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HomeMy WebLinkAbout9007AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Bremerton Kitsap Access Television (BKAT) Service Contract Interlocal Agreement with Kitsap "County (3-Year) Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: 51 November 8, 2017 November 15, 2017 BKAT Char Bumette (360) 473-5011 SUMMARY: The current Contract Inter -local with Kitsap County expires at the end of 2017. The new Service. Contract covers a 3 year period (2018 — 2020). Payment from Kitsap County begins with $50,600.00 (in quarterly payments) and is increased annually based on CPI. ATTACHMENTS: Contract FISCAL IMPACTS (Include Budgeted Amount): $50,600.00 for 2018 with a CPI increase January 1 each year thereafter through 2020. - • -- STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ® Consent Agenda ❑ General Business ' ❑ Public Hearing RECOMMENDED MOTION: Move to accept the Bremerton Kitsap Access Television (BKAT) Service Contract Interlocal Agreement with Kitsap County; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: [Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action BREMERTON KITSAP ACCESS TELEVISION SERVICE CONTRACT INTER -LOCAL AGREEMENT gl8 This agreement is made and executed on this day of_ 201-?, by and between the City of Bremerton (hereinafter referred to as the "City") who operates Bremerton Kitsap Access Television (hereinafter referred to as "BKAT") and Kitsap County (hereinafter referred to as the "County") who agree as follows: Section 1-5cope of Services The City, through Bremerton Kitsap Access Television (hereinafter referred to as BKAT) shall provide governmental access television services including but not limited to video production and program scheduling related to the County's commitments as outlined in this Agreement. BKAT shall provide, consultation; pre- production and post- production services; properly trained staff and volunteers including videographer for field assignments; proceeding/event video on demand and delivery no later than the. 2nd business day following completion of project to program sponsor; and coordination of programming hours and studio time. BKAT's specified numbers of service commitments covered by this agreement are herein established: Number # of hours Total Description Location Schedule ep r Year allotted hours Kitsap County County Second & Commission Administration Fourth Monday Meetings Building of each month 24 4 96 Norm Dicks Center Poulsbo City Hall Kitsap County County Second & Hearing Examiner Administration Fourth Building Thursdays 18 7 126 Miscellaneous Commissioner County Special meetings Administration As requested 3 per year 4 12 or public hearings Building Kitsap Regional Norm Dicks V Tues every 11 4 44 Coordinating Government other month Council Center Kitsap County County As scheduled by Budget Hearings Administration the County 8 6 48 Building 1 per month, Commissioners Various rotating Corner between 12 10 120 Commissioner Around Kitsap Various 6 10 60 Total Hours per year 506 The County shall retain control over program content and designate one person to authorize and schedule programs produced under this agreement. BKAT works with the County to establish regular and consistent playback times for all programming produced under this contract. A schedule of regularly scheduled playback times for recurring programming is included in Appendix A. Production requests by the County that exceed the aggregate value of those covered by this service contract will be taken on a per production and availability basis. Fees for these services are separate from this agreement and billed at $100.00 per hour. Content of all County programs/meetings and projects with BKAT are the sole property of the County. The County has all rights for reuse, rebroadcast or any other use of programming completed under this contract. The County designee and BKAT Public Access Manager will review hours used by the County twice per year: before the end of May and before the end of October. Any unused hours that remain from the designated hours above can be used by Kitsap County for any other production purposes. Once the aggregate value of the contract is reached additional production will be billed at $100 per hour. Any request for public disclosure of any information produced through this agreement shall be forwarded to the County's Public Disclosure Coordinator for a response. Section 2-Payment Obligations In consideration of the services provided pursuant to this Agreement, Kitsap County shall pay Bremerton an annual amount of $50,600.00. The City will submit quarterly invoices and a detail worksheet on April, July, October and December to the County. The City will use the annual amount divided by four to prepare quarterly billings to the County beginning with April billing each year. Kitsap County is responsible to ensure payments are completed within thirty (30) days of invoice receipt. Effective on January 1 of each year thereafter, the amount will be adjusted by the June to June Seattle - Tacoma -Bremerton CPI-U index. In no instance shall the recalculated fee drop below $50,600.00. Services rendered beyond the scope of this Agreement, as set forth in Section 1, shall be billed in addition to the annual amount at the rates established and published by BKAT. Section 3-Term This Service Agreement shall be for a period of three (3) years commencing January 1, 2018 and terminating December 31, 2020. The parties may extend the term of this Agreement by written agreement of the parties prior to the close of the term of the Agreement. The extension shall be for a one- year term. The parties may renew the one-year extension onan annual basis. Section 4-Termination Either party to this Service Agreement may terminate the agreement without cause upon giving one hundred twenty (120) days written notice to the other party. Section 5-Severability In the event any provision in this Agreement is deemed unconstitutional, illegal, or void as a matter of law, the parties agree that all of the provisions of this Agreement that are not affected by such occurrence shall constitute a full and complete Agreement between the parties. Section 6-le]demnifv and Hold Harmless The County and City shall each indemnify, defend, and hold the other harmless from and against any and all claims, suits, actions, causes of action, losses, damage, or liabilities arising or resulting from any alleged negligent or intentional acts or omissions arising out of the performance or non-performance of their respective. responsibilities as set out in this. agree ment:.Solely for the purposes of this section, each party waives its immunity under Title.51 (Industrial Insurance): of the Revised Code of Washingt6n and acknowledges that this waiver was.mutually negotiated bythe parties. This section shall survive termination. or expiration of this agreement.. Section 7-Notices. All, notices and other communications to be given by either party may be given in writing addressed to the appropriate: party as follows: Public Access Manager BKAT (Bremerton kitsap Access Television) 7266 Tibardis.Rd NW Bremerton, WA 98311 Kitsap County Department of Information Services Attention: Public Communications Manager 614 Division Street, MS=11 Port Orchard, WA 98366 CITY OF B EMERTON Greg Wheel " yor APPROVED AS TO, FORM: Roger A. Lubovich, C BOARD OF COUNTY COMMISSIONERS KITSAP " , W . _ GrON ROBERT GELDER, Chair EDWARD E. WOLFE Ctmmiissioner CHARLOTTE GARRIDO, Commissioner ATTEST; l KC-4Sf -17 Appendix A - Programming Broadcast Schedule Kilsag County Commissioners • Regular Meetings on the 2nd and 4th Monday air live. • Recorded programs air everyTuesday at 1:00 a.m. and 11:00 a.m. • Recorded programs air on the 1st and 4th Monday at 7:00 p.m. Kitsan County Hearing Examiner • Recorded programs air every Wednesday at 12:00 p.m. Kitsaa 'Reeional Coordinatine Council • Recorded programs for each meeting airs a minimum of four (4) times. Because the dates of the meeting vary the airing schedule also varies. When meeting dates are announced airing dates will be provided to the Kitsap County Coordinating Council and Kitsap County. KC Budget Hearings • Recorded programs for each hearing will air a minimum of four (4) times. The exact dates and times for airing will be established prior to the beginning of thehearings. .Commissioners Corner • Recorded programs air every Monday at 8:30 p.m. and every Tuesday at 2:00 p.m. Around Kitsap • Recorded programs air every Monday at 9:00 p.m. and every Tuesday at 2:30 pm. -