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HomeMy WebLinkAbout06-08-2021 New Times AgreementAGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on ____________, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and New Times SLO, Inc. hereinafter referred to as Contractor. W I T N E S S E T H: WHEREAS, the City wants to Contractor to provide Legal Noticing Services. WHEREAS, Contractor is qualified to perform this type of service and has submitted a bid to do so which has been accepted by City. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1.TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above for three (3) years with the option of a one-year extension. 2.INCORPORATION BY REFERENCE City Bid No. 2021-Legal Ad and Contractor's proposal dated May 26, 2021, is hereby incorporated in and made a part of this Agreement and attached as Exhibit A. 3.CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and Contractor shall receive therefor compensation in Exhibit A. 4.CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and Agreements herein before mentioned to be made and performed by City, Contractor agrees with City to provide services as set forth in Exhibit A. 5.AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the Department Head or City Manager of the City. 6.COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete Agreement between the parties hereto. No oral Agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral Agreement, understanding, or representation be binding upon the parties hereto. DocuSign Envelope ID: AF314920-ED19-461E-B092-F7A4FAF62581 6/8/2021 | 7:40 AM PDT 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Attn: Teresa Purrington (tpurring@slocity.org) Contractor/Consultant New Times SLO, Inc. 1010 Marsh Street San Luis Obispo, CA 93401 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this Agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. CITY OF SAN LUIS OBISPO, A Municipal Corporation By:_____________________________________ City Manager APPROVED AS TO FORM: CONTRACTOR ________________________________ By: _____________________________________ City Attorney DocuSign Envelope ID: AF314920-ED19-461E-B092-F7A4FAF62581 City of San Luis Obispo Bid 2021-Legal Ad 4/30/2021 12:49 PM p.1 Solicitation 2021-Legal Ad Notice Requesting Proposals for Legal Noticing Services Bid Designation: Public City of San Luis Obispo EXHIBIT A DocuSign Envelope ID: AF314920-ED19-461E-B092-F7A4FAF62581 City of San Luis Obispo Bid 2021-Legal Ad 4/30/2021 12:49 PM p. 2 Bid 2021-Legal Ad Notice Requesting Proposals for Legal Noticing Services Bid Number 2021-Legal Ad Bid Title Notice Requesting Proposals for Legal Noticing Services Bid Start Date Apr 30, 2021 11:50:11 AM PDT Bid End Date May 26, 2021 3:00:00 PM PDT Question & Answer End Date May 19, 2021 5:00:00 PM PDT Bid Contact Daniel Clancy dclancy@slocity.org Contract Duration One Time Purchase Contract Renewal 1 annual renewal Prices Good for 3 years Bid Comments Notice Requesting Proposals for Legal Noticing Services The City of San Luis Obispo is requesting sealed proposals for services associated with Legal Noticing Services. All firms interested in receiving further correspondence regarding this Request for Proposals (RFP) will be required to complete a free registration using BidSync (https://www.bidsync.com/bidsync-app- web/vendor/register/Login.xhtml). All proposals must be received via BidSync by the Department of Finance at or before May 26, 2020, when they will be opened electronically in BidSync. Proposals received after said time may not be considered. The preferred method of submission is electronic via BidSync. If you wish to send a hard copy to guard against premature opening, each proposal shall be submitted to the Department of Finance in a sealed envelope plainly marked with the proposal title, project number, proposer name, and time and date of the proposal opening. Proposals shall be submitted using the forms provided in the project package. Project packages and additional information may be obtained at the City’s BidSync website at www.BidSync.com. Please contact Dan Clancy at dclancy@slocity.org with any questions. Item Response Form Item 2021-Legal Ad-01-01 - Notice Requesting Proposals for Legal Noticing Services The City of San Luis Ob Quantity 1 each Unit Price Delivery Location City of San Luis Obispo City Hall 990 Palm Street San Luis Obispo CA 93401 Qty 1 DocuSign Envelope ID: AF314920-ED19-461E-B092-F7A4FAF62581 City of San Luis Obispo Bid 2021-Legal Ad 4/30/2021 12:49 PM p. 3 Description Expected Expenditure $40,000.00 See attached bid document DocuSign Envelope ID: AF314920-ED19-461E-B092-F7A4FAF62581 City of San Luis Obispo Bid 2021-Legal Ad 4/30/2021 12:49 PM p. 4 Notice Requesting Proposals for Legal Noticing Services The City of San Luis Obispo is requesting sealed proposals for services associated with Legal Noticing Services. All firms interested in receiving further correspondence regarding this Request for Proposals (RFP) will be required to complete a free registration using BidSync (https://www.bidsync.com/bidsync-app- web/vendor/register/Login.xhtml). All proposals must be received via BidSync by the Department of Finance at or before May 26, 2020 when they will be opened electronically in BidSync. Proposals received after said time may not be considered. The preferred method of submission is electronically via BidSync. If you wish to send a hard copy to guard against premature opening, each proposal shall be submitted to the Department of Finance in a sealed envelope plainly marked with the proposal title, project number, proposer name, and time and date of the proposal opening. Proposals shall be submitted using the forms provided in the project package. Project packages and additional information may be obtained at the City’s BidSync website at www.BidSync.com. Please contact Dan Clancy at dclancy@slocity.org with any questions. The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities. Telecommunications Device for the Deaf (805) 781-7410. DocuSign Envelope ID: AF314920-ED19-461E-B092-F7A4FAF62581 City of San Luis Obispo Bid 2021-Legal Ad 16 4/30/2021 12:49 PM p. 5 A. SCOPE OF WORK The City is requesting proposals for legal notices which shall include the following features: The scope of services desired includes print advertising for specifically legal notices, and classified employment advertisements. The scope for all services includes, at a minimum: 1. Proposer shall have the capability to receive typeset/copy materials and proofs via email. Proposer shall provide City with an email address to be used for transmission of typeset matter. 2. City departments may require that a draft of the publication be submitted for proofreading prior to publication. If errors are found after the sample proof has been checked, a revised corrected proof shall be submitted immediately to said department for approval prior to the publication of the printed notices. All printing done hereunder that does not strictly comply with the approved proof furnished by the department originating such publication shall be corrected and republished by and at the expense of the Proposer. 3. The Proposer will provide deadlines and submittal instructions. 4. The Proposer shall submit proof of publication/tearsheet to the requesting City department and invoice to authorize payment by the City. 5. The publication rates proposed shall not exceed the customary rate charged by the Proposer for publication of legal notices, and classified advertisements. 6. The Proposer should be aware that on occasion, emergency situations may require special handling to meet specific dates. The Proposer must agree and be prepared to assist the City in these special situations. 7. The Agreement that may be awarded shall be valid from the date of approval by the City of San Luis Obispo City Manager and shall continue for three years, with the option to extend the agreement for two additional years. Legal Notices Advertising Scope of Work includes: 1. The successful Proposer must provide proof that the publication is a newspaper of general circulation within the City of San Luis Obispo as set forth in California Government Code Sections 6000-6008. 2. Printing and publishing all ordinances, notices, regulations, and advertisements of a legal nature that may be required by any City Department. The Proposer shall furnish an affidavit of posting to the designated representative of the City Department placing the advertisement within three (3) working days after publication, together with a statement of the charges. 3. If the Proposer awarded the legal advertising contract for the City is unable to publish on the date required by the City to satisfy state law requirements, the City may choose an alternative Proposer to meet publication deadline/requirements. Classified Employment Advertising Scope of Work includes: 1. Proposer shall, as a standard element of the publication(s), offer a clearly identified section devoted to and labeled as advertisements for employment opportunities, jobs available or similar identification, and agree to publish employment classified advertisements under the conditions agreed to in this contract. 2. In the event a classified employment advertisement is not published as scheduled when presented prior to printed deadlines, or is published in error, an error being a deviation from text provided by the City, there shall be no cost for the erroneous publication and a correct advertisement will be published on a similar day at no cost to the City. DocuSign Envelope ID: AF314920-ED19-461E-B092-F7A4FAF62581 City of San Luis Obispo Bid 2021-Legal Ad 17 4/30/2021 12:49 PM p. 6 B. PROJECT SCHEDULE Preliminary Schedule Tasks April 30, 2021 • Release RFP May 19, 2021 • Last day for proposer questions May 26, 2021 • Receive Proposals June 9, 2021 • Complete Evaluations and Recommendation of Award By June 16, 2021 • Execute Contract and Start Work C. GENERAL TERMS AND CONDITIONS PROPOSAL REQUIREMENTS 1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (bidder) shall meet all the terms, and conditions of the Request for Proposals (RFP) project package. By virtue of its proposal submittal, the bidder acknowledges agreement with and acceptance of all provisions of the RFP specifications. 2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and accompanied by any other required submittals or supplemental materials. Proposal documents shall be enclosed in an envelope that shall be sealed and addressed to the Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. To guard against premature opening, the proposal should be clearly labeled with the proposal title, project number, name of bidder, and date and time of proposal opening. No FAX or emailed submittals will be accepted. 3. Insurance Certificate. Each proposal must include a certificate of insurance showing: a. The insurance carrier and its A.M. Best rating. b. Scope of coverage and limits. c. Deductibles and self-insured retention. The purpose of this submittal is to generally assess the adequacy of the bidder’s insurance coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are not required until contract award. The City’s insurance requirements are detailed in Section E. 4. Proposal Quotes and Unit Price Extension. The extension of unit prices for the quantities indicated and the lump sum prices quoted by the bidder must be entered in figures in the spaces provided on the Proposal Submittal Form(s). Any lump sum bid shall be stated in figures. The Proposal Submittal Form(s) must be totally completed. If the unit price and the total amount stated by any bidder for any item are not in agreement, the unit price alone will be considered as representing the bidder’s intention and the proposal total will be corrected to conform to the specified unit price. 5. Proposal Withdrawal and Opening. A bidder may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the Director of Finance for its withdrawal, in which event the proposal will be returned to the bidder unopened. No proposal received after the time specified or at any place other than that stated in the “Notice Inviting DocuSign Envelope ID: AF314920-ED19-461E-B092-F7A4FAF62581 City of San Luis Obispo Bid 2021-Legal Ad 18 4/30/2021 12:49 PM p. 7 Bids/Requesting Proposals” will be considered. All proposals will be opened and declared publicly. Bidders or their representatives are invited to be present at the opening of the proposals. 6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested as the primary submitter in more than one proposal, except an alternative proposal when specifically requested; however, an individual or business entity that has submitted a sub-proposal to a bidder submitting a proposal, or who has quoted prices on materials to such bidder, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other bidders submitting proposals. 7. Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged but will be permitted. However, any such oral communication shall not be binding on the City. CONTRACT AWARD AND EXECUTION 8. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for examination and comparison. The City also reserves the right to waive non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the “special terms and conditions” in Section C of these specifications for proposal evaluation and contract award criteria. 9. Competency and Responsibility of Bidder. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of bidders. Bidders will provide, in a timely manner, all information that the City deems necessary to make such a decision. 10. Contract Requirement. The bidder to whom award is made (Contractor) shall execute a written contract with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications. CONTRACT PERFORMANCE 11. Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverages and amounts specified in Section E of these specifications within 10 (ten) calendar days after notice of contract award as a precondition to contract execution. 12. Business License & Tax. The Contractor must have a valid City of San Luis Obispo business license & tax certificate before execution of the contract. Additional information regarding the City’s business tax program may be obtained by calling (805) 781-7134. 13. Ability to Perform. The Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with all federal, state, county, city, and special district laws, ordinances, and regulations. 14. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. DocuSign Envelope ID: AF314920-ED19-461E-B092-F7A4FAF62581 City of San Luis Obispo Bid 2021-Legal Ad 19 4/30/2021 12:49 PM p. 8 15. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Contractor is required to pay. 16. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. 17. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 18. Public and Employee Safety. Whenever the Contractor’s operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 19. Preservation of City Property. The Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from the Contractor’s operations, it shall be replaced or restored at the Contractor’s expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. 20. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the United State pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 21. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 22. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City’s sole option, be extended for such periods as may be agreed upon by the City and the Contractor. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages that may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same. 23. Payment Terms. The City’s payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment, or services provided by the Contractor (Net 30). 24. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of the Contractor are being performed in accordance with the requirements and intentions of this contract. All work done, and all materials furnished, if any, shall be subject to the City’s inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements. 25. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor. DocuSign Envelope ID: AF314920-ED19-461E-B092-F7A4FAF62581 City of San Luis Obispo Bid 2021-Legal Ad 4/30/2021 12:49 PM p. 9 26. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The Contractor further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed. The Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. 27. Hold Harmless and Indemnification. (a) Non-design, non-construction Professional Services: To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (b) Non-design, construction Professional Services: To the extent the Scope of Services involve a “construction contract” as that phrase is used in Civil Code Section 2783, this paragraph shall apply in place of paragraph A. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8), Consultant shall indemnify, defend, and hold harmless the City, and its elected officials, officers, employees, volunteers, and agents (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the Consultant’s performance or Consultant’s failure to perform its obligations under this Agreement or out of the operations conducted by Consultant, except for such loss or damage arising from the active negligence, sole negligence or willful misconduct of the City. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonable legal fees, incurred in defense of such claims. (c) Design Professional Services: In the event Consultant is a “design professional”, and the Scope of Services require Consultant to provide “design professional services” as those phrases are used in Civil Code Section 2782.8, this paragraph shall apply in place of paragraphs A or B. To the fullest extent permitted by law (including, but not limited to California Civil Code Sections 2782 and 2782.8) Consultant shall indemnify, defend and hold harmless the City and its elected officials, officers, employees, volunteers and agents (“City Indemnitees”), from and against all claims, damages, injuries, losses, and expenses including costs, attorney fees, expert consultant and expert witness fees arising out of, pertaining to or relating to, the negligence, recklessness or willful misconduct of Consultant, except to the extent caused by the sole negligence, active negligence or willful misconduct of the City. Negligence, recklessness or willful misconduct of any subcontractor employed by Consultant shall be conclusively deemed to be the negligence, recklessness or willful misconduct of Consultant unless adequately corrected by Consultant. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Consultant’s performance of this Agreement, the Consultant shall provide a defense to the City Indemnitees or at the City’s option, reimburse the City Indemnitees 20 DocuSign Envelope ID: AF314920-ED19-461E-B092-F7A4FAF62581 City of San Luis Obispo Bid 2021-Legal Ad 4/30/2021 12:49 PM p. 10 their costs of defense, including reasonable legal fees, incurred in defense of such claims. In no event shall the cost to defend charged to Consultant under this paragraph exceed Consultant’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs. (d) The review, acceptance or approval of the Consultant’s work or work product by any indemnified party shall not affect, relieve or reduce the Consultant’s indemnification or defense obligations. This Section survives completion of the services or the termination of this contract. The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance. 28. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 29. Termination for Convenience. The City may terminate all or part of this Agreement for any or no reason at any time by giving 30 days written notice to Contractor. Should the City terminate this Agreement for convenience, the City shall be liable as follows: (a) for standard or off-the-shelf products, a reasonable restocking charge not to exceed ten (10) percent of the total purchase price; (b) for custom products, the less of a reasonable price for the raw materials, components work in progress and any finished units on hand or the price per unit reflected on this Agreement. For termination of any services pursuant to this Agreement, the City’s liability will be the lesser of a reasonable price for the services rendered prior to termination, or the price for the services reflected on this Agreement. Upon termination notice from the City, Contractor must, unless otherwise directed, cease work and follow the City’s directions as to work in progress and finished goods. 30. Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully abiding by any term or condition contained herein, the City may notify the Contractor in writing of such defect or failure to perform. This notice must give the Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Contractor to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Contractor’s surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the terminations thereof. In said event, the Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City’s Notice of Termination, minus any offset from such payment representing the City’s damages from such breach. “Reasonable value” includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Contractor shall be based solely on the City’s assessment of the value of the work-in-progress in completing the overall work scope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City’s sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in its proposal. 21 DocuSign Envelope ID: AF314920-ED19-461E-B092-F7A4FAF62581 City of San Luis Obispo Bid 2021-Legal Ad 22 4/30/2021 12:49 PM p. 11 SPECIAL TERMS AND CONDITIONS 1. Contract Award. Subject to the reservations set forth in Paragraph 9 of Section B (General Terms and Conditions) of these specifications, the contract will be awarded to the lowest responsible, responsive proposer. 2. Sales Tax Reimbursement. For sales occurring within the City of San Luis Obispo, the City receives sales tax revenues. Therefore, for bids from retail firms located in the City at the time of proposal closing for which sales tax is allocated to the City, 1% of the taxable amount of the bid will be deducted from the proposal by the City in calculating and determining the lowest responsible, responsive proposer. 3. Labor Actions. In the event that the successful proposer is experiencing a labor action at the time of contract award (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves the right to declare said proposer is no longer the lowest responsible, responsive proposer and to accept the next acceptable low proposal from a proposer that is not experiencing a labor action, and to declare it to be the lowest responsible, responsive proposer. 4. Failure to Accept Contract. The following will occur if the proposer to whom the award is made (Contractor) fails to enter into the contract: the award will be annulled; any bid security will be forfeited in accordance with the special terms and conditions if a proposer's bond or security is required; and an award may be made to the next lowest responsible, responsive proposer who shall fulfill every stipulation as if it were the party to whom the first award was made. 5. Contract Term. The supplies or services identified in this specification will be used by the City for up to one year. The prices quoted for these items must be valid for the entire period indicated above unless otherwise conditioned by the proposer in its proposal. 6. Contract Extension. The term of the contract may be extended by mutual consent for an additional one-year, and annually thereafter, for a total of four years. 7. Supplemental Purchases Supplemental Purchases. Supplemental purchases may be made from the successful proposer during the contract term in addition to the items listed in the Detail Proposal Submittal Form. For these supplemental purchases, the proposer shall not offer prices to the City in excess of the amounts offered to other similar customers for the same item. If the proposer is willing to offer the City a standard discount on all supplemental purchases from its generally prevailing or published price structure during the contract term, this offer and the amount of discount on a percentage basis should be provided with the proposal submittal. 8. Contractor Invoices. The Contractor may deliver either a monthly invoice to the City with attached copies of detail invoices as supporting detail, or in one lump-sum upon completion. 9 Non-Exclusive Contract. The City reserves the right to purchase the items listed in the Detail Proposal Submittal Form, as well as any supplemental items, from other vendors during the contract term. DocuSign Envelope ID: AF314920-ED19-461E-B092-F7A4FAF62581 City of San Luis Obispo Bid 2021-Legal Ad 23 4/30/2021 12:49 PM p. 12 10. Unrestrictive Brand Names. Any manufacturer's names, trade names, brand names or catalog numbers used in the specifications are for the purpose of describing and establishing general quality levels. Such references are not intended to be restrictive. Proposals will be considered for any brand that meets or exceeds the quality of the specifications given for any item. In the event an alternate brand name is proposed, supplemental documentation shall be provided demonstrating that the alternate brand name meets or exceeds the requirements specified herein. The burden of proof as to the suitability of any proposed alternatives is upon the proposer, and the City shall be the sole judge in making this determination. 11. Delivery. Prices quoted for all supplies or equipment to be provided under the terms and conditions of this RFP package shall include delivery charges, to be delivered F.O.B. San Luis Obispo by the successful proposer and received by the City within 90 days after authorization to proceed by the City. 12. Start and Completion of Work. Work on this project shall begin immediately after contract execution and shall be completed within 90 calendar days thereafter, unless otherwise negotiated with City by mutual agreement. 13. Change in Work. The City reserves the right to change quantities of any item after contract award. If the total quantity of any changed item varies by 25% or less, there shall be no change in the agreed upon unit price for that item. Unit pricing for any quantity changes per item in excess of 25% shall be subject to negotiation with the Contractor. 14. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form provided in the RFP package. 15. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past governmental agency bidding or contract disqualifications on the form provided in the RFP package. DocuSign Envelope ID: AF314920-ED19-461E-B092-F7A4FAF62581 City of San Luis Obispo Bid 2021-Legal Ad 24 4/30/2021 12:49 PM p. 13 1. Proposal Content. Your proposal must include the following information: Submittal Forms a. Proposal submittal summary. b. Certificate of insurance. c. References from at least three firms for whom you have provided similar services. Qualifications d. Experience of your firm and those of sub-consultants in performing work and projects relevant to the Scope of Services outlined and described in the request. e. Resumes of the individuals who would be assigned to this project, including any sub-consultants, with their corollary experience highlighted and specific roles in this project clearly described. f. Standard hourly billing rates for the assigned staff, including any sub-consultants. g. Statement and explanation of any instances where your firm or sub-consultant has been removed from a project or disqualified from proposing on a project. Work Program h. Detailed description of your approach to completing the work. i. Detailed schedule by task and sub-task for completing the work. j. Estimated hours for your staff in performing each phase and task of the work, including sub- consultants, so we can clearly see who will be doing what work, and how much time it will take. k. Detailed budget by task and sub-task for completing the work. l. Services or data to be provided by the City. m. Services and deliverables provided by the Consultant(s). n. Any other information that would assist us in making this contract award decision. o. Description of assumptions critical to development of the response which may impact cost or scope. Requested Changes to Terms and Conditions p. The City desires to begin work soon after selecting the preferred Consultant Team. To expedite the contracting process, each submittal shall include requested redlined changes to terms and conditions, if necessary. Proposal Length q. Proposal length should only be as long as required to be responsive to the RFP, including attachments and supplemental materials. 2. Proposal Evaluation and Selection. Proposals will be evaluated by a review committee and evaluated on the following criteria: Evaluation Criteria Evaluation weight PROPOSAL CONTENT DocuSign Envelope ID: AF314920-ED19-461E-B092-F7A4FAF62581 City of San Luis Obispo Bid 2021-Legal Ad 25 4/30/2021 12:49 PM p. 14 1. Quality, clarity and responsiveness of the proposal. 10 2. Recent experience in successfully performing similar services. 10 3. Frequency of publication print and online. 15 4. Circulation of paper in the City of San Luis Obispo. (Online and Print) 10 5. Proposed pricing. 25 6. Lead time 10 7. Sample of legal ad and pricing. 10 8. Background and related experience of the specific individuals to be assigned to this project. 5 9. References. 5 Total 100 As reflected above, contract award will not be based solely on price, but on a combination of factors as determined to be in the best interestof the City. After evaluating the proposals and discussing them further with the finalists or the tentatively selected contractor, the City reserves the right to further negotiate the proposed work and/or method and amount of compensation. 3. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for proposal review and contract award: Preliminary Schedule Tasks April 28, 2021 • Release RFP May 19, 2021 • Last day for proposer questions May 26, 2021 • Receive Proposals June 9, 2021 • Complete Evaluations and Recommendation of Award By June 16, 2021 • Execute Contract and Start Work 4. Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of the Contractor as part of the work or services under these specifications shall become the permanent property of the City and shall be delivered to the City upon demand. 5. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the Contractor as part of the work or services under these specifications shall be the property of the City and shall not be made available to any individual or organization by the Contractor without the prior written approval of the City. 6. Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Contractor is required to furnish in limited quantities as part of the work or services under these specifications, the Contractor shall provide such additional copies as are requested, and City shall compensate the Contractor for the costs of duplicating of such copies at the Contractor's direct expense. 7. Required Deliverable Products. The Contractor will be required to provide: DocuSign Envelope ID: AF314920-ED19-461E-B092-F7A4FAF62581 City of San Luis Obispo Bid 2021-Legal Ad 26 4/30/2021 12:49 PM p. 15 a. One electronic submission - digital-ready original .pdf of all final documents. If you wish to file a paper copy, please submit in sealed envelope to the address provided in the RFP. b. Corresponding computer files compatible with the following programs whenever possible unless otherwise directed by the project manager: Word Processing: MS Word Spreadsheets: MS Excel Desktop Publishing: InDesign Virtual Models: Sketch Up Digital Maps: Geodatabase shape files in State Plan Coordinate System as specified by City GIS staff c. City staff will review any documents or materials provided by the Contractor and, where necessary, the Contractor will be required to respond to staff comments and make such changes as deemed appropriate. ALTERNATIVE PROPOSALS 8. Alternative Proposals. The proposer may submit an alternative proposal (or proposals) that it believes will also meet the City's project objectives but in a different way. In this case, the proposer must provide an analysis of the advantages and disadvantages of each of the alternative and discuss under what circumstances the City would prefer one alternative to the other(s). 9. Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is attendance by the Contractor at up to [number] public meetings to present and discuss its findings and recommendations. Contractor shall attend as many "working" meetings with staff as necessary in performing work-scope tasks. 10. Accuracy of Specifications. The specifications for this project are believed by the City to be accurate and to contain no affirmative misrepresentation or any concealment of fact. Bidders are cautioned to undertake an independent analysis of any test results in the specifications, as City does not guaranty the accuracy of its interpretation of test results contained in the specifications package. In preparing its proposal, the bidder and all subcontractors named in its proposal shall bear sole responsibility for proposal preparation errors resulting from any misstatements or omissions in the plans and specifications that could easily have been ascertained by examining either the project site or accurate test data in the City's possession. Although the effect of ambiguities or defects in the plans and specifications will be as determined by law, any patent ambiguity or defect shall give rise to a duty of bidder to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against the bidder. An ambiguity or defect shall be considered patent if it is of such a nature that the bidder, assuming reasonable skill, ability and diligence on its part, knew or should have known of the existence of the ambiguity or defect. Furthermore, failure of the bidder or subcontractors to notify City in writing of specification or plan defects or ambiguities prior to proposal submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of the proposal. To the extent that these specifications constitute performance specifications, the City shall not be liable for costs incurred by the successful bidder to achieve the project’s objective or standard beyond the amounts provided there for in the proposal. DocuSign Envelope ID: AF314920-ED19-461E-B092-F7A4FAF62581 City of San Luis Obispo Bid 2021-Legal Ad 27 4/30/2021 12:49 PM p. 16 In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity or defect in the plans and/or specifications, or any other matter whatsoever, Contractor shall immediately notify the City in writing, and the Contractor and all subcontractors shall continue to perform, irrespective of whether or not the ambiguity or defect is major, material, minor or trivial, and irrespective of whether or not a change order, time extension, or additional compensation has been granted by City. Failure to provide the hereinbefore described written notice within one (1) working day of contractor's becoming aware of the facts giving rise to the dispute shall constitute a waiver of the right to assert the causative role of the defect or ambiguity in the plans or specifications concerning the dispute. DocuSign Envelope ID: AF314920-ED19-461E-B092-F7A4FAF62581 City of San Luis Obispo Bid 2021-Legal Ad 28 4/30/2021 12:49 PM p. 17 SECTION G: FORM OF AGREEMENT AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and [CONTRACTOR’S NAME IN CAPITAL LETTERS], hereinafter referred to as Contractor. W I T N E S S E T H: WHEREAS, on [date], City requested proposals for 4/30/2021, per Project No. [xxxx] WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by City for said project; NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, until acceptance or completion of said project. 2. INCORPORATION BY REFERENCE. City Specification No. and Contractor's proposal dated [date] is hereby incorporated in and made a part of this Agreement and attached as Exhibit A. The City’s terms and conditions are hereby incorporated in an made a part of this Agreement as Exhibit B. To the extent that there are any conflicts between the Contractor’s fees and scope of work and the City’s terms and conditions, the City’s terms and conditions shall prevail, unless specifically agreed otherwise in writing signed by both parties. 3. CITY'S OBLIGATIONS. For providing the services as specified in this Agreement, City will pay, and Contractor shall receive therefore compensation [xxxxxxx]. If there are installment payments? Contractor shall be eligible for compensation installments after completion of milestone Tasks -E as shown in the attached project schedule. 4. CONTRACTOR/CONSULTANT’S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to do everything required by this Agreement and the said specifications. 5. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Manager. 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be DocuSign Envelope ID: AF314920-ED19-461E-B092-F7A4FAF62581 City of San Luis Obispo Bid 2021-Legal Ad 29 4/30/2021 12:49 PM p. 18 of any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto. 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City Name Dept. Address Consultant Name Title Address Address 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that everyone executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. CITY OF SAN LUIS OBISPO: By: City Manager APPROVED AS TO FORM: CONSULTANT: By: City Attorney Name of CAO / President Its: CAO / President DocuSign Envelope ID: AF314920-ED19-461E-B092-F7A4FAF62581 City of San Luis Obispo Bid 2021-Legal Ad 30 4/30/2021 12:49 PM p. 19 SECTION H: INSURANCE REQUIREMENTS Operations, Maintenance, General Services Contracts The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. DocuSign Envelope ID: AF314920-ED19-461E-B092-F7A4FAF62581 City of San Luis Obispo Bid 2021-Legal Ad 31 4/30/2021 12:49 PM p. 20 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing required coverage. Original endorsements effecting general liability and automobile liability coverage are also required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. DocuSign Envelope ID: AF314920-ED19-461E-B092-F7A4FAF62581 City of San Luis Obispo Bid 2021-Legal Ad 32 4/30/2021 12:49 PM p. 21 SAN LUIS OBISPO CITY COUNCIL NOTICE OF PUBLIC HEARING AVILA RANCH DEVELOPMENT PROJECT SECTION I: PROPOSAL SUBMITTAL FORM - SAMPLE The undersigned declares that she or he has carefully examined Specification No. 91737, which is hereby made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the proposing firm; and agrees to perform the specified work for the following cost quoted in full: I. Rates Description First Insertion Per Word Per Column Inch Subsequent Insertions Per Word Per Column Inch a. Classified Rates $0.25 $8.50 $0.25 $8.50 b. Public Notices $0.25 $8.50 $0.25 $8.50 c. Publisher’s Affidavits N/A N/A N/A N/A TOTAL $0.50 $17.00 $0.50 $17.00 Please create a legal notice from the following information and what the cost would be for the ad. The San Luis Obispo City Council invites all interested persons to attend a public hearing on Tuesday, September 19, 2021, at 6:00 p.m. in the City Hall Council Chamber, 990 Palm Street, San Luis Obispo, California, relative to the following: Public hearing to consider the Avila Ranch project, including 1) Related Entitlements, 2) The certification of the Final Environmental Impact Report (EIR), and 3) Resolution of Intention to form a Community Facilities District (CFD). Project entitlements include: 1) General Plan Amendment, 2) Specific Plan Amendment, 3) Rezone, 4) Development Plan, 5) Vesting Tentative Tract Map, and 6) Development Agreement. Development plan for the site includes up to 720 residential units; 15,000 square feet of neighborhood commercial development; and approximately 18 acres of parks, with 53 acres of the site to remain in open space. Project Address: 175 Venture Drive; Case #: GENP 1319-2015, SPEC/ER 1318-2015; SBDV 2042-2015; OTHR 0455-2017; Special Focus Area SP-4; Avila Ranch, LLC, applicant. DocuSign Envelope ID: AF314920-ED19-461E-B092-F7A4FAF62581 City of San Luis Obispo Bid 2021-Legal Ad 33 4/30/2021 12:49 PM p. 22 For more information on this item, you are invited to contact Tyler Corey of the City’s Community Development Department at (805) 781-7169 or by email attcorey@slocity.org The City Councilmay alsodiscussotherhearingsor businessitemsbefore oraftertheitems listed above. If you challenge the proposed project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the publichearing. Reports for this meeting will be available for review in the City Clerk’s Office and online at www.slocity.org on Wednesday, September 13, 2021. Please call the City Clerk’s Office at (805) 781-7100 for more information. The City Council meeting will be televised live on Charter Cable Channel 20 and live streaming on www.slocity.org. Teresa Purrington City Clerk City of San LuisObispo II. Deadlines and Publication Dates 1. What are your submission deadlines for the following? TIME DAY a. Classified Ads 5:00 PM Monday b. Legal Notices 12:00 PM (NOON) WEDNESDAY (for Thursday publication) 2. How often is your official paper published during a week? 1 TIME, EVERY THURSDAY 3. Are legal notices published in other publications other than the official publications stated in #2 above? NO DocuSign Envelope ID: AF314920-ED19-461E-B092-F7A4FAF62581 DocuSign Envelope ID: AF314920-ED19-461E-B092-F7A4FAF62581 City of San Luis Obispo Bid 2021-Legal Ad -35-4/30/2021 12:49 PM p.24 City of San Luis Obispo Specification No. 9xxxx REFERENCES Number of years engaged in providing the services included within the scope of the specifications under the present business name: New Times (28 years). Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the services included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1: Agency Name City of Pismo Beach Contact Name Erica Inderlied Telephone & Email 805-773-7003; einderlied@pismobeach.org Street Address 760 Mattie Road City, State, Zip Code Pismo Beach, CA 93449 Description of services provided including contract amount, when provided and project outcome Publishes Public Notices and provides Proof of Publication/Affidavits upon completion of publication. Reference No. 2: Agency Name County of San Luis Obispo, Clerk Recorder Contact Name Annette Ramirez Telephone & Email 805-781-5088; aramirez@co.slo.ca.us Street Address 1055 Monterey Street, Room D120 City, State, Zip Code San Luis Obispo, CA 93408 Description of services provided including contract amount, when provided and project outcome Publishes Public Notices and provides Proof of Publication/Affidavits upon completion of publication. DocuSign Envelope ID: AF314920-ED19-461E-B092-F7A4FAF62581 City of San Luis Obispo Bid 2021-Legal Ad -36-4/30/2021 12:49 PM p.25 City of San Luis Obispo Specification No. 9xxxx Reference No. 3 Agency Name City of Morro Bay Contact Name Dana Swanson Telephone & Email 805-772-6205; dswanson@morrobayca.gov Street Address 595 Harbor Street City, State, Zip Code Morro Bay, CA 93442 Description of services provided including contract amount, when provided and project outcome Publishes Public Notices and provides Proof of Publication/Affidavits upon completion of publication. DocuSign Envelope ID: AF314920-ED19-461E-B092-F7A4FAF62581 City of San Luis Obispo Bid 2021-Legal Ad -37-4/30/2021 12:49 PM p.26 City of San Luis Obispo Specification No. 9xxxx STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The proposer shall state whether it or any of its officers or employees who have a proprietary interest in it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of the violation of law, a safety regulation, or for any other reason, including but not limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the circumstances. ◼Do you have any disqualification as described in the above paragraph to declare? Yes ❑ No x ◼If yes, explain the circumstances. Executed on at under penalty of perjury of the laws of the State of California, that the foregoing is true and correct. Signature of Authorized Proposer Representative DocuSign Envelope ID: AF314920-ED19-461E-B092-F7A4FAF62581 City of San Luis Obispo Bid 2021-Legal Ad DocuSign Envelope ID: AF314920-ED19-461E-B092-F7A4FAF62581 DocuSign Envelope ID: AF314920-ED19-461E-B092-F7A4FAF62581 Legal Notice Contact for New Times Email address to be used for transmission of typeset matter phorton@newtimesslo.com. Submittal Forms a.Proposal submittal summary b.Certificate of insurance - Enclosed c.Sample Local Notice cost $106 per week. Enclosed d.References from least three firms for whom you have provided similar services. Submitted on enclosed form. Qualifications e. Experience of your firm in performing similar services . New Times has been publishing legal notices since 1993, and we would be proud to publish the City of San Luis Obispo’s public notices. We are proud to say that we provide great customer service for our clients while saving them money at the same time. We perform all tasks related to the publication of public notices in a timely manner and take special care when it comes to billing. Here is a list of some clients we encourage you to call and check in on our work, County of San Luis Obispo, Sheriff Department, San Luis Coastal Unified School Distract, City of Pismo Beach, City of Morro Bay Templeton CSD, California Valley CSD, and San Simeon CSD. We also publish many FBN’s for business owners in the County of San Luis Obispo as well as a variety of other legal publications for local and non-local law firms. f. Our standard hourly rate Our legal desk is paid $17.0 per hour. Our legal desk has had the same person for over six years processing legal notices. g. Average circulation and number (print and on-line) Our total weekly print circulation is 25,000 with 50,750 online monthly readers (we don’t charge for online access). New Times circulation has been DocuSign Envelope ID: AF314920-ED19-461E-B092-F7A4FAF62581 audited by, Verified Audit out of Marin, Ca for the past 33 years. Our weekly return rate (papers that are not picked up each week) averages 5%. Work Program i. Description of your approach to completing the work. With the importance of legal notices needing to publish correctly and in a timely manner, we take our job very seriously. We have a dedicated staff member who over sees all notices and a production team that also knows that we need to get the job done right. We will do what ever it takes to publish your public notices to your satisfaction. We will email proofs, if required, get the billing out the day of publication, provide affidavits and make sure we are attentive to your requirements. j. Services or data to be provided by the city . You would need to provide us with your public notices by email based on agreed deadlines, unless you prefer a different method. If you choose to, you would need to proof and approve your public notice, prior to publication. To clarify our deadlines We accept legal notice’s Monday through Friday. The deadline for Thursday publication is 12 pm on Wednesday. DocuSign Envelope ID: AF314920-ED19-461E-B092-F7A4FAF62581 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD NEWTI-1 OP ID: BC 05/12/2021 Walterry Insurance Brokers Walterry Insurance Brokers 7411 Old Branch Avenue Clinton, MD 20735 William J. C. Coady AAI 800-638-8791 301-868-2611 ACE Fire Underwriters Ins Co ACE Property & Casualty Ins. Slo New Times Inc Donna Godfrey 1010 Marsh St. San Luis Obispo, CA 93401 A 2,000,000 X X D95595054 10/19/2020 10/19/2021 1,000,000 X 5,000 2,000,000 4,000,000 X 4,000,000 2,000,000A D95595054 10/19/2020 10/19/2021 X X X 1,000,000 X B D95595078 10/19/2020 10/19/2021 1,000,000 0X A D95595054 10/19/2020 10/19/2021 Property 173,826 The City, its officers, officials, employees, agents and volunteers are included as additional insureds as required by contract with respects the the insureds operations per policy form BOP47635a(07-16). This insurance shall be primary and non-contributory per policy form BOP47635a(07-16). CITYS-3 City of San Luis Obispo Department of Finance 909 Palm Street San Luis Obispo, CA 93401 800-638-8791 20699 Business Owner's Business Owner's DocuSign Envelope ID: AF314920-ED19-461E-B092-F7A4FAF62581 DocuSign Envelope ID: AF314920-ED19-461E-B092-F7A4FAF62581