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Home My WebLink AboutMasonWebTV (2015)AGREEMENT WITH MASONWEBTV.COM FOR LIVE VIDEO STREAMING A. PARTIES This agreement is entered into between Mason County (County) and MasonWebTV.com (MWTV) for live video streaming services (Streaming Services). The above entities are collectively referred to as the PARTIES. B. PURPOSE MWTV agrees to provide Streaming Services for regular Mason County Commission meetings at the rate of $50 per meeting for half day meetings (up to 4 hours); $100 for full day meetings (over 4 hours up to 8 hours). In the unlikely event a meeting is longer than 8 hours; the rate for e ach additional hour is $25. Streaming Services may be provided at additional meetings as agreed to by both PARTIES at the above rates. MWTV will provide to the County a DVD of each meeting streamed at no additional cost for retention purposes. The DVD shall become the property of the County. C. TERM The term of this agreement shall be for six months effective upon the date of signatures and can be extended with the written consent of both PARTIES. First meeting to be streamed is on Jan. 6, 2015. Either PARTY may terminate this agreement with 14 days or more written notice. D. PAYMENT TERMS The COUNTY will remit funds to MasonWebTV as invoiced for Streaming Services at the above rates within 30 days of receiving invoice. E. RESPONSIBILITIES OF THE PARTIES • County will provide access to the County's Internet connection and necessary passwords for connectivity. If a connection is not available, MWTV will utilize a mobile broadband device provided sufficient signal is available. If sufficient connection and/or signal are not available, MWTV will take all efforts to record the meeting and post the video to the web in a timely manner. • MWTV will utilize a minimum of one camera (provided by MWTV), a connection to the existing sound system in the Commission Chambers, and other microphones and equipment as needed (provided by MWTV). • MWTV may utilize additional microphones and other necessary equipment to better provide the public access to pictures, maps and charts. County staff will make attempt to provide those documents available to MWTV prior to the meeting for inclusion in the webcast. • MWTV will send a video and audio feed to Ustream Channel that the County, MasonWebTV.com, the public and others can embed on their websites and use in broadcasts, n ewscasts, news stories, etc. • MWTV pays a monthly fee to Ustream to provide video streaming services. MWTV will create and maintain the necessary UStream channel for the duration of its contract with the County. • MWTV shall provide available analytical information (number of users viewing video live and recorded, length of time of viewing, etc.) to the County as requested. This information shall be u sed for performance review. Agreement with MasonWebTV.com • MWTV reserves the right to stream other Mason County Commission meetings utilizing the same Internet connection and connection to the existing sound system without additional cost to the County. • County will provide MWTV access to meeting venue one hour prior to meeting time for set up and allow ample time for breakdown after meeting conclusion F. INSURANCE MasonWebTV shall carry, as a minimum, for the duration of this agreement the following Insurance in such forms and with a carrier rated A.M. Best "A:VII": • Workers' Compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington, Commercial General Liability Insurance with limits of liability not less than $1,000,000 per occurrence and $2,000,000 in the general aggregate, for bodily injury, including personal injury or death, products liability and property damage. Certificates of Insurance naming the COUNTY as additional insured on all such insurance policies, with the exception of the Workers Compensation coverage. The insurance provided to the additional insured shall be primary and non-contributory. MasonWebTV shall provide certificates of insurance and an Additional Insurecc endorsement, concurrent with the execution o f this Agreement, evidencing such coverage and at the COUNTY's request, furnish the COUNTY witn copies of all insurance policies and with evidence of payment of premiums or fees of such policies. • MasonWebTV Commercial General Liability Insurance shall be primary and non-contributory with respect to any insurance or self-insurance programs covering COUNTY, its officers, officials, e mployees and agents. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the COUNTY, its officers, officials employees and agents. • All insurance policies shall contain a clause of endorsement providing that they may riot be terminated or materially amended during the term of this Agreement, except after forty-five (45) days prior written notice to the COUNTY. If MasonWebTV's insurance policies are 'claims made" or "claims paid". MasonWebTV's failure to maintain such insurance policies shall be grounds for the COUNTY's immediate termination of this Agreement. G. INDEPENDENT CONTRACTOR Both parties agree that MWTV is an independent contractor and is not an agent for the County. Any personnel of the MWTV used in connection with rendering the services contemplated by this agreement shall be recognized as employees of the MWTV, not of the County, and such e mployees shall have no claim against the County for compensation or benefits available to Mason County employees. Both parties agree that, as an independent contractor, MWTV is not prohibited from pursuing additional advertisers or sponsors to offset costs of providing streaming services. Advertising containing the following content will not be permitted: • Obscene or indecent • Discriminatory • Religious • Political • Public Issue Agreement with MasonWebTV.com In addition advertising that depicts or promotes the following products, services or other material will not be permitted: • Tobacco, liquor, or recreational drug products • Films rated "X" or "NC-17" and video games rated "A" or "M", or comparable industry standards • Adult book / video stores, adult Internet sites, adult telephone services, escort services and adult entertainment establishments • Any material that is false, fraudulent, misleading, deceptive or would constitute a tort of defamation or invasion of privacy • Any material that is so objectionable that under contemporary community standards as to be reasonably foreseeable that it will result in harm to, disruption of, or interference with a transportation system • Any material directed at a person or group that is so insulting, degrading or offensive as to be reasonably foreseeable that it will incite or produce imminent lawless action in the form of retaliation, vandalism or other breach of public safety, peace and order H. INDEMNIFICATION/HOLD HARMLESS MWTV shall defend, indemnify and hold the COUNTY, its officers, officials, employees and ✓ olunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the MWTV in performance o f this agreement, except for injuries and damages caused by the sole negligence of the COUNTY. NON-DISCRIMINATION MWTV shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability or veteran status; or deny an individual or business any service or benefits under this agreement or subject an individual or business to segregation or separate treatment in any manner related to the services or other benefits provided under this agreement; or deny an individual or business an opportunity to participate in any program provided by this agreement. The MWTV also shall not discriminate on any of the aforementioned grounds in its employment practices. J. SEVERABILITY If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this e nd the terms and conditions of this contract are declared severable Agreement with MasonWebTV.com Dated this 25 day of L?O&Y11( , 2014 ATTEST: erk of the Board APPROVED AS TO FORM: Tim Whitehead, Chief DPA Dedrick Allan MasonWebTV BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Terri Jeffreys, C Tim Sheldon, Commissioner i Lon Ran y Neatherlin, missioner