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HomeMy WebLinkAbout4559 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4559 KITSAP CO INFORMATION SERVICES BKAT Services Agreement Finance LEG 12-1 01/01/2006 12/31/2008 02/15/2010 01/01/2010 CPI for years 2007 & 2008 KC-124-06 , ~C:- l:L4.-o(P BREMERTON KITSAP ACCESS TELEVISION SERVICE CONTRACT KITSAP COUNTY . The City of Bremerton (hereinafter referred to as the "City") and Kitsap County (hereinafter referred to as the "County"), referred to collectively as the "Parties," enter into the following Agreement on this 5th day of June 2006: Section 1. Scope of Services. The City, 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 the County's commitments as outlined in this Agreement. BKAT shall provide technical support, consultation; pre-production and post-production services; properly trained staff and volunteers including videographer for field assignments; proceeding/event tape duplication and delivery no later than the 2nd business day following completion of project to program sponsor; and coordination of programming hours and studio time. BKA T' s specified number of service commitments covered by this agreement are herein established: Description ocatlOn Schedule ear Der Event Kitsap County County Courthouse / First and Third Commission Administration Monday of each Meetings Building month (9am - 1 pm) 24 4 hours County Courthouse / Kitsap County Administration Hearing Examiner Building As requested 16 3 hours Kitsap County Planning County Courthouse / Commission Administration Meetings Building As requested 6 8 hours Miscellaneous Various Locations Meetings, Forums, throughout the Workshops, Etc. County As requested 14 6 hours Kitsap County Various Locations Department throughout the Programs - County As requested 2 12 hours L Number per Y Estimated Time The above chart represents estimated use of hours for various functions. The commitment is for 300 hours and may vary as to how it is used. Any time used over 300 hours would be billed at the current rate card rate. The County 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 of County Commissioners, and Hearing Examiner meetings. Production requests by the County beyond the scope of this Agreement willlJe taken on a per production basis. Fees for these services are separate from this Agreement and shall be , determined by the applicable rate schedule as published by BKAT. Production schedules and time lines for services beyond the scope of this Agreement shall be determined by the Parties at the time of request. The County shall have total control over content of special productions. BKA T will work with the County to establish regular, consistent playback times for programs produced under this agreement. Once scheduled, program times shall p.ot be moved, altered or . deleted without consent of the County. Section 2. Payment Obli2:ations. In consideration for the services rendered from January 2006 through the date of execution of this Agreement and further in consideration for the future services to be provided pursuant to this Agreement the Parties agree to compensation as follows: The County shall pay the City on a quarterly basis, 1/4th ofthe current annual amount as specified herein. Services rendered beyond the scope of this Agreement, as set forth in Section I, shall be billed in addition to the annual amount at the rates established and published by BKAT. The annual payment for services provided will be $37,500 for 2006. The City will submit quarterly invoices in January, April, July, and October to the County. The billings for the first year of the contract will be as follows; July 2006 - $18,750 (covering the first two quarters of 2006), October 2006 - $9,375 and January 2007-- $9,375. Each year thereafter, on January 1 , the annual amount will be recalculated based upon the amount paid in the prior year increased by the Seattle-Tacoma-Bremerton Area Consumer Price Index (CPI) - All Urban Consumers - as published in September of the prior year. The City will use the recalculated annual amount divided by four to prepare the quarterly billings to the County beginning with the April billing of each year. Each quarterly invoice will include a listing of actual hours used by the County during the billing period. It is the responsibility of the County to eQ.sure payments are completed in a timely manner. Section 3. Term. This Service Agreement shall be for a period of three (3) years commencing January 1, 2006 and terminating December 31, 2008. 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. In the event any provision in this Agreement is deemed unconstitutional, illegal, or void as a matter oflaw, the parties agree that all of the provisions of this Agreement that are not affected by such occurrence, shall constitute a full and complete Agreement between the parties. Section 6. Indemnify and Hold Harmless. The County and City 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. Section 7. Notices. All notices and other communications to be given by either party may be given in writing addressed to the appropriate party as follows: Director of Financial Services City of Bremerton 345 6th Street, Suite 600 Bremerton, Washington 98337 Department of Information Services Director Kitsap County 614 Division Street MS-21 Port Orchard, Washington 98366 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. Assil!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. Waiver of any right of power arising out of this Agreement shall not be deemed a waiver of any other right or power. Dated this e day of ~ t...V\.)~ , 2006. CITY OF BREMERTON ~EMAN' Mayor APPROVED AS TO FORM: c ~-~S -= RO~UbOViCh,~ - tt;;mey " Dated this 5 K day of j", rJ A/ BOARD OF COUNTY COMMISSIONERS KlTSAP COUNTY WASHINGTON ,2006.