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HomeMy WebLinkAboutAgreements/Contracts - BOCCK20-059 AGREEMENT FOR PAPER OF RECORD FOR LEGAL NOTICES AND OTHER PUBLICATION SERVICES Effective July 1, 2020 through June 30, 2021 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 7, 2020, the County legislative authority awarded the bid to The Columbia Basin Herald for printing 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 print 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 $5.50 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 2020 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. D. Nondiscrimination 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 ensure full compliance with this clause, including sanctions for non-compliance. E. Assi nment 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 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 agents or employees in the performance of this agreement. H. Severability If any term, provision, covenant, or condition of this Agreement shalt 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, 2020, and shall continue through June 30, 2021. 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. If The Contractor fails to comply fully with the terns 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 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 full force and effect. N. Billing Procedwres 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 fust 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 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. 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. 0. 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 ofCopy 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 WiT;NTSS THIN"',/,2020. EOF, the said parties have hereunto caused their names to be affixed this _q_� day of r , 2020. DATED this day of ol, -,�z BOARD OF COUNTY COMMISSIONERS 'VT COUNT 1 Cmd CartChairman ----- —� Tom lor, Vice Chair Richard Stevens, Member CO BIA. BA f NERAL t Caralyn Bess, Sher Is Kevin J. McCrae Kevin J. McCrae, WSBA #43087 Civil Deputy Prosecuting Attorney