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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. Page 1 of 3 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. Page 2 of 3 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 Page 3 of 3