HomeMy WebLinkAboutOshkosh Northwestern 5/17/1985 AGREEMENT
THIS AGREEMENT made and entered into this 17th day of May,
1985, by and between OSHKOSH NORTHWESTERN COMPANY , Oshkosh,
Wisconsin 54901 party of the first part, and the CITY OF OSHKOSH,
a municipal corporation located in Winnebago County, Wisconsin,
hereinafter referred to as the "City", and party of the second
part .
WITNESSETH:
WHEREAS, the Common Council of the City of Oshkosh by reso-
luton duly adopted on the 16th day of May, 1985, accepted the bid
of the first party and authorized and directed the proper City
officials to enter into an agreement with the party of the first
part for:
printing of City' s advertising, publication of Council
Proceedings & other matters for the ensuing year
according to the specifications and bid for same on file in the
office of the City Clerk.
NOW, THEREFORE, pursuant to said resolution of the Common
Council of the City of Oshkosh, the parties hereto agree as
follows:
1. That the party of the first part will furnish same to the
City, all in accordance with the specifications and bid on file in
the office of the City Clerk.
2. That no assignment of this agreement or of any rights
thereunder by said party of the first part, shall be valid with-out
the written consent of the City; and that this document including
the specifications and bid, constitutes the entire agreement be-
tween the parties hereto and that any understanding either oral or
written, not a pat. ,: hereof shall not be binding on either party.
3. That. in consideration thereof, the City will pay to the
first party the sum of (See Exhibit A attached.) , upon
presentation of a proper voucher , and delivery and acceptance by
the City in conformity on said specifications and bid.
1
IN WITNESS WHEREOF, the parties hereto have caused this agree-
ment to be signed by the proper officers of each party and their
corporate seals to be hereunto affixed all on the day and year
first above written; then if first party is a corporation or part-
nership, the signing of this agreement shall constitute a warranty
by the person (s) so signing the proper authority so to do.
In the Presence of: OSHKOSH NORTHWESTERN COMPANY
dr i
�� BY:
1 Signature of the sole pro-
%? 'ui , ,-- - j� ✓ prietor , or name or corporation
s o 'partner lip
.!.ate... . _ _
P —ident or Partne
i
Secretary /
CITY OF OS�KOSH --7 I
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William D. Frueh, City
�� Ma���er
And: : . 7'1,, ,,A {.�_ ' .• Z 7 W,)
Donna C. Serwas,
City Clerk
Approved as to form and ex ution: I hereby certify that the
e necessary provisions have
l� ,A,C,A,' been made to pay the 1 ia-
Warren P. Kraft`, bility that will accrue
Asst. City Attorney under this Contract.
C-1
EDWARD A NOKES,
City Comptroller
•
2
EXHIBIT A
OSHKOSH NORTHWESTERN COMPANY
Oshkosh, Wisconsin 54901
(Publishers of the OSHKOSH DAILY NORTHWESTERN)
FOR COUNCIL PROCEEDINGS
80 .70 per Standard line for Straight matter
103. 7¢ per Standard line for Tabulated matter
FOR LEGAL NOTICES, IMPROVEMENT NOTICES,
REPORTS, ORDINANCES AND ALL OTHER LEGAL
NOTICES AND REPORTS
First Insertion:
80 . 7¢ per line for Straight matter
103. 70 per line for Tabulated matter
Subsequent Insertions :
62.50 per line for Straight matter
82. 70 per line for Tabulated matter
DISPLAY ADVERTISING
8. 15 per inch - current rate care applicable
A
May 16, 1985
#23 RESOLUTION
(CARRIED __ LOST LAID OVER WITHDRAWN )
PURPOSE: BID FOR PRINTING OF CITY'S ADVERTISING, PUBLICATION OF
COUNCIL PROCEEDINGS AND OTHER MATTERS FOR THE ENSUING YEAR
INITIATED BY: CITY ADMINISTRATION
WHEREAS, the City of Oshkosh has heretofore advertised for bids for printing
of the City's advertising and publication of Council Proceedings and other matters
pertaining to the City for the ensuing year; and
WHEREAS, upon the opening and tabulation of bids, it appears that the
following is the sole bid:
411 OSHKOSH NORTHWESTERN COMPANY
Oshkosh, Wisconsin 54901
(Publishers of the OSHKOSH DAILY NORTHWESTERN)
FOR COUNCIL PROCEEDINGS
80.7E per Standard line for Straight matter
103.7E per Standard line for Tabulated matter
FOR LEGAL NOTICES, IMPROVEMiNT NOTICES,
ff> REPORTS, ORDINANCES AND ALL OTHER LEGAL
NOTICES AND REPORTS
First Insertion:
80.71 per line for Straight matter
103.71 per line for Tabulated matter
Subsequent Insertions:
62.5e per line for Straight matter
82.7,E per line for Tabulated matter
DISPLAY ADVERTISING
8. 15 per inch - current rate care applicable
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh
that the said bid is hereby accepted and the proper City officials are hereby author-
ized and directed to enter into an appropriate agreement for same, all according to
bids, specifications and plans on file. The OSHKOSH. DAILY NORTHWESTERN is hereby
designated as the newspaper for the official publications of the City of Oshkosh.
Money for this purpose has heretofore been appropriated in the 1984 Budget, to-wit:
Account No 005-520, Publishing and Advertising.
— 27 —
Bond No. MCN- 865 819
NORTHWESTERN NATIONAL Insurance Company
MILWAUKEE, WISCONSIN -
PERFORMANCE & PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
That, Oshkosh Northwestern Company
as Principal, hereinafter called the Principal, and Northwestern National Insurance Company of Milwaukee,
Wis. a corporation organized and existing under the laws of the State of Wisconsin with its principal office
in Milwaukee, Wisconsin , as Surey, hereinafter called the Surety, are held and firmly bound unto
City of Oshkosh, Wisconsin
as Obligee, hereinafter called the Obligee, in the just and full sum of Five Hundred and No/l00ths--•- -
($500.00) -Dollars,
to the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves,
their respective heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these
presents.
Whereas, the Principal has entered into a certain written contract with the Obligee, dated the 10th
day of May 19 85 to May 10, 1986
For: Print and publish proceedings of the Oshkosh, Wisconsin Common Council
which contract is hereby referred to and made a part hereof, as fully and to the same extent as if copied at
length herein.
Now, Therefore, the condition of this obligation is such that, if the Principal shall faithfully perform all of
the obligations of the Principal under the contract, and shall fully indemnify and save harmless the Obligee
from all cost and damage which the Obligee may suffer by reason of the failure of the Principal so to do and
shall fully reimburse and repay the Obligee all reasonable outlays and expense which the Obligee may incur
by reason of such failure; and shall pay all persons who have contracts directly with the Principal for labor
or materials in the performance of this contract, subject to the Obligee's priority, then this obligation shall
he null and void, otherwise it shall remain in full force and effect.
The foregoing obligation, however, is limited by the following express conditions, the performance of
each of which shall be a condition precedent to any right of claim or recovery hereunder:
1. In the event of any default on the part of the Principal, a written statement of the particular facts
showing the date and nature of such default shall be given by the Obligee to the Surety as promptly
as possible after such default has become known to the Obligee, and shall be forwarded by registered
mail to the Surety as its Home Office.
2. If the Principal shall fail to comply with the provisions of the contract to such an extent that the con-
tract shall be forfeited, the Surety will have the right and opportunity to assume the remainder of the
contract and at its option to perform or sublet the same.
3. No action, suit or proceeding shall be had or maintained against the Surety on this instrument unless
the same be brought or instituted and process served upon the Surety within twelve (12) months after
completion of the work specified in said contract, whether such work be completed by the Principal,
Surety or Obligee; but if there is any maintenance or guarantee period provided in the contract for
which said Surety is liable, an action for maintenance may be brought within three (3) months from
the expiration of the maintenance period, but not afterwards.
18th February 85
Signed and sealed this day of A. D. 19
Oshkosh Northwestern Company
By (Seal)
Principal
NORTHWESTERN NATIONAL INSURANCE COMPANY
OF MILWAUKEE, WISCONSIN
(Seal)
Surety
ti
J. m ..- Acc.rney bc `N CE I. ES
F & S 1069 101 High
OSHKOSH. WISCONSIN 54901
® NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE,WISCONSIN
HOME OFFICE: 731 NORTH JACKSON STREET/P.O.BOX 2070/MILWAUKEE,WISCONSIN 53201/PHONE(414)765-8444
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS. That NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, WISCONSIN, a Wisconsin stock
insurance corporation,does make,constitute and appoint: S. J. Smith, Milwaukee, Wisconsin
its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the
company thereto if a seal is required,bonds,undertakings,recognizances or other written obligations in the nature thereof,as follows:
Any and all bonds, undertakings, recognizances or other written obligations in the nature
thereof ,
and to bind NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, WISCONSIN thereby, and all of the acts of said Attorneys-in-Fact, pursuant to
these presents, are ratified and confirmed. This appointment is made under and by authority of the following provisions of the By-Laws of the company, which are
now in full force and effect:
Article II,Section 1. The business and property of the company shall be managed and controlled by the board of directors.
Article III,Section 1. The board of directors may appoint additional officers and agents to perform such duties as may be assigned by the board of directors.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the
NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE,WISCONSIN on May 14, 1963.
RESOLVED that the president,any vice-president or assistant vice-president,in conjunction with the secretary or any assistant secretary,may appoint attorneys-
in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the company to execute and
deliver and affix the seal of the company to bonds,undertakings, recognizances,and suretyship obligations of all kinds; and said officers may remove any such
attorney-in-fact or agent and revoke any power of attorney previously granted to such person.
RESOLVED FURTHER that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the company
(i) when signed by the president,any vice-president or assistant vice-president,and attested and sealed (if a seal be required) by any secretary or assistant
secretary; or
(ii) when signed by the president,any vice-president or assistant vice-president, secretary or assistant secretary,and countersigned and sealed (if a seal be
required)by a duly authorized attorney-in-fact or agent;or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evid-
enced by the power of attorney issued by the company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any power of attorney or certifica-
tion thereof authorizing the execution and delivery of any bond, undertaking, recognizance,or other suretyship obligations of the company; and such signature
and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, WISCONSIN has caused these presents to be signed by its
proper officer,and its corporate seal to be affixed this 9th day of June , 19 83
?. -cio;;+,�4 NORTHWESTERN NATIONAL INSURANCE COMPANY
uF OF MILWAUKEE,WISCONSIN
iii :
MKWAUKEE i'4
c\i..■4.44,144.6 w J/ i;i: W15. JA�f-- , .. . 4'.( --Z r2 A44'''\
President
Asst. Secretary Vice
STATE OF WISCONSIN,COUNTY OF MILWAUKEE—ss
On this 9th day of June , 19 8 3 personally came before me, T)nna 1 d T. Roowen and
Frank P. Welch , to me known to be the individuals and officers of the NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE,
WISCONSIN,who executed the above instrument, and they each acknowledged the execution of the same,and being by me duly sworn,did severally depose and say:
that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate
seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
V..
' OTAR / //
e•f: N Y ,-
\'",\ ousuc ,`?' Notary Public
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F............:• 2/10/85
qF W 5`•' My Commission Expires
CERTIFICATE -
I, the undersigned, assistant secretary of the NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, WISCONSIN, a Wisconsin corporation,
CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the By-Laws of
the company and the Resolutions of the board of directors set forth in the Power of Attorney,are now in force.
1,aP;",■,,, 18th February
Via,; „�ti Signed and sealed at the City of Milwaukee this day of y , 19 85
•MILWASKEE. ;; i �f // p✓
,,,i1..... o //` ' Assistant Secretary
Harold C. Rec. d y
11736112-821
PROPOSAL
PRINTING OF CITY' S ADVERTISING, PUBLICATION OF COUNCIL
PROCEEDINGS AND OTHER MATTERS
We , the undersigned propose to print the City ' s Advertising and
Publication of Council Proceedings and other matters pertaining
to the City, and furnish a performance bond, for the ensuing year
at the following rates:
COUNCIL PROCEEDINGS
Y .r7 C per standard line for straight matter
• 7 C per standard line for tabulated matter - • ;;r Tro
LEGAL NOTICES , IMPROVEMENT NOTICES , REPORTS , ORDINANCES AND ALL
OTHER LEGAL NOTICES AND REPORTS
First Insertion:
c • 1 per line for straight matter :
• per line for tabulated matter YT
Subsequent Insertions:
• C per line for straight matter
. '? C per line for tabulated matter - •
DISPLAY ADVERTISING
- ,��� C per line
�_..
a
Name' of ompany
"Tet:: 447Aace" "'%'■410
PROPOSED BY: 3LL
Person making out his bid
1 , i 311985 +nTe
Date Address
City and State