HomeMy WebLinkAboutContract Official County NewspaperCONTRACT FOR OFFICIAL COUNTY NEWSPAPER
JULY 1,2016 -JUNE 30, 2017
THIS AGREEMENT is made by and between KITTITAS COUNTY ("County") and the
DAILY RECORD.
WHEREAS: Pursuant to RCW 36.72.075, the County advertised for bid proposals from
interested qualified legal newspapers to serve as the official county newspaper for the term of one year.
WHEREAS: The Daily Record is a legal newspaper published in Ellensburg, Kittitas County,
Washington and submitted a bid proposal; and
WHEREAS: The Daily Record was the best and lowest responsible bidder, while giving
consideration to the question of circulation in awarding the contract, with a view to giving publication
of notices the widest publicity; and
WHEREAS: The Daily Record has the widest publication for notices and was awarded the
contract in Kittitas County Resolution No. 2016-Otj-IP .
NOW THEREFORE, in consideration of the terms and conditions set forth below, the parties
AGREE AS FOLLOWS:
1. PURPOSE AND SERVICES TO BE PROVIDED. The purpose of this Agreement is for the
Daily Record to serve as the official county newspaper of Kittitas County for the term of one
year, beginning on July 1,2016 and ending on June 30, 2017.
a. The County enters into this Agreement pursuant to the authority ofRCW 36.01.010 and
36.72.075.
County officers shall cause all legal notices, delinquent tax lists and other publications,
b. which the County shall furnish, to be advertised in the Daily Record.
c. The County shall pay the Daily Record $8.65 per column inch (based on a 6 column
format) for all legal notice printing.
d. The County shall pay the Daily Record $7.55 per column inch (based on a 6 column
format) for display advertising.
e. In consideration of the County awarding this contract to the Daily Record to serve as the
official county newspaper, the Daily Record will do the following:
Contract for Official County Newspaper
July 1, 2016-June 30, 2017 Page 1 of 4
1. The Daily Record shall promptly publish the notices furnished by the County in
accord with the County's instructions.
11. Without further cost, the Daily Record shall furnish the required number of
Affidavits of Publication to all County officers who submit legal notices,
delinquent tax lists and other items for publication. The Affidavits shall be
furnished to the County officer no later than three (3) days before the date of
hearing set within the legal notice.
2. RECORDS. The Daily Record shall keep adequate records to reflect its publication services
rendered to the County, and such records shall be open to the County's inspection and audit.
Any documents provided to the County will become County property and thus public
information. To the extent required by law, such documents may be subject to public
disclosure requirements.
3. COMPLIANCE WITH LAWS. The Daily Record shall comply with all federal, state and local
laws, rules, regulations and ordinances applicable to the performance of this Agreement,
including but not limited to those governing legal publications found at chapters 36.72 and
65.16 RCW.
4. BOND REQUIRED. The Daily Record shall furnish a Performance Bond in the sum ofTen
Thousand Dollars ($10,000.00) for the faithful performance of this contract within Ten (10)
days after the date of notification of award.
5. RELATIONSHIP OF THE PARTIES.
a. The parties are independent entities organized under the laws of the State of Washington
operating pursuant to the terms and conditions of this Agreement.
b. No agent, employee, servant or representative of either party shall be deemed to be an
agent, employee, servant or representative of the other party for any purpose, including
responsibility for any federal or state tax, industrial insurance or Social Security
liability, and employees of the Daily Record are not entitled to any benefits the County
provides to County employees.
6. INDEMNIFICA TION AND HOLD HARMLESS.
a. The Daily Record will be solely responsible for its negligent or wrongful acts or failure
to act on the part of its agents, employees, servants, volunteers or representatives during
the performance of this Agreement. No liability shall attach to the County by reason of
entering into this Agreement except as expressly provided herein.
b. The Daily Record shall indemnifY, defend and hold harmless Kittitas County, its
officers, officials, employees and volunteers from any and all claims, injuries, damages,
Contract for Official County Newspaper
July 1, 20 16-June 30, 2017 Page 2 of4
losses or suits including attorney fees and costs, including but not limited to any
obligations to payor withhold federal or state taxes or contributions on behalf of the
Daily Record or the employees of the Daily Record, arising out of or resulting from the
activities undertaken by the Daily Record in meeting its obligations under this
Agreement.
7. GOVERNING LA W AND VENUE.
a. This Agreement shall be governed by the laws of the State of Washington, and venue
shall be in Kittitas County, Washington.
b. If any legal action or other proceeding is brought for enforcement of this Agreement, or
because of an alleged dispute, breach, default, or misrepresentation in connection with
any of the provisions of this Agreement, each party shall pay its own attorney fees and
costs incurred in that action, arbitration or proceeding.
8. SEVERABILITY. Any provision of this Agreement which is prohibited or unenforceable shall
be ineffective to the extent of such prohibition or unenforceability, without affecting the
validity or enforcement of the remaining provisions.
9. ENTIRE AGREEMENT. This Agreement contains all the terms and conditions agreed upon by
the parties. No other understandings, oral or otherwise, regarding the subject matter of this
Agreement shall be deemed to exist or to bind any of the parties hereto.
Dated this 5th day of April 2016.
THE DAILY RECORD
By: (]baMklCl ~
Title: ffA · M-Cl~tlL(1'{t'V
Contract for Official County Newspaper
July 1, 2016-June 30, 2017
KITTITAS COUNTY
BOARD OF COMMISSIONERS
Obie O'Brien, Chair
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Vq1A&1+-
Commissioner, Commissioner
Page 3 of 4
Approved as to Form:
Deputy Prosecutor
Contract for Official County Newspaper
July 1, 2016-June 30, 2017 Page 4 of 4
INSURANCE
Wells Fargo
Insurance Services USA, Inc .
CA DOl # OD08408
999 Third Avenue
Suite 4100
Seattle, WA 98104
Tel : 2067311200
Fax: 2067311209
MEMORANDUM
Pioneer Newspapers, Inc.
221 First Avenue West
Suite 405
Seattle, WA 98119
206-284-4424
4/12 /2 016
Bond
Principal Surety Bond # Amount Description
Kittitas County Publishing I LLC Fidelity & 08745 6 97 $10,000 .00 Official County Newspaper of
dba Daily Record Deposit Kittitas County. Resolution No.
2015-061
Please find enclosed the revised Renewal Bond as noted above. Please be sure to sign as Principal and review before
filing with the Obligee.
Should you have any questions or need anything further regarding these items, please give me a call @ 206-731-1214.
Have a great day!
Imone redepck
Account Representative
Surety Services
Direct: (206) 731-1214
Fax: (206) 731-1209
E-mail: simone.r.frederick@wellsfargo.com
This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is deerrf ~\!>~Jet:.I:lEg.~~~qo
privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the
are hereby notified that any dissemination, distribution or copying of this communication or the information
prohibited. If you have received this communication in error, please notify us immediately by telephone and
us at the above address via the U.S . Postal Service . Thank you.
Bond No. 08745697
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That we Kittitas County Publishing I LLC dba Daily Record
401 Main Street Ellensburg WA 98926 , Principal,
and Fidelity and Deposit Company of Maryland , Surety, are held and firmly bound
unt~o~~~rM(ounty Board of County Commissioners
Avenue , Suite 108 Ellensburg WA 98926, Obligee,
in the sum of Ten Thousand Dollars and 00/100
Dollars ($ 10,000.00 )
for the payment of which we bind ourselves, our legal representative, successors and assigns, jOintly and
severally, firmly by these presents.
WHEREAS, Principal has entered Into a contract with Obligee, dated
for Official County Newspaper of Kittitas County. Resolution No . 2015-061 : The Daily Record will faithfully
perform the terms of the awarded contract for the term of July 1, 2016 through June 30, 2017.
copy of which contract Is by reference made a part hereof.
NOW, THEREFORE, if Princlpal shall faithfully perform such contract or shall Indemnify and save
harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation
shall be null and void; otherwise It thall remain in full force and effect.
Signed, sealed, and dated
April 7, 2016
Kittitas County Publishing I LLC dba Daily Record (Seal)
(Principal)
____ """'"""':'::~-:--~ ___ -(Seal)
(Principal)
Fidelity and Deposit Company of Mai.1..\Ui!tHtt-.......
By ~~~~~~~~~~~. ___
Attornay·tn~Fact
Surety Phone No. 206-73 i -1200
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said
Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby
nominate, constitute, and appoint Kathleen M. MITCHELL, Debbie LINDSTROM, John DRUMMEY, JR., Scott ALDERMAN,
Timothy S. BUHITE and Simone R. FREDERICK, all of Seattle, Washington, EACH its true and lawful agent and Attorney-in-Fact,
to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the
execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all
intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN
INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By-Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed hislher names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 26th day of August, A.D. 2015.
Secretary
Michael McKibben
State of Maryland
County of Baltimore
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Vice President
Thomas O. McClellan
On this 26th day of August, A.D. 2015, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS O.
MCCLELLAN, Vice President, and MICHAEL MCKIBBEN, Secretary, of the Companies, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that
he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that
the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
Maria D. Adamski, Notary Public
My Commission Expires: July 8, 2019
POA-F 180-0453
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of
the By-Laws ofthe Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company ."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this ~ day of lD$?rl' , 20 I w .
Gerald F. Haley, Vice President