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HomeMy WebLinkAbout5675AGENDA BILL � E CITY OF BREMERTON CITY COUNCIL SUBJECT: Memo of Understanding with Study Session Date: April 12, 2017 Kitsap County Department of Emergency COUNCIL MEETING Date: April 19, 2017 Management, KITZ Radio, and BKAT Department: Finance — BKAT Presenter: Char Burnette Phone: (360) 473-5011 SUMMARY: Use of Kitsap County owned building (Bremerton Kitsap Access Television Facility) and Radio Tower as an emergency/disaster preparedness broadcast station. ATTACHMENTS: Memo of Understanding FISCAL IMPACTS (Include Budgeted Amount): NA STUDY SESSION AGENDA: © No Presentation ❑ Full Presentation STUDY SESSION ACTION: o Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Memorandum of Understanding with Kitsap County Department of Emergency Management, KITZ Radio, and BKAT; 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 ke - V, -/ 7 MEMORANDUM OF UNDERSTANDING Between Kitsap County (KCDEM/Kitsap County Department of Emergency Management) AND City of Bremerton (BKAT/Bremerton Kitsap Access Television) AND KITZ Radio AM 1400 USE OF KITSAP COUNTY OWNED BUILDING AND RADIO TOWER AS AN EMERGENCY/DISASTER PREPAREDNESS BROADCAST STATION 1. PURPOSE: To establish a partnership between KCDEM, BKAT and KITZ (collectively, "Parties") to provide disaster information to the public in Kitsap County to reduce the loss of life or minimize the suffering before, during, and after an emergency or disaster. 2. AIM: For KITZ to use the facility located at 7266 Tibardis Road NW, Bremerton, Washington ("Facility") as an alternate site to operate and provide critical information to the public before, during and after a disaster in Kitsap County. The Facility is owned by Kitsap County, but is occupied by BKAT pursuant to an Interlocal Agreement dated July 9, 2007. [Kitsap County Contract No. KC -223-07, Bremerton Contract No. 46401 KCDEM seeks to reduce the loss of life and property within Kitsap County attributable to disasters by ensuring that adequate preparedness and mitigation measures and response and recovery mechanisms are established to counteract the impact of natural, manmade and technological hazards. BKAT, a public access television channel operated by the City of Bremerton, and KITZ, a radio broadcasting station licensed to operate in Kitsap County, seek to partner with KCDEM to provide Kitsap County -specific disaster/emergency preparedness and response information to the public. 3. AGREEMENT: The Parties, through KITZ's use of the Facility, desire to provide short- term emergency broadcasting via KITZ AM 1400 to the public in Kitsap County for the purpose of providing life -safety and other essential information to minimize suffering during a County -wide emergency/disaster. It is therefore mutually agreed between the Parties as follows: a. General Areas of Cooperation 1. Within the limits of their resources as well as the laws and practices of Government, KCDEM, KITZ and BKAT shall cooperate in any areas that fall within their objectives as specified in this MOU, or as may be agreed from 1- KCDEAMTZBKAT MOU time to time which shall include but not be limited to those set out in any amendment to this MOU. 2. This MOU shall operate without prejudice to any agreements that may exist between the respective parties and third parties. b. Respective Responsibilities of the Parties The cooperating Parties 11 (a) Notify the other Parties promptly of any changes in circumstances that would make it impossible or difficult to fulfill the terms of this agreement. (b) BKAT may permit and designate, at its own discretion, the use of a 11 portion of the Facility by KITZ and KCDEM for emergency broadcasts during emergenciesll l (c) BKAT and KITZ will cooperate and coordinate to maximize the 11 usefulness of available resources within the Facility. (d) BKAT has the sole ;discretion to determine whether any part of its Facility or any services provided by its Facility are available for use at the time a request is made by KCDEM. Kitsap County will not require BKAT to surrender use of the, Facility or BKAT's services under this Agreement when BKAT determines such surrender would inhibit its operations or the safety or security of personnel in the Facility. (e) Access to the various rooms and materials, possession of keys and storage of materials will be pre -determined and agreed upon by the Parties. (f) The Parties agree that they shall exercise reasonable care in the conduct of all activities in the Facility. (g) The Parties will operate according to the Kitsap Emergency Information System Plan prior to, during and following a disaster or emergency situation as warranted. As appropriate, KCDEM will provide training to BKAT and KITZ staff in emergency communication plans for operations during a disaster. (h) KCDEM will provide information either in the form of written copy, pre- recorded messages or live updates to the broadcasting partners for broadcast to the public in Kitsap County before, during and after emergency/disaster'';' situations, as systems are available and as time permits. 2- KCDEMIKITZBKAT MOIL (i) Broadcasters have the right to edit any information provided by KCDEM without altering necessary life safety information to ensure that proper broadcasting standards and laws are followed. (j) Each Party shall provide and maintain appropriate contact information with the other Parties of the MOU and shall test communication systems and plans between the organizations as set forth in the Kitsap Emergency Information System Plan. 4. SCOPE OF WORK: The Facility shall be used for the purposes enumerated under Paragraph 2 of this agreement. No other use is permitted without written permission of the City of Bremerton and BKAT. Each Party agrees that this relationship is voluntary and each will be responsible for the normal costs of facilities, employees, and equipment use. In the event of a Presidential Declaration under the Stafford Act of 1986, each Party will have the opportunity to apply for public assistance if eligible to do so. 5. HOLD HARMLESS AND INDEMNIFICATION: To the extent not otherwise addressed in Chapter 38.52 RCW, the Parties each agree to defend, protect, hold harmless and indemnify each other 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 while performing under this agreement. The parties have specifically negotiated to provide that each party defend, hold harmless, and indemnify the other parties for all claims, damages, and losses, including attorneys fees, arising from any claim of an individual party's employees for injuries covered by Title 51 RCW, and for which that party could not be held directly liable. 6. DURATION OF AGREEMENT — TERMINATION: This MOU shall remain in effect until cancelled by any participating Party in writing. It is requested that at least 30 days notice be given to all Parties should one Party decide to cancel its participation in the MOU. The MOU shall be reviewed annually by all Parties to ensure that the information contained within the agreement remains accurate. 7. EXECUTION IN COUNTERPARTS: This agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. 8. CONTRACT MANAGEMENT: The Contract Manager for each of the Parties shall be the contact person for all communications regarding the performance of this Memorandum of Understanding. 3- WDEM/KITZBKAT MOU Contract Managers For KCDEM: Mike Gordon 911 Carver Street Bremerton, Wa. 98312 Ph. 360-307-5871 Attest: a Shannon Corin, City Clerk Approved as to form: Roger Lubovich, City Atto KITZ Radio AM 1400 For BKAT: Public Access Manager 7266 Tibardis Road S W Bremerton, Wa. 98311 Ph. 360-308-3019 For: KITZ Conn Williamson 1700 Mile Hill Dr. Port Orchard, Wa. 98366 Ph. 360-535-2184 CITY OF BREMERTON Patty Lent, ay ate Conn )Alliamson �' Date 4- KCDEM/KITZBKAT MOU Attest: P cc 1 Dana Daniels, Clerk of the Board I KITSAP COUNTY BOARD OF COMMISSIONERS NOT PREaNT Charlotte Garrido, Chair Date e Robert Gelder, Commissioner Date 1-7 '. Edward E. Wolfe, Commissioner Date 5- KCDEMIKITZIBKAT MO