CITY OF VISALIA, CALIFORNIA
REQUEST FOR BIDS (RFB) NO. 21-22-34
ANNUAL CONTRACT FOR PUBLISHING LEGAL ADVERTISEMENTS
DESCRIPTION:
The City of Visalia Purchasing Division is soliciting Bids for a contract to publish the City ’s legal advertisements. Newspaper a gencies must be adjudicated for publishing in Visalia, CA to be considered eligible to bid.
INFORMATIONAL PRE-BID MEETING:
On Thursday, January 5, 2023 , an informational meeting will be held at the Visalia City Council Chambers, 707 W. Ace quia Avenue, Visalia, beginning 10:00am. This i s an opportunity to ask questions regarding the contract and the scope of services.
SUBMITTAL DEADLINE:
SEALED BIDS are due no later than 2:00pm on Friday, January 20, 2023. Bids received after the time and date stated above shall be returned unopened to the bidder.
The City of Visalia expressly reserves the right to mo dify, or withdraw from, the process initiated and described herein. No rights shall be vested in any party, individual or entity by virtue of its pr eparation to participate in, or its participation in, such process. The City expressly reserves the right to modify, for any reason, the schedule and any provision contained herein. The City reserves to itself the selection of winning respondent(s), if any, in the exercise of its sole discretion. No binding commitment shall arise on the part of the City to a ny respondent under this Request for Bid until and unless the parties sign documents of agreement that become effective in accordance with their terms. Responses to this RFB, however, shall be held firm by Respondent for at least ninety (90) days.
Ad dates: 12/13/22
12/20/22
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TABLE OF CONTENTS
I. DEFINITIONS ................................ ................................ ................................ ......... 3
II. INTRODUCTION ................................ ................................ ................................ .... 3
III. BACKGROUND ................................ ................................ ................................ ...... 3
IV. INSTRUCTIONS ................................ ................................ ................................ ..... 4
V. SCOPE OF SERVICES/PROJECT ................................ ................................ ......... 5
VI. PRE-BID MEETINGS................................ ................................ .............................. 6
VII. BID OPENING AND CONFIDENTIALITY ................................ ............................... 6
VIII. AWARD ................................ ................................ ................................ .................. 7
IX. PROTESTS/APPEALS ................................ ................................ ........................... 7
X. SPECIAL CONDITIONS ................................ ................................ ......................... 8
XI. GENERAL CONDITIONS ................................ ................................ ....................... 8
XII. POST AWARD RESPONSIBILITIES ................................ ................................ ..... 11
EXHIBITS
A. BIDDER’S QUESTIONNAIRE AND BID FORM
B. CERTIFICATIONS, AFFIDAVITS, ASSURANCES, STATEMENTS, WAIVERS, AND
QUESTIONNAIRES WHICH MUST ACCOMPANY BID FORM
B-1. Non-Collusion Affidavit
B-2. Worker’s Compensation Insurance Certificate
B-3. Equal Employment Opportunity Compliance Certificate B-4. Americans with Disabilities Act Compliance
B-5. Ownership Disclosure
B-6. Drug-Free Workplace Certificate
B-7. Iran Contracting Act Certification
C. SAMPLE PROJECT AGREEMENT WITH ATTACHMENTS
ATTACHMENT 1 - GENERAL CONTRACT PROVISIONS
ATTACHMENT 2 - INSURANCE REQUIREMENTS
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I. DEFINITIONS
For the purposes of RFB NO. 21-22-34, the following terms shall have the meanings indicated:
1. “City” means the City of Visalia
2. “City Council” means the Council of the City of Visalia
3. "Bidder", "Vendor", "Supplier", “Consultant”, “Contractor” and “Subre cipient” are u sed interchangeably throughout this invitation to mean the person, firm, or cor poration or other entity submitting a Bid in response to the Request for Bid.
4. “Bid” and “Proposal” are used interchangeably to mean an individual’s or entity’s offer in response to this Request for Bid.
5. “RFB” means Request for Bid No. 21-22-34.
II. INTRODUCTION
The City of Visalia Purchasing Division is soliciting Bids from qualified newspaper agencies to publish the City’s legal advertisements. Bids are being sought from newspapers adjudicated for publishi ng in Visalia, CA and have a proven record of experience in providing the services required by this Invitation to Bid.
The succ essful bidder shall be resp onsible for pro viding all serv ices ne cessary to fu lfill the requirements of this Invitation to Bid upon receipt of the City’s Notice to Procee d and fully executed contract accompanied by a City purchase order.
As a public entity, the City of Visalia is required by law to publicize certain legal notices to help ensure the general public is informed of a variety of information such as Notices for Public Hearings and Notices of Requests for Bids. Occasionally the City must place notifications to the public regarding Unclaimed Property, Notice of Funding Availability, etc. These advertisements must be published in the legal section of the newspa per. Notices and Ads are published on an as needed basis and some notices are required to be published twice each with a minimum of five days between each publication date.
Various city divisions are responsible for placing these legal a ds and notices, including Purchasing, Housing, Community Development and Administration. The City spends $65,000 - $75,000 annually in publishing legal advertisements.
Per the Ci ty of Visalia Charter: All official advertisings of the City must be done in a newspaper of general circulation as defined by the laws of the State of California ; the newspaper shall be published in the City of Visalia and shall be designated by the City Council as an official newspaper for such ads.
Unless earlier terminated by either party, the contract resulting from this RFB shall be for a term of 12 months, at which time this service contract will again be let to bid, as specified by the City’s Charter.
III. BACKGROUND
In the past the has City of Visalia has published legal ads/notices with the Visalia Times Delta, which was previously the only newspaper adjudicated for publishing i n Visali a, CA. In checking with t he County of Tulare Recorder’s Office’s current list of adjudicated newspapers, there are currently two (2) newspapers listed and published in Visalia: The Visalia Times Delta and the Foothills Sun-Gazette.
To comply with the City of Vis alia’s Purchasing policies and the City of Visalia Charter , a contract for the above-mentioned services is required. Only Newspapers l isted with Tulare County Recorder’s Office as adjudicated newspapers for publishing official notices for Visalia, CA at the time of publication of this Request for Bids will be considered eligible.
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The City intends to contract this service with a qualified agency who can:
• meet the City’s advertising needs
• demonstrate a continuous Visalia readership based on paid subscription rates. • provide a responsive turn-around time
• offer a minimum of three days per week for publishing City’s legal notices
Local Vendor Prefer ence: For RFB-21-22-34, there are currently two (2) eligible bidders, both have local (Tulare County) offices.
Executive Order N-6-22 – Russia Sanctions
On March 4, 2022, Governor Gavin Newsom i ssued Executive Orde r N -6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic San ctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukrai ne, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. S hould the Stat e determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for r ejection of the C ontractor’s bid/proposal any time prior to contract executi on, or, if determined after contract execution, shall be grounds for termination by the State.
The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submi t proposals in response to this noti ce.
Individuals and/or entities submitting bids/proposals to th e City of Visalia will n ot be discriminated against on the basis of race, religion, color, nationa l origin, ancestry, physical or mental disability, medical condition, gen etic in formation, mari tal status, gender, gender identity or expression, sexual orientation, or military and veteran status in any consideration leading to the award of contract.
The City reserves the right to reject al l Bids; to waive infor malities, tech nical defect s, and min or irregularities in Bids received; and to select the Bid(s) deemed most advantageous to the City.
IV. INSTRUCTIONS
1. Complete the attached Bidder’s Questionnaire.
2. Fill out Bid Form (Exhibit “A”) in ink or typewriting completely.
3. Cross out and initial mistakes in ink and place the correct response next to same.
4. Timely submit Bid in a sealed envelope addressed and marked as follows:
To: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, California 93291
From: Bidders Name & Mailing Address
Marked: Publishing Legal Advertisements
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5. Submit each of the req uired Certifications, Affidavits, Statements and Questionnaires as well as optional waiver(s) to City with the sealed Bid. City wi ll not con sider Bids which are not accompanied by the required completed forms.
6. Inquiries: Questions regarding this RFB m ay be directed to the Visalia Purchasi ng Division by calling 559 -713-4334. However, to prevent misinte rpretations, the RFB-21-22-34
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Purchasing D ivision wo uld prefer that all technical questi ons o r q uestions about the scope of work be sent in writing via email to [email protected].
Questions regarding this RFB are due no later than Thursday, January 12, 2023.
V. SCOPE OF SERVICES
A. Required Qualifications
1. Only Newspapers listed with Tulare County Recorder’s Office as “Adjudicated newspapers for publishing official notices for Visalia, CA” will be considered eligible to participate in this RFB.
2. Bidder must offer publication of legal notices a minimum of three (3) days per week.
3. Must be able to respond to ad placement requests and provide a “drafted” ad within the next workday.
4. Must hold a current City of Visalia Business Tax Certificate.
5. Must accept credit card payment from Requestor at time of ad placement.
B. Required Services of the Awarded Contractor:
1. Provide City with a sche dule which defines the days of the week which newspaper is published as well as the deadline by which City must make ad placement request to meet the particular publication date. For example:
Publication Day Deadline
Monday Noon on Friday prior
Tuesday Noon on Friday prior
Wednesday Noon on Monday prior
Thursday Noon on Tuesday prior
Friday Noon on Wednesday prior
Note: Include information regarding any alterations in schedule due to Holidays
2. Receive emailed request for publication from City (Requestor) containing in a word.doc format (or Contractor provided fillable form):
• the requested advertisement language
• Date(s) ad is to be published
• requestor’s credit card information for payment of ad being placed.
3. Contractor shall c onvert the ad to the typeface specification normally use d for such advertisements and reduce font size (if necessary) to a readable size. Size and font must meet all state and federal laws and regulations that may apply to a specific publication. In particular instances, actual printed font size or type of fon t may be specified by the City and s hall be printed by the vendor without additional charge.
4. Within the next workday, Contractor shall email to the Requestor the following:
o The “drafted” legal notice and confirmation of publication dates.
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▪ Requestor will review and approve or make any final edits
o Receipt for payment by credit card.
▪ Contractor shall email a n adjusted receipt (if City’s final edits affect the cost ).
Costs should be in alignment with the contracted rates defined by Contractor’s bid prices.
5. Contractor shall publish and pr int the approved Legal Ad vertisement i n Newspap er on the requested date(s).
6. Contractor shall mail a signed affidavit (proof of publishing) to th e City requestor as common practice. The affidavit shall include t he actual advert isement that was printed an d in clude dates the ad was published, a nd signature. The affidavit must certify that the advertisement was published on the specified da te(s). The City will require one (1) affidavit for each ad published.
C. City Responsibilities
The City of Visalia shall:
1. Provide a word.doc version of the advertisement language and requested publishing date(s) via email prior to the established deadline.
2. Promptly review the drafted legal ad/notice which has been prepared by the awarded consultant and make any edits or last-minute adjustments; return the fin al draft to the Contractor via email for publishing.
3. Compensate the agency at th e ti me of re questing ad placement, ac cording to the costs identified in Agreement. Payment shall be made by Requestor’s credit card.
VI. PRE-BID AND CONTRACT MEETINGS
1. A Non - Mandatory Pre-Bid Meeting. A non-mandatory pre-Bid meeting will be held on Thursday, January 5 , 2023 at 10:00am. at City of Visalia Council Chambers, 707 W.
Acequia Avenue, Visalia, CA. Attendance at this meeting is encouraged but not required to submit a Bid in response to this RFB. There will be time set aside for interested Bidders to ask questions about the contract/work. It shall be the responsibility of the Contractor to have acquired full knowledge of the job site, scope of work and any problems or difficulties that may affect the work proposed.
2. Post Award Meeting . Subsequent to the a ward of contract, the Contr actor (Awarded Vendor) shall meet with the Project Manager (Purchasing Agent) prior to the start of work to discuss any problems or qu estions that may arise. Contractor shall contact the Project Manager within ten (10) days of the date of the Notice to Proceed to arrange this meeting.
City Purchasing Agent: Elizabeth Forrester, Management Analyst Department: Finance/Purchasing
VII. BID OPENING AND CONFIDENTIALITY
1. Bid Opening. Bids shall be opened publ icly in the prese nce of attendees, if any, on Friday, January 20, 2023, at 2:00 P.M. in the City Council Chambers at Visalia City Hall, at 707 W Acequia, Visalia CA. The name of each Bidder and the amount of each RFB-21-22-34
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Bid shall be read aloud and w ritten on a bid summary sheet which is open to public inspection at the Bid opening and after an award decision has been made. Other Bid information will not be available for public review during the evaluation phase.
2. Bid Confidentiality. The City f avors full and open disclosure of all Bid records . The City will not expend public funds defending claims for access to, inspecti on of, or to be provided cop ies of any such records. By submitting a Bid, a Bid der agrees to indemnify and defend the City ag ainst all claims or actions brought against it to seek access to, or compel disclosure of, any records or documents in the City’s possession.
After th e award , th e City inte nds that its selection pr ocess will b e op en and public.
Respondents are advised th at the California P ublic Records Act (“PRA”) prov ides that any person ma y inspect, or be provided a copy of any identifiable public record or document that is not exempted from disclosure by the exp ress provisions of the Act.
The Federal Freedom of Informa tion Act (“FOIA”) c ontains a similar provision. Each Bidder shall clearly identify any information within its Bid that it intends to ask the City to withhold as exempt under either the PRA or F OIA. Any infor mation contained in a Bidder’s submission which the Bidder believe qualifies for exemption from public disclosure as “P roprietary” or “Confidential” must be identified as such a t the time of first s ubmission o f Bidder’s Bid to this RFB. Any fa ilure to ide ntify information contained in a Bidder’s Bid to this RFB as “Proprietary” or “Confidential” shall constitute a waiver of Bidder’s right to object to the release of such informa tion u pon reques t under either Act.
VIII. AWARD
1. Most Responsive, Responsible Bidder. A Contract (substantially similar to that attached hereto as Exhibit “C” with Attachments 1-2) shall be awarded with reasonable promptness by appropriate written notic e. Lowest Bidde r wil l be de termined by the
LOWEST TOTAL COST TO REACH EACH SUBSCRIBER FOR MONDAY THROUGH FRIDAY LEGAL ADVERTISING. Award shall be made to the lowest bidder, whose bid is deemed both responsive and responsible and meets the requirements and criteria set forth in th is RFB, price and other factors considered, and whose Bid is determined to result in the optimum econ omic advantage to the City. A responsible Bidder is one who has the capa bility, f inancial capacity and in tegrity to perform the contract. A responsive Bidder is one who commits to all of the material terms, for example, price, quantity, quality and delivery, of this RFB. Contractor must return a signed copy of the contract provided by the City with its A ward Notice to City within ten (10) working days of receipt thereof.
2. Reservation of Rights. The City reserves the right to reject any item or items in the Bid; to waive info rmalities, technical defects, and minor irregularit ies in Bids received; and to select the Bid(s) deemed most advantageous to the City.
IX. PROTESTS/APPEALS
Because it is essential that Bidders have confidence in the procurement p rocedures for soliciting and awarding contracts, it is the policy of the City to offer Bidders the opport unity to appeal award of contracts. The following procedures shall apply in regard to appeals:
1. Any actual Bidder who is aggrieved in connection with this RFB or award of a contract hereunder may protest to the City of V isalia Purchasing Division in writing within five (5) working days after such agg rieved Bidder knows, should have reasonably known, or could reasonably be expected to know of the facts giving rise thereto; and RFB-21-22-34
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2. Should ident ify only the areas regarding bid contradictions, procurement errors, quotation rating discrepancies, legality of procurement context, conflict of interest in the rating process and inappropriate or unfair compet itive procurement gri evance regarding the Bid process.
3. The City’s Purchasing Division shall have the authority to settle and resolve each protest. The resolution will be provided to Bidder in writing within five (5) working days of receipt of the appeal unless the Bidder is notified more time is required.
4. Further levels of appeal may be made in acc ordance with the appeals provision contained in C hapter 5 of th e C ity’s “Purc hasing and Contract Proce dures” which is available through City’s Purchasing Division.
X. SPECIAL CONDITIONS
1. Project Administrative Issues.
a. Completed Work. The successful Bidder shall be responsible for providing all materials, labor, equipment and services necessary to fulfill the requirements of this RFB.
b. Omitted Items . Project Mana ger is authorized to omit minor contract items.
Major items must be omitted by supplemental agreement.
c. Extra Work. Contractor is prohibited from doing ex tra work, unless authorized by City’s Contract Manager in writing and price agreed before the work is done.
d. Labor.
(1) Workmanship. Workmanship shall be equal to the best general practice of modern-day newspaper publishing.
(2) Qualification. Contractor shall ensure that each employee who works on this project is qua lified to perform their assigned duty in a pro fessional manner.
2. Legal Responsibilities. It is the r esponsibility of Contractor to comply with all local, st ate, and federal laws and regulations which apply to work under this contract. This includes, but is not limited to, compliance with Uniform Building, Plumbing, Mechanical , Electric, and Fire Codes.
Contractor sh all provide a safe working environment in compliance w ith the Occupati onal Safety and Health Act, and California Health and Safety Codes. A dditionally, Contractor shall secure all necessary permits, licenses, and similar requirements to carr y out the work of this contract. Contractor shall compl y with all a pplicable labor laws, and ensure against discrimination.
XI. GENERAL CONDITIONS
1. It is the policy of the City to provide equal opportunity to all candidates when selecting Bidders to provide public services. Bidders are expected to be equal opportunity employers.
The City hereby affirmatively ensures that Mi nority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit proposals in response to this notice. Individuals and/or entities submitting bids/proposals to the City of Visalia will not be RFB-21-22-34
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discriminated against on the basis of r ace, religion, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, sexual orientation, or military and veteran status in any consideration leading to the award of contract.
No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the ben efits of, or oth erwise be su bjected to discr imination under any program or activity that receives or benefits from Federal financial assistance.
Bidder shall provide to the City a list of all instances within the la st ten (10) years where a complaint was filed or pending against Bidder in a legal o r administrative proceeding alleging that Bidder discriminated against its employees, subcontractors, vendors or suppliers. A description of the status or resolution of th at complaint, including any remedial act ion taken is required.
2. Post-Closing Date Corrections are prohibited.
3. Bids will not be accepted unless sign ed in ink (not t yped) in th e appropriate space(s) by an authorized officer or employee of the Bidder.
4. Bids must be submitted on or before the Closing Date. Any Bids received after t he Closing Date shall be returned, unopened, to the Bidder, provided the request number, opening date, and Bidder's return address are on the envelope.
5. Bids may be withdrawn prior to the Bid Closing Date by writing to the Purchasing Division.
6. Telegraphic, t elephonic, ele ctronic and facsim ile Bids and withdrawal req uests will not b e accepted.
7. Prices submitted are considered accurate for a period of ninety (90) days and cannot be withdrawn after the Closing Date.
8. All Bids are the property of the City after submission.
9. City is not responsible for Bid errors and omissions.
10. Bids sho uld be prep ared in a straightforward, concise manner. Info rmation provided which was not specifically requested will be considered only in City’s discretion.
11. A written amendment o r ad denda issu ed by City’s Purchasing Division is the only method which should be relied on with respect to changes to the RFB. Respondent is responsible to contact City’s Purchasing Division prior to submitting a Bid to determine if any amendm ents were made to the RFB.
12. Prior to conducting business in the City, a business tax certificate (license) must be obtained.
Call 559-713-4326 for more information.
13. Bidder shall provide insurance as required by law and as indi cated in th e proposed contra ct (Exhibit C, Attachment 2, Insurance Requirements).
14. Bidder shall maintain all personnel files and payroll records for em ployees used to imple ment the proposed contract.
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15. Bidder shall withhold, pay and report all taxes and is sue W -2 for ms at the end of each calendar year for employees used to implement the proposed contract.
16. Pursuant to the City’s Charter, all other things being equal, tie Bids shall be awarded to a local merchant to the extent quality and prices are equal. If neither is a local vendor , the Bid shall be awarded by the flip of a coin by the Purchasing Division in the p resence of at least one witness.
17. The City may make such investigation of the Bidder and information in the Bid as it determines necessary. Thi s may inclu de the collection of criminal h istory in formation, contractu al a nd business associations and practices, employment histories and reputation.
18. All California ag encies may purchase off the Awarded Proposal at the same prices, terms , conditions and specifications. The City of Visalia shall incur no responsibility in connection with another agency’s purchase.
19. Each Bidder will be r equired to submit Certifications, Affidavits, Assurances, Statements and Questionnaires which are attached as Exhibits.
20. The quantities given o n th e Bid Proposal form a nd any related co ntract documents are approximate only. They are given as a basis for comparison of Bids. The City of Visalia does not, expressly or impliedly agree that the actual amount of work will correspond therewith but reserves the righ t to increa se or decrease th e amount of any class or po rtion of work, or to omit portion of the work, as the City deems necessary or advisable, at the prices Bid.
21. Bidders shall satisfy themselves by perso nal e xamination of the specifications, plan s, a nd other contract documents and by any other means as they believe necessary, as to the actual physical conditions, requirements, and difficulties under which the project must be performed.
The submission of a Bid shall be conclusive evidence that the Bidder has investigated, and is satisfied as to the condit ions encountered, as to the character, quality, and quanti ties of work to be performed, and the materials to be furnished, and as to the requirements of the RFB and the City. No allowance shall subsequently be m ade because of la ck of such examination or knowledge.
22. All Bidders are re quired to make Bid by completing the Bid Forms provided with this RFB :
Exhibit “A-1” Bidder’s Questionnaire and Exhibit “A.2”, Bid Form.
23. No mention shall be ma de in the Proposal of sales ta x, us e tax or any other t ax, as a ll amounts Bid will be deemed and held to include any such taxes, which may be applicable.
24. Only one Bid may be submitte d as a “ Prime Contractor” for the same work by any firm, individual, partnership, corporation or combination thereof. A Contractor submitting a Bid as a Prime Contractor may not also submit sub -Bids to other competing Prime Contractors.
Reasonable ground s for believing that any individual, firm, partnership, corporation o r combination thereof is inter ested in more than one Proposal for t he work contemp lated will cause the re jection of all Proposals in which such individual, firm, partner ship, corporation or combination thereof is interested. A C ontractor who is not submit ting a Bid as a Prime Contractor may submit any number of sub-Bids to competing Prime Contractors.
25. The City of Visalia is not lia ble for any costs incurred by Bidder in responding to this Request for Bid.
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26. The contract resulting from this invitation to bid will be administered by the Purchasing Division and shall be the final judge con cerning issues or matte rs related to contract interpretation or problems regarding the terms, conditions or scope of the contract.
2277.. The contract term shall be for a twelve (12) month period. Contract shall be begin upon receipt of a fully executed contract and purchase order from the City of Visalia.
28. All prices quoted in response to this Invitati on to Bid shall be firm and fixed fo r the twelve (12) month term of the contract.
29. This contract may be t erminated without cause by th e City, in whole or in part , by giving the Contractor fifteen (15) d ays wri tten notice of the intent to terminate whenever the City determines that termination is in the best interest of the City.
If the Contractor shall fail to provide services or perform satisfactorily the work required by the terms and conditions of th e contract, or materially breaches any of its obligati ons under this agreement the City may terminate the contract, in whole or in p art by writ ten notice.
Termination shall take effect t en (10) calendar days after the date of mai ling said termination notice.
Awarded Contractor may not assign, sublet or transfer interest of the contractor in whole or in part.
Notwithstanding any other provisions of this agreement, this agreement may be terminated by the City upon a single violation of this agreement.
XII. POST AWARD RESPONSIBILITIES
1. Written Contract with City. A written agreement in a form similar to that attached to this Request for Bid as Exhibit “C” with Attachments 1-2 must be entered into between the City and the Contr actor to whom the project is award ed. The Agreement forms the basis for the cont ractual obligation between the pa rties regarding the project. A contract will be provided with the Notice of Award and must be exec uted and returned to City wit hin ten (10) w orking days of the date of award n otification unless otherwise agreed.
2. Post-Award Responsibilities. Upon executi on of the Agreement between the City and the Contractor, the Contracto r shall i mmediately report al l change s in its Articles of Incorporation, By-Laws, or Tax-Exempt status to the City.
3. Insurance. Contractor shall obtain and maintain the minimum insuranc e coverage outlined Exhibit “C” , Attachment 2. Contractor shall provi de eviden ce of such insurance to City’s Purchasing Division prior to commencement of work.
Upon determination by the City that a contract has been ente red and Contractor has provided a ll of the information that it is required to p rovide pursuant to this RFB, City will issue, in writing, a notice to proceed on the project to Contractor.
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EXHIBIT “A.1”
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BIDDER’S QUESTIONNAIRE
CIRCULATION/SUBSCRIPTION/PUBLISHING INFORMATION
Bidder to respond to the questions below. Responses will be used to determine whether Bidder meets qualification requirements and demonstrates a consistent readership in Visalia, CA.
Name of Newspaper:__________________________ Bidder’s Name:_________________________
Mailing Address:__________________________City:________________State:_______Zip:________
Date of Current Adjudication:____________________ Expiration Date: ________________
Subscriber information: Indicate in the chart below, Bidding Agency’s Paid Subscriptions for the past six (6) months (number of accounts).
Monthly Paid Subscriptions
April
2022
May
2022
June
2022
July
2022
August
2022
September
2022
Average
Mail & Home Delivery
Subscriptions (in Visalia)
Online Subscriptions (Any location)
Average Number of Monthly Subscribers
This amount to be used on Bid Form, Exhibit A.2
*City of Visali a reserves the right to request proof of circula tion numbers (s ubscription list) by month for verification purposes.
Publishing Schedule: Number of day(s) per week published/printed:_____
Please check days published/printed: Mon___ Tues___ Wed___ Thurs___ Fri___ Sat___ Sun___
In the space below, Bidder is to provide schedule of offered publication days and indicate deadline for submitting publication requests. Include information regarding any alterations in schedule due to Holidays If Saturday or Sunday publication is not available, please write “N/A”.
For example: Publication Day Deadline
Monday Noon on Thursday prior
Tuesday Noon on Friday prior
Wednesday Noon on Monday prior
Thursday Noon on Tuesday prior
Publication Day Deadline
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BIDDING AGENCY:____________________
EXHIBIT “A.2”
BID FORM, RFB NO. 21-22-34
Project: Publishing City of Visalia’s Legal Advertisements
TO: THE CITY OF VISALIA PURCHASING DIVISION:
In compliance with the City’s N otice Inviting Sealed Bids No. 21-22-34 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, appurtenances and incidentals required for the above stated project as set forth in the RFB, including all Exhibits and related contract d ocuments therefor e, and to perform all wor k in the manner and time pre scribed therein.
BIDDER d eclares that this p roposal is based upon careful examination of the Scope of Work , Instructions to BIDDERs, and the cont ract requ irements. If this propos al is accepted for award, BIDDER agrees to enter a contract with CIT Y at th e unit and/or lump sum pric es set f orth in the following Bid Schedule.
BIDDER understands that a bid is req uired for the en tire work and that final compensation under the contract will be based upon the actual quantities of wo rk satisfactorily co mpleted. It is agreed that prices bid include all costs, including appurtenant expenses, taxes, royalties and fees. All bids will be checked for ac curacy. In the case of discre pancies in amount s bid, u nit pr ices sha ll govern over extended amounts.
BIDDER hereby agr ees to execute a contract within ten (10) working days, or such further time as may be allowed in writing by the Purchasing Division, after receiving notification of the acceptance of this Bid, and it is hereby mutually understood and agre ed that in case t he BIDDER does not, said Purchasing Division may proceed to award the contract to others.
BIDDER agrees to commence the work on the sta rt date agreed betwee n BIDDER and Contract Manager, only after the contract is fully executed and Notice to Proceed has been issued.
BIDDER further declares that he/she has not either directly or indirectly en tered into any agreement, participated in any collusion, or otherw ise taken any action in res traint of free competitive bidding in connection with said bid.
BIDDER understands that quantities given on t he Bid form and any related contract documents are estimates only . They are given as a b asis f or comparison o f Bids. T he City of Visalia does not, expressly, or impliedly agree that the actual amount of work will correspond therewith and reserves the right to increase or decrease the amount of work as needed, at the prices Bid.
Lowest B idder shall be based on th e Lowest Total Cost to reach each subscriber for Monday through Friday publishing of Legal Advertisements. Award shall be made to the lowest bidder, whose bid is deemed both responsive and re sponsible and meets the requirements and criteria set fo rth in this RFB, price and other factors co nsidered, and whose Bid is determined to result in the optimum economic advantage to the City. Compensation under this contract will be based on actual quant ities of work completed.
BIDDER has rea d and hereby agrees to t he cond itions stated in this propos al by affixing his/h er signature on the Bid Form.
RFB-21-22-34
Legal Advertising
FOR BIDDING PURPOSES and comparison of bids, Bidder is to assume the following:
• Single width column width for legal ads, will be deemed to be approximately 1.5 inches wide. • Length of column shall be deemed to be 3.75 horizontal inches. • Ad request will include publishing on two (2) separate dates a minimum of five (5) days apart (no weekend publishing).
Step 1: Bidder to provide Unit Pricing for 1st & 2nd Advertisement dates to calculate the Total Unit Price.
Step 2: Enter the Total Unit Price in Column A.
Step 3: Multiply Column A x Column B to calculate Total Ad Cost. Enter that figure in Column C.
Step 4: Enter Average Number of Monthly Subscribers in Column D. (should be reflective of the amount listed on Exhibit “A.1”.
Step 5: Divide Column C total by Column D total to calculate Total Cost to Reach Each Subscriber and enter in Column E.
Prices bid include all labor materials, taxes, tools and incidentals to publish and print legal ads for the City of Visalia, including cost for affidavits of publication per Specifications of RFB-21-22-34, Legal Ad Publishing.
Unit Price (Price per horizontal inch)
1st Publish Date of Ad $________/inch
2nd Publish Date of Ad $________/inch
Total Unit Price for Ad $________/inch (use this figure for Column A)
A x B = C ÷ D = E
Total Unit Price
(Price per
horizontal inch)
Quantity
(Ad length in
horizontal inches)
Total Ad
Cost
Average Number
of Monthly
Subscribers
(from Exhibit A-1)
Total Cost to Reach
Each Subscriber
$_______/inch
x
3.75 inches
=
$_______
_
÷
___________
=
$_____________
Low Bidder will be based on the lowest cost to reach each subscriber (Column E).
Alternate Item: Weekend Advertising Price: In the event that the City requests a Legal Ad to be published on a Saturday or Sunday, Bidder to indicate Unit Cost below (if offered).
Alternate Item: Bidder is to provide pricing for Saturday and Sunday publishing (if offered). Write “N/A” if not available.
Saturday or Sunday
Legal Ad Publishing
$____________________/per horizontal inch
(1)_______________________________________________________________________________________ Bidding Firm
(2)_______________________________________________________________________________________ Corporation, Partner, Joint Venture
(3)_______________________________________________________________________________________ Business Address City State Zip Code
RFB-21-22-34
Legal Advertising
_(____)___________________________________________________________________________________ Telephone Number Email Address
(4)_______________________________________________________________________________________ Signature of Authorized Person Title of Person Signing (Date) Type or Print Authorized Person’s Name
PLEASE SEE THE FOLLOWING INSTRUCTIONS REGARDING SIGNATURE
(1) If the BIDDER is an individual, enter name here in style used in bu siness; if a joint venture, exa ct name of entities joining in the venture; i f a partnership, the correct trade style of the partnership; if a corporation, the exact name of the corporation.
(2) If BIDDER is oth er than an in dividual, identify here its char acter, i.e., joint venture, par tnership, corporation, including the state of incorporation. If BIDDER is an individual operating under a trade name, state “an individual dba (trade name in full)”.
(3) State on this line, the address to which all communica tions and notices regarding the Bid Proposal, and any contract awarded thereunder, are to be addressed.
(4) If BIDDER is a joint venture, signature must be by one of the joint ventu rers, and if one or both of t he joint venturers is a partnership or a corp oration, each participating par tnership must sign by a general partner, and each corporation by an author ized offi cer or employee; i f a partnership, by a general p artner; if a corporation, by an authorized offic er or employe e. The title of the person sign ing must appear after his/her signature. Where BIDDER is a partnership or c orporation, the name s of all other general p artners, or the president or secretary of the corporation and their business addresses must be shown below.
Note: All names must be typewritten under written sign ature. All Addresses must be complete with st reet number, city, state and zip code.
City of Visalia Business Tax Certificate No.: _____________________________
Federal Tax I.D. No.: ____________________________________________________
REFERENCES: The following are the names, addresses, and telephone numbers for at least three (3) agencies for which B IDDER has published legal notices/legal advertisements, within the past two (2) years.
Company Name Address Tel. No. Contact
1.________________________________________________________________________________
2.________________________________________________________________________________
3.________________________________________________________________________________
DESIGNATION OF SURETIES: The following are the nam es, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance.
Company Name Address Tel. No. Type ___________________________________________________________________________ ___________________________________________________________________________
RFB-21-22-34
Legal Advertising
Submit with Bid/Proposal
EXHIBIT “B-1”
NON-COLLUSION AFFIDAVIT
STATE OF CALIFORNIA )
) ss
CITY OF VISALIA )
_________________________, being firs t duly sworn, deposes and says that he or she is ___ ______ of __________ the par ty making the foregoing Bid; that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporati on; that the Bid is genuine an d not collusive or sha m; that the BIDDER has not d irectly or in directly induced or solicited any other BIDD ER to put in a false or sham Bid , and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put i n a sham Bid, or that anyone shall refrain from Bi dding; that t he BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the BIDDER or any ot her BIDDER, or to fix any over head, profit, or cost element of the Bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contai ned in the Bid are true; and, further, that the BIDD ER has not, directly or indi rectly, submi tted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information o r data relative thereto, or paid, and will not pay, any fee t o any corporation, partnership , company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid.
Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal:
State of California
County of ________________________
On this __________ day of _______________before me, ___________________________________________, a Notary Public,
personally appeared ____________________________________________,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct
WITNESS my hand and official seal.
Signature __________________________________ (Seal, if any) A notary public or other officer completing this certificate verifies only the identity of the individual who sig ned the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
RFB-21-22-34
Legal Advertising
Submit with Bid/Proposal
EXHIBIT “B-2”
WORKERS’ COMPENSATION INSURANCE CERTIFICATE
(CALIF. LABOR CODE § 3700)
STATE OF CALIFORNIA )
) ss
CITY OF VISALIA )
I am aware of t he provisions of Sec tion 3700 of the Labor Code which requires every employer t o be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provis ions of that code, and I will comply with such provisions be fore commencing the performance of the work under this contract.
Company: ______________________________________________
Business Address: ______________________________________________
Signature: ______________________________________________
Name of Signing Official: ______________________________________________
Title of Signing Official: ______________________________________________
Date: ______________________________________________
Company Seal (if any):
RFB-21-22-34
Legal Advertising
Submit with Bid/Proposal
EXHIBIT “B-3”
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)
Equal Opportunity Clause
Unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Execu tive Orders 10925, 11114 or Section 204 o f Executive Order 11246 of September 24, 1965, during the performanc e of each contract with the City of Visalia, the BIDDER agrees as follows:
1. The BIDDER will not discriminate again st any employee or applicant f or employment because of race, color, religion, gender, national origin or political affiliation. The BIDDER will take affirmative action to ensure that applicants are employed, and that employees are treated during employmen t, without regard to their rac e, color, religion, gender, national origin or political affiliation. Such action shall include, but not be limited to, the following: emp loyment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selec tion for training, including apprenticeship.
The BIDDER agrees to p ost in conspicuou s places, ava ilable to employees and appl icants for e mployment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
2. The BIDDER w ill, in all solicitations or advertisements fo r employees, plac ed by or on b ehalf of the BIDDER, state t hat all qual ified appl icants will receive consideration for employment without regard to race, color, religion, gender, national origin or political affiliation.
3. The BIDDER will send to each lab or union or repre sentative of workers with which he has a collective bargaining agreement or other contract or unders tanding, a notice to be provid ed by the agency contracting officer, advising the labor union or the workers’ representative of the BIDDER’s commitments under Section 202 of Executive Order 11246 of September 2 4, 1965, and shall post copies of the notice on conspicuous places available to employees and applicants for employment.
4. The BIDDER will comply with all provisions of Executive Orde r 11246 of Septem ber 24, 1965, and the rules, regulations and relevancy orders of the Secretary of Labor.
5. The BIDDER will furnish all informat ion and reports required by Executive Ord er 11246 of September 24, 1965, and by the rules, regulations and re levant orders of the Secretary of Labor, or pursuant there to, and will permit access to his books, records and accoun ts by the contracting agency a nd the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.
6. In the event of the BIDDER’s non-compliance with the non-discrimination clauses of this subcontract or with any of such rules, reg ulations or orders, this subcontract may be canceled, terminated or suspended, in whole, or in part and the B IDDER may be decl ared ineligible for further government co ntracts in a ccordance with the procedures authorized in acc ordance with Executive Order 1 1246 of September 24, 1965, and such other sanctions may be imp osed and remedies invoked as provided in Execu tive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law.
7. The BIDDER will include the provisions of Paragraphs (1 ) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that s uch provisions will be binding upon each SUBBIDDER or vendor. The BIDDER will take such action with respect to any subcontrac t or purchase order as the contracting ag ency may dir ect as a m eans of enforcing such provisions inc luding sanctions for non - compliance. Provided, however, that in the ev ent the B IDDER becomes involved in, or is threatened with litigation with a SUBBIDDER or vendor as a result of such direction by the contracting agency, the BIDDER may request the United States to enter into such litigation to protect the interest of the United States.
Company Name:_________________________________________
Business Address:___________________________________________________________________________________________ Signature: _________________________________________________________________Date:____________________________ Name of Signing Official (Print or Type):_____________________________________________ Title of Signing Official: ______________________________________________ Company Seal (if any):
RFB-21-22-34
Legal Advertising
Submit with Bid/Proposal
EXHIBIT “B-4”
AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE
By submission of a bid, the BIDD ER certifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. seq., and will maintain compli ance throughout the life of this Contract. By commencing performance of the Contract work, the selected BIDD ER certifies to the Americ ans with Disabilities Act compliance.
Company: ______________________________________________
Business Address: ______________________________________________
Signature: ______________________________________________
Name of Signing Official: ______________________________________________
Title of Signing Official: ______________________________________________
Date: ______________________________________________
Company Seal (if any):
RFB-21-22-34
Legal Advertising
Submit with Bid/Proposal
EXHIBIT “B-5”
CITY OF VISALIA, CA
Ownership Disclosure for Contractors and Consultants
NAMES OF PRINCIPALS, PARTNERS, AND/OR TRUSTEES:
Firm Name: _________________________________________________________ Firm Address: _________________________________________________________
List the names of all principals, partners, and/or trustees. For co rporations provide names of off icers, directors and all stockholders owning more than 10% equity interest in corporation:
Submitted by: Name __________________________________________________________ Date __________________________________________________________
RFB-21-22-34
Legal Advertising
Submit with Bid/Proposal
EXHIBIT “B-6”
STATE OF CALIFORNIA
DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (REV.12-93)
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.
CONTRACTOR/BIDDER FIRM NAME
FEDERAL ID NUMBER
BY(Authorized Signature)
DATE EXECUTED
PRINTED NAME AND TITLE OF PERSON SIGNING TELEPHONE NUMBER (Include Area Code)
( )
TITLE
CONTRACTOR/BIDDER FIRM’S MAILING ADDRESS
The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above named contractor or grant recipient will:
1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).
2. Establish a Drug -Free Awareness Program a s required by Government Code Section 8355(b), to inform employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.
3. Provide as required by Government Code Section 8355©, that e very employee who works on the proposed contract or grant:
(a) Will receive a copy of the company’s drug-free workplace policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or grant.
4. At the election of the contractor or grantee, from and after the “Date Executed” and until ____________ (NOT TO EXCEED 36 MONTHS), the state will regard this certificate as valid for all contracts or grants entered into between the contractor or grantee and this state agency without requiring the contractor or grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, than the terms and conditions of this certificate shall have the same force, meaning effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency.
RFB-21-22-34
Legal Advertising
EXHIBIT “B-7”
Submit with Bid
IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:
⃝ The Contractor is not:
(1) Identified on the current list of persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or
(2) A financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list o f persons and entities engaging in investment activi ties in Iran prepared by the Califo rnia Department of General Servi ces in accordance with subdivision (b) of Public Co ntract Code Section 2203, if that person or entity uses or will use the credit to prov ide goods or services in the energy sector in Iran.
⃝ The City has exempted the Contra ctor from the requirements of th e Iran Contracting Act of 2010 after making a publi c finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract.
⃝ The amount of the Contract payable to the Contractor for the Pr oject does not exceed $1,000,00 over the life of the contract.
Signature:___________________________________ Printed Name:_______________________
Title:_____________________________________ Agency Name:____________________________
Date:____________________
Note: In accordance with Public Contract Co de Section 2205, false certification of this form shall be reported to the California Attorney General and ma y result in civil penalties eq ual to the greater of $250,000 or twice the Contract amount, termi nation of the Contract and/or eligibility to bid on contracts for three years.
RFB-21-22-34
Legal Advertising
SAMPLE CONTRACT EXHIBIT “C”
PUBLISHING OF LEGAL ADVERTISEMENTS
(City of Visalia Bid No. 21-22-34)
This Agreement, entered into and effective this ________ day of ________________, 2023 [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ h ereinafter referred to as the “CONTR ACTOR”, “BIDDER”, or “VENDOR”.
R E C I T A L S
WHEREAS, CONTRACTOR is an ____________________ (insert individual or entity type) with a primary business address of ____________________ and SSN or EIN: ____________________; and
WHEREAS, CITY is a municipal corporation and Charter Law City and has solicited Bid No. 21-22- 34 for publishing of Legal Advertisements as required by City’s Charter;
WHEREAS, City of Visalia r eviewed and evaluated responses to the Bid and determined to award a contract to CONTRACTOR for the Publishing of City’s Legal Advertisements; and
WHEREAS, CONTRACTOR represe nts it is licensed, qualified and wil ling to complete the work pursuant to terms and conditions of this Agreement.
NOW, THEREFORE, CITY and CONTRACTOR agree as follows:
1. TERM:
The term of this Agreement shall commence on the Effect ive Date and shall remain in effect for a twelve (12) month unless earlier terminated by either party. At the conclusion of the 12-month period, the City shall again call for bids for this service as required by the City Charter.
This Agreement may be terminated for convenience. In the event of termination or ex piration of this Agreement, CONTRACTOR sh all transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.
2. ATTACHMENTS INCORPORATED:
The following are attachments fo r this Agreement. Said attachments are incorporate d into this Agreement as if included in full in the body:
ATTACHMENT DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 21-22-34, Publishing Legal Notices/Legal Advertisements Attachment 4 CONTRACTOR’s bid in response to Bid No. 21-22-34
3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:
CONTRACTOR s hall p rovide the following services for the stated compensation on or be fore the stated completion dates (“Scope of Services”):
RFB-21-22-34
Legal Advertising
All work described in Scope of Services in Bid No. 21-22-34.
4. CITY COMMITMENTS:
CITY shall perform the following tasks on or before the stated completion dates:
TASK COMPLETION DATE
Pay Contractor by Credit Card at time of each Ad Placement Request As requested by Contractor
5. COMPENSATION:
CITY shall pay CONTRA CTOR compensation for services as indicated in Paragr aph 4 above; however, CITY shall pay not more than the following amount as total co mpensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY at time of publishing request, based on CONTRACTOR’S stated bid prices.
6. CONTRACT PRICE:
All prices shall be firm and fixed for the twelve (12) month contract term.
IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.
CONTRACTOR
Dated: _______________ By:______________________________________________________ Authorized Officer: I certify under p enalty of perju ry under the laws of the State of California that I am fully authorized to execute this Agreement for CONTRACTOR in the capacity I ha ve stated, and that such execution is sufficient to bind the CONTRACTOR.
CITY OF VISALIA
Dated: _______________ By:_________________________________________________ City Manager
Dated: _______________ By:_________________________________________________ City Attorney
Dated: _______________ By:_________________________________________________ City of Visalia Risk Manager
Dated: _______________ By:_________________________________________________ City of Visalia Project Manager
Total Compensation: $ Contractor’s Stated Bid Price - Not to exceed $80,000 annually Source of Funds: Assigned by Project
Payment Schedule: Payment will be made at time of publishing request RFB-21-22-34
Legal Advertising
Exhibit “C”
Attachment 1
GENERAL CONTRACT PROVISIONS
A. Successors and Assigns: This Agreement shall be bind ing upon and shall inure to the benefit of any successors to or assigns of the parties.
B. Prohibition of As signment: Neither party shall as sign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.
C. Notices: Noti ce shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONT RACTOR, or if sent via the United States Postal Service, postage prepaid, addressed as follows:
CITY OF VISALIA CONTRACTOR
707 W. Acequia Ave. _______________________
Visalia, CA 93291 _______________________
Attention: City Clerk Attention: _____________
D. Independent Contractor: It is understood and agreed by the parties herein that CONTRACTOR, in the performance of this Agreement, shall act as an i ndependent contractor, and therefore shall obtain no ri ghts to any fringe benefits that accrue to regular full-time CITY employees.
E. Jurisdiction/Venue/Waiver Of Removal : This Agreement shall be administe red and interpreted under the laws of the State of California. Jurisdiction of li tigation arising from this Agreement shall be in California. Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be br ought in Tulare County, California. The CONTRACTOR hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.
F. Integration/Modification: This Agreement and each of the documents and exhibits o r attachments referenced herein , wh ich are incorporated by reference, represents the ent ire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those mat ters covered hereunder.
This Agreement may not be modi fied or altered except in writing signed by the parties, unless otherwise explicitly authorized.
G. Conflict With Law : If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, nul l and void insofar as it is in conflict with said law, bu t the remainder of the Agreement shall be in full force and effect.
H. Indemnification: The CONTRACTOR waives any and all claims and recourse against the CITY, including the right of contribution of l oss or damage to person or property arising from, growing out of, or in any way connected with or incidental to the CONT RACTOR’s performance of this Agreement, except claims arising from the concurrent or sole negligence of the CITY or its officers, agents or employees. The CONT RACTOR will indemnify, hold harmless, and defend (at CITY’s option) the CITY against any and all claims, demands, damages, costs, expenses, or liabili ty arising out of the CONTRACTOR’s performance of t his RFB-21-22-34
Legal Advertising
Agreement except for liabil ity arising out of the c oncurrent or sole negligence of t he CITY or its officers, agents, or employees.
I. Attorney’s Fees: In the event either party commences any action , a rbitration o r legal proceedings for the enforcem ent of this Agreement, the prev ailing party, as determ ined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court c osts incurred in the action brought thereon.
J. Headings: Section h eadings are provided for organizatio nal purposes only and do not in any manner affect the scope or intent of the provisions thereunder.
K. Firearms Prohibited: Guns may not be carried by contractors /vendors/ consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.
L. Executive Order N-6-22 – Russia Sanctions
On Mar ch 4, 2022, Governor Gavin News om i ssued Executive Order N -6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individua ls. “Economic Sanctions” refers to sanctions imposed b y the U.S. government in response to Russia’s actio ns in Ukraine, as well as any s anctions imposed under state law. The EO directs state ag encies to terminate contracts with, and to refrain from enterin g any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for terminati on of this agreement.
The State shall provide Contr actor advance written notice of such termination, allowing Contractor at least 30 calend ar days to provide a written response. Termination shall be at the sole discretion of the State.
RFB-21-22-34
Legal Advertising
Exhibit “C”
Attachment 2
INSURANCE REQUIREMENTS
1. CONTRACTOR Insurance. CONTRACTOR, at its s ole cost and expense, for the full term of this Agreement (and any extensions thereof), shall obtain and maintain at a min imum compliance with all of the following insurance co verage(s) and requirements. Such insurance cover age shall be primary coverage a s respects CITY and any insurance or self -insurance maintained by CITY shall be in excess of CONTRACTOR’s insurance coverage and shall not contribute to it.
2. Subcontractor(s’) Insurance. If CONTRACTOR utilizes one or more su bcontractors in the performance of th is Agreement, CONTRACTOR shall obtain and maintain in dependent insurance as to each subcontractor or otherwise provi de evidence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR.
3. Types of Insurance and Minimum L imits. The following types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:
a. Worker’s Compensation written in accordanc e with the laws of the State of Ca lifornia providing coverage for any and all employees of CONTRACTOR in the minimum statuto rily required coverage amounts;
b. Professional Liability Insurance Coverage, in an amount not less than One Mi llion Dollars ($1,000,000).
c. Automobile Liability Insurance for each of CONTRACTOR’s vehicles used in the performance of this Ag reement, including owned, non -owned (e.g. owned by CONTRACTOR’s e mployees or contract ors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurren ce for bodily injury and property damage.
d. Comprehensive or Commerc ial General Liabili ty Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:
(1) bodily injury;
(2) personal injury;
(3) broad form property damage;
(4) contractual liability;
(5) cross-liability;
(6) products and completed operations liability
4. Other Insurance Provisions.
If any insurance coverage required in this Agreement is provided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to mainta in the required coverage for a peri od of three (3) years after the expiration of this Agreement (hereinafter “post agreement coverage”) and any extensions thereof. CONTRACTOR may maintain the required pos t agreement coverage by renewal or purchase of prio r acts or tail coverage. This prov ision is contingent up on post agreement coverage bein g both availab le and reasonably affordable in relation to the cove rage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost RFB-21-22-34
Legal Advertising
not exceeding 100% of the last an nual policy premium du ring the ter m of this Agreement in order to p urchase prior acts or tail cove rage for post agreement coverage shall be deemed to be reasonable.
5. Endorsements.
All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:
a. The City of Visalia, its officers, agents, employees, representatives, and volunteers are added as additio nal insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.
b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.
c. This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W.
Acequia, Visalia, CA, 93291
6. Proof of Coverage.
CONTRACTOR agrees to provide its insurance broker(s) with a ful l copy of these insura nce provisions and provide CITY on or before the effective date of this Agreement with Certificate(s) of Insurance for all required coverages. Copi es of all the required Endorsements shall be attached to the Certificate(s) of Insurance or other evidence of insurance acceptable to the City of Visalia, which shall be provided by CO NTRACTOR’s insurance company as evidence of the stipulated coverages. This Proof of Coverage shall then be mailed to the C ity of Visalia at the following address:
City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division