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
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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.
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&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
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