HomeMy WebLinkAboutRes-2018-061BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION
NO.: 2018-OW I
TO AWARD A CONTRACT FOR THE OFFICIAL COUNTY NEWSPAPER
-DAILY RECORD-
WHEREAS: Bids for designation of contract of the Official County Newspaper were
called for and advertised in accordance-with ReW 36.72.075; and
WHEREAS: e'aJed bid were opened on March 23,2018 at 12:00 p.m. in the Kittitas
OLluty Courthouse 205 West 5th Avenue, Room 108, Ellensburg,
Washington; and
WHEREAS: Two bids were received from the Daily Record and the Northern Kittitas
County Tribune; and
WHEREAS: RCW 36.72.075 mandates that if the County has two or more qualified
newspapers, "The county legislative authority shall let the contract to the
best and lowest responsible bidder, giving consideration to the question or
circulation in awarding the contract, with a view to giving publication of
notices the widest publicity"; and
NOW, THEREFORE BE IT RESOLVED: That the Kittitas County Board of
Commissioners hereby awards the contract for designation of Official County Newspaper
to the Daily Record for the term July 1,2018 through June 30, 2019 for the following bid
quote:
Legal Advertising -Based on a 6 column format: $8.73 per column inch.
Display Advertising -Based on a 6 column format: $7.62 per column inch.
ADOPTED this 3rd day of April 2018.
BOARD OF COUNTY COMMISSIONERS
IT A UNTY, WASHINGTON
\4ee..Chairman
Obie O'Brien, '(;ommi&&i&n
~Q0d ~I /~-rn ,c ,
Uiie A. Kjorsvik
CONTRACT FOR OFFICIAL COUNTY NEWSPAPER
JULY 1,2018 -JUNE 30, 2019
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. 2018-oW l.
NOW THEREFORE, in consideration of the terms and conditions set forth below, the parties
AGREE AS FOLLOWS:
1. PURPOSE AND SERVICES VIDE D. 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 1,2018 and ending on June 30, 2019.
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, 20 IS-June 30, 2019 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. REC RDS . 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 REQU rRED. 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. 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, 2018-June 30, 2019 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 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 3rd day of April 2018.
THE DAILY RECORD
By: cJbOAAAlltt )l\Af);~
Contract for Official County Newspaper
July 1, 2018-June 30, 2019
KITTITAS COUNTY
BOARD OF COMMISSIONERS
~ChIDr
Ob' ;Vice Chair
Page 3 of4
Approved as to Form:
Deputy Prosecutor
Contract for Official County Newspaper
July 1, 20IS-June 30, 2019 Page 4 of4