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HomeMy WebLinkAboutFully Executed ContractBOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASIIINGTON RESOLUTION NO.: 2026- 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 WHEREAS: Sealed bids were opened on March 26,2026, at2:00 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, "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 1,2026, through June 30, 2027, attached as Exhibit A. ADOPTED this 7th day of April2026. BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON C Vice-Chairman EST: CLERK OF THE BOARD n' Cor L), 7 tt SI/L Julie A. Kj Commissioner CONTRACT FOR OFFICIAL COUNTY I\EWSPAPER JULY 1,2026 -JUNE 30,2027 THIS AGREEMENT is made by and between KITTITAS COUNTY ("County") and the DAILY R-ECORD. WHEREAS: Pursuant to RCW 36.72175, the County advertised for bid proposals from interested qualified legal newspapers to serve as the official county newspaper for the term of one year; and WHEREAS: The Daily Record and the Northern Kittitas County Tribune are both legal newspapers published in Kittitas County, Washington, and submitted bid proposals; 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 lowest responsive bidder and was awarded the contract in Kittitas County Resolution No. 2026- NOW THEREFORE, in consideration of the terms and conditions set forth below, the parties agree as follows: SE AND SERVICES TO 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, 2026, and ending on June 30,2027. 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, which the County shall furnish, to be advertised in the Daily Record. The County shall pay the Daily Record $9.00 per column inch for the first insertion date and $9.00 per column inch for subsequent insertions of the same legal notice for all legal notice printing. d.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: b c. l.The Daily Record shall promptly publish the notices furnished by the County in accord with the County's instructions. Contract for Official County Newspaper July 1, 2026 - Jtne 30,2027 Page I of3 2 11.Without further cost, the Daily Record shall fumish 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. 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 Agteement, including but not limited to those governing legal publications found at Chapters 36.72 and 65.16 RCW. 4. BOND REOUIRED. The Daily Record shall furnish 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 OF THE P 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 pu{pose, 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 HOI,D 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 Agteement 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, losses or suits including attorney 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, 2026 - J:urlie 30,2027 Page 2 of 3 a. b 7. GOVERNING LAW AND VENUE. This Agreement shall be governed by the laws of the State of Washington, and venue shall be in Kittitas County, Washington. 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. 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. This Agreement contains all the terms and conditions agteed 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 7th day of April2026. DAILY RECORD KITTITAS COUNTY BOARD OF COMMISSIONERS By: Title I C\c-rk-o nitf rrat(on Vice-Chairman Commissioner Approved as to Form:ATTEST: Deputy Prosecutor of the Board Contract for Official County Newspaper July 1, 2026 - June30,2027 a. b. 8 9 Kj SE.AL nLyQ,u Page 3 of3