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
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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)