HomeMy WebLinkAboutHUNTINGTON - 1998-04-20CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CRY CLERK
DATE: _ �X.2 , F?
Of /Y6
V� 'City, State, r/
I
CALIFORNIA 92648
See Attached Action Agenda Item ^ 7—,7 Date of Approval *—moo ---98 _
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records.
Connie Brockway
City Clerk
Attachments: Action Agenda Page ,,< Agreement ✓ Bonds Insurance
RCA Deed Other
Remarks:
ame 10, Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Name
Department RCA Agreement Insurance Other
Risk Management Department Insurance Copy98
G: Fo I l o w•u p /ag rm ts/tran s t i r
(Telephone: 714-536-5227)
r
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND THE HUNTINGTON BEACH INDEPENDENT
FOR LEGAL ADVERTISING SERVICES
Table of Contents
1
Work Statement.........................................................................................................1
2
City Staff Assistance.................................................................................................1
3
Time of Performance.................................................................................................2
4
Compensation............................................................................................................2
5
Method of Payment....................................................................................................2
6
Indemnification, Defense, Hold Harmless
.................................................................2
7
Workers' Compensation.............................................................................................3
8
Independent Contractor..............................................................................................3
9
Termination of Agreement.........................................................................................4
10
Assignment and Subcontracting..............................................................................4
11
City Employees and Officials..................................................................................4
12
Notices.....................................................................................................................4
13
Entirety ........................... ......................................................................................
....5
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND THE HUNTINGTON BEACH INDEPENDENT
FOR LEGAL ADVERTISING SERVICES
THIS AGREEMENT is made and entered into this 20th_ day of
April , 1998, by and between the CITY OF HUNTINGTON BEACH, a municipal
corporation of the State of California, hereinafter referred to as "CITY," and the HLT;TINGTON
BEACH P14DEPENDENT, a California corporation, hereinafter referred to as "CONTRACTOR."
WHEREAS, CITY desires to engage the services of a newspaper publishing contractor to
publish legal advertising for various departments of the city government in the City of Huntington
Beach; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of HBMC
Chapter 3.02 relating to procurement of service contracts has been complied with; and
CONTRACTOR has been selected to perform said services,
NOW, THEREFORE, it is agreed by CITY and CONTRACTOR as follows
WORK STATEMENT
CONTRACTOR shall provide all services as described in CONTRACTOR s letter
to the City Purchasing Department received March 19, 1998 (hereinafter referred to as Exhibit
"A"), which is attached hereto and incorporated into this Agreement by this reference. Said
services shall sometimes hereinafter be referred to as "SERVICES."
CONTRACTOR hereby designates Judy Oetting, who shall represent it and be its
sole contact and agent in all consultations with CITY during the performance of this Agreement.
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONTRACTOR in the
performance of this Agreement.
SF's:PCD:,Agree:Indpd !78
RI.s 98-] 78
130'98 - 42
0
3. TIME OF PERFORIVIANCE
Time of the essence of this Agreement. The services of the CONTRACTOR are
to commence as soon as practicable after the execution of this Agreement. The term of this
Agreement shall be three (3) years.
4. COMPENSATION
In consideration of the performance of the publishing services described herein,
CITY agrees to pay CONTRACTOR the fees specified in Exhibit "A" attached hereto.
5. METHOD OF PAYMENT
A. The CONTRACTOR shall submit to the CITY an invoice for each
progress payment due. Such invoice shall;
1) Reference this Agreement;
2) Describe the publishing services performed; and
3) Show the total amount of the payment due.
Upon submission of any such invoice, if CITY is satisfied that CONTRACTOR
has completed the publishing services in accordance with this Agreement, CITY shall promptly
approve the invoice, in which event payment shall be made within thirty (30) days' of receipt of
the invoice by CITY. Such approval shall not be unreasonably withheld. If the CITY does not
approve an invoice, CITY shall notify CONTRACTOR in writing of the reasons for non -
approval, within seven (7) calendar days of receipt of the invoice.
6. INDEMNIFICATION, DEFENSE, HOLD HARMLESS
CONTRACTOR hereby agrees to protect, defend, indemniA, and hold and save
harmless CITY, its officers and employees, against any and all liability, claims, judgments, costs
and demands, however caused, including those resulting from death or injury to
CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or
indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including
those arising from the passive concurrent negligence of CITY, but save and except those which
2
SFs: PCD: Agree:lndpd-98
RLS 98-178
1.3 098 - Q
0
arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of
CITY. CONTRACTOR will conduct all defense at its sole cost and expense. CITY shall be
reimbursed by CONTRACTOR for all costs or attorney fees incurred by CITY in enforcing this
obligation.
7. WORKERS' COMPENSATION
CONTRACTOR shall comply with all of the provisions of the Workers'
Compensation Insurance and Safety Acts of the State of California, the applicable provisions of
the California Labor Code and all amendments thereto; and all similar state or federal acts or laws
applicable; and shall indemnify, defend and hold harmless CITY from and against all claims,
demands, payments, suits, actions, proceedings and judgments of every nature and description,
including attorneys' fees and costs presented, brought or recovered against CITY, for or on
account of any liability under any of said acts which may be incurred by reason of any work to be
performed by CONTRACTOR under this Agreement.
CONTRACTOR shall obtain and furnish evidence to CITY of maintenance of
statutory workers' compensation insurance and employers' liability in an amount of not less than
$100,000 bodily injury by disease, each employee, and $250,000 bodily injury by disease, policy
limit.
INDEPENDENT CONTRACTOR
CONTRACTOR is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor. CONTRACTOR shall secure at its expense, and be
responsible for any and all payments of all taxes, social security, state disability insurance
compensation, unemployment compensation and other payroll deductions for CONTRACTOR
and its officers, agents and employees and all business licenses, if any, in connection with the
services to be performed hereunder.
sFATCD:Agee:lndpd-98
RL% 98-178
3/30i98 - #2
9 TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONTRACTOR'S services hereunder at any time with or without
cause, and whether or not PROJECT is fully complete. Any termination of this Agreement by
CITY shall be made in writing through the City Clerk's office, notice of which shall be delivered
to CONTRACTOR as provided herein.
10. ASSIGNMENT AND SUBCONTRACTING
This Agreement shall not be assigned by CONTRACTOR to any other person or
entity without the consent of CITY.
11. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this Agreement. No officer or employee of CITY shall have any
financial interest in this Agreement in violation of the applicable provisions of the California
Government Code.
12. NOTICES
Any notices or special instructions required to be given in writing under this
Agreement shall be given either by personal delivery to CONTRACTOR'S agent (as designated in
Section I herein above) or to the City Clerk, as the situation shall warrant, or by enclosing the
same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal
Services, addressed as follows:
TO CITY:
Ms. Connie Brockway
City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
SF/s:PCD:Agree:[ndpd-98
RLS 98-178
3130:198 - Q
TO CONTRACTOR:
Ms. Judy Oetting
Huntington Beach Independent
330 W. Bay Street
Costa Mesa, CA 92627
E
13. ENTIRETY
The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement
between the parties.
IN WITNESS ViTHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers the day, month and year first above 'written.
CONTRACTOR:
HUNTINGTON BEACH
INDEPENDENT
By: Alg4� � -
Thomas H. Johnson
Vice -President
By: _
Pramod Shah
Treasurer
ATTEST:
City Clerk
REVIEWED AND APPROVED:
City�istrator
S
SI-/s:PCD: Agrce:1ndpd-98
RLS 98-178
3I27l98 - #2
CITY OF HUNTINGTON BEACH
a municipal corporation
of the State of California
yor
APPROVED AS TO FORM:
f ttome
I LSD AND APPROVED: WHY
ity Clerk
PURCHASING DEPARTMENT
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH CA 92648
REQUEST FOR QUOTATION
98-0316
QUOTATION NUMBER
VENDOR NAME
2U1� 2aT�
QUANTITY I UNIT I DESCRIPTION r UNIT PRICE AMOUNT
NAME OF NEWSPAPER I Huntington Beach Independent
ADDRESS: Corp:.330 W. Bay St. 1 1868 . Bch. 92648
TELEPHONE: Costa Mesa, CA 92527 Legal Adv. Dept. (714) 642-4321
SUPERVISOR lJudx Oettin , Manager
Minimum Rate per Legal Ad 1998 : 6.75 per col inch • ' 99 7.00 • 2000 $7.25
Rate Per Column Inch for Subsequent Runs 1998; 6.00 per col inch • ' 99 6.25 • 2000 $6.50
City Agenda
Pick up Service
As necessar
Display Ads
1$20.70 per col inch - Main News
Affidavits
I Immed. sent after publication finished
Tearsheets
I Available on request
Complimentary Newspapers
ITen Copies or whatever needed
Monthly Itemized billing Statement
1 Invoices sent out 1st of each month
Subaccounts
All offices alreadyset u
Area of Circulation
lHuntington Beach, Fountain Valle
Circulation/Di stributionl
35,700
Frequency of Publication
lEvery Thursda
Date and Number of Adjudication
4/16/65 A50479
Deadline: Monday, 5pm, Emergency CO2y acce ted until Wed. loam.
The above contract -rates are offered to the City if the Independent is
chosen as the primary newspaper for all legal advertising. If another
publication is picked to serve the City as the primary newspaper, all
legal ads will be billed according to its rate card at $12.50 per inch.
For any question or clarification if needed, please call Judy Oetting
direct at (714) 574-4250.
The Independent has been the official legal newspaper for said City for
many years. All sub -accounts, free complimentary copies, summary agenda
etc. polices are already.established.• The Independent has a near perfect
record with the City, which may be verified by the City Clerk and/or
Planning Dept. The Independent continually tries to accommodate City Hall
in meeting all their legal advertising needs, deadlines and vequirement .
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ATTN: ADAM NEWMAN
CITY ATTORNEY
2000 MAIN STREET, 4TH FLOOR
HUNTINGTON BEACH CA 92848
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`CITY OF HUNTINGTON BEAM
MEETING DATE: April 20, 1998 DEPARTMENT ID NUMBER: CK 98-002
Council/Agency Meeting Held: -!Fr
Deferred/Continued to:
Approved _ Q Conditionally Approved ❑ Denied
City Clerk's Wgn ure
Council Meeting Date: April 20, 1998 1 Department ID Number: CK 98-002 1
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Councilmembers
SUBMITTED BY: Ray Silver, City Administrator 029J
PREPARED BY: Connie Brockway, City Clerk G16
SUBJECT: Award of Contract for Legal Advertising Services
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue:
Bids have been received for the provision of legal advertising services to the city. The city
currently contracts with the Huntington Beach Independent.
The city's legal advertising needs include publishing legal notices for the City Council and
Planning Commission meetings for such items as ordinances, Disposition and Development
Agreements, Community Development Block Grants, Development Agreements, General
Plan Amendments, Coastal Development Permits, Conditional Use Permits, Zone Changes,
Bid Notices, EIR's, Negative Declarations, municipal election notices, and newly enacted
laws.
Funding Source: General Fund
Recommended Action:
(a) Award contract for providing legal advertising services to the Huntington Beach
Independent as the primary newspaper under the bid terms outlined, and
(b) Approve and authorize execution of a three-year agreement between the city and /
the Huntington Beach Independent per the bid terms submitted, and
CK98002.DOC -2- 0410219811:02 AM
#QUEST FOR COUNCIL AC N
MEETING DATE: April 20, 1998 DEPARTMENT ID NUMBER: CK 98-002
(c) Continue the current City Council direction which approves placing the legal
advertisement in the Orange County Register (daily publication) if there is insufficient
time to place a legal advertisement in the Huntington Beach Independent subject to
approval by the City Administrator's Office of the initiating department's reason for
urgency to advertise in the Orange County Register.
(d) Further, at such times as the City Administrator's Office may authorize use of the
Register to publish legal notices, the initiating department shall, if time permits, publish
said notice in the Huntington Beach Independent. (This will assist the public who,
except for extraordinary circumstances, must be able to rely on having to read only
one newspaper to ensure they have read all the public notices which may have an
impact on them.)
Alternative Action(s):
The City Charter requires publication of city business such as bids and ordinances so an
alternative action is not feasible.
Analysis:
Two bids (attached) were received for the provision of legal advertising services to the city.
Huntington Beach Independent
1998 $6.75 per col. inch, 1st pub $6.00 per col. inch, addt'I. pub
1999 $7.00 per col. inch, 1 st pub $6.25 per col. inch, addt'I. pub
2000 $7.25 per col. inch, 1 st pub $6.50 per col. inch, addt'I. pub
Seal Beach Sun
Minimum rate per legal ad - $8.00 per column inch - same for subsequent publications.
The: Huntington Beach Independent and the Seal Beach Sun are both adjudicated
newspapers; however, the Huntington Beach Independent is more widely circulated,
proves more economical to the city and provides excellent service.
During the past 12 years, this bidder has consistently provided the city with quality service.
The City Clerk recommends award of contract to the Huntington Beach Independent based
on past performance and reasonable cost to the city.
The following is a comparison of costs of an average city legal notice:
The average length of a legal ad is 7 inches. Below is a cost comparison based on the
newspaper bids received.
CK98002.DOC -3- 04/02/98 11:02 AM
*QUEST FOR COUNCIL ACTRN
MEETING DATE: April 20, 1998 DEPARTMENT ID NUMBER: CK 98-002
Huntington Beach Independent $6.75 7" x $6.75 = $47.25
If ad to run twice rate is $6.00 7" x $6.00 = $42.00
TOTAL FOR 2 PUBLICATIONS $89.25
Seal Beach Sun $8.00 7" x $8.00 = $56.00
If ad to run twice - no discount rate 7" x $8.00 = $56.00
TOTAL FOR 2 PUBLICATIONS $112.00
Attachment[s): Bids received
Environmental Status: NIA
Attachment(s): List attachment(s) below.
Start Numbering 1. Bid from Huntington Beach Independent
:........ 2. Bid from Seal Beach Sun
3. Agreement
RCA Author: CB
CK98002.DOC .4. 04/02198 11:02 AM
J $RCHASING DEPARTMENT
1
B
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH CA 92648
Seal Beach Sun
216 Main Street
Seal Beach CA 90740
Attn: Pat Bartholomy
• 98-0316
QUOTATION NUMBER
Show this number on outside of your
envelope.
Date: February 27, 1998
Bids will be received until
4:00pm
March 1 6, 1998
at the office of the Purchasing
Division.
Richard Amadrii
BUYER
QUANTITY UNIT I DESCRIPTION I UNIT PRICE AMOUNT
The City of Huntington Beach is soliciting bids for the
provision of legal advertising services for two and three
year contract. Bids should be submitted to cover each
option on attached paae
Delivery Address
City of Huntington Beach
California
Delivery- to be made on or before:
or days from receipt of
order.
Quotations are requested for furnishing
the items described in accordance with
terms set forth herein. All quotations must
be F.O.B. delivered. The detailed
specifications or brand names or numbers
given herein is descriptive and indicates
quality and style of item required. Offer to
supply articles substantially the' same as
those described herein will be considered
provided the articles offered are equal in
quality, durability, and fitness for the
purpose intended. Acceptability of
alternates will be determined solely by the
City of Huntington Beach.
Address your reply to:
Purchasing Division
City of Huntington Beach
2000 Main Street
Huntington Beach CA 92648
(714) 536-5221
Total:
SalesTax
Total
Terms: % days
All quotations must be signed
Sig nAature i�
Print Name
Title roc, -J4s! r` ti p-r�1► w�..,
Date _ , %4 $
Phone Number
THIS IS NOT AN ORDER
• •
J PURCHASING DEPARTMENT
1
CITY OF HUNTINGTON BEACH
• 2000 MAIN STREET
HUNTINGTON BEACH CA 92648
REQUEST FOR QUOTATION
98-0316
QUOTATION NUMBER
VENDOR NAME
...QUANTITY UNIT7 DESCRIPTION I UNIT PRICE_7 AMOUNT
S&L, AA&C. k S ua
NAME OF NEWSPAPER
; air,,, VtAd2A0,%,yL
S
ADDRESS:
S--,
CA, 20210
TELEPHONE:
r
SUPERVISOR
Minimum Rate per Legal Ad
$ _ 00
ff C>
.Rate Per Column Inch for Subsequent Runs
City Agenda
Pick up Service
Display Ads,
Affidavits
V
Tearsheets
Complimentary Newspapers
Monthly Itemized billing Statement
Subaccounts
Area of Circulation
bt „��,.,,, v�rut
�t�gILEA L, t
Huntington Beach News Circulation
4All,
Frequency of Publication
fi,3
Date and Number of Adjudication
Page 2
i Cx�
►b,"T ';9
J 1 PURCHASING DEPARTMENT 98-0316
CITY OF HUNTINGTON BEACH QUOTATION NUMBER
• 2000 MAIN STREET
HUNTINGTON BEACH CA 92648
VENDOR NAME
(REQUEST FOR QUOTATION
QUANTITY I UNIT DESCRIPTION j UNIT PRICE AMOUNT
NAME OF NEWSPAPER lHuntinaton Beach de a de t
ADDRESS: Corp: 330 W. Bay St. 118682 Reagh Blvd.#160,Hunt. Bch- 9 648
TELEPHONE: Costa Mesa, CA 92627 ILegal Adv. Dept. (714) 642-4321
SUPERVISOR 4 Judy Oettin , Manager
Minimum Rate per Legal Ad 1998 : 6.75 per col inch • ' 99 7.00 • 2000 $7.25
Rate Per Column Inch for Subsequent Runs 1998 ; 6.00 er co1 inch • 199 6.25 • 2000 $6.50
City Agenda
Pick up Service
As necessar
Display Ads
20.70 per col inch - Main News
Affidavits
I Immed. sent after publication finished
Tearsheets
I Available on request
Complimentary Newspapers
Ten Co ies or whatever needed
Monthly Itemized billing Statement
I Invoices sent out 1st of each month
Subaccounts
lAll offices already set u
Area of Circulation
lHuntinSton Beach, Fountain Valle
Circulation/Distribution)
35,700
Frequencyof Publication
lEvery Thursday
Date and Number of Adjudication
4/16/65 A50479
Deadline: Monday, 5pm, Emergency Copy accepted until Wed. 10am.
The above contract rates are offered to the City if the Independent is
chosen as the primary newspaper for all legal advertising. If another
publication is picked to serve the City as the primary newspaper, all
legal ads will be billed according to its rate card at $12.50 per inch.
For any question or clarification if needed, please call Judy Oetting
direct at (714) 574-4250.
The Independent has been the official legal newspaper for said City for
many years. All sub -accounts, free complimentary copies, summary agenda
etc, polices are already established.. The Independent has a near perfect
record with the City, which may be verified by the City Clerk and/or
Planning Dept. The Independent continually tries to accommodate City Hall
in meeting all their legal advertising needs, deadlines and quirement .
}
Ju Oet ng
Cla sified/Legal 6ay. Mgr.
?e,e,,E0 3/C"-4-'Ac 3-/9-9'�-
RCA ROUTING SHEET
INITIATING DEPARTMENT:
City Clerk's Office
SUBJECT:
AWARD OF CONTRACT FOR LEGAL ADVERTISING
SERVICES
COUNCIL MEETING DATE:
April 20, 1998
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attomey)
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attomey)
Not Applicable
Certificates of Insurance (Approved by the C�K Attomey)
Not Applicable
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable—,
��EXPLANATION. FOR: MISSING AT-.. T-A
-Administrative Staff
-Assistant City Administrator (initial)
City Administrator (initial)
City Clerk
RCAAuthor. CB
COVER PAGE
REQUEST FOR LATE SUBMITTAL
(To accompany RCA)
REASON:d
Few, RE
I p�
NEW
POPE
i
r �
EXPLANATION (Why is this RCA necessary to this agenda?):
CONSEQUENCES (How shall delay of this RCA adversely impact the City?):
1
Signature:
Department Head
Cl Approved Cl Denied
Ray Silver
City Administrator