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HomeMy WebLinkAboutOshkosh Northwestern 5/20/1979 A G R E E M E N T THIS AGREEMENT made and entered into this :Z2 day of May , 197 9 , by and between OSHKOSH NORTHWESTERN COMPANY of 224 State Street, Oshkosh, WI 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 resolution duly adopted on the 3rd day of May , 197 9 , accepted the bid of the first party and authorized and directed the proper City officials to enter into an agree- ment with the party of the first part for: PRINTING OF CITY'S ADVERTISING, ETC. FOR COUNCIL PROCEEDINGS: 44.6 per Standard line for Straight Matter; 57.4 per Standard line for Tabulated Matter. FOR LEGAL NOTICES, IlKPROVEMENT NOTICES, REPORTS AND ORDINANCES AND OTHER LEGAL NOTICES AND REPORTS: First Insertion: 44.6 per line for Straight matter; 57.4 per line for Tabulated matter Subsequent Insertions: 35.2G per line for Straight matter; 45.3 per line for Tabulated matter DISPLAY ADVERTISING: at regular open display rate, current at time of publication 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 without the written consent of the City; and that this document including the specifications and bid , constitutes the entire agreement between the parties hereto and that any understanding either oral or written, not a part hereof shall not be binding on either party. 3. That bove consideration thereof, the City will pay to the first party the sum of $ , upon presentation of a proper voucher, and delivery and acceptance by the City in conformity on said specifications and bid. IN WITNESS WHEREOF, the parties hereto have caused this agreement 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 cor- poration of partnership, 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 Signature of sole proprietor, or name or corporation or partnership il- c-;--;e /6-"* G--------) • �u�) President or Partne /!�/!4 /Lti 4i,-e---1 c„ mac ° ,c.„.„„ `Secretary CITY OF OSOSH g o hs_vn.2 "In�ii[OA, � e ,/2 Gt WILLIAM D. FRUEH, City Manager /7iX1 i( � L �LIX�I ( c BY: _ 4a4.1 CONVERS C. MARKS It Clerk I hereby certify that the necessary provisions have been made to pay the • •roved -s to form liability that will accrue under this ' \' contract : 6 \or , C:, .'.*,,,,,d2 (L 1 1 t--K,2,/ OH W. PENCE, City Attorney 0:4+-.l:$$4 ,4 0 1:, City Comptroller EDWARD A. NOKES, April 20, 1979 Mr. Converse C. Marks, City Clerk City of Oshkosh Oshkosh, Wisconsin 54901 Dear Mr. Marks, Enclosed find our proposals for printing the Council Proceedings and City Advertising for the Publishing year. Performance bonds are attached. Very truly yours, OSHKOSH DAILY NORTHWESTERN ssell F. Sprufig Secretary Enclosures April 20, 1979 BID FOR PUBLISHING THE CITY OF OSHKOSH ADVERTISING FOR THE PUBLISHING YEAR We, the undersigned, Oshkosh Northwestern Company, a Wisconsin corporation, having its principal office and place of business in the City of Oshkosh, Wisconsin and who are publishers of the daily newspaper knownas the Oshkosh Daily Northwestern, and who have filed a certificate of Eligibility stating place of publication with the County Clerk pursuant to section 985.03 subsection 2 of the Statutes as amended, do herewith submit the following bid: To publish in English in the said "Oshkosh Daily Northwestern" the city advertising of the City of Oshkosh, Wisconsin, for the publishing year to wit: Legal notices, improvement notices, reports, ordiances, and all other legal notices and reports ordered by the City of Oshkosh, to be published at the legal rate established by law, Chapter 985 of the Wisconsin Statutes and amendments thereto, which according to the net paid circulation December 31, 1978, of the Oshkosh Daily Northwestern as certified by the Wisconsin Department of Administration for 6 pt. Futura Type is: First Insertion 44.6c per line for Straight matter 57.40 per line for Tabulated matter Subsequent Insertions 35.20 per line for Straight matter 45.3c per line for Tabulated matter Display advertisements are a special form of advertising, and are not covered by the legal rate established by law. All such advertisements not specifically classified by law as legal advertising to be paid for at the regular open display rate, current at the time of publication. `-) , 1979 Dated this a<<� day of OSHKOSH NORTHWESTERN COMPANY --e- ;e:--c,■ ,-74 ,s/._,..7.--x:' ,2,e_prl, Secretary April 20, 1979 BID FOR PUBLISHING THE CITY OF OSHKOSH COUNCIL PROCEEDINGS FOR THE PUBLISHING YEAR We, the undersigned, Oshkosh Northwestern Company, a Wisconsin corporation, having its principal office and place of business in the City of Oshkosh, Wisconsin and who are publishers of the daily newspaper known as the Oshkosh Daily Northwestern, and who have filed a certificate of Eligibility stating place of publication with the County Clerk pursuant to section 985.03 subsection 2 of this statutes as amended, do herwith submit the following bid: To publish in English in said "Oshkosh Daily Northwestern" the Council Proceedings of the City of Oshkosh, Wisconsin for the publishing year at the legal rate established by law, Chapter 985 of the Wisconsin Statutes and amendments thereto, which according to the net paid circulation December 31, 1978 of the Oshkosh Daily Northwestern as certified by the Wisconsin Department of Administration for 6 pt. Futura Type is: 44.60 per Standard line for Straight Matter 57.4c per Standard line for Tabulated Matter ` Dated � day of .,/f#/ , 1979 OSHKO NORTHWESTERN COMPANY / f . CRussell F. Sprung , Secretary 4E9 1C=11' 41' 4=31C=P 4!' 4 ioc!oc14=11' 4!' ,;e�h. I I [I 4 i PERFORMANCE & PAYMENT BOND [i 1. KNOW ALL MEN BY THESE PRESENTS: a, 0 The That, OSHKOSH NORTHWESTERN COMPANY Continental Insurance Companies as Principal, hereinafter called the Principal, and FIREMAN'S INSURANCE COMPANY OF NEWARK, NJ 0 a corporation organized and existing under the laws of the State of NEW JERSEY with its principal office in NEWARK, NEW JERSEY , as Surety, hereinafter called the Surety, are held and firmly bound unto 0 City of Oshkosh, Wisconsin 0 as Obligee, hereinafter called the Obligee, in the just and full sum of Five Hundred and 00/100- -Dollars, il 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. 0 Whereas, the Principal has entered into a certain written contract with the Obligee, dated the 10th day of May 1979 to May 10, 1980 I/ For: Print and publish City of Oshkosh, Wisconsin advertising 0 0 0 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 0 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 be 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 g . 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, 0 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. Signed and sealed this 8th day of March A. D.. 19 79 0 0 OSHKOSH NORTHWESTERN COMPANY (Seal) Principal [I FIREMAN'S INSURANCE COMPANY OF NEWA1k1)NJ Surety a By . ece,,....„ /2,,, ,...,,,,,._ Attorney 0 Bond 4100A Printed in U. S. A. r ti `jit� Ct�1C 41u41' 4! -$1 $1OTI0II0A0I1' 41' 41' 42' 41' 4G i'G .1 Firemen's Insurance Company of Newark, New Jersey 80 Maiden Lane, New York, New York 10038 GENERAL POWER OF ATTORNEY Know all men by these Presents,That the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has made constituted and ,tppointe.i and by these pietsents does make, constitute ;Ind appoint Arthur Rehbein or P. Bruce Stevenson or Richard M. Audiss all of Oshkosh, Wisconsin, EACH. its true and lawful attorney for it and in its name, place,and stead to execute on behalf of the said Company, as surety,bonds, undertakings and contracts of suretyship to be given to all obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Five Hundred Thousand ($500,000.) Dollars. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Reso- lution adopted by the Board of Directors of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY at a meet- ing duly called and held on the 20th day of February, 1975. RESOLVED,that the Chairman of the Board,the Vice Chairman of the Board,the President.an Executive Vice President or a Senior Vice Pres- ident or a Vice President of the Company, be, and that each or any of them hereby is,authorized to execute Powers of Attorney qualifying the attor- ney named in the given Power of Attorney to execute in behalf of FIREMEN'S INSURANCE COMPANY OF NEWARK,NEW JERSEY,bonds,under- takings and all contracts of suretyship,and that an Assistant Vice President,a Secretary or an Assistant Secretary be,and that each or any of them here- by is,authorized to attest the execution of any such Power of Attorney,and to attach thereto the seal of the Company. FURTHER RESOLVED,that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attach- ed In Witness Whereof, the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Senior Vice Presidents and attested by one of its Assist- ant Vice Presidents this 22nd day of April,1977. FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY Attest By �jliru7 , Morris L. Ford.Assistant Vice-President ` ` STATE OF NEW YORK, ? R.K.Ruesch,Senior Vice-President ss. COUNTY OF NEW YORK, On this 22nd day of April, 1977, before me personally came R. K. Ruesch, to me known,who being by me duly sworn, did depose and say that he resides in New Providence, in the County of Union, State of New Jersey, at 35 Alden Road;that he is a Senior Vice President of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, the corporation de- scribed in and which executed the above instrument; that he knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. ,44,./-- t'ui;,r.:', HERBERT HOFFMAN NOTARY PUBLIC,State of New York No 52-1821035 Oual.in Suffolk County CERTIFICATE Cert tiled in N.Y.Co.Clk's Office Commission Expires March 30, 1979 i, the undersigned, an Assistant Secretary of the FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, a New Jersey corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of At- torney, is now in force. Signed and sealed at the City of New York. Dated the day of , 19 . �,MVtx • James M Keane.Assistant Secretary s 21 Bond 4315Ci us Printed in U.S.A.