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Home My WebLink About5199 Contract Number: 5199 Vendor: CITY OF BAINBRIDGE ISLAND Subject: BKAT Services Department: BKAT File Class: LEG 12-1 Begin Date: 1/1/2013 End Date: 12/31/2017 , Review Date: 6/30/2017 Vault Date: 2017 Comments: Addendum Letter 2/25/14; Addendum Letter 8/22/14 - r THE CITY OF PRIDE AND OPPORTUNITY maym. Patty Lent August 22, 2014 Tel 360-473-5266 Fox 36&473-5883 Mr. Douglas Schulze, City Manager City of Bainbridge Island 280 Madison Ave N. Bainbridge Island, WA 98110 Mr. Schulze, Regarding the Service Contract between Bremerton Kitsap Access Television (operated by the City of Bremerton) and the City of Bainbridge Island, dated December 20, 2012 we are acknowledging the change in day of Council Meetings and Study Sessions. Beginning September 2, 2014 the meetings will be held on Tuesdays. BKAT will record the meeting for later re-broadcast, as currently scheduled, as well as facilitate the LIVE broadcast on Bainbridge Island. Please sign below to acknowledge the addendum. Patty Len K, 0ayor DougfSchulze, City lanager City of B&&erton City of Bainbridge Island Contract Number: 5199 Vendor: CITY OF BAINBRIDGE ISLAND Subject: BKAT Services Department: BKAT File Class: LEG 12 -1 Begin Date: 1/1/2013 End Date: 12/31/2017 Review Date: 6/30/2017 Vault Date: 2017 Comments: Addendum Letter 2/25/14 & 61nq ! \ Ci84S7 OD � —_... rr,te�:_-- __ � __ ry _ yry��ry� _ J • UUILS l`.iN U l:./r Irl•LL:AS WILJ O • • O . Mayor Patty Lent mayor@ci bremerton wa us MoaMm CtO 345 6th Street, Suite 600 February 25, 2014 1 Bremerton, WA 98337 -1873 Mr. Douglas Schulze, City Manager City of Bainbridge Island 280 Madison Ave N. Bainbridge Island, WA 98110 Mr. Schulze, Regarding the Service Contract between Bremerton Kitsap Access Television (operated by the City of Bremerton) and the City of Bainbridge Island, dated December 20, 2012 we are acknowledging the change in day of Council Meetings and Study Sessions. Beginning March 3, 2014 the meetings will be held on Mondays. BKAT will record the meeting for later re- broadcast, as currently scheduled, as well as facilitate the LIVE broadcast on Bainbridge Island. Please sign below to acknowledge the addendum. I ayor Doug Schulze, ty Manager ;Of emerton City of Bainbridge Island Contract Number: Vendor Sub�ect. Department File Class Begin Date End Date Review Date Vault Date 5199 CITY OF BAINBRIDGE ISLAND BKAT Services BKAT LEG 12-1 1/1/2013 12/31/2017 6/30/2017 2019 Comments BREMERTON KITSAP ACCESS TELEVISION SERVICE CONTRACT CITY OF BAINBRIDGE ISLAND This Bremerton Kitsa Access Television Service Contract (this "Agreement") is made and executed on this �y of December, 2012 by and between the City of Bremerton (heremafter referred to as "Bremerton"), which operates Bremerton Krtsap Access Television (heremafter referred to as"BKAT") and the City of Bainbridge Island (hereinafter referred to as "Bambridge") Bremerton and Bambndge hereby agree as follows Section 1. Scone of Services. Bremerton, through Bremerton Kitsap Access Television (hereinafter referred to as BKAT), shall provide governmental access television services, mcluding but not limrted to, video production and program scheduling related to Bambndge commitments as outlined in this Agreement BKAT will post the Council meetmgs and study session agendas on the BKAT readerboard BKAT shall provide techmcal support, consultation, pre-production and post-production services and properly tramed staff BKAT's specified numbers of service commitments covered by this Agreement are herem established City of Bainbridge All C�ty Council C�ty Council Study Sess�on Meet�ngs Extra Crty Meetmgs, Pubhc Hearmgs and/or Study Sess�ons City Council Chambers City Council Chambers C�ty Council Chambers meeting hours mclude portal to portal charges sland Commitments N Schedule Second & Fourth Wednesda s F�rst & Third Wednesda s As requested TOTAL 24 24 4 52 Bainbndge Island shall retam control over program content and designate one person to authorize and schedule programs produced under this Agreement BKAT shall provide production and playback of regularly scheduled City Council study sessions and meetings. Production requests by Bambr�dge beyond the scope of this Agreement will be taken on a per production basis. Fees for these services are separate from this Agreement and shall be determmed by the applicable rate structure as published by BKAT Production schedules and timelmes for services beyond the scope of this Agreement shall be determined by the Parties at the time of request Bambndge shall have total control over content of special productions BKAT will work with Bambridge to establish regular, consistent playback times for programs produced under this Agreement Once scheduled, program times shall not be moved, altered or deleted without the consent of Bainbridge Section 2. Pavment Obligations In consideration of the services provided pursuant to this Agreement, Bainbndge shall pay Bremerton an annual amount of $30,000.00 Effective on January 1 of each year thereafter, the amount will be ad�usted by the June to June Seattle- Tacoma-Bremerton CPI-U index In no instance shall the recalculated fee drop below $30,000 00 Services rendered beyond the scope of this Agreement, as set forth m Section 1, shall be billed in addition to the annual amount at the rates established and published by BKAT Bainbridge shall make funds available to Bremerton as follows. On a monthly basis, no later than the last claims batch of each month, Bainbridge shall pay Bremerton 1/12` of the current annual amount as specified herein A monthly invoice will not be provided It is the responsibility of Bambndge to ensure payments are inrtiated and completed m a timely manner and m no event shall payment be processed later than the last claims batch of each month Section 3. Term. This Agreement shall be for a period of five (5) years commencmg January 1, 2013 and terminating December 31, 2017 Section 4. Termination. Either party to this Agreement may termmate the agreement without cause upon giving one hundred twenty (120) days' wntten notice to the other party Section 5. Severabilitv. Should any part of the Agreement be found void, the balance of the Agreement shall remam in full force and effect Section 6. Indemnifv and Hold Harmless. The Parties shall each indemnify, defend, and hold the other harmless from and agamst any and all claims, suits, actions, causes of action, losses, damage, or liabilities arismg or resultmg from any alleged negligent or intentional acts or omissions arising out of the performance or non performance of their respective responsibilrties as set out m this Agreement However, m the event of litigation to enforce any of the terms or provisions of the Agreement herem, each party shall pay all its own costs and attorney's fees Section 7. Notices. All notices and other commumcations to be given by either party may be given in writmg to the appropnate party as follows. Public Access Manager BKAT (Bremerton Kitsap Access Television) 7266 Tibardis Rd NW Bremerton, WA 98311 City Manager City of Bambndge Island 280 Madison Ave N Bambndge Island, WA 98110 Section 8. Compliance with Laws. The Parties shall comply wrth all applicable Federal, State, and local laws m performmg their obligations under this Agreement Section 9. Choice of Law and Venue. This Agreement shall be mterpreted accordmg to the laws of the State of Washmgton Any judicial action to resolve disputes ansmg out of this Agreement shall be brought in the Kitsap County Superior Court Section 10. Assignment. Any assignment of any portion of this Agreement shall not be made without the written consent of both Parties Section 11. Waiver. Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision Waiver of any right of power arismg out of this Agreement shall not be deemed waiver of any other right or power CITY OF BREMERTON CITY_OF GE ISLAND �i %� / i �� ' �r: . APPROVED AS TO FORM Douglas City � Roger A Lubovich, City Atto