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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