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01/14/2026 STUDY SESSION AGENDA PACKET
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. ______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280 F I N A L WEDNESDAY, JANUARY 14, 2026 CITY COUNCIL STUDY SESSION 5:00 PM in COUNCIL CONFERENCE ROOM 603 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 January 21, 2026 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/8738266756?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 A. AGENDA BILL BRIEFINGS 1. Confirm Appointment of Dr. Tara Kirk-Sell to the Planning Commission 2. Confirm Appointment of Morgan Bellenger to the Parks & Recreation Commission 3. Confirm Appointment of David Brittingham to the Parks & Recreation Commission 4. Confirm Appointment of Joan Dingfield to the Parks & Recreation Commission 5. Traffic and Criminal Software Data Sharing Agreement between Washington State Patrol and Bremerton Police Department 6. Amendment to Interlocal Cooperative Agreement with Kitsap County for Housing Incarcerated Individuals 7. Interlocal Agreement with Kitsap County for Juvenile Detention Facilities 8. Professional Services Agreement with Commonstreet Consulting, LLC for Homelessness Response Property Management Program Services 9. Professional Services Agreement with Kitsap Humane Society for Animal Control Services and Licensing 10. Alternate Transportation Program Grant Agreement with the WA State Transportation Improvement Board for the Rocky Point Sidewalk project 11. Contract Modification No. 3 with SCJ Alliance for the View Ridge Elementary School Safe Routes To Schools Project 12. Public Works Agreement with American West Construction LLC for the Mezzanine Addition/Streets Office Improvements Project 13. Collective Bargaining Agreement Between the City of Bremerton and Teamsters (Police Lieutenants and Captains) Local 589 Continued on next page 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. 14. Community Partner Update and Discussion on Shelter and Homelessness – Council President Jane Rebelowski 15. Discussion on Public Comment and Public Recognition – Council President Jane Rebelowski and City Attorney Kylie Finnell B. GENERAL COUNCIL BUSINESS 1. Regional and Other Committee/Board Briefings 2. Other General Council Business (Only as necessary, as time allows) C. ADJOURNMENT OF STUDY SESSION AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: January 14, 2026 Confirm Appointment of Dr. Tara Kirk-Sell to the Planning Commission COUNCIL MEETING Date: January 21, 2026 Department: Executive Presenter: Mayor Wheeler Phone: (360) 473-5266 SUMMARY: The Mayor is seeking confirmation for the appointment of Dr. Tara Kirk-Sell to Position 2 of the Planning Commission for the remainder of the current term (December 31, 2028) This appointment is proposed to fill a vacancy due to a Commissioner being elected to the City Council. ATTACHMENTS: Volunteer application FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to confirm the appointment of Dr. Tara Kirk-Sell to Position 2 of the Planning Commission with a term end date of December 31, 2028 COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 A1 Outlook Online Form Submittal: Application for City Boards / Commissions / Committee From noreply@civicplus.com <noreply@civicplus.com> Date Mon 12/8/2025 10:12 AM To WebMaster <webmaster@ci.bremerton.wa.us>; Greg Wheeler <greg.wheeler@ci.bremerton.wa.us>; Jennifer Hayes <jennifer.hayes@ci.bremerton.wa.us>; Andrea Spencer <andrea.spencer@ci.bremerton.wa.us> CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Application for City Boards / Commissions / Committee Date 12/5/2025 First Name Tara Middle Name Kirk Last Name Sell Home Phone Address1 Address2 Field not completed. City Bremerton State WA Zip 98312-2462 Occupation Associate Professor Employer Johns Hopkins University - Center for Health Security Work Address1 700 E. Pratt St. Work Address2 Suite 900 City Baltimore State MD Zip 21202 Work Phone Fax Field not completed. Email Education BA Stanford University, MA Stanford University, PhD Johns Hopkins University Local References Yolanda Fong, Kitsap Public Health District Administrator , Josh Farley Torie Brazitis - (since she is Kitsap County Administrator, she is checking with her professional association if it is allowed) I am interested in serving:Planning Commission (18 years or older) Is this an application for reappointment? No How long have you lived in Bremerton 23 years: 0-18 years old plus the last 5ish years Why are you applying for this appointment? I see this commission and a valuable way to understand our community better, including the details that strongly impact outcomes down the road. I'd like to be a part of the decisions that shape our community and to help guide it forward so that others can see the wonderful community that I see. I am a thoughtful and reasonable person, who would like to serve my community in useful and meaningful ways. This commission seems like a good way to marry my desire to understand and serve our community, with my personal skills and strengths. I do not have a special interest or specific goal in mind other than to do my best by our community so that it can thrive. Which of your personal and / or professional interests prompted you to apply for this appointment? I am currently chair of the Kitsap Public Health Board and, after serving there, have found that I am eager to contribute more to our community in similar ways. I see the planning commission as a valuable service opportunity, a good way for me to understand important issues in Bremerton, and a chance to be involved in shaping our future plans for Bremerton. Have you ever served on any other Bremerton board, commission, committee or task force? If yes, please list. Perhaps not City of Bremerton, but Bremerton/Kitsap focused - Kitsap Public Health Board, Bremerton YMCA Advisory Board, Bremerton Schools and Alumni Foundation, Bremerton School District Facilities Planning Committee Please list your qualifications for this appointment (include skills, activities, training, education): I think my biggest qualification for this appointment is the enthusiasm I have for Bremerton. After my pro swimming career (Silver medalist 2004 Olympics) I worked and lived for over a decade in Baltimore MD, where I received my PhD in Public Health (Health Policy and Management). I have had a successful career in research, which involves transferable skills such as fundraising for projects, managing large groups, interpreting data, developing and meeting specific goals, producing meaningful work as an individual and team, working with sponsors, dealing with project budgets, and operating within and with large bureaucracies/government agencies. One area of research that I work in is the topic of addressing public health rumors and the importance of placing data-informed decisions within the context of the values and beliefs of the community and communicating in ways that resonate with the stories that people use to define themselves. While I was well situated in Baltimore, I always wanted to come back to Bremerton, so when the pandemic created an opportunity to work remotely, I moved my family back to Bremerton and settled not far from where I grew up in West Bremerton. I had the opportunity to apply and be appointed to the Kitsap Public Health Board, which has been a great introduction to local issues relating to health. Being able to be chair of that board for the last two years has provided me with the opportunity to exercise my skills in leadership, decision making, running meetings on time, gathering input from all stakeholders, managing differences in opinion, and dealing with unexpected politics. Both my service to my community and my job have given me a chance to figure out the most productive ways forward even when conditions aren't perfect - most of the time, I've found that a cool head, thoughtfulness about hearing everyone's opinion, reliance on data, a willingness to be accountable for my decisions, and a firm ethical grounding are universal to successful operations across a range of issues. What are your community interests (committee, organizations, special activities)? I am or have recently been broadly involved in many of the youth sports teams in Bremerton and the county. My kids go to Crownhill and Mountain View Middle School - both Bremerton School District schools, so I am involved in what is happening in those communities as well. I mentioned the Bremerton School and Alumni Foundation above - through that, we are able to provide scholarships and classroom grants to Bremerton students and teachers, and serving as board secretary allows for close contact with the Bremerton School District. I served on the Bremerton School District Facilities Advisory Committee, which eventually led to the plan and bond that was approved by voters in 2024. The Bremerton YMCA Advisory council provides an opportunity to engage with what is happening with Bremerton facilities like the pool. It also provides an opportunity to make connections or opportunities for Bremerton residents. For example in the summer of 2022, I was able to suggest to the YMCA to become a cooling center during heat waves, which they have done ever since. Please list any accommodations you need to perform volunteer duties: None We welcome your willingness to serve Bremerton. Pursuant to the Washington Public Disclosure Act, (RCW 42.56), this form constitutes a public record and is subject to public release upon request. Prior to release, the following information may be redacted pursuant to RCW 42.56.250(3): Residential addresses, residential telephone numbers, personal wireless telephone numbers, personal electronic mail addresses, social security numbers, driver’s license numbers, identicard numbers, and emergency contact information of employees or volunteers of a public agency, and the names, dates of birth, residential addresses, residential telephone numbers, personal wireless telephone numbers, personal electronic mail addresses, social security numbers, and emergency contact information of dependents of employees or volunteers of a public agency. Applicants are considered for appointment without regard to race, color, religion, gender, national origin, sexual orientation, age, genetic information, marital or veteran status, or the presence of any disability. Updated 3/24/2020 Email not displaying correctly? View it in your browser. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: January 14, 2026 Confirm Appointment of Morgan Bellenger to the Parks & Recreation Commission COUNCIL MEETING Date: January 21, 2026 Department: Parks & Recreation Presenter: Tim Barker Phone: (360) 473-5428 SUMMARY: The Mayor is seeking confirmation for the appointment of Morgan Bellenger to the Parks and Recreation Commission to complete a current term that was vacated by Amy Waterman due to her moving out of the city. Ms. Bellenger has been a resident of Bremerton for 6 years, is a Master Gardner, and maintains a community garden plot at Blueberry Park. She has a variety of interests within the park system, including improvements needed related to accessibility. ATTACHMENTS: Application for City Boards/ Commissions/ Committee FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to confirm the appointment of Morgan Bellenger to the Parks and Recreation Commission to fill the vacancy of a term expiring September 29, 2026. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 A2 Application for City Boards / Commissions / Committee Date 10/17/2025 First Name Morgan "Alex" Middle Name Alexandra Last Name Bellenger Home Phone 111111111111111 Address1 111111111111111 Address2 Field not completed. City Bremerton State WA Zip 98312 Occupation Outcomes Researcher Employer ICON, plc Work Address1 Field not completed. Work Address2 Field not completed. City Field not completed. State Field not completed. Zip Field not completed. Work Phone Field not completed. Fax Field not completed. Email 111111111111111 Education BA in Anthropology, California State University, Northridge MA in Applied Anthropology, California State University, Long Beach MPA in Public Policy and Administration, California State University, Long Beach Local References Tawny Sanabria, (253) 261-3789 Cheri McCorkle, (360) 801-0280 I am interested in serving: Parks and Recreation Commission Is this an application for reappointment? No How long have you lived in Bremerton 6 years Why are you applying for this appointment? Since moving to Bremerton, I have visited many of Bremerton’s parks and open spaces. I appreciate the access to public space, especially access to the waterfront. As a Master Gardener and gardener at Blueberry Park community garden, I have encountered a number of women, some of them elderly, who have not felt comfortable visiting some of the city’s and region’s parks alone due a concern for their safety. Personally, I live near Forest Ridge Park and rarely go into the park. I have witnessed (and reported) a drug deal, been followed by someone, seen the aftermath of the stolen disc golf goals, and seen stolen mail scattered around. It is a beautiful park and a great natural forested space, but the park needs to be safer. We should all be able to enjoy the city’s parks without having to worry about our safety. Additionally, some of the city’s parks and open spaces could benefit from updated facilities, like Forest Ridge Park (e.g., tennis court, playground, benches, etc.). This would bring people in, making the parks safer as a whole. Improving access to parks is also needed. For example, Blueberry Park is fairly accessible, but could benefit from a paved path going around the park instead of the current packed dirt one that floods in winter. The dirt parking lot at the Pat Carey Vista Park is also frequently flooded, making it difficult to park. Which of your personal and / or professional interests prompted you to apply for this appointment? My professional interests in public policy and my personal interests in enjoying public spaces and gardening prompted me to apply for this appointment. Have you ever served on any other Bremerton board, commission, committee or task force? If yes, please list. No, I have not served on any board, commission, or task force. Please list your qualifications for this appointment (include I have degrees in anthropology and public policy and administration. My experience is in qualitative research (i.e., conducting interviews and focus groups, data analysis, and report-writing). Additionally, I’m a Master Gardener through the skills, activities, training, education): WSU Extension and this year I was a co-lead for the gardener booth at the Bremerton Farmer’s Market at Evergreen Park. What are your community interests (committee, organizations, special activities)? I am a Master Gardener with the WSU Extension. My mother and I have a garden plot at Blueberry Park. It would be great to have another community garden on the westside, so residents of the Westside can access space to grow their own fruits and vegetables more easily. Additionally, it is one of my interests to create safe spaces for everyone to be outside and in nature and enjoy what Bremerton has to offer. Please list any accommodations you need to perform volunteer duties: I do not need accommodations to perform volunteer duties. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: January 14, 2026 Confirm Appointment of David Brittingham to the Parks & Recreation Commission COUNCIL MEETING Date: January 21, 2026 Department: Parks & Recreation Presenter: Tim Barker Phone: (360) 473-5428 SUMMARY: The Mayor is seeking confirmation for the appointment of David Brittingham to the Parks and Recreation Commission to complete a current term that was vacated by Ken Riley in 2025. Mr. Bellenger is a long-term resident of Bremerton and wants to serve the community beyond his current role as a volunteer with the Bremerton Citizen Auxiliary Patrol. As a volunteer he has had several opportunities to work within our parks and would like to connect that role with one as a commission member. ATTACHMENTS: Application for City Boards/ Commissions/ Committee FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to confirm the appointment of David Brittingham to the Parks and Recreation Commission to fill the vacancy of a term expiring September 27, 2027. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 A3 Application for City Boards / Commissions / Committee Date 10/21/2025 First Name David Middle Name Allen Last Name Brittingham Home Phone 111111111111111 Address1 111111111111111 Address2 Field not completed. City Bremerton State WA Zip 98312 Occupation Retired Employer Field not completed. Work Address1 Field not completed. Work Address2 Field not completed. City Field not completed. State Field not completed. Zip 98312 Work Phone 111111111111111 Fax Field not completed. Email 111111111111111 Education Associate’s Degree Everett Community College West High School graduate 1972 Local References Katherine Weigel 111111111111111 Debra Harrell 111111111111111 I am interested in serving: Parks and Recreation Commission Is this an application for reappointment? No How long have you lived in Bremerton Born here 1954 moved for work in 1983 moved back in 2023 Why are you applying for this appointment? Interested in servicing the community. After speaking with Katherine Weigel in depth about this opportunity I felt compelled to apply. Which of your personal and / or professional interests prompted you to apply for this appointment? I have always considered Bremerton my home and since moving back and being retired I would like to give back to the community I love. Have you ever served on any other Bremerton board, commission, No committee or task force? If yes, please list. Please list your qualifications for this appointment (include skills, activities, training, education): I have several years of managerial experience from the corporate level to owning my own construction company for 15 years. What are your community interests (committee, organizations, special activities)? I currently volunteer with the Bremerton Citizen Auxiliary Patrol. I have been doing this for over 8 months. Please list any accommodations you need to perform volunteer duties: None AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: January 14, 2026 Confirm Appointment of Joan Dingfield to the Parks & Recreation Commission COUNCIL MEETING Date: January 21, 2026 Department: Parks & Recreation Presenter: Tim Barker Phone: (360) 473-5428 SUMMARY: The Mayor is seeking confirmation for the appointment of Joan Dingfield to the Parks and Recreation Commission to serve a term which would expire on January 20, 2029. Ms. Dingfield is a long-term resident of Bremerton and previously served on the commission for 8 years. She has a lot of passion and interest in seeing the city and school district work together more collaboratively, supporting further development of Pendergast Park, and enhancing other city park facilities. ATTACHMENTS: Application for City Boards/ Commissions/ Committee FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to confirm the appointment of Joan Dingfield to the Parks and Recreation Commission to serve a 3-year term expiring January 20, 2029. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 A4 Application for City Boards / Commissions / Committee Date 11/25/2025 First Name Joan Middle Name Field not completed. Last Name Dingfield Home Phone 360-471-1007 Address1 360-471-1007 Address2 Field not completed. City Bremerton State WA Zip 98310-5039 Occupation Retired school administrator Employer Field not completed. Work Address1 Field not completed. Work Address2 Field not completed. City Field not completed. State Field not completed. Zip Field not completed. Work Phone Field not completed. Fax Field not completed. Email 360-471-1007 Education Some college approximately 100 years ago! Local References Scott Willard, director of Kitsap Homes of Compassion, 360-471-1007 Patty Lent, 360-471-1007 I am interested in serving: Parks and Recreation Commission Is this an application for reappointment? Yes If yes, how many years have you served on this commission or committee? 8 years awhile ago How long have you lived in Bremerton 30+ years Why are you applying for this appointment? I would be willing to serve as needed with a group of people to support the city in one of a few ways. I believe in both parks and schools as foundational to any city's vitality. I would love to see projects that combine both of these agencies. Which of your personal and / or professional I would like to see more development of Pendergast, the soccer fields and particularly the dog park, my interests prompted you to apply for this appointment? personal pet project (groan!). I would also like to see a new senior center in a better location, but that's not my highest priority. Have you ever served on any other Bremerton board, commission, committee or task force? If yes, please list. I was on the Bremerton Planning Commission for several years many years ago. I was involved in the founding of BKAT. I also served on the Sinclair Landing committee that orchestrated the Bremerton Transportation Center. I currently serve on the county's CDBG Capital Committee as a representative of the City of Bremerton. Please list your qualifications for this appointment (include skills, activities, training, education): Community connections and activism What are your community interests (committee, organizations, special activities)? Board member, Kitsap Homes of Compassion Paul's Flowers/Manette Antiques participant and vendor Probably the Manette Business Association, but not yet Please list any accommodations you need to perform volunteer duties: Nothing special. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: January 14, 2026 Traffic and Criminal Software Data Sharing Agreement between Washington State Patrol and Bremerton Police Department COUNCIL MEETING Date: January 21, 2026 Department: Police Presenter: Todd Byers Phone: (360) 473-5225 SUMMARY: To provide Bremerton PD with access to the W ashington State Patrol’s Traffic and Criminal Software (TraCS). ATTACHMENTS: WSP Traffic and Criminal Software Data Sharing (TraCS) Agreement Between Washington State Patrol and Bremerton Police Department FISCAL IMPACTS (Include Budgeted Amount): No fiscal impact. STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Traffic and Criminal Software Data Sharing Agreement between the Washington State Patrol and the Bremerton Police Department; 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 A5 WSP Contract No. TraCS Data Sharing Agreement Page 1 of 14 TRAFFIC AND CRIMINAL SOFTWARE DATA SHARING AGREEMENT BETWEEN WASHINGTON STATE PATROL AND Bremerton Police Department This Agreement is made and entered into by and between the Washington State Patrol, hereinafter referred to as WSP, and the Bremerton Police Department hereinafter referred to as the Agency (collectively referred to as “Party or Parties”). This Agreement is entered into under authority of the Revised Code of Washington 39.34 Interagency Agreements. PURPOSE The purpose of this Agreement is to provide the Agency listed above access to the WSP’s Traffic and Criminal Software (TraCS). This Agreement defines roles and expectations regarding the Traffic and Criminal Software (TraCS) processes data sharing and use practices, and the method for resolving technical issues. ☒ A general authority Washington law enforcement agency as defined in Section 10.93.020 of the Revised Code of Washington ☐ A limited authority Washington law enforcement agency as defined in Click or tap here to enter text. ☐ An Office of a Prosecuting Attorney as defined in Chapter 36.27 of the Revised Code of Washington ☐ An "Animal care and control agency" as defined in Chapter 16.52.011(c) of the Revised Code of Washington THEREFORE, IT IS MUTUALLY AGREED THAT: 1. DEFINITIONS As used throughout this Agreement, the following terms shall have the meanings set forth below: “AOC” means the Administrative Office of the Courts. “Confidential Information” shall mean information that may be exempt from disclosure to the public or other unauthorized persons under either Chapter 42.56 RCW (Public Records Act) or other state or federal statutes. Confidential Information includes, but is not limited to, Personal Information, agency source code or object code, and agency security data. “DOL” means the Department of Licensing. “DUI” means Driving Under the Influence. “eTRIP Committee” means the group comprised of the WTSC, WASPC, WSP, AOC, WSDOT and DOL traffic records governing entities. “Individually Identifiable Health Information” is a subset of health information, including demographic information collected from an individual and relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual, as set forth in 45 CFR 164.501 as currently enacted and subsequently amended or revised. “JINDEX” means Justice Information Network Data Exchange, an application managed by WaTech. “LASA” means Local Agency System Administrator. “NOCC” means Notice of Criminal Citation. “NOI” means Notice of Infraction. “Personal Information” means information or set of linked information identifiable to any person, including, but not limited to, information that relates to a person’s name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, e-mail addresses, credit card information, law WSP Contract No. TraCS Data Sharing Agreement Page 2 of 14 enforcement records or other identifying numbers or Protected Health Information, any financial identifiers, and other information that may be exempt from disclosure to the public or other unauthorized persons under either Chapter 42.56 RCW (Public Records Act) or other state and federal statutes. “PTCR” means Police Traffic Collision Reports. “Protected Health Information” means Individually Identifiable Health Information that is transmitted by electronic media or transmitted or maintained in any other form or medium, as set forth in 45 CFR 164.501, as currently enacted and subsequently amended or revised. “TraCS Client” means Traffic and Criminal Software. “WASPC” means the Washington Association of Sheriffs and Police Chiefs. “WaTech” means Washington Technology Solutions. “WSDOT” means the Washington State Department of Transportation. “WSP” means the Washington State Patrol. “WTSC” means the Washington Traffic Safety Commission. 2. Statement of Work The Parties to this Agreement shall furnish the necessary personnel, equipment, material, or service(s) and otherwise do all things necessary for or incidental to the exchange of data as set forth in Attachment A, Statement of Work and Data Security Requirements. 3. Period of Performance The period of performance shall commence on the date of the last signature and continue in full force and effect until terminated as provided herein. 4. Payment This is a non-financial Agreement. In no event shall either Party seek compensation from the other Party for work performed under this Agreement. 5. Records Maintenance Records and other documents, in any medium, furnished by one party to this agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. Except as outlined in this agreement or otherwise required by law, the receiving party will not disclose or make available this material to any third party without first giving notice to the furnishing party at least fifteen days in advance of the disclosure. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. 6. Confidentiality Except as set forth herein or otherwise required by law, the use or disclosure by either Party of any information concerning the other Party for purposes not directly connected with the administration of responsibilities for the services provided under this agreement is prohibited. Each Party shall maintain all information which the other Party specifies in writing as Confidential Information to the extent consistent with Washington State or federal law. The Agency shall have an appropriate agreement with its employees and all others with access to the system to this effect. 6.1 Safeguarding of Confidential Information: Each Party shall not use or disclose Confidential Information in any manner that would constitute a violation of federal or Washington State law. Each Party agrees to comply with all applicable federal and state laws and regulations, as currently enacted or revised, regarding data security, personal information, and electronic data interchange of Confidential Information. Each Party shall protect Confidential Information collected, used, or acquired in connection with this Agreement, against unauthorized use, disclosure, modification, or loss. Except as otherwise required by law, each Party shall ensure their directors, officers, employees, subcontractors, or agents use it only for the purposes of accomplishing the services set forth in this Agreement. Each Party and all other WSP Contract No. TraCS Data Sharing Agreement Page 3 of 14 authorized users with access to the system agree not to release, divulge, publish, transfer, sell, or otherwise make it known to unauthorized persons. Additional authorized users may be added to the system or may receive data upon execution of a data sharing agreement between the Parties, the execution of which shall require WSP advanced approval. Each Party agrees to implement physical, electronic, and managerial policies, procedures, and safeguards to prevent unauthorized access, use, or disclosure. The Contractor shall make corrections or amendments to the Personal Information as directed by WSP and incorporate those changes into all the copies maintained by the Contractor or their Subcontractors. Each Party reserves the right to monitor, audit, or investigate the use of Confidential Information collected, used, or acquired by the other party through this Agreement. The monitoring, auditing, or investigating may include, but is not limited to, Salting. “Salting” is the act of introducing data containing unique but false information that can be used later to identify inappropriate disclosure of data. Each Party shall notify the other Party in writing within 24 hours upon becoming aware of any unauthorized access, use, or disclosure. Each Party shall take necessary steps to mitigate the harmful effects of such use or disclosure. The Party whose data has been subject to any unauthorized access, use, or disclosure, is financially responsible for notification of the unauthorized access, use, or disclosure. The details of the notification must be approved by the other Party. Each Party agrees to defend, protect, and hold harmless the other party for any damages related to unauthorized use or disclosure by their officers, directors, employees, Subcontractors, or agents. Any breach of this clause may result in termination of the Agreement, suspension of on-line access accounts, or the demand for return of all confidential information. 6.2 Release of Records to State Agencies The WSP may release records to the WTSC for carrying out the purpose, powers, and duties of the WTSC as defined in RCW 43.59. The WSP may release records to other state agencies with an authorized purpose for receiving records upon request. The WSP will maintain data sharing agreements with external agencies receiving records governed by this agreement. 6.3 Release of Records for Human Subjects Research “Research” means a systematic investigation, including research development, testing, and evaluation, designed to develop or contribute to generalizable knowledge. Release of confidential records for research shall comply with state and federal human research review processes, as implemented by the Washington State Institutional Review Board. 7. Keep Washington Working / Immigration Law Under Washington law, the WSP and its personnel are generally prohibited from enforcing federal immigration law. See RCW 10.93.160. Neither WSP nor any of its employees may contract in any way to provide civil immigration enforcement assistance. The purpose of this addendum is to make clear that the parties interpret the attached agreement as consistent with the Washington law, including RCW 10.93.160, in that WSP and its personnel shall not engage in any acts proscribed by Washington law. Consistent with RCW 10.93.160 and Washington Executive Order 17-01, the parties to this agree not to use or share any information obtained from the WSP, its systems, or its personnel, with any third parties to support or engage in civil immigration enforcement activities. 8. Directive 22-12 Reproductive Health Care Rights Prohibiting cooperation or assistance with out-of-state abortion and other reproductive health care investigations, prosecutions, or other legal actions Pursuant to the provisions of RCW 9.02.110, RCW 9.02.120, and the Governor’s Directive 22-12 dated June 30, 2022, the WSP is generally prohibited from cooperating with or providing assistance to out-of- state abortion and other reproductive health care investigations, prosecutions, or other legal actions. Neither WSP nor any of its employees or subdivisions may contract in any way to provide civil or criminal cooperation or assistance with abortion and other reproductive health care investigations, WSP Contract No. TraCS Data Sharing Agreement Page 4 of 14 prosecutions or other legal actions, including through agreements for task force participation, mutual aid, data sharing, communications dispatch, or any other agreement that shares resources and/or provides data as described herein. WSP shall not use or share WSP resources and/or data, including any individuals’ personal information ascertained by the WSP or its personnel, with any third parties to support or engage in abortion or other reproductive health care investigations, prosecutions, or other legal actions. Therefore, to comply with Governor’s directive 22-12 and applicable statutes, the Agency shall not use or share WSP resources and/or data, including any individuals’ personal information ascertained by the WSP or its personnel, with any third parties or to support or engage abortion or other reproductive health care investigations, prosecutions, or other legal actions. The prohibition on information sharing includes place of birth, present location, release date from detention, if applicable, reproductive health care history, and family members’ names, absent a court order, judicial warrant, except as may be required by the Public Records Act (PRA), chapter 42.56 RCW. Incidents of disclosure of such personal information shall be considered a breach of this agreement and shall be reported to a designated WSP official. 9. Data Retention Notification WSP will notify Agency when data sets have met the WSP requirements for destruction and provide Agency 14 (fourteen) days to export any data that they own before WSP submits a destruction request. 10. Independent Capacity The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. WSP staff providing services under the terms of this Agreement shall be under the direct command and control of the Chief of WSP or designee and shall perform the duties required by this Agreement in a manner consistent with WSP policy and regulations, applicable state and local laws, and the Constitutions of the State of Washington and the United States. The assignment of personnel to accomplish the purpose of this Agreement shall be at the discretion of the Chief of WSP or designee. 11. Agreement Alterations and Amendments This agreement may be amended or altered upon execution of a written mutual agreement of the Parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 11.2 Changes to the points of contact information may be provided in writing by email to the other Party within 10 days of any such change and enter into a written amendment to memorialize such change. 11.3 Without need for written amendment, in its sole discretion, the WSP may require changes in data formats, report forms and other business rules. The Agency will be notified when any changes or updates to these requirements occur, and the Agency shall comply with any such changes. 11.4 WSP shall advise the Agency of any changes to Attachment C, eTRIP Committee Training within five (5) business days of the change taking affect, without need for written amendment. 12. Termination Either party may terminate this Agreement upon 30 days' prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement before the effective date of termination. 13. Disputes If a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, WSP Contract No. TraCS Data Sharing Agreement Page 5 of 14 agreement terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either party may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor’s process will control. 14. Governance This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington, and any applicable federal laws and WSP policy. The provisions of this Agreement shall be construed to conform to those laws and policy. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute, rule, or policy, the inconsistency shall be resolved by giving precedence in the following order: 1. The terms of this Agreement 2. Applicable state and federal statutes, rules, and WSP policy; 3. Statement of work; and 4. Any other provisions of the agreement, including materials incorporated by reference. 15. Assignment The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part. 16. Waiver A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a written amendment executed between the parties. 17. Hold Harmless To the extent allowable by law, each Party shall defend, protect, and hold harmless the other Party from and against all claims, suits and/or actions arising from any negligent or intentional act or omission of that Party’s employees, agents, and/or authorized subcontractor(s) while performing under this Agreement. 18. Rights of Inspection Each party shall provide right of access to the other party, its officers, or any other authorized agent or official of the state or federal government at all reasonable times, in order to monitor and evaluate the following: Performance, compliance, or quality assurance of internal policies and procedures, or records relating to the safeguarding, use, and disclosure of Confidential Information obtained or used as a result of this Agreement. Each party shall make available information necessary for the other party to comply with a client's right to access, amend, or receive an accounting of disclosures of their Confidential Information. 19. Subcontracting Subcontractors are not anticipated under this Agreement. However, if Agency desires to subcontract any of the services herein, it must first obtain approval from the WSP. Consent shall not be unreasonably withheld. This clause does not include contracts of employment between a party and their personnel who have been assigned to work under this Agreement. Each party is responsible for ensuring that all terms, conditions, assurances, and certifications set forth in this Agreement are carried forward to any subcontracts. “Subcontractor" means one not in the employment of a party to this Agreement, who is performing all or part of those services under this contract under a separate contract with a party to this Agreement. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. 20. Severability If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. WSP Contract No. TraCS Data Sharing Agreement Page 6 of 14 21. Termination of Access Each party may at its discretion disqualify an individual authorized by the other party from gaining access to data. Termination of access of one individual by either party does not affect other individuals authorized under this Agreement. 22. Filing Requirements This Contract may be required to be filed with the Department of Enterprise Services pursuant to Chapter 39.26 RCW. No contract so filed is effective nor shall work commence under it until the tenth (10th) working day following the date of filing subject to DES approval. 23. Governing Law This Contract shall be governed in all respects by the laws of the State of Washington. The jurisdiction for any action hereunder shall be the Superior Court for the State of Washington. The venue of any action hereunder shall be in the Superior Court for Thurston County, State of Washington 24. Antidiscrimination - SB 5186 25.1 Nondiscrimination Requirement. During the term of this Agreement, Agency shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, Agency shall give written notice of this nondiscrimination requirement to any labor organizations with which Agency has a collective bargaining or other agreement. 25.2 Obligation to Cooperate. Agency shall cooperate and comply with any Washington state agency investigation regarding any allegation that Agency has engaged in discrimination prohibited by this Agreement pursuant to RCW 49.60.530(3). 25.3 Default. Notwithstanding any provision to the contrary, WSP may suspend Agency may upon notice of a failure to participate and cooperate with any state agency investigation into alleged discrimination prohibited by this Agreement pursuant to RCW 49.60.530(3). Any such suspension will remain in place until WSP receives notification that Agency is cooperating with the investigating state agency. In the event Agency is determined to have engaged in discrimination identified at RCW 49.60.530(3), WSP may terminate this Agreement in whole or in part, and Agency may be referred for debarment as provided in RCW 39.26.200. Agency may be given a reasonable time in which to cure this noncompliance, including implementing conditions consistent with any court-ordered injunctive relief or settlement agreement. 25. Supplier Diversity This contract Is not subject to Subcontractor Payment Reporting. 26. Agency Contacts The below-listed Contacts for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. The Contacts for the Agency are: The Contacts for the WSP are: Aaron Elton, Patrol Captain (Data Sharing Agreement Issues) Bremerton Police Department 1026 Burwell Street Bremerton, WA 98337 Phone: 360 473-5396 Email: aaron.elton@ci.bremerton.wa.us Debra Peterman, TraCS Program Manager Washington State Patrol PO Box 42622 Olympia WA 98504-2622 Phone: 253-753-8285 E-Mail: debbie.peterman@wsp.wa.gov Jamie Ralkey, TraCS Support Specialist (Technical Issues and Change Requests) Phone: 360-705-5999 E-Mail: TraCS@wsp.wa.gov WSP Contract No. TraCS Data Sharing Agreement Page 7 of 14 27. Public Disclosure The Agency acknowledges that WSP is subject to Chapter 42.56 RCW and that this contract shall be a public record as defined in the Public Records Act. Any specific information claimed by the Agency to be proprietary information must be clearly identified as such. To the extent consistent with Chapter 42.56 RCW, the WSP shall maintain the confidentiality of all such information marked as proprietary information. If a public records request is received pursuant to Chapter 42.56 RCW for documents related to this agreement, the WSP will give the contractor ten days' written notice at the Agency’s last known address before releasing any documents the Agency has marked as proprietary information. It is the Agency's responsibility to take legal action to obtain an injunction prior to the expiration of the ten days' notice. The Agency will indemnify, defend, and hold harmless the WSP for release of documents related to this contract as required by law. Nothing contained in this Section or any other portion of this agreement affects or modifies the WSP's obligation to disclose public records under Chapter 42.56 RCW or other applicable law. If the Agency receives a public records request under Chapter 42.56 RCW for any records containing Data subject to this Agreement, Agency agrees to notify the WSP RMD Public Records Officer within five (5) business days and to follow the procedure set out in this section before disclosing any records. The WSP Public Records Officer can be contacted at pubrecs@wsp.wa.gov. The Agency must provide a copy of the records with proposed redactions to WSP within the time frame required by WSP. WSP will respond within ten (10) business days of receipt of the redacted records to identify concerns with disclosure of the records, propose any changes to the Agency’s redactions, or request more time if needed. If the Agency disagrees with any of WSP’s concerns or proposed changes, the Agency must notify WSP of that disagreement and provide WSP with a minimum of fifteen (15) business days to obtain a restraining order or injunction under RCW 42.56.540 before disclosing any records. 28. Force Majeure Neither Party shall be liable to the other or deemed in default under this Agreement if and to the extent that such Party's performance of this contract is prevented by reason of force majeure. The term "force majeure" means an occurrence that is beyond the control of the Party affected and could not have been avoided by exercising reasonable diligence. Force majeure shall include acts of God, war, riots, floods, epidemics, or other similar occurrences. Notification: If either Party is delayed by force majeure, said Party shall provide written notification within forty-eight (48) hours. The notification shall provide evidence of the force majeure to the satisfaction of the other Party. Such delay shall cease as soon as practicable and written notification of same shall be provided. The time of completion shall be extended by contract modification for a period of time equal to the time that the results or effects of such delay prevented the Party from performing in accordance with this contract. Rights Reserved: The state reserves the right to cancel the Agreement during the time of force majeure, and Agency shall have no recourse against WSP. 29. Electronic Signatures A signed copy of this document or any other ancillary document transmitted by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this document or such an ancillary document for all purposes. Approved signatures shall include wet ink scanned signatures, or certified electronic signatures. Uncertified electronic signatures are not considered valid signatures and shall not be accepted by the WSP. WSP Contract No. TraCS Data Sharing Agreement Page 8 of 14 30. All Writings Contained Herein This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. Notwithstanding any provision to the contrary, in no event shall any unilateral documents such as 'click-through agreements,' software or web-based application terms and conditions, or any other unilateral agreement not specifically incorporated herein modify the terms and conditions of this Contract. IN WITNESS WHEREOF, the parties have executed this Agreement. STATE OF WASHINGTON Bremerton Police Department STATE OF WASHINGTON WASHINGTON STATE PATROL Signature Date Signature Date Name: Aaron Elton Name: Heather Anderson Title: Patrol Captain Title: IT Division Commander WSP Contract No. Attachment A Statement of Work Data Security Requirements TraCS Data Sharing Agreement Page 9 of 14 The Agency shall furnish the necessary personnel, equipment, material, or services and otherwise do all things necessary incidental to the performance of work as set forth below. This Attachment documents the security requirements for transferring, accessing, and protecting WSP’s network or data shared under the terms of this Agreement. 1. Description of Data TraCS has two primary parts: Part One: The TraCS Client application is used by law enforcement officers and prosecutors across the state of Washington to collect data and to create, print, and file electronically NOI/NOCC, PTCR, DUI Arrest Reports, Warnings/Correction Notices, Tow/Impound Forms, and Marine Law Enforcement Vessel Inspection and Warning forms. Part Two: The second part is all the eTRIP Committee partner agency applications that receive and process the data collected on the NOI/NOCC, PTCR, DUI Arrest Reports, Warnings/Correction Notices, Tow/Impound Forms, and Marine Law Enforcement Vessel Inspection and Warning forms either through TraCS (or on paper forms). 2. Agency Responsibilities The Agency certifies that it operates computers to create or review NOI/NOCC, PTCR, DUI Arrest Reports, Warnings/Correction Notices, Tow/Impound Forms, and Marine Law Enforcement Vessel Inspection and Warning forms pursuant to federal, state, and local requirements using TraCS Client. Under this Agreement the responsibilities of the Agency are: A) The Agency shall designate LASA as the primary contact for TraCS and who will receive TraCS Administrator training. The LASA shall: • Accept modifications to the TraCS Client; • Document and submit recommendations for modification of TraCS via the change request process; • Manage the connection(s) needed to move data between the TraCS Client to the TraCS database; • Provide support for Agency users and reviewers; • Update required Agency processes with the parameters of TraCS. • Contact WSP Information Technology Division Customer Services to initiate a work order for problem resolution and tracking. B) Agency support staff will install TraCS Client software on Agency-owned equipment. The Agency will not share the TraCS Client with others. C) The Agency will adhere to the TraCS application standards for the computing environment as published by WSP. The Agency will make its electronic reporting equipment and system secure and prevent unauthorized use. The Agency will ensure Agency equipment maintains current virus checking software. If the Agency equipment becomes infected, the Agency will take all necessary steps to remove the virus and ensure the virus is not transmitted to the TraCS server located at and maintained by WSP. D) Agency users and reviewers will transfer PTCRs, NOIs, and NOCCs electronic records regularly and promptly. All Agency users and reviewers will adhere to the training program. E) The Agency will be responsible for all required hardware and software purchased for the Agency use of the TraCS Client application and the transmittal of electronic records to WSP, including Agency personnel, operating, maintenance, and data transmission costs. Any costs associated with the Agency interfacing with the TraCS database through JINDEX will be the responsibility of the Agency. WSP Contract No. Attachment A Statement of Work Data Security Requirements TraCS Data Sharing Agreement Page 10 of 14 3. WSP Responsibilities a. WSP will provide TraCS Client software to the Agency at no charge. Maintenance of the TraCS Client application is provided by a 3rd party vendor Technology Enterprise Group, Inc. (TEG) and the WSP, including maintaining TraCS baseline code, compliance with the business rules, data formats, and standardized forms. WSP will provide a secure environment for electronic data; and retain this data according to federal and state laws and regulations. WSP will also provide the Agency with any evasive action required to protect the TraCS computing environment from significant risk. b. WSP will create LASA Accounts; train the LASA; and assist the LASA in administration of agency accounts. c. WSP will provide a change request/control process via the ServiceNow application; coordinate change requests describing issues or enhancements through the eTRIP Committee; and provide notification of application modifications. d. WSP will transmit NOIs and NOCCs to AOC; and transmit PTCRs to WSDOT and DOL via the JINDEX application. e. WSP reserves the right to review and approve Agency equipment security measures; and to suspend or withhold service until such matters are corrected to the reasonable satisfaction of WSP. This includes validation of current virus checking software packages. f. WSP will support eTRIP Committee sanctioned training. g. WSP Information Technology Division Customer Services will provide first level telephone support twenty-four (24) hours-a-day, seven (7) days-a-week to assist the Agency in resolving problems with the TraCS application. This support is limited to resolutions for routine questions on the TraCS Client application and processes, including troubleshooting and password resets, and using pre-defined policies and procedures. Items not immediately resolved by WSP/ITD/CSU will be escalated to the WSP/ITD/TraCS Support; this higher level of support is provided during regular business hours, Monday through Friday. Data provided within the context of this Agreement may be confidential, private or may contain sensitive details about PTCRs, notice of infractions (NOI), and notice of criminal citations (NOCC). 4. Use of Data Except as otherwise outlined in this agreement or required by law, the data provided by either party shall be used and accessed only for the limited purposes of carrying out activities pursuant to this Agreement as described herein. The data shall not be duplicated or disclosed to any third except as authorized in Section 6.1 of the Agreement. Each party shall not use the data provided for any purpose not specifically authorized under this Agreement. The party to this Agreement that receives personal information from another state agency must protect it in the same manner as the original agency that collected the information pursuant to Executive Order 00-03. 5. Rights in Data The State of Washington shall be the copyright owner, for all purposes under Title 17 U.S.C., of all data which originates from this Agreement. Data shall include, but not be limited to reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, or sound reproductions. Ownership includes the right to use, copyright, patent, register, and transfer these rights. 6. Security of Data Each party shall take due care to protect the shared data from unauthorized physical and electronic access, as described in this Agreement, to ensure the parties are in compliance with all appropriate federal laws, Criminal Justice Information Services (CJIS) Security Policy as appropriate, and WSP Contract No. Attachment A Statement of Work Data Security Requirements TraCS Data Sharing Agreement Page 11 of 14 applicable provisions of the State of Washington Office of the Chief Information Officer (OCIO) security standards. 7. Data Handling Requirements The handling requirements and protective measures for (Restricted) Confidential data while it is in motion and at rest are as follows: a. GENERAL ACCESS: Access to the TraCS System is based on business need-to-know. It is explicitly authorized by the WSP data owner to specific individuals. b. Transmission of Data: i. Electronic file transfer— Secure file transfer (encrypted) required. ii. Transmission by mail—Traceable delivery required (e.g., messenger, federal or commercial carrier, certified, return receipt mail). iii. Transmission by facsimile to a facility that is not secure is prohibited iv. Electronic Mail – Encrypted files/data attached to email required v. Portable Storage Media, e.g., CDs, DVDs, USB flash drives, tapes, etc. – Encryption Required c. Print: Store in a secured, lockable enclosure. d. Copying: Photocopying, equipment use, electronic storage devices to process the photocopied/scanned image. Any electronic storage devices in the photocopying equipment must be either wiped or destroyed upon termination of this agreement e. Media Disposal: i. Printed materials (reports and documents): Destruction is required (recycling is prohibited). Crosscut shredding of printed material is approved. The use of certified, marked, and locked bins to hold printed material until it is shredded is appropriate. ii. Removable magnetic or optical storage media (tape, diskettes, CDs): Media must be destroyed or deposited in certified bins specifically designated for magnetic media or "cleaned" using a U.S. Department of Defense-standard data cleaning program and then may be reused. Note: Inoperable electronic media must be destroyed. For example, failed hard disks are not returned to the manufacturer, but are destroyed. f. Physical Security of Data: Access to areas containing the data must be physically restricted. Data must be locked when left unattended. g. Electronic Data at Rest: If there is a need for data to be stored on any of the Recipient’s devices, the Agency must assure unauthorized access cannot take place, including but not limited to session locks with password protection when the computer is on and left unattended. Data stored on non- WSP equipment must be encrypted. h. Authentication of User Identity: i. Authentication from inside a WSP facility for the Agency staff to access internal LAN and computer systems requires user ID and password. ii. Authentication for the Agency staff from a location outside of a WSP facility requires strong authentication (e.g., digital certificates, hardware, tokens, biometrics, etc.) is required. WSP Contract No. Attachment A Statement of Work Data Security Requirements TraCS Data Sharing Agreement Page 12 of 14 i. Data Recovery: Loss of the data or equipment. Legal notification to WSP’s contract manager is required. j. Data/Media Disposal: Upon completion of work, the data collected must be destroyed or returned to WSP. Certification of Data Disposition form (Attachment D) is required. k. Systems Management: Contractor shall ensure all systems, including portable systems are maintained with all best security practices equal to WSP’s including but not limited to: • Install and maintain commercially available antivirus program • maintain current levels of security patches on operating systems • utilize firewalls • utilize FIPS 140-2 certified encryption software with proper configurations • maintain physically secure areas for information systems • monitor logs • utilize an established incident plan • report incidents involving WSP data WSP Contract No. Attachment B Data Classification and Method of Data Access TraCS Data Sharing Agreement Page 13 of 14 DATA CLASSIFICATION DECLARATION Data described in this data sharing agreement is assessed to be in the following data (confidentiality) classification: CONFIDENTIAL A data classification for data that, due to its sensitive or private nature, requires limited and authorized access. Its unauthorized access could adversely impact the agency legally, financially or damage its public integrity. RESTRICTED CONFIDENTIAL A data classification for the most sensitive medical and business data within the agency. It is confidential (as defined above); however, with a need for added protection. Its unauthorized access would seriously and adversely impact the organization, its customers, employees, or business partners. METHOD OF DATA ACCESS Method of Access/Transfer The data shall be provided by the WSP in the following format: Encrypted data on CD-ROM Encrypted electronic mail Encrypted files/data attached to electronic mail US or CMS mail Secure file transfer On-line application Network assessment Direct connection to the network –and security information to assure Client connectivity. Other: Click or tap here to enter text. Frequency of Data Exchange One time: data shall be delivered by Click or tap here to enter text. (date) Repetitive: frequency or dates Click or tap here to enter text. As available AUTHORIZED ACCESS TO DATA Access to the data is limited to individual agency staff and business partners who are specifically authorized and who have a business need-to-know. In accordance with the terms contained herein and prior to making the data available, the Agency shall notify all staff with access to the data of the use and disclosure requirements. WSP Contract No. Attachment C eTRIP Committee Training TraCS Data Sharing Agreement Page 14 of 14 1. TRAINING REQUIREMENTS a. Training courses conducted within an Agency must be coordinated with the Washington Association of Sheriffs and Police Chiefs (WASPC) TraCS Training Coordinator. b. Each agency user must attend a WASPC sponsored training course. c. WASPC will provide a course attendee to the WSP for user account creation. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: January 14, 2026 Amendment to Interlocal Cooperative Agreement with Kitsap County for Housing Incarcerated Individuals COUNCIL MEETING Date: January 21, 2026 Department: Police Presenter: Beau Ayers Phone: (360) 473-5482 SUMMARY: The City of Bremerton and Kitsap County entered into an agreement for the incarceration of prisoners on January 22, 2018 (“Agreement”), and subsequently entered into amended agreements through December 31, 2025. The 2026 daily rate has increased 5% to $214.00, from the 2025 daily rate of $204.00, per calendar day for each incarcerated individual. ATTACHMENTS: Interlocal Cooperative Agreement for Housing Incarcerated Individuals and Cover Letter from the Kitsap County Sheriff’s Office FISCAL IMPACTS (Include Budgeted Amount): $1,948.425 STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Interlocal Agreement with Kitsap County for Housing Incarcerated Individuals, 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 A6 KITSAP COUNTY SHERIFF OFFICE OF JOHN GESE 614 DIVISION ST. MS-37 • PORT ORCHARD, WASHINGTON 98366 • (360) 337-7101 • FAX (360) 337-4923 Updated 08302021 Greetings, Mayor Greg Wheeler, The new Interlocal Agreement for Housing Incarcerated Individuals (“Agreement”) is attached for your review and comment. It is effective January 1, 2026. The Agreement includes an increase in the daily bed rate, costs for the provision of medical transportation and associated security, and some additional healthcare costs as identified and defined in the Agreement. We value our partnership with our local jurisdictions and aim to provide quality services at fair costs. Kitsap County has seen substantial price increases in all jail operations. A major factor driving these costs is medical services. For instance, the 2018 contract price for jail healthcare was $2,182,125.44. Since then, costs have risen annually, with the 2026 contract price now at $6,620,318. The healthcare rates for subsequent years will be: $7,553,365 in 2027, $8,125,635 in 2028, and $8,666,429 in 2029. While the healthcare contract is mostly inclusive, there are additional expenses for some medications and third-party healthcare not covered by the contract, as well as costs for medical transport and security when services are provided outside the jail. Furthermore, expenses for food services, staffing, supplies, and other services have also increased over time. Effective January 1, 2026, the new daily bed rate will increase from $204.00 to $214.00 for each incarcerated individual. Our agency partners will also be expected to reimburse the County for the actual costs of providing transportation and security for medical transports and security for their incarcerated individuals, as identified in the Agreement. Rates will be reviewed on an annual basis, and increases will be consistent with the actual costs of providing the services in compliance with RCW 43.09.210. While we recognize that the new daily rate does present a significant increase, please note that it does not reflect all the actual costs and price increases paid by the County. Please contact Chief Penelope Sapp with any questions or proposed changes to the Agreement. Sincerely, Sheriff John Gese Kitsap County Sheriff’s Office KC-485-24-A 1 KC-485-24-A AMENDMENT TO INTERLOCAL COOPERATIVE AGREEMENT FOR HOUSING INCARCERATED INDIVIDUALS (City of Bremerton) This Amendment to Interlocal Cooperative Agreement for Housing Incarcerated Individuals (“Amendment”) is between Kitsap County, a Washington state political subdivision (“County”), and the City of Bremerton, a Washington state municipal corporation (“Agency”). WHEREAS, the parties executed KC-485-24, effective January 1, 2025 (“Agreement”), which the parties desire to amend to extend the term and increase the Daily Rate, subject to the terms and conditions of this Amendment. The parties agree as follows: 1. Term. The term of the Agreement is amended to extend to December 31, 2026, unless terminated or extended. 2. Effective Date. This Amendment is effective on January 1, 2026 (“Effective Date”). 3. Daily Rate. The Daily Rate is increased to $214.00 per calendar day for each Incarcerated Individual. 4. Terms Unchanged. Except as expressly provided in this Amendment, all other terms and conditions of the Agreement remain unchanged, in full force and effect. 5. Insurance. The Agency shall maintain, at its sole expense, all insurance coverages required in the original Agreement (KC-479-24) in the amounts adequate and customary for local government entities. The Agency shall submit an updated certificate of insurance evidencing that all required coverages are in effect through the new expiration date of this Amendment to: Kitsap County Risk Management Division, 614 Division Street, MS-7, Port Orchard, Washington 98366. 6. Counterparts/Electronic Signature. This Amendment may be executed in several counterparts, each of which shall be deemed an original, but all of which together shall constitute the same agreement. A facsimile, email, or other electronically delivered signatures of the parties shall be deemed to constitute original signatures and deemed to constitute duplicate originals. 7. Authorizations. The signatories to this Amendment represent that they have been appropriately authorized to execute it on behalf of the party they sign. No further action or approvals are necessary before executing this Amendment. DATED this day , 2025 DATED this day , 2025 CITY OF BREMERTON, WASHINGTON ________________________________ GREG WHEELER, MAYOR KITSAP COUNTY, WASHINGTON _______________________________ JOHN GESE, SHERIFF KC-485-24-A 2 DATED or ADOPTED this ____ day of _____________________, 2025. BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON _____________________________________ CHRISTINE ROLFES, Chair _____________________________________ ORAN ROOT, Commissioner ______________________________________ KATHERINE T. WALTERS, Commissioner ATTEST: ___________________________ Dana Daniels, Clerk of the Board AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: January 14, 2026 Interlocal Agreement with Kitsap County for Juvenile Detention Facilities COUNCIL MEETING Date: January 21, 2026 Department: Police Presenter: Beau Ayers Phone: (360) 473-5482 SUMMARY: Kitsap County will provide a secure facility for City of Bremerton’s juvenile offenders. ATTACHMENTS: Interlocal Agreement for Juvenile Detention Facilities Between Kitsap County and the City of Bremerton (KC-093-26) FISCAL IMPACTS (Include Budgeted Amount): ): Increase from One Hundred Fifty to Two Hundred Dollars ($200.00) per bed-day for every Juvenile confined in the Detention Facility. Per the Finance Department, $1,948,425 in the 2026 proposed budget for Care/Custody for the Kitsap County Corrections (jail), Kitsap County Juvenile Detention, and WASPC (home detention). STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Mo ve to approve Interlocal Agreement KC-093-26; 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 A7 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: January 14, 2026 Professional Services Agreement with Commonstreet Consulting, LLC for Homelessness Response Property Management Program Services COUNCIL MEETING Date: January 21, 2026 Department: Police Presenter: Aaron Elton Phone: (360) 473-5978 SUMMARY: The renewal of services agreement with Commonstreet Consulting, LLC for the provision of homelessness outreach and property management services program. ATTACHMENTS: 2026 Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount): Budgeted for 2026 STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the agreement with Commonstreet Consulting, LLC in an amount not to exceed $323,364.00; 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 A8 Page 1 of 8 Bremerton/[Common Street Consulting, LLC] [Homelessness Response Property Management Program Services 2026] Rev. 09/2021 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BREMERTON AND COMMONSTREET CONSULTING, LLC Homelessness Response Property Management Program Services The City of Bremerton (“City”) and Commonstreet Consulting, LLC (“Consultant”), referred to collectively as the “Parties,” enter into the following Agreement for professional services: I.Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated December 1, 2025, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II.Term: The City and the Consultant agree that work will include the tasks described in Exhibit A. The parties agree that the work described in Exhibit A is to begin effective, upon signing and to be completed as provided for in the work schedule for a period up to 365 days; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section X.A and VII. H of this agreement. III.Compensation: In consideration of the services provided pursuant to this modification of the original agreement, the City shall pay Consultant for 2026, according to the terms of this agreement, an amount not to exceed, Three Hundred Twenty-Three Thousand Three Hundred Sixty-Four Dollars and Zero Cents, ($323,364.00). Consultant’s charges and bills shall conform to the fee schedule attached hereto as Revised Exhibit A. A.The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED However the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Exhibit A herein and Section II. B. Additionally, the City reserves the right to limit or delay the Scope of Work as described in Exhibit A per the current 2026 appropriations limit of: Two-hundred Twelve Thousand Dollars and Zero Cents ($212,000.00). The City further warrants to use its best efforts to obtain funds to pay all payments in each subsequent fiscal period through the end of the contract Term. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Page 2 of 8 Bremerton/[Common Street Consulting, LLC] [Homelessness Response Property Management Program Services 2026] Rev. 09/2021 Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section III. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV.Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City’s employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City’s administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V.Indemnification: A.Consultant 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 except for that portion of the injuries and damages caused by the City’s sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. Page 3 of 8 Bremerton/[Common Street Consulting, LLC] [Homelessness Response Property Management Program Services 2026] Rev. 09/2021 The provisions of this section shall survive the expiration or termination of this Agreement. B.EXCEPT FOR INTENTIONAL MISCONDUCT, IN NO EVENT SHALL CONSULTANT BE LIABLE TO CITY OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT CONSULTANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR INTENTIONAL MISCONDUCT, IN NO EVENT SHALL CONSULTANT'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE GREATER OF (I) THE AGGREGATE AMOUNTS PAID OR PAYABLE TO CONSULTANT PURSUANT TO THE APPLICABLE STATEMENTS OF WORK IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (II) IF COVERAGE IS AVAILABLE, THE AMOUNT OF CONSULTANT’S APPLICABLE INSURANCE LIMITS. VI.Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-contractors. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1.Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2.Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3.Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4.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. 5.Professional Liability. insurance with limits no less than $2,000,000 per occurrence/claim. Page 4 of 8 Bremerton/[Common Street Consulting, LLC] [Homelessness Response Property Management Program Services 2026] Rev. 09/2021 Insurance is to be placed with a current A.M. Best rating of not less than A:VII. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which may 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 Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant'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 Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. If the Consultant maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits maintained by the Consultant. In the event that the Consultant employs other consultants or contractors (sub-consultants or sub- contractors) as part of the work covered by this Agreement, it shall be the Consultant’s responsibility to require and confirm that each sub-consultant or sub-contractor meets the minimum insurance requirements specified above. The Consultant shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (“GAAP”) to substantiate all billed amounts. Page 5 of 8 Bremerton/[Common Street Consulting, LLC] [Homelessness Response Property Management Program Services 2026] Rev. 09/2021 B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Seattle, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City’s sole risk. C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Seattle, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. Page 6 of 8 Bremerton/[Common Street Consulting, LLC] [Homelessness Response Property Management Program Services 2026] Rev. 09/2021 I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Notices to be sent to: Notices to be sent to: CITY: CONSULTANT: Attn: Contracts Administrator Attn: Brendan Perko City of Bremerton Commonstreet Consulting, LLC 345 6th Street, Suite 100 92 Lenora Street PMB125 Bremerton, WA 98337-1891 Seattle, WA 98121-2108_ J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant and all of Consultant’s subcontractors shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys’ Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney’s fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. P. Mutually Bound. Contractor and Subcontractor are mutually bound by the terms of this agreement. Terms of this agreement will apply to the work of any subcontractor. The Contractor shall assume toward the subcontractor all obligations and responsibilities the Owner, under this agreement, assumes toward the Contractor, and the Subcontractor shall assume toward the Contractor all obligations and responsibilities which the Contractor, under this agreement, assumes towards the Owner Page 7 of 8 Bremerton/[Common Street Consulting, LLC] [Homelessness Response Property Management Program Services 2026] Rev. 09/2021 VIII. Equal Employment Opportunity Statement: In the hiring of employees for the performance of work under this Agreement, the Consultant, its subcontractors, or any person acting on behalf of Consultant 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. IX. 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. X. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party’s sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. Page 8 of 8 Bremerton/[Common Street Consulting, LLC] [Homelessness Response Property Management Program Services 2026] Rev. 09/2021 XI. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant 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. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: CONSULTANT: CITY OF BREMERTON COMMONSTREET CONSULTING, LLC By: By: Print Name: Print Name: Kari Lowe Its: Its: CEO & Senior Project Manager Date: Date: APPROVED AS TO FORM: ATTEST: By: By: Kylie J. Finnell, Bremerton City Attorney Angela Hoover, City Clerk EXHIBIT A: Scope of Work REVISED December 1, 2025 1 City Of Bremerton Homelessness Response Property Management Program – 2026 Work Plan A.Approach Commonstreet Consulting representatives will complete a program for the City of Bremerton by providing Homelessness Response & Property Management support to the City of Bremerton’s Homelessness Response Property Management Program. Individual tasks are as follows: Reporting Commonstreet Consulting will provide the City of Bremerton’s Homelessness Response Property Management Program with management and quarterly detailed reporting of locations, site visits, trespassing, encampments, outreach service coordination, assessments, responses, monitoring, proactive measures, escorting and accompaniment, and other homelessness response and property management related information. B.Assumptions •Commonstreet Consulting representatives will work directly with the City of Bremerton’s Homelessness Response Property Management Program supervision. •Commonstreet Consulting will draft necessary documentation. •Part to Full-time work remotely. C. Responsibilities (Primary and Secondary) •When a trespass or encroachment is discovered/reported, make initial site visit to document trespass and/or conduct needs assesment and evaluate proper response (resource plan, hazardous materials cleanup, trash pickup, etc.). •Coordinate with law enforcement on removal of trespassers as necessary. •Escort/accompany City of Bremerton field workers and/or other employees to locations that may be impacted by encampments or problematic adjacent landowners. •Coordinate with private property owners and/or law enforcement, if necessary, on removal of trespassers. •Coordinate cleanup of site. •Coordinate various activities with other key departments within the City of Bremerton and it’s partners. •Coordinate all other countermeasures and proactive measures at the sites (vegetation management, site hardening, CPTED evaluations, etc.). •Establish a consistent and ongoing site monitoring and maintenance route/schedule throughout the City. •Manage and track all site, trespass, outreach, and other activities. •Track all expenses, costs, invoices, time, etc. •Track program budget and provide regular detailed reporting. •Track and evaluate effectiveness of reactive and proactive measures. •Continual research of appropriate law enforcement agency trespass agreements and procedures. •Research and make recommendations for specific details of signage (NO TRESPASSING, etc.) and signage companies. •Recommend hazardous waste cleanup, vegetation management, and site hardening companies for sub-contracting. •Perform other duties as assigned. D. Deliverables •Project updates to be determined by the City of Bremerton and agreed upon by Commonstreet Consulting. •Project tracking to be determined by the City of Bremerton and agreed upon by Commonstreet Consulting. EXHIBIT A: Scope of Work REVISED December 1, 2025 2 E. Schedule •Scope of work and budget assume a duration of (1) year of Homelessness Response and Property Management support to be extended as necessary with service to be effective no later than January 1, 2026 and expiring December 31, 2026 F. City Requirements •The City of Bremerton representatives will provide ongoing consultant support in connection with the above-described program. G. Staffing and Compensation for Services •Commonstreet Consulting’s compensation for the services in this agreement will be on a time and materials basis for a not to exceed amount of $323,364. Time & Materials Table TITLE HOURLY RATE Principal / Sr. Advisor / Program Mgr. $321.00 Sr. Project Manager $297.00 Project / Property Manager $197.00 Sr. ROW Agent $163.00 ROW Agent $131.00 Sr. Project Controls Specialist / Sr. ROW Tech $163.00 Project Controls Specialist / ROW Tech $121.00 Job Title Estimated Units (Per Month) Rate Labor Cost (1 Per Month) Estimated Labor Cost (ANNUAL) Principal / Sr. Advisor / Program Mgr. 1 hrs. $321.00 per month = $321 $3,852 Project Manager & Field Manager 17 hrs. $197.00 per month = $3,349 $40,188 Sr. Property Management & Sr. Outreach and Engagement Specialists 67 hrs. $163.00 per month = $10,921 $131,052 Property Management & Outreach and Engagement Specialists 72 hrs. $131.00 per month = $9,432 $113,184 Sr. Project Controls Specialist 8 hrs. $163.00 per month = $1,304 $15,648 Other Direct Expenses (ODE) Mileage 22 Trips (many sites) $0.70/mile 22 x 98.68 mi/trip. = 2,171mi X $0.70/mi = $1,520 $18,240 Other Direct Expenses (ODE) Printing, Job Supplies, PPE, etc. 1 Month $100.00 per month = $100 $1200 MONTHLY TOTAL $26,947 $323,364 EXHIBIT A: Scope of Work REVISED December 1, 2026 3 H. Expenses • Subject to the not to exceed amount, reasonable expenses in support of the Project may be invoiced monthly and submitted with receipts or other appropriate documentation. I. Subcontracts • Subcontractors pre-approved by the City of Bremerton may be used. Subcontracted services will be invoiced at cost plus ten percent (+10%). Commonstreet Consulting shall direct the work of all subcontractors. All subcontrating costs will be in addition to the estimate provided above. J. Project Change Management • In the event a change is identified that affects the tasks, timeline, or cost of the project, Commonstreet Consulting shall determine any schedule and cost adjustments and submit an amendment request to the City of Bremerton for review. Approved changes will be executed by both parties as a change order to the agreement. CITY OF BREMERTON, WASHINGTON COMMONSTREET CONSULTING, LLC By: _______________________ By: _________________________ Name: _______________________ Name: _Kari Lowe ________________ Title: _______________________ Title: _CEO & Senior Project Manager Date: _______________________ Date: _________________________ Classification 2026 Principal 321$ Program Manager / Sr. Advisor 321$ Sr. Project Manager 297$ Project Manager 197$ Sr. Right of Way Agent 163$ Right of Way Agent 131$ Sr. Project Control Specialist 163$ Sr. ROW Technician 163$ Project Control Specialist 121$ ROW Technician 121$ Sr. Property Management Specialist 163$ Sr. Outreach and Engagement Specialist 163$ Property Management Specialist 131$ Outreach and Engagement Specialist 131$ Terms and Conditions The above schedule of hourly rates shall be increased by five percent (5%) annually on the effective date of the contract. Services subcontracted by Commonstreet will be invoiced at cost plus ten percent (10%). CBRM.1002 - Homelessness Response Property Management Program AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Agreement with Kitsap Humane Society for Animal Control Services and Licensing Study Session Date: January 14, 2026 COUNCIL MEETING Date: January 21, 2026 Department: Financial Services Presenter: Melinda Monroe Phone: (360) 473-5306 SUMMARY: The Kitsap Humane Society provides animal control services to regional municipalities, including the City of Bremerton. The City of Bremerton and Kitsap Humane Society would like to enter into a renewal of the current Animal Control Services Contract with a 1-year term and an increase to compensation by 3.2%. ATTACHMENTS: 1) Kitsap Humane Society Animal Control Services PSA; 2) Animal Control Services City of Bremerton - Executive Summary FISCAL IMPACTS (Include Budgeted Amount: This item is included in the 2026 Non- Departmental Budget. STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Animal Control Services Agreement between the City of Bremerton and Kitsap Humane Society; 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 A9 RENEWAL OF PROFESSIONAL SERVICES AGREEMENT BETWEEN KITSAP HUMANE SOCIETY AND CITY OF BREMERTON 2026 City of Bremerton Animal Control Service Agreement 1 The City of Bremerton ("City") and the Kitsap Humane Society ("Contractor"), referred to collectively as the Parties, enter into the following Agreement for professional services. I. Scope: The Contractor shall provide the professional services defined in this Agreement and as necessary to accomplish the Scope of Work (“Scope of Services”) attached hereto as Exhibit A. The Scope of Services may be modified only pursuant to Section VII I, subsection G of this Agreement. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed and pursuant to the provisions of Chapter 7.10 of the Bremerton Municipal Code (“BMC”) entitled "Impoundment and Quarantine," as currently enacted and hereinafter amended. Applicable fees and costs for services are set forth in BMC Chapter 3.01, as currently enacted and hereinafter amended. PROVIDED, HOWEVER, the City reserves the right to prioritize Scope of Work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. II. Term: The term of this Agreement shall be one (1) year commencing on January 1, 2026 and terminating on December 31, 2026, unless otherwise earlier terminated in accordance with Section IX of this Agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Contractor the following Administrative Fee effective January 1, 2026: Year Annually: Or Monthly 2026 282,057.29 23,504.77 In addition, the contractor shall retain all licensing fees pursuant to Section 8 of Exhibit A, and all fees collected pursuant to BMC 7.10.010(e) unless otherwise agreed by the parties. The City shall pay the Contractor for costs of impoundment of animals exceeding thirty (30) days due to the Bremerton Municipal Court requiring the retention of evidence (a nimals). Such Boarding costs for impoundment beyond thirty (30) days shall be as set forth in Chapter 3.0l BMC. Cost for excessive Impoundment shall be billed as a reimbursement request and include invoicing and supporting evidence showing the start date of the animal’s impoundment, monthly associated costs and the termination date of the animal’s impoundment. In the event the Contractor finds it necessary to board the animals at other shelters for Court ordered impoundment beyond thirty (30) days, the City shall pay the Contractor for additional expenditures for veterinarian costs including medicine and lab work which will be billed separately at the Contractor's costs. The Contractor shall notify the City on the twenty fifth (25th) day if it appears Court ordered impounded animals will be sheltered for over thirty (30) days. RENEWAL OF PROFESSIONAL SERVICES AGREEMENT BETWEEN KITSAP HUMANE SOCIETY AND CITY OF BREMERTON 2026 City of Bremerton Animal Control Service Agreement 2 The Contractor shall submit monthly invoices for services in a format acceptable to the City. The City shall pay the Contractor by check within thirty (30) days of receipt of a supported invoice. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Contractor of its obligations under this Agreement. IV. Reporting: The Contractor shall provide the City both performance reporting and financial reporting. A. The Contractor shall provide the City with quarterly performance reporting of contracted services and tasks as listed below at a minimum. This reporting shall include pet licensing data such as pets licensed, and animal control statistics such as number and type of complaints received and investigated. Other specific data will be provided as requested. The City reserves the right to withhold payment if reports are not submitted in a timely basis. Performance Reporting shall include the following information at a minimum: (i) Number of Animal Control Complaints investigated. (ii) Number animals declared Potentially Dangerous (PDA) or Dangerous (iii) Number of animals presented to KHS as strays from the City of Bremerton jurisdiction. (iv) Number of stray animals picked up by Kitsap Humane Society from the City of Bremerton jurisdiction. (v) Number of animal licenses issued to City of Bremerton residents by license type B. The Contractor shall provide annually Financial Reporting no later than May 30th of the year following service. Reporting shall include: revenue collected, revenue distribution to services for provision of the animal control contract, revenue and costs incurred in administering the licensing program, a copy of Kitsap Humane Society’s fixed asset depreciation, costs of delivering animal control services and allocation of that budget to the City of Bremerton. Additionally, reporting shall include Performance reporting as listed in item A above. V. Relationship of parties: Contractor represents that it is skilled in the matters addressed in the Scope of Services and is performing independent functions and responsibilities within its field of expertise. Contractor and its personnel are independent Contractors and not employees of the City. Contractor and its personnel have no authority to bind the City or to control the City's employees and other Contractors. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-contractors of the Contractor. Contractor will be solely and entirely RENEWAL OF PROFESSIONAL SERVICES AGREEMENT BETWEEN KITSAP HUMANE SOCIETY AND CITY OF BREMERTON 2026 City of Bremerton Animal Control Service Agreement 3 responsible for its acts and for the acts of Contractor's agents, employees, representatives and sub-contractors during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Contractors to perform the same or similar work. As an independent contractor, Contractor is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Contractor or its personnel. As an independent contractor, Contractor is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Contractor. VI. Indemnification: Contractor 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, to the extent caused by contractors negligence in the performance of this Agreement, except for that portion of the injuries and damages caused by the City's gross negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VII. Insurance: The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work here under by the Contractor, its agents, representatives, employees, or sub-contractors. Before beginning work on the project described in this Agreement, the Contractor shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and2. RENEWAL OF PROFESSIONAL SERVICES AGREEMENT BETWEEN KITSAP HUMANE SOCIETY AND CITY OF BREMERTON 2026 City of Bremerton Animal Control Service Agreement 4 Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to blanket contractual, products/completed operations/broad form property damage, explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and5. 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. Insurance is to be placed with a current A.M. Best rating of not less than A:VII. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may 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 Contractor and a copy of an endorsement that is acceptable to the City, which names the City as an addi tional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Contractor'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 Contractor'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 a pplies. It shall be an affirmative obligation upon Contractor 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 five (5) days of any cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. If the Contractor maintains higher insurance limits than the minimums shown above, the City RENEWAL OF PROFESSIONAL SERVICES AGREEMENT BETWEEN KITSAP HUMANE SOCIETY AND CITY OF BREMERTON 2026 City of Bremerton Animal Control Service Agreement 5 shall be insured for the full available limits maintained by the Contractor. VIII. General Conditions: A. Reports, Audit and Information. The Contractor shall maintain all books, records, documents, and other evidence pertaining to the costs and expenses allowable under this Agreement in accordance with generally accepted accounting principles (GAAP). All such books and records required to be maintained by this Agreement shall be subject to inspection and audit by representatives of the City and/or the Washington State Auditor at all reasonable times, and the Contractor shall afford the proper facilities for such inspection and Audit Representatives of the City a nd/or the Washington State Auditor may copy such books, accounts, and records where necessary to conduct or document an audit. The Contractor shall preserve and make available all such books of accounts and records for a period of three (3) years after final payment under this Agreement. In the event that any audit or inspection identifies any discrepancy in such financial records, the Contractor shall provide the City with appropriate clarification and/or financial adjustments within thirty (30) calendar d ays of notification of the discrepancy. B. Ownership and Use of Records and Documents. Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Contractor in connection with the services performed by the Contractor under this Agreement will be safeguarded by the Contractor to at least the same extent as the Contractor safeguards like information relating to its own business. If such information is publicly available or is already in Contractor's possession or known to it or is rightfully obtained by the Contractor from third parties, Contractor shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Contractor under this Agreement may be stored at Contractor's office in Silverdale, Washington. Contractor shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Contractor pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Work Performed at Contractor's Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-contractors in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible RENEWAL OF PROFESSIONAL SERVICES AGREEMENT BETWEEN KITSAP HUMANE SOCIETY AND CITY OF BREMERTON 2026 City of Bremerton Animal Control Service Agreement 6 for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Place of Work. The Contractor shall perform the work authorized under this Agreement at its offices in Silverdale, Washington, and within the Bremerton City limits. Meetings with the City staff as described in Exhibit A, Scope of Services, shall take place at the City's offices, or at locations mutually agreed upon by the parties. E. Entire Agreement. This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. F. Severability. Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. G. Modification. This Agreement may only be modified by written instrument signed by both Parties. If the annual reporting indicates that Dangerous Animal cases within the City of Bremerton have exceeded more than 30% of the prior year's numbers, or stray and deceased animal pick-up have increased more than 50% of the prior year's numbers; then the Cit y of Bremerton and the Contractor may renegotiate the annual adjustment amount. Additionally, If Kitsap 911 increases their annual service fee beyond the annual cost in place as of the signing of this agreement, such increase will trigger allowance for modification and renegotiation of the Annual Compensation Administrative fee. Regardless of the above changes in service or Kitsap 911 fees in any year, in no case, will the renegotiated additional adjustment amount exceed 6%. H. Written Notices. All communications regarding this Agreement shall be sent to the Parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City of Bremerton Contracts Administrator City of Bremerton Financial Services 345 6th Street, Suite 100 Bremerton, WA 98337-1873 Kitsap Humane Society Executive Director 9167 Dickey Rd NW Silverdale, WA 98383-8860 I. Waiver. Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. J. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein RENEWAL OF PROFESSIONAL SERVICES AGREEMENT BETWEEN KITSAP HUMANE SOCIETY AND CITY OF BREMERTON 2026 City of Bremerton Animal Control Service Agreement 7 conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. K. Compliance with Laws. Contractor shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. L. Choice of Law and Venue. This Agreement shall be interpreted according to the laws of the State of Washington. Any Judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. M. Attorneys' Fees. In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. N. Assignment. Any assignment of this Agreement by the Contractor without the written consent of the City shall be void. O. Equal Employment Opportunity Statement. It is the policy of the City of Bremerton to offer equal employment opportunity to all individuals. The City of Bremerton will administer all actions with respect to employment practices in compliance with federal, state and local laws, and will 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. P. 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 a nd activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. IX. Nondiscrimination: Contractor shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. X. Suspension & Debarment: For contracts involving Washington State and Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any State or Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm RENEWAL OF PROFESSIONAL SERVICES AGREEMENT BETWEEN KITSAP HUMANE SOCIETY AND CITY OF BREMERTON 2026 City of Bremerton Animal Control Service Agreement 8 with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. XI. Termination: This Agreement shall remain in force until terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non-performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Contractor shall include a report showing the status of all items listed in the Scope of Work current through the termination date. A. Excusable Delays. The right of Contractor to proceed shall not be terminated nor shall Contractor be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency, 2) any acts of the City, its Contractors, or other public agencies causing such delay, and 3) causes not reasonably foreseeable by the Parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Contractor must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination. In the event of termination, the City shall pay for all services performed by the Contractor to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Contractor was contracted to perform shall be without liability or legal exposure to the Contractor. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. Signatures on following page RENEWAL OF PROFESSIONAL SERVICES AGREEMENT BETWEEN KITSAP HUMANE SOCIETY AND CITY OF BREMERTON 2026 City of Bremerton Animal Control Service Agreement 9 KITSAP HUMANE SOCIETY _____________________________ ___________________ Jamie Nocula, Interim Executive Director Date CITY OF BREMERTON: ____________________________ ___________________ Greg Wheeler, Mayor Date Approved as to form: ______________________________ Kylie Finnell, City Attorney Attest: _____________________________ Angela Hoover, City Clerk RENEWAL OF PROFESSIONAL SERVICES AGREEMENT BETWEEN KITSAP HUMANE SOCIETY AND CITY OF BREMERTON 2026 City of Bremerton Animal Control Service Agreement 10 EXHIBIT A SCOPE OF SERVICES The Contractor agrees to furnish all labor, materials, equipment, and facilities to perform the duties and services required of the official Animal Control and Humane Society of the City. Such duties and services shall include the following: 1.. Impounding Authority: The Contractor shall act as the Animal Control and Impounding Authority for the City and shall provide impound services and facilities for all animals for which impounding is authorized or ordered by the City pursuant to City ordinances. 2. Enforcement of Ordinances: The Contractor is designated as the Animal Control Authority and shall enforce all ordinances of the City including enforcement of Park Codes in City Parks now in effect or hereinafter enacted relative to the care, treatment. control, impounding, and licensing of animals and commercial animal facilities. The Contractor shall investigate complaints of animal cruelty under RCW 16.52 and violations of BMC Title 7 and refer appropriate complaints to the City for prosecution. The Chief of Police of the City shall commission animal control officers of the Contractor over the age of twenty-one (21) years as special police officers of the City with the power to enforce City Ordinances and Washington State RCWs relating to animal control only. PROVIDED, that such commission shall be conferred at the discretion of the Chief of Police and may be revoked at will by him. All commissioned Animal Control Officers shall receive basic training in animal control enforcement from the Animal Control Academy in Burien (or comparable training elsewhere). Further, the Contractor shall assist City law enforcement officers for DUI/DWI stops and/or traffic accidents involving dogs or cats. 3. Quarantine: A pet or livestock that bites and breaks the skin of any person may be impounded by the animal control authority and, if impounded, shall be quarantined for ten calendar days to determine if the animal is infected with a disease. The place of quarantine shall be established by the animal control authority. The animal control authority may, in its discretion, allow the owner of the animal to maintain the quarantine. Any boarding fees incurred during the quarantine shall be paid by the owner of the animal. During the quarantine, the animal shall not have contact or access to any person or any other pet or livestock other than with the owner of the animal or animal control authority employees. Relinquished animals may be euthanized if they present a danger to Humane Society staff, as attested by the veterinarian and behavior consultant. This provision shall not be interpreted as diminishing, reducing or eliminating any person’s duties and liabilities otherwise provided by law. 4. Injured Animals: The Contractor, while on patrol or by request, shall pick up injured domestic animals on City streets, roads, parks, and alleys. The Contractor shall provide veterinary care for such animals and will make every attempt to locate the owner. If the owner RENEWAL OF PROFESSIONAL SERVICES AGREEMENT BETWEEN KITSAP HUMANE SOCIETY AND CITY OF BREMERTON 2026 City of Bremerton Animal Control Service Agreement 11 of such animal is unknown or unavailable, the Contractor shall make such disposition of said animal as it deems necessary or appropriate according to any applicable City, County, State or other appropriate regulations. 5. Clearing of Livestock: The Contractor, on request, shall assist officers of the Bremerton Police Department in clearing the City streets and roads of livestock or any other domestic animals at large or deceased on said roads and streets. If an owner cannot be located by Police or the Contractor, the Contractor will take in stray livestock, including chickens, pigs, goats, and horses, and cows. The Contractor shall not be responsible for disposal of deceased livestock. 6. Animals brought to Shelter: The Contractor shall accept dogs, cats, and other small pets brought to the Shelter by their owners or authorized persons, PROVIDED, such animals shall have not bitten any person within the last ten (10) days so as to have broken the skin; PROVIDED FURTHER, that disposition of said animal shall be at the discretion of the Contractor. Nothing herein contained shall be construed to prevent the Contractor from charging the owner for euthanasia and/or cremation where such services are requested of the Contractor or deemed necessary. When any domestic pet being surrendered by their owners or authorized persons to the Kitsap Humane Society, the contractor may take into consideration available shelter capacity prior to acceptance. Shelter vacancy at a rate of 5% or less allows the contractor to refuse acceptance of the pet. 7. Assistance in Prosecution: The Contractor shall provide its animal control officers the necessary courtroom training to present evidence and provide testimony in the prosecution of all violations of any ordinance or statute pertaining to animals herein defined. The Contractor shall assist all officers of the City in obtaining and present ing evidence in connection with the prosecution of all violations of City ordinances pertaining to animals covered by this Agreement. The Contractor will honor all Bremerton Municipal Court Subpoenas. 8. Licensing, Marketing and Fees: The Contractor shall be responsible for issuing licenses and collecting the fees therefore for all animals for which a license is required by City ordinance, at no cost to the City. The Contractor shall be responsible for administering the City's licensing program for all animals for which a license is required by the City. All licensing fees collected by the Contractor from City of Bremerton pet owners shall be retained by the Contractor and shall be used first to cover the cost of operating and marketing the licensing program, then to help pay for the spaying and neutering of unclaimed stray pets from the City of Bremerton before they are adopted out, and lastly to help subsidize a portion of the cost of offering discounted spay or neuter surgery services to low-income residents of the City. The licensing responsibilities of the Contractor shall include: a. Issue licenses and collect fees. b. Offer City of Bremerton residents both annual and lifetime pet licensing options. RENEWAL OF PROFESSIONAL SERVICES AGREEMENT BETWEEN KITSAP HUMANE SOCIETY AND CITY OF BREMERTON 2026 City of Bremerton Animal Control Service Agreement 12 c. Offer City of Bremerton residents an on-line licensing registration option. d. Offer City of Bremerton residents chicken licenses on an annual basis and renewal. e. Send out renewal notices and reminders to pet and chicken owners via mail or online. f. Promote and market the licensing program to Bremerton residents. g. Submit monthly or quarterly reports to the City detailing licenses issued and fees collected; and h. Submit an annual report to the City identifying the total number of licenses issued; and the costs of administering the program. 9. Routine and Educational Services: The Contractor shall provide the following services of a routine and educational nature to the citizens of Bremerton: a. The Contractor shall take in all stray domestic animals found within the City of Bremerton and provide those animals with kenneling and care, including inoculations and flea treatments. Stray animals that are reported to the Contractor via the "911" Central Communications system shall be retrieved by the Contractor; in the case of multiple "911" calls, the Contractor may use its own criteria to prioritize its responses to such calls. Stray animals brought to the Contractor by City residents shall be accepted by the Contractor. The Contractor shall make reasonable attempts to contact a stray animal's owner if identifying information is found on the animal, such as a license tag, identification tag or microchip. The Contractor shall provide a redemption system to enable owners to reclaim their lost pets. b. Provide a twenty-four (24) hour lost and found pet information phone line and develop, if possible, a web site with appropriate safeguards to view animals that have been picked up as stray. c. Provide education to the public on responsible pet ownership and other animal welfare issues. Such education shall include signage showing regulatory and violation reporting information to be posted at City Parks and other public spaces. d. Provide subsidized spay and neutering surgery programs for low-income residents of the City. e. At the request of an elderly or disabled/infirmed City resident and with the permission of the property owner, the Contractor will set and retrieve trap(s) necessary to impound stray or injured domestic dogs and/or cats. f. Provide an adoption program that promotes responsible pet ownership as well as securing the spaying or neutering of animals in order to reduce population. g. Act as a resource facility for court-ordered community service . h. The Contractor shall be responsible for the removal and disposal of all dead domestic animals from the Bremerton streets, roads, sidewalks and alleyways. If the owner of such animal is unknown or unavailable, and the RENEWAL OF PROFESSIONAL SERVICES AGREEMENT BETWEEN KITSAP HUMANE SOCIETY AND CITY OF BREMERTON 2026 City of Bremerton Animal Control Service Agreement 13 Contractor has made reasonable attempts to contact the animal's owner if identifying information is found on the animal, the Contractor shall make disposition of the animal as it deems necessary or appropriate under the circumstances. 10. Emergency and 24-Hour Services: The Contractor shall perform the Scope of Services listed above during normal business hours of the Contractor; however the clearing of livestock from roadways, impoundment of injured animals, and assistance to City law enforcement officers and fire personnel during DUI/DWI stops, traffic accidents, and structural fires shall be considered an "emergency" and responded to twenty-four (24) hours a day, 365 days a year. Further, in response to calls dispatched through CENCOM 911, the Contractor will provide emergency services 24 hours a day, seven days a week, including: a. Handling injured at-large animals, including animals injured in accidents. b. Responding to unprovoked dog bites where the dog is still at large and a threat to the public. c. Providing assistance to law enforcement for search warrants, traffic stops, accidents, evictions and other essential duties. All "emergencies" shall be at the mutual discretion of the Contractor and the Bremerton Police/Fire personnel. Nothing contained herein shall require the Contractor or its agents to respond after the Contractor's normal business hours for routine animal complaints, pickups, or patrols. City of Bremerton Animal Control Services In 2024 –KHS housed 4,171 Animals Kitsap Humane Society Animal Control Services •KHS provides Animal Control Services across the Kitsap Peninsula •Their Animal Control Division has 5 staff to serve all of Kitsap County and every Municipality within the County •In 2023 & 2024 KHS completed Capital improvements to their Veterinary Center and added a barn to serve large animals and/or livestock. Contract history 2016-2020 The average annual cost was $210,202 1.96% aver. increase 2021-2023 The average annual cost was $229,721 3.33% aver. increase 2024 The annual cost was $260,296 5% increase 2025 The annual cost was $273,311 5% Increase The 10-year average annual increase is 3.09% In 2025 KHS has seen a 20% increase in costs and requested a 13.53% increase from the City of Bremerton We are proposing a 3.2% increase in 2026 or $282,057 for 1 year based on CPI •The City is not meeting the KHS full request and in 2026 they will seek an additional $28,225 from outside sources. •KHS also expects additional operational costs and changes by June of 2026. •In lieu of our typical 2 -3 year agreement and we have decided to offer a 1 -year agreement. •The City has also requested updated financials mid -year and a 3-5 year plan to address the animal control program including a funding plan by fall of 2026. Summary: •The ten-year average increase is 3.09 % •The City is maintaining an average increase based on CPI for 2026 and offering a 3.2% increase. •By fall of 2026 the City is expecting a 3-5 year program outlook and funding plan to address the increased costs and future of KHS Animal Control Services. Thank you –Questions! Melinda Monroe, Contracts Administrator 360-473-5306 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: January 14, 2026 Alternate Transportation Program Grant Agreement with the WA State Transportation Improvement Board for the Rocky Point Sidewalk project COUNCIL MEETING Date: January 21, 2026 Department: PW Operations Presenter: Ron Moore Phone: (360) 473-5333 SUMMARY: The City has been offered an Alternative Transportation Program Grant from the Washington State Transportation Improvement Board (TIB) to partially fund sidewalk installation project on Rocky Point Rd NW from Crown Hill Elementary School to Marine Drive. The project provides funding for City crews to install approximately 200 linear feet of sidewalk with curb and gutter. The project cost is estimated at $80,903. The TIB grant award will pay 79.995% of approved eligible project costs with a maximum grant of $64,722. The city match amount is $16,181. Acceptance of the grant requires execution of the Grant Agreement and completion of the Project Funding Status Form. ATTACHMENTS: 1) Grant Agreement; 2) Project Funding Status Form; 3) Site Map FISCAL IMPACTS (Include Budgeted Amount This project cost is included in the Capital Improvement Program, budgeted in the Sidewalk Program. ☐General Business ☐Public HearingSTUDY SESSION ACTION: ☐ Consent Agenda RECOMMENDED MOTION: Move to approve the Grant Agreement with the Washington State Transportation Improvement Board for the Rocky Point Sidewalk Project ;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 A10 Washington State Transportation Improvement Board P-W-152(P04)-1 Grant Agreement Fuel Tax Agreement October 2025 City of Bremerton P-W-152(P04)-1 Rocky Point Sidewalk Marine Drive to Crownhill Elementary STATE OF WASHINGTON TRANSPORTATION IMPROVEMENT BOARD AND City of Bremerton AGREEMENT THIS GRANT AGREEMENT (hereinafter “Agreement”) for the Rocky Point Sidewalk, Marine Drive to Crownhill Elementary (hereinafter “Project”) is entered into by the WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD (hereinafter “TIB”) and City of Bremerton, a political subdivision of the State of Washington (hereinafter “RECIPIENT”). 1.0 PURPOSE For the project specified above, TIB shall pay 79.9995 percent of approved eligible project costs up to the amount of $64,722, pursuant to terms contained in the RECIPIENT’S Grant Application, supporting documentation, chapter 47.26 RCW and/or chapter 47.04 RCW, title 479 WAC, and the terms and conditions listed below. 2.0 SCOPE AND BUDGET The Project Scope and Budget are initially described in RECIPIENT’s Grant Application and incorporated by reference into this Agreement. Scope and Budget will be further developed and refined, but not substantially altered during the Design, Bid Authorization and Construction Phases. Any material alterations to the original Project Scope or Budget as initially described in the Grant Application must be authorized by TIB in advance by written amendment. 3.0 PROJECT FUNDING PARTNERS The RECIPIENT anticipates receiving additional funding from the following funding partners, in the following amounts. However, in no event shall any non-party to this Agreement, even if referenced as a funding partner below, be considered a third party beneficiary to this Agreement. Funding Partners Amount Revised Funding BREMERTON 0 WSDOT 0 Federal Funds 0 Bremerton 16,181 Washington State Transportation Improvement Board P-W-152(P04)-1 Grant Agreement Fuel Tax Agreement October 2025 TOTAL LOCAL FUNDS 16,181 4.0 PROJECT DOCUMENTATION TIB requires RECIPIENT to make reasonable progress and submit timely Project documentation as applicable throughout the Project. Upon RECIPIENT’s submission of each Project document to TIB, the terms contained in the document will be incorporated by reference into the Agreement. Required documents include, but are not limited to the following: a) Bid Authorization Form with plans and engineers estimate b) Award Updated Cost Estimate c) Bid Tabulations d) Contract Completion Updated Cost Estimate with final summary of quantities e) Project Accounting History 5.0 BILLING AND PAYMENT The local agency shall submit progress billings as project costs are incurred to enable TIB to maintain accurate budgeting and fund management. Payment requests may be submitted as often as the RECIPIENT deems necessary, but shall be submitted at least quarterly if billable amounts are greater than $50,000. If progress billings are not submitted, large payments may be delayed or scheduled in a payment plan. 6.0 TERM OF AGREEMENT This Agreement shall be effective upon execution by TIB and shall continue through closeout of the grant or until terminated as provided herein, but shall not exceed 10 years unless amended by the Parties. 7.0 AMENDMENTS This Agreement may be amended by mutual agreement of the Parties. Such amendments shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. 8.0 ASSIGNMENT The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a waiver of the RECIPIENT’s other rights under this Agreement. Washington State Transportation Improvement Board P-W-152(P04)-1 Grant Agreement Fuel Tax Agreement October 2025 9.0 GOVERNANCE & VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and venue of any action brought hereunder shall be in the Superior Court for Thurston County. 10.0 DEFAULT AND TERMINATION 10.1 NON-COMPLIANCE a) In the event TIB determines, in its sole discretion, the RECIPIENT has failed to comply with the terms and conditions of this Agreement, TIB shall notify the RECIPIENT, in writing, of the non-compliance. b) In response to the notice, RECIPIENT shall provide a written response within 10 business days of receipt of TIB’s notice of non-compliance, which should include either a detailed plan to correct the non-compliance, a request to amend the Project, or a denial accompanied by supporting details. c) TIB will provide 30 days for RECIPIENT to make reasonable progress toward compliance pursuant to its plan to correct or implement its amendment to the Project. d) Should RECIPIENT dispute non-compliance, TIB will investigate the dispute and may withhold further payments or prohibit the RECIPIENT from incurring additional reimbursable costs during the investigation. 10.2 DEFAULT RECIPIENT may be considered in default if TIB determines, in its sole discretion, that: a) RECIPIENT is not making reasonable progress toward correction and compliance. b) TIB denies the RECIPIENT’s request to amend the Project. c) After investigation TIB confirms RECIPIENT’S non-compliance. TIB reserves the right to order RECIPIENT to immediately stop work on the Project and TIB may stop Project payments until the requested corrections have been made or the Agreement has been terminated. 10.3 TERMINATION a) In the event of default by the RECIPIENT as determined pursuant to Section 10.2, TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which shall be served in person, by email or by certified letter. Upon service of notice of termination, the RECIPIENT shall immediately stop work and/or take such action as may be directed by TIB. b) In the event of default and/or termination by either PARTY, the RECIPIENT may be liable for damages as authorized by law including, but not limited to, repayment of grant funds. c) The rights and remedies of TIB provided in the AGREEMENT are not exclusive and are in addition to any other rights and remedies provided by law. Washington State Transportation Improvement Board P-W-152(P04)-1 Grant Agreement Fuel Tax Agreement October 2025 10.4 TERMINATION FOR NECESSITY TIB may, with ten (10) days written notice, terminate this Agreement, in whole or in part, because funds are no longer available for the purpose of meeting TIB’s obligations. If this Agreement is so terminated, TIB shall be liable only for payment required under this Agreement for performance rendered or costs incurred prior to the effective date of termination. 11.0 USE OF TIB GRANT FUNDS TIB grant funds come from Motor Vehicle Fuel Tax revenue and other revenue sources. Any use of these funds for anything other than highway or roadway system improvements is prohibited and shall subject the RECIPIENT to the terms, conditions and remedies set forth in Section 10. If Right of Way is purchased using TIB funds, and some or all of the Right of Way is subsequently sold, proceeds from the sale must be deposited into the RECIPIENT’s motor vehicle fund and used for a motor vehicle purpose. 12.0 INCREASE OR DECREASE IN TIB GRANT FUNDS At Bid Award and Contract Completion, RECIPIENT may request an increase in the maximum payable TIB funds for the specific project. Requests must be made in writing and will be considered by TIB and awarded at the sole discretion of TIB. All increase requests must be made pursuant to WAC 479-05-202 and/or WAC 479-01-060 and/or WAC 479-10-575. If an increase is denied, the recipient shall be liable for all costs incurred in excess of the maximum amount payable by TIB. In the event that final costs related to the specific project are less than the initial grant award, TIB funds will be decreased and/or refunded to TIB in a manner that maintains the intended ratio between TIB funds and total project costs, as described in Section 1.0 of this Agreement. 13.0 INDEPENDENT CAPACITY The RECIPIENT shall be deemed an independent contractor for all purposes and the employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof shall not in any manner be deemed employees of TIB. 14.0 INDEMNIFICATION AND HOLD HARMLESS The PARTIES agree to the following: Each of the PARTIES, shall protect, defend, indemnify, and save harmless the other PARTY, its officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims, judgment, and/or awards of damages, arising out of, or in any way resulting from, that PARTY’s own negligent acts or omissions which may arise in connection with its performance under this Agreement. No PARTY will be required to indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the other PARTY. Where such claims, suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions provided herein shall be valid and enforceable only to the extent of a PARTY’s own negligence. Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim, demand and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the other PARTY only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the provisions Washington State Transportation Improvement Board P-W-152(P04)-1 Grant Agreement Fuel Tax Agreement October 2025 of the Section, the prevailing PARTY shall be entitled to recover its reasonable attorney’s fees and costs incurred from the other PARTY. The obligations of this Section shall survive termination of this Agreement. 15.0 DISPUTE RESOLUTION a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any dispute arising under or in connection with this AGREEMENT. The dispute resolution process outlined in this Section applies to disputes arising under or in connection with the terms of this AGREEMENT. b) Informal Resolution. The PARTIES shall use their best efforts to resolve disputes promptly and at the lowest organizational level. c) In the event that the PARTIES are unable to resolve the dispute, the PARTIES shall submit the matter to non-binding mediation facilitated by a mutually agreed upon mediator. The PARTIES shall share equally in the cost of the mediator. d) Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute in order to avoid delays or additional incurred cost to the Project. e) The PARTIES agree that they shall have no right to seek relief in a court of law until and unless the Dispute Resolution process has been exhausted. 16.0 ENTIRE AGREEMENT This Agreement, together with the RECIPIENT’S Grant Application, the provisions of chapter 47.26 Revised Code of Washington and/or 47.04 Revised Code of Washington, the provisions of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement between the PARTIES and supersedes all previous written or oral agreements between the PARTIES. 17.0 RECORDS MAINTENANCE The RECIPIENT shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Agreement shall be subject at all reasonable times to inspection, review or audit by TIB personnel duly authorized by TIB, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Washington State Transportation Improvement Board P-W-152(P04)-1 Grant Agreement Fuel Tax Agreement October 2025 Approved as to Form Attorney General By: Signature on file Albert H. Wang Assistant Attorney General Lead Agency Transportation Improvement Board Chief Executive Officer Date Executive Director Date Print Name Print Name Washington State Transportation Improvement Board TIB Members Chair Councilmember Sam Low Snohomish County Vice Chair Mayor Hilda González City of Granger Susan Carter Hopelink Kent Cash Port of Vancouver Barbara Chamberlain WSDOT Dongho Chang WSDOT Scott Chesney Spokane County Vicky Clarke Cascade Bicycle Club & Washington Bikes Nick Covey Link Transit Andrew Denham Town of Twisp Stephanie Forman Forman Consulting Preston Frederickson City of Walla Walla Commissioner Al French Spokane County Commissioner Scott Hutsell Lincoln County Councilmember Jon Pascal City of Kirkland Les Reardanz Whatcom Transportation Authority Mayor Kim Roscoe City of Fife Maria Thomas Office of Financial Management John Vicente City of Kenmore Jennifer Walker Thurston County Jane Wall County Road Administration Board Ashley Probart Executive Director P.O. Box 40901 Olympia, WA 98504‐0901 Phone: 360‐586‐1140 www.tib.wa.gov Investing in your local community November 21, 2025 Chance Berthiaume Interim Public Works Director City of Bremerton 100 Oyster Bay Ave. N. Bremerton, WA 98312 Dear Chance Berthiaume: Congratulations! The Transportation Improvement Board (TIB) is pleased to announce the selection of your project, Rocky Point Sidewalk, Marine Drive to Crownhill Elementary, TIB project number P-W-152(P04)-1. TIB is awarding 79.9995% of approved eligible project costs with a maximum grant of $64,722. Before any work is permitted on this project, you must complete and email the following items to your TIB engineer: Verify the information on the attached Grant Agreement Form. If necessary, revise section 3.0 Project Funding Partners. Sign and email a copy of the Grant Agreement Form to your TIB Engineer. Submit the section of your adopted Six Year Transportation Improvement Plan listing this project. TIB approval is required prior to incurring reimbursable expenses. In accordance with RCW 47.26.084, you must certify full funding by November 21, 2026, or the grant may be terminated. Grants may also be rescinded due to unreasonable project delays as described in WAC 479-05-211.05-211. If you have questions, please contact Chris Langhoff, TIB Region Engineer, at ChrisL@TIB.wa.gov. Sincerely, Ashley Probart Executive Director Enclosures AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: January 14, 2026 Contract Modification No. 3 with SCJ Alliance for the View Ridge Elementary School Safe Routes To Schools Project COUNCIL MEETING Date: January 21, 2026 Department: PW&U Engineering Presenter: Nick Ataie Phone: (360) 473-2306 SUMMARY: This contract modification (CM) with SCJ Alliance includes a change to the southern project design limits and scope allowing a more direct connection of planned active transportation improvements to the new construction View Ridge Elementary by the Bremerton School District. General scope changes include removal of improvements on Sylvan Way, 33rd St, and Spruce Ave (serving the current school location) and addition of a proposed shared-use path (33rd St to 32nd St) and sidewalk reconstruction to the new school frontage improvements (32nd St). The current contract with SCJ Alliance (originally executed 4/26/23), including previously executed CM #1 and #2 is in the amount not to exceed $934,385.00. CM #3 includes necessary field work, design, and right- of-way support to develop bid-ready plans and specifications for the adjust project scope of work in the amount of $362,550.00 for a new contract not to exceed amount of $1,296,935.00. With approval of CM #3, development of a bid-ready design is expected in late 2026 with construction estimated to begin in early 2027 – This represents a 1-year delay from the previously anticipated construction schedule. ATTACHMENTS: 1. Project Location Map 2. Contract Modification No. 3 3. Power Point Presentation FISCAL IMPACTS (Include Budgeted Amount): This project is in the Transportation Capital Fund; no budget adjustment is required for this contract modification. WSDOT grant eligible costs under this CM will be tracked and may be requested from WSDOT for reimbursement at the end of the project based on actual use of grant funds. STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Contract Modification No. 3 with SCJ Alliance for the View Ridge Elementary Safe Routes To Schools Project; 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 A11 City of Bremerton - View Ridge Elementary – Almira Drive Safe Routes to School PROJECT LOCATION MAP PROJECT LOCATION MAP Project Location Supplemental Agreement Number Organization and Address Phone: Original Agreement Number Project Number Execution Date Completion Date Project Title New Maximum Amount Payable Description of Work The Local Agency of desires to supplement the agreement entered in to with and executed on and identified as Agreement No. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: I Section 1, SCOPE OF WORK, is hereby changed to read: II Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: III Section V, PAYMENT, shall be amended as follows: as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. By: By: Consultant Signature Approving Authority Signature Date DOT Form 140-063 Revised 09/2005 City of Bremerton Shea, Carr & Jewell, Inc. (dba SCJ Alliance) 04/26/2023 6525 Provide additional engineering services which include a modification to the scope and limits of work as provided in Contract Supplement No. 003/Amendment 3 Scope of Work Exhibit. Contract Completion Date Extended to December 31, 2028. Increase in Maximum Amount Payable in the amount of $ 362,550.00 for a new Maximum Amount Payable of $ 1,296,935.00 as provided in Contract Supplement No. 003/Amendment 3 Scope of Work Exhibit. 002 LA 10497; Bremerton Contract 6525 Shea, Carr & Jewell, Inc. 2727 Hollycroft Street, Suite 230 Gig Harbor, WA 98335 253-201-0777 City Project 315055; HLP SR22(004)December 31, 2028 View Ridge Elementary - Almira Drive Safe Routes to School (Phase 1)$ 1,296,935.00 Supplemental Agreement No. 03 includes additional engineering services which include a modification to the scope and limits of work as provided in Contract Supplement No. 003/Amendment 3 Scope of Work Exhibit. Shea, Carr & Jewell, Inc. (dba SCJ Alliance)Mayor, City of Bremerton VIEW RIDGE Safe Routes to School – Phase 1 City Council Study Session January 14, 2026 Nick Ataie, P.E. – PW&U Engineering Division SCJ Contract Modification No. 3 Agenda Bill Schedule PWC Briefing: December 16, 2025 City Council: January 21, 2026 PROPOSED PROJECT SCOPE REVISION Scope Removed (Serving Current Campus) •Spot Sidewalk/ADA Improvements (Sylvan Way and Spruce Ave) •Shared-Use Path Removed (33rd St) Scope Added (Serving New Campus) •Shared-Use Path Extended (33rd St to 32nd St) •Sidewalk/ADA Improvements (Shared-Use Path to School District Planned Sidewalk Frontage Improvements) AS PRESENTED AT OCTOBER & DECEMBER PWC MEETINGS SCJ CONTRACT AMENDMENT •A contract amendment with SCJ Alliance is necessary for engineering services associated with the scope revision •The contract amendment includes additional field activities, design revisions, right-of-way updates, and public outreach support •Contract Amendment No. 3 has been negotiated at an amount not to exceed $362,550 including $50,000 in Management Reserve In December 2025, the Bremerton School District provided the City with a Letter of Support for the proposed scope change including support of a required easement on District property for construction of the planned shared-use path PROJECT FINANCIAL UPDATE Eliminated Work $1,500,000 REDUCTION Added Work $900,000 ADDITIONAL CONSTRUCTION COST $600,000 LESSUpdated Construction Added Work $362,550 ADDITIONAL DESIGN COST * Added Work $100,000 ADDITIONAL RIGHT-OF-WAY ACQUISITON COST ** Estimated Cost Impacts of Proposed Scope Revision ** Right-of-way costs assumes dedication of easement by the Bremerton School District. OVERALL ESTIMATED COST IMPACT ±$100,000 LESS The project includes grant funding through the WSDOT Safe Routes to School Program in the amount of $4.155 million dollars ** Design costs include $50,000 in Management Reserve which may be used for unforeseen design costs. HOW WILL THE SCOPE CHANGE IMPACT THE CURRENT PROJECT BUDGET? The proposed change in project scope is estimated to have an insignificant impact on overall project budget as the increase in design and right-of-way cost are offset by a reduction in construction cost PROJECT SCHEDULE UPDATE 2026 2027 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR SCJ Contract Mod #3 Approval SCJ Design Updates Updated Permitting Updated Right-of-Way Community Outreach * Bid Phase Award Phase Begin Construction ** Estimated Project Delivery Schedule for Proposed Scope Revision (±1 Year Delay) * Community outreach may include a formal project open house and/or information sharing at a City Council District meeting. There is no anticipated specific community input requested due to the proposed scope revision. ** Construction duration is estimated at 8 months with a tentative completion date of November 2027. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: January 14, 2026 Public Works Agreement with American West Construction LLC for the Mezzanine Addition/Streets Office Improvements Project COUNCIL MEETING Date: January 21, 2026 Department: PW&U Presenter: Matt Donleycott Phone: (360) 473-2316 SUMMARY: Requests for proposals were advertised for the expansion of the existing mezzanine and the construction of a dedicated office and breakroom for Streets Department staff at the Public Works Building located at 100 Oyster Bay Avenue. American West Construction LLC of Gig Harbor, Washington submitted the lowest responsive bid. The department requests approval of the bid award to American West Construction LLC in the amount of $310,935.81. ATTACHMENTS: 1Public Works Agreement 2) Bid Proposal from American West Construction LLC 3) Bid Tabulation form FISCAL IMPACTS (Include Budgeted Amount): Bid amount is $310,935.81 including WSST. This project is included in the 2025/2026 budget STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to award the contract with American West Construction LLC for the construction of the Mezzanine addition/ Streets Office Improvements Project; 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 11/09/2021 A12 City of Bremerton 9/10/2025 Mezzanine Addition & Streets Office Improvements Project PUBLIC WORKS AGREEMENT THIS AGREEMENT is entered into between the City of Bremerton, a Washington Municipal Corporation (“City”), and American West Construction LLC (“Contractor”), whose mailing address is 3118 Judson St, Ste. 190, Gig Harbor, WA 98335. The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City as described in the contract documents titled “Mezzanine Addition/ Street Office Improvements.” Work includes but is not limited to supply and construction work for the interior improvements, new crew office, rated deck mezzanine for added storage. New structural, mechanical, and architectural improvements including HVAC, Electrical, Communications/ data and lighting. See attached tenant improvement plans for full scope. The bid documents as submitted are made a part of the contracted documents and shall govern all the work. 2. TIME OF COMPLETION. Contractor shall complete the work within 120 calendar days from the date of issuance of the City’s Notice to Proceed. CITY and the CONTRACTOR recognize that time is of the essence for this Agreement and the CITY will suffer financial loss if the WORK is not completed within the time specified. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring such proof, the CONTRACTOR shall pay the CITY liquidated damages in the amount of $500 per calendar day after 120 calendar days until the date of Substantial Completion. 3. COMPENSATION. The City shall pay the Contractor the total amount of $_________310,935.81_______, for the work and services contemplated in this agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City payment shall not constitute a waiver of the City’s right to final inspection and acceptance of the project. A. Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor shall provide the City a performance bond for the full contract amount to be in effect until thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Retainage. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of thirty (30) Commented [MD1]: Mychael, is this what you had in mind for language in the PWA about liquidated damages? Commented [MR2R1]: Yes, this is exactly it. City of Bremerton 9/10/2025 Mezzanine Addition & Streets Office Improvements Project days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this agreement; and extra work and materials furnished without the City’s written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor 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 Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL PRECLUDE ALL CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor 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 Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub-contractors. 5. 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 Contractor’s refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor’s failure to complete the work within the time specified in this agreement. City of Bremerton 9/10/2025 Mezzanine Addition & Streets Office Improvements Project C. The Contractor’s failure to make full and prompt payment to sub- contractors or for material or labor. D. The Contractor’s persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor’s filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this agreement for good cause, the Contractor shall not receive any further monies due under this agreement until the Contract work is completed. 6. PREVAILING WAGES. Contractor 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 and corresponding “Affidavit of Wages Paid”. Contractor 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. Contractor will be required to pay Kitsap County Prevailing Wage Rates current on the bid opening date. The Kitsap County rates are available at the Department of Labor and Industries website. 7. CHANGES. The City may issue a written work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City’s project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor’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 Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving a written work change directive or change order from the City. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor 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: City of Bremerton 9/10/2025 Mezzanine Addition & Streets Office Improvements Project a. The date of the Contract’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 Contractor is asserting a schedule change or disruption. The Contractor 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 Contractor’s records needed for evaluating the protest. 3. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Contractor’s Duty to Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor’s Acceptance of Changes. The Contractor 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 Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written order (including directions, instructions, interpretations, and determination). City of Bremerton 9/10/2025 Mezzanine Addition & Streets Office Improvements Project F. Liens. In the event that there are any liens on file against the City of Bremerton, the City of Bremerton shall be entitled to withhold final or progress payments to the extent deemed necessary by the City of Bremerton to properly protect the outstanding lien claimants until proper releases have been filed with the City Clerk 8. CLAIMS. The Contractor 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 Contractor 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 Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor’s written claim must include the information set forth regarding protests in Section 7.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. Contractor 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. Notices to either party shall be sent to the below contacts and addresses Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: ___ Matt Donleycott ____ 345 6th Street, Suite 100 ___ Bremerton, WA 98337 ___ (360) 473-2316 ___ 9. WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the City’s acceptance of the Contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. City of Bremerton 9/10/2025 Mezzanine Addition & Streets Office Improvements Project 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officer, 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, except for injuries and damages caused by the City’s sole negligence. The City’s inspection or acceptance of any of Contractor’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 Contractor and the City, its officials, employees, agents and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR’S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE 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. 11. INSURANCE. The Contractor 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 Contractor, its agents, representatives, employees or sub-contractors. Before beginning the work on the project described in this agreement, the Contractor 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 but not be limited to: blanket contractual; products/completed operations/broad from property damage; explosion, collapse and underground (XCU) if applicable; and C. Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate; and City of Bremerton 9/10/2025 Mezzanine Addition & Streets Office Improvements Project 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. . Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor’s insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473- 5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City reserves the right to receive a certified copy of all the required insurance policies. In the event that the Contractor employs other contractors (sub-contractors) as part of the work covered by this Agreement, it shall be the Contractor’s responsibility to require and confirm that each sub-contractor meets the minimum insurance requirements specified above. The Contractor shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. 12. MISCELLANEOUS. A. Equal Employment Opportunity Statement. In the hiring of employees for the performance of work under this Agreement, the Contractor, its subcontractors, or any person acting on behalf of Contractor shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. B. 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 City of Bremerton 9/10/2025 Mezzanine Addition & Streets Office Improvements Project 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. C. Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. D. Work Performed at Contractor’s Risk. Contractor 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 Contractor’s own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect F. 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 Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. G. Attorney’s Fees. To the extent not inconsistent with RCW 39.04.240, 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 10 of this agreement. H. Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. I. Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. J. 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 Contractor. K. Severability. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity City of Bremerton 9/10/2025 Mezzanine Addition & Streets Office Improvements Project of the remaining portion of this agreement and the remainder shall remain in full force and effect. L. 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. M. Mutually Bound. Contractor and Subcontractor are mutually bound by the terms of this agreement. Terms of this agreement will apply to the work of any subcontractor. The Contractor shall assume toward the subcontractor all obligations and responsibilities the Owner, under this agreement, assumes toward the Contractor, and the Subcontractor shall assume toward the Contractor all obligations and responsibilities which the Contractor, under this agreement, assumes towards the Owner. \ N. Solicitation of Minority Business. Per RCW 35.22.650, Contractor agrees that the contractor shall actively solicit the employment of minority group members. Contractor further agrees that the contractor shall actively solicit bids for the subcontracting of goods or services from qualified minority businesses. Contractor shall furnish evidence of the contractor's compliance with these requirements of minority employment and solicitation. Contractor further agrees to consider the grant of subcontracts to said minority bidders on the basis of substantially equal proposals in the light most favorable to said minority businesses. The contractor shall be required to submit evidence of compliance with this section as part of the bid. IN WITNESS WHEREOF, the parties below have executed this agreement. CONTRACTOR THE CITY OF BREMERTON _______ _______ Print Name: Print Name: Title: Title: City of Bremerton 9/10/2025 Mezzanine Addition & Streets Office Improvements Project DATE DATE APPROVED AS TO FORM: Kylie J. Finnell Bremerton City Attorney ATTEST: Angela Hoover, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Public Works Agreement (short form) Rev. 08 2022.doc END OF PUBLIC WORKS AGREEMENT 1. 2. BID AND ACKNOWLEDGEMENT OF ADDENDA The undersigned Bidder proposes and agrees, if this Bid is accepted, to execute the Public Works Agreement with the City of Bremerton to perform the WORK as specified or indicated in said Bid Documents entitled "Mezzanine Addition & Streets Office Improvements.n ff he Public Works Agreement executed (attached herein for reference) shall contain no substantial alterations from the City's standard terms and conditions contained herein. By submitting a response, Bidder represents that they have carefully read the terms and conditions of this Agreement and agrees to be bound by them. The City reserves the right to reject and deem non - responsive any proposed modifications to the Public Works Agreement which are not approved by the City Attorney's Offic~ Bidder accepts all of the terms and conditions of the Bid Documents . 3. Bidder 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 Numbe r: eaz o,;_ Date: l t J 07 /w,s -:Z r-> P✓~✓ --------- 4. Bidder has familiarized itself with the nature and extent of the Bid Documents, WORK, site, locality where the WORK is to be performed, the legal requirements (federal, state and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress or performance of the WORK and has made such independent investigations as Bidder deems necessary. To all the forego ing. and including all Bid Forms contained in this Bid, said Bidder further agrees to complete the WORK 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. Commented [MRS]: \, Dated : ----~-Company Name : Awt ~; CCn, l\Jes -t C &>n.5-h-u-d-~ (M._ By, ~ • Title, Ot,;>l),e-1"' (Signature) City of Bremerton 9//012025 Mezzanine Addition & Streets Office Improvements Project e. h, ., )!1..1 h, t n STATEMENT O~lllllDEB'S QUALIFICATIONS Name of ContractorJfINi:~ r-tJ (._~ Wes+-c~ s-frt),,<::_ +~ Current UBI : (DO 't l..~ 8' I-"!> I Current Contractor's License number: f1j.t\ f:::: KL W L-3 2., ~ . \< 5 Address: 3 H ~ :1 (;4..J7~ rt ~ ( 'tD 6 -;9' fl-a-1Jor tvA-'18' 3 3 5 Employment Security Department number: COO -1/ f 11,S ~ -OD-1 IRS Employer Number: 8Z -~ 't~ ~ f O CJ O Telephone and Contact person for this Bid: J UJ.6 'iC> 3 '5137 / «-J~ ~ ~ Number of years the contrMr has been engaged in the Construction business under the present firm indicated: -~-- Type of work licensed to perform: b-1!... \'\.e,c. \ (E) "+roc.+c...----y-\°{ ~t i:;i:::~tcts r:r;ze;a;1~plet~+; st i4~ctf J\ ( 2 , I ~; l zJ ,r«...-vL@fl /:,4.,,: { d ~n<t, / (a.Co ('It~ { I . 9 Jtf\: / :;st~~:;five~~~f~u}m~n~~;tedt t u~nLsp~~e 5 tt~S I { • 5 1h ~ / contractor. Please note the ownership status of the equipment: Equipment ownership status (owned/leased) Ple ase provide three years of your Experience Factor: YEAR FACTOR Bank Reference (Name of Bank/ Years Account owned/Bank contact name, title, phone numberl; L l iJ.e. t 5 Fc<c;-12 ¥ How many Superintendents or other responsible employees in a supervisory position do you have planned for this contract :Z... City of Bremerton 9//012025 Mezzanine Add ition & Stree ts Office Improvements Proj ect <y,, and how long has planned Superintendent( s) been under your employment: __ Q __ Have you changed bonding companies in the last three years? N 0 DqE) have any litigation action related to a public works contract in the last 10 years? Y /N Disposition outcome: _________ _ Percentage of work to be performed by GC: 2..0 o/ & Bidder name s ~ Slgn~~,fh~ 5s Title: {) {,,) r Date: It { 1 I / ~ 5 , City of Bremerton Mezzanine Addi/ion & Streets Office Improvements Project 91/0/2025 INFORMATION REQUIRED OF BIDDER The Bidder 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 Bidder's General Information is delivered to the OWNER. Name of Contractor: .fl ft\ er ~~ wes--l---~ s..fr v\.. ~l~ Primary Classification: 6-en ~G\....l (QI\,+ C tl...(.,, +-o, Addre3 f 'g ;1 LL.d~ ~+-:IC I 90 b Jr t+c<hor l,/A Telephone: ll.ef> ~03 5,,7 Fax number: N (I+ E-mail address: b '- C-ti an-, eel> c,.C!.\'\. we.\ c~ Employment Security D'iru:tznent Number: QO<:i -~lJJ f-00 -Cf Washington State Industrial Insurance Number: u~.-~[J)/-06 Washington _Site Unified Business Identification (UBI) Number: {,O Y Di:: 1;3 l Washington State Contractor's Registration Number and Exp. Date : City 05:7r;ipon Business License Number: *!(not available. must be obtained prior to mobilization Cf\ City of Bremerton 9//0/2025 Mezzanine Addition & Streets Office Improvements Project REFERENCES Submit three (3) references for projects of similar size and complexity with a government agency. The work shall have been performed within the last 5 years. For each reference, include the following information: Pro ect Location Address I '1"3'1 I Hvo..,c_ I ~(~'p~nCJ I cl-ec-·tr:cc.j J Flu1:>r ..}-) Com letion Date Phone Number Com letion Date Phone Number Pro ect Location Address Phone Number City of Bremerton 91/0/2025 M ezzanine Addition & S treets Office Improvements Project NON-COLLUSION AFFIDAVIT STATE OF wA ss. COUNTY OF 'P I £'2.c..£.- g~Af-..) 1). l'-l _?U __ 1'_'(_0 __ ~ being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository any member thereof to effectuate a collusive or sham bid. Subscribed and sworn to before me ~ this ~day of ~OY , :io·J.F;:> • \JANNll'r \ZQi~w.acJ N tary Pubhc in and for the Countyof f~c.£-. Stateof v.:,,,A (SEAL) Notary Public State of Washington Commission # 176531 My Comm. Expires Mar 2, 2027 City of Bremerton Mezzanine Addition & Streets Office Improvements Project 9/1012025 Certification of Compliance with Wage Payment Statutes The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (___J, the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court oflimited or general jurisdiction. I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct Sign Pr~:1a~ s u.tf-V n 0 ·\0N2.-R Date State or Country Check One: Partnership D Joint Venture D Corporation pi Partnership D Sole Proprietorship D State of Incorporation, or if not a corporation, State where business entity was formed: Vo..,"> h "J"(lq ~ If a co-partnership, give firm name under which business is transacted: * If a corporation, proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authorit;y to sign). If a co- partnership, proposal must be executed by a partner. City of Bremerton 9//0/2025 Mezzanine Addition & Streets Office Improvements Project Certification of Compliance with Minority Business Solicitation Statutes The bidder hereby certifies, per RCW 35.22.650, to actively solicit the employment of minority group members. Bidder further agrees to actively solici t bids for the subcontracting of goods or services from qualified minority businesses. This affidavit serves as evidence of the bidder's compliance with the requirements of minority employment and solicitation. Bidder further agrees to consider the grant of subcontracts to said minority bidders on the basis of substantially equal proposals in the light most favorable to said minority businesses. I declare under penalty of perjury under the laws of the State of Washington that the forego ing is true and correct /}-mer ;cOV\. lJes+ 4:Yls+r~L f--,.,U\ BiddeP;~sin:_s Na r;: ~ Signa~iz ~c P?n~d1:'; ~tfl>A O\J n.-e..r Title u (n f-z,c; Date City State or Country Check One : Partnership □ Joint Venture □ !),rporation □ Partnership □ Sole Propri etorship D State of Incorporation, or if not a corporation, State where business entity was formed : \.JtLS "-';1~9(~ If a co-partnership, give firm name under which business is transacted : * If a corporation, proposal must be executed in the corporate name by t he president or vice - president (or any other corporate officer accompanied by evidence of authority to sign). If a co - partners hip, proposal must be executed by a partner. City of Bremerton 9//012025 Mezzanine Addition & Streets Office Imp rovements Project CERTIFICATION OF NON -DEBARMENT AND SUSPENSION INSTRUCTIONS TO CONTRACTORS AND BIDDERS; 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 workini: with the City of Bremerton and as a requirement of your submittal. you are required to provide debarment/suspension certification indicatini: that you are in compliance with the below Federal Executive Order AND the Washin,non State RCW 39.26 ,200 Debarment: Federal Executive Order (IW.) 12549 "Debarment and Suspension" requires that all contractors receivini: individual awards. usini: federal funds. and all sub-retjpients certi(y that the ori:anjzation and its principals are not debarred, suspended. proposed for debarment. declared inelii:ible, or voluntarily excluded by any Federal department or ai:ency from doini: business with the Federal Government, Washin,non state RC 39,26.ZOO authorizes the director to fine or debar any contractor that hold convictions. violations or failures as outlined in RCW 39.26.200. Your sii:nature certifies that neither you nor your principal is presently debarred. suspended. proposed for debarment. declared inelii:ible, or voluntarily excluded from • participation in this transaction by any federal department or ai:ency or any Washini:ton state ai:ency. If. at any time durini: the term of the contract. such condition occurs the Contractor will notify the City without delay, CERTIFICATION: I. the undersii:ned. certify that the information above is true and complete to the best ofmy knowledi:e and belief. .ttm~.;con, lJ,e!;,f C~,strtA--L-~<¥\. Company Name 8 0-\~ SJ"M 0l.)~ ~·:;zj 7-'5 City of Bremerton 9//012025 Mezzanine Addition & Streets Office Improvements Project BID PROPOSAL For lump sum project Mezzanine Addition & Streets Office Improvements Project For Instructions: List the bid amount in dollars and cents in numerals. Low Bid shall be based on TOT AL BID AMOUNT Note 1: Tax Rule 170 applies to this project. DO NOT INCLUDE SALES TAX IN BID ITEMS 1-4 "LUMP SUM" Note 2: Bid Item 2 "Force Account for Minor Changes" is included in the contract for payment of authorized work changes. A maximum of 15% for admin fees will be allowed. Payment from this bid item is permitted only when authorized in writing by the Owner. This lump sum bid amount shall include all compensation to be received by the CONTRACTOR for furnishing all tools, equipment, supplies, manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of work being described, as necessary to complete the various items of the WORK all in accordance with the requirements of the Contract Documents, including all appurtenances thereto, and including all costs of permits and cost of compliance with the regulations of public agencies having jurisdiction, including Safety and Health Requirements of the Washington Division of Industrial Safety and Health Act (WISHA), and the Occupational Safety and Health Administration of the U.S. Department of Labor (OSHA). No separate payment will be made for any item that is not specifically set forth in the Bid Proposal, and all costs therefore shall be included in the prices named in the Bid Proposal for the various appurtenant items of work. Bid Item I : ARCHITECTURAL "LUMP SUM'' $ Bid Item 2: STRUCTURAL "LUMP SUM"$ /-:--I--""-'+..-,--,..---"---:::--""=-'"'--- Bid Item 3 : MECHANICAL "LUMP SUM"$ ., ts . 5 , L/ ~ C(Z,') Bid Item 4: ELCTRICAL "LUMP SUM''$ 2 ff, ?'G: (3, S. 't ~ Q,'2.S Bid Item 5: FORCE ACCOUNT FOR MINOR CHANGES: $10,000 SUBTOTAL (Sum ofBid Items I THRU 5): $ __ '2._7_'5_,,,~CS-~_z_._z._s_ 7 SALES TAX (9.2% OF SUBTOTAL) $ ~'? ~S? .5'~ TOTAL BID AMOUNT (Sum of SUBTOTAL and SALES TAX) $ 300.I qg5, ~( City of Bremerton 9/10/2025 Mezzanine Addition & Streets Office Impro vements Project SUBCONTRACTOR LISTING ••• PER RCW 39.30.060 IF YOUR BID PERTAINS TO THE INSTALLATION OF HVAC AND IS OVER $1,000,000 YOU MUST SUBMIT YOUR SUBCONTRACTOR LISTING WITHIN ONE (1) HOUR OF THE PUBLISHED BID SUBMITTAL TIME••• The Bidder shall provide the following information and include with this bid or submitted within 48 hours of the Bid Opening. for each Subcontractor who will perform work or labor or render service to the CONTRACTOR in or about the construction of the work or improvement in an amount in excess of 10 percent of the CONTRACTOR's total bid . "Rendering service" includes a subcontractor that specially fabricates and installs a portion of the work or improvement The CONTRACTOR shall list only one Subcontractor for each portion of the WORK as is defined by the CONTRACTOR in its bid. If no Subcontractor is listed, the bidder acknowledges that it does not intend to use any subcontractor whose work on the CONTRACT will exceed 10 percent of the bid price. Attach additional sheets if required. Date/Time of submission· • Agency verification Initial/date· SUBCONTRACTOR #1 Company Name: !:+.olnrl~ Dvr \£-5 Subcontractor License #: J Work to be performed F'--1 .-L -f .c ~c.c...., I Address/Phone #: "'(~ I?'-{ <K--p lc.t4-Tc. .. d"' Bid Amount and% of Total Bid: 4(J qzs z_L;)q,o SUBCONTRACTOR #2 Company Name: }-(-'-9 ( ~ d 4.c V e..r l?s::. Subcontractor License #: Work to be performed: 1-fVct,C , I Address/Phone #: l~l.rd:Jc t.J,~-µ,evc.e 7 -~< Bid Amount and% of Total Bid: '-ti q z.5 "Zc)'--fD SUBCONTMCTOR #3 Company Name: Subcontractor License #: Work to be performed: Address/Phone #: Bid Amount and % of Total Bid: SUBCONTRACTOR #4 Company Name: Subcontractor License#: Work to be performed: Address/Phone #: Bid Amount and% of Total Bid: City of Bremerton 9//012025 Mezzanine Addition & S tree ts Office Impro vements Project L . ' ~ (v..., BID BOND KNOW ALL MEN BY THESE PRESENTS, That _____ A_m_e_r_i_c_a_n_W_e_s_t_C_o_n_s_t_ru_c_t_io_n_, _L_L_C _______ as Principal, and ______ T_h_e_O_h_i_o_C_as_u_a_lty.J...-l_n_s_u_r_a_n--'-c_e_C_o_m____._p_a_n ...... v~------as Surety, are held and firmly bound unto City of Bremerton hereinafter called "CITY," in the sum of ___ _ five percent of the total amount of the bid (5% of the total bid amount) dollars, ( not less than S percent of the total amount of the Bict/ for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents . WHEREAS, said Principal has submitted a Bid to said CITY to perform the WORK required under th e bidding schedule(s) of the CITY's Contract Documents entitled Mezzanine Addition & Streets Office Improvements Project. If the Principal is awarded the Bid and, within 14 calendar days after receipt of the Contract Document forms from the CITY, fails to provide the CITY with the duly executed Agreement; the duly executed Certificates of Insurance, the duly executed Performance Bond and the duly exe cuted Payment Bond, all as specified in the Contract Documents, then the Surety shall, without condition and within five (5) calendar days from written demand from the CITY, pay to th e CITY in U.S. funds, by certified or cashiers check, the full a mount of this Bid Bond. This Bond shall b e irrevocable for 90 days after the bid opening, as defined in the Contract Documents. The Surety stipu lates and agrees that the obligation of said Surety shall in no way be impaired or affe cted by an ex tension of the time within which the CITY may accept such bid and Surety further wa ives notice of any such extension. In the event suit is brought upon this bond by said CITY and CITY prevails, said Principal and Surety shall pay a ll costs incurre d by said CITY in s uch s uit, including reasonable attorney's fees and costs to be fixed by the court. SIGNED AND SEA LED, this ___ 7_th ________ day of November 2025 American West Construction, LLC The Ohio Casualty Insurance Company (SEAL) ________ (SEAL) . ~ty) rz (P~nt!Z By: -9---1--~--(~-i=gn-1--t~m~?~)~-----By:_.;\ j\ ~ (Signature) Thanh Xuan Thi Nguyen, Attorney-in-fact (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) Address of Surety to which all notices shall be sent Liberty Mutual Surety 790 The City Drive South, Suite 200 Orange, CA 92868 Address for Service of Process (must be a physic a l address) Liberty Mutual Surety 790 The City Drive South, Suite 200 Orange, CA 92868 City of Bremerton Me::::anine Addition & Stree ts Office Improvem ents Projec t 91/0/2025 END OF BID FORMS City of Bremerton 9//0/2025 Mezzanine Addition & Streets Office Improvements Project ~Lihertx ~ Mutual. SURETY POWER OF ATTORNEY Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company Certificate No: 8213283 -991318 KNOWN ALL PERSONS BY THESE PRESENTS : That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts , and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (here in collectively called the 'Companies "), pursuant to and by authority herein set forth , does hereby name , constitute and appoint , Th anh Xuan Thi N en all of the city of We stminster state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make , execute , seal , acknowledge and deliver, for and on its behalf as surety and as its act and deed , any and all undertakings , bonds , recognizances and other surety obligations , in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this ---1!!!.._ day of March .~. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company fil By 17.#J L--.!§ c ..__,_, ..__,_, ---------------------1·~~ ro Nathan J. Zangerte , Assistant Secretary ...., ::, :':::::.-ro State of PENNSYLVANIA ss .!: -S ~::, CE ~ County of MONTGOMERY _Q >- ,!: ~ On this ---1.!!!_ day of March , 2025 before me personally appeared Nathan J. Zangerte , who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 1§ fil ~ ro Company, The Ohio Casualty Company , and West American Insurance Company , and that he , as such, being authorized so to do , execute the foregoing instrument for the purposes !§@ ~ i therein contained by signing on behalf of the corporations by himself as a duly authorized officer . ~ 0::: -9:1_-@ IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting , Pennsylvania , on the day and year first above written . ~ c ·-o 0 gi ~ ~---------~ e::_I _ Commonwealth of Pennsylvania -Notary Seal >-- (]) 0 Teresa Pastel la, Notary Publ ic ,1--.... d Q)c ·cu _ Q) Montgomery County f// ~ ~ _ . 1 // -I-J / ._ E o _ MycommissionexpiresMarch28 ,2029 By: ~ ~ 0 Q) C ro ~ ~ Comm issionnumber1126044 -::t---=---c--...,..,..--=-""'C"C------------1:i:: '- ,.;_,._ ~ -•1r~ ,. Teresa Pastella , Notary Public <( o w -"' ,...., Member. Pennsylvania AssoaatlOO of Notanes O>CJ) -lRY ~v oO ro~ .... ~ .g> 2 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual ~ <? ~ .!:_ Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows : &_ ~ ,._ .$ ARTICLE IV -OFFICERS: Section 12 . Power of Attorney . 0 ~ J2 ~ Any officer or other offic ial of the Corporation authorized for that purpose in writing by the Chairman or the Pres ident, and subject to such limitation as the Chairman or the ,5 ..- ;g u President may prescribe , shall appoint such attorneys-in-fact , as may be necessary to act in behalf of the Corporation to make , execute , seal , acknowledge and deliver as surety ~ ~ ~ ffi any and all undertakings , bonds , recognizances and other surety obligations . Such attorneys-in-fact , subject to the limitations set forth in their respective powers of attorney , shall ~ ~ 0 t:: have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed , such § Q) z B instruments shall be as binding as if signed by lhe President and attested to by the Secretary . Any power or authority granted to any representative or attorney-in-fact under the ~ ~ provisions of this article may be revoked at any time by the Board, the Chairman , the President or by the officer or officers granting such power or authority. ~ ~ ARTICLE XIII -Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president , and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact , as may be necessary to act in behalf of the Company to make , execute, seal , acknowledge and deliver as surety any and all undertakings , bonds , recognizances and other surety obligations . Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney , shall have full power to bind the Company by the ir signature and execution of any such instruments and to attach thereto the seal of the Company . When so executed such instruments shall be as binding as if signed by the president and attested by the secretary . Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company , authorizes Nathan J. Zangerte, Assistant Secretary to appoint such attorneys-in-fact as may be necessary to act on behalf of the Company to make, execute , seal , acknowledge and deliver as surety any and all undertakings, bonds , recognizances and other surety obligations. Authorization -By unanimous consent of the Company's Board of Directors , the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company , wherever appearing upon a cert ified copy of any power of attorney issued by the Company in connection with surety bonds , shall be valid and binding upon the Company with the same force and effect as though manually affixed . I, Renee C. Llewe ll yn , the undersigned , Ass istant Secretary , The Ohio C_as~a lty_ Insurance Company , Liberty Mutual Insurance Company , and West American Insurance Company do hereby certify that the original power of attorney of which the foreg cing,is'<t f1Jll~trs'e ~nd r.orrect copy of the Power of Attorney executed by sa id Companies , is in full force and effect and has not been revoked. , '' :~-' -~ -----':" -·::_. f ¼, L , IN TESTIMONY WHEREOF , 1 have hereunto set my hand a~ ig-~~ ~&s~ali cif-s"aj.d _c~~ies this ~ day of NovflNlflK. ·JQ2_5 -' ---~ ,_. ...---~--~ ~-~,._ By:=-~~---=-.,...,....--,,----,,.......,.-,--,-::----:--------- Renee C. Llewellyn , Assistant Secretary LMS-1287 3 LMIC OCIC WAIC Multi Co 02/24 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or valid ity of that document. State of California County of Orange on November 7, 2025 before me, ____ K_h_o_i _T_ra_n_,_N_o_t_a_ry_P_u_b_lic ______ _ Date Here Insert Name and Title of the Officer personally appeared -~_T_h_a_n_h_X_ua_n_T_h_i_N_,g"-u_.y'-e_n _______________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s} whose name(s-) is/ai:e- subscribed to the within instrument and acknowledged to me that---1:le/she/tAey executed the same in --fi¼S/her/tAeir authorized capacity(+esr, and that by-his-/her/-tfteir signature(s} on the instrument the person(s}, or the entity upon behalf of which the person(s) acted, executed the instrument. t ft :. :. : ft ft ft ft ft K~~ ;~ ft ft ft • l Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. :1!!/77 ' 1r. Signature ___ +M __ Jtl __ ~ /-~-~~-=--- Signature of Notary Public ----------------OPTIONAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ___________________________ _ Document Date: ___________________ Number of Pages: _____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: Thanh Xuan Thi Nguyen □ Corporate Officer -Title(s): ______ _ □ Partner -D Limited D General D Individual !xi Attorney in Fact D Trustee D Guardian or Conservator D Other: ______________ _ Signer Is Representing: The Ohio Casualty Insurance Company Signer's Name: ___________ _ □ Corporate Officer -Title(s): ______ _ □ Partner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: _____________ _ Signer Is Representing: ________ _ --, ., ,. ~ = --. -., -· ., -·· -. ,..:: <-• '~·· -,' •. ', ' "~ ©2015 National Notary Association • www .NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: January 14, 2026 Collective Bargaining Agreement Between the City of Bremerton and Teamsters (Police Lieutenants and Captains) Local 589 COUNCIL MEETING Date: January 21, 2026 Department: Finance Presenter: Mike Riley Phone: (360) 473-5303 SUMMARY: Pursuant to RCW 41.56, negotiations have concluded between representatives of the City and the Teamsters (Police Lieutenants and Captains) Local 589 resulting in the attached Collective Bargaining Agreement for January 1, 2024 through December 31, 2028. The agreement includes a 4.6% cost of living adjustment and an 8.4% market adjustment for 2024, a 4% cost of living adjustment for 2025, a 3.5% cost of living adjustment for 2026, and a cost-of-living increase based on the Seattle/Tacoma/Bellevue CPI-W June to June Minimum 2% - Maximum 4% for 2027 and 2028. The Collective Bargaining Agreement has been ratified by the Teamsters membership. Council approval is required to implement this agreement. ATTACHMENTS: Collective Bargaining Agreement between the City of Bremerton and the Teamsters (Police Lieutenants and Captains) Local 589 January 1, 2024 through December 31, 2028. FISCAL IMPACTS (Include Budgeted Amount): The projected additional cost of implementing this five-year Collective Bargaining Agreement is approximately $235,000 for 2024 and 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 Teamsters (Police Lieutenants and Captains) Local 589 for 2024 through 2028, 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 A13 Final Draft – 12-08-2025 ====================================================================================================== Collective Bargaining Agreement – Bremerton Police Management AssociationTeamsters Local 589 January 1, 20241 through December 31, 20238 Page 1 of 18 LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND BREMERTON POLICE MANAGEMENT ASSOCIATION TEAMSTERS LOCAL 589 (Captains and Lieutenants) JANUARY 1, 2021 2024 THROUGH DECEMBER 31, 2023 2028 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 Bremerton Police Management Association Teamsters Local Union No. 589 hereinafter known as the "AssociationUnion" for the purpose of setting forth the wages, hours and other terms and conditions of employment 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 ............. DISCRIMINATION ALLEGATIONS 1.1 An employee who believes that he or she they has have been the subject of unlawful discrimination on the basis of political affiliation, age, sex, marital status, race, creed, color, religion, national origin or activity protected by RCW 41.56 shall seek relief through the City's Equal Employment Opportunity Complaint Procedure or the appropriate state or federal agency charged with investigating such matters and shall not process such complaints through the Grievance Procedure of this Agreement. ARTICLE 2 ............. RECOGNITION 2.1 The City recognizes the AssociationUnion as the sole and exclusive bargaining representative for the purpose of negotiations concerning wages, hours and conditions of employment for all employees in classifications set forth in Appendix A and such classifications as may be added to the bargaining unit during the term of this Agreement. ARTICLE 3 ............. ASSOCIATIONUNION SECURITY AND ACCESS 3.1 A. Notification of New Hires. The Employer agrees to notify the Union within ten (10) working days when new employees are hired. New employees may meet with their Union representative for thirty (30) minutes on paid time during their first ninety (90) days of employment. B. Dues Deduction Procedure. The Employer will deduct and transmit monthly those regular Union membership initiation fees, dues, and assessments from the pay of each employee who provides authorization for such withholding to the Union. The Employer will begin withholding dues no later than the second payroll period following its receipt of written notice from the Union that an employee has authorized dues deduction. In addition, the Employer will provide the Union a list of employees and their respective Union-related deductions. The Union agrees to indemnify, defend and hold the Employer harmless against any and all claims, suits, orders and judgments Final Draft – 12-08-2025 ====================================================================================================== Collective Bargaining Agreement – Bremerton Police Management AssociationTeamsters Local 589 January 1, 20241 through December 31, 20238 Page 2 of 18 brought against the Employer as a result of any payroll deduction made on the Union’s behalf. Employees may cancel their dues deduction by providing written notice to the Union in accordance with the terms and conditions of their dues authorization. The Union will notify the Employer of any such cancellations; dues deduction will end not later than the second payroll after the Employer’s receipt of notice cancellation form the Union. 3.2 AssociationUnion business such as handling grievances and other legitimate routine matters may be conducted on Police Department premises provided that such business does not interfere with Police Department operations and is authorized by the Police Chief or their designee. ARTICLE 4 ............ SALARIES 4.1 MONTHLY SALARY RATES - Monthly salary rates shall be paid as set forth in Appendix A , which is attached hereto and made a part hereof. Appendix A will be changed as necessary to reflect the following: ` 4.1.1 The salary rates for Police Lieutenant and Police Captain will be set so as to maintain the following differentials: 4.1.1.1 The Police Lieutenant base salary at step 1 will be not less than seven point seven percent 7.7% above the top step Police Sergeant base pay rate. 4.1.1.2 The Police Captain base salary at step 1 will be not less than 4.2% above the top step Police Lieutenant base pay rate. 4.1.1.3 The percentage between each pay step is 2.25%. 4.1.1 Effective January 1, 2026, Tthe salary rates for Police Lieutenant and Police Captain will be changed to a two-step schedule and set so as to maintain the following differentials: 4.1.1.1 The Police Lieutenant base salary at step 1 will be not less than seven point seventwelve point two percent 7.7(12.2%) above the top step Police Sergeant base pay rate and step 2 will be paid at sixteen-point seven percent (16.7%) . 4.1.1.2 The Police Captain base salary at step 1 will be not less than 4.2eight-point seven percent (8.7)% above the top step Police Lieutenant base pay rate and step 2 will be paid at thirteen-point two percent (13.2%) above top step Lieutenant. 4.1.1.3 The percentage between each pay step is 2.25%.Employee will advance to step 2 after successfully completing the probationary period as defined in the Civil Service Rules. 4.1.1.4 The percentage between each pay steps is four-point five % (2.254.5%). 4.1.2 Effective January 1, 20214, employees Appendix A will receive reflects a three percentfour- point six (3%4.6%) wage adjustment plus a market adjustment of eight-point four percent Formatted: Highlight Final Draft – 12-08-2025 ====================================================================================================== Collective Bargaining Agreement – Bremerton Police Management AssociationTeamsters Local 589 January 1, 20241 through December 31, 20238 Page 3 of 18 (8.4%) for a total of thirteen percent (13%). The adjustment will be extended out three (3) decimal points. 4.1.3 Effective January 1, 20225, employees Appendix A reflects a will receive a two four percent (24%) wage adjustment. The wage adjustment will be extended out three (3) decimal points. 4.1.4 Effective January 1, 20263, employees will receive a oneAppendix A reflects a three and one and a half percent (13.5%) wage adjustment. The wage adjustment will be extended out three (3) decimal points. 4.1.5 Effective January 1, 2027, employees covered under this agreement shall receive a cost-of- living increase based on the Seattle/Tacoma/Bellevue CPI-W June to June (Min 2% - Max 4%). 4.1.6 Effective January 1, 2027, employees covered under this agreement shall receive a cost -of- living increase based on the Seattle/Tacoma/Bellevue CPI-W June to June (Min 2% - Max 4%). 4.1.7 Effective January 1, 2028, employees covered under this agreement shall receive a cost -of- living increase based on the Seattle/Tacoma/Bellevue CPI-W June to June (Min 2% - Max 4%). 4.1.5In the event that the Bremerton Police Officers Guild (BPOG) receives a wage adjustment in any year of their contract that exceeds the amount(s) above, then the Bremerton Police Management Teamsters bargaining unit shall also receive the same additional amount as long as they meet any requirements for receiving the additional increase (example: switching medical plans). (This article will not apply to the 2021 through 2023 wage adjustments.) 4.2 LONGEVITY PAY: Longevity pay, which is a rate of pay based on the length of completed continuous service with the City, shall be calculated on the individual employee's base salary rate and shall be paid as follows: Length of Continuous Service Rate Per Hour 0 through 5 years continuous employment 0.00% 6 through 10 years continuous employment 1.25% Commencing 11 through 15 years continuous employment 2.25% Commencing 16 through 20 years continuous employment 3.75% Commencing 21 through 25 years continuous employment 7.75% Commencing 26 years and over continuous employment 9.00% 4.3 PAY RATE WHEN PROMOTED TO A HIGHER CLASSIFICATION WITHIN THE BARGAINING UNIT – At the discretion of the Police Chief, any employee who is promoted or hire to the classification of Lieutenant or Captain shall be placed at Step 31 or Step 42 of the pay band. Placement shall be based on the employee’s education and experience. Employees hired as a Police Lieutenant or Police Captain through a lateral transfer, having not worked for the City of Bremerton may be placed into Step 1. Final Draft – 12-08-2025 ====================================================================================================== Collective Bargaining Agreement – Bremerton Police Management AssociationTeamsters Local 589 January 1, 20241 through December 31, 20238 Page 4 of 18 4.3.1 The employee's advancement to the next step of the new pay band will be based on the effective date of their promotion to the higher classification. 4.4 STEP ADVANCEMENT - Advancement from Step to Step will occur upon the positive recommendation of the Police Chief and after completion of twelve (12) continuous months of service in each step, based upon satisfactory attainment of established performance standards, and overall satisfactory performance. Step increases may be withheld for a maximum of six (6) months. In the event an employee is on approved leave of absence without pay, the employee's next wage rate advancement date will be extended by the actual number of days t he employee was absent on such leave. The denial of a step increase is subject to the grievance procedure. 4.5 TEMPORARY/PROVISIONAL ASSIGNMENT TO HIGHER LEVEL POSITION - The Police Chief or, in the absence of the Chief, the Mayor may provide a written directive to an employee to perform all or a part of the duties and accept all or a part of the responsibilities of a higher level classification. The employee so directed shall have his/hertheir pay rate adjusted for the duration of the assignment as if he/shethey had been promoted to the higher classification provided, however, that such adjustment shall be not less than five percent (5%). Other benefits provided such an employee through the provisions of this agreement shall not be affected, and no benefits of the higher level classification shall apply to the employee during the assignment. This provision shall not apply in situations when the Police Chief designates an employee to serve in an "Acting" capacity less than thirty (30) work days during the absence of the Police Chief or a Captain (Division Commander) due to vacations, while attending conferences, and other such usual and customary absences 4.6 DEFERRED COMPENSATION –The City will contribute five and one half percent (5.5%) to their Deferred Compensation Plan. 4.7 In the event that the Bremerton Police Officers Guild (BPOG) receives a Deferred Compensation contribution by the City in any year of their contract that exceeds the amount listed in Article 4.6 above, then the Bremerton Police ManagementTeamsters bargaining unit shall also receive the same additional amount. 4.8 COMMAND DUTY OFFICER (CDO) COMPENSATION 4.8.1 Eligibility and Accrual - Employees assigned to Command Duty Officer (CDO) responsibilities shall accrue compensatory time for command duty hours worked outside of their regular work schedule. Compensatory time shall accrue on an hour-for-hour basis for all qualifying hours worked. 4.8.2 Maximum Accrual - Compensatory time earned under this section may be accrued up to a maximum of forty (40) hours at any given time. No additional compensatory time shall be earned beyond this limit until previously accrued hours have been used. 4.8.3 Use and Forfeiture - Compensatory time earned under this provision is not eligible for cash-out under any circumstances. All compensatory time must be used within the calendar year in Final Draft – 12-08-2025 ====================================================================================================== Collective Bargaining Agreement – Bremerton Police Management AssociationTeamsters Local 589 January 1, 20241 through December 31, 20238 Page 5 of 18 which it is accrued. Any unused compensatory time remaining at the end of the calendar year shall be forfeited unless an exigent circumstance exists and precludes its use, wherein the parties shall then confer to determine if any/all earned time may be carried-over. 4.8.4 Scheduling of Command Duty Officer Assignments - CDO duties shall be distributed as evenly as practicable among all eligible members of the bargaining unit. The CDO schedule shall be developed by the Operations Captain and approved by the Chief of Police by December 15th of each calendar year for the following year (e.g., the 2026 schedule shall be set by December 15th, 2025). Barring a Bonafide emergent circumstance, time used under this provision shall not be arbitrarily denied. Requests for compensatory time off may be denied based on operational needs. ARTICLE 5 ............. HOURS OF WORK 5.1 Employees shall work such hours as are assigned by the Police Chief which shall be at least forty (40) hours per week, including paid holiday, vacation and sick leave time. In addition, employees shall serve on emergency standby status during such periods as are assigned by the Police Chief and are subject to emergency callback at any time. Employees covered by this agreement are salaried and exempt from the overtime provisions of the Fair Labor Standards Act. ARTICLE 6 ............. VACATION LEAVE 6.1 VACATION ACCRUAL - Employees shall accrue vacation time with pay fo r all regularly scheduled work time including paid leave time pursuant to the following schedule: PERIOD OF CONTINUOUS FULL TIME EMPLOYMENT Date of Hire through Hours Accrued/Year 5 years 104 Hours 6th year 120 Hours 7th year 128 Hours 8th year 136 Hours 9th year 144 Hours 10th year 152 Hours 11th year 160 Hours 12th year 168 Hours 13th year 176 Hours 14th year 184 Hours 15th year 192 Hours 16th year 200 Hours 17th year and thereafter 208 Hours 6.1.1 In the event that the Bremerton Police Officers Guild (BPOG) receives a Vvacation accrual in any year of their contract that exceeds the accrual schedule as shown in 6.1 above, then the Bremerton Police ManagementTeamsters bargaining unit shall also receive the same additional amount of accrual. Final Draft – 12-08-2025 ====================================================================================================== Collective Bargaining Agreement – Bremerton Police Management AssociationTeamsters Local 589 January 1, 20241 through December 31, 20238 Page 6 of 18 6.2 VACATION ELIGIBILITY - An employee becomes eligible to take accrued vacation time upon completion of six (6) months of continuous employment with the City. Vacation time must be fully accrued prior to the time an employee takes any vacation time off. 6.3 VACATION SCHEDULING - Annual vacation leave shall be authorized by the Police Chief or the Chief’s designee. Personnel shall schedule vacation leave by mutual agreement of the employee and the Police Chief or the Chief’s designee. 6.4 MAXIMUM VACATION ACCRUAL - The maximum number of vacation accrual hours that any employee shall be allowed to carry forward from one calendar year to the next is as follows: Years of Continuous Employment Maximum Balance 0 through Five (5) years 160 hours More than Five (5) years 300 hours Vacation leave may be accumulated up to a maximum of three hundred (300) hours as of December 31st , of any calendar year. Employees with more than three hundred (300) hours accrued as of December 31st will be paid for any accrual over three hundred (300) hours, up to a maximum of 80 hours. Payment shall be made on the pay period ending January 15th. Any accrual in excess of the 80 hours maximum payout shall be forfeited, and the vacation leave balance shall be reduced to 300 hours. 6.5 VACATION PAY-OUT - Upon the retirement or termination of an employee who has served six (6) continuous full months of employment or more with the City or upon the date of an employee's disability retirement, the accrued vacation hours of such an employee will be paid to the employee in a cash lump sum payment. ARTICLE 7 ............. HOLIDAYS 7.1 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 In addition, any other holiday legally proclaimed by the Federal or State government, provided that the City takes official action to have such holiday also observed by the City. 7.2 FLOATING HOLIDAY- Each employee shall be allowed one (1) additional holiday to be observed by the employee on a day mutually agreeable to the employee and the Police Chief. 7.3 ALTERNATIVE DAYS OF HOLIDAY OBSERVATION -- 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. If the day a holiday is observed by Final Draft – 12-08-2025 ====================================================================================================== Collective Bargaining Agreement – Bremerton Police Management AssociationTeamsters Local 589 January 1, 20241 through December 31, 20238 Page 7 of 18 the City falls on an employee's regularly scheduled day off, the employee shall receive an alternate day as a paid holiday. 7.4 HOLIDAY COMPENSATION - An employee shall receive eight (8) hours of time off with pay for each holiday observed by the City and for a floating holiday of each employee's choice. ARTICLE 8 ............. SICK LEAVE AND INDUSTRIAL DISABILITY 8.1 SICK LEAVE ACCRUAL - Employees shall accrue sick leave time with pay at the rate of .046154 hours (maximum of ninety-six (96)) for all normal hours of work including paid leave. 8.2 MAXIMUM SICK LEAVE ACCRUAL - Employees shall be able to accrue sick leave to a maximum of one thousand two hundred and ninety-six (1,296) hours as of December 31st of each year. 8.3 SICK LEAVE WORK PERFORMANCE BONUS – Employees who accrue over the 1200 hours may cash out 50% of the hours over the 1200 and receive this bonus on the pay period ending January 15th, and their sick leave balance will be reduced to 1200 hours. 8.4 SICK LEAVE INCENTIVE: An employee working five eight houreight-hour days (5/8s)per week who takes thirty-two (32) hours or less of sick leave in any full calendar year shall have eight (8) hours added to his or hertheir vacation leave balance at the beginning of the following calendar year. An employee working four ten hour days (4/10s) per week who takes forty (40) hours or less of sick leave in any full calendar year shall have eight (8) hours added to his or hertheir vacation leave balance at the beginning of the following calendar year. 8.5 SICK LEAVE RETIREMENT OR DEATH PAYMENT 8.5.1 An employee who retires from City service on a service retirement shall be provided a Sick Leave Retirement Payment of thirty-five percent (35%) of the employee's accrued and unused sick leave hours to a maximum of 35% of 1200 hours (a maximum total of 420 hours). The Sick Leave payout will be placed into the employees HRA/VEBA program. The payout will reflect the employee's regular hourly wage rate in effect at the time of retirement. In the event of death of the employee, the payout will be paid to their designated beneficiary. 8.5.2 Employees who retire from City service on a service retirement with at least ninety (90) days written notice shall be provided Sick Leave Retirement Payment at fifty percent (50%) of the employee’s accrued and unused sick leave hours to a maximum of 50% of 1200 hours (a maximum of 600 hours), and such payment shall be made to an HRA/VEBA program. 8.5.2 (a) In the event of a Line-of-Duty death, a death benefit providing one hundred percent (100%) of the affected employees accrued sick leave hours shall be converted to the employee’s hourly rate of pay and paid to the decedent employee’s beneficiaries. (b) In the event of a non-duty related death, a death benefit providing sixty percent (60%) of the affected employees accrued sick leave hours shall be converted to the employee’s hourly rate of pay and paid to the decedent employees beneficiaries. Formatted: Strikethrough Formatted: Font: Times New Roman, 12 pt Final Draft – 12-08-2025 ====================================================================================================== Collective Bargaining Agreement – Bremerton Police Management AssociationTeamsters Local 589 January 1, 20241 through December 31, 20238 Page 8 of 18 8.6 SICK LEAVE USE - Sick leave must be accrued prior to use by an employee. Sick leave shall be made available to each employee up to the amount of each employee's accrued sick leave balance hours due to: 8.6.1 The temporary disability of an employee resulting from his or hertheir personal illness or injury. 8.6.2 Providing care for: a) a child of the employee under the age of 18 when they have a health condition that requires supervision or treatment; or b) a spouse, parent, parent-in-law or grandparent of the employee who has a serious health condition or an emergency condition. 8.6.3 Attending medical, dental and/or oculist appointments as needed for preventive or rehabilitative health care of the employee or the employee's children when such care requi res parental presence to supervise or authorize treatment. 8.6.4 Upon the birth or adoption of a child, a father may use up to three (3) days of accrued sick leave or claim FMLA leave pursuant to Federal Law as may be amended from time to time. 8.6.5 Providing care for an employee's immediate family member (as provided for in Section 9.18.6.2) when the family member has a health condition that requires the assistance of an adult caretaker until such time as other care can be arranged. 8.7 NOTIFICATION OF SICK LEAVE USE - An employee who is absent or expects to be absent from work due to causes specified in 8.6 above, shall provide notification as follows: 8.7.1 ROUTINE APPOINTMENTS - An employee who schedules a routine medical, dental, or oculist appointment shall make every reasonable effort to schedule such an appointment at a time which will cause the least interference with the employee's work hours and duties. The employee shall give prior notice of the date and time of the appointment to his or hertheir immediate supervisor. An employee's immediate supervisor 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. An immediate supervisor shall not unreasonably deny an employee sick leave with pay for routine medical, dental, or oculist appointments. 8.7.2 UNANTICIPATED ABSENCE - An employee who is absent from work or will be unable to report to work as scheduled due to personal illness or injury, or for other causes specified in Section 8.6 above, shall promptly notify the department by telephone or otherwise by 0800 of the day of his or hertheir scheduled work day. 8.7.3 SICK LEAVE DURING AUTHORIZED PAID LEAVE -An employee who becomes ill or is injured during the employee's paid vacation may request the conversion of such paid leave to sick leave with pay by promptly notifying the department of the illness or injury and providing such information as is required by the department to verify the appropriateness of such a conversion. Final Draft – 12-08-2025 ====================================================================================================== Collective Bargaining Agreement – Bremerton Police Management AssociationTeamsters Local 589 January 1, 20241 through December 31, 20238 Page 9 of 18 8.8 SICK LEAVE DOCUMENTATION AND APPROVAL - An employee who has been absent on sick leave shall, within eight (8) hours after returning to work, submit such forms and provide such information as are required by the Department to approve the use of sick leave with pay for the absence. The Department may require an employee to demonstrate that he or she has sought treatment, taken appropriate precautions or otherwise affected measures to correct the condition causing the employee's absence. Such demonstrations may take the form of personal statements of the employee, medical examinations or certifications of appropriate professionals, or other methods appropriate to the circumstances. The Department may require an employee to provide 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 himself or herself themselves or to other members of the workforce. 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. 8.9 INDUSTRIAL DISABILITY LEAVE FOR LEOFF II EMPLOYEES - An 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 provided with such compensation as is made available through Workers' Compensation time -loss benefits as provided by Washington State Law. ARTICLE 9 ............. OTHER PAID LEAVE 9.1 BEREAVEMENT LEAVE - An employee will be granted up to five (5) days of bereavement leave for attending funerals in the State of Washington and up to seven (7) days for out of state funerals of members of the employee's immediate family. Immediate family shall be defined as spouse, child, stepchild, mother, father, mother/father in-law, brother, sister, bother/sister in-law, grandparents and grandchildren of both the employee and the employee's spouse. The first three (3) days of bereavement leave annually shall be paid at the employee’s current rate of pay. Additional time off for bereavement leave shall be charged against an employee's vacation/holiday, sick leave o r compensatory time leave balance at the option of the employee. 9.2 JURY DUTY, WITNESS LEAVE - An employee shall be granted leave of absence with pay for the purpose of reporting to Jury Duty or if subpoenaed as a witness. Any juror or witness fees received by the employee for the performance of such duties shall be assigned to the City. 9.3 MILITARY LEAVE - An employee who presents official orders requiring his/hertheir 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. 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. An employee on military leave without pay shall not accrue any leave benefits. An employee receiving up to twenty-one (21) work days of training or serving on active duty shall receive their regular pay and the amount received from the Federal or State government.(Pursuant to RCW 38.40.060 as may be amended from time to time). During periods of military conflict, employees are entitled to up to fifteen (15) days of unpaid leave before their spouse is deployed or while their spouse is on leave from deployment. A person who received official orders and performs military service for more than thirty-one (31) days is no longer Final Draft – 12-08-2025 ====================================================================================================== Collective Bargaining Agreement – Bremerton Police Management AssociationTeamsters Local 589 January 1, 20241 through December 31, 20238 Page 10 of 18 eligible to receive employer paid medical/dental premiums. The employee can elect to self-pay both the employer and employee share of the premiums for up to twenty-four (24) months. 9.4 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 10 ............ RETIREMENT BENEFITS 10.1 Each employee shall be enrolled in the Washington State Retirement system for which he or shethey qualifiesqualify. Only for the purposes of federal income taxation, the gross income of each employee shall be reduced by the amount of employee contributions to the respective retirement system, which is picked up by the City. ARTICLE 11............ INSURANCE BENEFITS 11.1 MEDICAL INSURANCE - The City shall make medical insurance coverage available to employees and their dependents as follows: LEOFF Trust Plan F. Kaiser Permanente for Employees and Dependents; $20 Copay Plan/ $200 Deductible Plan. Another plan of substantially similar or better coverage 11.2 INSURANCE PREMIUM PAYMENTS - Payment of insurance premiums shall be made as follows: Employee premium paid in full by the City. Employees shall pay ten percent (10%) of the dependent premium for either of the two (2) plans. 11.2.1 STIPEND IN LIEU OF MEDICAL COVERAGE - An employee who waives the right to obtain medical insurance coverage through the City and who provides proof of credible coverage through his/hertheir spouse or other source shall be entitled to receive a stipend as follows: Employee Only $150.00 Employee & Spouse $300.00 Employee, Spouse & 1 Dependent $350.00 Employee, Spouse & 2 Dependents $400.00 Employee & 1 Dependent $300.00 Employee & 2 Dependents $350.00 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). The payment will become effective the first pay period of the next month following ratification of the agreement. Since both LEOFF Trust and Kaiser Permanente underwriting requirements require a seventy five percent(75%) participation rate, in the event that there is less than a seventy five percent (75%) participation rate due to employees waiving medical coverage, the City may cease offering the stipend due to the adverse impact upon those insured. Final Draft – 12-08-2025 ====================================================================================================== Collective Bargaining Agreement – Bremerton Police Management AssociationTeamsters Local 589 January 1, 20241 through December 31, 20238 Page 11 of 18 11.2.2 In the event that the Bremerton Police Officers Guild (BPOG) receives a Stipend by the City in any year of their contract that exceeds the amount described in 11.2.1 above, then the Bremerton Police ManagementTeamsters bargaining unit shall also receive the same additional amount. 11.3 DENTAL INSURANCE - The City shall provide the same benefit levels as are contained in the Washington Dental Service Plan F dental insurance coverage for employees and their dependents and provide for full payment of insurance premiums. Any other plan must be approved by the Insurance Benefit Committee. 11.4 DISABILITY - Employees who are covered by the Washington State Retirement System commonly known as LEOFF II, shall enroll to receive Long Term Disability Insurance coverage through the provisions of policies held by the City with Standard Insurance Company. The City shall pay a maximum of twenty dollars ($20.00) per month per eligible and enrolled employee toward premium costs as of the first (1st) of the month following ratification of the Agreement. The remainder of all premium costs shall be borne by the enrolled employee and shall be paid to Standard Insurance Company through payroll deductions authorized by each enrolled employee. 11.5 INSURANCE COMMITTEE - The Insurance Benefits Committee shall be comprised of the following members: Mayor or designee, Human Resources Manager Director or designee, Financial Services Director 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 officer(s) it deems appropriate. NOTE: Due to continuing significant premium increases for Health Insurance coverage, the City will be working with the Group Insurance Selection Committee to address cost containment measures for coverages and employee contributions. The Union shall work with the Insurance Benefits Committee to evaluate alternatives to the current insurance benefit plans. If an agreement is reached on an alternative, implementation can occur as soon as legally possible. 11.6 Retiree’s Health and Welfare: Effective the first full month after ratification of this agreement, the Employer agrees to pay into the Teamsters Retiree’s Welfare Trust, Plan RWT-Plus XL, for each current employee covered by the Collective Bargaining Agreement who was compensated eighty (80) hours or more during the previous calendar month. The monthly contribution rate is ninety-four dollars and eighty-five cents ($94.85) per member. Should the premium increase, the parties mutually agree to meet and discuss the increase. The City agrees to administer the program. ARTICLE 12 ............ UNIFORMS 12.1 PURCHASE OF UNIFORMS - Each police officer shall be furnished uniforms as designated by the Chief of Police. Such uniforms shall be replaced on an as needed basis from the Clothing Allowance Fund, as determined by the Police Department Administration Office. All uniforms purchased by the Employer are to be and remain the property of the Employer. The Union and the City shall collaboratively establish a policy that specifies the items to be provided and the conditions under which they will be issued. Formatted: Indent: Left: 0.5" Formatted: Font: Bold, Italic Final Draft – 12-08-2025 ====================================================================================================== Collective Bargaining Agreement – Bremerton Police Management AssociationTeamsters Local 589 January 1, 20241 through December 31, 20238 Page 12 of 18 12.2 The City will provide employees the sum of one hundred fifty dollars ($150.00) dollars annually for the purchase of footwear. Employees will receive this payment the pay period ending January 31 st. ARTICLE 13 ............ PERSONNEL PRACTICES 13.1 DEFINITIONS – For the purpose of interpreting the provisions of this agreement, the following definitions shall apply: 13.1.1 Probationary Employee: An employee serving a twelve-month period commencing upon the initial date of hire as a permanent employee during which 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. 13.1.2 Promotional Probation: A twelve-(12) month period commencing upon the initial date of a permanent promotional appointment during which a promoted employee who is unable to perform the duties of the higher level position shall be returned to his or hertheir previous classification at the time of appointment at the sole discretion of the Chief of Police consistent with applicable Civil Service Rules and Regulations, and without recourse to the grievance procedure. 13.1.3 LEOFF II Employee: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as "LEOFF II". 13.2 PROMOTIONS AND VACANCIES - All personnel reductions, filling of vacancies and promotions shall be handled in accordance with existing Civil Service Rules and Regulations and shall not be subject to the grievance procedure. 13.3 INDEMNIFICATION OF EMPLOYEES - The City shall provide legal defense and will pay all legitimate claims, settlements, judgments, and associated costs for employees and their marital communities named as parties or defendants in claims or lawsuits as a result of acts or omissions made in the good faith performance of the City's business. ARTICLE 14……….EDUCATIONAL INCENTIVE Employees shall be eligible to receive Educational Incentive pay according to the following: 14.1 Associate's Degree or equivalent (90 quarter or 60 semester hours) Two percent (2%) Bachelor's four percent (4%) Master’s Degree to be added if given to other bargaining units within the City 14.2 Degrees and credit hours earned shall be documented through official transcripts from accredited colleges or universities. It shall be understood that for the 90 quarter or 60 semester hours to be accepted, they must be courses required in the pursuit of an Associates or Bachelors degree from an accredited college or university. 14.3 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 his/hertheir Final Draft – 12-08-2025 ====================================================================================================== Collective Bargaining Agreement – Bremerton Police Management AssociationTeamsters Local 589 January 1, 20241 through December 31, 20238 Page 13 of 18 hours earned and/or degree(s) awarded. Educational Incentive shall be paid to the employee beginning the next pay period following receipt of the documentation, and shall not be retroactive . 14.4 In the event that the Bremerton Police Officers Guild (BPOG) receives an Educational Incentive in any year of their contract that exceeds the percentages listed in 14.1 above, then the Bremerton Police ManagementTeamsters bargaining unit shall also receive the same additional amount. ARTICLE 15 ............ MANAGEMENT RIGHTS 15.1 Any and all rights concerned with the management and operation of the Police Department are exclusively that of the City unless otherwise provided by the terms of this Agreement. The City has the right, among other actions, to adopt rules' for the operation of the Department and conduct of the employees, to discipline, suspend or discharge employees for just cause, to assign work and determine duties of employees, to determine number of personnel to be assigned duty at any time, to determine and introduce new work methods or facilities to increase productivity for operation of the Department and to perform all of the functions not otherwise expressly limited by this Agreement. Provided, nothing herein shall be construed as a waiver of collective bargaining rights conferred on the parties by RCW 41.56. ARTICLE 16 ............ GRIEVANCE PROCEDURE 16.1 DEFINITIONS 16.1.1 GRIEVANCE - A grievance is an allegation of a violation of the terms and conditions of this agreement which is to be resolved through this Grievance Procedure. 16.1.2 CIVIL SERVICE APPEAL - An appeal is an allegation of a violation of the Civil Service Rules which is to be resolved through the Civil Service Appeals procedure and is not resolvable through this Grievance Procedure. 16.1.3 UNFAIR LABOR PRACTICE - An Unfair Labor Practice charge is an allegation of a violation of the Washington State statutes governing public employment labor relations which is to be resolved through the Public Employment Relations Commission's rules and regulations and is not resolvable through this Grievance Procedure. 16.1.4 PURPOSE: The City and Union recognize the importance of settling grievances promptly and fairly in the interest of continued good employee relations and morale and to this end the following procedure is outlined. To accomplish this goal, every effort will be made to settle grievances at the lowest possible level of supervision. Employees will be unimpeded and free from restraint, interference, coercion, discrimination or reprisal in seeking adjudication of their grievances in good faith. There will be no suspension of work or impediment in the operation of the City during the grievance process. 16.1.4 Time Limits: Any time limits stipulated in this Article may be extended for stated periods of time by the parties by mutual written Agreement (to include email), and any step or steps of the procedure may be waived by mutual written Agreement (to include email) in an effort to expedite the matter. Time limits will be strictly adhered to if not waived by mutual Final Draft – 12-08-2025 ====================================================================================================== Collective Bargaining Agreement – Bremerton Police Management AssociationTeamsters Local 589 January 1, 20241 through December 31, 20238 Page 14 of 18 agreement of the City and the Union. If the Union fails to file a grievance or advance a grievance to the next step in the grievance procedure within the specified time limit and in the specified manner, the grievance will be considered settled. The Employer’s failure to respond within the time limit at any step in the procedure will permit the aggrieved employee to advance their grievance to the next step of the procedure. 16.1.6 Where time limits are expressed in working days, “working days” will mean Monday through Friday, excluding holidays. 16.2 STEP 1 - An employee who believes that the terms and conditions of this agreement have been violated shall first discuss the action giving rise to the belief with the Police Chief within fourteen fifteen (145) calendar working days of the date the action took place or within fourteen fifthteen (145) working days of the date upon which the employee could reasonably have been expected to know of such action. The employee shall have the right to be assisted by an authorized AssociationUnion representative during this discussion. 16.3 STEP 2 - In the event that the Police Chief does not resolve the grievance to the satisfaction of the employee at Step 1 of this procedure, the employee and/or Union Representative 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 employee shall have the right to be assisted by an authorized AssociationUnion representative in reducing his or hertheir grievance to writing. The employee shall present the written grievance to the Police Chief within fourteen fifteen (154) calendar working days of the date the employee met with the Police Chief. The Police Chief will reduce his or hertheir decision on the grievance to writing and shall transmit the decision to the employee with a copy to the AssociationUnion representative within fourteen fifteen (145) calendar working days of receiving the written grievance. 16.4 STEP 3 - In the event that the Police Chief does not resolve the grievance to the satisfaction of the employee at Step 2 of this procedure, the AssociationUnion shall, on behalf of the employee, transmit a copy of the original grievance along with a copy of the Police Chief’s writ ten response to the Human Resources Manager Director and the Mayor within fourteen fifteen (145) calendar working days of receipt of the Police Chief’s written response. The Human Resources Manager Director and the Mayor shall consider the grievance and may convene a meeting with the AssociationUnion representative in an attempt to resolve the grievance. The Human Resources Manager Director shall reduce his or hertheir decision to writing within fourteen fifteen (145) calendar working days of receipt of the grievance and transmit the decision to the AssociationUnion. 16.5 STEP 4 - In the event that the Human Resources Manager Director and the Mayor do not resolve the grievance at Step 3 of this procedure, the AssociationUnion may request arbitration of the issue by written notification to the Human Resources ManagerDirector. The Human Resources Manager Director and the AssociationUnion shall meet within fourteen fifteen (145) calendar working days of the date upon which the Human Resources Manager Director rendered his or hertheir written decision on the grievance and shall select a neutral arbitrator by mutual agreement or through a mutually agreeable process. Final Draft – 12-08-2025 ====================================================================================================== Collective Bargaining Agreement – Bremerton Police Management AssociationTeamsters Local 589 January 1, 20241 through December 31, 20238 Page 15 of 18 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 nor in any way otherwise alter nor 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. 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 prepa ring and presenting its own case before the arbitrator, including costs of witnesses and attorney 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 Association and the City. All procedures contained herein shall be complied with as expeditiously as practicable. ARTICLE 17 …....... SMOKING POLICY 17.1 The provisions of Human Resources Policy 3-50-05, Smoking Policy, will apply to employees represented by Bremerton Police Management AssociationTeamsters Local Union No. 589., with the following exception: 17.1.1 Employees may smoke outside but must be at least twenty-five feet (25’) from the entrance to any Police Department facility, pursuant to State law. ARTICLE 18 ………. POLICE OFFICERS' BILL OF RIGHTS The wide ranging powers and duties given to the Police Department and its members involve them in all manner of contacts and relationships with the public. Of these contacts come many questions concerning the actions of members of the force. These questions often require immediate investigation by superior officers designated by the Chief of the Bremerton Police Department. In an effort to insure that these investigations are conducted in a manner which is conducive to good order and discipline, the following guidelines are promulgated: 18.1 Internal Investigation Defined - For the purposes of this Appendix, the term "internal investigation" means an investigation by or under the authority of the Chief of Police of activities, circumstances or events pertaining to the conduct or acts of a City law enforcement employee. Such investigation shall be deemed a "criminal investigation" where it is suspected that such conduct or acts are or may be the basis for filing a criminal charge against such employee, and shall be deemed a "major investigation" where it is suspected that such conduct or acts may also or alternatively be the basis for discharge, suspension or other discipline of such employee. 18.2 Employee Advised of Alleged Misconduct - Every employee who becomes the subject of an internal investigation shall be advised at the time of any interview in connection therewith that, as the case may be, (s)he they isare suspected of: 18.2.1 Committing a criminal offense. Final Draft – 12-08-2025 ====================================================================================================== Collective Bargaining Agreement – Bremerton Police Management AssociationTeamsters Local 589 January 1, 20241 through December 31, 20238 Page 16 of 18 18.2.2 Misconduct which would be grounds for termination, suspension, or other disciplinary action; or that (s)hethey may be disqualified for continued employment with the Police Department. At the time of the interview such employee shall also be informed of the name of the officer in charge of the investigation and the name of the officer who will be conducting the interview. 18.3 Representation by Counsel - Any employee who becomes the subject of a criminal investigation may have legal counsel and/or Union Representation present during all interviews of such employee. Such representation by counsel shall be confined to counseling and shall not be authority for any participation by counsel in the investigation. 18.4 Employee to be Informed in Writing-Recorded Interviews - In the case of any major investigation and before any interview commences, the employee to be interviewed shall be informed in writing of the nature of the investigation including information necessary to reasonably appraise him/herthem of the allegations of any complaint and (s)hethey shall be afforded an opportunity and facilities to contact and consult privately with an attorney and/or Union representative of his/hertheir own choosing before being interviewed. Such employee may request that the interview be recorded, either mechanically or by a stenographer, and no questions shall be asked "off the record". Upon request, the employee under investigation shall be provided an exact copy of any written statement (s)he hasthey have signed and a verbatim transcript of any interview of such employee. 18.5 Interviewing Procedures - Interviews shall be held at a reasonable hour and preferably when the employee to be interviewed is on duty unless the exigencies of the interview indicate otherwise. Whenever possible, interviews shall be scheduled during the normal work day of the City. Interviewing shall be completed within a reasonable time and shall be accomplished under circumstances devoid of intimation or coercion. The employee being interviewed shall be entitled to such intermissions as (s)he shall requested for personal necessities, meals, telephone calls, and rest periods. All interviewing shall be limited to the conduct or acts of the employee under investigation which form or may form the basis for disciplinary action, termination of employment or the filing of a criminal charge. 18.6 Intimidation of Employee Prohibited - No employee under investigation shall, as a guise for obtaining such employee's resignation, be falsely threatened with dismissal or other disciplinary action should (s)hethey refuse to resign, nor shall (s)he they be subjected to abusive language or in any other manner intimated or offered promises or reward as an inducement to answer questions. ARTICLE 19………. MANAGEMENT CERTIFICATIONS 19.1 An employee who currently holds or obtains management certifications, or who successfully completes equivalent courses, through the Washington State Criminal Justice Training Commission will receive additional compensation for each certification as listed below: Middle Management Certification One point seven-five percent (1.75%) Executive Certification Two and one/half percent (2.5%) Final Draft – 12-08-2025 ====================================================================================================== Collective Bargaining Agreement – Bremerton Police Management AssociationTeamsters Local 589 January 1, 20241 through December 31, 20238 Page 17 of 18 Maximum additional compensation is capped at 4.25% ARTICLE 20 …………LIFE INSURANCE/MEDICAL SAVINGS ACCOUNT 20.1 LIFE INSURANCE - The City shall provide life insurance coverage in an amount equal to two hundred thousand ($200,000) with a mutually agreed upon carrier. In the event that the Bremerton Police Officers Guild (BPOG) receives Life Insurance in any year of their contract that exceeds $200,000 then the Bremerton Police Management bargaining unit shall also receive the same additional amount. 20.2 RETIREMENT MEDICAL SAVINGS ACCOUNTS: The City shall contribute one hundred dollars ($100.00) per month on behalf of each employee to a Health Retirement Savings Account mutually agreed upon between the City and the BPMAUnion. In the event it is determined that the $100.00 contribution causes the City to pay Cadillac taxes, both parties agree that this article will be opened for negotiations. The parties will negotiate a reduction in the amount that is contributed to the HRA and a way to compensate employees for the amount of the reduction. 20.3 The City shall contribute a lump sum of one thousand two hundred and twenty-five dollars ($1,225.00) this contribution will take place the pay period ending February 15th. ARTICLE 21 ............ SEVERABILITY 21.1 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 AssociationUnion and the City shall immediately meet and attempt to renegotiate any provi sion found invalid. ARTICLE 22 ............ ENTIRE AGREEMENT 22.1 The AssociationUnion 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 AssociationUnion 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 23 ............ CONFLICTING PROVISIONS 23.1 In the event that any provision of this Agreement is found to be in conflict with any other Resolution, Ordinance, Policy, Regulation or Rule of the City, the provision of this agreement shall prevail. ARTICLE 24 ............ TERM This Agreement shall become effective January 1, 20212024 contingent upon ratification by both parties, and shall remain in effect through December 31, 202320286, and may be extended thereafter by mutual Formatted: Strikethrough Final Draft – 12-08-2025 ====================================================================================================== Collective Bargaining Agreement – Bremerton Police Management AssociationTeamsters Local 589 January 1, 20241 through December 31, 20238 Page 18 of 18 agreement. The City or the AssociationUnion may request reopening this Agreement at any time within the six (6) month period prior to the expiration date for the purpose of negotiating changes to be effective upon ratification of the agreement by both the City and the AssociationUnion. This Agreement is hereby submitted to the Bremerton City Council for approval. Upon the approval of the Council, this agreement shall become binding upon the City, the AssociationUnion and all of the employees in the bargaining unit covered by this agreement. APPROVED by the Bremerton City Council on the day of , 20212025. Signed this day of ____________, 20212025. FOR THE CITY OF BREMERTON: BREMERTON POLICE MANAGEMENTFOR THE TEAMSTERS LOCAL Union No. 589 ASSOCIATIONUNION: Greg Wheeler, Mayor Robert Driskell, Secretary TreasurerCaptain Randy Plumb, President Charlotte Nelson, Human Resources Manager ATTEST: APPROVED AS TO FORM: ____________________________________ Angela Hoover, City Clerk Kylie Finnell, City Attorney Hybrid Shelter Update from Community Partners January 2026 Project Discussion JANUARY 14, 2026 Prepared for Bremerton City Council Study Session A14 Background How did our four organizations get involved? City was faced with growing encampments in the downtown area State law required an overnight shelter option be available before encampments could be swept An informal group came together to find shelter options which included our four organizations, the Mayor, and County staff and other service/shelter providers Hybrid model was preferred over a city-owned congregate shelter by the City Council BHA, KMHS, KCR, St. Vincent de Paul were asked to develop the hybrid shelter option Long-Term Site Plan The Sheridan Site Uniquely set up to do several things Hybrid shelter on a small portion of it Long-term plan to develop permanent housing as a phase II following the shelter Embarking on a 5-year strategic plan which will guide us in the development of the plan Discussion Topics What questions do you have? Background Long-Term Site Plan Progress Shelter Capital Costs and Resources Initial Community Outreach Operations Plan Coding and Design Challenges Our Ask The Vision The Partners Systems Engineering Approach To encourage discussion about topics in any order, use the links to jump to the desired page. To navigate back, click the home icon on any page. Progress Site has been purchased and the following feasibility work has been completed: Appraisal report to determine the value of the property Phase 1 environmental site assessment (no environmental issues found) Environmental liens report (no environmental liens found) Chain of title report showing who has owned the property through the years Geotechnical report providing engineering conclusions and recommendations for the proposed development based on the existing soil conditions ALTA survey to determine boundaries, topography, easements, utility locations, trees Title report showing all easements, covenants, restrictions, encroachments, liens Trip generation report to determine the site's impact on local traffic Downstream analysis to determine the stormwater drainage considerations for the property Architectural site plan showing how the site could accommodate the congregate shelter, tiny homes, and housing for senior citizens. Researching location of existing utilities Working with Brandt firm to prepare detailed scope of work and budgets Pre-planning meeting with the city Architect review of zoning and development requirements Expense Category Amount Land Acquisition $2.4M Land Development $2M Pallet/Tiny Home Community $1.4M Congregate Shelter $1M Total Estimated Capital Expenses $6.8M Shelter Capital Costs Contingent on City of Bremerton Requirements Funding Source Amount City of Bremerton (committed)$1.3M Kitsap County (committed)$1.5M Seller Donation (reduced acquisition price)$900K CIAH 2025 (committed)$1.5M WSHFC LAP Loan Funding (approved)$1.5M Total Committed $6.7M Shelter Capital Resources Initial Community Outreach To ensure the project was viable, several meetings have already taken place in the Bremerton and Kitsap. Planning is underway for resident community meetings to be held at or around the Sheridan site. 10/16/2024 - Hybrid model initial presentation to KHHC 10/25/2024 - Hybrid model presentation to Dist. 2 Inter-faith community (invitation from Denise Frey) 1/9/2025 - Hybrid shelter model to Kitsap County Foodbank Coalition 2/10/2025 - District 6 Town Hall Hybrid Shelter Model (invitation from Anna Mockler) 2/14/2025 - Salvation Army Advisory Board 3/6/2025 - District 4 Town Hall Hybrid Shelter Model (invitation from Jane Rebelowski) 5/18/2025 - KHHC Hybrid Model Change Management (get ready for how to engage with new shelter model) 5/23/2025 - Faith Community/Rock the Block in District 2 Hybrid Shelter model 5/28/2025 - Kitsap Fire CARES invite to present Hybrid Shelter model. 8/1/2025 - Joint Hybrid Presentation to Partner Boards (partners presented) 8/22/2025 - Hybrid Shelter model. Kitsap County Safe Babies Court Active Community Team (ACT) meeting invite 10/19/2025 – Hybrid Shelter presentation at Summit Avenue Presbyterian Church Operations Plan Based on Salvation Army, Pendleton Place, and other shelter models in Washington State Includes: 24/7 security On-site staffing Food/meals Total Annual Operations Costs $3M Services funded through partner agencies* On-site or off-site mental health services On-site or off-site health services Substance abuse treatment Coordinated Entry to other shelters and transitional housing Foundational Community Support Services Voucher and Public Housing referral program assistance *These services are provided by KMHS, PCHS, KCR, BHA, and other local providers as part of their agency budgets. Site costs (utilities, insurance, building maintenance, landscaping, laundry, etc.) Shelter operational oversight and funding application assistance Potential resources to cover annual operational expenses: County Shelter Bed Rate - $600k to $1M depending on type and count of shelter beds CIAH Funding Mental Health County Funding from 1/10 of 1% sales tax th City of Bremerton annual contribution (Let’s have a discussion about what number might be possible) State of Washington Commerce grants State of Washington Legislative Direct Awards Charitable contributions from local foundations Department of Health additional bed allowance Total Annual Operations Costs $3M Operations Plan Based on Salvation Army, Pendleton Place, and other shelter models in Washington State Services Plan What are some of examples of services? Kitsap Mental Health Services (KMHS) will provide: Onsite outreach and engagement services at the shelter, to support enrollment in KMHS outpatient, substance use treatment, housing and residential programs Access to KMHS 24/7 programs including Crisis Triage, Pacific Hope and Recovery Center (residential substance use treatment, inpatient unit and residential treatment facilities Provide access to onsite therapeutic group activities Services will be provided Monday – Friday, and will be paid for by KMHS Coding & Design Challenges Emergency Congregate Shelter: Per RCW 35.21.683 A city shall not prohibit transitional housing or permanent supportive housing (including indoor emergency shelters) in any zones in which residential dwelling units or hotels are allowed. Per BMC 20.70.020 allowed outright uses for this parcel include Residential, Hotels, Class 1 group residential facilities as designated within the Harrison Heights Subarea Plan (HHSAP) Confirmation that this parcel would allow an emergency shelter was confirmed by City planning personnel 5/20/25 via email, as well as during the Pre-Application Submittal conference We propose working closely with the City planning department to ensure the City’s needs are met and the project can be built HHSAP has density requirements that we do not meet with the current design of the shelter, even if the lot was split The design features of the hybrid shelter may require a deviation from the HHSAP Coding & Design Challenges Temporary Encampment - Tiny Home Village: The parcel itself could host a temporary encampment right now for 183 days based on BMC ordinance 5393: Temporary encampment can be permitted in all zoning districts (no development codes would apply) Site must be 1 acre Must provide 150sf per resident 20’ perimeter setback; 40’ if adjacent to residential use) Cannot be located in critical areas or their buffers For the encampment to qualify for the extended stay exception (3-years+), we would need one of the following: A change to the zoning code ordinance language like we previously did to include this parcel in the allowable locations for extended stay encampments OR City Council to amend the comprehensive plan and remove this parcel from the Harrison Heights Subarea Plan zoning and return it to the DCC zoning it previously had. Our Ask What do we need from the City? Bremerton City Council and/or the Mayor/City of Bremerton formally endorse the hybrid shelter/transitional housing proposal. City of Bremerton/City Council allocate ongoing funding in its annual budget to support operations Request the City of Bremerton planning department. participate in community discussions regarding the siting of the shelter and streamline the permitting/zoning process as much as possible to assure rapid implementation. Engage in collaborative planning discussions with the partner agencies, Kitsap County and Legislators to support the overall implementation and fund development requirements for the proposed Hybrid shelter project on Sheridan Road. Our Ask What could support look like? Acknowledgement that the City still wants the hybrid model Commitment to pursue necessary zoning and development code changes if needed Help with community outreach – attend to the meetings, listen, help to address concerns Partnership with the police department Financial commitment to help fund on-going operations explored on an annual basis Our initial projections have a gap but we don’t expect the City to cover it all. (Most of the operations dollars will come from county funding through the shelter bed rate, CIAH funding, and Mental Health funding dollars. We are also pursuing dollars through department of health, Foundational Community supports, private donations.) The Vision Work together as a community with our City and our County to provide a shelter model in Bremerton that provides a pathway to permanent housing developed around individual needs, human dignity, safety and security, and a holistic approach to healing, health and overcoming barriers to successfully live in permanent quality housing without causing further trauma through the process. The Partners Why did our four organizations get involved? Hybrid shelter option aligns with the missions of BHA, KCR, KMHS, and St. Vincent de Paul Hybrid model provides a clear entry point into shelter and a pathway out of homelessness through a joint response Systems Engineering Management Plan PHASE 0 Systems engineering is an interdisciplinary approach focusing on designing, integrating, and managing complex systems. Predominantly used to manage and integrate complex business systems and processes. Benefits of Systems Engineering for Nonprofits Improved Coordination: Streamlined communication and collaboration. Resource Optimization: Efficient use of available resources. Enhanced Service Delivery: Better support for shelter residents. Scalability: Ability to expand and adapt to changing needs. Concept Exploration & Benefits Analysis Project Planning and Concept of Operations Development System Definition & Design Validation, Operations & Maintenance, Changes & Upgrades System Development & Implementation PHASE 1 PHASE 2 PHASE 3 PHASE 4 PHASE 5 System Retirement / Replacement Systems Engineering Approach PHASE 0 PHASE 4 PHASE 5 Challenge: Multiple nonprofits and supportive agencies getting timely support to this population in order to advance them along the housing continuum. Goal: Establish a synergistic alignment of multiple agencies to enhance support for the hybrid shelter, its clients, and the broader community we serve. Systems Engineering Management Plan PHASE 1 PHASE 2 PHASE 3 Approach Requirements Analysis: Identify needs and roles of each nonprofit. System Design: Create a cohesive framework for collaboration. Integration: Ensure seamless interaction between different organizations. Verification and Validation: Monitor and evaluate the system's performance. KCAHTF evaluates change management process for shelter operations KCAHTF prepares to meet with supportive agencies to evaluate their level of support for the hybrid shelter Supportive agencies define current service support levels for the hybrid shelter What plans do the supportive agencies have to ensure the system remains effective? Supportive agencies specify needs to finalize integration and implementation Supportive agencies fully implement design changes Systems Engineering Approach Homeless at Entry Initial Contact Intake Assessment Housing Assessment Shelter Diversion Daily OperationsTRANSITIONAL HOUSING SUPPORTIVE HOUSING AFFORDABLE RENTAL Support Services Safety and Security Evaluation EMERGENCY CONGREGATE SHELTER Transitional Supportive Care Cycle Thank You Jill Stanton Bremerton Housing Authority jstanton@bremertonhousing.org Monica Bernhard Kitsap Mental Health Services monicab@kmhs.org Joe Crain St. Vincent de Paul joe@svdpaul.org Tony Ives Kitsap Community Resources aives@kcr.org Public Comment January 14, 2025 A15 Public Comment 01. WA State Law Governing Public Comment 02. Options for Restructuring WA State Law governing Public Comment Public Comment: Legal Authority and Restructuring •RCW 35A.12.120: "The council shall determine its own rules and order of business, and may establish rules for the conduct of council meetings and the maintenance of order." WA State Law governing Public Comment Public Comment: Legal Authority and Restructuring •The Open Public Meetings Act (OPMA RCW 42.30) requires that all meetings of governing bodies of public agencies be open to the public. •It also specifies specific provisions regarding the notice that must be given for meetings and the conduct of meetings. RCW 42.30.240(2) Upon the request of any individual who will have difficulty attending a meeting of the governing body of a public agency by reason of disability, limited mobility, or for any other reason that makes physical attendance at a meeting difficult,the governing body shall, when feasible, provide an opportunity for that individual to provide oral comment at the meeting remotely if oral comment from other members of the public will be accepted at the meeting. Public Comment: Legal Authority and Restructuring OPMA: Remote Public Comment Takeaway: If Council allows in-person public comment, then it must also allow remote public comment. RCW 42.30.250(1)Notices soliciting public comment A public agency that is required by state law to solicit public comment for a statutorily specified period of time, and is required by state law to provide notice that it is soliciting public comment, must specify the first and last date and time by which written public comment may be submitted. Public Comment: Legal Authority and Restructuring OPMA: Notice of Public Comment Takeaway: Council must give adequate notice that it will be accepting comment and specify specific dates/times when it will be accepted. Public Comment 01. WA State Law Governing Public Comment 02. Options for Restructuring Public Comment Option 1: Accept Written Comment Only. Accept written or recorded comments and set a start and end date/time for submittal. Benefits Allows staff to prepare responses and incorporate public feedback into presentations. Allows Council time to thoughtfully review public input. Increases accessibility for those uncomfortable with public speaking, shift workers, and individuals unable to attend evening meetings No Legal Requirement Public Recognition and verbal comments on Consent Agenda and General Business items are not required by law. Option 2: Remove Public Recognition, Keep Comment on Items. Keep verbal public comment on Consent Agenda, General Business items, and Public Hearings. Offer alternatives to Public Recognition. Alternatives to Public Recognition Office Hours Listening Sessions Small-group Meetings Providing opportunities to engage with the community on non-agenda matters in these formats can alleviate concerns about the lack of back-and-forth dialogue at General Business Meetings. Option 3: Hold Public Recognition After General Business Maintain former process to allow comment on ANY item but move Public Recognition to the end of General Business Meetings. Benefits Reduces agenda disruption. Reduces emotional fatigue on officials and staff during presentations and voting. Published for January 14 Study Session Item A15 Public Comments From: Travis Merrigan <bikebremerton@gmail.com> Sent: Wednesday, January 7, 2026 7:34 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Free speech and ugly words Council, When I first heard Brem City Council meetings were cancelling public recognition, I was disappointed. It is a valuable opportunity to discuss important city topics that don't happen to be in front of Council that day. But then I heard the ugly words, spoken by angry men. I changed my mind about public recognition. I heard a speaker tonight claiming the change to city council meetings violated his free speech violations. But he makes the common mistake of confusing his right to speak, with the city's responsibility to broadcast their words. Bremerton has no such responsibility and I greatly appreciate not being required to hear angry, horrible thoughts, which are completely unrelated to the business of the city. Some might say that you, as elected officials, have to listen to that garbage. And that may be true about an encounter you have in the street. But a City Council meeting isn't a free- for-all, and elected officials aren't the only ones in the city's chambers. Elected officials have the responsibility to look after the safety and well-being of all your constituents. So when people use slurs (I heard the 'K' word tonight) or disparage whole groups of people, they forfeit their privilege to use the public microphone to broadcast their views. Besides, look at me, making my opinions known, exercising my free speech right now. Nobody is muzzled. I do hope those hateful words and personal attacks don't affect you personally. Instead, listen to the (often unspoken) words of the thousands of people who voted for you across all your elections. In the wise words of the great western philosopher Tayor Swift, 'Haters gonna hate, shake it off.' I do hope public comment comes back to City Council someday. But just like the shoe bomber made 500m people take off their shoes at airports, spiteful jerks ruin opportunities for others, sigh. City Council can be tough. Y'all be tough too, we've got work to do. Onward, Travis Merrigan Bremerton