, I.1 CITY COUNCIL SUMMARY REPORT. Agenda No. Key Words: Legal Publications RFP Meeting Date: January 13, 2015 PREPARED BY:

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1 Agenda No., I.1 Key Words: Legal Publications RFP Meeting Date: January 13, 2015 SUMMARY REPORT CITY COUNCIL PREPARED BY: Douglas L. White, City Attorney RECOMMENDATION I REQUESTED ACTION: Consider the responsiveness of the bid for legal notice publication services for the City of Dixon for the remainder of the fiscal year from The Dixon Tribune and direct staff on future actions, including options: 1. Adopt a Resolution of the City Council of the City of Dixon, California, declaring the bid by The Dixon Tribune to provide legal notice publication services for the City of Dixon for the remainder of the fiscal year responsive and authorizing the city manager to enter into a contract with The Dixon Tribune for such services; or 2. Adopt a Resolution of the City Council of the City of Dixon, California, rejecting all bids to provide legal notice publication services for the City of Dixon for the remainder of the fiscal year and authorizing the City Clerk to re-advertise a request for proposals; or 3. Motion to determine that the bid submitted by The Dixon Tribune is nonresponsive to the City's request for proposals and direct staff to issue a written notice of such non-responsivity to The Dixon Tribune with an opportunity to rebut such finding. BACKGROUND I DISCUSSION I ANALYSIS: The California Public Contract Code requires that, if more than one newspaper of general circulation is located with the city, the city must give every qualified newspaper an opportunity to bid on the service of publishing the city's legal notices. The duration of the contract is for each fiscal year. (Pub. Contract Code ) The City is authorized to weigh other factors against overall cost. (Diablo Beacon Printing & Pub. Co. v. City of Concord (1964) 229 Cal.App.2d 505 at 508). Presently, the City divides its contract for legal notice publication services between two newspapers: the Independent Voice and The Dixon Tribune. It is the practice of the City Clerk to track the amounts paid to each newspaper and to alternate publication of legal notices in each newspaper in a way that ensures the amount paid to each remains balanced.

2 In accordance with the California Public Contract Code, the City has published a notice inviting bids for the publication of legal notices for the fiscal year multiple times. However, none of the notices inviting bids have resulted in a contract for legal publication services for the fiscal year. On November 25, 2014 the City Council directed the City Clerk to issue a request for proposals ("RFP") for legal notice publication services for the remainder of the fiscal year. The City Clerk caused such RFP to be submitted for publication on December 11, The RFP stated that the deadline for submitting bids was 3:00 p.m. on December 30, The RFP required that bidders publish at least three (3) times per week and be a newspaper of general circulation for the City. The RFP also stated that the City would consider the following criteria when evaluating bids: (1) bid price; (2) number of times newspaper is published per week; (3) newspaper printing practices must remain in the same format as is the newspaper's typical and customary practice for its publications; (4) newspaper distribution is reliable and consistent; and (5) newspaper is adjudicated as a newspaper of general circulation for the City. The RFP requested that the bidder (1) describe the business entity type; (2) list how and where the non-paid distribution newspapers are distributed; and (3) include the newspapers' most recent Statement of Ownership, Management and Circulation form if the newspaper mails its publication under the United Postal Service classification of "periodical". At 3:00 p.m. on December 30, 2014 the City had only received one bid from The Dixon Tribune, which is attached to Resolution A. The bid from The Dixon Tribune stated that the rate for a standard column inch (as defined in the request for proposals) would be Five Dollars and Fifty Cents ($5.50) if the contract is exclusive and Six Dollars and Fifty Cents ($6.50) if the contract is shared. The bid from The Dixon Tribune stated that the newspaper has the following distribution within the City: Sunday: 678 paid subscriptions and 3,413 un-paid distribution; Wednesday: 678 paid subscriptions and 646 un-paid distribution; and Friday: 678 paid subscriptions and 646 un-paid distributions. A. Statement of Ownership and Circulation. The RFP stated that the bid "must" include the most recently filed Statement of Ownership, Management and Circulation if the newspaper circulates under the United States Postal Service mailing classification of periodical. This requirement was added to the RFP due to concerns in the past that bidders were not properly filing with the United States Postal Service. The Dixon Tribune does mail its publication to subscribers under the mailing classification of periodical. However, The Dixon Tribune did not include a Statement of Ownership, Management and Circulation with its bid. A bid is responsive if it promises to do what the bidding instructions demand. (Williams v. Clovis Unified School District (2007) 146 CA4th 757.) Even if there is an inconsequential discrepancy in the bid, it may still be responsive if it substantially conforms to the RFP. (Ghilotti Construction Co. v. City of Richmond (1996) 45 Cal.AppA th 897, at 904.) A bid may substantially conform to the RFP as long as the discrepancy: (1) does not affect the amount of the bid; (2) does not give a bidder advantage over the others; (3) is not a potential vehicle for favoritism ; (4) does not

3 influence potential bidders to refrain from bidding; or (5) does not affect the ability to make bid comparisons. (ld.) Weighing the circumstances, the City Council must determine if a failure to submit a Statement of Ownership, Management and Circulation with the bid is an inconsequential discrepancy. B. Ownership Structure. The RFP required the name of the contractor and the type of business entity. The Dixon Tribune listed "The Dixon Tribune" as the contractor and marked "corporation" for type of business entity. The corporation designation appears to be for the parent company, rather than the subsidiary, The Dixon Tribune. Ideally, the bidder would have marked the business entity type that corresponds with the contractor (rather than the parent corporation). However, the RFP did not specify this. Therefore, the information provided is compliant with the instructions of the RFP. C. Circulation Information. The RFP requested bidders to specify the circulation numbers for paid subscriptions and unpaid subscriptions. As stated earlier, The Dixon Tribune listed these numbers in the bid. The RFP also asked the bidders to describe where and how the unpaid subscriptions were distributed. The Dixon Tribune noted that these unpaid subscriptions are disbursed through "free throws, stores, racks, over the counter sales". This broadly describes where and how non-paid distribution is conducted by The Dixon Tribune, and therefore adequately responds to the question on the RFP. D. Two Prices Listed. The Dixon Tribune bid listed two prices: one if the contract was exclusive, and one if it was shared. During the workshop, the City Attorney noted that this would be acceptable and consistent with past practices of those who had bid on the contract for legal notice publication services for the City. ALTERNATIVES I OPTIONS: The City Council's options regarding the contract for legal notice publication services include: 1. Motion to adopt Resolution A: A Resolution of the City Council of the City of Dixon, California, declaring the bid by The Dixon Tribune to provide legal notice publication services for the City of Dixon for the remainder of the fiscal year responsive and authorizing the city manager to enter into a contract with The Dixon Tribune for such services; or 2. Motion to adopt Resolution B: A Resolution of the City Council of the City of Dixon, California, rejecting all bids to provide legal notice publication services for the City of Dixon for the remainder of the fiscal year and authorizing the City Clerk to re-advertise a request for proposals; or

4 3. Motion to determine that the bid submitted by The Dixon Tribune is nonresponsive to the City's request for proposals and direct staff to issue a written notice of such non-responsivity to The Dixon Tribune with an opportunity to rebut such finding. ENVIRONMENTAL: The contracting for legal notice publication services does not constitute a project under the California Environmental Quality Act, pursuant to Public Resources Code sections and SUBSEQUENT ACTION(S): If the City Council adopts Resolution A and accepts the bid from The Dixon Tribune, staff will move forward to enter into an exclusive contract with The Dixon Tribune for the remainder of the fiscal year at a rate of Five Dollars and Fifty Cents ($5.50) per standard column inch. If the City Council adopts Resolution B and rejects all bids, City staff will reissue a request for proposals for the publication of legal notices for the fiscal year. If the City Council declares the bid to be non-responsive, the City is required to give the bidder written notice of such finding and allow the bidder to rebut the finding. FINANCIAL IMPACT: Currently, the City pays $6.50 per standard column inch for legal notice publication services. Under the proposed bid the City would pay Five Dollars and Fifty Cents ($5.50) per standard column inch. ATTACHMENTS: 1. Resolution A: A Resolution of the City Council of the City of Dixon, California, declaring the bid by The Dixon Tribune to provide legal notice publication services for the City of Dixon for the remainder of the fiscal year responsive and authorizing the city manager to enter into a contract with The Dixon Tribune for such services. (With attached bid). 2. Resolution B: A Resolution of the City Council of the City of Dixon, California, rejecting all bids to provide legal notice publication services for the City of Dixon for the remainder of the fiscal year and authorizing the City Clerk to re-advertise a request for proposals. 3. RFP. APPROVALS : ~ 1/ fl Finance: IV rr City Manager -----'rrrt~- I City Attorney:

5 RESOLUTION A RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIXON, CALIFORNIA, DECLARING THE BID BY THE DIXON TRIBUNE TO PROVIDE LEGAL NOTICE PUBLICATION SERVICES FOR THE CITY OF DIXON FOR THE REMAINDER OF THE FISCAL YEAR RESPONSIVE AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE DIXON TRIBUNE FOR SUCH SERVICES WHEREAS, the California Public Contract Code Section requires the City to annually publish a notice inviting bids in order to contract for the publication of legal notices for the fiscal year when there are multiple newspapers of general circulation printed and published in the City; and WHEREAS, when selecting a newspaper for the publication of legal notices, a city may weigh other factors against overall cost (Diablo Beacon Printing & Pub. Co. v. City of Concord (1964) 229 Cal.App.2d 505 at 508); and WHEREAS, currently the City divides its legal publications between two newspapers: the Independent Voice and The Dixon Tribune; and WHEREAS, in compliance with the California Public Contract Code the City has published a notice inviting bids for the publication of legal notices for the fiscal year multiple times; and WHEREAS, to date none of the notices inviting bids have resulted in a contract for legal publication services for the fiscal year; and WHEREAS, on November 25, 2014 the City Council directed the City Clerk to issue a request for proposals for the publication of the City's legal notices; and WHEREAS, the City Clerk sent the request for proposals out for publication on December 11, 2014 with a deadline of 3:00 p.rn. on December 30, 2014 for receiving any bids; and WHEREAS, the request for proposals required bidders to publish three (3) days per week and to be a newspaper of general circulation for the City; and WHEREAS, the request for proposals also stated that the City would consider the following criteria when evaluating the bids: (1) Bid price; (2) Number of times Newspaper is published per week.

6 (3) Newspaper printing practices must remain in the same format as is the Newspaper's typical and customary practice for its publications. (4) Newspaper distribution is reliable and consistent; and (5) Newspaper is adjudicated as a newspaper of general circulation for the City; and WHEREAS, on December 17, 2014 the City held a public workshop to assist interested parties in filling out bid documents; and WHEREAS, by 3:00p.m. on December 30, 2014, the City had only received one bid submission from The Dixon Tribune ; and WHEREAS, the bid from The Dixon Tribune stated that the rate for a standard column inch (as defined in the request for proposals) would be Five Dollars and Fifty Cents ($5.50) if the contract is exclusive and Six Dollars and Fifty Cents ($6.50) if the contract is shared ; and WHEREAS, the bid from The Dixon Tribune stated that the newspaper has the following distribution within the City of Dixon: Sunday: 678 paid subscriptions and 3413 un-paid distribution; Wednesday: 678 paid subscriptions and 646 un-paid distribution; and Friday: 678 paid subscriptions and 646 un-paid distributions; and WHEREAS, the City Council has no reason to believe that The Dixon Tribune format has or will change; and WHEREAS, the City Council has no evidence that The Dixon Tribune distribution is unreliable or inconsistent; and WHEREAS, the bid from The Dixon Tribune failed to include a Statement of Ownership, Management and Circulation, which was requ ired for bidders who mail their publ ication under the classification of Periodical; and WHEREAS, a bid may still be responsive if there is an inconsequential discrepancy. (Ghilotti Construction Co. v. City of Richmond (1996) 45 Cal.AppA th 897, at 904); and WHEREAS, a discrepancy in a bid is inconsequential if: (1) does not affect the amount of the bid ; (2) does not give a bidder advantage over the others; (3) is not a potential vehicle for favoritism ; (4) does not influence potential bidders to refrain from bidding; or (5) does not affect the ability to make bid comparisons. (Ghilotti Construction Co. v. City of Richmond (1996) 45 Cal.AppA th 897). that: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dixon

7 1. The City Council finds and determines that The Dixon Tribune's failure to submit a Statement of Ownership, Management and Circulation is an inconsequential discrepancy because it: (1) does not affect the amount of the bid; (2) does not give a bidder advantage over the others; (3) is not a potential vehicle for favoritism; (4) does not influence potential bidders to refrain from bidding; or (5) does not affect the ability to make bid comparisons. 2. The Dixon Tribune is determined to be the lowest responsive and responsible bidder for legal notice publication services for the City of Dixon for the remainder of the fiscal year. 3. The City Council hereby authorizes the City Manager to execute a contract with The Dixon Tribune pursuant to the requirements of the City's request for proposal and the bid submitted by The Dixon Tribune on December 30, 2014, which is attached hereto and incorporated herein by this reference. PASSED AND ADOPTED THIS 13TH DAY OF JANUARY, 2015, BY THE FOLLOWING VOTE: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor

8 BIDDER QUALIFICATION AND PRICE PROPOSAL RECEIVED All bids must be submitted on this form DEC CITY OF DIXON 600 EAST A STREET DIXON, CALIFORNIA CITY OF DIXON The selected Contractor or Contractors will provide all labor, materials, services, and supplies necessary to furnish to the City of Dixon, printing and publishing of all legal notices that are required to be published in a newspaper of general circulation, including ordinances, resolutions, notices, regulations, and advertisements of whatever kind or nature. Bidder Qualification: Qualified bidders will be determined based on the information provided below: Location of Publication: A newspaper printed and published within Solano County and circulated in the City is eligible for the Project. Provide physical address for where the newspaper is IJrinted:. Street Address:.5Lftf (lur+o L u. City: 1/0//(,,/()..\- t : p ~.L.{'.L.!. Ii Provide physical address for where newspaper is published: Zi p: ----'-' q'-lfs LC ""- -!.. C;..:=O=--- Street Address: 14<2 /15;: ';1 ' <if City: D IX 0 b) State:..l...C..I.I9L-_ Zip: 9sGzr?O Publication Information: WEEKLY PUBLICATION DAYS: Check the independent days of publication each week. A minimum of three (3) independent publication is required per week. Note: Any contract awarded pursuant to this bid shall require publication and delivery on the dates of publication checked below. Failure to so publish and deliver shall be cause for termination of said contract. Sun.: _.LX-'-- Mon. : Tues. : Wed. : ~X~.:... " Thurs.: Fri.: _--,X~ Sat.: Page 5

9 PAID SUBSCRIPTIONS: Indicate the current number of paid subscriptions delivered to addresses within the City for each independent publication day: Sun.: u zf Mon.: Tues.: Wed.: U Pi Thurs.: Fri.: 61 Sat.: UN-PAID DISTRIBUTION: Excluding the paid subscriptions listed above, indicate the current number of newspapers distributed within the City for each independent publication day: Sun.: ~ 'iii Mon.: Tues.: Wed.:_--'&=-.Lf...:-.::: C-'- Thurs. : Fri.: & L/0 Sat.: Please describe where and how bidder distributes the newspapers for which there is no paid subscription: [-12 & [ arc/us,...f/vr e j" (/Ic.ks, cziiiy-/-1u.. C{'I!II;1L Y SUi f I ; TOTAL CITY DISTRIBUTION: Indicate the total number of newspapers distributed within the City for each independent publication day, including both paid subscriptions and unpaid distribution, Sun.: L({) C;! Mon,: Tues. : Wed,: /';;' :17 Thurs,: Fri.: t-l.2 7 Sat. : DELIVERY TIME: Bidder is required to deliver each publication to all paid subscribers on the same date the newspaper is published for each edition. Please indicate if delivery is made the same day as publication for each independent edition, Yes: )(, delivery to all paid subscribers is made the same day as publication. No: delivery is made on a schedule other than the same day as publication, Other: Describe delivery to subscribers: _ If the bidder circulates the newspaper under the United States Postal Service mailing classification of Periodical, the bidder must submit, with their Bid, the most recent Statement of Ownership, Management and Circulation, which has been filed with the United States Postal Service and is signed under penalty and perjury, All Bids must include an attached copy of the decision and judgment adjudicating the newspaper as a newspaper of general circulation in the City of Dixon, Page 6

10 PUBLICATION RATES Prices shall be in accordance with the provisions and specifications contained herein. The City will determine the lowest responsible bidder based on a comparison of costs per "standard" column inch. This cost must be inclusive of all expenses associated with this call for bids including but not limited to formatting of documents, accurately printed, delivery of each publication, preparation and delivery of proofs of publication, any set-up fees, etc. Rate per "Standard" Column Inch: NEWSPAPER'S STANDARD COLUMN INCH DEFINED For the purpose of this bid, the price per column inch will be deemed to be one (1) vertical inch of printed matter, of a width equal to the width of the column specified below: The width of a standard column is defined to be one and one half inches (1.5"). Page 7

11 BID SIGNATURE PAGE This form must be submitted with bid. FOR SERVICES/SUPPLIES: Official City Newspaper for Advertising for the Remainder of Fiscal Year , January 15, 2015 through June 30, To the City of Dixon: The undersigned bidder (hereafter referred to as the "Bidder" or the "Contractor") submits the attached Bid, and certifies as follows: (1) the only persons or parties interested in this Bid as principals are those named herein as Bidder; (2) this Bid is made without collusion with any other person, firm, or corporation; (3) in submitting this Bid, the Bidder has examined all of the Contract Documents identified below; (4) the Bidder proposes and agrees that if this Bid is accepted, the Bidder will execute and fully perform the contract for which Bids are called; (5) the Bidder shall perform all the work and furnish all the materials specified in the Contract Documents, in the manner and time therein prescribed, and according to the requirements as therein set forth; and (6) the Bidder shall take in full payment therefore, the prices set forth in the Pricing Proposal submitted with the Bid. CONTRACT DOCUMENTS Performance of the services for which Bidder has submitted the Bid and payment for such services shall be subject to all terms and conditions contained in the Request for Proposals, including any addenda, or other requirements applicable to performance of the work and furnishing the services specified herein. Such documents, referred to herein as the ("Contract Documents"), are fully incorporated herein by this reference and are collectively referred to as the ("Contract"). By submitting this Bid, the Contractor agrees to fully perform each and every provision of the Contract, provided that City awards the Contract to the Contractor, and provided further that City shall have no obligation hereunder unless and until such award is made. Contractor shall not make any changes to this form without City's written approval, and any changes made without such approval shall be void. In the event that the City awards the contract to the Bidder and additional terms must be negotiated, both City and Bidder shall negotiate in good faith to amend the Contract to add such terms. To Be Filled Out By Bidder NAME OF CONTRACTOR: ADDRESS: PHONE #: C. '7 t - 6".5 '77" FAX#: ZOZ- < 7 '- 5'70";1 Page 8

12 adverhs//!o/(j) dlj{q"h rbuj7t. Uff7 STATE TAX I.D.#: dl Lj,<{Lff,,5'15 FED. TAX I.D.#: 9L///5/1'l'l3 ADJUDICATION #:..c;;r2,...,5.....,s"'--'- Cf.Ly City of Dixon Business License #: _LO,-,-CL. ) luv." _5'-- (Contract award will not be processed without a valid and current City Business License Number.) TYPE OF BUSINESS ENTITY (check one): x Individual/Sole Proprietor Corporation # "j j 7"f' /36 Limited Liability Company Other (please specify) DECLARATION I declare under penalty of perjury that the foregoing information submitted in connection with this bid is correct and true. Executed at D i X (),0, California, this 3{)""" day of /).4 :i yy\ h! y BY: (sig ature of authorized person) PRINT NAME: TITLE: Pag e 9

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14 RESOLUTION B RESOLUTION NO, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIXON, CALIFORNIA, REJECTING ALL BIDS TO PROVIDE LEGAL NOTICE PUBLICATION SERVICES FOR THE CITY OF DIXON FOR THE REMAINDER OF THE FISCAL YEAR AND AUTHORIZING THE CITY CLERK TO RE-ADVERTISE A REQUEST FOR PROPOSALS WHEREAS, the California Public Contract Code Section requires the City to annuaily publish a notice inviting bids in order to contract for the publication of legal notices for the fiscal year when there are multiple newspapers of general circulation printed and published in the City; and WHEREAS, when selecting a newspaper for the publication of legal notices, a city may weigh other factors against overall cost (Diablo Beacon Printing & Pub. Co. v. City of Concord (1964) 229 Cal.App.2d 505 at 508) ; and WHEREAS, currently the City divides its legal publications between two newspapers: the Independent Voice and The Dixon Tribune; and WHEREAS, in compliance with the California Public Contract Code the City has published a notice inviting bids for the publication of legal notices for the fiscal year multiple times; and WHEREAS, to date none of the notices inviting bids have resulted in a contract for legal publication services for the fiscal year; and WHEREAS, on November 25, 2014 the City Council directed the City Clerk to issue a request for proposals for the publication of the City's legal notices; and WHEREAS, the City Clerk sent the request for proposals out for publication on December 11, 2014 with a deadline of 3:00 p.m. on December 30, 2014 for receiving any bids; and WHEREAS, on December 17, 2014 the City held a public workshop to assist interested parties in filling out bid documents; and WHEREAS, by 3:00p.m. on December 30, 2014, the City had only received one bid submission from The Dixon Tribune; and WHEREAS, California Public Contract Code Section states that the City, in its discretion, may reject any bids and re-advertise. that: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dixon

15 1. All bids to provide legal notice publication services for the City of Dixon for the remainder of the fiscal year are rejected. 2. The City Clerk is directed to reissue a request for proposals for legal notice publication services for the City of Dixon for the remainder of the fiscal year. PASSED AND ADOPTED THIS 13TH DAY OF JANUARY, 2015, BY THE FOLLOWING VOTE: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor

16 NOTICE OF PUBLIC TRAINING WORKSHOP CITY OF DIXON FREE TRAINING WORKSHOP FOR COMPLETING AND SUBMITTING PROPOSALS IN RESPONSE CITY OF DIXON REQUEST FOR PROPOSALS (URFP") FOR LEGAL NOTICE PUBLICATION SERVICES NOTICE IS HEREBY GIVEN that the City Attorney's office will provide a free training and workshop for any members of the public interested in submitting proposals to the City of Dixon (the "Citv") in response to any RFPs posted by the City for legal notice publication services. The training will be held on Wednesday, December 17, 2014 at 10:30 a.m. at Council Chambers: 600 East A Street, Dixon, California. The training is open to all members of the public. It will address the content of the City's legal notice publication services RFP and outline the steps and information necessary to successfully submit a responsive bid to the City. The City is in the process of contracting with a newspaper of general circulation to provide legal notice publication services for the City. The City wishes to successfully complete the RFP process to find a qualified newspaper. Therefore, the City is offering interested parties a training on completing the RFP application to avoid the disqualification of viable applicants due to a technicality. ALL INTERESTED PARTIES; are encouraged to attend the December 1th training. This training will not guarantee that an attendee's proposal will be considered responsive to the City's RFP. In compliance with the Americans with Disabilities Act, the City of Dixon encourages those with disabilities to participate fully in the training. Any person requiring special assistance to participate in the meeting should call (707) (voice) or (707) (TTY) at least forty-eight (48) hours prior to the training. If you have any questions, please call the City Clerk at (707) , or stop by the office at 600 East A Street, Dixon, CA.

17 CITY OF DIXON REq UEST FOR PROPOSALS LEGAL NOTICE PUBLICATION SERVICES FOR THE CITY OF DIXON NOTICE IS HEREBY GIVEN that the City of Dixon (".Qi!y") is requesting sealed bids ("Bids" or "Bid") from newspaper that are qualified bidders ("Bidders") to provide legal notice printing and publishing services for the City for the remainder of the fiscal year ("Project"), in accordance with this Request for Proposal ("RFP"). PROJECT DESCRIPTION: LOCATION OF PUBLICATION: circulation in the City of Dixon. Eligible Bidders must be newspapers of general DESCRIPTION OF WORK: The printing to be done hereunder will consist of printing and publishing all legal notices for the City required to be printed in a newspaper of general circulation, including but not limited to ordinances, resolutions, notices, regulations, and advertisements of whatever kind or nature for the remainder of fiscal year approximately January 1, 2015 through June 30, FACTORS CONSIDERED IN SELECTING BIDS: The City Council has the discretion to select more than one successful Bid and divide the Project among multiple Bidders as it deems appropriate. A successful Bid shall be based upon a weighing of all of the following factors (the "Factors"): (1) Bid price; (2) Number of times Newspaper is published per week. (3) Newspaper printing practices must remain in the same format as is the Newspaper's typical and customary practice for its publications. (4) Newspaper distribution is reliable and consistent; and (5) Newspaper is adjudicated as a newspaper of general circulation for the City. PROCESS: SUBMISSION OF BIDS: Qualified and interested parties may submit Bids to the City Clerk at City Hall located at 600 East A Street, Dixon, California no later than 3:00 p.m. on December 30, 2014 at which time all Bids will be publicly opened and read by the City Clerk. No late Bids will be considered. Bidders may mail Bids at their own risk. GENERAL LEGAL REQUIREMENTS: Each Bid submitted to the City Clerk must be in a sealed envelope clearly marked as follows: Page 1

18 Proposal for Official City Newspaper for Advertising to be opened at 3:00 p.m., December 30, Each Bid must be submitted using the forms provided in this RFP packet. Once a Bid has been submitted to the City Clerk, it may not be withdrawn. RFP WORKSHOP: The City Attorney's office will be providing a free public workshop on December 17,2014 at 10:30 a.m. at Council Chambers: 600 East A Street, Dixon, California to answer questions regarding the RFP process and to give an overview of the information the City requires on the Bid in order for the Bid to qualify as responsive to the RFP. The workshop is open to all members of the public. If an interested party is unable to attend this workshop, he or she may request a copy of the PowerPoint presentation by contacting the City Clerk at sjohnston@cldixon.ca.us or by mail to the City Clerk's Office, City Hall located at 600 East A Street, Dixon, California. QUESTIONS: Questions may be submitted by to the City Clerk at sjohnston@cldixon.ca,us or by mail to the City Clerk's Office, City Hall located at 600 East A Street, Dixon, California until 4:00 p.m. on December 23, The City cannot guarantee that it will be able to respond to every inquiry it receives. AWARD OF CONTRACT: The City Council has the authority to award a contract to multiple Bidders. The award of the contract will be made to the Bidder or Bidders who the City determines are most capable of providing services that fulfill all of the listed Factors. All of the Factors will be weighted equally in the City Council's review of the Bids, Should multiple Bidders submit Bids that are equally responsive to the City's needs, the City can award multiple contracts. The City reserves the right to accept or reject any or all Bids received in response to this RFP, to negotiate with any qualified source, or cancel in whole or in part this RFP if it is in the best interest of the City to do so. Bidders may be required to submit revisions to their Bids as may result from contract negotiations, or to include additions or deletions to the scope of work. All survey information, data and material ensuing from the Project shall be the sole property of the City and shall not be reproduced and published without the written consent of the City. The City reserves the right to contract for the Project or portions of the Project with multiple Bidders. The City Council reserves the right to waive Bid errors or to reject any and all Bids and to re-advertise for Bids. Dated: December 11, 2014 Suellen Johnston City Clerk Advertisement Dates: December 14, 2014 and December 19,2014,- Page 2

19 TECHNICAL SPECIFICATIONS/OTHER REQUIREMENTS NOTE: Any contract awarded pursuant to this RFP shall require compliance with all of the following technical specifications and other requirements. Failure to so comply with these requirements shall be grounds for immediate termination of said contract. Purpose. The purpose of this RFP is to establish a contract for official advertising for the City for the remainder of fiscal year Types of Advertising. The printing to be done hereunder will consist of printing and publishing all legal notices required to be printed in a newspaper of general circulation within the City, including but not limited to ordinances, resolutions, notices, regulations, and advertisements of whatever kind or nature ("Advertisement"). Size of Type. The body and captions of each Advertisement shall be converted by the vendor, to the vendor's typeface specification normally used for such Advertisements, and the font size shall be reduced, in a similar manner, by the vendor, 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 font may be specified by the City and shall be printed by the vendor without additional charge. Submission of Pu blication Material. All material for publication will be transmitted to the vendor by the City, via attachment in a Word format. City will submit all material to the vendor with approximately forty-eight (48) hours advance notice before submitted material is to be published. Proof of Publication. The vendor shall be required to furnish a minimum of two (2) printed proofs of publication for each Advertisement to the Office of the City Clerk not later than with the month's billing in which it was published. The printed proof(s) of the publication must be fumished by affidavit, signed under penalty of perjury, using the actual Advertisement printed and include dates the ad was published and signature, pursuant to the Code of Civil Procedure section (e). A copy of the sample format is shown in Attachment B. The affidavit shall also include a statement that circulation occurred on the same date as publication. Page 3

20 Newspaper Copies for Official Use. Vendor shall deliver, not later than 10:00 a.m. on the same date as the notice is published, one (1) copy of each issue of the newspaper containing a City printing, to the following City office for official use by the City: City Hall, Attention: City Clerk, 600 East A Street, Dixon, CA Newspaper of General Circulation. Eligible bidders must be newspapers of general circulation of the City of Dixon. Minimum Publication Dates. The City requires a minimum of three (3) independent publication and circulation days per week. The date of publication must be clearly printed on the front page and each subsequent page of the newspaper. Delivery of all newspapers to paid and unpaid subscribers, newsstands, and other outlets, must take place on the date of each independent publication. A copy of a typical months printing schedule is attached for information (Attachment A). Adjudication. To be a qualified Bidder the paper must be adjudicated as a newspaper of general circulation of the City of Dixon in the County of Solano pursuant to Government Code section 6020, et seq. Bidders shall submit evidence of such adjudication with their bids. Term. The contract will be awarded for the remainder of fiscal year or approximately January 15, 2015 through June 30, Award of Bid and Termination of Contract. The contract will be awarded to the Bidder or Bidders based on the listed Factors including the frequency of printing and bid price. In the event that multiple Bidders provide Bids that the City Council finds acceptable, the contract may be awarded to multiple Bidders, at the City Council's discretion. The City reserves the right to cancel any contract awarded based upon false information. = Page 4

21 BIDDER QUALIFICATION AND PRICE PROPOSAL All bids must be submitted on this form CITY OF DIXON 600 EAST A STREET DIXON, CALIFORNIA The selected Contractor or Contractors will provide all labor, materials, services, and supplies necessary to furnish to the City of Dixon, printing and publishing of all legal notices that are required to be published in a newspaper of general circulation, including ordinances, resolutions, notices, regulations, and advertisements of whatever kind or nature. Bidder Qualification: Qualified bidders will be determined based on the information provided below: Location of Publication: A newspaper printed and published within Solano County and circulated in the City is eligible for the Project. Provide physical address for where the newspaper is printed: Street Address: ---.:::-:- ----::::- City: State: _ Zip: _ Provide physical address for where newspaper is published: Street Address: -::.,--;- --=::-- _ City: Slate: Zip: _ Publication Information: WEEKLY PUBLICATION DAYS: Check the independent days of publication each week. A minimum of three (3) independent publication is required per week. Note: Any contract awarded pursuant to this bid shall require publication and delivery on the dates of publication checked below. Failure to so publish and deliver shall be cause for termination of said contract. Sun.: Mon.: Tues.: Wed.: Thurs.: Fri. : Sat. : Page 5

22 PAID SUBSCRIPTIONS: Indicate the current number of paid subscriptions delivered to addresses within the City for each independent publication day: Sun.: _ Mon.: Tues.: Wed.: Thurs.: Fri.: Sat.: UN-PAID DISTRIBUTION: Excluding the paid subscriptions listed above, indicate the current number of newspapers distributed within the City for each independent publication day: Sun.: Mon.: Tues.: Wed.: Thurs.: Fri. : Sat.: _ Please describe where and how bidder distributes the newspapers for which there is no paid subscription: TOTAL CITY DISTRIBUTION: Indicate the total number of newspapers distributed within the City for each independent publication day, including both paid subscriptions and unpaid distribution. Sun.: Mon.: Tues. : Wed.: Thurs.: Fri. : Sat.: DELIVERY TIME: Bidder is required to deliver each publication to all paid subscribers on the same date the newspaper is published for each edition. Please indicate if delivery is made the same day as publication for each independent edition. Yes: No: delivery to all paid subscribers is made the same day as publication. delivery is made on a schedule other than the same day as publication. Other: Describe delivery to subscribers: If the bidder circulates the newspaper under the United States Postal Service mailing classification of Periodical, the bidder must submit, with their Bid, the most recent Statement of Ownership, Management and Circulation, which has been filed with the United States Postal Service and is signed under penalty and perjury. All Bids must include an attached copy of the decision and judgment adjudicating the newspaper as a newspaper of general circulation in the City of Dixon. Page 6

23 PUBLICATION RATES Prices shall be in accordance with the provisions and specifications contained herein. The City will determine the lowest responsible bidder based on a comparison of costs per "standard" column inch. This cost must be inclusive of all expenses associated with this call for bids including but not limited to formatting of documents, accurately printed, delivery of each publication, preparation and delivery of proofs of publication, any set-up fees, etc. Rate per "Standard" Column Inch: $ NEWSPAPER'S STANDARD COLUMN INCH DEFINED For the purpose of this bid, the price per column inch will be deemed to be one (1) vertical inch of printed matter, of a width equal to the width of the column specified below: The width of a standard column is defined to be one and one half inches (1.5"). Page 7

24 BID SIGNATURE PAGE This form must be submitted with bid. FOR SERVICES/SUPPLIES: Official City Newspaper for Advertising for the Remainder of Fiscal Year , January 15, 2015 through June 30,2015. To the City of Dixon: The undersigned bidder (hereafter referred to as the "Bidder" or the "Contractor") submits the attached Bid, and certifies as follows : (1) the only persons or parties interested in this Bid as principals are those named herein as Bidder; (2) this Bid is made without collusion with any other person, firm, or corporation; (3) in submitting this Bid, the Bidder has examined all of the Contract Documents identified below; (4) the Bidder proposes and agrees that if this Bid is accepted, the Bidder will execute and fully perform the contract for which Bids are called ; (5) the Bidder shall perform all the work and furnish all the materials specified in the Contract Documents, in the manner and time therein prescribed, and according to the requirements as therein set forth; and (6) the Bidder shall take in full payment therefore, the prices set forth in the Pricing Proposal submitted with the Bid. CONTRACT DOCUMENTS Performance of the services for which Bidder has submitted the Bid and payment for such services shall be subject to all terms and conditions contained in the Request for Proposals, including any addenda, or other requirements applicable to performance of the work and furnishing the services specified herein. Such documents, referred to herein as the ("Contract Documents"), are fully incorporated herein by this reference and are collectively referred to as the ("Contract"). By submitting this Bid, the Contractor agrees to fully perform each and every provision of the Contract, provided that City awards the Contract to the Contractor, and provided further that City shall have no obligation hereunder unless and until such award is made. Contractor shall not make any changes to this form without City's written approval, and any changes made without such approval shall be void. In the event that the City awards the contract to the Bidder and additional terms must be negotiated, both City and Bidder shall negotiate in good faith to amend the Contract to add such terms. To Be Filled Out Bv Bidder NAME OF CONTRACTOR: ADDRESS : PHONE#: FAX#: PageS

25 STATE TAX 1.0.#: FED. TAX 1.0.#: ADJUDICATION #: City of Dixon Business License #: _ (Contract award will not be processed without a valid and current City Business License Number.) TYPE OF BUSINESS ENTITY (check one): Individual/Sole Proprietor Corporation Limited Liability Company Other (please specify) DECLARATION I declare under penalty of perjury that the foregoing information submitted in connection with this bid is correct and true. Executed at, California, this day of BY: (signature of authorized person) PRINT NAME: TITLE: Page 9