HomeMy WebLinkAbout9094AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT:
Bremerton Kitsap Access Television (BKAT)
Service Contract with the Kitsap Public
Health District
Study Session Date:
COUNCIL MEETING Date:
Department:
Presenter:
March 24, 2021
April 7, 2021
BKAT
Jon Rauch
Phone: (360) 473-5012
SUMMARY: BKAT will provide services to the Kitsap Public Health District in the form of recording
and airing their board meetings and programming.
ATTACHMENTS: Service Agreement
FISCAL IMPACTS (Include Budgeted Amount): Generates $5040.00 in Revenue.
STUDY SESSION AGENDA: x Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda 0 General Business Public Hearing
RECOMMENDED MOTION:
Move to approve the Bremerton Kitsap Access Television Service Agreement with the Kitsap Public
Health District; and authorize the Mayor to finalize and execute the agreement with substantially the
same terms and conditions as presented.
COUNCIL ACTION
Form Updated 01/02/2018
Approve Deny Table Continue No Action
DocuSign Envelope ID: 5EF53AF5-3929-461B-ABCC-EF1E6C4E8FFB
Page 1 of 3
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 Health District hereinafter referred to individually as
KPHD Bremerton and KPHD 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 KPHD commitments as outlined in this Agreement. BKAT will post the KPHD 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 KPHD” table:
BKAT Service Commitments to KPHD
Description Location Schedule Number per Year
Kitsap Public Health
Department 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. KPHD 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 KPHD 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 KPHD.
Section 2. Payment Obligations. In consideration of the services provided pursuant to this
Agreement, KPHD shall pay Bremerton an annual amount of $5,040.00. 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: 5EF53AF5-3929-461B-ABCC-EF1E6C4E8FFB
Page 2 of 3
KPHD shall make funds available to Bremerton as follows:
On a monthly basis, and no later than the last claims batch of each month, KPHD shall
pay Bremerton 1/12 of the current annual amount as specified herein. If Bremerton
provides additional services to KPHD 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 ninety (90) 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 Administrator
BKAT Kitsap Public Health District
(Bremerton Kitsap Access Television) 345 6th St Ste 300
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: 5EF53AF5-3929-461B-ABCC-EF1E6C4E8FFB
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 PUBLIC HEALTH
DISTRICT
____________________________ ____________________________
Greg Wheeler, Mayor Keith Grellner, Administrator
APPROVED AS TO FORM ____________________________
Date
____________________________
Roger A. Lubovich, City Attorney
DocuSign Envelope ID: 5EF53AF5-3929-461B-ABCC-EF1E6C4E8FFB
5/4/2021