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HomeMy WebLinkAbout3885 Vendor Subject Department Status Code Amount Begin Date End Date Review Date Insurance Comments Contract Number 3885 KITSAP CO Funding - Finance GOV ADMINISTRATIVE SERVICES BKAT File Class LEG 12-1 $ 08/01/1997 12/31/2003 02/15/2007 GL $ AL $ E&O $ Replaced by #4572 Vault 01/01/2007 Insurance Total $ Insurance Review Date AMENDMENT TO FUNDING AGREEMENT BETWEEN CITY OF BREMERTON AND KITSAP COUNTY KC-490-98B (Bremerton Kitsap Access Television) This Amendment to Agreement is by and between the City of Bremerton (hereinafter "City") and Kitsap County (hereinafter "County), who agree as follows: WITNESSETH: WHEREAS, the parties entered into a Funding Agreement dated February 23, 1998, for thc cablecast and management of public, educational and government access channel(s). WHEREAS, the parties mutually wish to amend the agreement. NOW THEREFORE, in consideration of thc mutual covenants hereinafter stated, the parties hereto agree as follows: Section 1. Section 12 Funding, is amended to read: County shall pay to the City the amount County receives from the cable companies (currently $.23 - A T & T and $.21 - Charter Communications per customer per month) quarterly. The remainder of the paragraph shall remain unchanged. Section 2. Section 13 Term of Agreement, is amended to read: The agreement shall be for a three (3) year period commencing January I, 2001 and terminating December 31, 2003. The Agreementmay be extended for additional two-year terms upon approval of both parties. Section 3. Section 16 Indemnification, is amended to read: Section 16. Insurance and indemnification. The City shall maintain Commercial General Liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) aggregate. Evidence of such insurance shall consist of a completed copy of the certificate of insurance, signed by the insurance agent for the City and forwarded to Kitsap County Risk Management. If for any reason, any material change occurs in the coverage during the course of this contract, such changes shall not become effective until 45 days after the county has received written notice of such changes. 1 of 3 The City shall provide first party property insurance or shall self-insure all equipment and inventory owned or leased by the City. The County shall provide first party property insurance on the building at 7266 Tibardis Rd. NW, Bremerton, Washington and all equipment and inventory owned by the County. The City of Bremerton and Kitsap County 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 contract. Section 4. Entire Agreement: All references to "Falcon Video Communications, L.P". (Falcon) shall be changed to read "Charter Communications Holding Company, LLC." (Charter). All references to "TCI Cablevision of Washington, Inc." (TCI) shall be changed to read "AT&T Corporation" (AT&T). Section 5. All other terms and conditions of the February 23, 1998 Funding Agreement shall remain in full force and effect unless inconsistent with this Amendment to Agreement. Dated this///~ day of 2 bi/[/C~' ,2001. CITY OF BREMERTON BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY WASHINGTON BY: ~ '~, ~ NOT PRESENT Chris Endresen, Chair APPROVED AS TO FORM: J~gel, ~ Co mm~ ~ststaht City Attorney Tim Botl~n, Commissioner 2 of 3 DEPARTMENTAL APPROVAL APPROVED AS TO FORM: Kathleen L. McCtuskey [ .... -' Administrative Services~irector Deputy Prosecul~ng Attorney ATTEST: Ho~l~Ancl~o~'~.-C"lerk of the Bo~'-d' G:kDASkDATA\Wordfiles\Contracts\lnfo Svcs & PurchkBKAT Funding Agreement 491-98B.doc 3 of 3 KITSAP COUNTY ADMINISTRATIVE SERVICES 614 Division Street MS-7 Port Orchard, WA 98366 (360) 337-7150 AMENDMENT A KC-490-98 l.Governmental Services Agreement Parties: Kitsap County (County) and City of Bremerton (City). 2. Original Contract Number:KC-490-98 3. The contract identified herein is hereby amended as set forth in Item 4 below by mutual consent of all parties. 4. Agreement is hereby amended to read as follows: The term of the original Agreement is hereby extended for an additional one (1) year term, January 1, 2000 through December 31, 2000. This Agreement may be amended only by written instrument signed by both County and Contractor. DATED this /~t~ day of Febmary, 2000 CITY OF BREMERTON BOARD OF COUNTY COMMISSIONERS KITSAP.,,,,..._.C~C OUNTY, WASHINGTON yor /~is'~ndresen, ~ommissioner "~ ~.,I,~' ~ \~Nl~.~ · t~- - - Ch[rl'otte Garr~do, C6~ioner I~a~leen McChiskey, City Clerk - ATTEST: CLERK O~FHE BOARD G:\DAS~DATA\Wordfiles\ConmactsXlnfo Svcs & Purch~Bremerton BKAT 490-98A.doc FUNDING AGREEMENT BETWEEN CITY OF BREMERTON AND KITSAP COUNTY AGREEMENT Agreement is made this/d~d; day of ~~.,~, 199g?, by and between This the City of Bremerton, a municipal corporation (City) and Kitsap County (County), who agree as follows: RECITALS 1. The City and County desire to provide support for the use of cable access channels provided pursuant to the Cable Communication Policy Act of 1992. 2. The City and County have granted to TCI Cablevision of Washington, Inc. (TC1) and Falcon Video Communications, L.P. (Falcon) franchises to operate a cable television system in the City and County. 3.The TCI and Falcon franchises provide that certain channel capacity be provided for public, educational, and governmental access. 4. The TCI and Falcon franchises provide that certain payments shall be made by TCI and Falcon to support the public, educational, and government access channels. 5. The City and County have determined that they will provide support for public, education, and government access through the dedication of the 21 cent ($.21) per customer per month charge included in the TCI and Falcon franchises for access purposes or equivalent amount. 6. The City and County agree that the City shall provide access management services BKAT. AGT- 12/2/12/98- ! through BKAT. NOW, THEREFORE, in consideration of the mutual promise and covenants set forth herein, the parties agree as follows: Section 1. Definitions. For the purpose of this Agreement, the following words, terms~ phrases, and their derivations shall have the meanings given herein. When not inconsisteni with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular include the plural number. Access Channel or Public, Educational, or Government Access (PEG) Channel means any channel or portion of a channel utilized for non-commercial programming where any member of the general public or any organization may be a user. Bremerton Kitsap Access Television (BKAT) means the program provided by the City under this funding agreement. Channel means a radio frequency band or its technical equivalent on the cable system, which is capable of carrying either one standard television signal, or a number of audio, digital, or other non-video signals, or some combination of such signals. Franchise or Franchise Agreement means the Franchise Agreement, including all referenced material, adopted in the appropriate manner by the City of Bremerton and Kitsap County. User means any person, organization, institution, business, or group of persons representing such organization or business who use services or resources provided by BKAT or provide programming for cablecast on the access channels. All programming participation shall be allowed on a non-discriminatory basis. BKAT. AGT - 12/2/12/98 - 2 Section 2. Scope of Services. In exchange for the funding provided by the County to City, pursuant to this Agreement, City shall manage the following access services: A. Operate the Access Channels - Public, Education and Government. Operate the public, educational and government access channel(s) provided by cable companies to the County for community access programming purposes in a manner which is in compliance with applicable laws, rules, regulations and City and County franchise ordinances, with the primary purpose being to administer, coordinate and assist those requesting access on a non-discriminatory basis. B. Operate a Community Access Center. Manage a video production facility and equipment which shall be available for public use at such hours and times as are determined by City. Access to equipment and facilities shall be open to all those who satisfactorily complete training class(es) provided by BKAT or who receive a certification from BKAT, identifying said user(s) as having satisfied training requirements through means other than BKAT training classes. ~ C. Provide Equal Access. Provide access to the use of the equipment, facilities, channels, and services provided hereunder on a non-discriminatory basis to all members of the community for non-commercial programming purposes, whether individuals, groups, or organizations, on a first-come, first-served non- discriminatory basis, pursuant to operating rules promulgated by BKAT. D. Develop Operating Policies and Procedure. Develop policies and guidelines for use and operation of the access equipment, facilities, and channel(s) and file such policies, procedures, and rules with the City and County. BKAT. AGT - 12/2/12/98 - 3 E. Maintenance of Equipment. Provide regular maintenance and repair of all video equipment purchased with monies received pursuant to this Agreement. F. Promotion. Actively promote the use and benefit of the public, educational and government access channel(s) and facilities to cable subscribers, the public, access users, and TCI and Falcon. G. Training. Train interested residents in the techniques of video production and provide technical advice in the execution of productions. H. Other Activities. Based upon available funding, undertake other public, educational and government access programming activities and services as deemed appropriate by City and consistent with the obligation to facilitate and promote access programming and provide nondiscriminato~ access. I. Technical Standards. BKAT shall develop technical standards as a part of its operating roles and procedures. A decision, if any, to not cablecast a program due to technical problems shall in no way involve consideration of the actual content of the program itself. The City or County will not be held responsible for technical problems under control of the cable system. J. Charges for PEG Access Facilities, Equipment, Training or Cablecast Time. The purpose of PEG access is to allow members of the community within the Service Area to communicate their activities, opinions, and ideas without interfer- ence or censorship. However, the City and County may £md it necessary to charge a fee for use of facilities, equipment, cablecast time, or training. These fees will be approved in advance by the County. Such fees shall not be used to interfere BKAT.AGT - 12/2/12/98 - 4 with or censor a user who seeks to produce PEG access programming. City will also establish a process to enable individuals without sufficient funds to use equipment, facilities, cablecast time, or to receive training. K. Emergencies/Disasters. Access shall be provided to the broadcast facility for City and County broadcasting of public information during periods of local disasters and public emergencies. L. Public Service Notices. Provide equal access to County subscribers to post public service announcements using a character generator. Section 3. Channels Open to Public: City agrees to keep the access channel(s) open to all potential users, subject to FCC regulations, the Cable Communication Policy Act of 1992, and other relevant laws. Neither the City, County, nor the cable company(s), shall have the authority to control the content of programming placed on the public access channel(s) so long as such programming is lawful. Provided that, nothing herein shall prevent the City, County or cable company from producing or sponsoring programming, prevent the City, County, or cable company from underwriting programming, or prevent the City, County or cable company, from engaging in activities designed to promote production of certain types of programming or use by targeted groups as consistent with applicable law and rules for use of channels. BKAT may promulgate and enforce policies and procedures which are designed to promote local use of the channel(s) and make the programming accessible to the viewing public, consistent with such time, manner, and place regulations as are appropriate. Section 4. Copyright Clearance. Before cable casting video transmissions City shall require all users to agree in writing that they shall make all appropriate arrangements to obtain all rights to BKAT. AGT - 12/2/12/98 ~ 5 all material cablecast and clearances from broadcast stations, networks, sponsors, music licensing organizations' representative, and without limitation from the foregoing, any and all other persons as may be necessmy to transmit program material over BKAT authorized channels unless such clearance is otherwise provided by the cable company. City shall maintain for the County inspection, upon reasonable notice and for the term of the applicable statute of limitations, copies of all such user agreements. Section 5. Copyright and Ownership. City and County shall own the copyright of any programs which they may choose from time to time to produce. Copyright of programming produced by the public shall be held by such person(s) who produces said programming. Section 6. Distribution Rights. City shall require that all programs produced with funds, equipment, facilities, or staff granted under this Agreement shall be distributed on the PEG channels. This subparagraph shall not be interpreted to restrict other distribution, so long as such distribution is consistent with the rules and procedures governing such which shall be promulgated by the BKAT and filed with the City and County. Section 7. Equipment and Facilities. A. City shall be responsible for maintenance of all equipment owned, leased or loaned to it under this Agreement or purchased with funds provided pursuant to this Agreement. B. City and County shall own all equipment acquired by and purchased with funds received pursuant to this Agreement, except that upon termination or non-renewal of this Agreement, all such equipment or facilities pumhased with funds received pursuant to the Agreement shall become the property of the City and County BKAT. AGT - 12/2./12J98 ~ 6 proportionate to their share of revenue contributed. C. County agrees to continue to provide the facilities at 7266 Tibardis Rd. NW, Bremerton, Washington for the use of BKAT for public access purposes during the term of this agreement. Utilities will be paid as follows: Kitsap County will provide (pay) electricity, security alarm system, sewer, and water. The County will perform routine maintenance on the building and the parking lot. The City and/or BKAT are responsible for garbage, ground maintenance and telephone. D. Furniture and Equipment. Furniture and equipment purchased with funds from County sources are furnished to BKAT under this agreement. A listing of these items is attached as Exhibit "A". Section 8. Non-discrimination in Employment and Service. A. City shall not discriminate against any person, employee or applicant for employment or subcontractor on the basis of race, color, creed, religion, sex, marital status, ancestry, national origin or physical or mental handicap. B. City shall not discriminate in the delivery of services on the basis of race, color, creed, religion, sex, marital status, an ancestry, national origin or physical or mental handicap. Section 9. Assignment and Subletting. Neither this Agreement nor any interest herein shall be assigned or transferred by City. Section 10. Annual Reports. Prior to March 15 of each year, City shall submit to the County an annual report for the preceding calendar year (January 1 - December 31). This report shall contain, at a minimum, the following information: BKAT. AGT - 12~2/12~98 - 7 A. Statistics on programming and services provided. B. Current and complete listing of Public Access Advisory Committee members. C. A summary of formal user and viewer complaints or comments along with BKAT responses. D. A full schedule of any rates and charges for PEG access related activities. E. A report on progress made toward access goals. F. A list of all capital assets. Other reports will be provided as requested by the County but not less than twice yearly. Section 11. Records, Fiscal Audit. A. City shall maintain all necessary books and records, in accordance with generally accepted accounting principles. B. City shall provide a quarterly budget status report to the County. Section 12. Funding. County shall pay to the City twenty-one cents ($.21) per customer per month quarterly. Payments will be made no later than forty-five (45) days following the end of each calendar quarter. City shall spend funds received from the County solely for the purposes listed in Section 2 Scope of Services of the Agreement. Funds not expended in the year covered by the Annual Budget must be carried over into succeeding years. Upon termination of this Agreement all funds of any kind received from the County and not expended by City shall be returned to the County. Section 13. Term of Agreement. The Agreement shall be for a period of one (1) year commencing JanuaD, 1, 1999 and terminating December 31, 1999. The Agreement may be extended for additional one year terms upon approval of both parties. BKAT. AGT - 12/2/12/98 - 8 Section 14. Termination of Agreement: Transfer of Assets. A. Thc County or City shall have the right upon one hundred twenty (120) days written notiee to the other party to terminate this Agreement without cause. B. Upon termination of this Agreement, City shall immediately transfer to the County in proportionate share to revenue provided all equipment, real property, fixtures, contracts, leases, deposit accounts or other assets received by or purchased by City with funds received pursuant to this Agreement. Those items described in Section 7, Paragraph D hereof shall not be covered by the provisions of this paragraph and all such items listed on the attached schedule referenced in Section 7, Paragraph D hereof shall rever~ to the ownership of Kitsap County upon termination of this agreement. Section 15. Severability. In the event any provision of this Agreement is deemed unconstitutional, illegal, or void as a matter of law, the panics agree that all of the provisions of this Agreement that are not affected by such an occurrence, shall constitute a full and complete Agreement between the parties. Section 16. Indenmffication. The City of Bremerton shall indemnify, defend and hold harmless Kitsap County, its officers, agents and employees from and against any and all claims, suits, actions, causes of action, losses, damage, or liabilities of any kind, nature or description, including payment of litigation costs and attorney's fees, brought by any person or persons for or on account of any loss, damage or injury to person, property or any other interest, tangible or intangible, sustained by or accruing to any person or persons, howsoever the same may be caused, directly or indirectly, arising or resulting from any alleged negligent or intentional acts or BKAT.AGT- 12/2/12/98 - 9 omissions of the City of Bremerton, its officers, employees, agents, contractors or invitees arising out of or resulting from the performance of this agreement. Such indemnity shall also cover any and all claims of loss or damage to person or property arising out of the failure of the City of Bremerton to comply with any applicable laws, rules, regulations or other requirements of local, state or federal authorities, for claims of libel, slander, invasions of privacy, or infringement of common law or statutory copyright, for breach of contract which claims, directly or indirectly, result from the City of Bremerton's use of channels, funds, equipment or facilities utilized under this agreement. In the event any such claim, action or liability is brought against Kitsap County, its officers, agents or employees, Kitsap County shall promptly forward it to the City of Bremerton, the City of Bremerton shall control the investigation, defense, resolution and payment of all such claims, actions or liabilities, including the retention and management of attorneys and the costs thereofi Section 17. Notices. All notices and other communications to be given by either party may be given in writing, depositing the same in the United States, mall, postage prepaid and addressed to the appropriate party as follows: Administrative Services Director City of Bremerton 239 Fourth Street Bremerton, Washington 98337 Administrative Services Director Kitsap County 614 Division Street Port Orchard, Washington 98366 Section 18. Cable Advisory Committee. The Mayor of Bremerton, with confirmation of the BKAT.AGT- 12/2/12/98- 10 Bremerton City Council, and the County Commissioners shall appoint the Public Access Advisory Committee composed of nine members. The Advisory Committee is established by City of Bremerton Ordinance No. 4624. The City and County will appoint members as follows: City County Government Staff Representatives 1 1 User Representatives 1 1 Community Representatives 2 2 Youth Representative Joint Appointment (1) Section 19. Entire Agreement. This Agreement is the entire agreement of the parties and supersedes all prior negotiations and agreements whether written or oral. This Agreement may be amended only by written agreement and no purported oral amendment to the Agreement shall be valid. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. K1TSAP COUNTY CITY OF BREMERTON (a municipal corporation) L<~S. I~IOI~TON, Mayor PHIL BEST, Commissioner APPROVED AS TO FORM: City Attorney BKAT. AGT- 1272712798 - 11 // // ATTEST: DEPARTMENTAL APPROVAL: ~ ' KATHLEEN McCLUSKEY, Ci(y Clerk BKAT. AGT- 12/2ff12/98 ~ 12 EXHIBIT "A" Access T'~vision Inventory: -County- ~.~$99.00 ITEM MJtKE MODEL S/N COST ~udio Level Interface - dual ESE ES-244 P2 370.0 dio Level Interface ESE ES-244 3542 175.0 _udio microcassette recorder GE 3-5366A 150.0 board - white marker wall 300.0 B~kcase - 4 shelf 100.0 cabinet - 4 door w/ blue top 200.0 cabinet - 4 doors 150.0 cabinet - 4 sliding doors, 3 150.0 cabinet - Conference room 4 150.0 cabinet desk (5 drawers) 150.0 cabinet - desk (5 drawers) 150.0 cabinet file 4drawer legal 800.0 cabinet file 4drawer legal 150.0 Cabinet - office 4 door 150.0, c~u~ra --color ~; Sears 9345381215 1103320 '1,200.01 camera - Hi8 video camcorder Sony CCD-TRV70 1029470 1,499.9~ Camera - SVHS video camcorder Panasonic AG-456UP J6~IB00882 2,055.0( Camera - SVHS video camcorder Panasonic AG-456UP J6HB00365 2,055.0{ cart - A/V 4 shelf 350.0( chair - grey/wood/flared arms Carolina 91017 200.0( chair - grey/wood/flared arms Carolina 91017 200.0( Chair - office w/ arms 150.0( C~ir - office w/ arms 150.0( Chair - office w/wc~Dd arms 4 150.0( chair - teal charade McMaha 731220 100.0( chair - teal charade McMaha 731220 100.0( · ir - teal charade McMaha 731220 100.0( lit - teal charade McMaha 731220 100.0( chair - teal charade McMa/la 731220 100.0( Chair - wood Arms Carolina 150.0( co~uter - 15in. multisync NEC XV15 JC1571VMA 499.9~ c~L~uter - CPU ~7EC Read~nDffic 102-00041 2,399.95 co~uter - CPU PC's Limited ~rbo PC 2,000.0( co~uter - Media 100 system Data Media 100 00357020 3,600.0( co~Duter - monitor Foz~cis A/~30 15991441 200.0( co~uter - printer Hewlett Packard C4565A US6B0110DP 499.9~ co~puter - sca/%ner flatbed Mustek F~S-120005 AN6020079 499.9ff c(~puter - speakers ~-EC RO1625 ' 100.0( Co~uter software ? Col 7351630308 99.95 co~uter software - Picture Micrografx 150.0f computer software - Media Thomas Creek V 1.0 405.0( controller / switcher Leightronix Mini-T Pro 01994 800.0( couch - (loveseat) Carolina 34517 300.0( desk - Mid Atlantic F6D-48 220.0( Desk - 2 drawer 200.0( Desk - 2 drawer 200.0( Desk - 2 drawer 200.0( Desk - 4 drawer woc~ 250.0( lesk - 5 drawer 350.0~ lesk - 5 drawer (w/ black 350.0< lesk - receptionist L 300.0( Page 1 Access '. .evision Inventory: Count. >$99. O0 ITEM MAKE MODEL S/N COST ~esk - shelf workstation combo ~sk - w/ computer rollout 350. 300. ~dit Pack 1 (3 items) Panasonic 3 items 6,840., Editing Control Unit Panasonic AG-A350 C6TNA1464 1,500., Editing Control Unit Sony RM-450 82431 1,500.~ Fax machine Sharp UX-177 199.! Intercom - belt pack Telex BP-1000 B57039 171.( Intercom - belt pack Telex - BP-1000 B57057 171.( Intercom - belt pack Telex BP-1000 B57063 171.( Intercom - headset Telex PH-8 115.( Intercom - headset Telex P~-8 115.( Intercom - headset Telex PH-8 115.( Intercom - headset Telex PH-8 115.£ Intercom - m/crophone Telex EGM12N 123.( Intercom Power Supply & Telex SPS2000 11737 420.f Interco~Station - 2 chan~el Telex US-2000 9647 365.f interface - VCR TAO I-Port 422 445.C microphone - lavalier electret Sony ECM-44B 235897 185.£ Microphone - Lavalier Electret Sony ECM-44B 0237099 185.C Microphone - Lavalier Electret Sony ECM-44B 0237100 185.0 Microphone - Lavalier Electret Sony ECM-44B 0237046 185.0 mixer - Audio/Video Panasonic WJ-MX30 6YA00939 2,063.0 mixer - Audio/Video Panasonic WJ-MX30 6YA01044 2,063.0 Monitor - 13in. Color JVC TM-131SU 13102648 320.0 Monitor - 13in. Color JVC TM-131SU 13102528 320.0 Monitor - 13in. Color Panasonic CT-1384Y MB2080985 285.0 uitor bridge Mid Atlantic MB-6 124.0 ~nitor/Receiver - 13in. Magnavox PR1316C121 62984238 159.9 Monitor/Tuner/VHS VCR S~L~honic TVCRgF1 V29679326 299.9 monitors - 5in. B&W triple Panasonic WV-BM503 69W21378 899.0 monitors 5in. B&W triple Panasonic WV-BM503 69W21922 899.0 power strip - 20 outlet w/ Winsted 10713 135.0 power supply / conditioner APC BF250 0960874653 200.0 rack - 70in. Mid Atlantic ERK-4025 399.0 rack - mini Mid Atlantic MR-14W 175.0 rack - mini Mid Atlantic MR-14W 175. p refridgerator - 1.7 c.f. JC Penney 867-3002-5 22051475 199.0 shelves - compartmentalized ' 300.0 shelves - compartmentalized 300.0 Switcher - Audio/Video Videotek PVS-6A 09960662 207.0 table - black/oval/with leaf 350.0 Table - Conference room (Oak) 500.0 Table - Typewriter (oak 100.0 Table Typewriter (oak 100.0 table - wooden 100.0 telephone cellular US WEST SCN-2594A GUY 300.0 tripod & head Bogen 3140 250.0 tripod & head Bogen 3140 250.0 Typewriter - electric TA Satellite AG-D8500 300.0 Typewriter - electric TA Satellite AG-D8500 300.0 Video Titlemaker Videonics TM-2000 264496 480.0 Page 2 · Access ~ ~vision Inventory: County. ->$99.00 ITEM MAKE MODEL S/N COST "~deo Titlemaker Videonics TM-2000 262117 4'75.0 leocassette player - Hi8 Sony EVS-7000 18318 1,645.0 %~deocasse~te recorder - JVC CR-6060U 17418948 1,000.0 Videocassette Recorder - SVHS Panasonic AG-DSSSOP J6TC00072 3,735.0 Videocassette Recorder - SVHS Panasonic AG-DSS4SP C7TC00030 2,790.0 Videocassette Recorder - SVHS Panasonic AG-DSS40 I6TC00006 1,145.0~ Videocassette Recorder - SV~S Panasonic AG-DS550P J6TC00078 1,145.0( videocassette recorder - SVHS RCA 'VR720HF PV665212 349.9' videocassette recorder - Sears 5625358015 26060311 1,000.0( videocassette recorder - tuner Sears 5625359015 40094838 500.0( Videocassette Recorder - SVHS Sony SV0-2000 805126 1,145.0( -Videocassette Recorder - SVHS Sony SV0-2000 805135 1,145.0( Videocassette Recorder - SVHS Sony SVO-2000 805136 1,145.0£ V£deocassette Recorder - SVHS Sony SVO-2000 805108 1,145.0¢ vi~gocassette Recorder - SVHS Sony SV0-2000 805204 '1,145.0( Videocasset=e Recorder SVHS Sony SVO-2000 805623 1,145.0C Videocassette Recorder Sony V0-9800 14726 5,705.0¢ Videocassette Recorder - SVHS Sony SVO-2000 805107 1,145.0( Total: 79,243.8f Page 3 FUNDING AGREEMENT BETWEEN CITY OF BREMERTON AND KITSAP COUNTY AGREEMENT This Agreement is made thisc~ day of ~ , 1998, by and between the City ofBremerton, a municipal corporation (City) and Kitsap County (County), who agree as follows: RECITALS 1. The City and County desire to provide support for the use of cable access channels provided pursuant to the Cable Communication Policy Act of 1992. 2. The City and County have granted to TCI Cablevision of Washington, Inc. (TCI) and Falcon Video Communications, L.P. (Falcon) franchises to operate a cable television system in the City and County. 3.The TCI and Falcon franchises provide that certain channel capacity be provided for public, educational, and governmental access. 4.The TCI and Falcon franchises provide that certain payments shall be made by TCI and Falcon to support the public, educational, and government access channels. 5. The City and County have determined that they will provide support for public, education, and government access through the dedication of the 21 cent ($.21) per customer per month charge included in the TCI and Falcon franchises for access purposes or equivalent amount. 6. The City and County agree that the City shall provide access management services through BKAT. BKAT.AGT- 1/28,'98- I NOW, THEREFORE, in consideration of the mutual promise and covenants set forth herein, the parties agree as follows: Section 1. Definitions. For the purpose of this Agreement, the following words, terms, phrases, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular include the plural number. Access Channel or Public, Educational, or Government Access (PEG) Channel means any channel or portion of a channel utilized for non-commercial programming where any member of the general public or any organization may be a user. Bremerton Kitsap Access Television (BKAT) means the program provided by. the City under this funding agreement. Channel means a radio frequency band or its technical equivaiem on the cable system, which is capable of carrying either one standard television signal, or a number of audio, digital, or other non-video signals, or some combination of such signals. Franchise or Franchise Agreement means the Franchise Agreement, including all referenced material, adopted in the appropriate manner by the City of Bremerton and Kitsap County. User means any person, organization, institution, business, or group of persons representing such organization or business who use services or resources provided by BKAT or provide programming for cablecast on the access channels. All programming participation shall be allowed on a non-discriminatory basis. Section 2. Scope of Services. In exchange for the funding provided by the County to City, BKAT.AOT - 1/28/98 - 2 pursuant to this Agreement, City shall manage the following access services: A. Operate the Access Channels - Public, Education and Government. Operate the public, educational and government access channel(s) provided by cable companies to the County for community access programming purposes in a manner which is in compliance with applicable laws, rules, regulations and City and County franchise ordinances, with the primary purpose being to administer, coordinate and assist those requesting access on a non-discriminatory basis. B. Operate a Community Access Center. Manage a video production facility and equipment which shall be available for public use at such hours and times as are determined by City. Access to equipment and facilities shall be open to all those who satisfactorily complete training class(es) provided by BKAT or who receive a certification from BKAT, identifying said user(s) as having satisfied training requirements through means other than BKAT training classes. C. Provide Equal Access. Provide access to the use of the equipment, facilities, channels, and services provided hereunder on a non-discriminatory basis to all members of the community for non-commercial programming purposes, whether individuals, groups, or organizations, on a first-come, first-served non- discriminatory basis, pursuant to operating rules promulgated by BKAT. D. Develop Operating Policies and Procedure. Develop policies and guidelines for use and operation of the access equipment, facilities, and channel(s) and file such policies, procedures, and rules with the City and County. E. Maintenance of Equipment. Provide regular maintenance and repair of all video BKAT~GT - 1/28/98- 3 equipment purchased with monies received pursuant to this Agreement. F. Promotion. Actively promote the use and benefit of the public, educational and government access channel(s) and facilities to cable subscribers, the public, access users, and TCI and Falcon. O. Training. Train interested residents in the techniques of video production and provide technical advice in the execution of productions. H. Other Activities. Based upon available funding, undertake other public, educational and government access programming activities and services as deemed appropriate by City and consistent with the obligation to facilitate and promote access programming and provide nondiscriminatory access. I. Technical Standards. BKAT shall develop technical standards as a part of its operating rules and procedures. A decision, if any, to not eablecast a program due to technical problems shall in no way involve consideration of the actual content of the program itself. The City or County will not be held responsible for technical problems under control of the cable system. J. Charges for PEG Access Facilities, Equipment, Training or Cablecast Time. The purpose of PEG access is to allow members of the community within the Service Area to communicate their activities, opinions, and ideas without interfer- ence or censorship. However, the City and County may find it necessary to charge a fee for use of facilities, equipment, cablecast time, or training. These fees will be approved in advance by the County. Such fees shall not be used to interfere with or censor a user who seeks to produce PEG access programming. City will also BKAT.A(}T - 1/28/98 - 4 establish a process to enable individuals without sufficiem funds to use equipment, facilities, cablecast time, or to receive training. K. Emergencies/Disasters. Access shall be provided to the broadcast facility for City and County broadcasting of public information during periods of local disasters and public emergencies. L. Public Service Notices. Provide equal access to County subscribers to post public service announcements using a character generator. Section 3. Channels Open to Public: City agrees to keep the access channel(s) open to all potential users, subject to FCC regulations, the Cable Communication Policy Act of 1992, and other relevant laws. Neither the City, County, nor the cable company(s), shall have the authority to control the content of programming placed on the public access channel(s) so long as such programming is lawful. Provided that, nothing herein shall prevent the City, County or cable company from producing or sponsoring programming, prevent the City, County, or cable company from underwriting programming, or prevent the City, County or cable company, from engaging in activities designed to promote production of certain types of programming or use by targeted groups as consistent with applicable law and rules for use of channels. BKAT may promulgate and enforce policies and procedures which are designed to promote local use of the channel(s) and make the programming accessible to the viewing public, consistent with such time, manner, and place regulations as are appropriate. Section 4. Copyright Clearance. Before cable casting video transmissions City shall require all users to agree in writin8 that they shall make all appropriate arrangements to obtain all rights to all material cablecast and clearances from broadcast stations, networks, sponsors, music licensing BKAT.AGT - 1/28/98 - 5 organizations' representative, and without limitation from the foregoing, any and all other persons as may be necessary to transmit program material over BKAT authorized channels unless such clearance is otherwise provided by the cable company. City shall maintain for the County inspection, upon reasonable notice and for the term of the applicable statute of limitations, copies of all such user agreements. Section 5. Copyright and Ownership. City and County shall own the copyright of any programs which they may choose from time to time to produce. Copyright of programming produced by the public shall be held by such person(s) who produces said programming. Section 6. Distribution Rights. City shall require that all programs produced with funds, equipment, facilities, or staff granted under this Agreement shall be distributed on the PEG channels. This subparagraph shall not be interpreted to restrict other distribution, so long as such distribution is consistent with the rules and procedures governing such which shall be promulgated by the BKAT and filed with the City and County. Section 7. Equipment and Facilities. A. City shall be responsible for maintenance of all equipment owned, leased or loaned to it under this Agreement or purchased with funds provided pursuant to this Agreement. B. City and County shall own all equipment acquired by and purchased with funds received pursuant to this Agreement, except that upon termination or non-renewal of this Agreement, all such equipment or facilities purchased with funds received pursuant to the Agreement shall become the property of the City and County proportionate to their share of revenue contributed. BKAT.AGT - 1/28/98 - 6 C. County agrees to continue to provide the facilities at 7266 Tibardis Rd. NW, Bremerton, Washington for the use of BKAT for public access purposes during the term of this agreement. Utilities will be paid as follows: Kitsap County will provide (pay) electricity, security alarm system, sewer, and water. The County will perform routine maintenance on the building and the parking lot. The City and/or BKAT are responsible for garbage, ground maintenance and telephone. D. Westsound Furniture and Equipment. Furniture and equipment purchased with fiands from County sources are furnished to BKAT under this agreement. A listing of these items is attached. Seetion 8. Non-discrimination in Employment and Service. A. City shall not discriminate against any person, employee or applicant for employment or subcontractor on the basis of race, color, creed, religion, sex, marital status, ancestry, national orisin or physical or mental handicap. B. City shall not discriminate in the delivery of services on the basis of race, color, creed, religion, sex, marital status, an ancestry, national origin or physical or mental handicap. Section 9. Assignment and Subletting. Neither this Agreement nor any interest herein shall be assigned or transferred by City. Section 10. Annual Reports. Prior to March 15 of each year, City shall submit to the County an annual report for the preceding calendar year (January I - December 31). This report shall contain, at a minimum, the following information: A. Statistics on programming and services provided. BKAT.AGT - 1/28/98- 7 B. Current and complete listing of Public Access Advisory Committee members. C. A summmy of formal user and viewer complaints or comments along with BKAT responses. D.A full schedule of any rates and charges for PEG access related activities. E.A report on progress made toward access goals. F.A list of aH capital assets. Section 11. Records, Fiscal Audit. A. City shall maintain and submit to the County upon request aH necessary book~ and records, in accordance with generally accepted accounting principles. B. City shall provide a quarterly budget status report to the County. Section 12. Funding. County shall pay to the City sixteen cents ($. 16) per customer per month quarterly. The remaining five cents ($.05) will be used to fund County acquisition of cablecast and playback equipment. Payments will be made no later than forty-five (45) days following the end of each calendar quarter with the exception of the August and September payment which shah be due upon signing of this contract. Additional fees shall be negotiated for County governmental programming on PEG channels. City shall spend funds received from the County solely for the purposes listed in Section 2 Scope of Services of the Agreement. Funds not expended in the year covered by the Annual Budget must be carried over into succeeding years. Upon termination of this Agreement aH funds of any kind received from the County and not expended by City shah be returned to the County. Section 13. Term of Agreement. The Agreement shah be for a period of 17 months commencing August 1, 1997 and terminating December 31, 1998. BKAT.AGT - 1/28/98 - 8 Section 14. Termination of Agreement: Transfer of Assets. A. The County or City shall have the right upon ninety (90) days written notice to the other party to terminate this Agreement without cause. B. Upon termination of this Agreement, City shall immediately transfer to the County in proportionate share to revenue provided all equipment, real property, fixtures, contracts, leases, deposit accounts or other assets received by or purchased by City with funds received pursuant to this Agreement. Those items described in Section 7, Paragraph D hereof shall not be covered by the provisions of this paragraph and all such items listed on the attached schedule referenced in Section 7, Paragraph D hereof shall revert to the ownership of Kitsap County upon termination of this agreement. Section 15. Severability. In the event any provision of this Agreement is deemed unconstitutional, illegal, or void as a matter of law, the parties agree that all of the provisions of this Agreement that are not affected by such an occurrence, shall constitute a full and complete Agreement between the parties. Section 16. Indemnification. The City of Bremerton shall indemnify, defend and hold harmless Kitsap County, its officers, agents and employees from and against any and all claims, suits, actions, causes of action, losses, damage, or liabilities of any kind, nature or description, including payment of litigation costs and attorney's fees, brought by any person or persons for or on account of any loss, damage or injury to person, property or any other interest, tangible or intangible, sustained by or accruing to any person or persons, howsoever the same may be caused, directly or indirectly, arising or resulting from any alleged negligent or intentional acts or BKAT.AGT - 1/28/98 - 9 omissions of the City of Bremerton, its officers, employees, agents, contractors or invitees arising out of or resulting from the performance of this agreement. Such indemnity shall also cover any and all claims of loss or damage to person or property arising out of the failure of the City of Bremerton to comply with any applicable laws, rules, regulations or other requirements of local, state or federal authorities, for claims of libel, slander, invasions of privacy, or infringement of common law or statutory copyright, for breach of contract which claims, directly or indirectly, result from the City of B remerton's use of channels, funds, equipment or facilities utilized under this agreement. In the event any such claim, action or liability is brought against Kitsap County, its officers, agents or employees, Kitsap County shall promptly forward it to the City of Bremerton, the City of Bremerton shall control the investigation, defense, resolution and payment of ail such claims, actions or liabilities, including the retention and management of attorneys and the costs thereof. Section 17. Notices. All notices and other communications to be given by either party may be given in writing, depositing the same in the United States, mail, postage prepaid and addressed to the appropriate party as follows: Administrative Services Director City of Bremerton 239 Fourth Street Bremerton, Washington 98337 Administrative ~ervices Director Kitsap County 614 Division Street Port Orchard, Washington 98366 Section 18. Cable Advisory Committee. The Mayor of Bremerton, with confirmation of the BKATAOT - 1/28/98 - 10 Bremerton City Council, and the County Commissioners shall appoint the Public Access Advisory Committee composed of nine members. The Advisory Committee will be established by City of Bremerton Ordinance to be adopted. The City and County will appoint members as follows: City_ ~ Government StaffRepresentatives 1 1 User Representatives 1 1 Community Representatives 2 2 Youth Representative Joint Appointment (1) Section 19. Entire Agreement. This Agreement is the entire agreement of the parties and supersedes all prior negotiations and agreements whether written or oral. This Agreement may be amended only by written agreement and no purported oral amendment to the Agreement shall be valid. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. KITSAP COUNTY CITY OF BREMERTON (a municipal corporation) ~HRI$ E~$)EN, Chair L~N S. HORTON, Mayor PHIL BEST, Commissioner APPROVED AS TO FORM: CHARLOTTE GARRIDO, Commissioner Interim City Attorney Date: ~- / ] f/ ~ ~ // // BKATAOT - 1/28/98 - l I ATTEST: DEPARTMENTAL APPROVAL: KATHLEEN McCLUSKEY, City CJ~rk BKAT.AGT- 1/28/98- 12 Access Television Inventory: ~ounty ~..~$99.00 ITEM ~U~KE MODEL S/N COST Audio Level Interface - dual ESE ES-244 P2 370.00 Audio Level Interface ESE ES-244 3542 175.00 audio microcassette recorder GE 3-5366A 150.00 board - white n~arker wall 300.00 Bookcase 4 shelf 100.00 cabinet - 4 door w/ blue top 200.00 cabinet - 4 doors 150.00 cabinet - 4 sliding doors, 3 150.00 Cabinet - Conference roo~ 4 150.00 cabinet - desk (5 drawers) 150.00 cabinet - desk (5 drawers) 150.00 cabinet - file 4drawer legal 800.00 cabinet - file 4drawer legal 150.00 Cabinet - office 4 door 150.00 camera - color ~ Sears 9345381215 1103320 '1,200.00 camera - Hi8 video camcorder Sony CCD-~VT0 1029470 1,499.99 Camera - SVHS video camcorder Panasonic AG-456UP J6HB00882 2,055.00 CamEra - SVHS video camcorder Panasonic AG-456%~P J6HB00365 2,055.0C cart - A/V 4 shelf 350.0C chair - grey/wood/flared ar~s Carolina 91017 200.0¢ chair - grey/wood/flared arms Carolina 91017 200.0C Chair - office w/ arms 150.0C Chair - office w/ arms 150.0¢ Chair - office w/wood arms 4 150 0C chair - teal charade McMaha 731220 100 0C chair - teal charade McMaha 731220 100 0£ chair - teal charade McMaha 731220 100 0£ chair - teal charade McMaha 731220 100 0£ chair - teal charade McMaha 731220 100 0£ Chair - wood Arms Carolina 150 0( computer - 15in. multisync NEC XV15 JC1571VMA 499 9~ computer - CPU NEC ReadyOffic 102-00041 2,399 9~ computer - CPU PC's Limited Turbo PC 2,000 0{ computer - Media 100 system Data Media 100 00357020 3,600 0[ computer - monitor Fortis AM30 15991441 200 0[ computer - printer Hewlett Packard C4565A US6B0110DP 499.9~ computer - scanner flatbed Mustek MFS-12000S AN6020079 499.~5 computer - speakers NEC R01625 ' 100.0£ Co~uter software - ? Col 7351630308 99.97 co~uter software - Picture Micrografx 150.0£ computer software - Media Thomas Creek v 1.0 405.0£ controller / switcher Leightronix Mini-T Pro 01994 800.0( COuch - (loveseat) Carolina 34517 300.0( desk - Mid Atlantic MD-48 220.0( Desk - 2 drawer 200.0( Desk - 2 drawer 200.0( Desk - 2 drawer 200.0( Desk - 4 drawer wood 250.0( desk - 5 drawer 350.0( desk - 5 drawer (w/ black 350.0( desk - receptionist L 300.0( Page i Access Television Inventory: County >$99.00. ITEM MAKE MODEL S/N COST desk - shelf workstation combo 350.0C Desk - w/ computer rollout 300.00 Edit Pack i (3 items) Panasonic 3 items 6,840.0C Editing Control Unit Panasonic AG-A350 C6TNA1464 1,500.0¢ Editing Control Unit Sony RM-450 82431 1,500.0¢ Faxmachine Sharp UX-177 199.95 Intercom - belt pack Telex BP-1000 B57039 171.0¢ Intercom - belt pack Telex BP-1000 B57057 171.0£ Intercom - belt pack Telex BP-1000 B57063 171.0£ Intercom - headset Telex PH-8 115.0£ Intercom - headset Telex PH-8 115.0£ Intercom - headset Telex PH-8 115.0( Intercom - headset Telex PH-8 115.0( Intercom - microphone Telex EGM12N 123.0( Intercom Power Supply & Telex SPS2000 11737 420.0( Intercom Station - 2 channel Telex US-2000 9647 365.0( interface - VCR TAO I-Port 422 445.0( microphone - lavalier electret Sony ECM-44B 235897 185.0( Microphone - Lavalier Electret Sony ECM-44B 0237099 185.0( Microphone - Lavalier Electret Sony ECM-44B 0237100 185.0( Microphone - Lavalier Electret Sony ECM-44B 0237046 185.0( mixer - Audio/Video Panasonic WJ-MX30 6YA00939 2,063.0( mixer - Audio/video Panasonic WJ-MX30 6YA01044 2,063.0( Monitor - 13in. Color JVC TM-131SU 13102648 320.0( Monitor - 13in. Color JVC TM-131SU 13102528 320.0( Monitor - 13in. Color Panasonic CT-1384Y MB2080985 285.0( monitor bridge Mid Atlantic MB-6 124.0( Monitor/Receiver - 13in. Magnavox PR1316C121 62984238 159.9! Monitor/Tuner/VHS VCR Symphonic TVCRgF1 V29679326 299.9! monitors - 5in. B&W triple Panasonic WV-BM503 69W21378 899.0( monitors - 5in. B&W triple Panasonic WV-BMS03 69W21922 899.0( power strip - 20 outlet w/ Winsted 10713 135.0( power supply / conditioner APC BF250 0960874653 200.0( rack - 70in. Mid Atlantic ERK-4025 399.0( rack - mini Mid Atlantic MR-14W 175.0( rack - mini Mid Atlantic MR-14W 175.Q( refridgerator - 1.7 c.f. JC Penney 867-3002-5 22051475 199.0( shelves - compartmentalized ' 300.0( shelves - compartmentalized 300.0( Switcher - Audio/Video Videotek PVS-6A 09960662 207.0~ table - black/oval/with leaf 350 0~ Table - Conference room (Oak) 500 0~ Table - Typewriter (oak 100 0, Table - Typewriter (oak 100 0~ table - wooden 100 0( telephone - cellular US WEST SCN-2594A GUY 300 0( tripod & head Bogen 3140 250 0( tripod & head Bogen 3140 250 0( Typewriter - electric TA Satellite AG-D8500 300 0~ Typewriter - electric TA Satellite AG-D8500 300 0~ Video Titlemaker Videonics TM-2000 264496 480 0( Page 2 Access Television Inventory: Oou~ty.~. .>$99.00 . ITEM MAKE MODEL S/N COST Video Titlemaker Videontcs TM-2000 262117 475.00 videocassette player - Hi8 Sony EVS-?000 18318 1,645.00 videocassette recorder - Jvc CR-6060U 17418948 1,000.00 Videocassette Recorder - SVHS Panasonic AG-DSSSOP J6TC00072 3,735.00 Videocassette Recorder - SVHS Panasonic AG-DS545P C7TC00030 2,790.00 Videocassette Recorder - SVHS Panasonic AG-DS540 I6TC00006 1,145.00 Videocassette Recorder - SVHS Panasonic AG-DS550P J6TC00078 1,145.00 videocassette recorder - SVHS RCA VR720HF PV665212 349.97 videocassette recorder - Sears 5625358015 26060311 1,000.00 videocassette recorder - tuner Sears 5625359015 40094838 500.00 Videocassette Recorder - SVHS Sony SV0-2000 805126 1,145.00 Videocassette Recorder - SVHS Sony SV0-2000 805135 1,145.00 Videocassette Recorder - SVHS Sony SV0-2000 805136 1,145.00 Videoc&ssette Recorder - SVHS Sony SV0-2000 805108 1,145.00 Vi~ocassette Recorder - SVHS Sony SVO-2000 805204 '1,145.0C videocassette Recorder SVHS Sony SVO-2000 805623 1,145.0£ Videocassette Recorder Sony V0-9800 14726 5,705.0¢ Videocassette Recorder - SVHS Sony SV0-2000 805107 1,145.0¢ Total: 79,243.8~ Page 3