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HomeMy WebLinkAbout5760AGENDA BILL CITY OF BREMERTON 5 1 CITY COUNCIL SUBJECT: Bremerton Kitsap Access Study Session Date: November 8, 2017 Television (BKAT) Service Contract with the COUNCIL MEETING Date: November 15, 2017 City of Bainbridge Island (5 -Year) Department: BKAT- Presenter: Char Burnette Phone: (360) 473-5011 SUMMARY: The current Service Contract with the City of Bainbridge Island expires at the end 'of 2017. The new Service Contract covers a 5 year period (2018 — 2022). Payment from the City of BI begins with $33,000.00 (1/12th paid monthly) and is increased annually based on CPI. ATTACHMENTS: Contract FISCAL IMPACTS (Include Budgeted Amount): $33,000 for 2018 with a CPI increase January 1 each year thereafter through 2022. STUDY SESSION AGENDA: ® 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 with the City of Bainbridge Island; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: [OApprove Form Updated 01/07/15 ❑ Deny . ❑ Table ❑ Continue ❑ No Action BREMERTON KITSAP ACCESS TELEVISION SERVICE CONTRACT CITY OF BAINBRIDGE ISLAND This Bremerton Kitsap Access Television Service Contract ("Agreement') is made and executed by and between the City of Bremerton ("Bremerton"), which operates Bremerton Kitsap Access Television ("BKAT"), and the City of Bainbridge Island ("City"), hereinafter referred to individually as a "Party" and collectively as the "Parties." Bremerton and the City hereby agree as follows: S&66tt 1. Scone of Services. Bremerton, through BKAT, shall provide governmental access television services, including but not limited to video production and program scheduling related to the City's commitments as outlined in this Agreement. BKAT will post the City Council meeting and study session agendas on the BKAT reader board. BKAT shall provide consultation, pre -production and post -production services, and properly trained staff. BKAT's specified numbers of service commitments covered by this Agreement are set forth in the following "BKAT Service Commitments to the City" table: BKAT Service Commitments to the City Descry»hon Location Schedule ;Number ger`Year City Council Regular City Council Second & Fourth 24 Meetings _ Chambers,_.._.__ ' -Tuesdays _ City Council Study City Council First & Third 24 Session Meetin s Chambers` Tuesda Extra City Meetings, City Council As requested 4 Public Hearings, and/or ' Chambers Special Meetings Total .... _._ ..::.. 52 All meeting hours include portal to portal charges. The City shall retain 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. BKAT will work with the City to establish regular, consistent playback lames for programs produced under this Agreement. Once scheduled, program times shall not be moved, altered, or deleted without the consent of the City. Production requests by the City that are beyond the scope of this Agreement will be taken on a per production basis, with examples shown in the "Examples of Additional Services" table below. Fees for these services are separate from this Agreement and shall be determined by the Page 1 of 3 applicable rate structure as published by BKAT. Production schedules and timelines for services that are beyond the scope of this Agreement shall be determined by the Parties at the time of request. The City shall have control of the content of special productions. Examples of Additional Services bescrintion: Location Schedule ,Fee &.Number Per, Year PSAs for City events, Various $100 per hour arts events, etc. Off-site — outside 30-60 seconds - Fees TBD and of City Hall as requested approved at time of request Video magazine News magazine City magazine (As led by City Manager, $4,000 additional cost PIO, Public Engagement Various One per quarter 4 per year staff) BKAT would allow 10 hours to shoot and edit ._each program, .Section Z PRr ment.0646 otm In consideration of the services provided pursuant to this Agreement, the City shall pay Bremerton an annual amount of $33;000:00. Effective on January 1 of each year thereafter, the amount will be adjusted by the June to June: Seattle -Tacoma - Bremerton Consumer Price Index -Urban. In no instance shall the recalculated fee drop below $33,000.00. 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. The City shall make funds available to Bremerton as follows: On a monthly basis, and no later than the last claims batch of each month, the City shall pay Bremerton 1/12 of the current annual amount as specified herein. Bremerton shall provide a monthly invoice to the City. If Bremerton provides additional services to the City beyond those listed in the Scope of Services in Section 1, Bremerton shall include the fee for the additional services in the monthly invoice. S'ection3 Term. This Agreement shall be for a period of five (5) years commencing January 1, 2018, arid terminating December 31, 2022. Sectibir4 Termina66n Either party to this Agreement may tenninate the Agreement without cause upon giving one hundred twenty (120) days' written notice to the other party. Se Wif 5. Seven bi itv:; Should any part of the Agreement be found invalid, the balance of the Agreement shall remain in full force and effect. Page 2 of 3 &ction_b Indemnify and=.Hold.t armless ,The Parties 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 Agreement. In the event of litigation to enforce any of the terms or provisions of the Agreement herein, each party shall pay its own costs and attorney's fees. Section 7. Notices. All notices and other communications to be given by either party may be given in writing to the appropriate party as follows: Public Access Manager City Manager BKAT City of Bainbridge Island (Bremerton Kitsap Access Television) 280 Madison Ave N. 7266 Tibardis. Rd NW Bainbridge Island, WA 98110 Bremerton, WA 98311 Section $. Com tilionce.with Lmys: The Parties shall comply with all applicable federal, state, and local laws in performing their obligations under this Agreement. S'eet1Qn9. Gharce of`Lawnd 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 the Kitsap County Superior Court. S:ectio'n1'ff. Asir riment 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 arising out of this Agreement shall not be deemed waiver of any other right or power. IN WITNESS WHEREOF, the parties have executed this Agreement as of the later of the signature dates included below. CITY OF BREMERTON CI O BA RIDGE ISLAND Patty Lent, yor Doug chul,7 City: Manager r Date;�. Date:,. d, 4007z'7" APPROVED AS TO FORM Ro r Lubovich, City orney Page 3 of 3