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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