HomeMy WebLinkAbout9215 DowSiy.i Fnwlope ID.o9AE34bO-2601.411396A0-1,AfR6BF113R93
CONTRACT NO. KC-481-23
Professional Services Contract
This Professional Services Contract ("Contract") is between Kitsap County. a Washington state
political subdivision, having its principal offices at 614 Division Street, Port Orchard: Washington
98366 ("County) and the City of Bremerton, a municipal corporation having its principal offices
at 345 6°i St., Suite 100, Bremerton, WA 98337 ("City').
In consideration of the terms and conditions of this Contract,the parties agree as follows:
SECTION 1. TERM AND EFFECTIVE DATE
1.1 The Contract will become effective January 1,2024, and terminate on December 31,2026,
unless terminated or extended, the initial term. The Contract may be extended for at the
mutual, written agreement of the parties. In no event will the Contract become effective
unless and until it is approved and executed by the duly authorized representative of
Kitsap County.
SECTION 2. SERVICES
2.1. Scope of Work. City shall provide all 'Services" identified in Attachment A: (Scope of
Work), which is incorporated herein by reference.City shall provide its own equipment at
all locations except the Kitsap County Administration Building Chambers, Norm Dicks
Government Center, City of Bainbridge Island City Hall Chambers, or the City of Poulsbo
City Hall Chambers.
2.2. Contract. `Contract' means this Contract and any exhibits, amendments, and solicitation
documents accepted by the County, and Attachments A (Scope of Work), B
(Compensation), and C (Rates and Fees), D (Programming Broadcast Schedule). All
such documents are incorporated herein in full by this reference.
2.3. Personnel. City shall have and maintain complete responsibility for its Personnel.
"Personnel" means City and City's employees: subcontractors, volunteers, interns,
agents, and any other person utilized by City directly or indirectly or through third parties
to perform any Services under the Contract.
2.4. Standards. City warrants that i) City has the qualifications, knowledge, experience, skills.
and resources necessary to provide all Services; ii) all Services shall be provided by
Personnel experienced in their respective fields and in a manner consistent with the
standards of care,skill,diligence, and knowledge commonly possessed and exercised by
experienced professionals in the same discipline in the same or similar circumstances;
and iii) all Services shall be performed to County's reasonable satisfaction and according
to the schedule agreed to by the parties. BKAT will supply trained staff to operate audio-
visual equipment necessary for the television cablelcastlnetwork streaming and recording.
2.5. Force Maleure. BKAT staff will make a reasonable attempt to work around faults and
disruptions in remote site equipment to the extent allowed by the equipment owners. The
parties agree that the City will not be held responsible for equipment failures, power
outages, network disruptions, or other signal disruptions induced by external service
provider faults or disruption, Internet or cable television outages,weather,vandalism, civil
disobedience or acts of God.
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2.6. Communication. City shall keep County informed of the progress of the Services in the
manner: method: and intervals requested by County.
SECTION 3. COMPENSATION AND PAYMENT
3,1. Compensation. The maximum amount of compensation paid under the Contract shall not
exceed 5153,750 (plus applicable taxes). A description of the compensation is provided
in Attachment B: Compensation, which is incorporated herein by reference.
3.2. Invoice. City will submit one (1) invoice to the County per quarter (March, June:
September, and December)for payment of Services completed to date, unless otherwise
provided herein. Each invoice shall identify the Services performed, dates performed,
hours of service and any other information requested by County and be accompanied by
a detailed worksheet. Prior to invoicing each quarter, City shall use Cognito video service
requests entered in system by County to document actual service types that correspond
to the services completed and invoiced for the quarter. Any Services not identified in an
invoice and/or supporting documentation will not he compensated.
3.3. Payment. County will make reasonable efforts to pay the City within thirty(30) days from
the date the County receives a complete and correct invoice: unless otherwise provided
herein. All funds disbursed to City will be processed by Direct Deposit via Automated
Clearing House (ACH): unless otherwise agreed to by the parties.
3.4. InsurancelW-9 Compliance. All payments are expressly conditioned upon City's
compliance with all insurance requirements and submission of a current IRS W-9 form to
the County. Payments may be suspended in full in the event of noncompliance. Upon full
compliance, payments will be released to City unless otherwise provided herein.
3.5. Restrictions. City will only be entitled to receive payment for Services expressly
authorized in the Contract and received during the Contract term and accepted by
County's Public Communications Manager through Cognito video services requests. City
acknowledges oral requests and approvals of additional services or additional
compensation are prohibited and unenforceable. Advance payments are not authorized.
SECTION 4. TERMINATION
4.1. For Convenience. Either party may terminate the Contract, in whole or in part, without
penalty,for any reason or no reason,with ninety(90)days written notice to the other party.
4.2. For Funding issues. If any funding for Services is not available, withdrawn, reduced, or
limited in any way, or if additional or modified conditions are placed on the funding after
the Contract becomes effective,County may: (1)accept a decreased price offered by City:
(2)terminate the Contract: or(3)terminate the Contract and re-solicit the requirements.
4.3. Termination for Default. County may immediately terminate the Contract, in whole or part,
due to the failure of City to comply with any Contract term or condition, or to make
satisfactory progress in performing the Contract. subject to the provisions of 11.1.
4.4, Procedures. Upon receipt of notice of termination, City shall stop all Services as directed
in the notice: notify Personnel of the termination date, and minimize further costs. All
goods, materials, documents, data, and reports prepared by City under the Contract shall
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become the property of, and delivered to, County on demand. A final payment will be
made to City only for Services performed and accepted by County through the effective
date of termination. No costs incurred after the effective date of the termination will be
paid.
SECTION 5. INDEMNIFICATION
5.1. Each party agrees to defend and indemnify the other party and its elected and appointed
officials, officers, employees and agents against all claims, losses, damages, suits and
expenses, including reasonable attorneys'fees and costs, to the extent they arise out of
the negligence or willful misconduct of the indemnitor or its elected or appointed officials,
officers, employees and agents in the performance of this Agreement. The indemnitor's
duty to defend and indemnify extends to claims by the elected or appointed officials,
officers, employees, or agents of the indemnitor or of any contractor or subcontractor of
indemnitor.
SECTION 6. INSURANCE
6.1. Minimum Insurance Required. The City and its subcontractors, if any, shall procure and
maintain, until all of the Contract obligations have been fully discharged, including any
warranty period, all insurance required in this Section with an insurance company duly
licensed in Washington State with an A.M. Best Company ratings of not less than A-VIII
and a category rating of not less than '8", with policies and forms satisfactory to the
County. Use of alternative insurers requires prior written approval from the County.
Coverage limits shall be at minimum the limits identified in this Section, or the limits
available under the policies maintained by the City without regard to the Contract,
whichever is greater.
6.2. Professional Liability. Not less than $1,000,000 per claim and $2,000,000 annual
aggregate. Coverage will apply to liability for professional error, act or omission arising out
of or in connection with the City's Services under the Contract. The coverage shall not
exclude bodily injury, property damage or hazards related to the work rendered as part of
the Contract or within the scope of the City's services under the Contract, including testing,
monitoring, measuring operations or laboratory analysis where such Services are
rendered under the Contract.
6.3. Commercial General Liability ("CGL"). Not less than S1,000,000 per occurrence and
$2,000,000 annual aggregate. Coverage shall include personal injury, bodily injury, and
property damage for premise-operations liability, products/completed operations,
personal/advertising injury, contractual liability, independent City liability, and stop
gaplemployer's liability. Coverage shall not exclude or contain sub-limits less than the
minimum limits required herein, without the prior written approval of the County. The
certificate of insurance for the CGL policy shall expressly cover the indemnification
obligations required by the Contract.
6.4. Automobile Liability. Not less than $1,000,000 per occurrence and $2,000,000 annual
aggregate. Coverage shall include liability for any and all owned, hired, and non-owned
vehicles Coverage may be satisfied with an endorsement to the CGL policy.
6.5. Umbrella or Excess Liability. Contractor may satisfy the minimum liability limits required
for the CGL and Automobile Liability under an Umbrella or Excess Liability policy. There
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is no minimum per occurrence limit of liability under the Umbrella or Excess Liability:
however,the annual aggregate limit shall not be less than the highest-Each Occurrence"
limit for either CGL or Automobile Liability. City agrees to an endorsement naming County
as an additional insured as provided in this Section,unlessthe Umbrella or Excess Liability
provides coverage on a "Follow-Form'basis.
6.6. Workers Compensation and Employer Liability. If applicable. City shall maintain workers'
compensation insurance as required under the Title 51 RCW(Industrial Insurance): for all
City's Personnel eligible for such coverage. If the Contract is for over$50,000, then City
shall also maintain employer liability coverage with a limit of not less than $1,000,000.
6.7. Primary, Non-Contributory Insurance/Subcontractors. City's and its subcontractors'
insurance policies and additional named insured endorsements will provide primary
insurance coverage and be non-contributory. Any insurance or self-insurance programs
maintained or participated in by the County will be excess and not contributory to such
insurance policies. All City's and its subcontractors' liability insurance policies must be
endorsed to show as primary coverage. City shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and endorsements for each
subcontractor. All subcontractors shall comply with all insurance and indemnification
requirements herein.
6.8. Review of Policy Provisions. Upon request: City shall provide a full and complete copy of
all requested insurance policies to the County. County reserves the right without
limitation, but has no obligation to revise any insurance requirement, or to reject any
insurance policies that fail to meet the requirements of the Contract- County also has the
right, but no obligation to review and reject any proposed insurer providing coverage
based upon the insurer's financial condition or licensing status in Washington. County has
the right to request and review the self-insurance retention limits and deductibles, and
City's most recent annual financial reports and audited financial statements: as conditions
of approval. Failure to demand evidence of full compliance with the insurance
requirements or failure to identify any insurance deficiency shall not relieve City from: nor
be construed or deemed a waiver, of its obligation to maintain all the required insurance
at all times as required herein.
6.9. Waiver of Subrogation. In consideration of the Contract award, City agrees to waive all
rights of subrogation against County, its elected and appointed officials, officers,
employees- and agents.This waiver does not apply to any policy that includes a condition
that expressly prohibits waiver of subrogation by the insured or that voids coverage should
City enter into a waiver of subrogation on a pre-loss basis.
6.10. Additional Insured. Endorsement and Certificate of Insurance. All required insurance
coverage: other than the workers'compensation and professional liability. shall name the
County, it's elected and appointed officials, officers, employees, and agents, as additional
insureds and be properly endorsed for the full available limits of coverage maintained by
City and its subcontractors. Endorsement is not required if the City is a self- insured
government entity, or insured through a government risk pool authorized by Washington
State.
The Certificate of Insurance and endorsement shall identify the Contract number and shall
require not less than thirty(30) days' prior notice of termination, cancellation, nonrenewal
or reduction in coverage. At the time of execution, the City shall provide the Certificate of
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Insurance, endorsement, and all insurance notices to: Risk Management Division, Kitsap
County Department of Administrative Services,614 Division Street, MS-7, Port Orchard,
Washington 98366.
6.11. General.The coverage limits idenfified herein are minimum requirements only and will not
in any manner limit or qualify the liabilities or obligations of City under the Contract. All
insurance policy deductibles and self-insured retentions for policies maintained under the
Contract shall be paid by City. Any failure to comply with reporting provisions of the
policies shall not affect coverage provided to County, its elected and appointed officials.
officers, employees, or agents. City's insurance shall apply separately to each insured
against whom a claim is made or suit is brought, subject to the limits of the insurer's
liability.
6.12. Claims-Made. If City's liability coverage is written as a claims-made policy, City shall
purchase an extended-reporting period or"tail"coverage for a minimum of three(3)years
following completion of the performance or attempted performance of the provisions of
this Contract.
SECTION 7. NOTICE AND CONTRACT REPRESENTATIVES
7.1. Any notices,demands and other communications required by the Contract will be effective
if personally served upon the other party or if mailed by registered or certified mail,postage
prepaid, return receipt requested, to the other party's Contract Representative at the
address below. Notice may also be given by facsimile with the original to follow by regular
mail. Notice will be deemed to be given three (3) days following the date of mailing, or
immediately if personally served. For service by facsimile. service will be effective at the
beginning of the next working day. Each party will designate a "Contract Representative",
which may be changed by providing fifteen (15) days prior notice to the other party.
County s Contract Representative
Title: Public Communications Manager
Address: 614 Division Street, MS-11, Port Orchard,WA 98366
Phone: 360-337-5777
Email: Public Communication Manager and IrevesAkitsap.gov.
City's Contract Representative
Name: Colleen Miko
Title: Public Access Manager BKAT(Bremerton Kitsap Access Television)
Address: 345 6th Street, STE 100, Bremerton, WA 98337
Phone: 360-473- 5014
Email: Colleen.miko( ci.bremerton.wa.us
SECTION 8. AMENDMENTS, SUBCONTRACTS, INDEPENDENT CITY
8.1. Amendment. No amendment or modification to the Contract will be effective without the
prior wriften consent of the authorized representatives of the parties.
8.2. Successors and Assigns. To the extent permitted by law, the Contract is binding on the
parties' respective partners, successors, assigns, executors, and legal representatives.
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8.3. Assignments. Except with the prior written consent of the other party, each party shall not
assign or transfer, including by merger(whether that party is the surviving or disappearing
entity), consolidation,dissolution, or operation of Law any right: duty, obligation: or remedy
under the Contract. Any purported assignment or transfer in violation of this section shall
be void.
8.4. Subcontracts. City shall provide County a list of all subcontractors and the subcontractors'
proposed responsibilities."Subcontract means any contract,express or implied: between
City and another party or between a subcontractor and another party delegating or
assigning, in whole or in part: the making or furnishing of any material or service for the
performance of the Contract. All subcontracts shall incorporate by reference the terms
and conditions of this Contract. City is solely responsible for the performance and
payment of its subcontractors.
8.5. Independent Contractor. Each party under the Contract shall be for all purposes an
independent contractor. Nothing contained herein will be deemed to create an
association, a partnership, a joint venture, or a relationship of principal and agent, or
employer and employee between the parties. City shall have complete responsibility and
control over its Personnel. Neither City nor its Personnel shall be, or be deemed to be, or
act or purport to act, as an employee, agent or representative of County. City and its
Personnel shall have no County employee-type benefits of any kind whatsoever, including
without limitation, insurance, pension plan: vacation pay or sick pay, or other right or
privilege afforded to County employees. City and its Personnel shall be responsible for
payment of all insurance,taxes, and benefits.
SECTION 8. OWNERSHIP,CONFIDENTIAL INFORMATION AND BREACH
9.1. Ownership. Any and all data, reports, analyses: documents, photographs, pamphlets,
plans, specifications: surveys,films, or any other materials created, prepared, produced.
constructed, assembled, made performed, or otherwise produced by City or its Personnel
for delivery to County under this Contract shall be the sole and absolute property of
County. All such property shall constitute "work made for hire" as defined by the U.S.
Copyright Act of 1976, 17 U.S.0§ 101, and the ownership of the copyright and any other
intellectual property rights in such property shall vest in County at the time of its creation.
Ownership of the intellectual property includes the right to copyright, patent: and register,
and the ability to transfer these rights. Material City uses to perform this Contract that is
not created, prepared, constructed, assembled, made, performed, or otherwise produced
for or paid for by County is owned by City and is not"work made for hire'within the terms
of the Contract.
9.2. Confidential Information/Breach. City shall ensure that all personal identifying information,
financial information: and other information submitted or made available to City by, or on
behalf of,County: or acquired or developed by City in the performance of Contract(unless
publicly available) is kept confidential, secured, and protected to prevent unauthorized
access. Such information will be utilized by City solely as necessary for the performance
of Services under Contract and not made available to any other person without County's
prior written consent. In the event of unauthorized access or other security breach, City
shall immediately notify Contract Representative and shall at its sole expense comply with
all requirements of RCW 19.255.010, in effect at any given time. Upon expiration or
termination of Contract, all confidential information shall be returned to County or
destroyed at County%discretion.
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SECTION 10. REPRESENTATIONS AND RECORDS
10.1. No Fee. City certifies it has not received, nor paid or agreed to pay, another person or
entity, other than a bona fide employee working exclusively for City, any fee, commission,
percentage, gift, or any other consideration contingent upon or resulting from the award
or making of the Contract.
10.2. Licenses. Permits and Taxes. City shall, at its own expense: have and maintain all
licenses: registrations, permits, and approvals necessary for the performance of the
Contract, including without limitation, registration with the Washington State Department
of Revenue. City shall pay all fees (including licensing fees) and applicable federal, state,
and local taxes.
10.3. Compliance. City and its Personnel: and the Services provided by City and its Personnel,
shall comply with all applicable laws: codes, and standards in effect at any given time
regardless as to whether such laws are referred to by County. If required for the Services
provided, City and its Personnel shall submit to a background check as directed by
County.
10.4. Nondiscrimination. City and its Personnel shall not discriminate against any person on the
basis of race, color, creed, religion, national origin, age: sex, marital status, sexual
orientation, veteran status, disability, or other circumstance prohibited by federal, state, or
local law, and shall comply with Title VI of the Civil Rights Act of 1964, P.L. 88-354 and
Americans with Disabilities Act of 1990 in the performance of the Contract.
10.5. Public Records. City acknowledges the Contract and all public records associated with
the Contract shall be available to County for inspection and copying by the public where
required by the Public Records Act, Chapter 42.56 RCW("Act"). To the extent that public
records in the custody of City are needed for County to respond to a request under the
Act: as determined by County: City shall make them promptly available to County at no
cost to the County. If City considers any portion of any record provided to County under
the Contract: whether electronic or hard copy: to be protected from disclosure under the
law, City shall clearly identify all specific information it claims to be confidential or
proprietary. If County receives a request under the Act to inspect or copy the information
that has been identified by City as protected from disclosure and County determines that
release of the information is required by the Act or otherwise appropriate, County's sole
obligation will be to make a reasonable effort to notify City of the request and the date that
such protected information will be released to the requester unless City obtains a court
order to enjoin disclosure pursuant to RCW 42.56.540. If City fails to timely obtain a court
order enjoining disclosure. County will release the requested information on the date
specified. County has, and by this Section assumes, no obligation on behalf of City to
claim any exemption from disclosure under the Act. County will not be liable to City for
releasing records in compliance with the Act: this Section or court order.
10.6. Advertising. Logo. City shall not use, advertise, or promote for commercial benefit
information concerning the Contract or use any trade name: trademark, or logo of County,
without County's prior written consent.
10.7. Audit and Record Retention. City and its Personnel shall retain all books: documents, and
records relating to performance of the Contract and Services provided in connection with
this Contract for six(6) years after completion of the Contract or longer if requested by the
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County.All records shall be subject to inspection and audit by County. Upon request, City
shall promptly make available to County a legible copy of all books, documents, and
records at no cost to County.
SECTION 11. RIGHTS AND REMEDIES
11.1. Failure to Perform. If County determines City has failed to perform any material obligation
of the Contract, and such failure has not been cured within ten(10)days' following notice
from County: County may without penalty, in its discretion, withhold all monies due City
until such failure is cured to the reasonable satisfaction of County.
11.2. Right of Assurance. If County in good faith has reason to believe City does not intend, or
is unable to perform, or continue performing under Contract, County may demand in
writing that City give a written assurance of intent to perform.Should the City fail to provide
adequate assurance to the reasonable satisfaction of County, by the date specified the
demand, County may terminate all or part of the Contract and pursue all other rights and
remedies available at law and in equity.
11.3. Responsibility for Errors. All Services shall be completed to the reasonable satisfaction of
County and as required herein. Upon request, City shall provide any clarifications and/or
explanations regarding any Services provided as required by County, at no additional cost
to County. In the event of an error or omission under the Contract: City shall, at no cost to
County, provide all necessary design drawings: estimates: and all other professional
services County deems necessary to rectify and correct the matter to the satisfaction of
County. City shall continue to be responsible for the accuracy of Services. even after the
Work is accepted by County and the termination or expiration of the Contract.
11.4. Remedies. All County rights and remedies under the Contract are in addition to, and shall
in no way limit, any other rights and remedies that may be available to County at law and
in equity. Both parties agree that the use of arbitration is available.
11.5. Riaht of Off-Set Reimbursement. County will be entitled to offset against any sums due
City and to reimbursement from City for any damages, expenses, or costs incurred by
County due to City's nonconforming performance or failure to perform the Services under
the Contract.
11.6. Waiver. Either party's failure to insist upon the strict performance of any provision of the
Contract: or to exercise any right based upon a breach thereof or the acceptance of any
performance during such breach, will not constitute a waiver of any right or remedy under
the Contract unless expressly so agreed in writing by an authorized representative.
11.7. Breach. In the event of a material breach by City: County may procure. on terms and in
the manner that it deems appropriate. Services to replace those under the Contract. City
shall be liable to County for any and all costs, expenses. penalties, and fees incurred by
County n procuring such Services in substitution for those due from City under the
Contract.
SECTION 12. GOVERNING LAW, DISPUTES
12.1. Governing Law: Venue. The Contract will be governed in all respects by the Jaws of the
State of Washington: both as to interpretation and performance,without regard to conflicts
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of law or choice of law provisions. Any action arising out of or in connection with the
Contract may be instituted and maintained only in a court of competent jurisdiction in
Kitsap County, Washington or as provided by RCW 36.01.050.
12.2. Disputes. Conflicts and disagreements between the parties related to the Contract will be
promptly brought to the attention of the County.
SECTION 13. PREVAILING WAGE
Not Applicable
SECTION 14. GENERAL PROVISIONS
14.1. Implied Contract Terms. Each provision of law and any terms required by law to be in the
Contract are made a part of the Contract as if fully stated in it.
14.2. Headings/Captions. Headings and captions used are for convenience only and are not a
part of the Contract and do not in any way limit or amplify the terms and provisions hereof.
14.3. No Party the Drafter. The Contract is the product of negotiation between the parties, and
no party is deemed the drafter of the Contract.
14.4. No Third-Party Beneficiary. No provision of the Contract is intended to, nor will it be
construed to, create any third-party beneficiary or provide any rights or benefits to any
person or entity other than the County and City.
14.5. Severability. If a court of competent jurisdiction holds any provision of the Contract to be
illegal, invalid,or unenforceable. in whole or in part, the validity of the remaining provisions
will not be affected, and the parties' rights and obligations will be construed and enforced
as if the Contract did not contain the particular provision held to be invalid. If any provision
of the Contract conflicts with any statutory provision of the State of Washington. the
provision will be deemed inoperative to the extent of the conflict or modified to conform to
statutory requirements.
14.6. Counterparts. The Contract may be executed in several counterparts, each of which will
be deemed an original: but all of which together will constitute one and the same
agreement.
14.7. Non-Exclusive Contract. County may at its discretion enter into multiple agreements to
obtain the same or similar services that are the subject of this Contract or may have its
own employees perform the same or similar services contemplated by the Contract.
14.8. Survival. Those provisions of this Contract that by their sense and purpose should survive
expiration or termination of the Contract shall so survive.Those provisions include,without
limitation: Sections 5 (Indemnification). 6 (Insurance), 8.5 (Independent Contractor), 9
(Ownership, Confidential Information and Breach), 11 (Rights and Remedies), 12
(Governing Law, ), and 14 (General Provisions).
14.9. Entire Agreement. The parties acknowledge the Contract is the product of negotiation
between the parties and represents the entire agreement of the parties with respect to its
subject matter. All previous agreements and representations, whether oral or written,
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entered into prior to this Contract are hereby revoked and superseded by the Contract.
14.10. Authorization. Each party signing below warrants to the other party: that they have the
full power and authority to execute this Contract on behalf of the party for whom they sign.
Dated this 'th day of Daxmb;:r , 2023 Dated this ic day o Ja fl__ 202'
CITY OF BREMERTON BOARD OF COUNTY COMMISSIONERS
M� KITSAP COUNTY, WASHINGTON
E .ronv.e•enr6...
Signature KATHERINE T.WALTERS,Chair
(ireG Wheeler
• �� art
Name CHRISTINE ROLFES,Commiss" ner
Mayor _ dialt•• ------
Title CHARLOTTE GARRIDO,Commissioner
ATTEST:
� /G
Dana Daniels; erk of the Board
ram -.•a. _
C^ � •
.o Fo• .
e Nb1 �. T Q•• rrr
Approved as lu Ti, '` •
.f : * • ;
City'Wormy ;I.� • • '
•
•
a••••••by:
a1,r...
Altus!Oily Clerk
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ATTACHMENT A
SCOPE OF WORK
The City, through Bremerton Kitsap Access Television (hereinafter referred to as BKAT) shall
provide governmental access television services including but not limited to video production and
program scheduling related to the County's commitments as outlined in this Scope of Work. BKAT
shall provide the following:
• Consultation services;
• Pre-production, production. post-production, travel, cablecasting, video-on-demand and
agenda indexing;
• Properly trained staff and volunteers, including videographer for field assignments;
• Proceeding/event video on demand and upload no later than the 2nd business day
following completion of project;
• Coordination of programming hours;
• Schedule studio time as needed;
• Creation of video content. script writing, providing staff for an-camera talent, scheduling,
producing, and directing for field productions, as requested.
BKAT's estimated service commitments covered by this Contract total 552 hours and are as
follows:
TABLE 1: GOVERNMENT MEETINGS AT STANDARD RATE
Description Location Schedule Meetings Estimated Total
per Year #of hours hours
allotted
Kitsap County County Administration 2nd&4th 24 5 120
Commission Building, Norm Dicks Monday of
Meetings Gov. Center, Poulsbo each month
or Bainbridge Island
City Hall
Kitsap County County Administration 21° &4'h 24 4.5 108
Hearing Examiner Building Thursdays
Kitsap Regional Norm Dicks 12'Tuesday 6 4 24
Coordinating Government Center every other
Council month
Planning County Administration 1st& 3td 24 5 120
Commission Building Tuesday
each month
Kitsap County County Administration TBD at time 2 6 12
Budget Hearings Building of request"
Total 384
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TABLE 2:COMMISSIONER'S CORNER AT STANDARD AND/OR FIELD PRODUCTION RATE
Description Location Schedule Estimated#of Total
hours allotted hours
Commissioner's Various, including 8 per year, rotating 21 168
Corner BKAT Studio between Commissioner*
Total 168
'Production requests outside of government meetings will be taken on a per production basis. Production
schedules and timelines for services shall be determined by the Parties at time of request. Minimum 30-
days prior video services request to City's Contract Representative for planning/scheduling purposes
requested. For live-stream and weekend/holiday requests, minimum 60-days prior video services request
is strongly encouraged.
Program Content:The County shall retain control over program content and designates the Public
Communications Manager as the person who authorizes additional production under this
agreement. Content of all County programs/meetings and projects with BKAT are the sole
property of the County. County and BKAT both have all rights for reuse,rebroadcast,or any other
use of programming completed under this Contract.
Playback Schedule: BKAT works with the County to establish regular and consistent playback
times for all programming produced under this Contract. A schedule of regularly scheduled
playback times for recurring programming is included in Attachment D.
Usage Review: Before the end of March and before the end of October, the County Public
Communications Manager and BKAT's Public Access Manager will review the total number of
hours used by the County. Any unused hours that remain from the designated hours above can
be used by Kitsap County for any other video production purposes, including other miscellaneous
video productions at standard rate and/or field production rate (Live stream or Weekend
Rate/Surcharge may apply).
Deliverables: Final video product deliverables shall be a completed video program in .mp4 or
.mov file format, available as direct download from BKAT Video on Demand (VOD) site(s). City
will provide link(s) to finalized VOD files upon project completion. County is responsible for
downloading and retaining any deliverable file copies. If County wishes to retain any source video
files ("B-Roll", etc.), request must be made at time of production and City shall provide said files
by copying onto portable hard drive(s)provided by County within 30 days of final program delivery.
BKAT shall provide a video on demand (VOD) link for public viewing and download. BKAT will
maintain VOD archive for government meetings at least one year after original meeting date,with
County responsible for downloading weekly and storing their own primary VOD copies of
meetings if desired for record-keeping.
Cancellation Policy: Any field production or studio production service approved in Cognito will be
subject to cancellation fee of 2 hours at the standard service rate if cancelled within 48 hours of
production date. Cancellation policy does not apply to Table 1 government meetings with the
exception of Kitsap County Budget Hearings.
13 ' Page
Doc.isign Envelope ID:D9AE345n-25D1-4117-9BAU-1ADD881D3693
ATTACHMENT B
COMPENSATION
The maximum amount of compensation paid under the Contract shall not exceed $153,750(plus
applicable taxes).
2024—Services performed under this Contract shall be reimbursed at the appropriate production
type rate as listed in Attachment C. The maximum amount of compensation paid under the
Contract by the County for 2024 shall be $60,168.00 for standard Attachment A table 1
productions and an additional estimated $14:482 for field production Attachment A. table 2
productions for a contract total not to exceed amount of 575,000 (plus applicable taxes).
2025 — The Compensation for Services in 2025 may be increased in an amount not to exceed
5%. The maximum amount of compensation paid under the Contract by the County for 2025 shall
not exceed $78,750 (plus applicable taxes).
14 IPage
Doci.Sign Envelope ID:09AF3450-25D1-4113-98AD-1ADE168F03893
ATTACHMENT C
RATES AND FEES
Standard Rate: Standard Rate applies to production of government meetings at specified remote
meeting locations listed in Table 1 with host-owned equipment and 1 BKAT staff onsite and 1
BKAT staff on call. BKAT Studio productions are billed at Standard Rate. Pre-production, location
scouts, editing, portal to portal travel and post-production services are billed at Standard Rate for
Tables 1, 2 and other miscellaneous video productions.
Production Field Rate: Production Field Rate applies to filming and production work onsite
(including b roll) for Table 2 and other miscellaneous video productions, and includes the use of
BKAT owned equipment, and a minimum of 1 BKAT staff onsite. Field productions may incur an
additional Live Stream Surcharge, an additional Weekend/Holiday Surcharge, or both.
Live Stream Surcharge: Live Stream Surcharge applies to live field productions only. Live
streaming service should be requested and pre-arranged with a minimum of 60 days' notice. Live
streaming contingent on available and compatible cellular, will or ethernet data at site.
Weekend/Holiday Surchartge: Weekend/Holiday Surcharge applies to filming on Fridays after
5pm, Saturday, Sunday or Holidays and can be applied to productions that are billed at Standard
Rate and Production Field Rate. Weekend and Holiday productions must be requested and pre-
arranged with a minimum of 60 days' notice.
2024 Bremerton Kitsap Access Television (BKAT) Rates and Fees
PRE-PRODUCTION _ _ STANDARD RATE
I • E.uipmentConsultation $109.00/hour
• Program Development _ $109.00/hour
• Research $109.00/hour
• Location Scout(RT travel billed separately) $109.00/hour _-
• Scri.tin! .. _ $109.00/hour
• Graphics Development : $109.00/hour
PRODUCTION* _ STANDARD RATE
• Set-up, Shooting. Breakdown $109.00/hour
• Travel (portal to portal) _ $109.00/hour
Production at Standard Rate applies to qualified remote meeting location/client-owned
equipment or zoom coverage for government meetings with 1 staff onsite, 1 staff on call or
rate for BKAT studio production.
-7
• PRODUCTION _ FIELD RATE__
• BKAT-owned equipment, 1 staff filming onsite _ $130/hour
• BKAT-owned equipment wicrew of 2-5 filmi�cn onsite _ $183/hour
LIVE STREAM SURCHARGE RATE
• Support& Data Costs. Live stream surcharge applies to live field $27.60/hour
productions only
I
151Page
❑o:a:Sian*nvcIopc IU:o9.4045D 25D1-4113-96AD-1AnR68=n3R93
WEEKEND/HOLIDAY SURCHARGE
• Friday after 5prn. Saturday. Sunday or Holiday- Multiplied by 1.5 x rate/hour
applicable Standard and/or Field Production rates
POST-PRODUCTION STANDARD RATE
• Edit _ 5109.00/hour
• Voice Over 5109.00/hour
• File processing. playback scheduling, indexing, archivin. 5109.00/hour
MISCELLANEOUS RATE
• Cancellation fee (equivalent of 2 hour minimum charge) 6218.00
161Page
DocuSign Fnvelope ID:09AL:145D-25D1-4113.95AD-t AD858FD3B93
ATTACHMENT D
PROGRAMMING BROADCAST SCHEDULE
Kitsap County Commissioners
• Regular Meetings on the 2nd and 4th Monday air live at 5:30 p.m.
• Recorded programs air every Tuesday at 1:00 a.m. and 11:00 a.m. (no 11:00 a.m. replay
on Super Tuesday)
• Recorded programs air on the 1st and 5th Monday at 5:30 p.m.
Kitsap County Hearing Examiner
• Regular Meetings on the 2'and 4th Thursday air live at 9:00 a.m.
• Recorded programs air every Wednesday at 10:00 am
Kitsap Regional Coordinating Council
• Recorded meetings air every 1st Tuesday at 10:00 p.m, 2's and 4th Tuesday at 8:00 pm.
and every Thursday at 5:00 p.m.
Kitsap County Budget Hearings
• Recorded programs for each hearing will air a minimum of four(4)times. The exact dates
and times for airing will be established prior to the beginning of the hearings.
Commissioner's Corner
• Recorded programs air most Monday at 8:30 p.m. (unless meeting runs long and is pre-
empted), and 2"through 5th Tuesday at 2:00 p.m.
Kitsap County Planning Commission
• Regular meetings on the 1st and 3's Tuesday air live.
• Recorded meetings every Wednesday at 1:00 p.m.
Meetings with longer than 3 hours of airtime may be subject to replay on a different day or time
than listed herein.
Live programming may preempt or delay meeting replays.
Please note:Table 1 meetings if rescheduled or added, may not be shown live if conflicting with
other, regularly scheduled live meetings,and as result,airing may default to replay schedule only.
17IPage
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Certificate Of Completion
Ervelope Id:09AE34502501411396AD1ADB68F03R93 Slattec Completed
Subject.Your Electronic Signature.is Required
Source Envelops:
Document Pages:37 Signatures:3 Envelope Originator:
Certllcat°Pages:5 Initials:0 Melirda Monroe
AutoNav:Enabled 345 6th Street
Envelopeld Stamp`rg:Enabled Sole 1im
Time Zone:(UTC 08:G0)Pacilc Time(US&Canada) Bremerton.WA 98337
Melindaktenroe@ci.bremerlon.wa.us
IP Address;74.113.24/1.169
Record Tracking
Status.Original r!older:Melinda Monroe Location.DocuSign
17+61707312:36:35 PM Meli id'a.Monroc,ci.b•cmc1ocava.us
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City cf Bremerton Using IP Address:64.156.71 82
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