The URL can be used to link to this page

Home My WebLink About6797 Docusign Envelope ID: F63CD106-9596-4B94-A996-78B9DAAFO5DB BREMERTON KITSAP ACCESS TELEVISION SERVICE CONTRACT 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 Public Facilities District hereinafter referred to individually as KPFD. Bremerton and KPFD 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 KPFD commitments as outlined in this Agreement. BKAT will post the KPFD Board of Director meeting agendas on the BKAT Community Bulletin Board, provided that an agenda is available by Friday afternoon prior to the scheduled meeting. BKAT shall provide consultation during productions in-progress, 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 KPFD"table: BKAT Service Commitments to KPFD Description Location Schedule Number per Year Board of Director To Vary Monthly Every other Month 6 Regular Meetings Third, or Fourth or 5th Monday Additional special meeting coverage requests and/or production requests by KPFD beyond the scope of this Agreement will be agreed to/taken on a per production basis. Fees for these services shall be determined by the applicable rate structure as published by BKAT annually and included in Exhibit A. Each scheduled regular board meeting will require a minimum of 1 hour of pre-production time, a minimum of 1-1/2 hours of production time, and 1 hour of post-production time. Meetings that go beyond 1 -1/2 hours production duration will be billed for additional production time in 15- minute increments. Billed time will include round trip travel, "portal to portal charges"starting from BKAT to remote meeting locations, unless held at location that requires BKAT to cover by Zoom. KPFD shall retain control over program content and designate one person to authorize and schedule programs produced under this Agreement. Program scheduling from KPFD shall include clarification as to on-location coverage or Zoom coverage and shall be made in writing. BKAT shall provide production and playback of regularly scheduled board meetings and as a courtesy,will provide a video on demand (VOD) link for public viewing and download. BKAT will maintain VOD archive for one (1)year after the original meeting date, after which point BKAT may remove the digital video file(s) and associated metadata from VOD archive and take Page 1 of 4 Docusign Envelope ID: F63CD106-9596-4B94-A996-78B9DAAFO5DB any action it deems appropriate with the file(s). BKAT may keep the file(s)for longer than one (1) year at its own discretion but shall not be obligated to do so by terms of this Agreement. KPHD shall be responsible for downloading weekly and storing their own primary VOD copies of meetings if desired for record-keeping and compliance with the state Public Records Act (Chapter 42.56 RCW). BKAT will work with KPFD 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 KPFD. KPFD may cancel or reschedule, a previously scheduled production with 72-hour notice at no cost and may cancel or reschedule with less than 72-hours' notice with a base minimum cost-as outlined in Exhibit A, with the exception of inclement weather conditions, or declared emergency by the jurisdiction of the venue of the meeting or at the City of Bremerton. City of Bremerton shall not be liable or required to provide services should the City of Bremerton close operations due to inclement weather or other declared emergency. Section 2. Payment Obligations. In consideration of the services provided pursuant to this Agreement, effective on January 1, 2025,the City of Bremerton shall provide every other month board meeting BKAT on-site recording services. Services rendered on this Agreement, shall be as set forth in Section 1, and shall be billed on a per use,monthly basis at the rates established and published by BKAT and enclosed herein as Exhibit A KPFD shall pay the fee due to City of Bremerton under this agreement as follows: On a monthly basis, in months for which BKAT provides production services to KPFD, and no later than the last claims batch of each month, the City of Bremerton shall invoice KPFD for services completed at the rates and minimums outlined in Exhibit A. If Bremerton provides additional services to KPFD beyond those listed in the Scope of Services in Section 1, a separate invoice will be provided and payment due thereon within 30 days of receipt of such invoice. Section 3. Term. This Agreement shall be for a period of one (1) year commencing January 1, 2025, and terminating December 31, 2025. Section 4. Termination. Either party,to this Agreement may terminate the Agreement for convenience without cause upon giving thirty(30)days written notice to the other party. Termination for Default. Either party may immediately terminate the Contract, in whole or part, due to the failure of respective party to comply with any Contract term or condition, or to make satisfactory progress in performing the Contract. In the event of termination, KPFD shall pay for all services performed by BKAT to the effective date of termination. 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, Page 2 of 4 Docusign Envelope ID: F63CD106-9596-4B94-A996-78B9DAAF05DB 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 Public Facilities District (Bremerton Kitsap Access Television) 19980 10th Ave NE, Suite 204F 7266 Tibardis Rd NW Poulsbo, WA 98370 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. IN WITNESS WHEREOF,the parties have executed this Agreement as of the later of the signature dates included below. CITY OF BREMERTON KITSAP PUBLIC FACILITIES DISTRICT Signed by:4,,,,,02. Si`gned by: ESE747B._. i et xe Greg Wheeler, Mayor Russ °p �t, x... cutive Director 12/10/2024 12/10/2024 Date Date APPROVED AS TO FORM Signed by: e86,6104 6z' Kylie . Inne , City Attorney Page 3 of 4 Docusign Envelope ID: F63CD106-9596-4B94-A996-78B9DAAFO5DB EXHIBIT A: BKAT 2025 RATES AND FEES Each scheduled regular board meeting will require a minimum of 1 hour pre-production time, 1- hour post-production time, and 1-1/2 hours of production time. Meetings that go beyond 1-1/2 hours duration will be billed for additional production time in 15-minute increments. Billed time will include round trip travel, portal to portal charges from BKAT to remote meeting locations unless held at location that requires BKAT to cover by Zoom. A meeting that is cancelled or rescheduled with less than 72-hours' notice will be subject to these minimum base charges. Zoom coverage includes pre-production, production and post-production charges but does not include travel times/charges. Rates and fees are subject to all terms and condition in Section 1: Scope of Work 1. PRE-PRODUCTION $109/hour 2. PRODUCTION* $109/hour with a minimum of 1-1/2 hours required 3. POST-PRODUCTION $109/hour 4. TRAVEL(Portal to Portal) $109/hour at the minimum hours a)BKAT to City of Bainbridge Island —2 hours round trip b)BKAT to Poulsbo City Hall-- 1/2 hours round trip c)BKAT to Norm Dicks Gov Ctr-- 3/4 hours round trip d)BKAT to Kitsap County Admin Bldg.-1-1/2 hours round trip 5. CANCELLATION FEE** $109/hour with a minimum of 1-1/2 hours production time required and 1 hour pre-production time required *Production time includes all recorded and non-recorded staff time, such as meeting breaks and executive sessions Page 4 of 4