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HomeMy WebLinkAboutOfficial County Newspaper ContractCONTRACT FOR OFFICIAL COUNTY NEWSPAPER JULY 1, 2017 -JUNE 30, 2018 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. 2017 ~. NOW THEREFORE, in consideration ofthe 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 1,2017 and ending on June 30, 2018. 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 $8.73 per column inch (based on a 6 column format) for all legal notice printing. d . The County shall pay the Daily Record $7.62 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, 2017-June 30, 2018 Page 1 of4 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. RE CORDS . 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 RE QU IRED . 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 ofthe other party for any purpose, including responsibility for any federal or state tax, industrial insurance or Social Security liability, and employees ofthe Daily Record are not entitled to any benefits the County provides to County employees. 6 . INDEMNIFICATION 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, 2017-June 30, 2018 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 LAW 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 ofthe 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 4th day of April 2017. THE DAILY RECORD By: (}J ~~O~ Title: ~~ lJ.A.O.ifIfl<J lj---' ATTEST: Contract for Official County Newspaper July 1, 2017-June 30, 2018 KITTITAS COUNTY BOARD OF COMMISSIONERS Page 3 of4 Approved as to Form: Deputy Prosecutor Contract for Official County Newspaper July I, 2017-June 30, 2018 Page 4 of4 (04-May-17) Kittitas COllnty PI/blishing I LLC dba Daily Record ANn: Pam Shuart 401 Main Street Ellensburg, WA 98926 206-731-1272 Re: Name of Principal:Kittitas County Publishing I LLC dba Daily Record Name of Obllgee:Kittitas County Board of County Commissioners Type of Bond:Miscellaneous Contracts Bond Number: 08745697 Wells Fargo Insurance Services USA, Inc. CA 001 # 0008408 999 Third Avenue Suite 4100 Seattle, WA 98104 Tel: 2067311200 Fax: 2067311209 Toll Free: 888 785 2878 In accordance with the renewal terms ofthe above bond, a new bond is required by the Obligee. Please check the attached documents carefully. If signatures are required, an authorized individual ofthe Principal should sign where indicated, and file it with the Obligee prior to the renewal date. Should you have any questions, please do not hesitate to contact us. Thank you. Sincerely, Jamie Stroh Surety Account Executive enclosures Together we'll go far 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 ofthe 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 St8te of Maryland (herein collectively called the "Companies"), by MICHAEL BOND, Vice President. in pursuance of authority grlll}ted by Arlicl~ V, Section 8, oflhe 'By-Law s of said Companies, which are sel forth on 1he rCverse side hereof and are hereby certified 10 be in full force and effect on the dnle hereof. do her eby nominate, constitute, and appoint Iuthleen M. MITCHELL, Debbie LINDSTROM, John DRUMMEY, JR., Scott C. ALDERMAN, Timothy s. BUHITE. Simone Rae FREDERICK, Peg~ A. FffiTB, Brandl HEINBAUGH and Jamie STROH, all of Seattle, Washington, EACH irs lrucruld luwflll agchl end Attorn ey-In-Pact, to mak e, execute, seal and deliver, for, and on its behalf as su rety, and as its act and deed: Any and all bonds Rnd undertaking,s. and the execulion of su.ch bonds or undertakings in pursuance of these presents. shall be as binding UpOD said Companies, as fully and amply, to all intems and purposes, as if they oad been duly c)Scculed and acknowledged by UIC regularly elected officers of the ZURICH AMERICAN INSURANCE COMPI6.NY at Its office in New York, New York ., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owin gs Mills, MRryland ., and th e regularly elected officers ofthe FIDELiTY AND DEPOSIT COMPANY OF MARYLAND at its offiee in Owings Mills, Maryland., in their own proper persons. The said VIce Pre/iitient does hereby certify (ha! the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Laws 'ofSllid Companies, and is DOW 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 17th day of March, A.D. 2017. Secretary Michael McKibben Stote of Maryland County of Baltimore ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OJ<' MARYLAND Vice President Michael Band On this 17th day of March, A.D. 2017, before the subscriber, a Nol8l)' Public of the Slate of Maryland, duly commissioned III1d qualified, MICHAEL BOND, Vl.ce rruldtnt, Rnd MICHAEL MCKlDBEN, St.r:.retary, of th e Contpnnies, lO me perSonnlly kno\vn \0 be llie indivldlltllS .8nd o.ffi~rs described in and wlio exeoored (he P~diDg inslRlIncnl , and ocimowledged the execution of semel, and being by rno duly sworn . deposeth and saiU!, that he/she is rJle sold officer of th., Compauy afortsnid, end thlll tho seals affixed 10 the preceding in.strumental"G · UIO CorpornlC Seals of said Companies, and that the sold Corporute Seals and the signature as such officerwero dul~ uffixed alld ~ubsoribtd 10 thc.said inslrument by the 8uthQrity und direc~iol\ oflhc said ·CorpOrtll lons. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Maria D. Adamski, NOl8l)' Public My Commission Expires: July 8,2019 POA-F 180-0453 ~\\\I~IIIIII/I'~ c,"~I,\I •• ",rI14~ ;: .~ItQ)Xq~. $'% "~" f~. , ~~ (fhltt; ;,! (,(,:'ltlfiWi~~~~ 11111111\1\' 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 unto Kittitas County Board of County Commissioners 205 West 5th 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 whloh we bind ourselves, our legal representative, successors and assigns, jOintly and severally, nnnly by these presents. WHEREAS, Principal has entered Into a contract with Obligee, dated for Official C.ounty 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, 2017 through June 30, 2018. copy of which contract Is by reference made 8 part hereof. NOW, THEREFORE, If Prlnolpal shall faIthfully perform such contract or shall Indemnify and SBve hannl.1S the Obligee from all coat and damage by reason of Prlnclpars failUre so to do. then this obligation shall be null and void; otherwiH It .hall remain In full force and effect. Slgned, sealed, and dated May 4, 2017 Kitt itas County Publishing I LLC dba Dally Re co rd (Seal) . (Principal) By ("1) '))/VI'JA -'!/~ ____ -::-:--~::__---_ (Seal) (Principal)