HomeMy WebLinkAboutAgreements/Contracts - BOCCK2 2.-071
AGREEMEENT FOR PAPER OF RECORD FOR LVGAL NOTICES AND OTHER
PUBLICATION SERVICES
Effective July 1, 2022, through June 30, 2023
THIS AGREEMENT is made and entered into by and between Grant County, hereafter referred to as the
``County", and Hagadone News Network, dba The Columbia Basin Herald, hereinafter referred to as "The
Contractor.
XHEREAS, RCW Chapter 36.72 requires all County officers to cause all legal notice's and delinquent
tax lists to be advertised in the official County newspaper designated by the, County legislative authority;
and,
WHEREAS, the aforesaid chapter req i i
ures the County legislative authority to let a contract to a legal
newspaper to serve as the official County newspaper; and,
INHEREAS, on April 4, 2022, the County legislative authority awarded the bid to The Columba Basin
Herald for printing legal notices; and,
WHEREAS, The Columbia Basin Herald is a legal newspaper and is qualified toperform printing
services as an official newspaper of Grant County, Washington;
NO T111EREFORE, IT IS N[UTUAILLY AGREED AND UNDERSTOOD that for thepurpose of
providing print services as the official newspaper within the County, for the -term hereinafter set out, the
County and The Contractor agree to the follo
wing tem -is and conditions;
A. Services and Considerations, Le al and Other Publication.
The Contractor agrees to print, and the County agrees to submit all of the publications
. of the County of
every kind, and -nature whatsoever required by the laws of Washington State to have published shed in its
official. newspaper. The publication of any such notices made *in the official newspaper shall be made at
the rate of $5.50 per column inch, nine -point solid matter, at a mm"i'murn of twice per week in single
coltu= format, based on six column publication, justified with hyphenation, no spaces between.
paragraphso
Yhe Contractor agrees to comply with all conditions applicable to the 2022 bid as set forth in the bid
documents of March 28, 2022, as submitted by The Contractor.
B* Emproverly Published. Ads
The County will not pay for any ad which is improperly run, The Contractor agrees to re -publish, as
promptly as practical and at its own expense, any ad which was run improperly due to an error on thepart
of The Contractor.
C. Extent of Agreement
This Agreement contains all of the terms and conditions agreed upon by the parties hereto, The parties
agree that there are no other understandings, oral or otherwise, regarding the subject matter of the
Agreement.
VD. Non-disedmination in.EmiD12ywent Services FAPrKO EU
The parties hereto agree to abide by all Federal, State, and/or County laws probibiting discrinlimtion with
regard to employment services. If asslignt-nent and/or subcontract' have been approved pursuant to
Section E of this Agreement Ing n an
said assignment or subcontract shall include appropriate safeguards against
discrm=ation in employment services and shall be binding upon each contractor and subcontractor. The
Contractor shall take such actions as may be required ensure full compliance with this clauseincluding
sanctions for non-compliance. q
E. Assignment and/orSubcontractiLag
The Contractor shall not assign or subcontract any portion of the services provided within the terms
# of the
Agreement without obtainmig prior written aPproval of the County. All terms and conditions of the
Agreement shall apply to any approved subcontract or assignment related to the Agreement,
FIt Rela&nshij2 of theParties
The parties intend that an independent Contractor/County relationship will be created by this Agre' ent.
em
The County is interested only n, the results to be achieved. The implementation of services will he solely
n
with The Contractor. No agent, employee, servant, or representative of the County for any -purpose. The
Contractor will be solely and entirely responsible for its acts and the acts of its agents-, employees,
servants, subcontractors, or otherwise tbroughout the term of this Agreement.
G. Indemnification. and Hold flarmless
The Contractor shall protect, defend, hold harmless, and indemnify the County from and against all
claims, suits, actions, and judgments arising from negligent acts or omissions of The Contractor or
approved subcontractors, and the age)ats, or employees in the performance of this agreement.
He �everabiffih .v 0
If any tem -i, provision, covenant, or condition of this Agreement shall be held by a court of competent
jurisdiction to be invalid, void, or unenforceable, and/or in conflict with any statutorovi ry p ision 0 fthe
State of Washington, the remainder of the Agreement shall continue in full force and effect and shall in
no way be affected, impaired, or invalidated thereby. To this end, theprovis ons of the Agreement are
declared to be severable.
L Modification
No change or addition to this Agreement shall be invalid or binding upon eitherparty unless such change
or addition is in writing, executed by both parties.
J. Term and Renewal
The Agreement. shall take effect as of July 1, 2022, and shall continue tbrough June 30, 2023.
X
Termination.
If the County fails to comply with the terms and conditions of this agreement, The Contractor may pursue
such remedies as are legally available. If The Contractor fails to comply fUlly with the terms and
conditions of this Agreement, or whenever The Contractor is unable to substantiate fallcompliance with
the provisions of the Agreement, the County may pursue such remedies as are legally available =iluding,
but not limited to, the suspension or ternunation of this Agreement which suspension or termffiation. shall
be effective upon written notification, to The Contractor.
Venue SgRulation
This Agreementhas been and shall be construed as having been made and delivered with the State of
Washington, and it is mutually understood and agreed by each party hereto that this Agreement shall be
governed by the laws of the State of Washington, both as to interpretation and perfonnance. Any action inn
law, suit in equity or other judicial proceeding for the enforcement of this Agreement, or any provisions
thereof, shall be instituted and maintained only in the Courts of competent jurisdiction in Grant County,
Washington.
M. Non -Waiver of Breach
The failure of either party to insist upon strict performance of any of the covenants and agreements of the
Agreement or to exercise any option herein, conferred to any one or more instances shall not be construed
to be a waiver or relinquishment of any such covenants or agreements, but the same shall be and remain
in fall force and effect,
N. ]BOng Procedures
The Contractor shall provide an affidavit of legal publications; a printout of classified ads and display ad
tear sheets with an invoice within 15 days after the item is published. Each invoice shall be submitted and
supported, by documentation of the services actually performed 1) in the form of an affidavit of
publication when relating to legal notices, 2) a printout of classified ads which reference to the date of
publication, or 3) the display ad tear sheet.
The Contractor shall submit a monthly statement for reimbursement for all services provided for the, prior
calendar month within the, first five (5) business days of the month to the County Auditor. Each statement
shall invoice every publication service or advertisement by its legal number and/or a brief summary in
chronological order from the first day of the month to the last day. Ali payments shall be based upon
services provided, unless otherwise approved in. writing by the County. The County agrees to make
payment for services in. accordance with the County's customary procedures.
In order to expedite the processing of the
invoices and statements, and to preclude costly and unnecessary
'billing corrections, the County will provide, The Contractor with a comprehensive list of the departments
and the specific entities within each department to be covered by this contract. 71e Contractor will only
apply the rates agreed to in this contract to the entities specifically designated within each department by
the County. The County reserves the right to add entities throughout the year as necessary or created,
4
0. Procedure for Submitting Legal Advertis'
The County will submit all legal notices via email in electronic forn-iat. The Contract will acknowledge
receipt and of the emailed ad and conte that the file is usable, as promptly as practical.
P. Correction of Com and Non -Payment for Unauthorized Corrections
Each party agrees that The Contractor may make corrections to copy submitted by the County without
prior approval by the County so long as the intent and wording of the submission is not altered except to
gain consistency with the established printing standards of The Contractor. No payment shall be made for
any advertisement or publication service where substantial changes were made to the copy as submitted if
such changes are made without prior approval by the County and were made for any other reason than to
gain consistency with the established printing standards.
IN WITNESS TJJEREOF, the said parties have hereunto caused their names to be affixed this
day ofze�"
d,
DATED this day of , M
BOARD OF COLTNTY COMMISSIONERS
GRANT COUWY
Danny E. S ne, chairman
R.o J nes oe�h�
Cindy Carter, ;member
COLUMBIA BASIN ]HERAL
ti
Botlhivrdson, Publisher
Levin . McCrae, BA #43087
Prosecuting Attorney