HomeMy WebLinkAboutRes-2022-087 NewspaperBOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RE,SOI UTION
NO.: 2022 - Og '+
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 RCW 36.72.075; and,
Sealed bids were opened on March 25,2022, at 12:00 p.m. in the Kittitas
County 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, 'oThe 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 publiiation of
notices the widest publicity"; and
Now, THEREFORE BE IT RESOLVED: That the Kinitas county Board of
Commissioners hereby awards the contract for designation of Official County Newspaper
to the Daily Record for the term July I,2022,through June 30, 2023,for the following
bid quote:
Legal Advertising - Based on a 6-column format: $9.00 per column inch.
ADOPTED this 5th day of April2022.
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY , WASHINGTON
WHEREAS:
".1\$:!.eet[,(1.----'t""j^=- -, "(?
.ai €&.{E:*,
%**tt-t-RfTHEB'ARD
right,
Julie A. Kjorsvik
mith, Commissioner
CONTRACT FOR OFFICIAL COUNTY NEWSPAPER
JULY 1,2022 _JUNE 30,2023
THIS AGREEMENT is made by and between KITTITAS COUNTY ("Counry',) and theDAILY RECORD.
WHEREAS: Pursuant to RCW 36.72.075,1he County advertised for bid proposals from
interested qualified legal newspapers to serve as the official county newspaper foitfte 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 publiJation
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.2022-ffiT .
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 theDaily Record to serve as the official county newspaper of Kittitas County ior the term of one
year, beginning on July I ,2022, and ending on June 30,2023.
a. The County enters into this Agreement pursuant to the authority of RCW 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 inthe Daily Record.
c. The County shall pay the Daily Record $9.00 per column inch (based on a 6 column
format) for all legal notice printing.
d. In consideration of the County awarding this contract to the Daily Record to serye as
the official county newspaper, the Daily Record will do the following:
i- The Daily Record shall promptly publish the notices furnished by the County in
accord with the County's instructions.
ii. Without further cost, the Daily Record shall furnish the required number of
Affrdavits of Publication to all county officers who submii legal notices,
Contract for Official County Newspaper
July l, 2022 - June30,2023 page I of3
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 inipection 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.
aJ 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,
6s.16 RCW.
4 BOND REQUIRED. The Daily Record shall fumish a Performance Bond in the sum of Ten
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 S
The parties are independent entities organized under the laws of the State of
Washington operating pursuant to the terms and conditions of this Agreement.
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 theCounty
provides to County employees.
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 oi
entering into this Agreement except as expressly provided herein.
b. The Daily Record shall indemnifr, defend and hold harmless Kittitas County, its
officers, officials, employees and volunteers from any and all claims, injuries, damages,
losses or suits including attomey fees and costs, including but not limited to any
obligations to pay or 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.
Contract for Official County Newspaper
July 1,2022 - Iune30,2023
a.
b
6.
Page 2 of3
By
7
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 unenforceabiiity, 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 oithis
Agreement shall be deemed to exist or to bind any of the parties hereto.
Dated this 5th day of April2022.
THE DAILY RECORD KITTITAS COUNTY
BOARD OF COMMISSIONERS
Title
Vice
Brett Commissioner
Approved as to Form:ATTEST:
Deputy Prosecutor vik,of the Board
Contract for Official County Newspaper
July 1, 2022 - June.30,2023 Page 3 of3
PERFORMANCE BOND
Annual Form
Travelers Casualty and Surety Gompany of America
Hartford, CT 06183
Bond No. lo6r8sg9o
KNOW ALL BY THESE PRESENTS, That we as Principal,
E0d Travelers Casualtv aud surety company of Amerlca .... .. . , of couecticut , authorized to do business in the
State of Wasllneton , as Surety, are held and firmly bound unto Kitdtas Countv, Washtngton . .. .,as Obligee, in the maximum penal sum of Ten Thousrnd and No/I00 ---------------------------------.---------------------------------.::-::::*---Dollars (-S10.,0-0.0.90 :::-: -*-), lawful money of the United States of America, for which payment well and truly to be made
we bind ourselves, our heirs, executors and assigns, jointly and severally, firmly by this Bond.
WHEREAS, the Principal has entered, or is about
accordance with the terms and conditions of the
to enler, into a written agreement
f|fflclrl fnnnrw Npwrnonor Pocah,+inn
with the Obligee to perform in
2nt q-n66
(hereinafter
referred to as the Contract), said Contract is hereby referred to and made a part hereof;
NOW, THEREFORE, the condition of this obligation is such that if the abovo named Principal, its successors and assigns,
shall well and truly perform its obligations as set forth in the above mentioned Contract, then this Bond shall be void;
otherwise to remain in full force and effect pursuant to its terms.
Notwithstanding anything to the contrary in the Contract, the Bond is subject to the following express conditions:
1. Whereas, the Obligee has agreed to accept this Bond, this Bond shall be effective for the definite period ofJulvl.202l to June30.2022 .. TheBondmaybeextended,atthesoleoptionoftheSurety,
by continuation certificate for additional periods from the expiry date hereof. However, neither: (a) the Suretfs
decision not to issue a continuation certificate, nor (b) the failure or inability of the Principal to file a replacement bond
or other security in tho event the Surety exercises its right to not renew this Bond, shall itsetf constitute a loss to the
Obligee recoverable under this Bond or any extension thereof.
2. The above referenced Contract has a term ending
Bond is in force or the number of continuation
.lune 30- 2022 Regardloss of the number of years this
certificates issued, this Bond shall not bo extonded beyond
unless earlier nonrenewed pursuant to paragraph 1 above,70r',
3. No claim, action, suit or proceeding, except as hereinafier set forth, shall be had or maintained against the Surety on
this instrument unless such claim, action, suit or proceeding is brought or instituted upon the Suiety within one year
from termination or expiration of the bond term.
4. Regardless of the number of years this Bond is in force or the number of continuation certificates issued, the liability of
the $urety shall nol be cumulative in amounts from period to period and shall in no event exceed the amount set forth
above, or as amended by rider.
5, Any notice, demand, certification or request for payment, made under this Bond shall be made in writing to the Surety
at the address specified below. Any demand or request for payment must be made prior to the expiry date of thii
Bond.
Surety Address Trevplcrs (llsrrqlfw qnd Srrvpfv Comnnnv of Amerlcn
One'f'orver Snrrnvn
Iforffnvl fvT n(1fla
Attn Bond Claim
6.lf any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this Bond and
as described in the underlying Contract, then the terms of this Bond shall prevail.
SIGNED, SEALED AND DATED this znlr day of .2-01r.
Principal
s-5025d (06-06)
By
Daily Record
and Company of
ey-in-Fact
.-
TRAVELERSJ
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casually and Surety Company of America, Travelers Casualty and Surety Company, and St.
Paul Flro and Marine lnsurance Company are corporalions duly organized under the laws of tho State of Connecticut (herein collectively called the
"Companies"), and that the Companies do hereby make, constituto and appolnt Jennlfer Winters of Lubbock
Texas , their hue and lawful Attomey-ln-Fact to slgn, execute, seal and acknowledgo any and all bond$, recognizances,
conditlonal undertakings and other writings obligatory in the nature thereof on behalf of the Companies in lheir buslnoss of guarantoelng tho
lid€lity of p6rsons, guaranteeing the performance of contracts and executing or guaranleelng bonds and undertakings required or permiited in any
actions or proceedlngs allowed by law.
lN WTNESS WHEREoF, the Companies have caused this instrumenl to be $igned, and their corporate seals lo be hereto afiixed, this 'l7th day of January,
2015.
State of Connecticut
City of Hartford ss.Vlce Fresldent
On thls the 17th day of January, 2019, b€fore me personally appeared Robort L. Ranoy, who acknowledged himself to be tho Sanior Vice President
of Travelers Casually and Surely Company of America, Travelers Casualty and Sur€ty Company, and St. Paul Flre and Marin€ lnsursnco Company, and
that he, as such, being authorized so to do, execut€d the foregolng inskument ior the purposes lherein conlalned by slgning on behalf of said
Companles by hlrnself ae a duly authorlzed offlcor.
lN WITNESS WHEREOF, I hereunto set my hand and offlcial seal
My Commlsslon expires the 30th day of June, 2021
Anna P. Nowik, Notary Public
This Power of Atlorney is granted under and by tho authority of the following resolutions adopled by tho Boards of Directors of Travelers Casualty and
Surety Company of Amorica, Travelors Casualty and Surety Company, and St. Paul Flro and Marlne lnsurance Company, which resolulions are now in full
force and effect, readlng as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executlve Vlce President, any Sonlor Vlco Presldent, any Vice President, any
Socond Vlce Presidenl, the Trea$ur€r, any Assistant Troasurer, the Corporate Secrelary or any Assistant Secretary may appolnt Attorneys-in-Fact and
Ag€nts to act for and on behalf of the Company and may glve such appoinlee $uch authorily as hls or her certlftcate of authority may pr€scribo 10 sign
with the Company's namo and seal wlth the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in tho nalure of a
bond, recognlzance, or conditional undertaking, and any ofsaid offlcers orthe Board ofDirectors at any time may remove any such appointee and revoke
the power given hlm or her; and lt ls
FURTHER RESOLVED, that lhe Chairman, the Prosident, any Vce Chairman, any Execullve Vlco President, any Senior Vlce Presldenl or any VIce
President may delegate all or any part of the foregolng authority lo one or more ofllcors or employees of this Company, provided that each such
delegatlon ls ln wrltlng and a copy thereof is filed ln the offlce of tho Socretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of lndemnity, or wrltlng obligatory in the nature of a bond, recognizance, or conditional
uhderlaklng shalt be valid and binding upon the Company when (a) slgned by the Presldent, arry Vlce Chalrman, any Executlve Vice President, any
Senior Vice Presldent or any Vice Presid€nt, any Socond Vlce President, lhe Trca$urer, any Assislant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed wlth the Company'$ seal by a Secr€lary or Assistant Secretary; or (b) duly executed (under seal, lf
required) by ono or more Attorneys-in-Fact and Agents pursuant to tho power prescrlbed ln hls or her certlflcate or their certificates of authority or by one
or more Company officers pursuant to I written delegation of authority; and lt ls
FURTHER RESOLVED, that the signature of each of the following oflicers: President, any Executfue Vice Presldent, any Senior Vice Presideni, any Vice
Prestdenl, any Assistant Vice Presldent, any Secretary, any Assistant Secretary, and the seal of the Company may be afiixed by facsimile to any Power of
Atlorney or lo any certificale r€lating thereto appolnling Resident Vice Presldenls, Resldent Asslstant Seorelaries or Attorneys-in-Facl for purposes only of
execuiing snd altestlng bonds and undertaklngs and otherwriting$ obligatory in th€ naturo thereof, and any such PowerofAttorney or certllicate bearing
such facsimil€ signature or facsimile seal shall be valld and binding upon tho Company and any such powor so executed and certltied by such facsimile
signaturo and facsimile seal shall be valld and blndlng on the Company in the future with resp€ct to any bond or understanding to which it is attached.
l, Kevln E. Hughes, the undersigned, Assistant Secretary of Travolors Gasually and Surety Company of America, Travelers Casualty and Surety
Company, ancl St. Paul Fire and Marlne ln$urance Company, do hereby certifo that the above and foregoing is a true and correct copy of lho Power of
Attorney executed by said Companles, which remalns in full force and effect.
Dated this 28th day ol June 2021
By:
L.
h
t*. { /4.4^-- lKevln E Hughes, Assi$tant Secretary
To verlly the authanticity of thls Powar ofAttorney, please call us at 7'800-427-3880,
Please refer to the above-named Altomey-ln-Factand the detalls of the bond to which this Powerof Attorney is dttached,
ril{t$t*rt
€J
Gallagher
tnsumnce I Rirk Manaoement I Consultins
June 30,2021
Daily Record
Attn: Mr. Josh Crawford
401N. Main Street
Ellensburg, WA 98926-3 I 07
Six Desta Dr,Ste, 5900 W- 432.570.3456
lv1ldland,TX79705 F- 432.570.3450
Unltedstates aiq.com
Via: UPS
#17,4F54440197961751
RE: Bond No. 106185890 - Kittitas County, Washington
Official County Newspaper Performance Bond
Renewal Date: July 1, 202t - June 30' 2022
Dear Josh,
We are happy to advise that Travelers Casualty & Surety Company of America has renewed the
above referenced bond. Enclosed please find one original and one copy ofthe renewal bond bond'
Please have the original bond signed by an officer/authorized representative prior to filing with the
County. Should you have any questions, ol if you would like to make any changes, please feel free to
give us a call.
The annual premium for this $10,000 bond is $100 and you will find our renewal invoice enclosed.
Included in this premium is our commission of 2A% that compensates us for the placement and
servicing of your bond. Please have the invoice placed in line for payment.
Bond forms vary widely with respect to cancellation provisions. Please refer to your particular bond
form for specific provisions and contact us with any questions, Be advised that the surety company
may amend or withdraw surety credit at any time based, for example, upon financial results or other
significant events. Please let us know if you have questions in this regard. A copy of the Guide to
Best's Rating and Important Disclosures including Compensation Disclosure are attached for your
reference.
We want to thank you for your decision to continue youlsurety bond program with our agency. Your
ssrvice team at Arthur J. Gallagher Risk Management Services, Inc, will make every effort to meet
your bonding service expectations.
Jennifer Winters
Surety Client Service Executive
Enclosure: Renewal Bond & Copy (for yow file)
Important Disclosures & A.M. Best Rating
Invoice # 3905042
lmportant Disclosures
IMPORTANT: The proposal and/or any executive summaries outline certain terms and conditions of the
surety program proposed by the insurers, based on the information provided by your company. We make no
warranties with respect to policy limits or coverage considerations of the carrier.
Compensation Disclosure
1. Gallagher Companies are primarily compensated from the usual and customary commissions, fees or,
where permitted, a combination of both, for brokerage and servicing of insurance policies, annuity
contracts, guarantee contracts and surety bonds (collectively "insurance coverages") handled for a
client's account, which may vary based on market conditions and the insurance product placed for
the client.
2. ln placing, renewing, consulting on or servicing your lnsurance coverages, Gallagher companies may
participate in contingent and supplemental commission arrangements with intermediaries and
insurance companies that provide for additional compensation if certain underwriting, profitability,
volume or retention goals are achieved. Such goals are typically based on the total amount of certain
insurance coverages placed by Gallagher with the insurance company, not on an individual policy
basis. As a result, Gallagher may be considered to have an incentive to place your insurance
coverages with a pafiicular insurance company. lf you do not wish to have your commercial
insurance placement included in consideration for additional compansation, contact your producer
or service team for an Opt-out form.
3. Gallagher Companies may receive investment income on fiduciary funds temporarily held by them,
or from obtaining or generating premium finance quotes, unless prohibited by law.
4. Gallagher Companies may also access or have an ownership interest in other facilities, including
wholesalers, reinsurance intermediaries, captive managers, underwriting managers and others that
act as intermediaries for both Gallagher and other brokers in the insurance marl<etplace some of
which may earn and retain customary brokerage commission and fees for their work.
lf you have specific questions about any compensation received by Gallagher and its affiliates in relation to
your insurance placements, please contact your Gallagher representative for more details,
ln the event you wish to register a formal cornplaint regarding compensation Gallagher receives from
insurers or third-parties, please contact Gallagher via e-mail at Compensation*Complaints@ajg.com or by
regular mail at:
Chief Compliance Officer
Ga llagher Global Brokerage
Arthur J, Gallagher & Co.
2850 Golf Rd,
Rolling Meadows, lL 60008
GRnRTER Rnlrues eruo AoutrrED $rerus
Proposed lnsurance Companies
A,M. Best's Rating &
Financial Size Category *Admitted/Non-Admltted **
Travelers Casualty & Surety
Company of America
A++ XV Admitted
*Gallagher companies use A.M. Best rated insurers and the rating listed above was verified on the date the
proposal document was created.
Best's Credit Ratingsw reproduced herein appear under license from A.M Best and do not constitute, either
expressly or impliedly, an endorsement of Gallagher's service or its recommendations. A.M. Best is not
responsible fortranscription errors made in presenting Best's Credit RatingsrM. Best's Credit RatingsrM are
proprietary and may not be reproduced or distributed without the express written permission of A,M. Best.
A Best's Financial Strength Rating is an independent opinion of an insurer's financial strength and ability to
meet its ongoing insurance policy and contract obligations, lt is not a warranty of a company's financial
strongth and ability to meet its obligations to policyholders. Best's Credit RatingsrM are under continuous
review and subject to change and/or affirmation. For the latest Best's Credit RatingsrM and Guide to Best's
Credit Ratings, visit the A.M. Best website at http://www.ambest.com/ratingji.
Gallagher companies make no representations and warranties concerning the solvency of any carrier, nor
does it make any representation or warranty concerning the rating of the carrier which may change.
Arthur J. Gallaghor Risk Management Services, lnc,
Six Deste Dr,, Ste, 5900
Midland, TX 79705
Phone: (432)570-3456 Fax: (432)570-3450
Daily Record
401 N. Main Street
Ellensburg, WA 98926
KARPAl
lnvoice # 3905042 1of 1
AUUUUN I NUMCFII IJA I I:
ADAMPUB-01 6t30n021
BAtANOts I]UE ON AMOUNT DUF
6t30t2021 $100,00
e)
Gallagher
lnsurance I Risk Mandgement I Consultlno
Contract/PerformanceBondPolhyNumber: 106185890
Itern # Trans Eff Date Due Dats
24237644 6130t2021 6t30t2021
Bond Amount: $10,000
Klftitas County, Washington
Official County Newspaper Bond
Resolution No.: 2019-066
Company: Travelars Casualty and Surety Co of Amsrlca
Trans Description
RENB Official County Newspaper
Total lnvoice Balance:
Eftecrlve: 6/30/2021 to 6t30t2022
Amount
$.100.00
$100'00
Please retutn this potllon wilh your payment. lnclude your lnvoice numbar on your remlltance to expedite processlng.
KARPAl
Daily Record
401 N, Main Street
Ellensburg, WA 98S26
Please send your remlttance to:
Arthur J. Gallagher Risk Management Services, lnc.
39683 Treasury Center
Chicago, lL 60694-9600 €)
Gallagher
lnsurance I Risk Managoment I consultlno
lnvoice #3905042
ADAMPUB-01 6t30t2021
6t30t2Q21 $100,00
AMUUN I }'AIU
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