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4549
POULSBO ~ CITY OF
Services - Governmental Access Television (BKAT)
Finance
LEG 12-1
01/01/2006
12/31/2015
09/01/2015
Yearly CPI
Termination w/120 days written notice
BREMERTON KITSAP ACCESS TELEVISION
SERVICE CONTRACT
CITY OF POULSBO
The City of Bremerton (hereinafter referred to as "Bremerton") and the City ofPoulsbo
(hereinafter referred to as Poulsbo), referred to collectively as the "Parties," enter into the
following agreement on this ~ day of~/M NI1J.'t~006:
Section 1. Scope of Services. Bremerton, through Bremerton Kitsap Access Television
(hereinafter referred to as BKA T), shall provide governmental access television services,
including but not limited to, video production and program scheduling related to Poulsbo's
commitments as outlined in this agreement. BKA T shall provide technical support, consultation;
pre-production and post-production services; properly trained staff and volunteers including a
videographer for field assignments. BKA T shall provide proceeding/event tape duplication and
delivery to the program sponsor no later than the 2nd business day following completion of a
project. BKAT shall also provide coordination of programming hours and studio time.
BKA T' s specified number of service commitments covered by this agreement are herein
established:
City of Poulsbo Commitments
Number per Estimated Time
Descriotion Location Schedule Year oer Event
City Council City Council First, Second and
Meetings Chambers Third Wednesdays
6-IOpm 36 4 hours
Special Programs Various Locations As requested 2 Max 30 hours each
or or or or
Extra City Meetings As requested Max 60 hours/year 2-3 hours
Poulsbo shall retain control over program content and designate one person to authorize and
schedule programs produced under this agreement. BKA T shall provide production and
playback of regularly scheduled City Council meetings. Production requests by Poulsbo beyond
the scope of this Agreement will be taken on a per production basis. Fees for these services are
separate from this Agreement and shall be determined by the applicable rate structure as
published by BKA T. Production schedules and time lines for services beyond the scope of this
Agreement shall be determined by the Parties at the time of request. Poulsbo shall have total
control over content of special productions.
BKA T will work with Poulsbo 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 Poulsbo.
Section 2. Payment Obli2ations. In consideration of the services provided pursuant to this
Agreement, Poulsbo shall pay Bremerton an annual amount of$17,000, or One Thousand Four
Hundred Sixteen and 63/100 Dollars ($1,416.63) for January 2006 and One Thousand Four
Hundred Sixteen and 671100 Dollars ($1,416.67) per month for February 2006 through
December 2006. 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. Poulsbo shall make funds available to Bremerton as follows:
On a monthly basis, no later than the last claims batch of each month, Poulsbo shall pay the
monthly amount due as specified herein. Each year thereafter, on January 1, the annual amount
will be re-calculated based upon the amount paid the previous year increased by the Seattle-
Tacoma-Bremerton Area Consumer Price Index (CPI) as published in July of the previous year.
Bremerton will annually prepare a written notice to Poulsbo of the recalculated annual amount
and provide this no later than July 30 prior to the January 1 revised billing date. A monthly
invoice will not be provided. It is the responsibility ofPoulsbo to ensure payments are initiated
and completed in a timely manner and in no event shall payment be processed later than the last
claims batch of each month.
Section 3. Term. This Service Agreement shall be for a period often (10) years commencing
January 1,2006 and terminating December 31,2015.
Section 4. Termination. Either party to this Service Agreement may terminate the agreement
without cause upon giving one hundred twenty (120) days written notice to the other party.
Section 5. Severability. Should any part of the Agreement be found void, 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. However, in the event oflitigation to enforce any of the terms or
provisions of the Agreement herein, each party shall pay all 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:
Director of Financial Services
City of Bremerton
345 Sixth St., Suite 600
Bremerton, W A 98337
City Clerk
City of Poulsbo
P.O. BOX 98
Poulsbo, W A 98370
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. Assh!nment. 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 ofthis Agreement shall not be deemed a
waiver of that provision.W aiver of any right of power arising out of this Agreement shall not be
deemed waiver of any other right or power.
C~E~
CARY BOZEMAN, MAYOR
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CITY OF POULSBO
~~q-
THRYNH.QUADE,MAYOR
APPROVED AS TO FORM
APPROVED AS TO FORM
~z.
ATTEST:
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Kar I Jones, CMC, City Clerk