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Home My WebLink About5546 � - �►�u �-�' � � AOENDA BlLL �H CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Seroioes S�dy Session Date: January 27.2016 Agreement with City of Poulsbo for BKAT COUNCIL MEETING Date: February 3,2016 Servioes Department: Finance PreseMer: Char Bumette Phone: (360)473-50t 1 SUMAAARY: BKAT has had a Senrice CoMract w�h the Cily of Poulsbo since 2006. The cument Contract expir+ed at the end of 2015. This is a new 10 year contrack ATTACHMENTS: Seroice Contrad—Cit�r of Poulsbo FISCAL IMPACTS(Include Budgeted Amount): $21,319.00 for 2016. This amouM is increased by CPI annually. I STUDY SESSION AGENDA: � No Presentation ❑ Full Presentation STUDY SESSION ACTION: �Consent Agenda ❑ General Business ❑ Public Hearing RECOAAMENDED MOT10N: Move to approve tl�e Professional Services Agreement beiween the City of Bremerton and The City of Poulsbo; and suthorize the Mayor to finalize and exea�te the agreement with substantiatly the same terms and condidons as presented. COUNCIL ACTtON: [�Approve ❑ Deny ❑Table ❑ Continue ❑ No Ac�ion Fo�m uQdecea o�ro�ns BREMERTON KITSAP ACCESS TELEVISION SERVICE CONTRACT CITY OF POULSBO The City of Bremerton(hereinafter referred to as "Bremerton") and the City of Poulsbo (hereinafter referred to as Poulsbo), referred to collectively as the "Parties," enter into the following agreement on this 7`h day of January 2016: Section 1. Scope of Services. Bremerton, through Bremerton Kitsap Access Television (hereinafter referred to as BKAT), 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. BKAT shall provide technical support, consultation; pre-production and post-production services; properly trained staff including a videographer for field assignments. BKAT shall provide a dvd copy as longs as dvd recordings are used in the proceedings or events within the Poulsbo Chamber AV Room. BKAT shall also provide coordination of programming hours and studio time. BKAT's specified numbers of service commitments covered by this agreement are herein established Ci of Poulsbo Commitments Number per Estimated Time Descri tion Location Schedule Year er Event Ciry Council City Council First,Second and Meetings Chambers Third Wednesdays 6-1 Opm 36 4 hours Various locations Extra City Meetings As requested 2 3-12 hours* or special programs requested by the City *indicates recording and edit time Poulsbo 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 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 BKAT. Production schedules and timelines 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. BKAT 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. Pavment Obli�ations. In consideration of the services provided pursuant to this Agreement, Poulsbo shall pay Bremerton an annual amount of 21,319.00 Services rendered beyond the scope of this Agreement, as set forth in Section l, 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 Bremerton 1/12`h of the cunent annual amount 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 31 revised billing date. In the event the CPI is a negative number, the charges would remain as established the previous year. A monthly invoice will not be provided. It is the responsibility of Poulsbo 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 of ten (10) years commencing January 1, 2016 and terminating December 31, 2025 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. 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 of litigation 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 Clerk City of Bremerton City of Poulsbo 345 Sixth St., Suite 600 200 Moe St Bremerton, WA 98337 Poulsbo, WA 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. 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. CITY OF BREMERTON CITY OF POULSBO � � Patty Lent A OR B a3 /� Reb cca r kson, MAYOR APPROVED AS TO FORM APPROVED AS TO FORM ��t�.-�� C . ' Ro er A. Lubovich, Cit� James E. Haney, City Attorney ATTEST: (�-��-c�- ��;�-e� Kylie Purves, Interim City Clerk