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
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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
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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.
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Executed this day and year first above written.
ATTEST:
By
CITY OF YAKIMA, WASHINGTON
City MAnager
67 g
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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
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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
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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
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