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HomeMy WebLinkAboutR-1992-D6062 Herald Republic / Summer ProgramRESOLUTION NO. D' 6062 A RESOLUTION authorizing execution of an agreement with the Yakima Herald -Republic for the publication of the City of Yakima Parks and Recreation Division Summer Program Brochure. WHEREAS, the City of Yakima operates a public recreation program under the auspices of the Parks and Recreation Division of the City's Department of Public Works; and WHEREAS, the Parks and Recreation Division desires to inform the public of its summer recreation program schedule through the use of the 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 "Agreement Between the City of Yakima and the Yakima Herald -Republic" together with attachments. ADOPTED BY THE CITY COUNCIL this 25th day of February 1992. ATTEST: Mayor City Clerk FOR OFFICIAL USE ONLY: CONTRACT NO. 92-16 Provider: YAKIMA HERALD Address: 114 N. 4th St., Yakima. WA. Phone: 248-1251 Expenditure Code: AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE YAKIMA HERALD REPUBLIC This Agreement is made and entered into the 25th day of February ,1992, 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 1992 SUMMER PROGRAM BROCHURE. 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 1992 Summer Program Brochure. The printing and distribution of the 1992 Summer Program Brochure shall commence on the 18th day of May, 1992, and terminate on the 26th day of May, 1992. 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 1992 Summer Program Brochure 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: Authorize•: nature 114 North 4th Street Yakima, Washington 98901 (509) 248-1251 Herald Republic Contract Page 3 Date CITY OF YAKIMA: ATTEST: L City Manager Date City Clerk 129 North 2nd Street Yakima, Washington 98901 (509) 575-6005 Herald Republic Contract Page 4 ATTACHMENT "A" AREAS OF RESPONSIBILITIES: 1. The City of Yakima Parks and Recreation Division shall: A. Provide a camera ready copy of the 1992 Summer Program Brochure Ad to the Herald on or before May 5, 1992 by 12 noon. B. Provide a camera ready copy of the 1992 Summer Program Brochure to the Herald on or before May 18, 1992 by 12 noon. C. Provide a color rendered copy of the 1992 Summer Program Brochure to the Herald on or before May 18, 1992 by 12 noon. D. Give a minimum of forty-eight (48) hours notice of any changes to the 1992 Summer Program Brochure 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. Provide four (4) 15 inch promotional ads at no charge. Schedule for the promotional ads is as follows: 1. Sunday, May 10 - Yakima Herald Republic 2. Sunday, May 17 - Yakima Herald Republic 3. Wednesday, May 20 - Yakima Herald Republic 4. Sunday, May 24 - Yakima Herald Republic C. Produce the 1992 Summer Program Brochure on a tabloid format. Estimated number of pages are: 24 or 28. Herald Republic Contract Page 5 D. 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 1992 Summer Program Brochure are Black for text and Peacock Blue for graphics. E 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. F. 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, May 22, 1992. G Provide an itemized invoice/billing to the City's Public Works Administrative office for the services rendered during the previous month on or before the 25th day of June, 1992. 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, Eleven Thousand, Seven Hundred Ninety -Two Dollars and No Cents ($11,792.00) for twenty-four (24) page or Thirteen Thousand Three Hundred ($13,300.00) for a twenty-eight (28) page 1992 Summer Program Brochure 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 Parks and Recreation Division for the printing and distribution of the 1992 Summer Program Brochure on or before the 25th day of June, 1992. 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: Individual Corporation Partnership Professional Service Corp. Sole Proprietorship Authorized Signature: Dated: 2-2F --P z x 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