HomeMy WebLinkAbout5821AGENDA BILL
CITY OF BREMERTON 5 E
CITY COUNCIL
SUBJECT: Bremerton Kitsap Access
Television (BKAT) Services Agreement with
Kitsap Transit
Study Session Date:
COUNCIL MEETING'Date:
Department:
Presenter:
Phone:
April 25, 2018
May 2, 2018
Financial Services/BKAT
Jon Rauch
(360) 473-5012
SUMMARY: BKAT will provide services to Kitsap Transit in the form of recording and airing their
board meetings and programming.
ATTACHMENTS: Service Agreement
FISCAL IMPACTS (include Budgeted Amount): Generates $4,800 in Revenue
STUDY SESSION AGENDA: ® Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: ® Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve the Bremerton Kitsap Access Television with Kitsap Transit; and authorize the
Mayor to finalize and execute the agreement with substantially the same terms and conditions as
presented.
COUNCIL ACTION: [f Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/02/2018
BREMERTON KITSAP ACCESS TELEVISION
SERVICE CONTRACT
KITSAP TRANSIT
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 Kitsap Transit hereinafter referred to individually as Transit.
Bremerton and Transit hereby agree as follows:
Section 1. Scope of Services. Bremerton, through BKAT, shall provide governmental access
television services, including but not limited to video production and program scheduling related
to the Transit commitments as outlined in this Agreement. BKAT will post the Transit Board
meeting 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 Transit" table:
BKAT Service Commitments to Kitsap Transit
Description
Location
Schedule
Number per Year
Kitsap Transit Board
Norm Dicks
First Tuesday of
11
meetings
Government
the month
Center
Extra Board Meeting,
Norm Dicks
As requested
1
Public Hearing, and/or
Government
Special Meeting
Center
Total
12
All meeting hours include portal to portal charges. Transit 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 Board
Meetings and provide a video on demand link.
BKAT will work with Transit 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 Transit.
Section 2. Payment Obligations. In consideration of the services provided pursuant to this
Agreement, Transit shall pay Bremerton an annual amount of $4,800.00. Effective on January 1,
2019 and 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
$4,800.00. 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.
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Transit shall make funds available to Bremerton as follows:
On a monthly basis, and no later than the last claims batch of each month, Transit shall
pay Bremerton 1/12 of the current annual amount as specified herein. If Bremerton
provides additional services to Transit beyond those listed in the Scope of Services in
Section 1, a separate invoice will be provided.
Section 3. Term. This Agreement shall be for a period of three (3) years commencing January 1,
2018 and terminating December 31, 2020.
Section 4. Termination. Either party to this Agreement may terminate the Agreement without
cause upon giving one hundred twenty (120) days' written notice to the other party.
Section 5. Severability. Should any part of the Agreement be found invalid, the balance of the
Agreement shall remain in full force and effect.
Section 6. Indemnify and Hold Harmless. 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
BKAT
(Bremerton Kitsap Access Television)
7266 Tibardis Rd NW
Bremerton, WA 98311
Executive Director
Kitsap Transit
60 Washington Ave. Suite 200
Bremerton, WA 98337
Section 8. Compliance with Laws. The Parties shall comply with all applicable federal, state,
and local laws in performing their obligations under this Agreement.
Section 9. Choice of Law and 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.
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 arising out of this Agreement shall not be
deemed waiver of any other right or power.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the later of the
signature dates included below.
CITY OF BREMERTON Kitsap Tr nsit
Gre heeler, Mayor lfjfin Clauson, Executive Director
APPROVED AS TO FORM
R ger A. Lubovich, City Att
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