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HomeMy WebLinkAboutR-1997-028 Agreement / Legal Advertising / Yakima Herald - Republic / City Clerk• RESOLUTION NO. R-97- 28 A RESOLUTION prescribing a form of contract for printing and publishing city legal advertising; and directing publication of a call' for proposals if required; or award of contract to Yakima Herald - Republic as the sole source provider. WHEREAS, in accordance with Chapter 1.75 of the City of Yakima Municipal Code, proceedings should be commenced for calling for proposals and awarding a contract for city legal advertising for the ensuing years and the City Council is required to prescribe a form of contract for such legal advertising so that such proceedings may commence; and the City Council has examined the Legal Advertising Contract form attached hereto and deems it to be in the best interests of the City that the attached contract form be approved and prescribed for that purpose, and WHEREAS, pursuant to Chapter 1.75 of the City of Yakima Municipal Code, if only one newspaper is posted as legal and is published within and having circulation within the City of Yakima, as determined by the City Clerk, the City Council may award the legal advertising contract without calling for bids, and WHEREAS, Chapter 1.75 of the City of Yakima Municipal Code authorizes the City Council to award the contract without calling for bids at any time as the Yakima Herald -Republic is determined to be the sole newspaper posted as a legal newspaper and published within the City limits,. now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk of the City of Yakima are hereby authorized and directed to execute legal advertising contracts with the Yakima Herald -Republic so long as it remains the only posted legal newspaper in the City of Yakima, pursuant to the attached and incorporated form. ADOPTED BY THE CITY COUNCIL this 18th day of February, 1997. ATTEST: 4°., Lynn Buchanan, Mayor «}'---_-' �J /C,e3-�� (iii ctrl (- City Clerk LEGAL Da • LEGAL ADVERTISING CONTRACT THIS CONTRACT, executed this 21St day of February 19 97 , by and between the City of Yakima, Washington, a municipal corporation, hereinafter called the City, and the Yakima Herald - Republic , hereinafter called the Publisher, WITNESSETH: WHEREAS, pursuant to Chapter 1.75 of the City'of Yakima Municipal Code, if only one newspaper is posted as legal and is published within and having circulation within the City of Yakima, the City Council may award the legal advertising contract without calling for bids; and WHEREAS, the Yakima Herald -Republic is the only newspaper posted as a legal newspaper within the city limits, the City now, hereby, deems it in the best interest of the City to not call for proposals for printing and publishing legal notices and advertising; and WHEREAS, the Yakima Herald -Republic proposes as follows: 7 point sans serif type with 7 point leading set on an 8 pica (1 5/16 inch) line width in conformance with the attached sample, with paragraphs to be indented two spaces, at the rate of $ 9.78 per column inch for the first insertion and $ 9.21 per column inch for each subsequent insertion of a particular advertisement or notice. NOW, THEREFORE, The City does hereby accept the aforesaid proposal of the Publisher, and agrees to pay the Publisher accordingly for the required printing and publishing of City ordinances, resolutions, legal notices and other legal advertising required by law to be published by the City commencing on the third Tuesday of February, 1997 and ending the third Tuesday of February, 1998. THE PUBLISHER AGREES: 1. To perform all such printing and publishing in accordance with the aforesaid proposal and at the aforesaid price, with all notices to be printed in a common location in a newspaper which satisfies the specifications and requirements of Chapter 1.75 of the City of Yakima Municipal Code. 2. That all legal advertising shall be printed as promptly as mechanically possible following the placing of the order therefore, consistent with dates specified on printing orders requiring printing on a specific date or dates; provided, publications resulting from City Council meetings shall be published during the same calendar week as that during which the City Council meeting is held. LEGAL D1 • 3. The Publisher shall pick up copy for legal advertising at least one time each week from the City Clerk's office, or from such other office as the City Clerk may designate from time to time. The pick up schedule shall accommodate the printing schedule referred to in paragraph 2 above. 4. The Publisher shall republish advertisements in the next issue of the newspaper at no charge to the City when directed to do so by the City Clerk because of a misprint, omission or other error by the Publisher deemed by the City Clerk to require republication. 5. In the event the City advertising is published in a weekly newspaper, the day of publication of which is changed during the term of this contract, the Publisher shall give written notice of such change to the Yakima City Clerk not less than two weeks prior to the change in the publication day. 6. The Publisher shall furnish to the City an affidavit of publication of each legal advertisement immediately following the final printing thereof, which affidavit shall include the full text of the advertisement as printed and the date or dates of publication, which affidavit shall be signed by a responsible and authorized representative of th� Publisher with the signature acknowledged by a notary public. 7. In the event the published advertisements contain cumulative misprints, omissions, or other errors . deemed by the City Council to be sufficient cause for termination of this contract, the City reserves the right to so terminate this contract and arrange for publication of the City's legal advertising with some other legal newspaper for the balance of the term of this contract. The City shall give notice to the Publisher of the consideration by the City Council of termination of this contract in sufficient time to allow the Publisher to appear before and to be heard by the City Council prior to the effective date of any such termination. 8. The name of the newspaper in which the City legal advertising is to be printed is: Yakima Herald -Republic, which newspaper is published (specify daily or weekly) daily. If the newspaper is a weekly newspaper, it will be published on (specify day of week) of each week during the term of this contract, unless notice is given as required in paragraph 5 above. • Executed this day and year first above written. ATTEST: By CITY OF YAKIMA, WASHINGTON City MAnager 67 g ctr( cowrnar Rt1501.014f4 NO - Publisher By For Publisher BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of 2/18/97 ITEM TITLE: AWARD OF CITY'S LEGAL ADVERTISING CONTRACT SUBMITTED BY: GLENN K. RICE, ASSISTANT CITY MANAGER CONTACT PERSONJTELEPHONE: Karen Roberts 575-6037 SUMMARY EXPLANATION: Pursuant to last year's amendment to Chapter 1.75 of the Yakima Municipal Code, it was not necessary to go out for proposals for legal advertising services. The Yakima Herald -Republic is the only posted legal newspaper which meets the requirements of Chapter 1.75 of the Yakima Municipal Code to be published within and having general circulation within the ,city of Yakima. The previously prescribed form contract was revised to reflect the elimination of the need to call for proposals for legal advertising publishing services. The Yakima Herald -Republic proposes the following rate of $9.78 per column inch for the first insertion and all subsequent insertions of the same advertisement at the rate of $9.21. This is an increase of approximately 3.5% over the 1996 rates. The Yakima Herald -Republic has also deleted Section 8 from the contract, which read as follows: "8. In the event the City advertising is published in a daily newspaper, there shall be published in each Monday's edition, in a space other than the legal advertising section, the Agenda for the City Council meeting to be held during that week. The monetary rate provided by this agreement for publishing the City's legal advertising shall include any fee for publishing the Agenda, and no additional charge shall be made for such publication." Resolution X Ordinance _ Contract X Other (Specify) Letter Funding Source Various City Department Budgets APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt the Resolution authorizing the execution of legal advertising contracts without calling for formal proposals as long as the Yakima Herald -Republic remains the only legally posted newspaper. • BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Agstmt award legal ad 1997 Continued from page one • Publication of agendas was initiated by Council policy many years ago and was incorporated into the legal advertising contract at that time. One way to guarantee publication of the agenda on Monday would be to pay to publish it as a legal advertisement. However, the agenda is finalized Friday afternoon and the lead time for publication set by the newspaper is two days (Thursday for Monday publication). The attached letter from the Yakima Herald -Republic states it plans to continue providing this information to its readers through it's editorial staff; however, there would be no requirement to do so. There is no legal requirement for the agenda to be published. The attached Resolution authorizes the City Manager to execute, not only this contract, but also future contracts so long as the Yakima Herald -Republic is the only newspaper which meets the criteria listed in Chapter 1.75 of the Yakima Municipal Code. If another legally posted newspaper meeting the requirements of the Yakima Municipal Code should be established in the city limits, then a call for proposals would be done. AGSTMT 1997 LEGAL AD AWARD February 13, 1997 Yakima Herald -Republic Karen S. Roberts City Clerk City of Yakima 129 N. Second Street Yakima, WA 98901 P. O. BOX 9668, YAKIMA, WASHINGTON 98909 (509) 248-1251 • • Dear Ms. Roberts: Thank you for sending your contract proposal for publishing City of Yakima legal advertising. Per your request, we have completed the blanks in the contract and included the best possible rates. One point I need to bring to your attention is item #8 under the heading "The Publisher Agrees." After talking with Chuck Cochrane, our Publisher, we have deleted this paragraph from the proposed agreement. Item #8 read as follows: In the event the City advertising is published in a daily newspaper, there shall be published in each Monday's edition, in a space other than the legal advertising section, the Agenda for the City Council meeting to be held during that week. The monetary rate provided by this agreement for publishing the City's legal advertising shall include any fee for publishing the Agenda, and no additional charge shall be made for such publication. Karen, the Yakima Herald -Republic must be careful not to include editorial coverage as a part of our advertising agreements. Currently, we do not have contracts that include commitments regarding such coverage. However, this is not to say that agenda information for City Council meetings will not be covered by our editorial staff. Our plans include the continuation of providing this information to the readers of the Yakima Herald -Republic. I will continue to try to reach you so that we can discuss this in greater detail. Any questions regarding this issue can be directed to either Dan Coleman, Editor at 577-7703 or myself at 577- 7719. Sincerely, kg /ZIA! Robert Bickler Advertising Director enc. a daily part of your life.