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Home My WebLink About4572 �� s�� AGEfVDA BILL 6 G CITY OF BREMERTON CITY COUNCIL SUBJECT: Amendment No. 2 to Study Session Date: January 27, 2016 Interlocal Agreement KC-339-06 with COUNCIL MEETING Date: February 3, 2016 Kitsap County for Public Access Department: Finance Television Funding Presenter: Char Burnette � Phone: (360) 473-5011 SUMMARY: Kitsap County provides Public, Education and Government (PEG) Funding annually to BKAT to support Capital purchases. This is a five (5) year contract extension covering 2016 — 2020. ATTACHMEIdTS: KC-339-066 Addendum A KC-339-06 and 06 A FISCAL IIIAPACTS (Include Budgeted Amount): $171,300.00 STUDY SESSION AGENDA: o No Presentation ❑ Full Presentation STUDY SESSION ACTION: o ConsentAgenda ❑ General Business ❑ Public Hearing RECOMMENDED flAOTION: Move to approve Amendment KC-339-066 to Interlocal Agreement with Kitsap County for Public Access Television Funding and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTIORI: [✓�Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 Revision 2015-09-10 KC-339-06 B AMENDMENT TO INTERLOCAL AGREEMENT FOR PUBLIC ACCESS TELEVISION FUNDING This INTERLOCAL AGREEMENT AMENDMENT (Amendment) is made by and between KITSAP COUNTY, a municipal corporation, with its principal offices at 619 Division Street, Port Orchard, Washington 98366, (COUNTY), and the City of Bremerton, a municipal corporation with its principal offices at 345 6th Street, Bremerton, Washington 98337, (City). In consideration of the mutual benefits and covenants contained herein, the parties agree that their Agreement, number as Kitsap County Contract No. KC-339- 06, executed on August 2, 2006, and its amendment, numbered as Kitsap County Contract No. KC-339-06 A, executed on May 6, 2011 , shall be amended as follows: 1 . Section 10. Annual Reports shall be amended to include the following: H. Annual report identifying all capital investment funding support from PEG fees and support contracts for Bremerton Kitsap Access Television (BKAT). 2. Section 12. Fundinq shall be amended to reflect the following: The County shall pay to the City $171,300 from fees by the cable companies to support public, education, and government access channels.(PEG Fees) for the purchase of capital equipment. The City shall spend funds received from the County pursuant to this Agreement for equipment based on the attached Addendum A: BKAT Capital Equipment Funding Plan. Based on Addendum A, payment wilf be made by the County to the City as follows: $40,100 by April 2016; $40,000 by April 2017; $36,600 by April 2018; $34,600 by April 2019; and a final payment of $20,000 by April 2020. 3. Section 13. Term of Agreement shal� be amended to reflect the following: The stated term is extended through December 31, 2020. 4. Except as expressly provided in this Amendment, all other terms and conditions of the original Agreement, and subsequent amendments, addenda or modifications thereto, remain in full force and effect. This amendment shall !ie effective upon execution by theparties. DATED this��day of � ��' DATED this day of , 20� 201� CI'b'Y �F BREIVIERTON BOARD OF COUNTY COMMISSIONERS KITSAP COUKTY; WASHINGTON � . - PATTY LEN f� � ayor ' ROBERT GELDER,Chair � . rr � APPItOVEID AS TO FORM: EDWARD E. WOLFE,Commissioner � �,. Ci � Attomey CI-IARI.OTTE GARRIDO,Commissioner ATTEST: Dana Daniels, Clerk of the Board This amendment shall be effective upon execution by the parties. DATED this day of , DATED this �� day of ��= , 2015 2015 CITY OF BREMERTON BOARD�OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON e PATTY LENT, Mayor ROBERT GELDER, Chair ��,,;� �� , APPROVED AS TO FORM: EDWARD E. WOLFE, Commissioner l � l---� � City Attorney �CH TE GARRI O, Commissioner ATTEST: � �-�.-�UIVf��. �. '�o ',,�p.T F Q stS'i•� Dana Daniels, Clerk of the Board i�'�. � � �o,� �eC:' �.� 'o � �:.. .�,�•;.�y '�, .;j,�!�s �o?.�,�, ��,�5•yING. ••'�`�.- , ��.,�qP �� ADDENDUM A KC-339-06 B BKAT CAPITAL EQUIPMENT FUNDING PLAN 2016 -2020 Funding to BKAT Requested Funding by% Proposed 2016 Budget Summary Item/Descrintion 2016 2016 Funding Go Pro[iundle 5 800.D0 1009'0 $ 800.00 3 Go Pro Cameras S 1,20D pD 1005� $ 1,200.00 Portable Studie 5 25.000.00 1009� 5 25,000.00 (Visual Presenter,Cameras, Swit�her,Camera Controls, Mon�tors,Tripods, W ireless Mics,Travel Cases) Teleprompters for Studio S 3,OOD.00 100Y 5 3,000.00 Prompter software $ 500.00 1009'0 $ S00 00 Lab Vauli HD 5 5,0�0.00 1009� 5 5,000.00 (2)Cameras for Public 5 4,600.00 100% 5 4,600.00 b40,� - ItemlDescriation Requested Funding by% County 2017 2017 Funded 2017 Budget Summary Studio Upgrade 3 HD camere bodies 5 25,000 00 100% S 25,000.00 3 Camera Remote Controt Units 5 15,000.00 1D0% 5 15,000.00 E 40,000.00 � Requested Funding by°k County ItemlDescriotion 2018 2018 Funded 2018 Budget Summary 3 Field Cameras 5 12,000.00 100% $ 12,000 00 3 wireless mic kits 5 1,800.D0 100% 5 1,800.00 3 tripods/heads 5 10,000.00 100% $ 10,000.00 Misc hatteries,cabies 5 5,000.00 100�o S 5,000.00 Edit Computers S 6,000.00 100% 5 6,000.00 Ed�tSoftwareSubsaption 5 1,800.00 100% $ 1,800.00 $36,600.00 � Requested Funding by% County Item/Descriotion 2019 2019 Funded 2019 Budget Summary Transmitter/Reuevers S 21,000.00 100% $ 21,000.00 for cable digital upgrade Tape 5[orage Systerc S 9,000.00 100% 5 9,000 00 Cameras ior[xternal Projects(2) 5 4,600.OD 100°/ 5 4,600.00 534,600.00 � Requested Fundi�g by% County Item/pescriotion 2020 2020 Funded 2020 Budget 5ummary Tricaster Studio Switcher $ 20,000.00 100% S 20,000 00 Playback System Upgrade (Controller,Hard drive replacement,streamer, encoder/decoder) $ 20,000.00 - Contract Number: 4572 Vendor: KITSAP CO INFORMATION SERVICES Sub3ect: Public Access Television Funding #KC- 339 -06 (BKAT) Department: Finance File Class: LEG 12 -1 Begin Date: 1/1/2006 End Date: 12 /31/2010 Review Date: 9/1/2010 Vault Date: Comments: Termination w/180 days written notice Section 13 of Agrmt relating to term of use amended by 44640 (KC 223 -07) 4/30/2020 Amend #2 5/6/2011 y t Revision 2000 -09 -02 KC- 339 -06 A CONTRACT AMENDMENT This CONTRACT AMENDMENT is made and entered into between KITSAP COUNTY, a municipal corporation, with its principal offices at 614 Division Street, Port Orchard, Washington 98366, hereinafter "COUNTY ", and City of Bremerton, hereinafter "CONTRACTOR" In consideration of the mutual benefits and covenants contained herein, the parties agree that their Contract, numbered as Kitsap County Contract No KC- 339 -06 and executed on 08/02/2006, shall be amended as follows 1 Section 13. Term of Agreement shall be amended to read as follows The Agreement shall be for a period of five (5) years commencing January 1, 2011 and terminating December 31, 2015 2 Section 12. Funding shall be amended to read in its entirety as follows The County shall pay to the City $169,000 from fees by the cable companies to support public, educational, and government access channels (PEG fees) for the purchase of capital equipment The City shall spend funds received from the County pursuant to this Agreement for facilities and equipment based on the attached Addendum A BKAT Capital Equipment Funding Plan Based on Addendum A, payment should be made by the County to the City as follows $22,000 by April 30 of 2011, $17,000 by April 30 2012, $38,000 by April 30 2013, $46,000 by April 30 2014 and a final payment of $46,000 by April 30 2015 3 Except as expressly provided in this Contract Amendment, all other terms and conditions of the original Contract, and any subsequent amendments, addenda or modifications thereto, remain in full force and effect This amendment shall be effective upon execution by the parties 1 � DATED this day , 2011 DATED this a day , 2011 CITY OF BREMERTON KITSAP COUNTY BOAR OF COMMISSI NERS 2j" Patty Lent, Mayor Garri , hair APPROVED AS TO FORM: Ce Gel r omrMioner�� M� City Attorney Josh B�wn, Commissioner ATTEST: Q�� NIVAO Dana Daniels, Clerk of the Board O� O ®r� Q � ® 'm co X 4 5- Co -11P CO�� This amendment shall be effective upon execution by the parties DATED this b Pf day /YID V 1 , 2011 DATED this day ,2011 CITY OF BREMERTON KITSAP COUNTY BOARD OF COMMISSIONERS Patty Lent, ayor Charlotte Garrido, Chair S TO FORM: Robert Gelder, Commissioner Ci Attorney Josh Brown, Commissioner ATTEST: Dana Daniels, Clerk of the Board BKAT CAPITAL EQUIPMENT FUNDING PLAN 2011 - 2015 Funding to SKAT Requested Funding by % Proposed 2011 Budget Summary HernMeseNntbn , 2011 2011 Funding $88 000 00 Projected Income Playback system additions ($16 000 00) Recovery Center Upgrade server capacity $8 000 00 $8 143 49 $6 000 00 (S 15 000 00) Upgrades at SOCC / Admin Emergency crew) $540000 $414886 $4 000 00 (S15 000 00) Set Top Project a Government Cameras for Field Shoots $1500000 $1151905 $1200000 ($22 000 00) Proposed 2011 SKAT Funding replacement 8 upgrades $28,40000 $2180940 $22,00090 $20 000 00 Year End Account Balance w _ 7 gemlDaserlatbn Requested Funding by% County Q 2012 2012 Funded 2012 Budget Summary $88 000 00 Projected Income Microphone Replacement —far $3 000 00 $2 303 81 $2 000 00 ($32 000 00) Central Kitsep Treatment The FCC has changed frogs for wireless ($15 000 00) Set Top Project mica need 3 pans ($25 000 00) Pendergast Park (S 17 000 DO) Proposed 2012 SKAT Funding Edit stations (public) to be canpatlble $400000 33 07175 $300000 Cd with new carneraa, wl scanner and U external hard drives Studio Back Drop Curtain - Replacement $15 000 00 $11 S19 05 $1200000 upgrades 8 replocenlenb ' S 22,000 00 $ 181194.61 7 0 00 ($1 000 00) Year End Account Balance „ Requestat Funding by % County ltemMeaarioNon 2013 2013 Funded 2013 Budget Summary $88 000 00 Projected Income Studio Lights - ReplaeementlUpgrade S50 000 00 $38 396 84 $38 000 00 (326 000 00) North Road Shed The lights currently In use were purchased ($15 000 00) Set Top Project In the early 90s 438 000 00) Proposed 2013 SKAT Funding $50,00000 $38,39664 33600DOO $9,000 00 Year End Account Balance C1U9er9vreye9lDeskteptSKAT Capital Equipment Request 2011 thru 2015 Requested Funding by % County 1ler oyicrlotion 2014 2014 Funded _ 2014 Budget Summary $88000110 Government Cameras for Field Shoots $2000000 $15 358 73 $15 000 00 ($20 000 00) North KNsep 3 cameras w/Mpods S heads ($15 000 00) Set Top Project ($46 000 00) Proposed 2014 SKAT Funding Playback Equipment $40 000 00 $30 717 47 $3100000 Will create RFP for equipment $6000000 $48 $7 000 00 Year End Account Balance Requested Funding by % County hemOntwown 2018 2018 Funded _ 2018 Budget Summary $88 000 DO Tricastsr Studio Switoba► 3 60 000 00 3 4007620 $4600000 ($20 000 00) SOCC Rm Camera upgrades w/ 3 Cameras, Controllers d cablM ($15 000 00) Set Top Project ($48 000 00) Proposed 2015 BKAT Funding $ 6000000 8 46,07620 $7,000 00 Year End Account Balance $20,000.00 2011 Projected budget surplus ($1 000 00) 2012 Projected budget surplus $9 000 00 2013 Projected budget surplus $7 000 00 2014 Projected budget surplus $� 7,00000 2010 Projected budget supms $42,00000 5 year projected budget surplus Percentage calculations Total Percent Wave Subscriber Count 18 345 0767936715 Comeast Subscriber Count 1 331 Subscribers - County 30 676 Subscribers - Crty of Bremerton 7 170 0179492315 Subscribers - City of Poctabo 2100 0 052570971 39 946 1 C1UseraHreyeslDesktoplBKAT Capital Equoment Request 2011 thrtr 2015 • Note 1 COUnty'e PWCOMOP bawd On total su MICISOrs Orel Pay Into PEG Fee funds from all three groups which use BKAT • Note 2 AO figures rounded for eew of accounting. Note 3 Prsvious Cephat — rW (KC•33¢)6) Covered 2008 2007 2008 2008 5 2010 end was for $163 500 00 Note 4 PMVkKMCWWroWMwnwMoMedby@debogdegpiWgxpentetum plan Nk have not reeelved One for Orb 5 year budaet Cycle Noted Total annual hicane from PEG Fees avereae BBBA00 00 $ 52 1100 00 Wave (evg) 8 36 000 00 Cancast (avp) CAUWmftye$Udit"KAT Capllel Equipment Request 2011 gnu 2015 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4572 KITSAP CO INFORMATION SERVICES Funding - Public Access Television Finance LEG 12-1 01/01/2006 12/31/2010 09/01/2010 KC-399-06 Section 13 of Agreement relating to term of use amended by #4640 (KC 223-07) 4/30/2020 AFFIDAVIT OF PUBLICATION Account # 42742 / Ad # 211850 STATE OF WASHINGTON COUNTY OF KITSAP I, Christy Moffitt, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publioation herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of a legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit: --------- ----- Septemoerll, 2007 and that such newspaper was regularlfcilstrlbuted to Its subscnbers durmg all ot said period. That the full amount of the fee charged for the foregoing publication is the sum of $27.45 which amount has not been paid in full. CKfu,\~l^ Y\~1A: (Signature of PrinCipal Clerk) Notary Public in and for the State of Washington, Kitsap County. Subscrihed_andswornJobefore me this day of September 13,2007 ORDINANCE NO. 5022 PASSED by the City Council the 5th day of September, 2007 The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, W A 98337 September 11, 2007.................AD #20050233 .. ,....~;f.~-.,~_.. Vendor Subject Department Status Code Amount Begin Date End Date Review Date Insurance Comments KITSAP CO Funding - Finance GOV $163500.00 01/01/2006 12/31/2010 09/01/2010 GL $ AL $ E&O KC-339-06 Contract Number 4572 INFORMATION SERVICES Public Access Television File Class LEG 12-1 Insurance Total $ Insurance Review Date INTERLOCAL AGREEMENT BETWEEN KlTSAP COUNTY AND THE CITY OF BREMERTON FOR PUBLIC ACCESS TELEVISION FUNDING KC-339-06 This agreement is made and executed by and between Kitsap County (hereinafter referred to as the "County") and the City of Bremerton, a municipal corporation (hereinafter referred to as the "City") which agrees as follows: WHEREAS, the County and City each have the authority and responsibility to issue and oversee cable television franchise agreements; WHEREAS, Federal law allows cable television franchise authorities to require channel capacity for public/education/government programming access; and . WHEREAS, the City and County cable television franchises provide that certain payments shall be made by the franchisees to support the public, educational, and government access channels (PEG fees); and WHEREAS, the County and City have previously executed agreements, which established the City of Bremerton as the entity responsible for the management and operation of the public/education/government access channel and community access center for video productions through Bremerton Kitsap Access Television (hereinafter referred to as "BKA T"); and WHEREAS, the Funding Agreement by and between the County and City related to BKAT - executed on January 11, 1999, and as subsequently amended and extended - has now expired and is in need of replacement; and WHEREAS, public access television serves a base need for public, education, and governmental programming in the City of Bremerton and throughout Kitsap County; and WHEREAS, the County and City have determined that they will provide support for public, education, and government access television through the dedication of certain PEG fees; NOW THEREFORE in consideration of the mutual covenant contained here in, it is hereby agreed as follows: Section 1. Definitions. For the purposes of this Agreement, the following words, terms, phrases, and their derivations shall have the meanings given herein. Access Channel or Public, Educational, or Governmental Access (PEG) Channel means any channel or portion of a channel utilized for non-commercial programming where any member ofthe general public or any organization may be a user. Bremerton Kitsap Access Television (BKAT) means the program, facilities and services provided by the City under this funding agreement. Channel means a portion of the digital or electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel. Franchise or Franchise Agreement means all franchise agreements with cable companies, including all referenced material, adopted in the appropriate manner by the City of Bremerton and Kitsap County. User means any person, organization, institution, business, or group of persons representing such organization or business who use services or resources provided by BKA T or provide programming for cablecast on the access channels. Section 2. Scope of Services. In exchange for the funding provided by the County to the City, pursuant to this agreement, City shall manage the following access services. A. Operate the Access Channels - Public, Education, and Government. Operate the public, educational, and government access channel(s) provided by cable companies to the County for community access programming purposes in a manner which is in compliance with applicable laws, rules, regulations and City and County franchise ordinances, with the primary purpose being to administer, coordinate and assist those requesting access on a non- discriminatory basis. B. Operate a Community Access Center. Manage a video production facility and equipment which shall be available for public use at such hours and times as are determined by the City. Access to equipment and facilities shall be open to all those who satisfactorily complete training class( es) provided by BKA T or who receive a certification from BKA T, identifying said user( s) as having satisfied training requirements through means other than BKA T training classes. c. Provide Equal Access. Provide access to the use of the equipment, facilities, channels, and services provided hereunder on a non-discriminatory basis to all members of the community for non-commercial programming purposes, whether individuals, groups, or organizations on a first-come, first-served non-discriminatory basis, pursuant to operating rules promulgated byBKAT. D. Establish and Maintain Operating Policies and Procedure. Develop policies and guidelines for use and operation of the access equipment, facilities, channel(s) and file such policies, procedures, and rules with the City and County. E. Maintenance of Equipment. Provide regular maintenance and repair of all video equipment purchased with monies received pursuant to this Agreement. F. Promotion. Actively promote the use and benefit of the public, educational, and government access channel(s) and facilities to cable subscribers, the, public, access users, and the cable compames. G. Training. Train interested residents in the techniques of video production and provide technical advice in the execution of productions when requested. H. Other Activities. Based upon available funding, undertake other public, educational, and government access programming activities and services as deemed appropriate by the City and consistent with the obligation to facilitate and promote access programming and provide non-discriminatory access. 1. Technical Standards. BKA T shall develop technical standards as a part of its operating rules and procedures. A decision, if any, to not cablecast a program due to technical problems shall in no way involve consideration of the actual content of the program itself. The City or County will not be held responsible for technical problems under control of the cable system. J. Charges for PEG Access Facilities, Equipment, Training, or Cablecast Time. The purpose of PEG access is to allow members of the community within the Service Area to communicate their activities, opinions, and ideas without interference or censorship. However, the City may find it necessary to charge a fee for use of facilities, equipment, cablecast time, or training. These fees will be limited to that which is necessary to cover operating costs of providing those services and facility use including a provision for administrative and overhead costs. Such fees shall not be used to interfere with or censor a user who seeks to produce PEG access programming. The City will also establish a process to enable individuals without sufficient funds to use equipment, facilities, cablecast time, or to receive training. K. Emergencies/Disasters. Access shall be provided to the broadcast facility for City and County broadcasting of public information during periods of local disasters and public emergencIes. L. Public Service Notices. Provide equal access to County subscribers who are affiliated with government, education, or nonprofit organizations, to post public service announcements using a character generator. Section 3. Channels Open to Public. The City agrees to keep the access channel(s) open to all potential users, subject to FCC regulations, the Cable Communication Policy Act of 1992, and other relevant laws. Neither the City, County, nor .the cable company(s), shall have the authority to control the content of programming placed on the public access channel(s) so long as such programming is lawful. Provided that, nothing herein shall prevent the City, County or cable company(s) from producing or sponsoring programming, prevent the City, County, or cable company(s) from underwriting programming, or prevent the City, County or cable company(s) from engaging in activities designed to promote production of certain types of programming or use by targeted groups as consistent with applicable law and rules for use of channels. BKA T may promulgate and enforce policies and procedures which are designed to promote local use of the channel(s) and make the programming accessible to the viewing public, consistent with such time, manner, and place regulations as are appropriate. Section 4. Copvri2ht Clearance. Before cable casting video transmissions, the City shall require all users to agree in writing that they shall make all appropriate arrangements to obtain all rights to all material cablecast and clearances from broadcast stations, networks, sponsors, music licensing organizations representative and without limitation from the foregoing, any and all other persons as may be necessary to transmit program material over BKA T authorized channels unless such clearance is otherwise provided by the cable company(s). The City shall maintain for the County inspection, upon reasonable notice and for the term required pursuant to applicable records retention laws, copies of all such user agreements. Section 5. Copvri2ht and Ownership. The City and County shall own the copyright of any programs which they may choose from time to time to produce. Copyright of programming produced by the public shall be held by such person(s) who produces said programming. Section 6. Distribution Ri2hts. The City shall require that all programs produced with funds, equipment, facilities, or staff granted under this Agreeplent shall be distributed on the PEG channels. This Section shall not be interpreted to restrict other distribution, so long as such distribution is consistent with the rules' and procedures governing such which shall be promulgated by BKA T and filed with the City and County. Section 7. EQuipment and Facilities. A. The City shall be responsible for maintenance of all equipment owned, leased or loaned to it under this Agreement or purchased with funds provided pursuant to this Agreement. 8. The City and County each shall own all equipment acquired directly by each entity prior to this Agreement and furnished to BKA T for the purposes of providing public, educational, and government access channel(s). All other property acquired prior to the effective date of this Agreement shall be the property of the City. Equipment or facilities purchased with funds received pursuant to this Agreement shall become the property of the City and County upon termination or non-renewal of this Agreement proportionate to their share of revenues contributed pursuant to this Agreement. C. The County agrees to continue providing the facilities at 7266 Tibardis Rd. NW, Bremerton Washington for the use of BKA T for public access purposes during the term of this agreement unless the City provides one hundred eighty (180) day advance written notice of the intent to no longer use those facilities for BKA T purposes except for health or safety reasons. Utilities for the 7266 Tibardis Rd. NW, Bremerton Washington building will be paid as follows: The County will provide (pay) electricity, security alarm system, sewer, and water. The County will perform routine maintenance on the building, grounds, and the parking lot. The City is responsible for garbage and telephone. Section 8. Non-discrimination in Emplovment and Service. A. The City shall not discriminate against any person, employee or applicant for employment or subcontractor on the basis of race, color, creed, religion, sex, marital status, an ancestry, national origin or physical or mental handicap. B. The City shall not discriminate in the delivery of services on the basis of race, color, creed, religion, sex, marital status, an ancestry, national origin or physical or mental handicap. Section 9. Assh!nment and Sublettine. Neither this Agreement nor any interest herein shall be assigned or transferred by either party. Section 10. Annual Reports. Prior to March 15 of each year, the City shall submit to the County the following information: A. Statistics on programming and services provided in the preceding year (January I - Decerpber 31). B. Current and complete listing of Public Access Advisory Committee members. C. Current and complete schedule of rates and charges for PEG access related activities. D. A summary of formal user and viewer complaints or comments along with BKA T responses from the preceding year (January 1 - December 31). E. A copy ofthe City's adopted budget and supporting schedules for BKAT for the current year. F. Unaudited financial reports for BKAT for the preceding year (January 1 - December 31). G. Network status report describing service interruptions,' duration of outages, and cable company response and follow-up. Section 11. Records. A. The City shall maintain all necessary books and records, in accordance with generally accepted accounting principles and applicable records retention laws. B. The City will maintain adequate records and information to demonstrate that funds received from the County pursuant to this Agreement are used for capital expenditures or debt service payments on debt issued to pay for capital expenditures. C. The City shall provide a quarterly budget status report available online at the City website or in the absence of an online report being available the City will provide such report directly to the County. Section 12. Fundinf!. A. The County shall pay to the City $163,500 from fees provided by the cable companies to support public, educational, and government access channels (PEG fees) for the purchase of capital equipment. The City shall spend funds received from the County pursuant to this Agreement for facilities and equipment based on attached Addendum A: BKA T Capital Equipment Funding Plan. Based on Addendum A, payment should be made by the County to the City as follows: $86,500 for the first two years of capital improvements upon execution of this agreement. $44,000 in January 2009 for 2009 capital improvements and $33,000 in January 2010 for 2010 capital improvements. Section 13. Term of Af!reement. The Agreement shall be for a period of five (5) years 'commencing January I, 2006 and terminating December 31, 2010. Section 14. Termination of Af!reement. A. The County or City shall have the right upon one hundred eighty (180) days written notice to the other party to terminate this Agreement without cause. Section 15. Severability. In the event any provision in this Agreement is deemed unconstitutional, illegal, or void as a matter oflaw, the parties agree that all of the provisions of this Agreement that are not affected by such occurrence, shall constitute a full and complete Agreement between the parties. Section 16. Indemnifv and Hold Harmless. The County and City 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. Section 17. Notices. All notices and other communications to be given by either party may be given in writing addressed to the appropriate party as follows: Director of Financial Services City of Bremerton 345 6th Street, Suite 600 Bremerton, Washington 98337 Department of Information Services Director Kitsap County 614 Division Street MS-21 Port Orchard, Washington 98366 Section 18. Public Access Citizens Advisorv Committee. The Mayor of Bremerton, ~ith ,'. confirmation ofthe Bremerton City Council, and the County Commissioners shall appoint the Public Access Citizens Advisory Committee composed of nine members pursuant to Chapter 2.100 of the Bremerton Municipal Code as follows: City County Government Staff Representatives 1 1 User Representatives 1 1 Community Representatives 2 2 Youth Representative Joint Appointment (1) Section 19. Entire A~reement. This Agreement is the entire agreement of the parties and supersedes all prior negotiations and agreements whether written or oral. This Agreement may be amended only by written agreement. +"'- Dated this , day of SQ.~\e ~\oe " , 2006. . ~j(.' CAR Y BOZEMAN ,ivIayor , .'. . "._. .: I -J , ", . ' . ~ . \'>, Dated this J rJ d.- day of August, 2006. BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY WASHINGTON ~O-.Ab_ Q A,ULQ ~ Jan.. ng , Chair a ATTEST; ~ LC" ~ IF-'- Opal Robertson Clerk of the Board ADDENDUM A: SKAT CAPITAL EQUIPMENT FUNDING PLAN ItemlDescription Requested 2006 County Funded Replace Studio Cameras (2), tripods, Dollies, remote controllers, cables And switcher. $ 40,000.00 $ 30,000.00 Playback System additions Replace/add 4 tape and/or dvd decks 4 @$1,800 $ 8,000.00 $ 5,000.00 TOTAL $ 48,000.00 $ 35,000.00 Item/Description Requested 2007 County Funded The City of Bremerton's PEG fees for Capital will kick in after their franchise is finalized in 2007. Microphone Replacement - for public $ 10,000.00 $ 5,000.00 And government use. 20 lavaliere mics, 10 Handhelds w/windscreens, 5 wireless Lavaliere for studio, 1 shotgun/boom mic Truck Equipment re-furbishing $ 5,000.00 $ 5,000.00 Continued upgrading of truck equipment Teleprompter for studio $ 4,000.00 $ 4,000.00 Assists "talent" w/ script Cameras for Public $ 7,000.00 (3) AG_DVC 7 w/ cases and tri-pods Public can borrow these cameras for their productions Edit stations (public) to be compatible $ 2,250.00 with new cameras, w/ scanner and external hard drives. Software for staff and Public $ 2,200.00 $ 1,500.00 {music library, background Screens, weather service info) Playback system additions $ 16,000.00 $ 16,000.00 Add Web streaming, this will upgrade the Channel(s) Camera Replacement - government use $ 10,000.00 $ 10,000.00 SONY - 2 (staff will use these for government productions Misc: Government and Public $ 22,000.00 $ 10,000.00 Edit software, laptops, cameras (2) and tripods TOTAL $ 78,450.00 $ 51,500.00 Requested County Item/Description 2008 Funded Purchase "Sprinter Van" and install equipment $ 100,000.00 This would replace the BKA T truck. It is more compact and efficient. It is a mobile Director space and will haul cameras and other Equipment. The equipment that would be installed In the van would be taken from the truck. Misc Assorted items for the new van that are not compatible $ 3,000.00 From the truck conversion. TOTAL $ 103,000.00 $ Requested County ItemlDescription 2009 Funded Sprinter Van equipment Upgrades to the new van for mobile productions $ 25,000.00 Robotic system; cameras (3) switcher and recorder.' $ 23,000.00 $ 23,000.00 This allows 1 person to do a field shoot (government meetings in various locations) It is easy to transport, set up and operate. Office furniture; desks, chairs, for public use $ 10,000.00 Web streaming equipment $ 16,000.00 $ 16,000.00 Continued addition of equipment for citizens to Access programs for the BKA T library Satellite install $ 17,000.00 To be used for uplink and downlink. BKAT could access Programs for the channels. The BKA T studio could be . used for teleconferencing, etc. Misc. $ 10,000.00 $ 5,000.00 To be used if extra funds are needed for any of the above equipment TOTAL $ 101,000.00 $ 44,000.00 Requested County ItemlDescription 2010 Funded Computers for staff (4), w/printers and laptops $ 25,000.00 $ 15,000.00 Cameras for Public (3) $ 9,000.00 This will be new technology to replace the cameras Purchased in 07. Edit stations (public) to be compatible $ 4,000.00 with new cameras, wI scanner and external hard drives Software (music library, background screens, $ 3,000.00 $ 2,000.00 To stay current with technology) Web streaming equipment $ 26,000.00 Continued addition of equipment for citizens to Access programs for the 8KA T library Camera Replacement - government use $ 12,000.00 $ 6,000.00 Replace cameras purchased in 07 to keep current With technology Misc To be used if extra funds are needed $ 20,000.00 $ 10,000.00 for any of the above equipment TOTAL $ 99,000.00 $ 33,000.00 r . r .;.'~ ~ . . . Grand Total $ 429,450.00 $ 163,500.00