Loading...
HomeMy WebLinkAboutItem 15 - Citywide Purchase Order to Daily Journal Corporation for PublishingFinance and Management Services www.santa-ana.org/finance Item # 15 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 17, 2024 TOPIC: Legal Notices, Public Awareness Advertising, and Publishing Services AGENDA TITLE Citywide Purchase Order to Daily Journal Corporation for Legal Notices, Public Awareness Advertising and Publishing Services (Specification No. 24-119) (General Fund and Non -General Fund) RECOMMENDED ACTION Award Citywide Purchase Order to Daily Journal Corporation for legal notices, public awareness advertising, and publishing services for a term beginning on December 18, 2024 as part of the County agreement, and expiring September 14, 2028, in an amount not to exceed $1,000,000 based on the term and pricing. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The Purchasing Division establishes annual Citywide Purchase Orders with vendors that provide services and materials required by City Agencies on a recurring basis. The City is currently required to post legal notices in newspapers locally adjudicated for the City of Santa Ana for various types of postings. Postings requiring legal notice include Notices of Public Hearing for the Santa Ana Planning Commission, Publication of approved as well as upcoming City Council Ordinances, Boards and Commissions Vacancies or Applications Notices, Election -Related Notices, Notices related to the Annual Budget and ACFR, and Requests for Proposals for certain Public Works Projects. Santa Ana City Ordinance No. NS-3041 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. County of Orange, a cooperative government purchasing agency, awarded a contract to Daily Journal Corporation (RCA-017-23010049) as a result of open, competitive bidding on behalf of its members, which includes government agencies. Purchasing Staff researched available procurement options and determined that Daily Journal Corporation meets the City's specifications and can consistently provide the legal notices, public awareness advertising, and publishing services to be utilized by the City at contracted pricing. For un-contracted entities, Daily Journal Corporation is raising Legal Notices, Public Awareness Advertising, and Publishing Services December 17, 2024 Page 2 publishing rates annually, starting October 1, 2024. By leveraging the procurement power through cooperative purchasing, the City of Santa Ana is able to obtain contracted pricing, and thereby is able to avoid publishing rate increases, and is in accordance with the City's existing Purchasing Guidelines. Therefore, staff recommends awarding a contract to Daily Journal Corporation for a total contract not -to -exceed amount of $1,000,000. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The FY24-25 budget includes allocations to fund an estimated amount of $200,000 in the accounts listed below as well as other various departmental Miscellaneous Operating Expense accounts (no. 63001) depending on Agencies' needs. Future fiscal year funding for a total amount not to exceed $1,000,000 will be included in the proposed budgets for City Council consideration. Prior to utilizing the citywide contracts, the requesting departments will follow the Purchasing Policies and Procedures (Policy) and ensure funds are available. Upon successful completion of the fiscal review, the Purchasing Division will approve orders in accordance with the Policy. Department / Division Account City Clerk's Office 01107031-62200 / -62300 PBA - Planning 01116510-62200 FMSA — Management Support 01110100-63001 FMSA — Accounting 01110110-62300 FMSA — Treasury and Customer Services 01110130-62300 CDA — Housing 13018780-62200 CDA — Housing 13518780-62200 CDA — Housing 13518783-62200 CDA — Housing 13518785-62200 CDA — Housing Authority 14018760-62200 CDA — Housing 18218780-62200 CDA — Housing 41718820-62200 CDA — Housing 60718810-62200 CDA — ED 01118810-62200 CDA — Homeless 12218716-62200 CDA — Work Center 12318748-62200 CDA — Work Center 12318763-62200 CDA —Capital Improvements 41818832-62200 CDA — Successor Agency 67018843-62200 PD — Police / Administration / Evidence 01114448-62200 PD — Various 01114XXX-62200 PWA — Parks, Fleet, and Facilities 01117651-XXXXX PWA — Traffic/Trans — Service Enhancement 01117620-66220 Legal Notices, Public Awareness Advertising, and Publishing Services December 17, 2024 Page 3 PWA — Right -of -Way 01117622-66220 PWA — Park Maintenance Service Enhancement 01117651-66220 PWA — Park Service Enhancement 01117652-66220 PWA — Road Maintenance 01117660-66220 PWA — Measure M2 Local Fairshare 03217662-66220 PWA — Capital Recovery Charges 05417647-66220 PWA — Fed Clean Water Protection 05717640-66220 PWA — Select Street Construction 05917660-66220 PWA — HUTA 2103 Gas Tax 05917663-66220 PWA — HUTA Gas Tax 05917665-66220 PWA — Water Utility Water Production & Supply 06017640-62300 PWA — Water Quality 06017644-62300 PWA — Water Admin/En ineerin 06017645-62300 PWA — Water Utility Capital Projects 06617647-66301 PWA — Environment / Sanitation 06817640-63001 PWA — Roadway Cleaning 06817641-63001 PWA — Refuse Collection Service 06917640-63001 PWA — Development Engineering 10117605-62300 PWA — Street Safety Projects 14717611-66220 PWA — Water Quality and Control 16417640-66220 PWA - ARPA 18117013-66220 EXHIBIT(S) 1. County of Orange Regional Cooperative Agreement No. RCA-017-23010049 Submitted By: Kathryn Downs, FMSA Executive Director Approved By: Alvaro Nunez, City Manager DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 EXHIBIT 1 REGIONAL COOPERATIVE AGREEMENT (RCA) CONTRACT NUMBER RCA-017-23010049 BETWEEN • COUNTY OF ORANGE/COUNTY PROCUREMENT OFFICE AND DAILY JOURNAL CORPORATION FOR LEGAL NOTICES, PUBLIC AWARENESS ADVERTISING AND PUBLISHING SERVICES This Contract RCA-017-23010049 for Legal Notices, Public Awareness Advertising and Publishing Services ("Contract") is made and entered into as of the date fully executed by and between the County of Orange, a political subdivision of the State of California, ("County") and Daily Journal Corporation, a State of California Corporation ("Contractor") with a County and Contractor sometimes referred to individually as ("Party") or collectively as ("Parties"). ATTACHMENTS This Contract is comprised of this document and the following Attachments, which are attached hereto and incorporated by reference into this Contract: Attachment A — Scope of Work Attachment B — Compensation and Payment Attachment C — Pricing RECITALS WHEREAS, Contractor and County are entering into this Contract for Legal Notices, Public Awareness Advertising and Publishing Services under a firm fixed fee Contract; and, WHEREAS, County solicited Contract for Legal Notices, Public Awareness Advertising and Publishing Services as set forth herein, and Contractor represented that it is qualified to provide Legal Notices, Public Awareness Advertising and Publishing Services to the County as further set forth here; and, WHEREAS, Contractor agrees to provide Legal Notices, Public Awareness Advertising and Publishing Services to the County as further set forth in the Scope of Work, attached hereto as Attachment A; and, WHEREAS, County agrees to pay Contractor based on the schedule of fees set forth in Payment/Compensation, attached hereto as Attachment B; and, NOW, THEREFORE, the Parties mutually agree as follows ARTICLES GENERAL TERMS AND CONDITIONS: A. GOVERNING LAW AND VENUE: This Contract has been negotiated and executed in the state of California and shall be governed by and construed under the laws of the state of California. In the event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for adjudication to another county. County of Orange, County Procurement Office Page I of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 B. ENTIRE CONTRACT: This Contract contains the entire Contract between the parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing. Electronic acceptance of any additional terms, conditions or supplemental Contracts by any County employee or agent, including but not limited to installers of software, shall not be valid or binding on County unless accepted in writing by County's Purchasing Agent or designee. C. AMENDMENTS: No alteration or variation of the terms of this Contract shall be valid unless made in writing and signed by the parties; no oral understanding or agreement not incorporated herein shall be binding on either of the parties; and no exceptions, alternatives, substitutes or revisions are valid or binding on County unless authorized by County in writing. D. TAXES: Unless otherwise provided herein or by law, price quoted does not include California state sales or use tax. Out-of-state Contractors shall indicate California Board of Equalization permit number and sales permit number on invoices, if California sales tax is added and collectable. If no permit numbers are shown, sales tax will be deducted from payment. The Auditor -Controller will then pay use tax directly to the State of California in lieu of payment of sales tax to the Contractor. E. DELIVERY: Time of delivery of goods or services is of the essence in this Contract. County reserves the right to refuse any goods or services and to cancel all or any part of the goods not conforming to applicable specifications, drawings, samples or descriptions or services that do not conform to the prescribed statement of work. Acceptance of any part of the order for goods shall not bind County to accept future shipments nor deprive it of the right to return goods already accepted at Contractor's expense. Over shipments and under shipments of goods shall be only as agreed to in writing by County. Delivery shall not be deemed to be complete until all goods or services have actually been received and accepted in writing by County. F. ACCEPTANCE/PAYMENT: Unless otherwise agreed to in writing by County, 1) acceptance shall not be deemed complete unless in writing and until all the services have actually been rendered, inspected, and tested to the satisfaction of County, and 2) payment shall be made after satisfactory acceptance. G. WARRANTY: Contractor expressly warrants that the goods covered by this Contract are 1) free of liens or encumbrances, 2) merchantable and good for the ordinary purposes for which they are used, and 3) fit for the particular purpose for which they are intended. Acceptance of this order shall constitute an agreement upon Contractor's part to indemnify, defend and hold County and its indemnities as identified in Article "Z" below, and as more fully described in Article "Z," harmless from liability, loss, damage and expense, including reasonable counsel fees, incurred or sustained by County by reason of the failure of the goods/services to conform to such warranties, faulty work performance, negligent or unlawful acts, and non-compliance with any applicable state or federal codes, ordinances, orders, or statutes, including the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act. Such remedies shall be in addition to any other remedies provided by law. H. PATENT/COPYRIGHT MATERIALS/PROPRIETARY INFRINGEMENT: Unless otherwise expressly provided in this Contract, Contractor shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this Contract. Contractor warrants that any software as modified through services provided hereunder will not infringe upon or violate any patent, proprietary right, or trade secret right of any third party. Contractor agrees that, in accordance with the more specific requirement contained in Article "Z" below, it shall indemnify, defend and hold County and County Indemnitees harmless from any and all such claims and be responsible for payment of all costs, damages, penalties and expenses related to or arising from such claim(s), including, costs and expenses but not including attorney's fees. County of Orange, County Procurement Office Page 2 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 I. ASSIGNMENT: The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of the parties. Furthermore, neither the performance of this Contract nor any portion thereof may be assigned by Contractor without the express written consent of County. Any attempt by Contractor to assign the performance or any portion thereof of this Contract without the express written consent of County shall be invalid and shall constitute a breach of this Contract. NON-DISCRIMINATION: In the performance of this Contract, Contractor agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. Contractor acknowledges that a violation of this provision shall subject Contractor to penalties pursuant to Section 1741 of the California Labor Code. K. TERMINATION: In addition to any other remedies or rights it may have by law, County has the right to immediately terminate this Contract without penalty for cause or after 30 days' written notice without cause, unless otherwise specified. Cause shall be defined as any material breach of contract, any misrepresentation or fraud on the part of the Contractor. Exercise by County of its right to terminate the Contract shall relieve County of all further obligations. L. CONSENT TO BREACH NOT WAIVER No term or provision of this Contract shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach. M. INDEPENDENT CONTRACTOR: Contractor shall be considered an independent contractor and neither Contractor, its employees, nor anyone working under Contractor shall be considered an agent or an employee of County. Neither Contractor, its employees nor anyone working under Contractor shall qualify for workers' compensation or other fringe benefits of any kind through County. N. PERFORMANCE WARRANTY: Contractor shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to County's satisfaction. Contractor shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other goods/services furnished by the Contractor under this Contract. Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of County required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed by subcontractors. O. INSURANCE PROVISION: Contractor will need to comply with the following insurance requirements if making the deliveries to the County of Orange. No insurance is required if a common carrier makes deliveries to the County of Orange. Prior to the provision of services under this Contract, the Contractor agrees to purchase all required insurance at Contractor's expense, including all endorsements required herein, necessary to satisfy the County that the insurance provisions of this Contract have been complied with. Contractor agrees to keep such insurance coverage, Certificates of Insurance, and endorsements on deposit with the County during the entire term of this Contract. In addition, all subcontractors performing work on behalf of Contractor pursuant to this Contract shall obtain insurance subject to the same terms and conditions as set forth herein for Contractor. Contractor shall ensure that all subcontractors performing work on behalf of Contractor pursuant County of Orange, County Procurement Office Page 3 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 to this Contract shall be covered under Contractor's insurance as an Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for Contractor. Contractor shall not allow subcontractors to work if subcontractors have less than the level of coverage required by County from Contractor under this Contract. It is the obligation of Contractor to provide notice of the insurance requirements to every subcontractor and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of insurance must be maintained by Contractor through the entirety of this Contract for inspection by County representative(s) at any reasonable time. All self -insured retentions (SIRs) shall be clearly stated on the Certificate of Insurance. Any self - insured retention (SIR) in an amount in excess of Fifty Thousand Dollars ($50,000) shall specifically be approved by the County's Risk Manager, or designee, upon review of Contractor's current audited financial report. If Contractor's SIR is approved, Contractor, in addition to, and without limitation of, any other indemnity provision(s) in this Contract, agrees to all of the following: 1. In addition to the duty to indemnify and hold the County harmless against any and all liability, claim, demand or suit resulting from Contractor's, its agents, employee's or subcontractor's performance of this Contract, Contractor shall defend the County at its sole cost and expense with counsel approved by Board of Supervisors against same; and 2. Contractor's duty to defend, as stated above, shall be absolute and irrespective of any duty to indemnify or hold harmless; and 3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to which the duty to defend stated above applies, and the Contractor's SIR provision shall be interpreted as though the Contractor was an insurer and the County was the insured. If the Contractor fails to maintain insurance acceptable to the County for the full term of this Contract, the County may terminate this Contract. Qualified Insurer The policy or policies of insurance must be issued by an insurer with a minimum rating of A - (Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most current edition of the Best's Key Rating Guide/Property-Casualty/United States or ambest.com). It is preferred, but not mandatory, that the insurer be licensed to do business in the state of California (California Admitted Carrier). If the insurance carrier does not have an A.M. Best Rating of A-/VIII, the CEO/Office of Risk Management retains the right to approve or reject a carrier after a review of the company's performance and financial ratings. The policy or policies of insurance maintained by the Contractor shall provide the minimum limits and coverage as set forth below: Coverage Minimum Limits Commercial General Liability $1,000,000 per occurrence $2,000,000 aggregate Automobile Liability including coverage for owned, non -owned and hired vehicles $1,000,000 per occurrence Workers Compensation Statutory Employers Liability Insurance $1,000,000 per occurrence County of Orange, County Procurement Office Page 4 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 Professional Liability* $1,000,000 per claims -made or occurrence $1,000,000 aggregate Required Coverage Forms The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad. The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 0012, CA 00 20, or a substitute form providing coverage at least as broad. Required Endorsements The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of Insurance: 1. An Additional Insured endorsement using ISO form CG 20 26 04 13or a form at least as broad naming the County of Orange its elected and appointed officials, officers, agents and employees as Additional Insureds, or provide blanket coverage, which will state AS REQUIRED BY WRITTEN CONTRACT. 2. A primary non-contributing endorsement using ISO form CG 20 0104 13, or a form at least as broad evidencing that the Contractor's insurance is primary and any insurance or self- insurance maintained by the County of Orange shall be excess and non-contributing. The Workers' Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against the County of Orange, its elected and appointed officials, officers, agents and employees or provide blanket coverage, which will state AS REQUIRED BY WRITTEN CONTRACT. All insurance policies required by this Contract shall waive all rights of subrogation against the County of Orange, its elected and appointed officials, officers, agents and employees when acting within the scope of their appointment or employment. Contractor shall notify County in writing within thirty (30) days of any policy cancellation and ten (10) days for non-payment of premium and provide a copy of the cancellation notice to County. Failure to provide written notice of cancellation may constitute a material breach of the Contract, upon which the County may suspend or terminate this Contract. The Commercial General Liability policy shall contain a "Severability of Interests" clause also known as a "Separation of Insureds" clause (standard in the ISO CG 0001 policy). Insurance certificates should be forwarded to the agency/department address listed on the solicitation. If the Contractor fails to provide the insurance certificates and endorsements within seven (7) days of notification by CEO/Procurement or the agency/department procurement division, award may be made to the next qualified vendor. Insurance certificates should be emailed to CEOPOInsurance(iDoc ov�com. Insurance certificates should state: County of Orange County Procurement Office Attn: Insurance 400 West Civic Center Drive, 5th Floor Santa Ana, CA 92701 County of Orange, County Procurement Office Page 5 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 County expressly retains the right to require Contractor to increase or decrease insurance of any of the above insurance types throughout the term of this Contract. Any increase or decrease in insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately protect County. County shall notify Contractor in writing of changes in the insurance requirements. If Contractor does not deposit copies of acceptable Certificates of Insurance and endorsements with County incorporating such changes within thirty (30) days of receipt of such notice, this Contract may be in breach without further notice to Contractor, and County shall be entitled to all legal remedies. The procuring of such required policy or policies of insurance shall not be construed to limit Contractor's liability hereunder nor to fulfill the indemnification provisions and requirements of this Contract, nor act in any way to reduce the policy coverage and limits available from the insurer Contractor will need to comply with the following insurance requirements if making the deliveries to the County of Orange. No insurance is required if a common carrier makes deliveries to the County of Orange. P. CHANGES: Contractor shall make no changes in the work or perform any additional work without the County's specific written approval. Q. CHANGE OF OWNERSHIP: Contractor agrees that if there is a change or transfer in ownership of Contractor's business prior to completion of this Contract, and the County agrees to an assignment of the Contract, the new owners shall be required under the terms of sale or other instruments of transfer to assume Contractor's duties and obligations contained in this Contract and complete them to the satisfaction of the County. County reserves the right to immediately terminate the Contract in the event the County determines that the assignee is not qualified or is otherwise unacceptable to the County for the provision of services under the Contract. In addition, Contractor has the duty to notify the County in writing of any change in the Contractor's status with respect to name changes that do not require an assignment of the Contract. The Contractor is also obligated to notify the County in writing if the Contractor becomes a party to any litigation against the County, or a party to litigation that may reasonably affect the Contractor's performance under the Contract, as well as any potential conflicts of interest between Contractor and County that may arise prior to or during the period of Contract performance. While Contractor will be required to provide this information without prompting from the County any time there is a change in Contractor's name, conflict of interest or litigation status, Contractor must also provide an update to the County of its status in these areas whenever requested by the County. The Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with County interests. In addition to the Contractor, this obligation shall apply to the Contractor's employees, agents, and subcontractors associated with the provision of goods and services provided under this Contract. The Contractor's efforts shall include, but not be limited to establishing rules and procedures preventing its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence County staff or elected officers in the performance of their County. R. FORCE MAJEURE: Contractor shall not be assessed with liquidated damages or unsatisfactory performance penalties during any delay beyond the time named for the performance of this Contract caused by any act of God, war, civil disorder, employment strike or other cause beyond its reasonable control, provided Contractor gives written notice of the cause of the delay to County within 36 hours of the start of the delay and Contractor avails himself of any available remedies. S. CONFIDENTIALITY: Contractor agrees to maintain the confidentiality of all County and County - related records and information pursuant to all statutory laws relating to privacy and confidentiality County of Orange, County Procurement Office Page 6 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 that currently exist or exist at any time during the term of this Contract. All such records and information shall be considered confidential and kept confidential by Contractor and Contractor's staff, agents and employees. T. COMPLIANCE WITH LAWS: Contractor represents and warrants that services to be provided under this Contract shall fully comply, at Contractor's expense, with all standards, laws, statutes, restrictions, ordinances, requirements, and regulations (collectively "laws"), including, but not limited to those issued by County in its governmental capacity and all other laws applicable to the services at the time services are provided to and accepted by County. Contractor acknowledges that County is relying on Contractor to ensure such compliance, and pursuant to the requirements of Article "Z" below, Contractor agrees that it shall defend, indemnify and hold County and County INDEMNITEES harmless from all liability, damages, costs and expenses arising from or related to a violation of such laws. U. FREIGHT (F.O.B. DESTINATION): Prior to the County's express acceptance of delivery of products, Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Contract. V. SEVERABILITY: If any term, covenant, condition or provision of this Contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. W. ATTORNEY FEES: In any action or proceeding to enforce or interpret any provision of this Contract, each party shall bear their own attorney's fees, costs and expenses. X. INTERPRETATION: This Contract has been negotiated at arm's length and between persons sophisticated and knowledgeable in the matters dealt with in this Contract. In addition, each party had been represented by experienced and knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have not been influenced to any extent whatsoever in executing this Contract by any other party hereto or by any person representing them, or both. Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Contract against the party that has drafted it is not applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable manner to affect the purpose of the parties and this Contract. Y. EMPLOYEE ELIGIBILITY VERIFICATION: Contractor warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirement set forth in Federal statutes and regulations. The Contractor shall obtain, from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. The Contractor shall retain all such documentation for all covered employees for the period prescribed by the law. The Contractor shall indemnify, defend with counsel approved in writing by County, and hold harmless, the County, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against the Contractor or the County or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract. Z. INDEMNIFICATION PROVISIONS: Contractor agrees to indemnify, defend with counsel approved in writing by County, and hold County, its elected and appointed officials, officers, employees, agents and those special districts and agencies which County's Board of Supervisors acts as the governing Board ("County Indemnitees") harmless from any claims, demands or liability of any County of Orange, County Procurement Office Page 7 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by Contractor pursuant to this Contract. If judgment is entered against Contractor and County by a court of competent jurisdiction because of the concurrent active negligence of County or County Indemnitees, Contractor and County agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment. AA. AUDITS/INSPECTIONS: Contractor agrees to permit the County's Auditor -Controller or the Auditor -Controller's authorized representative (including auditors from a private auditing firm hired by the County) access during normal working hours to all books, accounts, records, reports, files, financial records, supporting documentation, including payroll and accounts payable/receivable records, and other papers or property of Contractor for the purpose of auditing or inspecting any aspect of performance under this Contract. The inspection and/or audit will be confined to those matters connected with the performance of the Contract including, but not limited to, the costs of administering the Contract. The County will provide reasonable notice of such an audit or inspection. BB. CONTINGENCY OF FUNDS: Contractor acknowledges that funding or portions of funding for this Contract may be contingent upon state budget approval; receipt of funds from, and/or obligation of funds by, the state of California to County; and inclusion of sufficient funding for the services hereunder in the budget approved by County's Board of Supervisors for each fiscal year covered by this Contract. If such approval, funding or appropriations are not forthcoming, or are otherwise limited, County may immediately terminate or modify this Contract without penalty. CC. EXPENDITURE LIMIT: Contractor shall notify the County of Orange assigned Deputy Purchasing Agent in writing when the expenditures against the Contract reach 75 percent of the dollar limit on the Contract. The County will not be responsible for any expenditure overruns and will not pay for work exceeding the dollar limit on the Contract unless a change order to cover those costs has been issued. ADDITIONAL TERMS AND CONDITIONS: 1. SCOPE OF CONTRACT: This Contract specifies the contractual terms and conditions by which the County will procure Legal Notices, Public Awareness Advertising and Publishing Services from Contractor as further detailed in the Scope of Work, identified and incorporated herein by this reference as Attachment A. 2. TERM OF CONTRACT: The initial term of this Contract shall become effective September 15, 2023, and shall continue for five (5) years, unless otherwise terminated as provided herein. AMERICANS WITH DISABILITIES ACT (ADA): Section 504 of the Rehabilitation Act of 1973 as amended; Title VI and VII ofthe Civil Rights Act of 1964 as amended; Americans with Disabilities Act, 42 USC 12101; California Code of Regulations, Title 2, Title 22: California Government Code, Sections 11135, et seq; and other federal and state laws and executive orders prohibit discrimination. All programs, activities, employment opportunities, and services must be made available to all persons, including persons with disabilities. 4. AUTHORIZATION WARRANTY: The Contractor represents and warrants that the person executing this Contract on behalf of and for the Contractor is an authorized agent who has actual authority to bind the Contractor to each and every term, condition and obligation of this Contract and that all requirements of the Contractor have been fulfilled to provide such actual authority. 5. BREACH OF CONTRACT: The failure of the Contractor to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event the County may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract: County of Orange, County Procurement Office Page 8 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 a) Terminate the Contract immediately, pursuant to Section K herein; b) Afford the Contractor written notice of the breach and ten calendar days or such shorter time that may be specified in this Contract within which to cure the breach; c) Discontinue payment to the Contactor for and during the period in which the Contractor is in breach; and d) Offset against any monies billed by the Contractor but yet unpaid by the County those monies disallowed pursuant to the above. 6. CAL -OSHA VEHICLE REGULATION: All vehicles must meet California Motor Vehicle and Cal - OSHA regulations and all other applicable codes required for vehicle use on the roads or highways in the state of California. 7. CIVIL RIGHTS: Contractor attests that services provided shall be in accordance with the provisions of Title VI and Title VII of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975 as amended; Title II of the Americans with Disabilities Act of 1990, and other applicable State and federal laws and regulations prohibiting discrimination on the basis of race, color, national origin, ethnic group identification, age, religion, marital status, sex or disability. 8. COOPERATIVE CONTRACT - REGIONAL COOPERATIVE AGREEMENT (RCA): This Contract is a cooperative contract and may be utilized by all County of Orange departments. The provisions and pricing of this Contract will be extended to any Municipal, County, Public Utility, Hospital, Educational Institution, or any other non-profit or governmental organization. Governmental entities wishing to use this contract will be responsible for issuing their own purchase documents / price agreements, providing for their own acceptance, and making any subsequent payments. Contractor shall be required to include in any Contract entered into with another agency or entity that is entered into as an extension of this Contract a Contract clause that will hold harmless the County of Orange from all claims, demands, actions or causes of actions of every kind resulting directly or indirectly, arising out of, or in any way connected with the use of this Contract. Failure to do so will be considered a material breach of this Contract and grounds for immediate Contract termination. The cooperative entities are responsible for obtaining all certificates of insurance and bonds required. The County of Orange makes no guarantee of usage by other users of this Contract. A 2 percent rebate on Eligible Revenues will be paid to the County for any contracts the Contractor agrees to enter into with other entities under the provisions and pricing of this Contract. The Contractor shall provide quarterly Volume Sales Reports to the County about additional sales to other entities under the provisions and pricing of this Contract. The Reports shall include the ordering agency, detail of items sold including description, quantity, and price, and shall include all transactions pertaining to sales under the Contract provisions and pricing for that Reporting Period. Contractor shall provide the Volume Sales Reports regardless of whether or not any sales have been conducted. Failure of the Contractor to provide quarterly reports as required, may be deemed breach of the contract. A late penalty of 15 percent on the value of the rebate may be assessed to the Contractor for each month the payments are not received. 9. CONFLICT OF INTEREST— COUNTY PERSONNEL: The County of Orange Board of Supervisors policy prohibits its employees from engaging in activities involving a conflict of interest. The Contractor shall not, during the period of this Contract, employ any County employee for any purpose. 10. CONTRACTOR WORK HOURS AND SAFETY STANDARDS: The Contractor shall ensure compliance with all safety and hourly requirements for employees in accordance with federal, state and County's safety regulations and laws. County of Orange, County Procurement Office Page 9 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 11. CONDITIONS AFFECTING WORK: Contractor shall be responsible for taking all steps reasonably necessary to ascertain the nature and location of the work to be performed under this Contract and to know the general conditions, which can affect the work or the cost thereof. Any failure by the Contractor to do so will not relieve Contractor from responsibility for successfully performing the work without additional cost to the County. The County assumes no responsibility for any understanding or representations concerning the nature, location(s) or general conditions made by any of its officers or agents prior to the execution of this Contract, unless such understanding or representations by the County are expressly stated in the Contract. 12. COUNTY OF ORANGE LOCAL SMALL BUSINESS PREFERENCE REQUIREMENTS: Contractor certifies it is in compliance with County of Orange Local Small Business Preference requirements at the time this Contract is executed. 13. DATA — TITLE To: All materials, documents, data or information obtained from the County data files or any County medium furnished to the Contractor in the performance of this Contract will at all times remain the property of the County. Such data or information may not be used or copied for direct or indirect use by the Contractor after completion or termination of this Contract without the express written consent of the County. All materials, documents, data or information, including copies, must be returned to the County at the end of this Contract. 14. DEBARMENT: Contractor shall certify that neither Contractor nor its principles are presently debarred, proposed for debarment, declared ineligible or voluntarily excluded from participation in the transaction by any Federal department or agency. Where Contractor as the recipient of federal funds, in unable to certify to any of the statements in the certification, Contractor must include an explanation with the bid/proposal. Debarment pending debarment, declared ineligibility or voluntary exclusion from participation by any Federal department of agency may result in the bid/proposal being deemed non -responsible. 15. DEFAULT: In case of default by Contractor, the County of Orange may procure the services from other sources. If the cost for those goods and/or services is higher than under the terms of the existing Contract, Contractor will be responsible for paying the County the difference between the Contract cost and the price paid, and the County may deduct this cost from any unpaid balance due the Contractor. The price paid by the County shall be the prevailing market price at the time such purchase is made. This is in addition to any other remedies available under this Contract and under law. 16. DELIVERY LOCATION — NO LOADING DOCK: Delivery locations may not have loading docks. The Contractor is required to make all necessary arrangements for lift trucks or other means necessary to complete delivery. Inside delivery to secured facilities may be required. 17. DISABLED VETERAN BUSINESS ENTERPRISE: Contractor certifies it is in compliance with County of Orange Disable Veteran Business Enterprise Preference requirements at the time this contract is executed. 18. DISPUTES — CONTRACT: a. The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor's Project Manager and the County`s Project Manager, such matter shall be brought to the attention of the County Deputy Purchasing Agent by way of the following process: 1) Contractor shall submit to the agency/department assigned Deputy Purchasing Agent a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision. County of Orange, County Procurement Office Page 10 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 2) Contractor's written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable. b. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the provision of services under this Contract. The Contractor's failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County Deputy Purchasing Agent or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor's demand, it shall be deemed a final decision adverse to the Contractor's contentions. Nothing in this section shall be construed as affecting the County's right to terminate the Contract for cause or termination for convenience as stated in section K herein. 19. DRUG -FREE WORKPLACE: The Contractor hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug -free workplace. The Contractor will: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a)(1). b. Establish a drug -free awareness program as required by Government Code Section 8355(a)(2) to inform employees about all of the following: i. The dangers of drug abuse in the workplace; ii. The organization's policy of maintaining a drug -free workplace; iii. Any available counseling, rehabilitation and employee assistance programs; and iv. Penalties that may be imposed upon employees for drug abuse violations. C. Provide as required by Government Code Section 8355(a)(3) that every employee who works under this Contract: i. Will receive a copy of the company's drug -free policy statement; and ii. Will agree to abide by the terms of the company's statement as a condition of employment under this Contract. Failure to comply with these requirements may result in suspension of payments under the Contract or termination of the Contract or both, and the Contractor may be ineligible for award of any future County contracts if the County determines that any of the following has occurred: a. The Contractor has made false certification, or b. The Contractor violates the certification by failing to carry out the requirements as noted above. 20. EMERGENCY/DECLARED DISASTER REQUIREMENTS: In the event of an emergency or if Orange County is declared a disaster area by the County, state or federal government, this Contract may be subjected to unusual usage. The Contractor shall service the County during such an emergency or declared disaster under the same terms and conditions that apply during non-emergency/disaster County of Orange, County Procurement Office Page 11 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 conditions. The pricing quoted by the Contractor shall apply to serving the County's needs regardless of the circumstances. If the Contractor is unable to supply the goods/services under the terms of the Contract, then the Contractor shall provide proof of such disruption and a copy of the invoice for the goods/services from the Contractor's supplier(s). Additional profit margin as a result of supplying goods/services during an emergency or a declared disaster shall not be permitted. In the event of an emergency or declared disaster, emergency purchase order numbers will be assigned. All applicable invoices from the Contractor shall show both the emergency purchase order number and the Contract number. 21. ERRORS AND OMISSIONS: All reports, files and other documents prepared and submitted by Contractor shall be complete and shall be carefully checked by the professional(s) identified by Contractor as project manager and key personnel attached hereto, prior to submission to the County. Contractor agrees that County review is discretionary, and Contractor shall not assume that the County will discover errors and/or omissions. If the County discovers any errors or omissions prior to approving Contractor's reports, files and other written documents, the reports, files or documents will be returned to Contractor for correction. Should the County or others discover errors or omissions in the reports, files or other written documents submitted by the Contractor after County approval thereof, County approval of Contractor's reports, files or documents shall not be used as a defense by Contractor in any action between the County and Contractor, and the reports, files or documents will be returned to Contractor for correction 22. EQUAL EMPLOYMENT OPPORTUNITY: Contractor shall comply with U.S. Executive Order 11246 entitled, "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor regulations (41 CFR, Part 60) and applicable state of California regulations as may now exist or be amended in the future. The Contractor shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, ancestry, religion, sex, marital status, political affiliation or physical or mental condition. Regarding handicapped persons, the Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to provide equal opportunity to handicapped persons in employment or in advancement in employment or otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicaps in all employment practices such as the following: employment, upgrading, promotions, transfers, recruitments, advertising, layoffs, terminations, rate of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to comply with the provisions of Sections 503 and 504 of the Rehabilitation Act of 1973, as amended, pertaining to prohibition of discrimination against qualified handicapped persons in all programs and/or activities as detailed in regulations signed by the Secretary of the Department of Health and Human Services effective June 3, 1977, and found in the Federal Register, Volume 42, No. 68 dated May 4, 1977, as may now exist or be amended in the future. Regarding Americans with disabilities, Contractor agrees to comply with applicable provisions of Title 1 of the Americans with Disabilities Act enacted in 1990 as may now exist or be amended in the future. 23. EQUIPMENT MAINTENANCE SERVICE: Cleaning, inspecting, replacing all worn parts, lubricating, testing, and adjusting will be provided as required to maintain the equipment in satisfactory operating condition. The Contractor inspections will be completed during County work hours and will be coordinated with the agency/department having control of the equipment. Emergency service required and performed during normal business hours is included at no extra charge. The Contractor shall list any parts that are not considered part of this equipment maintenance price agreement. County of Orange, County Procurement Office Page 12 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 24. GRATUITIES: Contractor warrants that no gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor to any officer or employee of the County with a view toward securing the Contract or securing favorable treatment with respect to any determinations concerning the performance of the Contract. For breach or violation of this warranty, the County shall have the right to terminate the Contract, either in whole or in part, and any loss or damage sustained by the County in procuring on the open market any goods or services which the Contractor agreed to supply shall be borne and paid for by the Contractor. The rights and remedies of the County provided in the clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the Contract. 25. HAZARDOUS CONDITIONS: Whenever the Contractor's operations create a condition hazardous to traffic or to the public, the Contractor shall provide flagmen and furnish, erect and maintain control devices as are necessary to prevent accidents or damage or injury to the public at Contractor's expense and without cost to the County. The Contractor shall comply with County directives regarding potential hazards. Emergency lights and traffic cones must also be readily available at all times and must be used in any hazardous condition. Emergency traffic cones must be placed in front of and behind vehicles to warn oncoming traffic. Signs, lights, flags, and other warning and safety devices shall conform to the requirements set forth in Chapter 5 of the current traffic manual, Traffic Control for Construction and Maintenance Work Zones, published by the state of California Department of Transportation. 26. INTERPRETATION: This Contract has been negotiated at arm's length and between persons sophisticated and knowledgeable in the matters dealt with in this Contract. In addition, each party had been represented by experienced and knowledgeable independent legal counsel of their own choosing or has knowingly declined to seek such counsel despite being encouraged and given the opportunity to do so. Each party further acknowledges that they have not been influenced to any extent whatsoever in executing this Contract by any other party hereto or by any person representing them, or both. Accordingly, any rule or law (including California Civil Code Section 1654) or legal decision that would require interpretation of any ambiguities in this Contract against the party that has drafted it is not applicable and is waived. The provisions of this Contract shall be interpreted in a reasonable manner to effect the purpose of the parties and this Contract. 27. LOBBYING: On the best information and belief, Contractor certifies no federal appropriated funds have been paid or will be paid by, or on behalf of, the Contractor to any person influencing or attempting to influence an officer or employee of Congress; or an employee of a member of Congress in connection with the awarding of any federal contract, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 28. MATERIAL SAFETY DATA SHEETS (MSDS): The Contractor is required to provide a completed Material Safety Data Sheet (MSDS) for each hazardous substance provided to the County under the contractor's contract with the County. This includes hazardous substances that are not directly included in the Contract but are included in the goods or services provided by the Contractor to the County. The provision of the MSDSs must be in accordance with the requirements of California Labor Code Sections 6380 through 6399, General Industry Safety Order Section 5194, and Title 8, California Code of Regulations. The MSDSs for each substance must be sent to the place of shipment or provision of goods/services and must also be sent to: County of Orange CEO/Risk Management Attn: Safety and Loss Prevention Program PO Box 327 Santa Ana, CA 92702 County of Orange, County Procurement Office Page 13 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 29. NEWS/INFORMATION RELEASE: Contractor agrees that it will not issue any news releases in connection with either the award of this Contract or any subsequent amendment of or effort under this Contract without first obtaining review and written approval of said news releases from the County through the County's Project manager. 30. NOTICES: Any and all notices, requests demands and other communications contemplated, called for, permitted, or required to be given hereunder shall be in writing, except through the course of the parties' project managers' routine exchange of information and cooperation during the terms of the work and services. Any written communications shall be deemed to have been duly given upon actual in -person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no greater than four calendar days after being mailed by US certified or registered mail, return receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the first day. All communications shall be addressed to the appropriate party at the address stated herein or such other address as the parties hereto may designate by written notice from time to time in the manner aforesaid. Contractor: Daily Journal Corporation Attn: Ari G. Arambula 915 E. 1st Street Los Angeles, CA 90012 Phone: (213) 229-5530 Email: ari_gutierrezkdailyjoumal.com For County: County of Orange County Procurement Office Attn: Jessica Cortez, Deputy Purchasing Agent 400 West Civic Center Drive, 5th Floor Santa Ana, CA 92701 Phone: (714) 834-6829 Email: Jessica. Cortez(kocgov.com 31. ORDER DATES: Orders may be placed during the term of the Contract even if delivery may not be made until after the term of the Contract. The Contractor must clearly identify the order date on all invoices to County and the order date must precede the expiration date of the Contract. 32. OWNERSHIP OF DOCUMENTS: County has permanent ownership of all directly connected and derivative materials produced under this Contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remain the sole property of the County and may be used by the County as it may require without additional cost to the County. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the County. 33. PRECEDENCE: The Contract documents consist of this Contract and its exhibits and attachments. In the event of a conflict between or among the Contract documents, the order of precedence shall be the provisions of the main body of this Contract, i.e., those provisions set forth in the recitals and articles of this Contract, and then the exhibits and attachments. 34. PROJECT MANAGER, COUNTY: The County shall appoint a project manager to act as liaison between the County and the Contractor during the term of this Contract. The County's project manager shall coordinate the activities of the County staff assigned to work with the Contractor. The County's project manager shall have the right to require the removal and replacement of the Contractor's project manager and key personnel. The County's project manager shall notify the County of Orange, County Procurement Office Page 14 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 Contractor in writing of such action. The Contractor shall accomplish the removal within three (3) business days after written notice from the County's project manager. The County's project manager shall review and approve the appointment of the replacement for the Contractor's project manager and key personnel. Said approval shall not be unreasonably withheld. The County is not required to provide any additional information, reason or rationale in the event it requires the removal of Contractor's Project Manager from providing further services under the Contract. 35. PROJECT MANAGER AND KEY PERSONNEL, CONTRACTOR: Contractor shall appoint a Project Manager to direct the Contractor's efforts in fulfilling Contractor's obligations under this Contract. This Project Manager shall be subject to approval by the County and shall not be changed without the written consent of the County's Project Manager, which consent shall not be unreasonably withheld. The Contractor's Project Manager shall be assigned to this project for the duration of the Contract and shall diligently pursue all work and services to meet the project time lines. The County's Project Manager shall have the right to require the removal and replacement of the Contractor's Project Manager from providing services to the County under this Contract. The County's Project manager shall notify the Contractor in writing of such action. The Contractor shall accomplish the removal within three (3) business days after written notice by the County's Project Manager. The County's Project Manager shall review and approve the appointment of the replacement for the Contractor's Project Manager. The County is not required to provide any additional information, reason or rationale in the event it requires the removal of Contractor's Project Manager from providing further services under the Contract. 36. SUB -CONTRACTING: No performance of this Contract or any portion thereof may be subcontracted by the Contractor without the express written consent of the County. Any attempt by the Contractor to subcontract any performance of this Contract without the express written consent of the County shall be invalid and shall constitute a breach of this Contract. In the event that the Contractor is authorized by the County to subcontract, this Contract shall take precedence over the terms of the Contract between Contractor and subcontractor and shall incorporate by reference the terms of this Contract. The County shall look to the Contractor for performance and indemnification and not deal directly with any subcontractor. All work performed by a subcontractor must meet the approval of the County of Orange. 37. SUBSTITUTIONS: The Contractor is required to meet all specifications and requirements contained herein. No substitutions will be accepted without prior County written approval. 38. TERMINATION ORDERLY: After receipt of a termination notice from the County of Orange, the Contractor may submit to the County a termination claim, if applicable. Such claim shall be submitted promptly, but in no event later than 60 days from the effective date of the termination, unless one or more extensions in writing are granted by the County upon written request of the Contractor. Upon termination County agrees to pay the Contractor for all services performed prior to termination which meet the requirements of the Contract, provided, however, that such compensation combined with previously paid compensation shall not exceed the total compensation set forth in the Contract. Upon termination or other expiration of this Contract, each party shall promptly return to the other party all papers, materials, and other properties of the other held by each for purposes of performance of the Contract. 39. USAGE: No guarantee is given by the County to the Contractor regarding usage of this Contract. Usage figures, if provided, are approximations. The Contractor agrees to supply services and/or commodities requested, as needed by the County of Orange, at rates/prices listed in the Contract, regardless of quantity requested. 40. USAGE REPORTS: The Contractor shall submit usage reports on an annual basis to the assigned Deputy Purchasing Agent of the County of Orange user agency/department. The usage report shall County of Orange, County Procurement Office Page 15 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 be in a format specified by the user agency/department and shall be submitted 90 days prior to the expiration date of the contract term, or any subsequent renewal term, if applicable. 41. WAIVERS - CONTRACT: The failure of the County in any one or more instances to insist upon strict performance of any of the terms of this Contract or to exercise any option contained herein shall not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon any such terms or option on any future occasion. County of Orange, County Procurement Office Page 16 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 CONTRACT SIGNATURE PAGE IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the date first above written. DAILY JOURNAL CORPORATION, * e— Doc u Signed by: N&ttb— V, 5ftr"i chel l e D. Stephens vice President 8/2/2023 Signature Name Title Date DocuSigned by: �Lc Tu To CFO 8/3/2023 Signature Name Title Date COUNTY OF ORANGE, A political subdivision of the State of California Signature Deputy Purchasing Agent Name Title Date * If the contracting party is a corporation, (2) two signatures are required: one (1) signature by the Chairman of the Board, the President or any Vice President; and one (1) signature by the Secretary, any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer. The signature of one person alone is sufficient to bind a corporation, as long as he or she holds corporate offices in each of the two categories described above. For County purposes, proof of such dual office holding will be satisfied by having the individual sign the instrument twice, each time indicating his or her office that qualifies under the above described provision. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal authority of the signee to bind the corporation. County of Orange, County Procurement Office Page 17 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 ATTACHMENT A �Xall] 9 pro] DILI11] I ►� SCOPE OF SERVICES: Contractor shall provide Legal Notices and Public Awareness Advertising Placement Services to various departments/agencies located throughout the County of Orange. Legal Notices and Public Awareness Advertising Placement Services are requested on an as -needed basis and usage is not guaranteed. I. NO SERVICE CHARGE: Contractor will perform County -requested ad placement services including media research, planning, typesetting, ad placement, online posting, billing, and other related ad placement services at no charge above the commissionable rate of the selected media. II. NEWSPAPER/INTERNET RATES: A. Contractor Shall: Place advertising in daily, weekly, outreach or trade publications, and/or websites. 1. Quote commissionable rates for legal notices and public awareness advertising, including employment recruitment. a. Quoted per column inch rates for frequently used newspapers are quoted for official legal notices and flat rates for seizure and citation notices. Contractor will provide advance quotes for public awareness advertising published in print, websites, or other appropriate advertising vehicles. 2. Update the rate list annually or as rates are changed by the media listed on the contract rate sheets. III. OFFICIAL NEWSPAPER: A. Contractor will provide publishing services for legal notices advertising in a designated newspaper of General Circulation adjudicated for the City of Santa Ana and the County of Orange. B. The official newspaper shall publish not less than three times per week. C. Contractor shall maintain a valid newspaper's adjudicated decree and a current Statement of Ownership (circulation verification) throughout the term of the Contract. D. Contractor will provide deadline schedules and submittal instructions. IV. LEGALLY QUALIFIED NEWSPAPERS: A. Contractor will provide a listing of newspapers qualified to publish legal notices for the County of Orange along with corresponding publishing rates. B. Contractor will provide deadline schedules and submittal instructions. V. OUTREACH PUBLICATIONS/MEDIA: A. Contractor will provide a listing of newspapers and other print media that may be used by County departments for public awareness advertising, including foreign language publications that circulate within the County of Orange. B. Additionally, on an as needed basis, the Contractor will identify publications and websites that may be used for marketing purposes inside or outside the County including out-of-state publications and trade publications such as the Wall Street Journal. County of Orange, County Procurement Office Page 18 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 VI. WEB BASED AD PLACEMENT: A. At no additional cost to the County, the Contractor shall provide a real-time web based internet access for submittal of advertising text, customized by County department. B. Contractor to provide customization, set-up and training per County department needs and/or requirements. C. The web based internet access must provide customized ad templates and/or import capabilities, publication lists, publication dates, deadlines and legal qualifications, ad tracking, budget tracking, accounting access, on-line archives of invoices and proofs of publication. VII. CONTRACTOR RESPONSIBILITIES: A. Contractor will be responsible for placing advertising orders at no charge above the commissionable rate for Legal, Run of Paper (ROP), Employment and Classified Advertising with various newspapers, magazines, trade publications, Internet web sites and other media as message appropriate for the County of Orange by performing the following: 1. Establish customer accounts for all County agencies/departments on an individual basis. 2. Process all advertising orders/notices in the publication(s) as specified by the requesting County agency/department in accordance with the specifications, instructions, & format provided by the individual requesting agency/department. Some agencies/departments may have politically, and time -sensitive notices/orders to be published on an on -going basis and must maintain control of publications that are language specific. The user department shall submit the advertising information with placement instructions directly to the Contractor avoiding miscommunications with media vendors. Contractor shall be responsible for timely and accurate placement of the notices/ advertisements. 4. Contractor will be required to publish various notices/advertisements from one to thirty days, or longer, per specific written instructions, which may be subject to and governed by strict Government Code. 5. Contractor may be required to provide other services that may include, but are not limited to, copy and ad coordination, ad design, and media planning. Third party charges, if any, will be quoted in advance at the industry standard commissionable rate. B. Contractor will designate an ad placement personnel for the County so that department personnel will speak to the same Contractor staff on a regular basis. C. Contractor will cross -train other staff to cover for the County assigned ad placement personnel to cover during sick and vacation days. D. Services to the County shall not be interrupted due to Contractor's personnel issues. E. Contractor will also assign a field representative to the County to coordinate ad placement procedures and services. VIII. TRANSMITTAL OF ORDERS: A. Each agency or department requesting Contractor's services will have specific requirements, and in some cases, Contractor may be required to provide online access for automated advertisement placement and tracking, and required training and support, at no additional charge to the County, for the purpose of transmitting advertising text to the Contractor. The County will assume no liability for any software supplied to the County in the performance of required services from the Contractor. County of Orange, County Procurement Office Page 19 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 B. Contractor should be aware that on occasion, emergency situations may require special handling to meet specific publishing deadlines. Contractor must agree and be prepared to assist the County in these special situations. C. The County will not be responsible for the cost of any notice published late or after the requested publication deadline when the request for publication was transmitted to the Contractor within the specified deadline. D. Contractor is responsible for all costs that may be required to fulfill services under this contract. IX. PUBLICATION INSTRUCTIONS: A. Contractor will work with County staff to establish standard procedures for County departments that advertise on a regular basis. Copies of these standard procedures will be distributed to the appropriate County departments. B. Other administrative services available to County departments include confirmation of receipt of ad copy, advance proofs when requested and ad placement software with department specific user and billing information; media lists, and dedicated ad placement coordinator. X. TRANSMITTAL OF ADVERTISING COPY: A. Contractor shall receive legal notices for publication through web -based Internet access, e-mail or fax. Contractor shall review all material submitted for publication to ensure accuracy. The County will be notified immediately of any issues with the advertising copy. B. Contractor shall establish electronic delivery methods with County departments. Electronic delivery provides an efficient method of submitting ad text directly to typesetting systems. These methods are efficient and provide opportunities for increased accuracy, shorter deadlines, convenient confirmations and advance price calculations. C. Departments that do not submit advertising through the Contractor's web -based internet access or email may provide the advertising text and instructions via fax. The advertising request should include advertising text with publishing instructions along with contact name, and phone numbers, billing information and other details that provide for convenient, efficient and accurate ad placement service and billing. XI. ELECTRONIC TRANSMISSION: A. Contractor will provide web -based internet access to County user departments. The web -based internet access will provide boilerplate formats for frequently used notices/advertisements and allow importing of existing documents into its typesetting system. The Contractor's automated publication management system shall allow user departments to submit the publication instructions and produce an online advance proof of the newspaper in -column ad instantly. It shall also provide an option to designate and monitor advertisement placed by a monitoring central department on behalf of other user departments. B. The web -based internet access will capture original keystrokes and format to the specifications of the newspapers. It will also provide access to advertisement status/activity reports and budget tracking reports per department. The Contractor's ad placement coordinator shall review all electronically transmitted orders for accuracy to eliminate errors. County staff may opt to receive invoices, proof of publication, and statements by email. C. Legal notices delivered electronically should be in Microsoft Word or ASCII text file format. The Contractor will convert notices to Word format when necessary. XII. SCHEDULING AND CONFIRMATION: A. Contractor staff shall review publishing instructions after each legal advertising request or notice copy is received. County of Orange, County Procurement Office Page 20 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 B. Any questions regarding the instructions or notices must be addressed with the appropriate County staff. C. A confirmation shall be sent to the County staff by e-mail or fax stating that the notice has been received and processed as requested. XIII. TYPESETTING AND PROOFREADING: A. Prior to submittal for publication, Contractor staff shall proofread the requested notices and ensure that there are no spelling or grammatical mistakes for overall reasonableness. B. County user departments should submit ad copy in its final form requiring minimal, edits, if any. Written instructions of text changes is required by e-mail or fax before any changes are made. C. Contractor will coordinate replacement of the existing notice with the corrected text upon mutual agreement with County official. D. Advance proofs shall be provided upon request, display ads and for special notices such as the Treasurer's Delinquent Tax List. XIV. PRINTING LEGAL NOTICES: A. Contractor shall print all notices within said newspaper/media in type not smaller than nonpareil or as legally mandated. B. All notices shall be preceded with words printed in blackface type, not smaller than nonpareil describing or expressing in general terms, the purport or character of the notice intended to be given or as per California Government Code Section 6043. C. Non - legal notices will be published in the standard format of the media according to County department's instructions/approval. XV. USAGE REPORTS: A. Contractor shall keep track of all subordinate agreements created against this Contract. Contractor shall keep track of the following information for each using agency/department, but not limited to: amount spent on services per line item, and overall total spent amount. B. Upon request, Contractor shall provide usage reports as requested by County, in a format specified by County. Regardless of the method of payment, any ads placed and paid for with County funds shall be included in the usage reports. XVI. NEWSPAPERS, WEB SITES AND OTHER PUBLICATIONS - NOT LISTED IN ATTACHMENT C FOR LEGAL NOTICES AND PUBLIC AWARENESS ADVERTISING INCLUDING EMPLOYMENT RECRUITMENT: A. Contractor will provide a listing of high circulation daily newspapers, ethnic outreach newspapers, and general and trade employment websites for consideration in posting employment recruitment advertising. These will include newspapers circulated within and adjacent to the County of Orange and websites that reach the target audience of the recruitment notice. B. Contractor shall provide County with price quotes in advance for newspapers, web sites and other publications not listed in Attachment C and will bill County at current rate price. C. County shall approve price quotes provided by Contractor for newspapers and web sites not listed in Attachment C before publication. D. See attachment B — Compensation and Payment for invoicing procedure. County of Orange, County Procurement Office Page 21 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 ATTACHMENT B COMPENSATION AND PAYMENT I. COMPENSATION: This is a firm -fixed fee Contract between the County and Contractor for Legal Notices and Public Awareness Advertising Placement Services as set forth in Attachment A, "Scope of Work. The Contractor agrees to accept the specified compensation as set forth in this Contract as full payment for performing all services and furnishing all staffing and materials required, for any reasonably unforeseen difficulties which may arise or be encountered in the execution of the services until acceptance, for risks connected with the services, and for performance by the Contractor of all its duties and obligations hereunder. The Contractor shall only be compensated as set forth herein for work performed in accordance with the Scope of Work. The County shall have no obligation to pay any sum in excess of the Fixed Prices and Total Contract Amount specified herein unless authorized by amendment in accordance with Articles C and P of the County Contract Terms and Conditions, which may require approval by the County Board of Supervisors. Contractor will establish individual billing accounts for each County department so that documentation is delivered to the accounts payable designate and forwarded to the County official who requested the publication. An invoice for each notice shall be generated upon completion if publication. Each invoice is then submitted for payment along with its proof of publication. There is no sales tax billed for newspaper publication under the current tax law. II. MONTHLY STATEMENT: A monthly statement of open (unpaid) invoices shall be mailed to each agency/department by the Contractor. The list shall include all advertising orders invoiced and payments made each month. A. Monthly statement includes the following information: • Purchase Order Number Delivery Address • Order Number • Invoice Amount • Month -End Billing • Date Payment Reference • County Account Number • Notice Description • Account Balance • Description of Ad Type • Contractor Company Addresses • Date of Invoice • All Publication Date(s) • Invoice Number • Itemized Billing III. PAYMENT TERMS: Invoices are to be submitted in arrears to the user agency/department to the bill -to address, unless otherwise directed in this Contract. Contractor shall reference the subordinate Contract number on invoice. Payment will be net 30 days after receipt of an invoice in a format acceptable to the County of Orange and verified and approved by the agency/department and subject to routine processing requirements. The responsibility for providing an acceptable invoice rests with the Contractor. Billing shall cover services and/or goods not previously invoiced. The Contractor shall reimburse the County of Orange for any monies paid to the Contractor for goods or services not provided or when goods or services do not meet the Contract requirements. County of Orange, County Procurement Office Page 22 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 Payments made by the County shall not preclude the right of the County from thereafter disputing any items or services involved or billed under this Contract and shall not be construed as acceptance of any part of the goods or services. IV. INVOICING INSTRUCTIONS: The Contractor will provide an invoice on the Contractor's letterhead for goods delivered and/or services rendered. In the case of goods, the Contractor will leave an invoice with each delivery. Each invoice will have a number and will include the following information: 1. Contractor's name and address 2. Contractor's remittance address, if different from 1 above 3. Name of County Agency/Department 4. Delivery/service address 5. Master Agreement (MA) 6. Invoice Date 7. Dates of Publication 8. Newspaper Name 9. Ad Description 10. Detailed Charges (rate/unit type x length x number of publications) = Total Amount Due 11. Copy of signed quote or email authorizing purchase (details on section V) The responsibility for providing all acceptable invoice(s) to the County for payment rests with the Contractor. Incomplete or incorrect invoices are not acceptable and will be returned to the Contractor for correction. Authorized County Department staff member or designee, is responsible for approval of invoices and subsequent submittal of invoices to the Auditor -Controller for processing of payment. V. INVOICING PROCEDURE FOR NEWSPAPERS, WEB SITES AND OTHER PUBLICATIONS - NOT LISTED IN ATTACHMENT C INCLUDING EMPLOYMENT RECRUITMENT PUBLICATIONS/MEDIA: In addition to the service requirements and all other terms and conditions provided herein Contractor shall satisfy the following billing/invoicing procedures for Newspapers, Websites, and other publications not specifically named on Attachment C. Failure to follow these procedures fully may delay payment. 1. An authorized County Department staff member will contact the contractor to obtain a written quote. 2. An authorized County Department staff must obtain a quote to publish from Contractor. Contractor to include all appropriate charges in the quote including but not limited to: publication dates, newspaper name, ad description and detailed charges 3. If the authorized County Department staff member finds the quote satisfactory, the authorized staff member will sign the quote and email or fax it back to the vendor authorizing the purchase. The contractor under no circumstance shall release or publish without a written quote signed by an authorized County Department staff member, in their possession. 4. Contractor must attach with the invoice a copy of the matching quote with the authorized County Department staff member signature. VI. PAYMENT (ELECTRONIC FUNDS TRANSFER (EFT): A. The County of Orange offers contractors the option of receiving payment directly to their bank account via an Electronic Fund Transfer (EFT) process in lieu of a check payment. Payment made via EFT will also receive an Electronic Remittance Advice with the payment details via e-mail. An e-mail address will need to be provided to the County of Orange via an EFT Authorization Form. The County of Orange, Auditor -Controller Agency will control and initiate payment. To request a form, please contact County of Orange, Auditor -Controller - Compliance Unit via phone at (714) 834-3503 or via e-mail to Admin.Vendorgac.ocgov.com. County of Orange, County Procurement Office Page 23 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 ATTACHMENT C PRICING (Bidders will use this to submit pricing to be responsive) 1. LEGAL NOTICES: EXCLUDING SEIZURE & CITATION NOTICES ORANGE COUNTY NEWSPAPERS/OTHER NEWSPAPERS Bidder(s) must indicate Fixed Price & Billing Unit Type by choice of *1-Per Agate Line, *2-Per Actual Line, *3- PCI, *4-Flat Rate or *5-Other (bidder must define the billing unit type for other) and then convert into Per Column Inch Price/Run. Under the column labeled "Billing Unit Type", bidder(s) must indicate their billing unit type. List No. 1 Publication Days Thurs. Newspaper for Public Notices Anaheim Bulletin Fixed price 2.75 Billing Unit Type 1 Per Column Inch Price/Run 38.50 Internet ntoe Posting IFee ff aPP ble> .65 2 Fri. Buena Park Independent 20.00 3 20.00 NO CHARGE 3 Thurs. Capistrano Valley News 2.75 1 38.50 .65 4 Thurs. Dana Point News 2.75 1 38.50 .65 5 Thurs. Fountain Valley View 2.75 1 38.50 .65 6 Thurs. Fullerton News Tribune 2.75 1 38.50 .65 7 Wed., Thurs., Fri, Sat., Sun Daily Pilot (Newport Beach & Costa Mesa) 13.50 3 13.50 75.00 8 Thurs. Daily Pilot (Huntington Beach) 13.50 3 13.50 75.00 9 Thurs. Irvine World News 2.75 1 38.50 .65 10 Thurs. Laguna News Post 2.75 1 38.50 .65 11 Thurs. Laguna Niguel News 2.75 1 38.50 .65 12 Thurs. Laguna Woods Globe 2.75 1 38.50 .65 13 Wed. News Enterprise (Los Alamitos) 20.00 3 20.00 NO CHARGE 14 Thurs. Orange City News (Orange City) 2.75 1 38.50 .65 15 Wed. Orange County News (Garden Grove) 2.50 1 35.00 NO CHARGE 16 Mon. Wed. Fri. Orange County Reporter 15.50 3 15.50 NO CHARGE 17 Thurs. Placentia News Times 2.75 1 38.50 .65 18 Thurs. Saddleback Valley News 2.75 1 38.50 .65 19 Thurs. Seal Beach Sun 20.00 3 20.00 NO CHARGE 20 Thurs. Star -Progress (La Habra/Brea) 2.75 1 38.50 .65 21 Thurs. Sun Post News (San Clemente) 2.75 1 38.50 .65 22 Sun. Mon. Tue. Wed. Thurs. Fri. Sat. The Register (Orange County) 5.20 3 72.80 1.30 23 Thurs. The Tustin News 2.75 1 38.50 .65 24 Thurs. Yorba Linda Star 2.75 1 38.50 .65 NOTE: Price quotes for newspapers and web sites not listed above will be provided in advance to County and will be billed at no charge above the commissionable rate. DEFINITIONS: P/Line: Per Line Actual Line: Number of lines billed per column inch PCI: Per Column Inch Agate Line: 14 agate lines per inch County of Orange, County Procurement Office Page 24 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 2. LEGAL NOTICES: SEIZURE NOTICES List No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Publication Days Thurs. Fri. Thurs. Thurs. Thurs. Thurs. Wed., Thurs., Fri., Sat., Sun Thurs. Thurs. Thurs. Thurs. Thurs. Wed. Thurs. Wed. Mon. Wed. Fri. Thurs. Thurs. Thurs. Thurs. Thurs. Sun. Mon. Tue. Wed. Thurs. Fri. Sat. Newspaper for Public Notices Anaheim Bulletin Buena Park Independent Capistrano Valley News Dana Point News Fountain Valley View Fullerton News Tribune Daily Pilot (Newport Beach & Costa Mesa) Daily Pilot (Huntington Beach) Irvine World News Laguna News Post Laguna Niguel News Laguna Woods Globe News Enterprise (Los Alamitos) Orange City News (Orange City) Orange County News (Garden Grove) Orange County Reporter Placentia News Times Saddleback Valley News Seal Beach Sun Star -Progress (La Habra/Brea) Sun Post News (San Clemente) The Register (Orange County) Flat Rate Price 269.50 20.00 269.50 269.50 269.50 269.50 13.50 13.50 269.50 269.50 269.50 269.50 20.00 269.50 20.00 120.00 269.50 269.50 20.00 269.50 269.50 509.60 Maximum Number of Inches 7 1 7 7 7 7 1 1 7 7 7 7 1 7 1 7 7 7 1 7 7 7 Price Per Additional Lines 2.75 2.00 2.75 2.75 2.75 2.75 .96 .96 2.75 2.75 2.75 2.75 2.00 2.75 2.00 0.00 2.75 2.75 2.00 2.75 2.75 5.20 Internet Posting fee (If applicable) .65/AGATE NO CHARGE .65/AGATE .65/AGATE .65/AGATE .65/AGATE 75.00 75.00 .65/AGATE .65/AGATE .65/AGATE .65/AGATE NO CHARGE .65/AGATE NO CHARGE NO CHARGE .65/AGATE .65/AGATE NO CHARGE .65/AGATE .65/AGATE 1.30/AGATE 23 I Thurs. The Tustin News 269.50 7 I 2.75 I .65/AGATE 24 I Thurs. Yorba Linda Star 269.50 7 I 2.75 I .65/AGATE NOTE: Price quotes for newspapers, other publications and web sites not listed above will be provided in advance to County and will be billed at no charge above the commissionable rate. DEFINITIONS: Flat Rate: Flat Price for complete run schedule Complete Run: Seizure complete run is once a week for 3 weeks. County of Orange, County Procurement Office Page 25 of 26 RCA-017-23010049 Legal Notice, Public Awareness Advertising and Publishing File No. 2415301 Daily Journal Corporation Services DocuSign Envelope ID: 9EOODCF9-CB2D-429E-9C75-BECB90054AA3 3. LEGAL NOTICES: CITATION NOTICES List No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Publication Days Thurs. Fri. Thurs. Thurs. Thurs. Thurs. Sat., Sun., Wed., Thurs., Fri., Thurs. Thurs. Thurs. Thurs. Thurs. Wed. Thurs. Wed. Mon. Wed. Fri. Thurs. Thurs. Thurs. Thurs. Thurs. Sun. Mon. Tue. Wed. Thurs. Fri. Sat. Newspaper for Public Notices Anaheim Bulletin Buena Park Independent Capistrano Valley News Dana Point News Fountain Valley View Fullerton News Tribune Daily Pilot (Newport Beach & Costa Mesa) Daily Pilot (Huntington Beach) Irvine World News Laguna News Post Laguna Niguel News Laguna Woods Globe News Enterprise (Los Alamitos) Orange City News (Orange City) Orange County News (Garden Grove) Orange County Reporter Placentia News Times Saddleback Valley News Seal Beach Sun Star -Progress (La Habra/Brea) Sun Post News (San Clemente) The Register (Orange County) Flat Rate Price 269.50 20.00 269.50 269.50 269.50 269.50 13.50 13.50 269.50 269.50 269.50 269.50 20.00 269.50 20.00 150.00 269.50 269.50 20.00 269.50 269.50 509.60 Maximum Number of Inches 7 1 7 7 7 7 1 1 7 7 7 7 1 7 1 7 7 7 1 7 7 7 Price Per Additional Lines 2.75 2.00 2.75 2.75 2.75 2.75 .96 .96 2.75 2.75 2.75 2.75 2.00 2.75 2.00 0.00 2.75 2.75 2.00 2.75 2.75 5.20 Internet Posting fee (If applicable) .65/AGATE NO CHARGE .65/AGATE .65/AGATE .65/AGATE .65/AGATE 75.00/POST 75.00/POST .65/AGATE .65/AGATE .65/AGATE .65/AGATE NO CHARGE .65/AGATE NO CHARGE NO CHARGE .65/AGATE .65/AGATE NO CHARGE .65/AGATE .65/AGATE 1.30/AGATE 22 Thurs. The Tustin News 269.50 7 2.75 .65/AGATE 23 I Thurs. Yorba Linda Star 269.50 7 I 2.75 I .65/AGATE NOTE: Price quotes for newspapers, other publications and web sites not above listed will be provided in advance to County and will be billed at no charge above the commissionable rate. DEFINITIONS: Flat Rate: Flat Price for complete run schedule Complete Run: Citation complete run is once a week for 4 weeks. County of Orange, County Procurement Office Page 26 of 26 IFB-017-2415301-JC Legal Notices, Public Awareness Advertising and Publishing Services File No. 24I5301 Contractor's Name TBD