HomeMy WebLinkAbout9052Page 1 of 1
AMENDMENT 1 TO THE BREMERTON KITSAP ACCESS
TELEVISION SERVICE CONTRACT
KITSAP TRANSIT
This Amendment specifically amends the agreement entered into, between the City of Bremerton
(“Bremerton”), which operates Bremerton Kitsap Access Television (“BKAT”), and Kitsap
Transit hereinafter referred to individually as Transit on, August 20, 2020.
For valuable consideration and by mutual consent of the parties, the modifications to the
Contract are as follows:
1. Section 3. Term. Is deleted and replaced with the following: Agreement shall be for a
period of three (3) years commencing January 1, 2021, and terminating December 31, 2023.
2. Section 12. Equal Opportunity Employment Statement. is added to the agreement
stating: It is the policy of the City of Bremerton to offer equal employment opportunity to
all individuals. The City of Bremerton will administer all actions with respect to
employment practices in compliance with federal, state and local laws, and will not
discriminate in any employment practice on the basis of age (40+), sex, race, creed, color,
national origin, sexual orientation/gender identity, marital status, military status, or the
presence of any physical, mental or sensory disability
3. Section 13. ADA Compliance Statement. is added to the agreement stating: The City of
Bremerton does not discriminate on the basis of disability in programs and activities, which
it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and
ADA Amendments Act. This policy extends to both employment and admission to
participation in the programs, services and activities of the City of Bremerton. Reasonable
accommodation for employees or applicants for employment will be provided.
All provisions in the Contract shall remain in full force and effect except as expressly modified
by this document.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the later of the
signature dates included below.
CITY OF BREMERTON KITSAP TRANSIT
____________________________ ____________________________
Greg Wheeler, Mayor John Clauson, Executive Director
APPROVED AS TO FORM
___________________________
Roger A. Lubovich, City Attorney
DocuSign Envelope ID: B2CF8D2E-25B6-4B79-976E-23FF97EC1F15
Page 1 of 3
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
meetings
Norm Dicks
Government
Center
First Tuesday of
the month
11
Extra Board Meeting,
Public Hearing, and/or
Special Meeting
Norm Dicks
Government
Center
As requested
1
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 $5040.00. Effective on January 1,
2021 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
$5040.00. 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.
DocuSign Envelope ID: E67846CE-9A00-42C4-9C2D-C9B994CD472C
Page 2 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,
2021, and terminating December 31, 2024 .
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 Executive Director
BKAT Kitsap Transit
(Bremerton Kitsap Access Television) 60 Washington Ave. Suite 200
7266 Tibardis Rd NW Bremerton, WA 98337
Bremerton, WA 98311
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.
DocuSign Envelope ID: E67846CE-9A00-42C4-9C2D-C9B994CD472C
Page 3 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 Transit
____________________________ ____________________________
Greg Wheeler, Mayor John Clauson, Executive Director
APPROVED AS TO FORM
____________________________
Roger A. Lubovich, City Attorney
DocuSign Envelope ID: E67846CE-9A00-42C4-9C2D-C9B994CD472C
8/19/2020
8/19/2020 8/20/2020