HomeMy WebLinkAboutAgreements/Contracts - BOCCK 19-063
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AGREEMENT FOR PAPER OF RECORD FOR LEGAL NOTICES AND OTHER PUBLICATION SERVICES
Effective July 1, 2019 through June 30, 2020
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."
WHEREAS, RCW Chapter 36.72 requires all County officers to cause all legal notices and delinquent tax
lists to be advertised in the official County newspaper designated by the County legislative authority; and,
WHEREAS, the aforesaid chapter requires the County legislative authority to let a contract to a legal
newspaper to serve as the official County newspaper; and,
WHEREAS, on April 1, 2019, the County legislative authority awarded the bid to The Columbia Basin Herald
for printing of legal notices; and,
WHEREAS, The Columbia Basin Herald is a legal newspaper and is qualified to perform printing services
as an official newspaper of Grant County, Washington;
NOW, THEREFORE, IT IS MUTUALLY AGREED AND UNDERSTOOD that for the purpose of providing
printing services as the official newspaper within the County, for the term hereinafter set out, the County
and The Contractor agree to the following terms and conditions:
A. Services and Consideration: Legal and Other Publications
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 in its
official newspaper. The publication of any such notices made in the official newspaper shall be made at
the rate of $5.00 per column inch, nine point solid matter, at a minimum of twice per week, in single
column format, based on six column publication, justified with hyphenation, no spaces between
paragraphs.
The Contractor agrees to comply with all conditions applicable to the 2019 bid as set forth in the bid
documents of March 26, 2019 as submitted by The Contractor.
B. Improperly 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 the
part 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.
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D. Non-discrimination in Employment Services
The parties hereto agree to abide by all Federal, State, and/or County laws prohibiting discrimination with
regard to employment services. If assignment and/or subcontracting have been approved pursuant to
Section E of this Agreement, said assignment or subcontract shall include appropriate safeguards against
discrimination in employment services and shall be binding upon each contractor and subcontractor. The
Contractor shall take such actions as may be required to ensure full compliance with this clause, including
sanctions for non-compliance.
E. Assignment and/or Subcontracting
The Contractor shall not assign or subcontract any portion of the services provided within the terms of
the Agreement without obtaining prior written approval of the County. All terms and conditions of the
Agreement shall apply to any approved subcontract or assignment related to this Agreement.
F. Relationship of the Parties
The parties intend that an independent Contractor/County relationship will be created by this Agreement.
The County is interested only in the results to be achieved. The implementation of services will lie solely
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 throughout the term of this Agreement.
G. Indemnification and Hold Harmless
The Contractorshall protect, defend, hold harmless, and indemnifythe Countyfrom and against all claims,
suits, actions, and judgments arising from negligent acts or omissions of The Contractor or approved
subcontractors, and the agents or employees of either in the performance of this Agreement.
The County agrees to indemnify, defend, and hold The Contractor, any approved subcontractors and
assigns and their respective affiliates, agents, employees, and officers, harmless from and again all claims,
suits, actions, and judgments arising out of or in connection with negligent acts or omissions of the County,
its agents, or employees in the performance of this agreement.
H. Severabiliri
If any term, 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 statutory provision of the
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, the provisions of the Agreement are
declared to be severable.
I. Modification
No change or addition to this Agreement shall be invalid or binding upon either party unless such change
or addition is in writing, executed by both parties.
J. Term and Renewal
This Agreement shall take effect as of July 1, 2019, and shall continue through lune 30, 2020.
K. 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.
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If The Contractor fails to comply fully with the terms and conditions of this Agreement, or whenever The
Contractor is unable to substantiate full compliance with the provisions of the Agreement, the County
may pursue such remedies as are legally available including, but not limited to, the suspension or
termination of this Agreement which suspension or termination shall be effective upon written
notification to The Contractor.
L. Venue Stipulation
This Agreement has 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 performance. Any action
in law, suit in equity, orotherjudicial proceeding forthe enforcement ofthis 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 full force and effect.
N. Billing Procedures
The Contractor shall provide an affidavit of legal publications; a print out 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 Contractorshall 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. All 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 expedited 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. The
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.
O. Procedure for Submitting Legal Advertising
The County will submit all legal notices via email in electronic format. The Contract will acknowledge
receipt and of the emailed ad and confirm that the file is usable, as promptly as practical.
P. Correction of Copy 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
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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 were 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 THEREOF, the said parties have hereunto caused their names to be affixed this day
of April, 2019. /�}
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DATED this d day of April, 2019
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
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Tom
Taylor, Chair
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Cin rter, Vice Ch it
Richard Stevens, Member
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Ca alyn Bess, P ish r
Kevin 1. McCr e
Civil Deputy Prosecuting Attorney
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