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HomeMy WebLinkAboutR-1992-D6216 Cherry Avenue between North 1st and 3rd Avenues• • RESOLUTION NO D 6216 A RESOLUTION fixing time for public hearing before the Hearing Examiner on December 17, 1992, on a petition to vacate a portion of Cherry Avenue between North 1st and 3rd Avenues WHEREAS, pursuant to RCW 35 79 010, a petition has been filed with the City Clerk, requesting the vacation of a street or alleyway (or portion thereof) within the City of Yakima, true copy of which petition is attached and incorporated into this resolution, and WHEREAS, such a petition has been signed by the owners of more than two-thirds (2/3) of the property abutting upon the street or alley (or portion thereof) which is requested to be vacated, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA The above -referenced petition for vacation is hereby referred to the Hearing Examiner for public hearing pursuant to section 1 43 080 of the City of Yakima Municipal Code The Hearing Examiner is directed to make written recommendation to the City Council regarding said petition The Hearing Examiner Public Hearing shall be held on December 17, 1992, at 1 30 pm in the city Council Chambers of City Hall, which date and time are not more than sixty (60) days nor less than twenty (20) days after the passage of this resolution It is further resolved that the City Clerk give notice of the Hearing Examiner in the form and manner prescribed by RCW 35 79 020 and Section 1 43 080 of the City of Yakima Municipal Code ADOP 1'hD BY THE CITY COUNCIL this 24� day of I's/ ©`f , 1992. Al 1 EST _ dtiu .Vv City Clerk Mayor 1992 AGREEMENT BETWEEN THE CITY OF YAKIMA AND This Agreement is made and entered into the 9th day of December 1992, by and between the City of Yakima, Department of Public Works, Parks and Recreation Division, herein referred to as the "City" and Yakima Herald -Republic, herein referred to as "Herald". WHEREAS, the City finds it necessary to contract with Herald to provide specialized printing and distribution skills to facilitate the 1993 Winter/Spring 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 1993 Winter/Spring Program Brochure. The printing and distribution of the 1993 Winter/Spring Program Brochure shall be on Tuesday, January 5, 1993. 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. 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. 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 the 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 final itemized invoice/ billing for services within sixty (60) days of the last day on which services were rendered. 7. The Contractor shall abide by the statements made in the Contract Statement, Attachment "C" which is attached and incorporated into this Agreement. 8. This Agreement, or any interest therein, can not be assigned in whole or in part by the Herald to any other party unless mutually agreed upon by both parties. P & R Contracts Yakima Herald 1 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 the 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. 10. If the City fails to comply with the terms and conditions of this Agreement, the Contractor 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 1993 Winter/Spring 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 or any portion is held invalid, the remainder of the Agreement shall remain in force. YAKIMA HERALD -REPUBLIC 114 No. 4th Street Yakima, WA 98901 rized Signature CITY OF YAKIMA 129 No. 2nd Street Yakima, WA 98901 (/ fl Date / D- f City Manager Date ATTEST: City Clerk City of Yakima 129 No. 2nd Street Yakima, WA 98901 (509) 575-6020 P & R Contracts Yakima Herald 2 ATTACHMENT "A" AREAS OF RESPONSIBILITIES: 1. The City of Yakima Parks and Recreation Division shall: A. Provide a camera-ready copy of the 1993 Winter/Spring Program Brochure Ad to the Herald on or before December 21, 1992. B. Provide a camera-ready copy of the 1993 Winter/Spring Program Brochure to the Herald on or before December 21, 1992. C. Provide a color -rendered copy of the 1993 Winter/Spring Program Brochure to the Herald on or before December 21, 1992. D. Give a minimum of forty-eight (48) hours notice of any changes to the 1993 Winter/Spring 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, December 27, 1992 - Yakima Herald Republic 2. Tuesday, December 29, 1992 - Yakima Herald Republic 3. Wednesday, December 30, 1992 - Yakima Herald Republic 4. Sunday, January 3, 1993 - Yakima Herald Republic C. Provide proofs to Parks and Recreation staff by December 28, 1992. D. Produce the 1993 Winter/Spring Program Brochure on a tabloid format. Estimated number of pages are: 16 or 28. E. Two (2) colors are to be provided on each page, one being used for text and the other 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 and Public Works Office on Monday, January 4, 1993. H. 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 January, 1993. Herald Republic Contract Page 4 ATTACHMENT "B" PAYMENT SCHEDULE: 1. The City of Yakima Parks and Recreation Division shall: A. Pay the Yakima Herald -Republic, Nine Thousand Three Hundred and Ninety Dollars ($9,390) and No Cents for a sixteen (16) page; Ten Thousand, Seven Hundred Fifty Dollars and No Cents ($10,750.00) for a twenty (20) page; Eleven Thousand, Seven Hundred Eighty -Two Dollars and No Cents ($11,782.00) for twenty-four (24) page or Thirteen Thousand Three Hundred ($13,300.00) for a twenty-eight (28) page 1993 Winter/Spring 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 1993 Winter/Spring Program Brochure on or before the 25th day of January, 1993. To be included in this invoice/billing are any service adjustments, additional fees and 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. P & R Contracts Yakima Herald 4 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 NEWSPAPER, INC. 114 North 4th Street Yakima, WA 98901 Tax I.D. Number/Social Security Number: 91-1332812 Check one: Individual Corporation Partnership Professional Service Corp Sole Proprietorship Authorized Signature: Date: / /f9/C'-- If you believe payments to yo 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. P & R Contracts