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HomeMy WebLinkAbout4165RESOLUTION N0.4 1 6 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DESIGNATING THE SEATTLE TIMES AS THE CITY'S OFFICIAL NEWSPAPER WHEREAS, pursuant to Section 35A.21.230 of the Revised Code of Washington (RCW), each code city shall designate an official newspaper by resolution which newspaper shall be a newspaper of general circulation in the City and shall have the qualifications prescribed by Chapter 65.16 RCW; and WHEREAS, the City's previous official newspaper, King County Journal, terminated its publication requiring the City to pursue proposals from other newspapers of general circulation for the City's legal publishing and to serve as the City's official newspaper; and WHEREAS, proposals for the City's legal publishing were solicited and three proposals were received; and WHEREAS, the proposals were evaluated based on the extent of the newspaper's circulation within the City of Auburn, the cost per column inch, the days the publication is distributed, and the lead time for publication. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Section 1. The Seattle Times is hereby designated as the official newspaper for the City of Auburn. Resolution No. 4165 February 27, 2007 Page 1 of 2 Section 2. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This Resolution shall take effect and be in full force upon passage and signatures hereon. _ .~> Dated and Signed this ~. day of 1~,~'~-~~ , 2007. CIT AUBUR PETER B. LEWIS MAYOR ATTEST: ,1 Danielle E. Daskam, City Clerk AP~VEID Y~s"15O FO~2M~ niel B. Hid; City Atto Resolution No. 4165 February 27, 2007 Page 2 of 2 rya ~~ !~ s AGREEMENT THIS A~REEMENT, which includes Attachments 1, and 2, is made and entered into in triplicate, this `J day of ~'~~7"Z~IA--!Y~~' , 200, by and between the City of Auburn, a Municipal Corporation, hereinafter called the City, and The Seattle Times„ hereinafter called the Contractor. WITNESSETH: 1. That the Contractor, in consideration of the covenants, agreements and payments to be performed and made by the City, hereby covenants and agrees to perform the work and to furnish all labor, tools, materials, equipment, supplies, accessories and appurtenances, including the manufacture and delivery of materials and equipment, required under the attached specifications for Official City Legal Printing/Publishing attached hereto as Attachment 1, and the Contractor's bid submitted in response to request for bids attached hereto as Attachment 2. All terms of both Attachment 1 and 2 are by this reference incorporated herein as though fully set forth. In accordance with and pursuant to all the terms and conditions of the Advertisement, Specifications and Proposal, copies of which are hereunto attached, submitted and hereby declared and accepted as parts of this agreement as fully set forth herein. Where there are conflicts between these documents, the controlling document will first be this Agreement, then the Bid Specification, then the Contractor's bid, and then subsequent correspondence. No verbal modifications to this Agreement shall be recognized. 2. The Agreement shall be effective from March 6„ 2007 to December 31, 2008, unless sooner terminated as provided elsewhere in this Agreement. This Agreement is subject to review, inspection and audit by any authorized city, state or federal agency. 4. The Contractor agrees to publish a Newspaper upon the terms and conditions as specified in said Advertisement, Instructions to Bidders, Specifications, and Proposal. Failure to publish the paper as specified in the bid is a material breach of this contract and will be construed by the parties as a material breach of this contract. 5. The Contractor certifies that its publication is a legal newspaper, qualified as such, pursuant to Chapter 65.16 of the Revised Code of Washington. If the Contractor's publication should, for any reason, fail or cease to conform with the requirements set forth in Chapter 65.16 RCW, then the Contractor shall take whatever steps are necessary to have the City's documents subject to this Agreement published in a legal newspaper in Auburn that does comply with Chapter 65.16 RCW. 6. The Contractor agrees to thirty (30) calendar days' written notice of termination by the City of this Agreement without cause shown. 7. The Contractor agrees to five (5) calendar days' written notice of termination by the City of this agreement for cause shown. 8. The Contractor agrees to indemnify and save harmless the City from any and all defects appearing or developing in the workmanship or material performed or furnished under this Contract for a period of one year after the date of publication. 9. Payment shall be made through the City's ordinary payment process, and shall be considered timely if made within 30 days of receipt of a properly completed statement. 10. All payments shall be subject to adjustment for any amounts, upon audit or otherwise, determined to have been improperly invoiced. 11. The Contractor shall comply with all applicable federal, state and local laws, ordinances, rules and regulations. 12. The Contractor agrees to take all steps necessary to comply with all federal, state, and City laws and policies regarding non-discrimination and equal employment opportunities. The Contractor shall not discriminate in any employment action because of race, creed, color, national origin, marital status, sex, age, or the presence of any sensory, mental or physical handicap. In the event ofnon-compliance by the Contractor with any of the non- discrimination provisions of this Agreement, the City shall be deemed to have cause to terminate this Agreement, in whole or in part. 13. If one or more of the clauses of this Agreement are found to be unenforceable, illegal or contrary to public policy, the Agreement will remain in full force and effect except for the clauses that are unenforceable, illegal or contrary to public policy. 14. This Agreement constitutes the complete and final agreement of the parties, replaces and supersedes all oral and/or written proposals and agreements heretofore made on the subject matter, and may be modified only by a writing signed by both parties. TN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY_QEAUB ~~ S~t'l~Tim~s,Q1~ reQreS~nh- tl~eSea~l~ ~°~ PET B. LEWIS, MAYOR CONTRACTOR ~,~~,___ By' -~ Title: Classlh ed ~~~xfis+n~ I~'ta~ a~ Federal LD. No. ~ ~ " Q~~~ ~ Attest: /~A ,~ City"Clerk A B *. CITY OF UBT T]~~ Peter B. Lewis, Mayor WAvS H I NGTO N 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000 CITY OF AUBURN CALL FOR BIDS Publication Services -Official City Legal Printing/Publishing NOTICE IS HEREBY GIVEN THAT THE CITY OF AUBURN will receive sealed bids at the City Clerk's Office located at Auburn City Hall, 25 West Main Street, Auburn, WA, 98001 for the provision of official city legal printing/publishing. BIDS WILL BE RECEIVED UNTIL: 4:00 PM on February 8, 2007 at which time they will be opened and publicly read aloud. Bid proposal forms may be obtained at the City Clerk's Office, 25 West Main Street in Auburn, WA, telephone (253)931-3039, or fax your request to (253)804-3116 and a copy will be sent to you. Additional information regarding the specifications may be obtained by contacting City Clerk Danielle Daskam at (253) 931-3037. CITY OF AUBURN Danielle Daskam City Clerk AUBURN * MORE THAN YOU IMAGINED Attachment # 1 GENERAL INSTRUCTIONS TO BIDDERS SUBMITTAL OF BIDS: Bids must be received in the City Clerk's Office, Auburn City Hall, 25 West Main Street, Auburn, WA, 98001, by 4:00 PM on February 8, 2007. FOR: City of Auburn Official Legal Printing/Publishing No bids will be considered which are received after the time mentioned, and any bids so received after the scheduled closing time shall be returned to the bidder unopened. BIDS MAY BE SENT IN BY MAIL OR TURNED IN PERSONALLY; HOWEVER, IF SENT BY MAIL, THE RESPONSIBILITY OF THEIR ON TIME DELIVERY TO THE CITY CLERK'S OFFICE IS WHOLLY UPON THE BIDDER. Each proposal, intact and bound with specifications, shall be completely sealed, properly addressed to the City Clerk's Office, with the name of the bidder and the bid proposal title (City of Auburn Official Legal Printing/Publishing) marked on the exterior of the package. 2. BID WITHDRAWAL: No bid can be withdrawn after having been formally opened by a representative from the City Clerk's Office. PAYMENT: Payment terms shall be Net 30. 4. COMPLIANCE WITH REGULATIONS: The bidder agrees to abide by all laws, rules and regulations promulgated by the United States of America, the State of Washington, or any agencies or subdivisions thereof, specifically including WISHA and OSHA regulations in effect at the time of bid opening. The Contractor shall be solely responsible for all violations of the law from any cause in connection with work performed under this Contract. 5. FILLING IN PROPOSAL FORMS: The bidder will submit their proposal on the form furnished in the specifications. All blank spaces in the proposal form will be properly filled in, printed in ink or typewritten. The forms will be signed by the responsible company official, with the printed or typewritten designation of the office held in the company. The address of the bidder will be typed or printed on the proposal in the spaces provided. CONTACT PERSON: For further information relating to these specifications, please contact: Danielle Daskam, City Clerk, (253) 931-3037 for technical questions. AWARD CRITERIA: To be eligible for award, all bidders' publications shall meet the requirements of Chapter 65.15 of the Revised Code of Washington. Bids will be evaluated based on written response to the following criteria: a. Extent of the publication's circulation within the City of Auburn b. The cost per column inch to publish c. Day(s) the publication is distributed and lead time for publication 8. REJECTION OF PROPOSAL: The City of Auburn reserves the right to reject any or all bids and to waive any informalities in bids. 9. INTERPRETATION OF PROPOSED CONTRACT DOCUMENTS: If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the plans, specifications or other proposed contract documents, a bidder may submit a written request for an interpretation thereof. Any interpretation of the proposed documents will be mailed or delivered to each person receiving a set of such documents. The City of Auburn will not be responsible for any other explanations or interpretations of the proposed documents. AUBURN * MORE THAN YOU IMAGINED Attachment # 1 All requests for interpretations will be received by the City of Auburn no later than five (5) days prior to bid opening time. 10. EXTENSION OF CONTRACT: Contracts resulting from this Invitation to Bid shall be subject to extensions by mutual agreement, per the same prices, terms and conditions resulting from this Proposal. 11. LEGAL HOLIDAYS: of the City of Auburn are: New Year's Day Martin Luther King's Birthday Presidents' Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day January 1 3rd Monday in January 3rd Monday in February Last Monday in May July 4 1st Monday in September November 11 4th Thursday of November 4th Friday of November December 25 When any of these holidays occur on Saturday or Sunday, the preceding Friday or the following Monday, respectively, is a legal holiday for the City of Auburn. riUBURIIT'k MORE THAN YOU IMAGINED Attachment # 1 SPECIFICATIONS 1. Bids will be accepted for official legal printing/publishing for the City of Auburn, Washington, for a two-year period, estimated to be from February 1, 2007, through and including December 31, 2008. The contract will be awarded for two years with the option to renew annually upon the mutual agreement of the parties. 2. Bids must be submitted on the forms provided and must show the amount bid per column inch and a total amount to publish the sample herein provided with the bid form. The minimum point size will be 6 point type. The City shall consider the cost of publishing the entire attached sample in awarding the contract to the successful bidder. Bidder must state price for legal notices published one time only and price for subsequent publication of the same copy. 4. Bids will be accepted on two alternate proposals: Alternate Bid No. 1 is for a paper that is published at least once a week, and Alternate Bid No. 2 is for a paper that is published daily (at least five times per week). You may bid either or both alternate bids. The award will be based on the alternate that best meets the City's needs. 5. The successful bidder shall be a daily or weekly newspaper which has been established, published, and circulated in Auburn, Washington, for at least six months prior to the bid opening date, and meets all of the qualifications of a legal newspaper as set forth in Chapter 65.16 RCW, as those qualifications exist now or are hereafter amended. The City shall consider the day(s) of publication of the bidder in awarding the contract to the successful bidder. 6. The successful bidder will print, publish, and circulate a newspaper that is published and circulated in Auburn, Washington, at least weekly. Legal notices may be sent in any of the following formats: E-mail, FAX or hardcopy. Ads will be published regardless of the format received, as long as they are received by the minimum lead time for publication. The successful bidder will print in said newspaper upon request and after requested copy has been provided, all ordinances, resolutions, and legal and official notices for and on behalf of the City, such number of times as may be required, without mistake or variance from the copy furnished. The City will consider the successful bidder in noncompliance with the contract should this not occur. Such printing is to be set in solid or with typeset quality, or equivalent; or photographically reduced for publication; or optically scanned. Ordinances and Resolutions submitted by the City may be photographically reduced for publication in the official newspaper by the successful bidder as long as the requirements are met, which will result in the City paying no more for photographically reduced copy than if the copy had been typeset: maps, photos, graphs, mathematical formulae, graphic designs, etc. which are photographically reduced for printing shall be measured for payment purposes based on the actual number of column inches of the copy as printed. 10. The successful bidder will furnish one subscription of the official newspaper to the City Clerk. 11. Within fourteen (14) days after the last publication date of an advertisement, the successful bidder shall furnish at no additional charge to the City three (3) "Affidavits of Publication" certifying the specific date(s) the advertisement was published. AUBURL~T * MORE THAN YOU IMAGINED Attachment # 1 12. The successful bidder shall furnish all affidavits with a copy of each particular published item cut and affixed to the front of each affidavit. Stapling a tear sheet to the back of the affidavit will, not be sufficient. Affidavits must be signed and notarized. If the successful bidder fails to provide accurate affidavits and accurate publication dates, the successful bidder shall be deemed to be in material default of the contract. 13. Accurate date(s) of when the item was actually published will be printed at the end of the published document. 14. The successful bidder must be in compliance with all state statutes pertinent to a legal newspaper. 15. The City reserves the right to terminate the contract for the convenience of the City, at the sole discretion of the City, with a 30-day written notice. The Contractor shall not be entitled to damages for lost profits in the event of such termination for convenience. 16. The City reserves the right to terminate the contract with five (5) calendar days' written notice of termination for cause shown. The Contractor's failure to publish as specified in said Advertisement, Information for Bidders, Instructions to Bidders, Specifications, Plans, Proposal and Contractor's Specifications (if any); or the Contractor's failure to qualify as a legal newspaper pursuant to Chapter 65.16 of the Revised Code of Washington shall constitute cause for termination, together with such other cause as may be sufficient under the common law. If a notice of termination for cause is issued by the City and it is later determined for any reason that the Contractor was not in default, then the rights and obligations of the parties shall be the same as if the notice of termination had been issued for the convenience of the City. 17. The successful bidder will be required to sign an agreement substantially in the form of the attached copy. 18. The City reserves the right to request the successful bidder to qualify on a 120-day test period. If, at any time during the test period, the successful bidder fails to meet any or all specifications, the City reserves the right to cancel the contract and award it to the next lowest Bidder. Such termination shall be for cause. 19. The City will not pay for any ad which is improperly run. The successful bidder will re-run an improperly run ad at its expense. Any additional costs incurred by the City from an improperly run ad will be passed on to the successful bidder. 20. Every month the successful bidder shall furnish an itemized statement of the account listing the invoice number, affidavit number, item published, and the total amount of each invoice. 21. The successful bidder must have and maintain an operating facsimile machine available on a 24- hour basis to accommodate the City delivery of documents. If the fax becomes inoperable, it shall be the responsibility of the successful bidder to notify the City Clerk's office (253) 931-3039 of the interruption of service. 22. In many cases, the City will provide the successful bidder with documents for publication created with Microsoft Word. It will be the successful bidder's responsibility to make any necessary conversions. AUBURN * IvtC}RE THAN YoU IMAGINED .° . JAN 2 6 2007 Attachment #2 CITY qF AUBURN CITY OF AUBURN PROPOSAL SHEET CITY CLERKS gFFiCE Publication Services -Official City Legal Printing/Publishing TO: CITY CLERK, 25 West Main Street, Auburn, WA, 98001 As publisher of The Seattle Times also representing the Seattle Post-Intelligencer a newspaper which has been established, published and circulated daily in Auburn, Washington, for at least six months, and has general circulation throughout the City of Auburn, I hereby submit the following bid in response to your call for bids for printing City legal notices and required publications in the said newspaper during the period of award from February 1, 2007; through and including December 31, 2008. Day(s) each week that said paper is published: Sunday ® Monday ~ Tuesday ® Wednesday ® Thursday ® Friday ® Saturday Typeset specifications/parameters (include type style, size, leading, width of single column in inches; width of double column in inches; width of triple column in inches; and maximum number of characters per line): TYPE STYLE -Spartan BookClassified; TYPE SIZE - we currently run our legal notices at 5.7 point, but if necessary we can run your ads at 6 point; LEADING - 5.2 point; CLASSIFIED COLUMN WIDTH, Single -1.112", Double - 2.278", Triple - 3.445"; ROP COLUMN WIDTH, Single -1.806", Double - 3.764", Triple - 5.723"; Maximum characters per line - 25 to 26 characters Alternate Bid No. 1: (Minimum. once per week publication) Single Paper (Times or PI ), M - Th , $24.08 $ See box to left per single column inch for each insertion. Both Papers, M -Sat, $42.84 Sunday - $57:54 (for rates on submitted ad, see below) Using the above rates, I certify that the cost to the City of Auburn for printing the attached sample (one page summary of Ordinance No. 6034) would be $ see box below the first single column insertion, and $ for each single column subsequent insertion. Alternate Bid No. 2: (Minimum five times per week publication) Sample Ad costs: (per insertion) $ -per single column inch for each insertion. Single Paper, M - Th = $99.76 Both Papers, M -Sat= $177.48; Sunday = $238.38 Using the above rates, I certify that the cost to the City of Auburn for printing the attached sample(one page summary of Ordinance No. 6034) would be $ for the first single column insertion, and $ for each single column subsequent insertion. Indicate your current circulation of publication in the City of Auburn. Daily or weekly paid subscribers: _PI -1201 :Times - 1938,_ Daily or weekly newsstand patrons: _12,000 (south zone cities) _ Monday-Fri, 4:00 p.m., 'I~tesday -Mon, 1 L:00 a.m., Wednesday - Tue; 11;00 a.m. Indicate your lead time in any edition: Thursda Tue 4:00 m., Frida Thu, 11:00 a.m. Saturda Thu 4:00 m. Y- 1?• Y- Y- ~ p• Sunday = Fri, .4:00 p.m. The undersigned states that he or she is authorized to submit a bid on behalf of the corporation, partnership, or sole proprietorship listed below, and further sta s that the corporation, partnership, or sole proprietorship is bound by the above offer. Signed: Title : -Classified Advertising Sales Manager- Date: 1/25/2007 Typed or Printed Signature: -Shelly Pham_ Company Name:_ The Seattle Times also representitig the Seattle Post-Intelligencer Address: _1120 John Street City/State/Zip: _Seattle; WA 98109 Telephone Number: _206.652.6909_ Fax:_206.493.0656 Email:_spham@seattletimes.com Please Complete if Applicable: MBE ^ WBE ^ Washington State Certified D