HomeMy WebLinkAboutR-1991-D5979 Herald Republic•
RESOLUTION NO))P. 5979
A RESOLUTION authorizing execution of an agreement with the
Yakima Herald -Republic for the publication of the
City of Yakima Parks & Recreation Division Fall
Program Guide.
WHEREAS, the City of Yakima operates a public recreation
program under the auspices of the Parks & Recreation Division
of the City's Department of Public Works; and
WHEREAS, the Parks & Recreation Division desires to
inform the public of its fall recreation program schedule
through the use of a newspaper supplement in the Yakima
Herald -Republic; and
WHEREAS, the City Council deems it to be in the best
interest of the City of Yakima to authorize execution of a
contract for such publication; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and the City Clerk are hereby authorized
and directed to execute the attached and incorporated "1991
Agreement Between the City of Yakima and the Yakima Herald -
Republic" together with attachments.
ADOPTED BY THE CITY COUNCIL this //..3 day of August,
1991.
ATTEST:
)2
City Clerk
(res/herald.jv)
Mayor
FOR OFFICIAL USE ONLY: CONTRACT NO. 9/- 89/ D- 597
Provider: YAKIMA HERALD Address: 114 B. 4th St., Yakima. WA.
Phone: 248-1251 Expenditure Code:
1991 AGREEMENT
BETWEEN THE CITY OF YAKIMA AND
THE YAKIMA HERALD REPUBLIC
This Agreement is made and entered into the 20th day of June, 1991,
by and between the City of Yakima, Department of Public Works,
Parks and Recreation Division, herein referred to as the "City" and
the YAKIMA HERALD REPUBLIC, a business herein referred to as
"HERALD".
WHEREAS, the City finds it necessary to contract with the HERALD to
provide specialized printing and distribution skills to facilitate the
1991 FALL PROGRAM GUIDE.
WITNESSETH: That for and in consideration of mutual covenants,
promises and agreements, herein contained the parties mutually
agree as follows:
1. The duties of printing and distribution are to be
performed by the HERALD in conjunction with the City's
1991 Fall Program Guide. The printing and distribution
of the 1991 Fall Program Guide shall commence on the
26th day of August, 1991, and terminate on the 3rd day
of September, 1991.
2. During the performance of this Agreement, the HERALD
shall not discriminate on the basis of race, color, sex,
religion, national origin, creed, or the presence of any
sensory, mental or physical handicap.
3. Special areas of responsibilities for both the City and
the HERALD are contained in Attachment "A" which is
attached and incorporated into this Agreement.
Herald Republic Contract
Page 1
4. It is expressly agreed upon by both parties that the
business, referred to in this Agreement is an independent
contractor and not an employee of the City. The HERALD
is solely responsible for complying with all applicable
laws related to such employment, including but not
limited to payment of Federal Withholding Tax, FICA,
Social Security Tax, Assessment for Unemployment and
Industrial Injury.
5. It is understood that the City does not maintain liability
insurance on the HERALD.
6. The HERALD shall defend, indemnify and hold harmless
the City, its agents, officers, and employees from any
and all liability resulting out of the performance of this
Agreement.
7. As consideration for the services specified in this
Agreement, the City agrees to compensate the HERALD
according to the payment schedule, Attachment "B" which
is attached and incorporated into this Agreement.
Provided the HERALD submits a final itemized
invoice/billing for services no later than thirty (30) days
following the last day of services rendered. The HERALD
waives all claim to compensation in the event that the
City does not have a final itemized invoice/billing for
services within sixty (60) days of the last day on which
services were rendered.
8. This Agreement, or any interest therein, cannot be
assigned in whole or in part by the HERALD to any other
party unless mutually agreed upon by both parties.
9. If the HERALD fails to comply with the terms and
conditions of this Agreement in such a manner that the
Parks and Recreation Manager in his sole discretion
deems that the continuation of this Agreement is no
longer in the best interest of the City, the City may
terminate this Agreement by written notice, giving the
HERALD five (5) days notice of termination.
Herald Republic Contract
Page 2
10. If the City fails to comply with the terms and conditions
of this Agreement, the HERALD may terminate this
Agreement by written notice, giving the City thirty (30)
days notice of termination.
11. If for any reason prior to termination of this Agreement
as provided herein the HERALD fails to provide the
services specified in this Agreement and the City is
forced to secure other such services, the HERALD shall be
held liable for any and all additional expenses to fulfill
their obligation to the City and the printing and
distribution of the 1991 Fall Program Guide under this
Agreement.
12. All notices required by this Agreement shall be deemed
properly served when deposited in the United States Mail
three (3) days prior to any deadline listed herein, postage
prepaid, and addressed to the appropriate party at the
addresses listed below.
13. This Agreement constitutes the entire Agreement
between the parties. There is no other oral or written
Agreements between the parties as to the subjects
covered herein.
14. If any portion of this Agreement is changed per mutual
Agreement, the Agreement shall be amended in writing to
reflect the change.
YAKIMA HERALD REPUBLIC:
Oar ) (0 u'` a,2'21„
Authorized Signature Date
fir
114 North 4th Street
Yakima, Washington 98901
(509) 248-1251
Herald Republic Contract
Page 3
CITY OF YAKIMA:
ATTEST:
City anager J Date
City Clerk
129 North 2nd Street
Yakima, Washington 98901
(509) 575-6005
Herald Republic Contract
Page 4
/99/
ATTACHMENT "A"
AREAS OF RESPONSIBILITIES:
1. The City of Yakima Parks and Recreation Division shall:
A. Provide a camera ready copy of the 1991 Fall Program
Guide Ad to the Herald on or before August 14, 1991 by
12 noon.
B. Provide a camera ready copy of the 1991 Fall Program
Guide to the Herald on or before August 26, 1991 by 12
noon.
C. Provide a color rendered copy of the 1991 Fall Program
Guide to the Herald on or before August 26, 1991 by 12
noon.
D. Give a minimum of forty-eight (48) hours notice of any
changes to the 1991 Fall Program Guide production
schedule as agreed upon. All changes must be made in
writing and with cause.
E Pay the Herald for services provided within thirty (30)
days after receiving the invoice/bill.
2. The Herald shall:
A. Sign the U.S. Internal Revenue Service Form 1099 (MIS)
Attachment "C" which is attached and incorporated into
this Agreement.
B. Adhere to the production schedule Attachment "D" which
is attached and incorporated into this Agreement.
C. Provide four (4) 15 inch promotional ads at no charge.
Schedule for the promotional ads is as follows:
Herald Republic Contract
Page 5
1. Saturday, August 24th - Yakima Herald Republic
2. Tuesday, August 27th - The Extra
3. Saturday, August 31st - Yakima Herald Republic
4. Tuesday, September 3rd - The Extra
D. Produce the 1991 Fall Program Guide on a tabloid format
with a quarter fold cover and back page. Estimated
number of pages are: 16 or 20.
E Two (2) colors are to be provided on each page, one being
used for text and the other for graphics. The colors
chosen for the 1991 Fall Program Guide are Black for
text and Spartan Red for graphics.
F. Distribution is to be through the Yakima Herald Republic
and the Extra, which is mailed to approximately 60% of
non -subscribers and carrier delivered to the remaining
non -subscribers. The distribution will be to the Upper
Valley only. Distribution will be to a total of 51,000
households.
G An additional 3,000 copies will be made available to
Parks and Recreation for its distribution and are to be
delivered to the Yakima Senior Center on Friday, August
30, 1991.
I -t Provide an itemized invoice/billing to the City's
Administrative Specialist for the services rendered
during the previous month on or before the 3rd day of
October, 1991.
Herald Republic Contract
Page 6
ATTACHMENT "B"
PAYMENT SCHEDULE:
1. The City of Yakima Parks and Recreation Division shall:
A. Pay the Yakima Herald Republic, Ten Thousand, Seven
Hundred Fifty Dollars and No Cents ($10,750.00) for a
twenty (20) page or Nine Thousand, Three Hundred Ninety
Dollars and No Cents ($9,390.00) for a sixteen page 1991
Fall Program Guide printing and distribution.
B. Agree to pay the Yakima Herald Republic within thirty
(30) days, after receiving an itemized monthly invoice/
billing.
2. The Yakima Herald Republic shall:
A. Provide an itemized monthly invoice/billing to the City's
Administrative Specialist for the printing and distribu-
tion of the 1991 Fall Program Guide on or before the 3rd
day of October, 1991. To be included in this invoice/
billing are any service adjustments, additional fees,
charges, and their reconciliation. The City has the right
of set-off as to any accrued fees in the nature of a
penalty or reimbursement for failure to perform.
B. Waive all claim to compensation in the event the City
has no final itemized invoice/billing for services within
sixty (60) days after the last day on which services are
rendered.
Herald Republic Contract
Page 7
ATTACHMENT "C"
IRS FORM 1099 (MIS):
The U.S. Internal Revenue Code requires the City of Yakima to file
"IRS Form 1099" for certain payments which total an aggregate of
$600 or more during the calendar year.
When a correct taxpayer identification number, such as a Social
Security Tax I.D. number, has not been furnished, the City of Yakima
must withhold from payments a tax equal to 20%.
To assist the City of Yakima in meeting the Internal Revenue Service
reporting requirements and for you to avoid the 20% withholding
requirement, please complete the items below, sign and date.
NAME: YAKIMA NEWSPAPERS, INC.
ADDRESS: 114 North 4th Street
Yakima, WA. 98901
Tax I.D. Number/
Social Security No. 91-1332812
Check one:
Authorized Signature:
Individual
Corporation
Partnership
Professional Service Corp.
Sole Proprietorship
1
Dated: diN q ( J
If you believe payments to you by the City of Yakima are exempt
from the Internal Revenue Service reporting requirements, please
supply us with an explanation of the exemption with reference to the
appropriate Internal Revenue Code Regulations providing for such
exemption.
NOTE: Even if you subsequently give us your Tax Identification
Number, the City of Yakima cannot pay the withheld amount to you.
Once the 20% portion has been withheld, you must file a tax return
to receive credit for the withheld amount.
Herald Republic Contract
Page 8
ATTACHMENT "D"
1991 Fall Program Guide Production Schedule:
Contract with the Yakima Herald.
Choose program cover graphic & color.
Staff starts program information.
Program information due from staff.
Proof program information.
Start program guide lay out.
Message from the Manager due.
Program guide lay out complete.
Program guide proof.
Graphic lay out complete.
Program information to clerical staff.
Program guide second proof.
Update program guide mailing list.
Newspaper Ad placed with newspaper.
Program guide final proof.
Newspaper Ad first run.
Program guide to newspaper
Program guide production starts
Newspaper Ad second run.
Program guide production ends
Program guide delivered to Senior Center.
Newspaper Ad third run.
Program guide distribution date.
Senior Volunteers sort program guides.
Newspaper Ad fourth run.
Fall registration begins.
Program guide distribution (aquatics)
Program guide mailing list distribution.
Fall activities begin.
Herald Republic Contract
Page 9
F Jun. 7
M Jun. 10
M Jun. 10
F Jul. 12
F Jul. 19
M Jul. 22
M Jul. 29
T Jul. 30
W Jul. 31
Th. Aug. 1
F Aug. 2
F Aug. 9
W Aug. 14
W Aug. 21
F Aug. 16
S Aug. 24
M Aug. 26
T Aug. 27
T Aug. 27
W Aug. 28
F Aug. 30
S Aug. 31
T Sep. 3
T Sep. 3
T Sep. 3
T Sep. 3
W Sep. 4
Th Sep. 5
M Sep. 16