Agenda Item Wording:
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Award RFB-21-22-34, a one-year contract for Publishing Legal Advertisements to Visalia Times Delta in an amount not to exceed $90,000.
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Deadline for Action: 3/6/2023
Submitting Department: Finance and Technology Services
Contact Name and Phone Number: Renee Nagel, Director of Finance and Technology 713-4375, Elizabeth Forrester, Management Analyst 713-4476
Department Recommendation:
Award of RFB-21-22-34 to Visalia Times Delta for a one-year contract for Publishing Legal Advertisements in an amount not to exceed $90,000 and designate Visalia Times Delta as the official newspaper for advertising such notices, per instructions of the City Charter.
Background Discussion:
The Visalia City Charter, Section 12, requires the City Council to designate an official newspaper for advertising legal notices by annually calling for bids from newspapers of general circulation as defined by the State of California, and shall be designated by the Council as the official newspaper for advertising such notices.
In the past, the Visalia Times Delta was the only newspaper listed with the Tulare County Recorder’s Office as an Adjudicated Newspaper of General Circulation for publishing in Visalia, CA.
The City recently became aware that the Foothills Sun-Gazette has been recorded on the list of Adjudicated Newspapers of General Circulation for Visalia. The Purchasing Division prepared and advertised a Request for Bids (RFB) 21-22-34, Annual Contract for Publishing Legal Advertisements. On January 20, 2023, the City received bids from the Visalia Times Delta and the Foothills Sun-Gazette.
The bid from the Foothills Sun-Gazette was rejected due to not meeting the City’s specification for publishing a minimum of three days per week. Currently they publish once per week.
The bid specification for a publishing a minimum of three days per week is to ensure that there are adequate opportunities to advertise legal notices and avoid delays in project timelines, public hearings, bid meetings, project awards, budget adoption, etc. Many of the City’s timelines are specifically tied to projects with funding that have expiration dates.
On January 26, 2023, the Foothills Sun-Gazette was sent a notice via U.S. Mail and via email that their bid was being rejected due to not meeting the specification for publishing frequency. Included with this notice was an excerpt from the City’s purchasing policy which outlines the instructions and deadlines for appealing this decision. No appeal has been received and it is past the deadline for doing so.
The Visalia Times Delta publishes 6 days per week and meets the requirements specified in the bid. Staff spends approximately $75,000 annually on legal advertising for various departments and anticipates increased volume of advertising in the coming year. Therefore, staff recommends awarding a contract to Visalia Times Delta at their stated bid prices for a term of one year in an amount not to exceed $90,000. To comply with the City Charter, Staff will re-bid this contract annually.
Fiscal Impact:
Not to exceed $90,000 annually.
Prior Council Action: None.
Other: n/a
Alternatives: n/a
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to designate the Visalia Times Delta as the official newspaper for publishing legal advertisements and award a one-year contract in an amount not to exceed $90,000.
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Environmental Assessment Status: n/a
CEQA Review: n/a
Attachments: RFB 21-22-34 Legal Ad Publishing, RFB 21-22-34A1, Bid Evaluation RFB 21-22-34, Visalia Times Delta Bid, Draft Contract