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. _
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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
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By' -~
Title: Classlh ed ~~~xfis+n~ I~'ta~
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Federal LD. No. ~ ~ " Q~~~ ~
Attest:
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City"Clerk
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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