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10/25/2022 - Regular - Additional Docs-Newspaper ResolutionRESOLUTION NO. XX A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, DESIGNATING KITSAP SUN AS THE CITY’S OFFICIAL NEWSPAPER OF RECORD IN ACCORDANCE WITH RCW 65.16; REPEALING RESOLUTION NO. 070-22 WHEREAS, pursuant to RCW 35A.21.230, the City is required to designate a qualified official newspaper by resolution, and the qualifications for a legal newspaper are set out in RCW 65.16.020; and WHEREAS, pursuant to RCW 35.23.352(8) and RCW 35A.21.230, the Cit must select its official newspaper of record by formal bid and the contract shall be awarded to the lowest responsible bidder; and WHEREAS, in June 2022, the City used formal competitive bidding to seek an official newspaper of record, and received two bids from the Kitsap Sun and the Port Orchard Independent; and WHEREAS, by Resolution No. 070-22, the City Council designated the Port Orchard Independent as the Official Newspaper of Record; and WHEREAS, in October 2022, the City was notified that the Port Orchard Independent would not publish weekly in the month of November, in violation of the qualifications set out in RCW 35A.21.230; and WHEREAS, Staff confirmed that the Kitsap Sun was the sole qualified legal newspaper of general circulation in the City that could serve as the City’s official newspaper; and WHEREAS, the expeditious designation of a qualified official newspaper is important to meet the needs of the City and its residents, to ensure timely noticing of legislation and public hearings; and WHEREAS, the City Council finds it is in the best interest of the City and its residents to designate the Kitsap Sun as the City’s official newspaper, as the sole qualified vendor for this service; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council hereby repeals Resolution No. 070-22 and authorizes the Mayor to take all action necessary to effectuate the termination of an agreement with the Port Orchard Independent. Resolution No. 070-22, which is repealed by this resolution, shall remain in full force and effective until the effective date of this resolution. THAT: The City Council accepts the bid received from the Kitsap Sun in June 2022 and designates the Kitsap Sun as the City’s official newspaper of record. THAT: Based on the preceding legislative findings, the City Council hereby declares that the procurement of an official newspaper is clearly and legitimately limited to a single source of supply at this time, and that the sole, qualified source for this service is the Kitsap Sun. Based on this and pursuant to RCW 39.04.0280(1)(a), the competitive bidding requirements for the City of Port Orchard are hereby waived and the Mayor is authorized to execute a contract for official newspaper services with the Kitsap Sun. THAT: If any section, subsection, paragraph, sentence, clause or phrase of this Resolution is declared invalid for any reason, such decision shall not affect the validity of the remaining parts of this Resolution. THAT: Due to existing publication deadlines, this Resolution shall take full force and effect following passage and signatures hereon on October 29, 2022. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 25th day of October, 2022. Robert Putaansuu, Mayor ATTEST: City Clerk, Brandy Wallace, MMC