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Home My WebLink About4570 Contract Number: 4570 Vendor: PORT ORCHARD - CITY OF Subject: BKAT Services Department: Finance File Class: LEG 12-1 Begin Date: 09/O1/2006 End Date: 12/31/2009 Review Date: 02/15/2011 Vault Date: O1/O1/2011 Comments: See contract for compensation - CPI 1/1 each yr Automatic renewal for 1 yr terms unless 120 day termination notice given Not renewed INTERLOCAL AGREEMENT BETWEEN THE CITIES OF BREMERTON AND PORT ORCHARD REGARDING BREMERTON KITSAP ACCESS TELEVISION SERVICES As authorized by Chapter 39.34 RCW, the City of Bremerton (hereinafter referred to as "Bremerton") and the City of Port Orchard (hereinafter referred to as Port Orchard), referred to collectively as the "Parties," enter into the following agreement on this 1... 'L day of August 2006: 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 Port Orchard'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. BKA T shall also provide coordination of programming hours and studio time. BKAT's specified number of service commitments covered by this agreement are herein established: Citv of Port Orchard Commitments Number per Estimated Time Descrintion Location Schedule Year ner Event City Council City Council Second and Fourth Meetings Chambers Mondays 7:00 - 10:00 pm 24 4.5 hours Port Orchard shall retain ownership and 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 Port Orchard beyond the scope ofthis 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 BKAT. Production schedules and timelines for services beyond the scope of this Agreement shall be determined by the Parties at the time of request. Port Orchard shall have total control over content of special productions. BKA T will work with Port Orchard 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 Port Orchard. Section 2. Pavment Oblil!ations. In consideration of the services provided pursuant to this Agreement, Port Orchard shall pay Bremerton a monthly amount estimated to be $329.50 per meeting (based on the attached rate sheet labeled "A") beginning July 1,2006. Effective January 1, 2007 the rates of billing set forth above shall be increased by one hundred percent (100%) of the percentage increase set forth in the Seattle- Tacoma-Bremerton Area Consumer Price Index (CPI) for the previous calendar year. 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 ofthe previous year. Bremerton will annually prepare a written notice to Port Orchard of the recalculated annual amount and provide this no later than July 30 prior to the January 31 revised billing date. Services rendered beyond the scope of this Agreement, as set forth in Section 1, shall be billed in addition to the estimated monthly amount at the rates established and published by BKA T. A monthly invoice will be provided by BKA T. It is the responsibility of Port Orchard to ensure payments are initiated and completed in a timely manner and in no event shall payment be made later than the last day of the month on which payment is due. Section 3. Term. The initial term of this Service Agreement shall be for a period of sixteen (16) months commencing September 1,2006 and terminating December 31, 2007. Thereafter, this Service Agreement shall automatically renew for successive twelve (12) month terms unless either party gives written notice of termination as set forth in Section 4, below. 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. Indemnifv and Hold Harmless. Port Orchard and Bremerton 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, WA 98337 City Clerk City of Port Orchard 216 Prospect St. Port Orchard, W A 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. Assienment. 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. Section 12. Standard of Care. Bremerton represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this Agreement. CITY OF PORT ORCHARD ~~ ? AbJ KIM ABEL, MAYOR APPROVED AS TO FORM APPROVED AS TO FORM ~L~A~n;: - ~~ en om , Ity Attorney ~ ATTEST; ~ n1_(0ill~ Michelle Merlino, Acting City Clerk ASSUMPTIONS Meetings per month Meetin s er ear Hours per meetin Production time per meeting Crew Break down Attachment A - Rate Sheet Bremerton. Kitsap ~I-access- TE LEVI 51 ON 7266 Tibardis Rd NW Bremerton, W A 98311 360-308-0139 Worksheet for the City of Port Orchard City Council Meetings: 2006 24 3 4 (1 hour added to meeting time, includes set up & ra hics .25 2 RATE CARD T Quanti 1 hour 3 hours .25 hour 1 du lication 1 ta e 1 ta e ical Port Orchard Ci Council Meetin Descri tion Unit Crew set u - ra hies $63.00 Production $63.00 Crew break down $63.00 Ta e du lication $33.00 SVHS ST 3hour ta e $13.00 VHS or DVD co for archives Extension $63.00 $189.00 $31.50 $33.00 $13.00 City of Port Orchard 2006 rates $63.00 hr $63.00 hr $63.00 hr $63.00 hr $33.00 $13.00 TOTAL $329.50 Cost worksheet 2006 Number of meet in s Avera e cost of meetin Estimated 2006 total cost of Ci Council Meetin s onl 24 $329.50 $7,908.00