HomeMy WebLinkAboutR-1993-025 Herald Republic Summer Brochure•
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RESOLUTION NO. R-93 2 5
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 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 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 to execute the attached 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 of the City of Yakima are
hereby authorized and directed to execute the attached and
incorporated "Agreement between the City of Yakima and Yakima
Herald -Republic" together with attachments
ADOPTED BY THE CITY COUNCIL this day
of April, 1993.
ATTEST
CITY CLERK
1993 AGREEMENT
BETWEEN THE CITY OF YAKIMA AND
THE YAKIMA HERALD REPUBLIC
This Agreement is made and entered into the /(/'day of ,1993, 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 the Herald to provide specialized printing and
distribution skills to facilitate the 1993 Summer 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 Summer Program Brochure. The printing and distribution of the 1993
Summer Program Brochure shall be on Tuesday, May 18.
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 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.
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, cannot be assigned in whole or in part by the
HERALD to any other party unless mutually agreed upon by both parties.
Herald Republic Contract
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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.
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 printing and distribution of the 1993 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 appropnate 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:
114 North 4th Street
• Yakima, Washington 98901
orized Signa
ITY OF YAKIMA
129 North 2nd Street
Yakima, WA 98901
City Manager
A 1`1 EST
City Clerk
CITY COT°4CT !"J
Herald Republic Contract
Page 2
4)3
5
City of Yakima
129 North 2nd Street
Yakima, Washington 98901
(509) 575-6020
D
23/ /953
Date
ATTACHMENT "A"
• AREAS OF RESPONSIBILITIES:
1 The City of Yakima Parks and Recreation Division shall:
A Provide a camera-ready copy of the 1993 Summer Program Brochure Ad to the Herald
on or before May 4, 1993
B Provide a camera-ready copy of the 1993 Summer Program Brochure to the Herald on or
before May 7, 1993
C Provide a color rendered copy of the 1993 Summer Program Brochure to the Herald on
or before May 4, 1993
D Give a minimum of forty-eight (48) hours notice of any changes to the 1993 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 Tuesday, May 11 - Yakima Herald Republic, Extra Section
2 Wednesday, May 12 - Yakima Herald Republic, Food Section
3 Friday, May 14 - Yakima Herald Republic, Entertainment Section
4 Sunday, May 16, 1993 - Yakima Herald Republic Valley Life or Local Selection
C Provide proofs and color separations to Parks and Recreation staff by May 14, 1993.
D Produce the 1993 Summer Program Brochure on a tabloid format. Estimated number of
pages are 20-28.
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, May 17, 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 June,
1993
Herald Republic Contract
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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 and No Cents ($9,390.00) 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 a twenty-four (24) page; or Thirteen Thousand Three
Hundred and No Cents ($13,300.00) for a twenty-eight (29) page 1993
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 1993 Summer
Program Brochure on or before the 25th day of June, 1993. To be included
in this invoice/billing are any service adjustments, additional fees and
charges, and their reconciliation. The City has the right to 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
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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 HERALD -REPUBLIC, INC.
ADDRESS 114 North 4th Street
Yakima, WA. 98901
Tax I.D Number/
Social Security No.
Check one:
Authorized Signat
91-1539864
6.&
Individual
Corporation
Partnership
Professional Service Corp.
Sole Proprietorship
Dated. 4-16
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
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