employees who fail to
complete the training required to maintain their certification, and lose it, will be placed on unpaid
administrative leave until they are recertified.
ARTICLE 15 PROMOTIONAL EXAMS
15.1 PROMOTIONAL EXAMINATIONS: The Civil Service Rules shall apply to the
conduct of promotional examinations in all respects and shall be administered under the
control of the Civil Service Officer, including the posting of the examination
announcement and bibliography, the determination as to whether or not an employee is
qualified to participate in the examination process and the acceptance of applications on or
before the posted closing date. Any portion of such Rules which are in conflict with the
provisions of this subsection shall be handled in conformance with the following sections.
15.2 MAINTENANCE OF ELIGIBLE REGISTERS: Eligible registers for Fire Lieutenant,
Fire Station Captain, and Fire Battalion Chief shall be maintained by the Civil Service
Officer on a continuous basis irrespective of available vacancies. Testing for the positions
of Medical Officer and Fire Marshal shall be conducted only when a position becomes
available.
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
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15.3 In the event that a grievance is filed prior to any portion of examination(s) regarding a non-
Civil Service issue, then the Civil Service Officer may postpone the testing until such time
as the grievance has been resolved.
15.4 CRITERIA FOR OPEN EXAMINATIONS: Open promotional examinations shall only
be administered to qualified bargaining unit members who have submitted the required
application paperwork on or before the posted closing date. However, when less than three
(3) applications are received from qualified bargaining unit members, the examination may
be announced and administered to external candidates as well. In the event that a grievance
is filed prior to any portion of the examination(s) regarding a non-Civil Service issue, then
the Civil Service Officer may postpone the testing until such time as the grievance has been
resolved.
15.5 If a minimum of three (3) names, depending on the register used, are not available for
certification at the time the Department Head makes a request for certification in
accordance with Civil service Rules 11.03 and 11.05, they may request in writing to the
Civil Service Officer the creation of a new eligible register.
15.5.1 Eligibility for Lieutenant’s examination – Firefighters shall complete five (5)
years with the Bremerton Fire Department, or four (4) years with the Bremerton
Fire Department if hired as an experienced (lateral-entry) firefighter, and
successfully completed Incident Safety Officer and Fire Instructor I certifications
as of the posted closing date in order to be eligible to take the Lieutenant’s
examination.
15.5.2 Eligibility for Fire Station Captain’s examination - An applicant shall complete
one (1) year as a Fire Lieutenant with the Bremerton Fire Department as of the
posted closing date in order to be eligible to take the Fire Station Captain’s
examination.
15.5.3 Eligibility for Fire Battalion Chief’s examination – A Company Officer shall
complete four (4) years as a company officer with the Bremerton Fire Department
as of the posted closing date in order to be eligible to take the Fire Battalion Chief’s
examination.
15.6 CRITERIA FOR EXAMINATION CONTENT:
Promotional examinations shall be conducted as an Assessment Center, with evaluators
under the direction of Civil Service. Study materials for the Assessment Center will be
maintained in a separate file on the Department’s R drive. Promotional exams shall contain
independent sections testing the following content, each worth the corresponding number
of points, to total a possible score of 100. For Battalion Chief and Captain examinations,
the following points will be used:
• Personnel issue or citizen complaint (up to 20 points)
• Tactical scenario pertinent to the position (up to 50 points)
• Oral interview and written resume review (up to 30 points)
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
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For Lieutenant examinations, the following points will be used:
• Personnel issue or citizen complaint (up to 20 points)
• Tactical scenario pertinent to the position (up to 40 points)
• Oral interview and written resume review (up to 40 points)
The parties agree to continue working on the Officer Development Academy (ODA) to use
for the Lieutenant’s promotional testing in 2027.
15.7 EXAMINATION SCORING: An applicant’s performance on the promotional
examination shall be scored as follows:
15.7.1 Experience Rating: Maximum of Five (5) Points - Each applicant shall receive
0.5 (1/2) point for each full two (2) years of employment with the Bremerton Fire
Department, based upon the date the examination is announced, up to a maximum
of five (5) points. These points will only be added for those candidates that attain
an overall score of seventy percent (70%) or greater.
15.7.2 Total Score – An applicant’s total score shall be the sum of points earned from
each section of the assessment center plus their experience points.
15.7.3 Minimum Score - An applicant must achieve a total score of seventy percent
(70%) or more to be placed on the eligible register for the position.
15.7.4 All offers, acceptances and declinations of employment for promotional positions
shall only be made in writing.
15.7.5 During the life of this Agreement, the parties shall meet in a labor management
forum to discuss the above language covering promotions.
15.8 TRANSITION FROM FIREFIGHTER TO FIREFIGHTER/PARAMEDIC: A Firefighter
may transition to Firefighter/Paramedic (F.F./P.M.) under the following conditions:
15.8.1 The Employee must successfully complete a Paramedic training program approved by the
Fire Chief.
15.8.2 The employees must have a Paramedic certificate approved by the Kitsap County Medical
Program Director.
15.8.3 The Fire Chief must approve the transition.
15.8.4 The transition shall take effect on the first day of the pay period after satisfying the above
conditions. For transitions to F.F./P.M, the employee’s step increase date will be changed
to the effective date of the transition.
15.9 TRANSITION TO FIREFIGHTER/PARAMEDIC: A non-probationary Firefighter who
transitions to Firefighter/Paramedic shall remain in the Firefighter/Paramedic classification for no
less than four (4) years, except for promotional opportunities and/or assignments. Should an
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
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employee fail to retain their Paramedic certification, they shall be downgraded to the Firefighter
classification.
ARTICLE 16 GRIEVANCE PROCEDURE:
16.1 GRIEVANCE: A grievance is an alleged violation of the express terms and conditions of this
Agreement which is to be resolved through this Grievance Procedure. The purpose of this article is
to provide an orderly process for the resolution of such grievances.
16.2 UNFAIR LABOR PRACTICE: An Unfair Labor Practice charge is an alleged violation of the
Washington State statutes governing public employment labor relations, which is to be resolved
through the Public Employment Relation Commission’s (PERC) rules and regulations and is not
resolvable through the Grievance Procedure.
16.3 MEMBER RIGHTS/UNION RIGHTS: Individual members shall have the right to present their
grievance to the employer with or without intervention from the union. All adjustments and/or
remedies must be consistent with the terms of this agreement. The union shall be allowed to be
present at all grievance proceedings. The union has the right, in its own capacity, to act as the
aggrieved party. Only the union’s executive board shall have the right to request grievance
arbitration as identified in step five of this grievance process.
16.4 GRIEVANCE PROCESS:
STEP 1: A member who believes the terms and conditions of this Agreement have been violated
shall first discuss the action giving rise to the belief with their immediate supervisor
within fourteen (14) calendar days of the date upon which the member could reasonably
have been expected to know of such action. The member shall advise the supervisor the
section (or sections) of this Agreement, which is alleged to have been violated, an
explanation of the grievance, and the remedy sought. The member shall have the right
to be assisted by an authorized Union representative if so requested, during this
discussion. In all cases, the member shall notify the union in writing of the alleged
grievance as well as the time, date and location of any and all grievance proceedings.
STEP 2: In the event that the member’s immediate supervisor does not resolve the grievance to
the satisfaction of the member at Step 1 of this procedure, the member shall reduce the
grievance to writing and shall state: the section (or sections) of this Agreement which
is alleged to have been violated; an explanation of the grievance in detail, including
dates, actions and such other information necessary to a full investigation of the facts
and circumstances giving rise to the grievance; and the remedy sought. The member
shall have the right to be assisted by an authorized Union representative in reducing
their grievance to writing. The member shall present the written grievance to the
Assistant Fire Chief within fourteen (14) calendar days of the date of the member met
with their immediate supervisor. The Assistant Fire Chief shall meet with the member
and the member’s Union representative within fourteen (14) calendar days after the
receipt of the written grievance for the purpose of considering the matter. The Assistant
Fire Chief shall reduce their decision to writing and shall transmit the decision to the
member and to one of the principal officers by email, with a copy to the Union
representative within fourteen (14) calendar days of meeting with the employee and the
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
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Union representative. The grievance will automatically advance to the next step in the
process if the City’s representative does not respond within the required time limits.
STEP 3: In the event that the Assistant Fire Chief does not resolve the grievance to the
satisfaction of the member at Step 2 of this procedure, the member shall present the
written grievance to the Fire Chief within fourteen (14) calendar days of the Step 2
response. The Fire Chief shall meet with the member and the member’s Union
representative within fourteen (14) calendar days after the receipt of the written
grievance for the purpose of considering the matter. The Fire Chief shall reduce their
decision to writing and shall transmit the decision to the member and to one of the
principal officers by email, with a copy to the Union representative within fourteen (14)
calendar days of meeting with the employee and the Union representative. The
grievance will automatically advance to the next step in the process if the City’s
representative does not respond within the required time limits.
STEP 4: In the event that the Fire Chief does not resolve the grievance to the satisfaction of the
member at Step 3 of this procedure, the Union shall, on behalf of the member, transmit
a copy of the original grievance along with a copy of the Fire Chief’s written response
to the Human Resources Manager and the Mayor within fourteen (14) calendar days of
receipt of the Fire Chief’s written response. The Human Resources Manager shall
consider the grievance and may convene a meeting with the appropriate member of the
Union executive board in an attempt to resolve the grievance. The Human Resources
Manager shall reduce their decision to writing within fourteen (14) calendar days of
receipt of the grievance and transmit the decision to the Union.
STEP 5: In the event that the Human Resources Manager does not resolve the grievance at Step
4 of this procedure, the Union may request arbitration of the issue by written notification
to the Human Resources Manager. The Human Resources Manager and the Union or
their representatives shall meet within fourteen (14) calendar days of the date upon
which the Human Resources Manager rendered their written decision on the grievance
and shall select a neutral arbitrator by mutual agreement or petition the Federal
Mediation and Conciliation Services (FMCS) for a list of nine (9) arbitrators who are
residents of the northwest (Washington and Oregon).
16.5 GRIEVANCES FOR SUSPENSION, DISCHARGE, AND/OR UNION BOARD-
ORIGINATED GRIEVANCES: In the case of suspension, discharge, and/or a Union Board-
originated grievance, Step One (1) of the grievance procedure shall be waived and the grievance
shall proceed to Step Two (2) with the Assistant Fire Chief.
16.6 POWERS AND DUTIES OF THE ARBITRATOR: It shall be the duty of the arbitrator to
conduct a hearing on the issue or issues submitted by the parties for decision. The hearing shall be
kept informal and private. The arbitrator shall interpret the provisions of this Agreement as they
apply to the issue or issues submitted for decision, and shall not add to, subtract from or in any
other way alter or recommend the alteration of the terms and conditions of the agreement in
deciding the matter. As soon as is practicable after conducting the hearing, the arbitrator shall
render a written decision which shall be binding upon the parties.
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
Page 37 of 44
16.7 COSTS OF ARBITRATION: The expenses of the neutral arbitrator shall be borne equally by the
parties. Each party shall singly bear all costs related to preparing and presenting its own case before
the arbitrator, including costs of witnesses and attorney’s fees. The party desiring a record of the
proceedings shall bear the cost of obtaining such record.
16.8 TIME LIMITS: Time limits established in this procedure shall be strictly adhered to, but may be
waived by mutual agreement of the Union and the City. All procedures contained herein shall be
complied with as expeditiously as practicable.
ARTICLE 17 REGIONAL FIRE AUTHORITY
The City agrees that it will give advance notice and provide the opportunity for the Union to
participate in talks of any annexation, consolidation, merger, or participation in a Regional Fire
Authority when proposed or considered.
ARTICLE 18 DRUG FREE WORKPLACE
18.1 The maintenance of a drug-free workplace is essential to the safety and welfare of City employees
and the citizens of Bremerton. The following provisions shall apply to employees covered by this
Agreement.
18.2 The unlawful manufacturing, distributing, dispensing, processing, or using of a controlled
substance of alcohol in the workplace is prohibited. Reporting to work under the influence of a
controlled substance or alcohol is prohibited.
18.3 As a condition of employment, all employees must notify the Fire Chief or designee of any criminal
drug statute conviction for a violation occurring in the workplace no later than five (5) days after
such a conviction.
18.4 It is the responsibility of every employee to be aware of the above provisions and to abide by them.
Failure to observe these provisions could result in immediate disciplinary action against the
employee, up to and including termination. The employee may be required to participate
satisfactorily in an alcohol or drug abuse assistance or rehabilitation program.
18.5 All employees will be fully informed of the drug and alcohol-testing article. Employees will be
provided with information concerning the impact of the use of alcohol and drugs on job
performance. Supervisors will receive training in recognition of signs and systems of substance
abuse. In addition, the City will inform the employees on how the tests are conducted, what the test
can determine and the consequence of testing positive for drug use. All newly hired employees will
be provided with this information on their initial date of hire, or as soon thereafter as possible. No
employee will be tested before this information is provided to them. An employee may voluntarily
enter rehabilitation without a requirement or prior testing. Employees who voluntarily come
forward and ask for assistance to deal with a drug or alcohol problem will not be disciplined by the
City for doing so. No disciplinary action will be taken against an employee unless he/she refuses
the opportunity for rehabilitation, fails to complete a rehabilitation program successfully, or again
tests positive for drugs within two (2) years of completing an appropriate rehabilitation program,
or as otherwise provided in this article.
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
Page 38 of 44
18.5.1 Drugs will be defined as narcotics, depressants, stimulants, hallucinogens, cannabis and
alcohol, or substances whose dissemination is regulated by law or this article. With respect
to over-the-counter drugs and/or drugs that require a prescription or other written approval
from a licensed officer or dentist of their use, it is the responsibility of the employee to
review cautionary warnings for potential side effects and inquire of the issuing medical
authority as to the potential impact of the drug to impair one’s ability to work safely and
effectively. Each employee is expected to inform his supervisor of such circumstances if
there is reasonable cause to believe there will be impairment.
18.5.2 Employees will not be subjected to random medical testing involving urine or blood
analysis or other similar or related tests for the purpose of discovering possible drug or
alcohol abuse. However, if objective evidence exists establishing reasonable cause to
believe an employee’s work performance is impaired due to drug or alcohol abuse, the City
will require the employee to undergo a medical test consistent with the conditions as set
forth in this article. Indications of impaired behavior or a substance abuse problem will
include, but are not limited to, the odor of alcohol on the breath, dilated or constricted
pupils, accident pattern, abnormal behavior or performance for that specific employee.
18.5.3 The collection of the samples will be performed by a laboratory and/or by a health care
professional qualified to administer and determine the meaning of any test results. The
laboratory performing the test will be one that is certified by the Substance Abuse and
Mental Health Services Administration (SAMHSA). The laboratory used will also be one
whose procedures are periodically tested by SAMHSA where they analyze unknown
samples sent to an independent party. The results of employee tests will be made available
to the designated Medical Review Officer. The employee will not consume any food or
liquids until after the sample is taken.
18.5.4 Collection of blood or urine samples will be conducted in a manner which provides the
highest degree of security for the sample and free from adulteration. Recognized strict
chain of custody procedures must be followed for all samples as set by SAMHSA.
18.5.5 Blood or urine samples will be submitted per SAMHSA standards. Employees have the
right to seek consultation with Union or legal counsel representative prior to submission of
the sample, provided it does not unduly delay the process. Employees will not be witnessed
while submitting a urine specimen.
18.5.6 Prior to submitting a urine or blood sample, the employee will be required to sign a consent
and release form. An employee who refuses to submit to discovery testing will be subject
to disciplinary action up to and including discharge for the purpose of administering this
article.
18.5.7 All samples must be stored in a scientifically acceptable preserved manner consistent with
SAMHSA standards.
18.5.8 The laboratory will test for only the substance and within the limits as follows for the initial
and confirmation test as provided within SAMHSA standards. The initial test will use an
immunoassay, which meets the requirements of the Food and Drug Administration for
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
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commercial distribution. The following initial cutoff levels will be used when screening
specimens to determine whether they are negative for those five drugs or classes of drugs:
(a) The laboratory must use the cutoff concentrations displayed in the following table for
initial and confirmatory drug tests. All cutoff concentrations are expressed in
nanograms per milliliter (ng/mL).
Initial test analyte Initial test cutoff
concentration
Confirmatory test
analyte
Confirmatory test
cutoff concentration
Marijuana metabolites 50 ng/mL THCA 1 15 ng/mL
Cocaine metabolites 150 ng/mL Benzoylecgonine 100 ng/mL
Opiate metabolites
Codeine/Morphine 2000 ng/mL Codeine 2000 ng/mL
Morphine 2000 ng/mL
6-Acetylmorphine 10 ng/mL 6-Acetylmorphine 10 ng/mL
Phencyclidine 25 ng/mL Phencyclidine 25 ng/mL
Amphetamines 3
AMP/MAMP 4 500 ng/mL Amphetamine 250 ng/mL
Methamphetamine 5 250 ng/mL
MDMA 6 500 ng/mL MDMA 250 ng/mL
MDA 7 250 ng/mL
MDEA 8 250 ng/mL
1 = Delta-9-tetrahydrocannabinal-9-carboxylic acid (THCA).
2 = Morphine is the target analyte for codeine/morphine testing.
3 = Either a single initial test kit or multiple initial test kits may be used provided the single test kit detects
each target analyte independently at the specific cutoff.
4 = Methamphetamine is the target analyte for amphetamine/methamphetamine testing.
5 = To be reported positive for methamphetamine, a specimen must also contain amphetamine at a
concentration equal to or greater than 100 ng/mL.
6 = Methylenedioxymethamphetamine (MDMA).
7 = Methylenedioxyamphetamine (MDA).
8 = Methylenedioxymethamphetamines (MDEA).
(b) On an initial drug test, you must report a result below the cutoff concentration as
negative. If the result is at or above the cutoff concentration, you must conduct a
confirmation test.
(c) On a confirmation drug test, you must report a result below the cutoff concentration
as negative and a result at or above the cutoff concentration as confirmed positive.
(d) You must report quantitative values for morphine and codeine at 15,000 ng/mL or
above.
If confirmatory testing results are negative, all samples will be destroyed, and records of
the testing expunged from the employee’s file.
18.5.9 Reporting for work with any measurable amount of alcohol in the bloodstream (i.e. a blood
alcohol level of .04 or higher) will be a basis for disciplinary action. A blood alcohol test
will be performed by a qualified laboratory to determine the amount of alcohol in the
bloodstream.
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
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If such alcohol testing results are negative, all samples will be destroyed and records of the
testing expunged from the employee’s file.
18.5.10 The Medical Review Officer will be employed by the collection facility and must be a
licensed physician with knowledge of substance abuse disorders. The Medical Officer will
be familiar with the characteristics of tests (sensitivity, specificity, and predictive value),
the laboratories running the tests and the medical conditions and work exposure of the
employees.
The role of the Medical Review Officer will be to review and interpret the positive test
results. He or she must examine alternate medical explanations for any positive test results.
This action will include conducting a medical interview with the affected employee, review
of the employee’s medical history and review of any other relevant biomedical factors.
The Medical Review Officer must review all medical records made available to the tested
employee when a confirmed positive test could have resulted from legally prescribed
medication.
18.5.11 The laboratory will advise only the employee and the Medical Review Officer of any
positive results. The results of a positive drug or alcohol test can only be released to
designated Human Resources staff by the Medical Review Officer once he or she has
completed her or his review and analysis of the laboratory’s test.
18.5.12 The parties recognize that an employee has the obligation not to place him/herself in a
situation where the ability to perform his/her job is impaired by drugs or alcohol. In the
event an employee fails to fulfill his/her obligations, it is the responsibility of the City to
remove such employee from the work environment to prevent the endangerment of the
employee, fellow employees and/or the public.
18.5.13 Any regular employee who tests positive for drugs may be subject to disciplinary action up
to and including termination, depending upon the circumstances of the situation.
Circumstances that would warrant termination include incidents where the employee’s
impairment resulted in loss of life, serious injury to self or others, or the serious loss or
damage of property.
In cases where discipline is not warranted, the employee involved who tests positive for
drugs or alcohol may be placed in a rehabilitation status where the employee may utilize
accrued paid leave or donated leave. In this case the employee will be evaluated by a
licensed drug/alcohol evaluator, not employed by the City. Participation by the employee
in the approved treatment program is mandatory. Once the intensive part of the program
has been completed, the employee may be returned to his/her regular duty assignment, but
only with a written release from the Medical Review Officer. Employees who complete a
rehabilitation program may be re-tested randomly a maximum of four (4) times a year for
the following two (2) years.
18.5.14 Employees who enter and successfully complete a rehabilitation program on their own
initiative may not be subjected to re-testing, except as provided in this section. The
treatment and rehabilitation will be paid for by the City only to the extent that coverage
may be provided by the employee’s medical insurance program through the City.
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
Page 41 of 44
Employees will be allowed to use their accrued, earned and donated leave for the necessary
time off involved in the rehabilitation program. Upon completion of the program, the
employee will be subject to one (1) random test during the following twelve (12) months.
18.5.15 Periodic progress reports from the attending health care practitioner will be provided to the
City stating the prognosis of when the employees should be able to return to his/her regular
duty assignment.
18.5.16 If an employee tests positive during the two (2) year period following the rehabilitation
program, the employee will be re-evaluated by a licensed drug or alcohol counselor to
determine if the employee requires additional counseling and/or treatment. The employee
will be solely responsible for any costs not covered by insurance, which arise from this
additional counseling or treatment. This section does not apply to employees in
rehabilitation programs.
18.5.17 Once an employee successfully completes rehabilitation, he or she will be returned to
his/her regular duty assignment.
18.5.18 A regular employee has the right to challenge the results of the drug or alcohol tests and
any discipline imposed in the same manner that he/she may grieve or appeal any other City
action.
18.5.19 The parties recognize that during the life of this Agreement, there may be improvements
in the technology of the testing procedure, which provide more accurate testing. In that
event, the parties will bargain in good faith whether to amend this procedure to include
such improvements. If the parties are unable to agree on the amendments, they will be
submitted to impasse procedures as outlined in RCW 41.56.
18.5.20 This Article is in no way intended to supersede or waive any constitutional or other rights
that the employee may be entitled to or legal obligations that the City may have under
federal, state or local statutes.
18.5.21 The drug-testing program was solely initiated at the request of the City. The Union will be
held harmless and indemnified, including the cost of attorney’s fees, for the violation of
any employee’s rights by the City arising from the administration of this testing process.
18.5.22 The City is committed to supporting employees undergoing treatment and rehabilitation
for alcohol or other chemical dependency. The City will provide information to employees
on available drug/alcohol abuse assistance or rehabilitation programs.
18.5.23 The confidentiality of all complaints and reported violations of the provisions of this policy
will be strictly maintained, except as required by public disclosure laws or court orders.
ARTICLE 19 LABOR MANAGEMENT COMMITTEE
19.1 LABOR MANAGEMENT: The Employer and the Union agree that a need exists for closer
cooperation between labor and management. To accomplish this objective, the Employer and the
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
Page 42 of 44
Union agree that no more than three (3) duly authorized representatives of the Union shall function
as one-half (1/2) of a Labor-Management Committee, the other half being no more than (3) certain
representative of the Employer named for that purpose. The Committee shall meet as necessary or
at the request of either party for the purpose of discussing and facilitating the resolution of all
problems which may arise.
19.2 MEMORANDUMS OF UNDERSTANDING (MOUS) – Memorandums of Understanding
signed and enacted during the term of this Agreement will be signed and distributed to both parties.
An original and electronic copy will be retained by the Human Resources Manager until such time
the language becomes incorporated into a successor agreement.
19.3 MULTIJURISDICTIONAL TRAINING: In the event that multi-jurisdictional training is
scheduled on a Saturday, the Chief or Assistant Chief shall, as soon as practicable 1) communicate
to the Union in writing, a non-arbitrary necessity for the training and 2) communicate to the Union,
in writing, a non-arbitrary necessity for the training on a Saturday (as opposed to any other day).
19.3.1 The determination of the department on items 1) and 2) above shall be subject to the
grievance procedure of the CBA.
19.3.2 While such multi-jurisdictional training may increase the productivity hours for that event,
it is not the intent of this agreement to increase productivity hours as a matter of general
policy.
19.4 COMMUNITY PARAMEDIC: The City and The Union agree to work collaboratively on
establishing, per state law, a community paramedic program, in order to improve community
outreach and assistance to the citizens of Bremerton.
ARTICLE 20 PHYSICAL FITNESS PROGRAM
20.1 The Union and the City will continue to develop and refine the physical fitness program for the
Bremerton Fire Department. They will work toward full implementation of the IAFF/IAFC
Wellness and Fitness Initiative.
20.2 The City will continue to provide yearly fitness assessments for those employees who choose to
participate. The fitness assessments shall be administered by current Peer Fitness Trainers or an
outside agency.
20.3 In trying to work towards implementation of the Wellness and Fitness Initiative, the City will
provide for the continuing education of the current Peer Fitness Trainers. The City will also work
towards certifying three (3) additional Peer Fitness Trainers. (Goal of 6 PFTs).
20.4 Employees shall normally be granted ninety (90) minutes to participate in their physical fitness
program, shower, and be ready for duty. In the event an employee’s physical fitness routine is
interrupted by an emergency response or training scheduled in advance, an employee’s immediate
supervisor shall have the discretion to allow the employee to complete their physical fitness routine
between 8:00 am and 5:00 pm.
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
Page 43 of 44
20.5 Designated physical fitness time shall be subject to re-evaluation during the Labor Management
meetings.
ARTICLE 21 TOBACCO FREE WORKPLACE
21.1 As a condition of employment, all employees hired after January 13, 2013, shall not use any tobacco
products while on duty.
ARTICLE 22 DISCIPLINARY ACTION
22.1 Disciplinary action, as defined by the Civil Service Rules as now stated or as hereinafter amended,
may be taken against any non-probationary employee for just cause. An employee, who is the
subject of a disciplinary action, must elect to follow the appeal procedures either in the Civil Service
Rules, or grievance procedure. The employee selection of one procedure shall preclude the use of
the other. The Department reserves the right to place an employee on paid administrative leave.
Paid administrative leave is non-disciplinary.
ARTICLE 23 SEVERABILITY
23.1 In the event that any provision of this Agreement is held invalid by operation of law or by any
tribunal of competent jurisdiction, or if compliance with or enforcement of any Article should be
restrained by such tribunal pending a final determination as to its validity, the remaining provisions
of this Agreement shall not be held invalid and shall remain in full force and effect. The Union and
the City shall immediately meet and attempt to renegotiate any provision found invalid.
ARTICLE 24 ENTIRE AGREEMENT
24.1 The Union and the City acknowledge that each has had the unlimited right and opportunity to make
proposals with respect to any matter deemed a proper subject for collective bargaining. The results
of the exercise of that right are set forth in this Agreement. Therefore, the City and the Union each
voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with
respect to any subject or matter not specifically covered by the Articles of this Agreement during
the term of this Agreement, except as mutually agreed upon.
ARTICLE 25 TERM
25.1 The terms of this Agreement shall be in effect upon January 1, 2025, unless otherwise provided
within the terms of each Article, and shall remain in effect through December 31, 2027.
Negotiations for a successor agreement shall commence no later than August 1, 2027. Upon the
approval of the Council, this Agreement shall become binding upon the City, the Union and all of
the employees in the bargaining unit covered by this Agreement.
DATED THIS _____ day of _________________, 2025.
CITY OF BREMERTON: IAFF LOCAL #437
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COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1, 2025 to December 31, 2027
Page 44 of 44
_____________________________ _____________________________
Greg Wheeler, Mayor Craig Patti
President
_____________________________ _____________________________
Charlotte Nelson Chris Rotter
Human Resources Manager Vice President
_____________________________
Caleb Johnston
Secretary
ATTEST: APPROVED AS TO FORM:
_____________________________ _____________________________
Angela Hoover Kylie Finnell
City Clerk City Attorney
Schedule Average Shift Hours/Year:2,568 Shift Hours Per Week:49.39
FF4 Firefighter (Shift)
Step 1
70%
12 Months
Step 2
75%
12 Months
Step 3
85%
12 Months
Step 4
90%
12 Months
Step 5
100%
12 Months
+1.25%
6th Yr
+2.5%
11th Yr
+3.75%
16th Yr
+5%
21st Yr
+6.5%
26th Yr
+8%
31st Yr
Annual 79,572.48 85,256.40 96,623.76 102,307.44 113,675.04 115,096.08 116,516.88 117,937.92 119,358.72 121,063.92 122,769.12
Monthly 6,631.04 7,104.70 8,051.98 8,525.62 9,472.92 9,591.34 9,709.74 9,828.16 9,946.56 10,088.66 10,230.76
Semi-Monthly 3,315.52 3,552.35 4,025.99 4,262.81 4,736.46 4,795.67 4,854.87 4,914.08 4,973.28 5,044.33 5,115.38
Semi- Mo Def Comp 182.35 195.38 221.43 234.45 260.51 263.76 267.02 270.27 273.53 277.44 281.35
FN4 Firefighter
Step 1
70%
12 Months
Step 2
75%
12 Months
Step 3
85%
12 Months
Step 4
90%
12 Months
Step 5
100%
12 Months
+1.25%
6th Yr
+2.5%
11th Yr
+3.75%
16th Yr
+5%
21st Yr
+6.5%
26th Yr
+8%
31st Yr
(Non-Shift)Annual 92,076.72 103,444.32 109,128.00 120,495.60 122,001.84 123,508.08 125,014.08 126,520.32 128,327.76 130,135.20
Monthly 7,673.06 8,620.36 9,094.00 10,041.30 10,166.82 10,292.34 10,417.84 10,543.36 10,693.98 10,844.60
Semi-Monthly 3,836.53 4,310.18 4,547.00 5,020.65 5,083.41 5,146.17 5,208.92 5,271.68 5,346.99 5,422.30
106%Semi- Mo Def Comp 211.01 237.06 250.09 276.14 279.59 283.04 286.49 289.94 294.08 298.23
PT4 Firefighter Paramedic Trainee
Step 1
12 Months
(Non-Shift) In Paramedic School Annual 80,567.14
Monthly 6,713.93
Semi-Monthly 3,356.96
90% of FF Paramedic (step 1)Semi-Mo Def Comp 184.63
FB4 Firefighter/Ladder Truck &
Step 1
70%
12 Months
Step 2
75%
12 Months
Step 3
85%
12 Months
Step 4
90%
12 Months
Step 5
100%
12 Months
+1.25%
6th Yr
+2.5%
11th Yr
+3.75%
16th Yr
+5%
21st Yr
+6.5%
26th Yr
+8%
31st Yr
Rescue Boat Operator (Shift)Annual 81,163.92 86,961.36 98,556.24 104,353.68 115,948.56 117,397.92 118,847.28 120,296.64 121,746.00 123,485.28 125,224.56
Monthly 6,763.66 7,246.78 8,213.02 8,696.14 9,662.38 9,783.16 9,903.94 10,024.72 10,145.50 10,290.44 10,435.38
Semi-Monthly 3,381.83 3,623.39 4,106.51 4,348.07 4,831.19 4,891.58 4,951.97 5,012.36 5,072.75 5,145.22 5,217.69
102%Semi-Mo Def Comp 186.00 199.29 225.86 239.14 265.72 269.04 272.36 275.68 279.00 282.99 286.97
FE4 Firefighter - Equip Maint. (Shift)
Step 1
70%
12 Months
Step 2
75%
12 Months
Step 3
85%
12 Months
Step 4
90%
12 Months
Step 5
100%
12 Months
+1.25%
6th Yr
+2.5%
11th Yr
+3.75%
16th Yr
+5%
21st Yr
+6.5%
26th Yr
+8%
31st Yr
FS4 Firefighter - SCBA (Shift)Annual 82,755.36 88,666.56 100,488.72 106,399.92 118,222.08 119,699.76 121,177.68 122,655.36 124,133.28 125,906.40 127,679.76
Monthly 6,896.28 7,388.88 8,374.06 8,866.66 9,851.84 9,974.98 10,098.14 10,221.28 10,344.44 10,492.20 10,639.98
Semi-Monthly 3,448.14 3,694.44 4,187.03 4,433.33 4,925.92 4,987.49 5,049.07 5,110.64 5,172.22 5,246.10 5,319.99
104%Semi-Mo Def Comp 189.65 203.19 230.29 243.83 270.93 274.31 277.70 281.09 284.47 288.54 292.60
FR4 Firefighter - Equip Maint & Rescue
Step 1
70%
12 Months
Step 2
75%
12 Months
Step 3
85%
12 Months
Step 4
90%
12 Months
Step 5
100%
12 Months
+1.25%
6th Yr
+2.5%
11th Yr
+3.75%
16th Yr
+5%
21st Yr
+6.5%
26th Yr
+8%
31st Yr
Boat Operator (Shift)Annual 84,347.04 90,371.76 102,421.20 108,446.16 120,495.60 122,001.84 123,508.08 125,014.08 126,520.32 128,327.76 130,135.20
Monthly 7,028.92 7,530.98 8,535.10 9,037.18 10,041.30 10,166.82 10,292.34 10,417.84 10,543.36 10,693.98 10,844.60
Semi-Monthly 3,514.46 3,765.49 4,267.55 4,518.59 5,020.65 5,083.41 5,146.17 5,208.92 5,271.68 5,346.99 5,422.30
106%Semi-Mo Def Comp 193.30 207.10 234.72 248.52 276.14 279.59 283.04 286.49 289.94 294.08 298.23
EN4 Firefighter - Equip Maint. (Non-Shift)
Step 1
12 Months
Step 2
75%
12 Months
Step 3
85%
12 Months
Step 4
90%
12 Months
Step 5
100%
12 Months
+1.25%
6th Yr
+2.5%
11th Yr
+3.75%
16th Yr
+5%
21st Yr
+6.5%
26th Yr
+8%
31st Yr
SN4 Firefighter - SCBA (Non-Shift)Annual 87,529.92 93,781.92 106,286.16 112,538.40 125,042.64 126,605.76 128,168.64 129,731.76 131,294.88 133,170.48 135,046.08
Monthly 7,294.16 7,815.16 8,857.18 9,378.20 10,420.22 10,550.48 10,680.72 10,810.98 10,941.24 11,097.54 11,253.84
Semi-Monthly 3,647.08 3,907.58 4,428.59 4,689.10 5,210.11 5,275.24 5,340.36 5,405.49 5,470.62 5,548.77 5,626.92
110%Semi-Mo Def Comp 200.59 214.92 243.57 257.90 286.56 290.14 293.72 297.30 300.88 305.18 309.48
PM4 Firefighter Paramedic (Shift)
Step 1
70%
12 Months
Step 2
75%
12 Months
Step 3
85%
12 Months
Step 4
90%
12 Months
Step 5
100%
12 Months
Annual 89,519.04 95,913.36 108,701.76 115,096.08 127,884.48
Monthly 7,459.92 7,992.78 9,058.48 9,591.34 10,657.04
APPENDIX A - IAFF SALARY SCHEDULE
Detail
Effective 1-1-25 to 12-31-25
6% General Wage Adjustment with 5.50% Deferred Comp
Schedule Average Shift Hours/Year:2,568 Shift Hours Per Week:49.39
APPENDIX A - IAFF SALARY SCHEDULE
Detail
Effective 1-1-25 to 12-31-25
6% General Wage Adjustment with 5.50% Deferred Comp
Semi-Monthly 3,729.96 3,996.39 4,529.24 4,795.67 5,328.52
112.5%Semi-Mo Def Comp 205.15 219.80 249.11 263.76 293.07
PR4 Firefighter Paramedic - & Rescue
Step 1
70%
12 Months
Step 2
75%
12 Months
Step 3
85%
12 Months
Step 4
90%
12 Months
Step 5
100%
12 Months
+1.25%
6th Yr
+2.5%
11th Yr
+3.75%
16th Yr
+5%
21st Yr
+6.5%
26th Yr
+8%
31st Yr
Boat Operator (Shift)Annual 91,110.72 97,618.56 110,634.24 117,142.32 130,158.00 131,784.96 133,411.92 135,038.88 136,665.84 138,618.24 140,570.64
Monthly 7,592.56 8,134.88 9,219.52 9,761.86 10,846.50 10,982.08 11,117.66 11,253.24 11,388.82 11,551.52 11,714.22
Semi-Monthly 3,796.28 4,067.44 4,609.76 4,880.93 5,423.25 5,491.04 5,558.83 5,626.62 5,694.41 5,775.76 5,857.11
114.5%Semi-Mo Def Comp 208.80 223.71 253.54 268.45 298.28 302.01 305.74 309.46 313.19 317.67 322.14
CP4 Step 1 Step 2 Step 3 Step 4 Step 5
Step 6
5+ Yrs
+1.25%
6th Yr
+2.5%
11th Yr
+3.75%
16th Yr
+5%
21st Yr
+6.5%
26th Yr
+8%
31st Yr
Annual N/A N/A N/A N/A N/A 130,726.32 132,360.48 133,994.40 135,628.56 137,262.72 139,223.52 141,184.32
Monthly N/A N/A N/A N/A N/A 10,893.86 11,030.04 11,166.20 11,302.38 11,438.56 11,601.96 11,765.36
Semi-Monthly N/A N/A N/A N/A N/A 5,446.93 5,515.02 5,583.10 5,651.19 5,719.28 5,800.98 5,882.68
115%Semi-Mo Def Comp N/A N/A N/A N/A N/A 299.58 303.33 307.07 310.82 314.56 319.05 323.55
FP4
Deputy Fire Marshall- Firefighter
(Non-Shift)Step 1 Step 2 Step 3 Step 4
Step 5
100%
12 Months
+1.25%
6th Yr
+2.5%
11th Yr
+3.75%
16th Yr
+5%
21st Yr
+6.5%
26th Yr
+8%
31st Yr
FL4 Lieutenant (Shift)Annual N/A N/A N/A N/A 130,726.32 132,360.48 133,994.40 135,628.56 137,262.72 139,223.52 141,184.32
Monthly N/A N/A N/A N/A 10,893.86 11,030.04 11,166.20 11,302.38 11,438.56 11,601.96 11,765.36
Semi-Monthly N/A N/A N/A N/A 5,446.93 5,515.02 5,583.10 5,651.19 5,719.28 5,800.98 5,882.68
115%Semi-Mo Def Comp N/A N/A N/A N/A 299.58 303.33 307.07 310.82 314.56 319.05 323.55
Step 1 Step 2 Step 3 Step 4 Step 5
Step 6
5+ Yrs
+1.25%
6th Yr
+2.5%
11th Yr
+3.75%
16th Yr
+5%
21st Yr
+6.5%
26th Yr
+8%
31st Yr
CB4 with Ladder Truck & Boat Operator Annual N/A N/A N/A N/A N/A 132,999.84 134,662.32 136,324.80 137,987.28 139,649.76 141,644.88 143,639.76
(Shift)Monthly N/A N/A N/A N/A N/A 11,083.32 11,221.86 11,360.40 11,498.94 11,637.48 11,803.74 11,969.98
Semi-Monthly N/A N/A N/A N/A N/A 5,541.66 5,610.93 5,680.20 5,749.47 5,818.74 5,901.87 5,984.99
117%Semi-Mo Def Comp N/A N/A N/A N/A N/A 304.79 308.60 312.41 316.22 320.03 324.60 329.17
PN4 Firefighter Paramedic
Step 1
70%
12 Months
Step 2
75%
12 Months
Step 3
85%
12 Months
Step 4
90%
12 Months
Step 5
100%
12 Months
(Non-Shift)Annual 94,293.60 101,028.72 114,499.20 121,234.56 134,705.04
Monthly 7,857.80 8,419.06 9,541.60 10,102.88 11,225.42
Semi-Monthly 3,928.90 4,209.53 4,770.80 5,051.44 5,612.71
118.5%Semi-Mo Def Comp 216.09 231.52 262.39 277.83 308.70
LT4 Lieutenant (Non-Shift) (Training)Step 1 Step 2 Step 3 Step 4
Step 5
100%
12 Months
+1.25%
6th Yr
+2.5%
11th Yr
+3.75%
16th Yr
+5%
21st Yr
+6.5%
26th Yr
+8%
31st Yr
CN4 Firefigher Paramedic Cont 5+ Yrs (Non Annual N/A N/A N/A N/A 137,546.88 139,266.24 140,985.60 142,704.96 144,424.32 146,487.36 148,550.64
Deputy Fire Marshal (Lieutenant) (Non Monthly N/A N/A N/A N/A 11,462.24 11,605.52 11,748.80 11,892.08 12,035.36 12,207.28 12,379.22
Semi-Monthly N/A N/A N/A N/A 5,731.12 5,802.76 5,874.40 5,946.04 6,017.68 6,103.64 6,189.61
121%Semi-Mo Def Comp N/A N/A N/A N/A 315.21 319.15 323.09 327.03 330.97 335.70 340.43
FC4 Fire Captain (Shift)Step 1 Step 2 Step 3 Step 4
Step 5
100%
12 Months
+1.25%
6th Yr
+2.5%
11th Yr
+3.75%
16th Yr
+5%
21st Yr
+6.5%
26th Yr
+8%
31st Yr
Annual N/A N/A N/A N/A 140,957.04 142,719.12 144,480.96 146,243.04 148,004.88 150,119.28 152,233.68
Monthly N/A N/A N/A N/A 11,746.42 11,893.26 12,040.08 12,186.92 12,333.74 12,509.94 12,686.14
Semi-Monthly N/A N/A N/A N/A 5,873.21 5,946.63 6,020.04 6,093.46 6,166.87 6,254.97 6,343.07
124%Semi-Mo Def Comp N/A N/A N/A N/A 323.03 327.06 331.10 335.14 339.18 344.02 348.87
Firefighter Paramedic Continuous 5+ Yrs (Shift)
Firefigher Paramedic Continuous 5+ Yrs
Schedule Average Shift Hours/Year:2,568 Shift Hours Per Week:49.39
APPENDIX A - IAFF SALARY SCHEDULE
Detail
Effective 1-1-25 to 12-31-25
6% General Wage Adjustment with 5.50% Deferred Comp
FM4 Fire Marshal Captain (Non-Shift)Step 1 Step 2 Step 3 Step 4
Step 5
100%
12 Months
+1.25%
6th Yr
+2.5%
11th Yr
+3.75%
16th Yr
+5%
21st Yr
+6.5%
26th Yr
+8%
31st Yr
MO4 Medical Officer - Cpt (Non-Shift)Annual N/A N/A N/A N/A 147,777.60 149,624.88 151,472.16 153,319.20 155,166.48 157,383.12 159,599.76
Training Captain (Non-Shift) Monthly N/A N/A N/A N/A 12,314.80 12,468.74 12,622.68 12,776.60 12,930.54 13,115.26 13,299.98
Semi-Monthly N/A N/A N/A N/A 6,157.40 6,234.37 6,311.34 6,388.30 6,465.27 6,557.63 6,649.99
130%Semi-Mo Def Comp N/A N/A N/A N/A 338.66 342.89 347.12 351.36 355.59 360.67 365.75
BC4 Battalion Chief (Shift)Step 1 Step 2 Step 3 Step 4
Step 5
100%
12 Months
+1.25%
6th Yr
+2.5%
11th Yr
+3.75%
16th Yr
+5%
21st Yr
+6.5%
26th Yr
+8%
31st Yr
Annual N/A N/A N/A N/A 154,598.16 156,530.64 158,463.12 160,395.60 162,328.08 164,646.96 166,966.08
Monthly N/A N/A N/A N/A 12,883.18 13,044.22 13,205.26 13,366.30 13,527.34 13,720.58 13,913.84
Semi-Monthly N/A N/A N/A N/A 6,441.59 6,522.11 6,602.63 6,683.15 6,763.67 6,860.29 6,956.92
136%Semi-Mo Def Comp N/A N/A N/A N/A 354.29 358.72 363.14 367.57 372.00 377.32 382.63
BN4 Battalion Chief - (Non-Shift)Step 2 Step 3 Step 4
Step 5
100%
12 Months
+1.25%
6th Yr
+2.5%
11th Yr
+3.75%
16th Yr
+5%
21st Yr
+6.5%
26th Yr
+8%
31st Yr
Annual N/A N/A N/A N/A 161,418.48 163,436.16 165,453.84 167,471.76 169,489.44 171,910.80 174,331.92
Monthly N/A N/A N/A N/A 13,451.54 13,619.68 13,787.82 13,955.98 14,124.12 14,325.90 14,527.66
Semi-Monthly N/A N/A N/A N/A 6,725.77 6,809.84 6,893.91 6,977.99 7,062.06 7,162.95 7,263.83
142%Semi-Mo Def Comp N/A N/A N/A N/A 369.92 374.54 379.17 383.79 388.41 393.96 399.51
General Wage Adjustment applied to semi-monthly Firefighter pay at 100% (step 5). Step percentage and differential pay rates are calculated from said Firefighter 100% rate after annual General Wage Adjustment is applied. General Wage Adjustment will be calculated out to three
decimal places. Longevity pay rates are calculated from the base wage rate at 100%. Published hourly wages are estimates and actuals may vary (due to penny rounding) and will be calculated by City payroll software system.
Schedule Average Shift Hours/Year:2,472 Shift Hours Per Week:47.54
FF4 Firefighter (Shift)
Step 1
70%
12 Months
Step 2
75%
12 Months
Step 3
85%
12 Months
Step 4
90%
12 Months
Step 5
100%
12 Months
+1.25%
6th Yr
+2.5%
11th Yr
+3.75%
16th Yr
+5%
21st Yr
+6.5%
26th Yr
+8%
31st Yr
Annual 81,720.96 87,558.24 99,232.56 105,069.84 116,744.16 118,203.36 119,662.80 121,122.00 122,581.44 124,332.48 126,083.76
Monthly 6,810.08 7,296.52 8,269.38 8,755.82 9,728.68 9,850.28 9,971.90 10,093.50 10,215.12 10,361.04 10,506.98
Semi-Monthly 3,405.04 3,648.26 4,134.69 4,377.91 4,864.34 4,925.14 4,985.95 5,046.75 5,107.56 5,180.52 5,253.49
Semi- Mo Def Comp 187.28 200.65 227.41 240.79 267.54 270.88 274.23 277.57 280.92 284.93 288.94
FN4 Firefighter
Step 1
70%
12 Months
Step 2
75%
12 Months
Step 3
85%
12 Months
Step 4
90%
12 Months
Step 5
100%
12 Months
+1.25%
6th Yr
+2.5%
11th Yr
+3.75%
16th Yr
+5%
21st Yr
+6.5%
26th Yr
+8%
31st Yr
(Non-Shift)Annual 94,562.88 106,237.20 112,074.48 123,748.80 125,295.60 126,842.64 128,389.44 129,936.24 131,792.40 133,648.80
Monthly 7,880.24 8,853.10 9,339.54 10,312.40 10,441.30 10,570.22 10,699.12 10,828.02 10,982.70 11,137.40
Semi-Monthly 3,940.12 4,426.55 4,669.77 5,156.20 5,220.65 5,285.11 5,349.56 5,414.01 5,491.35 5,568.70
106%Semi- Mo Def Comp 216.71 243.46 256.84 283.59 287.14 290.68 294.23 297.77 302.02 306.28
PT4 Firefighter Paramedic Trainee
Step 1
12 Months
(Non-Shift) In Paramedic School Annual 82,742.47
Monthly 6,895.21
Semi-Monthly 3,447.60
90% of FF Paramedic (step 1)Semi-Mo Def Comp 189.62
FB4 Firefighter/Ladder Truck &
Step 1
70%
12 Months
Step 2
75%
12 Months
Step 3
85%
12 Months
Step 4
90%
12 Months
Step 5
100%
12 Months
+1.25%
6th Yr
+2.5%
11th Yr
+3.75%
16th Yr
+5%
21st Yr
+6.5%
26th Yr
+8%
31st Yr
Rescue Boat Operator (Shift)Annual 83,355.36 89,309.28 101,217.36 107,171.28 119,079.12 120,567.60 122,056.08 123,544.56 125,033.04 126,819.36 128,605.44
Monthly 6,946.28 7,442.44 8,434.78 8,930.94 9,923.26 10,047.30 10,171.34 10,295.38 10,419.42 10,568.28 10,717.12
Semi-Monthly 3,473.14 3,721.22 4,217.39 4,465.47 4,961.63 5,023.65 5,085.67 5,147.69 5,209.71 5,284.14 5,358.56
102%Semi-Mo Def Comp 191.02 204.67 231.96 245.60 272.89 276.30 279.71 283.12 286.53 290.63 294.72
FE4 Firefighter - Equip Maint. (Shift)
Step 1
70%
12 Months
Step 2
75%
12 Months
Step 3
85%
12 Months
Step 4
90%
12 Months
Step 5
100%
12 Months
+1.25%
6th Yr
+2.5%
11th Yr
+3.75%
16th Yr
+5%
21st Yr
+6.5%
26th Yr
+8%
31st Yr
FS4 Firefighter - SCBA (Shift)Annual 84,989.76 91,060.32 103,201.68 109,272.48 121,413.84 122,931.60 124,449.12 125,966.88 127,484.64 129,305.76 131,126.88
Monthly 7,082.48 7,588.36 8,600.14 9,106.04 10,117.82 10,244.30 10,370.76 10,497.24 10,623.72 10,775.48 10,927.24
Semi-Monthly 3,541.24 3,794.18 4,300.07 4,553.02 5,058.91 5,122.15 5,185.38 5,248.62 5,311.86 5,387.74 5,463.62
104%Semi-Mo Def Comp 194.77 208.68 236.50 250.42 278.24 281.72 285.20 288.67 292.15 296.33 300.50
FR4 Firefighter - Equip Maint & Rescue
Step 1
70%
12 Months
Step 2
75%
12 Months
Step 3
85%
12 Months
Step 4
90%
12 Months
Step 5
100%
12 Months
+1.25%
6th Yr
+2.5%
11th Yr
+3.75%
16th Yr
+5%
21st Yr
+6.5%
26th Yr
+8%
31st Yr
Boat Operator (Shift)Annual 86,624.16 92,811.60 105,186.48 111,373.92 123,748.80 125,295.60 126,842.64 128,389.44 129,936.24 131,792.40 133,648.80
Monthly 7,218.68 7,734.30 8,765.54 9,281.16 10,312.40 10,441.30 10,570.22 10,699.12 10,828.02 10,982.70 11,137.40
Semi-Monthly 3,609.34 3,867.15 4,382.77 4,640.58 5,156.20 5,220.65 5,285.11 5,349.56 5,414.01 5,491.35 5,568.70
106%Semi-Mo Def Comp 198.51 212.69 241.05 255.23 283.59 287.14 290.68 294.23 297.77 302.02 306.28
EN4 Firefighter - Equip Maint. (Non-Shift)
Step 1
70%
12 Months
Step 2
75%
12 Months
Step 3
85%
12 Months
Step 4
90%
12 Months
Step 5
100%
12 Months
+1.25%
6th Yr
+2.5%
11th Yr
+3.75%
16th Yr
+5%
21st Yr
+6.5%
26th Yr
+8%
31st Yr
SN4 Firefighter - SCBA (Non-Shift)Annual 89,892.96 96,313.92 109,155.60 115,576.56 128,418.48 130,023.60 131,628.96 133,234.08 134,839.44 136,765.68 138,691.92
Monthly 7,491.08 8,026.16 9,096.30 9,631.38 10,701.54 10,835.30 10,969.08 11,102.84 11,236.62 11,397.14 11,557.66
Semi-Monthly 3,745.54 4,013.08 4,548.15 4,815.69 5,350.77 5,417.65 5,484.54 5,551.42 5,618.31 5,698.57 5,778.83
110%Semi-Mo Def Comp 206.00 220.72 250.15 264.86 294.29 297.97 301.65 305.33 309.01 313.42 317.84
PM4 Firefighter Paramedic (Shift)
Step 1
70%
12 Months
Step 2
75%
12 Months
Step 3
85%
12 Months
Step 4
90%
12 Months
Step 5
100%
12 Months
Annual 91,936.08 98,502.96 111,636.48 118,203.36 131,337.12
Monthly 7,661.34 8,208.58 9,303.04 9,850.28 10,944.76
APPENDIX A - IAFF SALARY SCHEDULE
Effective 1-1-26 to 12-31-26
2.7% General Wage Adjustment with 5.50% Deferred Comp
Schedule Average Shift Hours/Year:2,472 Shift Hours Per Week:47.54
APPENDIX A - IAFF SALARY SCHEDULE
Effective 1-1-26 to 12-31-26
2.7% General Wage Adjustment with 5.50% Deferred Comp
Semi-Monthly 3,830.67 4,104.29 4,651.52 4,925.14 5,472.38
112.5%Semi-Mo Def Comp 210.69 225.74 255.83 270.88 300.98
PR4 Firefighter Paramedic - & Rescue
Step 1
70%
12 Months
Step 2
75%
12 Months
Step 3
85%
12 Months
Step 4
90%
12 Months
Step 5
100%
12 Months
+1.25%
6th Yr
+2.5%
11th Yr
+3.75%
16th Yr
+5%
21st Yr
+6.5%
26th Yr
+8%
31st Yr
Boat Operator (Shift)Annual 93,570.48 100,254.00 113,621.28 120,304.80 133,672.08 135,342.96 137,013.84 138,684.72 140,355.60 142,360.80 144,365.76
Monthly 7,797.54 8,354.50 9,468.44 10,025.40 11,139.34 11,278.58 11,417.82 11,557.06 11,696.30 11,863.40 12,030.48
Semi-Monthly 3,898.77 4,177.25 4,734.22 5,012.70 5,569.67 5,639.29 5,708.91 5,778.53 5,848.15 5,931.70 6,015.24
114.5%Semi-Mo Def Comp 214.43 229.75 260.38 275.70 306.33 310.16 313.99 317.82 321.65 326.24 330.84
CP4 Step 1 Step 2 Step 3 Step 4 Step 5
Step 6
5+ Yrs
+1.25%
6th Yr
+2.5%
11th Yr
+3.75%
16th Yr
+5%
21st Yr
+6.5%
26th Yr
+8%
31st Yr
Annual N/A N/A N/A N/A N/A 134,255.76 135,933.84 137,612.16 139,290.24 140,968.56 142,982.40 144,996.24
Monthly N/A N/A N/A N/A N/A 11,187.98 11,327.82 11,467.68 11,607.52 11,747.38 11,915.20 12,083.02
Semi-Monthly N/A N/A N/A N/A N/A 5,593.99 5,663.91 5,733.84 5,803.76 5,873.69 5,957.60 6,041.51
115%Semi-Mo Def Comp N/A N/A N/A N/A N/A 307.67 311.52 315.36 319.21 323.05 327.67 332.28
FP4
Deputy Fire Marshall- Firefighter
(Non-Shift)Step 1 Step 2 Step 3 Step 4
Step 5
100%
12 Months
+1.25%
6th Yr
+2.5%
11th Yr
+3.75%
16th Yr
+5%
21st Yr
+6.5%
26th Yr
+8%
31st Yr
FL4 Lieutenant (Shift)Annual N/A N/A N/A N/A 134,255.76 135,933.84 137,612.16 139,290.24 140,968.56 142,982.40 144,996.24
Monthly N/A N/A N/A N/A 11,187.98 11,327.82 11,467.68 11,607.52 11,747.38 11,915.20 12,083.02
Semi-Monthly N/A N/A N/A N/A 5,593.99 5,663.91 5,733.84 5,803.76 5,873.69 5,957.60 6,041.51
115%Semi-Mo Def Comp N/A N/A N/A N/A 307.67 311.52 315.36 319.21 323.05 327.67 332.28
Step 1 Step 2 Step 3 Step 4 Step 5
Step 6
5+ Yrs
+1.25%
6th Yr
+2.5%
11th Yr
+3.75%
16th Yr
+5%
21st Yr
+6.5%
26th Yr
+8%
31st Yr
CB4 with Ladder Truck & Boat Operator Annual N/A N/A N/A N/A N/A 136,590.72 138,298.08 140,005.44 141,712.80 143,420.16 145,469.04 147,517.92
(Shift)Monthly N/A N/A N/A N/A N/A 11,382.56 11,524.84 11,667.12 11,809.40 11,951.68 12,122.42 12,293.16
Semi-Monthly N/A N/A N/A N/A N/A 5,691.28 5,762.42 5,833.56 5,904.70 5,975.84 6,061.21 6,146.58
117%Semi-Mo Def Comp N/A N/A N/A N/A N/A 313.02 316.93 320.85 324.76 328.67 333.37 338.06
PN4 Firefighter Paramedic
Step 1
70%
12 Months
Step 2
75%
12 Months
Step 3
85%
12 Months
Step 4
90%
12 Months
Step 5
100%
12 Months
(Non-Shift)Annual 96,839.28 103,756.32 117,590.40 124,507.68 138,341.76
Monthly 8,069.94 8,646.36 9,799.20 10,375.64 11,528.48
Semi-Monthly 4,034.97 4,323.18 4,899.60 5,187.82 5,764.24
118.5%Semi-Mo Def Comp 221.92 237.77 269.48 285.33 317.03
LT4 Lieutenant (Non-Shift) (Training)Step 1 Step 2 Step 3 Step 4
Step 5
100%
12 Months
+1.25%
6th Yr
+2.5%
11th Yr
+3.75%
16th Yr
+5%
21st Yr
+6.5%
26th Yr
+8%
31st Yr
CN4 Firefigher Paramedic Cont 5+ Yrs (Non Annual N/A N/A N/A N/A 141,260.40 143,026.08 144,792.00 146,557.68 148,323.36 150,442.32 152,561.28
Deputy Fire Marshal (Lieutenant) (Non Monthly N/A N/A N/A N/A 11,771.70 11,918.84 12,066.00 12,213.14 12,360.28 12,536.86 12,713.44
Semi-Monthly N/A N/A N/A N/A 5,885.85 5,959.42 6,033.00 6,106.57 6,180.14 6,268.43 6,356.72
121%Semi-Mo Def Comp N/A N/A N/A N/A 323.72 327.77 331.82 335.86 339.91 344.76 349.62
FC4 Fire Captain (Shift)Step 1 Step 2 Step 3 Step 4
Step 5
100%
12 Months
+1.25%
6th Yr
+2.5%
11th Yr
+3.75%
16th Yr
+5%
21st Yr
+6.5%
26th Yr
+8%
31st Yr
Annual N/A N/A N/A N/A 144,762.72 146,572.32 148,381.68 150,191.28 152,000.88 154,172.40 156,343.68
Monthly N/A N/A N/A N/A 12,063.56 12,214.36 12,365.14 12,515.94 12,666.74 12,847.70 13,028.64
Semi-Monthly N/A N/A N/A N/A 6,031.78 6,107.18 6,182.57 6,257.97 6,333.37 6,423.85 6,514.32
124%Semi-Mo Def Comp N/A N/A N/A N/A 331.75 335.89 340.04 344.19 348.34 353.31 358.29
Firefighter Paramedic Continuous 5+ Yrs (Shift)
Firefigher Paramedic Continuous 5+ Yrs
Schedule Average Shift Hours/Year:2,472 Shift Hours Per Week:47.54
APPENDIX A - IAFF SALARY SCHEDULE
Effective 1-1-26 to 12-31-26
2.7% General Wage Adjustment with 5.50% Deferred Comp
FM4 Fire Marshal Captain (Non-Shift)Step 1 Step 2 Step 3 Step 4
Step 5
100%
12 Months
+1.25%
6th Yr
+2.5%
11th Yr
+3.75%
16th Yr
+5%
21st Yr
+6.5%
26th Yr
+8%
31st Yr
MO4 Medical Officer - Cpt (Non-Shift)Annual N/A N/A N/A N/A 151,767.36 153,664.56 155,561.52 157,458.72 159,355.68 161,632.32 163,908.72
Training Captain (Non-Shift) Monthly N/A N/A N/A N/A 12,647.28 12,805.38 12,963.46 13,121.56 13,279.64 13,469.36 13,659.06
Semi-Monthly N/A N/A N/A N/A 6,323.64 6,402.69 6,481.73 6,560.78 6,639.82 6,734.68 6,829.53
130%Semi-Mo Def Comp N/A N/A N/A N/A 347.80 352.15 356.50 360.84 365.19 370.41 375.62
BC4 Battalion Chief (Shift)Step 1 Step 2 Step 3 Step 4
Step 5
100%
12 Months
+1.25%
6th Yr
+2.5%
11th Yr
+3.75%
16th Yr
+5%
21st Yr
+6.5%
26th Yr
+8%
31st Yr
Annual N/A N/A N/A N/A 158,772.00 160,756.56 162,741.36 164,725.92 166,710.72 169,092.24 171,473.76
Monthly N/A N/A N/A N/A 13,231.00 13,396.38 13,561.78 13,727.16 13,892.56 14,091.02 14,289.48
Semi-Monthly N/A N/A N/A N/A 6,615.50 6,698.19 6,780.89 6,863.58 6,946.28 7,045.51 7,144.74
136%Semi-Mo Def Comp N/A N/A N/A N/A 363.85 368.40 372.95 377.50 382.05 387.50 392.96
BN4 Battalion Chief - (Non-Shift)Step 2 Step 3 Step 4
Step 5
100%
12 Months
+1.25%
6th Yr
+2.5%
11th Yr
+3.75%
16th Yr
+5%
21st Yr
+6.5%
26th Yr
+8%
31st Yr
Annual N/A N/A N/A N/A 165,776.64 167,848.80 169,920.96 171,993.36 174,065.52 176,552.16 179,038.80
Monthly N/A N/A N/A N/A 13,814.72 13,987.40 14,160.08 14,332.78 14,505.46 14,712.68 14,919.90
Semi-Monthly N/A N/A N/A N/A 6,907.36 6,993.70 7,080.04 7,166.39 7,252.73 7,356.34 7,459.95
142%Semi-Mo Def Comp N/A N/A N/A N/A 379.90 384.65 389.40 394.15 398.90 404.60 410.30
General Wage Adjustment applied to semi-monthly Firefighter pay at 100% (step 5). Step percentage and differential pay rates are calculated from said Firefighter 100% rate after annual General Wage Adjustment is applied. General Wage Adjustment will be calculated out to three
decimal places. Longevity pay rates are calculated from the base wage rate at 100%. Published hourly wages are estimates and actuals may vary (due to penny rounding) and will be calculated by City payroll software system.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: 10/8/2025
Request for Salary Adjustment for Lindsey
Victor pursuant to Bremerton Municipal
Code Section 2.50.032 (b)(2)
COUNCIL MEETING Date: 10/15/2025
Department: City Clerk/Legal
Presenter: Angela Hoover
Phone: (360) 473-5323
SUMMARY: Over the past 12 months, Lindsey has consistently exceeded expectations in her role
and taken initiative well beyond the standard scope of her position. She has demonstrated high-level
competency and leadership, earning my strong recommendation for an additional salary step
increase under the City’s personnel code.
ATTACHMENTS: Memo to Mayor; Management, Professional, Confidential & Fiduciary Salary Plan;
BMC 2.50.032.
FISCAL IMPACTS (Include Budgeted Amount): The impact is an additional $2,000 to the annual
salary/benefit costs for Management and Professional Band 4, Rate 2 to Rate 3, using the 2025
current payroll data.
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve request for salary adjustment for Lindsey Victor pursuant to BMC 2.50.032(b)(2)
from Management and Professional Band 4, Rate 2 to Rate 3.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 04/19/2024
B10
MEMORANDUM
TO: Mayor Wheeler
CC: Kylie Finnell, City Attorney
FROM: Angela Hoover, City Clerk
DATE: August 20, 2025
SUBJECT: Request for Salary Adjustment for Lindsey Victor Pursuant to BMC 2.50.032(b)(2)
I am writing to formally recommend a salary rate advancement for Lindsey Victor, pursuant to
BMC 2.50.032(b)(2), based on her exceptional performance, increased workload demands, and
her clear value to the City organization.
Over the past 12 months, Lindsey has consistently exceeded expectations in her role and taken
initiative well beyond the standard scope of her position. She has demonstrated high-level
competency and leadership, earning my strong recommendation for an additional salary step
increase under the City’s personnel code.
Performance Beyond Expectations
Lindsey has shown sustained excellence in a number of areas, including:
• Certification Achievement: Earned her Certified Public Records Officer designation,
which is not a requirement of her position, but demonstrates her dedication to
professional development and improved service delivery.
• Public Records Leadership: Serves as the lead staff member for processing all City
Clerk Office’s public records requests with professionalism, precision, and compliance
with legal deadlines.
• Interim Coverage of City Clerk Duties: Provided seamless coverage during an
extended 8.5-week medical leave, demonstrating her reliability and capacity for
leadership.
• Citywide Records Management Support: Proactively supports other departments by
interpreting State Archives retention schedules and guiding/educating staff in compliant
records disposal procedures.
• Training and Process Improvement: Drafted a Public Records Act training PowerPoint
for internal use and expressed interest in leading staff trainings, reinforcing her
commitment to team development.
• Proactive Engagement in Organizational Learning: Demonstrated initiative by
connecting with key personnel to enhance understanding of departmental operations and
responsibilities.
OFFICE OF THE CITY CLERK
City Clerk / Angela Hoover, MMC, CPRO
city.clerk@ci.bremerton.wa.us Tel 360-473-5323
Fax 360-473-5161
345 6th Street, Suite 100
Bremerton, WA 98337-1873
Page 2 August 20, 2025
Workload Metrics and Request Volume
The City Clerk’s Office has seen a marked increase in the volume and complexity of public
records requests, with Lindsey serving as the primary responder and coordinator. This growth in
workload further underscores her value to the City.
• In 2023, the City Clerk’s Office received 376 public records requests. In 2024, that
number rose to 483, representing a 22% increase year-over-year.
• As of August 19, 2025, the City Clerk’s Office has received 301 public records requests.
Projecting approximately the same amount as 2024 by December 2025.
• Many of these requests are increasingly complex, requiring:
o Open, transparent, frequent correspondence with requestors and city staff,
verbally and in writing;
o Review and redaction of sensitive material pursuant to RCW 42.56;
o Searches across multiple departments and formats.
Despite this, Lindsey has maintained timely, accurate, and legally compliant responses—often
ahead of state-mandated deadlines. Additionally, Lindsey effectively balances public records
requests with her legal assistant duties, including payables, correspondence, mailings, research,
and purchasing.
Retention in a Competitive Environment
Retaining skilled and high-performing staff is critical, especially in the current hiring climate.
Lindsey is a valuable asset whose technical knowledge and consistent dependability are not
easily replaced. This proposed salary adjustment is both a recognition of her contributions and a
proactive step toward ensuring continued retention.
Alignment with BMC 2.50.032(b)(2)
Per BMC 2.50.032(b)(2), employees who exceed a performance rating of “meets expectations”
may be eligible for an additional salary step advancement beyond the standard annual
progression. Based on her performance, initiative, and documented contributions, Lindsey
clearly qualifies.
I respectfully request your support for advancing Lindsey by an additional salary step under
BMC 2.50.032(b)(2). I am prepared to provide supporting documentation, including her most
recent evaluation, training materials, and request volume data. Please advise on the appropriate
next steps for formal submission and Council consideration.
Thank you for your time and consideration.
Sincerely,
Angela Hoover, MMC, CPRO
City Clerk
PAY SALARY
BAND TITLE BASE RATE 1 RATE 2 RATE 3 RATE 4 RATE 5 RATE 6 RATE 7 RATE 8
26 MONTH 15,577.24 16,365.90 16,775.04 17,194.40 17,624.28 18,064.88 18,516.52 18,979.44
SEMI-MONTH 7,788.62 8,182.95 8,387.52 8,597.20 8,812.14 9,032.44 9,258.26 9,489.72
ANNUAL 186,926.88 196,390.80 201,300.48 206,332.80 211,491.36 216,778.56 222,198.24 227,753.28
SEMI-MO DEF COMP 311.54 327.32 335.50 343.89 352.49 361.30 370.33 379.59
25 MONTH 14,826.66 15,577.24 15,966.82 16,365.90 16,775.04 17,194.40 17,624.28 18,064.88
SEMI-MONTH 7,413.33 7,788.62 7,983.41 8,182.95 8,387.52 8,597.20 8,812.14 9,032.44
ANNUAL 177,919.92 186,926.88 191,601.84 196,390.80 201,300.48 206,332.80 211,491.36 216,778.56
SEMI-MO DEF COMP 296.53 311.54 319.34 327.32 335.50 343.89 352.49 361.30
24 MONTH 14,112.20 14,826.66 15,197.28 15,577.24 15,966.82 16,365.90 16,775.04 17,194.40
SEMI-MONTH 7,056.10 7,413.33 7,598.64 7,788.62 7,983.41 8,182.95 8,387.52 8,597.20
ANNUAL 169,346.40 177,919.92 182,367.36 186,926.88 191,601.84 196,390.80 201,300.48 206,332.80
SEMI-MO DEF COMP 282.24 296.53 303.95 311.54 319.34 327.32 335.50 343.89
23 CITY ATTORNEY MONTH 13,432.26 14,112.20 14,465.06 14,826.66 15,197.28 15,577.24 15,966.82 16,365.90
FIRE CHIEF SEMI-MONTH 6,716.13 7,056.10 7,232.53 7,413.33 7,598.64 7,788.62 7,983.41 8,182.95
POLICE CHIEF ANNUAL 161,187.12 169,346.40 173,580.72 177,919.92 182,367.36 186,926.88 191,601.84 196,390.80
SEMI-MO DEF COMP 268.65 282.24 289.30 296.53 303.95 311.54 319.34 327.32
22 ASSISTANT FIRE CHIEF MONTH 12,784.98 13,432.26 13,768.06 14,112.20 14,465.06 14,826.66 15,197.28 15,577.24
DIRECTOR OF FINANCIAL SERVICES SEMI-MONTH 6,392.49 6,716.13 6,884.03 7,056.10 7,232.53 7,413.33 7,598.64 7,788.62
DIRECTOR OF PUBLIC WORKS & UTILITIES ANNUAL 153,419.76 161,187.12 165,216.72 169,346.40 173,580.72 177,919.92 182,367.36 186,926.88
SEMI-MO DEF COMP 255.70 268.65 275.36 282.24 289.30 296.53 303.95 311.54
21 DIRECTOR OF COMMUNITY DEVELOPMENT MONTH 12,168.96 12,784.98 13,104.62 13,432.26 13,768.06 14,112.20 14,465.06 14,826.66
SEMI-MONTH 6,084.48 6,392.49 6,552.31 6,716.13 6,884.03 7,056.10 7,232.53 7,413.33
ANNUAL 146,027.52 153,419.76 157,255.44 161,187.12 165,216.72 169,346.40 173,580.72 177,919.92
SEMI-MO DEF COMP 243.38 255.70 262.09 268.65 275.36 282.24 289.30 296.53
20 CITY ENGINEER MONTH 11,582.64 12,168.96 12,473.16 12,784.98 13,104.62 13,432.26 13,768.06 14,112.20
DIRECTOR OF PARKS & RECREATION SEMI-MONTH 5,791.32 6,084.48 6,236.58 6,392.49 6,552.31 6,716.13 6,884.03 7,056.10
ANNUAL 138,991.68 146,027.52 149,677.92 153,419.76 157,255.44 161,187.12 165,216.72 169,346.40
SEMI-MO DEF COMP 231.65 243.38 249.46 255.70 262.09 268.65 275.36 282.24
19 MONTH 11,024.50 11,582.64 11,872.20 12,168.96 12,473.16 12,784.98 13,104.62 13,432.26
SEMI-MONTH 5,512.25 5,791.32 5,936.10 6,084.48 6,236.58 6,392.49 6,552.31 6,716.13
ANNUAL 132,294.00 138,991.68 142,466.40 146,027.52 149,677.92 153,419.76 157,255.44 161,187.12
SEMI-MO DEF COMP 220.49 231.65 237.44 243.38 249.46 255.70 262.09 268.65
18 ASSISTANT CITY ATTORNEY III MONTH 10,493.26 11,024.50 11,300.08 11,582.64 11,872.20 12,168.96 12,473.16 12,784.98
HUMAN RESOURCE MANAGER SEMI-MONTH 5,246.63 5,512.25 5,650.04 5,791.32 5,936.10 6,084.48 6,236.58 6,392.49
INFORMATION TECHNOLOGY MANAGER ANNUAL 125,919.12 132,294.00 135,600.96 138,991.68 142,466.40 146,027.52 149,677.92 153,419.76
MANAGING ENGINEER - DEVELOPMENT SEMI-MO DEF COMP 209.87 220.49 226.00 231.65 237.44 243.38 249.46 255.70
MANAGING ENGINEER - TRANSPORTATION
MANAGING ENGINEER - UTILITIES
17 CITY AUDITOR MONTH 9,987.68 10,493.26 10,755.58 11,024.50 11,300.08 11,582.64 11,872.20 12,168.96
SEMI-MONTH 4,993.84 5,246.63 5,377.79 5,512.25 5,650.04 5,791.32 5,936.10 6,084.48
ANNUAL 119,852.16 125,919.12 129,066.96 132,294.00 135,600.96 138,991.68 142,466.40 146,027.52
SEMI-MO DEF COMP 199.75 209.87 215.11 220.49 226.00 231.65 237.44 243.38
CITY OF BREMERTON
MANAGEMENT, PROFESSIONAL, CONFIDENTIAL & FIDUCIARY SALARY PLAN - 2025
General Wage Adjustment 6% - Effective 1-1-25
PAY SALARY
BAND TITLE BASE RATE 1 RATE 2 RATE 3 RATE 4 RATE 5 RATE 6 RATE 7 RATE 8
CITY OF BREMERTON
MANAGEMENT, PROFESSIONAL, CONFIDENTIAL & FIDUCIARY SALARY PLAN - 2025
General Wage Adjustment 6% - Effective 1-1-25
16 ASSISTANT CITY ATTORNEY II MONTH 9,506.42 9,987.68 10,237.32 10,493.26 10,755.58 11,024.50 11,300.08 11,582.64
ASSISTANT FINANCE DIRECTOR SEMI-MONTH 4,753.21 4,993.84 5,118.66 5,246.63 5,377.79 5,512.25 5,650.04 5,791.32
CITY PROSECUTOR ANNUAL 114,077.04 119,852.16 122,847.84 125,919.12 129,066.96 132,294.00 135,600.96 138,991.68
ENGINEERING PROJECT MANAGER-CAPITAL SEMI-MO DEF COMP 190.13 199.75 204.75 209.87 215.11 220.49 226.00 231.65
ENGINEERING PROJECT MANAGER-TRANS.
FORESTRY MANAGER
INTERNAL SERVICES MANAGER
PLANNING MANAGER
PUBLIC WORKS OPERATIONS MANAGER
RISK MANAGER
UTILITY/FACILITIES MANAGER
WASTEWATER MANAGER
WATER RESOURCE MANAGER
15 ASSET MANAGER MONTH 9,048.32 9,506.42 9,744.08 9,987.68 10,237.32 10,493.26 10,755.58 11,024.50
BUILDING OFFICIAL SEMI-MONTH 4,524.16 4,753.21 4,872.04 4,993.84 5,118.66 5,246.63 5,377.79 5,512.25
COURT ADMINISTRATOR ANNUAL 108,579.84 114,077.04 116,928.96 119,852.16 122,847.84 125,919.12 129,066.96 132,294.00
SEMI-MO DEF COMP 180.97 190.13 194.88 199.75 204.75 209.87 215.11 220.49
14 ASSISTANT CITY ATTORNEY I MONTH 8,612.36 9,048.32 9,274.52 9,506.42 9,744.08 9,987.68 10,237.32 10,493.26
ASSISTANT CITY PROSECUTOR II SEMI-MONTH 4,306.18 4,524.16 4,637.26 4,753.21 4,872.04 4,993.84 5,118.66 5,246.63
EQUITY, DIVERSITY, INCLUS MANAGER ANNUAL 103,348.32 108,579.84 111,294.24 114,077.04 116,928.96 119,852.16 122,847.84 125,919.12
PARKS OPERATIONS MANAGER SEMI-MO DEF COMP 172.25 180.97 185.49 190.13 194.88 199.75 204.75 209.87
PW&U FINANCIAL MANAGER
13 CITY CLERK MONTH 8,197.34 8,612.36 8,827.62 9,048.32 9,274.52 9,506.42 9,744.08 9,987.68
SEMI-MONTH 4,098.67 4,306.18 4,413.81 4,524.16 4,637.26 4,753.21 4,872.04 4,993.84
ANNUAL 98,368.08 103,348.32 105,931.44 108,579.84 111,294.24 114,077.04 116,928.96 119,852.16
SEMI-MO DEF COMP 163.95 172.25 176.55 180.97 185.49 190.13 194.88 199.75
12 BUDGET ANALYST MONTH 7,802.38 8,197.34 8,402.30 8,612.36 8,827.62 9,048.32 9,274.52 9,506.42
CDBG ADMINISTRATOR SEMI-MONTH 3,901.19 4,098.67 4,201.15 4,306.18 4,413.81 4,524.16 4,637.26 4,753.21
RISK MANAGEMENT SPECIALIST ANNUAL 93,628.56 98,368.08 100,827.60 103,348.32 105,931.44 108,579.84 111,294.24 114,077.04
SEMI-MO DEF COMP 156.05 163.95 168.05 172.25 176.55 180.97 185.49 190.13
11 CONTRACTS ADMINISTRATOR MONTH 7,656.94 7,802.38 7,997.34 8,197.34 8,402.30 8,612.36 8,827.62 9,048.32
EXECUTIVE ASSISTANT SEMI-MONTH 3,828.47 3,901.19 3,998.67 4,098.67 4,201.15 4,306.18 4,413.81 4,524.16
LEGISLATIVE ASSISTANT ANNUAL 91,883.28 93,628.56 95,968.08 98,368.08 100,827.60 103,348.32 105,931.44 108,579.84
PARALEGAL SEMI-MO DEF COMP 153.14 156.05 159.95 163.95 168.05 172.25 176.55 180.97
PARKS PRESERVATION DEVELOPMENT MGR
PUBLIC ACCESS MANAGER
PUBLIC WORKS & UTILITY FISCAL ANALYST
SENIOR PLANNER
10 ADMINISTRATIVE PROJECT MANAGER MONTH 7,068.52 7,426.42 7,612.08 7,802.38 7,997.34 8,197.34 8,402.30 8,612.36
ASSISTANT CITY PROSECUTOR I SEMI-MONTH 3,534.26 3,713.21 3,806.04 3,901.19 3,998.67 4,098.67 4,201.15 4,306.18
ASSISTANT COURT ADMINISTRATOR ANNUAL 84,822.24 89,117.04 91,344.96 93,628.56 95,968.08 98,368.08 100,827.60 103,348.32
HUMAN RESOURCES ANALYST II SEMI-MO DEF COMP 141.37 148.53 152.24 156.05 159.95 163.95 168.05 172.25
9 MONTH 6,727.92 7,068.52 7,245.26 7,426.42 7,612.08 7,802.38 7,997.34 8,197.34
SEMI-MONTH 3,363.96 3,534.26 3,622.63 3,713.21 3,806.04 3,901.19 3,998.67 4,098.67
ANNUAL 80,735.04 84,822.24 86,943.12 89,117.04 91,344.96 93,628.56 95,968.08 98,368.08
SEMI-MO DEF COMP 134.56 141.37 144.91 148.53 152.24 156.05 159.95 163.95
PAY SALARY
BAND TITLE BASE RATE 1 RATE 2 RATE 3 RATE 4 RATE 5 RATE 6 RATE 7 RATE 8
CITY OF BREMERTON
MANAGEMENT, PROFESSIONAL, CONFIDENTIAL & FIDUCIARY SALARY PLAN - 2025
General Wage Adjustment 6% - Effective 1-1-25
8 BKAT PRODUCTION ADMINISTRATOR MONTH 6,403.76 6,727.92 6,896.08 7,068.52 7,245.26 7,426.42 7,612.08 7,802.38
COUNCIL/AUDITOR ASSISTANT SEMI-MONTH 3,201.88 3,363.96 3,448.04 3,534.26 3,622.63 3,713.21 3,806.04 3,901.19
HUMAN RESOURCES ANALYST I ANNUAL 76,845.12 80,735.04 82,752.96 84,822.24 86,943.12 89,117.04 91,344.96 93,628.56
SEMI-MO DEF COMP 128.08 134.56 137.92 141.37 144.91 148.53 152.24 156.05
7 MONTH 6,095.10 6,403.76 6,563.82 6,727.92 6,896.08 7,068.52 7,245.26 7,426.42
SEMI-MONTH 3,047.55 3,201.88 3,281.91 3,363.96 3,448.04 3,534.26 3,622.63 3,713.21
ANNUAL 73,141.20 76,845.12 78,765.84 80,735.04 82,752.96 84,822.24 86,943.12 89,117.04
SEMI-MO DEF COMP 121.90 128.08 131.28 134.56 137.92 141.37 144.91 148.53
6 MONTH 5,801.42 6,095.10 6,247.56 6,403.76 6,563.82 6,727.92 6,896.08 7,068.52
SEMI-MONTH 2,900.71 3,047.55 3,123.78 3,201.88 3,281.91 3,363.96 3,448.04 3,534.26
ANNUAL 69,617.04 73,141.20 74,970.72 76,845.12 78,765.84 80,735.04 82,752.96 84,822.24
SEMI-MO DEF COMP 116.03 121.90 124.95 128.08 131.28 134.56 137.92 141.37
5 LEGAL ASSISTANT II - CIVIL MONTH 5,521.94 5,801.42 5,946.54 6,095.10 6,247.56 6,403.76 6,563.82 6,727.92
LEGAL ASSISTANT II - PROSECUTION SEMI-MONTH 2,760.97 2,900.71 2,973.27 3,047.55 3,123.78 3,201.88 3,281.91 3,363.96
ANNUAL 66,263.28 69,617.04 71,358.48 73,141.20 74,970.72 76,845.12 78,765.84 80,735.04
SEMI-MO DEF COMP 110.44 116.03 118.93 121.90 124.95 128.08 131.28 134.56
4 LEGAL ASSISTANT I MONTH 5,255.80 5,521.94 5,659.96 5,801.42 5,946.54 6,095.10 6,247.56 6,403.76
PUBLIC RECORDS/LEGAL ASSISTANT I SEMI-MONTH 2,627.90 2,760.97 2,829.98 2,900.71 2,973.27 3,047.55 3,123.78 3,201.88
ANNUAL 63,069.60 66,263.28 67,919.52 69,617.04 71,358.48 73,141.20 74,970.72 76,845.12
SEMI-MO DEF COMP 105.12 110.44 113.20 116.03 118.93 121.90 124.95 128.08
3 MONTH 5,005.58 5,255.80 5,387.26 5,521.94 5,659.96 5,801.42 5,946.54 6,095.10
SEMI-MONTH 2,502.79 2,627.90 2,693.63 2,760.97 2,829.98 2,900.71 2,973.27 3,047.55
ANNUAL 60,066.96 63,069.60 64,647.12 66,263.28 67,919.52 69,617.04 71,358.48 73,141.20
SEMI-MO DEF COMP 100.11 105.12 107.75 110.44 113.20 116.03 118.93 121.90
2 MONTH 4,767.26 5,005.58 5,130.72 5,255.80 5,387.26 5,521.94 5,659.96 5,801.42
SEMI-MONTH 2,383.63 2,502.79 2,565.36 2,627.90 2,693.63 2,760.97 2,829.98 2,900.71
ANNUAL 57,207.12 60,066.96 61,568.64 63,069.60 64,647.12 66,263.28 67,919.52 69,617.04
SEMI-MO DEF COMP 95.35 100.11 102.61 105.12 107.75 110.44 113.20 116.03
1 VIDEO SPECIALIST MONTH 4,540.22 4,767.26 4,886.40 5,005.58 5,130.72 5,255.80 5,387.26 5,521.94
SEMI-MONTH 2,270.11 2,383.63 2,443.20 2,502.79 2,565.36 2,627.90 2,693.63 2,760.97
ANNUAL 54,482.64 57,207.12 58,636.80 60,066.96 61,568.64 63,069.60 64,647.12 66,263.28
SEMI-MO DEF COMP 90.80 95.35 97.73 100.11 102.61 105.12 107.75 110.44
2.50.032 ACTUAL SALARY RATE.
(a) Initial Rate. The s alary rate of a person upon appointment to a management or professional
pos ition shall be s et no lower than Rate 1 of the s alary band to which an employee’s position is
ass igned. When it is in the bes t interes t of the City , the department heads (with the May or’s
approval) may authorize an initial salary of a newly hired or promoted pers on at a rate which
exc eeds Rate 1. Newly hired pers ons who report directly to the Mayor require the approval of City
Counc il when being hired at a rate whic h ex ceeds Rate 1.
(b) Salaries may be increased as follows:
(1) Salary Rate Adv ancement. Eac h pers on shall be eligible for a salary rate advanc ement
upon completion of twelve (12) full months of regular (as opposed to interim) s ervice at eac h
rate in the s alary band. To rec eive a s alary rate adv ancement, the employ ee mus t be
ev aluated as "meets expectations " (or equivalent) on his or her work performance evaluation.
Salary rate advancements s hall be an inc rease of one (1) rate in the s ame salary band, if
av ailable.
(2) Additional Advancement. Those employees who rec eive a rating that ex c eeds the rating
"meets ex pec tations" (or equiv alent) may be eligible to rec eive an additional salary rate
advancement for an increas e of one (1) additional rate in the same s alary band, if av ailable,
above the initial rate advanc ement prov ided in subsec tion (b)(1) of this s ection. This additional
advancement shall require the rec ommendation of the department head, or equivalent, and
approv al of the Mayor and City Council.
(3) A rate advancement that was denied may be granted following a minimum s ixty (60) day
rev iew period of the employ ee’s performance.
(4) Notwiths tanding the abov e, when it is in the best interest of the City, the City Counc il
upon the recommendation of the May or may authorize an in-range adjus tment to prov ide
additional s alary in instanc es of promotion, to prov ide for internal equity c orrections, or for
another reas on deemed appropriate by the City Counc il.
(c) Changes to Employee Class ifications.
(1) Downgrading an Employee’s Clas s ification. Upon the City Council’s approval of
downgrading a person’s c lassific ation to a lower s alary band, the person’s initial salary rate
will be set at the s ame rate in the new band that was in effect in the former s alary band. In the
ev ent a person’s s alary rate exceeds the maximum rate of the s alary band to which his or her
position is assigned on the date of downgrading, his or her actual s alary rate s hall be frozen
until s uch time as the max imum rate of the new band is equal to or greater than his or her
The Bremerton Municipal Code is current through Ordinance 5516, passed July 3, 2025.
Bremerton Munici pal C ode 2.50.032 ACTU AL SALAR Y RATE.Page 1 of 2
ac tual salary and, at such time, the employ ee’s salary rate shall be set at the max imum rate
of the s alary band to which his or her pos ition is as signed.
(2) Upgrading an Employ ee’s Clas sification. If an employ ee’s class ification is moved from
one s alary band to a higher band (ex c luding promotions), the employ ee’s salary rate at the
higher band shall be set at the next rate which is higher than the salary the employee was
rec eiving at the former band. Any additional rate advancements shall require City Council
approv al. The employ ee’s s alary rate adv ancement date does not change.
(3) Promotions.
(A) In the event an employ ee is promoted from one (1) management/profes sional
clas s ification to a higher c lassific ation (one (1) s alary band to a higher salary band), the
employ ee’s s alary shall be s et no lower than Rate 1 of the s alary band to which an
employ ee’s position is ass igned. When it is in the bes t interes t of the City , the department
heads (with the Mayor’s approval) may authorize the rate of a promoted person at a rate
which is higher than des c ribed abov e. Promoted employ ees shall be eligible for a s alary
rate adv anc ement upon completion of twelve (12) full months of regular (as oppos ed to
interim) s ervice at each rate in the new s alary band, whic h shall be the employ ee’s new
salary rate advanc ement date.
(B) In the event an employ ee is promoted to a management/profess ional c lass ification
from another employ ee group, ex cluding IAFF Bargaining Unit members, their salary shall
be set no lower than Rate 1 of the s alary band to which an employee’s position is
ass igned. When it is in the bes t interes t of the City, the department heads (with the
Mayor’s approv al) may authorize the rate of a promoted pers on at a rate whic h is higher
than described above. Promoted employees s hall be eligible for a salary rate
adv anc ement upon completion of twelve (12) full months of regular (as oppos ed to
interim) s ervice at each rate in the new s alary band, whic h shall be the employ ee’s new
salary rate advanc ement date.
(C) In the ev ent an employee is promoted to a management/profes sional clas sification
from a pos ition within IAFF Loc al 437, said employee(s) will receiv e the same benefits
and annual salary increas e that are receiv ed by IAFF bargaining unit members. These
employ ees will not be eligible for benefits or salary inc reases prov ided in BMC 2.50.031
through 2.50.070. Any additional rate adv anc ements shall require City Council approv al.
(Ord. 5492 §1, 2024; Ord. 5489 §1, 2024; Ord. 5470 §1, 2023; Ord. 5468 §1, 2023; Ord.
5457 §1, 2022; Ord. 5415 §1, 2021; Ord. 5210 §1, 2013: Ord. 4984 §3, 2006: Ord. 4551,
Amended, 05/23/1996; Ord. 4458 §1, 1994; Ord. 4401 §1 (in part), 1993)
The Bremerton Municipal Code is current through Ordinance 5516, passed July 3, 2025.
Bremerton Munici pal C ode 2.50.032 ACTU AL SALAR Y RATE.Page 2 of 2