HomeMy WebLinkAboutAgenda Report - January 7, 1981 (39)AWARD - CONTRACT
Mayor Pro Tempore McCarty asked to abstain from
OR LEGAL
discussion and voting on the following item, be-
VERTISING FOR
ITY OF LODI
cause of a possible conflict of interest.
CTION DEFERRED
The bids which had been received for the contract
for legal advertising for the City of Lodi as follows
were presented for Council's perusal:
Lodi Life and Times
a) Price per column inch (1 inch x news-
paper's standard column width) for
first insertion of each advertisement
$1.50
ews-
b) Price per column inch (1 inch x news-
Ar
paper's standard column width) for each
subsequent insertion of an advertisement
�a
$1.45
c) Price per copy of additional proofs
after first three
No charge
Paid circulation of bidding newspaper
3,700
Lodi News Sentinel
a) Price psr column inch (1 inch x news-
paper's standard column width) for
first insertion of each advertisement
$3.50
a
Price news-,
b) Pr a per column inch (1 inch x new
�
paper's standard column width) for each
subsequent insertion of an advertisement
$2.80
c) Price per copy of additional proofs
-
after first three
No listing
I._
Paid circulation of bidding newspaper
r"
13,713
4
Council discussion followed with questions being
directed to the City Attorney and City Clerk.
On motion of Councilman Murphy, Pinkerton second,
Council deferred action on this matter until the
.
regular Council meeting of January 21, 1981,
by the following vote:
Ayes: Councilmen - Murphy, Pinkerton, and
Katnich
Noes: Councilmen - None.,
Absent: Councilmen - Hughes
Abstain: Councilmen - McCarty
S
LOMAEws,o SENTINEL
Phone (209) 369.2761; from Stockton 464-1200 125 North Church Stteet !.0. Box 760 Lodi. California
Fred Weybret
Publisher
January 5, 1980
Lodi City Council
City Nall
Lodi, Calif. 95240
Gentlemen:
Enclosed (lease find our bid for publishing official public
notice advertising for the City of Lodi for 1981.
Attached to the bid form, you will find two additional pieces
of 'information which I believe will be of interest to you in making
your determination of the successful bidder.
Public Notice advertising is just that ----notice to the public
of important city council actions ----calls for bids, zoning changes,
ordinance changes and other items. To be effective in its purpose,
public notices should receive the widest possible circulation among
the interested citizens of the community. Your call for bids asks
that the bidders submit their respective paid circulation figure,
and I assume that you will give this figure due consideration in
your deliberations.
In this regard, I attach a copy of an Attorney General's opin-
ion
pip-
ion which addresses this subject. It points out that a City Cou n cit
or other public agency when awarding bids for Public Notice publica-
tion
ublication not only may, but should give consideration to meeting the In-
tent of the publication law --which is to give the widest possible cir-
culation to the notices being published. �,
I have underlined several pertinent paragraphs in the attached
opinion which go directly to this point.
I also note that your call for. bids asks us to state a price per
column inch for legal advertising, based on the newspapers standard
column width. The actual cost to the city for publication will be de-
termined by the set depth of a given notice, which is a direct function
of the column width, the point size and style of the type used and the
leading (space between lines). It is unlikely that any two newspapers
will achieve exactly the same set depth for a given notice because of
the variables.
To illustrate this point, I have attached a copy of the notice
which the city caused to be published in the Lodi News -Sentinel and
Lodi Life and Times calling for this bid. You will quickly note the
difference in set depth, even though the notices are identical.
To accurately compare the cost to the city for the publication
of a particular notice, the cost per column inch must be multiplied
Serving Lodi and Northern Son Joaquin County since 1881
Published every morning except Sundoys and holidoys
-1
L0Dr'NEWS,oSENT1fv4EL
Phone (209) 369.2761: from Stockton 464-1200 125 North Church Street P.O. Box 760 Lodi, Cotifornio
Fred Weybret
PWisher
by the set depth. Price per column inch alone is not a true cost
figure.
The Attorney General's opinion also notes that consideration
should also be given to the "other services of competing bidders".
The six-day per week publication schedule of the Lodi News -Sentinel
Is a definite advantage to the city, allowing greater flexibility in
publication schedules and enabling the city to better meet certain
publication deadline requirements. The News -Sentinel and City "all
personnel have long worked together in meeting these publication
shedules, even when they meant accepting copy long after the ea-
tablished deadlines.
We value our long association with the City of Lodi, and stand
ready to continue to co-operate at all times to provide effective
and timely public notice advertising in the future.
FW/sm
Enclosure
Sincerely,
4red Weybret
Publisher
Serving Lodi and NortF ern Son Joaquin County since 1881
Published every morning except Svndoys and hotidoys
c
BID TO THE
CITY OF LODI , CALI t .- )NI A
PURCIIASING DIVISION
FOR: OFFICIAL ADVERTISING
BIDS' 'UST BE RECEIVED BY SHE
CITY CLEW, 221 GST_ Pine Street.
Lodi, California
Prior To 11:00 a.m., Tuesday,
January 6,_1981
NAME OF BIDDER Lodi News-3=.ntinel Telephone 369-2-761
BMINESS ADDRESS 125 N. Church Street--P.G.8ox 7603, Lndi, Ca 95241
To the City of Lodi:
The undersigned, as bidder, certifies that the only persons or parties iriterestco
in this bid as principals are those named herein as bidder; that this 1 -id is scade
without collusion with any other person, firm, or corporation, that in *;!ub>nttting `
this bid he has examined the "General Conditions and lnstx-eictions to ]Bidders" and
the specifications; that he proposes and agrees if this bid Is accepted, his will
execute and fully perform the contract for which bids are called; that Ise will '
perform all the work and/or furnish all the materials specified Ira the contract,
in the manner and time therein prescribed, and according to the requiretments as
therein set forth; and that he will take in full payment therefor, the F►rices set
forth in the attached schedule.
Fred '-'eybret, Publisher
Typed or Printed Name and Title
FOR CITY USE ONLY
Bid was opened on above date and at prescribed place_
Bid bond required (x)No ( ) Yes Amount
Alice M. Reimehe
City Clerk
Approved as to form and legality
Ronald M. Stein
City Attorney
-�ITY OF LODI, CALIFORNIA
BIDDING SHEET FOR LEGAL ADVERTISEMENTS
item #1 column inches - daily edition, Monday through
Saturday
a. Price per column inch (1 inch x newspaper's
standard column width) for first insertion
of each advertisement :33.50
b. Price per column inch (l inch x newspaper's
standard column width) for each subsequent
insertion of an advertisement 82.80
c. Price per copy of additional proofs after
first three (3)
0
"WARD
The. City of Lodi reserves the right to make an award on any tern
or in the aggregate, whichever is most advantageous to the needs
of the City.
PROMPT PAYMENT DISCOUNT
Cash discount of zero $ for payment within calendar
days which will be- computed from the date the se is rendered
or the date a proper invoice is received, -Whichever is Yater.
PAYMENT
Payment will be made monthly, in arrears, upon receipt of a
proper invoice supported by copies of requested adverti.sements-
Contractor. (s; must establish a separate account for each major
department, based upon the City's written instructions, and
bill accordingly.
OPTION TO EXTEND
If mutually agreeable to both parties, any resultant contract Cs)
may be extended for an additional year through January 1, 1983 ,
at the sae terms and conditions.
d Weybret
Name
Publisher
T
12-30=80
BIDDER'S NAME Lodi News-S,:ntinel
PAID CIRCULATION OF BIDDING NEWSPAPER 139713
I
0
Lifs Times
PUBLIC NOTICE
NOTICE INYITINO BIDS'
FOR THF PUBLICAT'IO'N -
OFTHE OMC'i 4LADVEW'
Tisma BY THE CITY OF.
LODI IN ACCORDANCE
%TI'H STATE OFCAL1WORr
NIA GOl'F.R.%.M3 % T OWE',
SECTION' SM et wq.
The City of Lodi hereby In-:
rhea sealed prvposads for the
publication of the ofneW
advertising by the Qty of Lodi .
In accordance with state of.
Callibrnia i%NerZf hent Code
Each bid sl%& ba !n accor-
dance T►'tth specifications on
iiia in the office of the Qty
Clerk. Qty Hall. City of Lodi.
Clslitornla 86210 where cues
of saldspeciftations
may be
Inispected or No bid
will be considered urdess it Is
wAwnitted on a proposal form
Nrslished by the Ctty of Lodi.
Said sealed proposals shall _
be delivered to the City Clerk;
of the Qty of Loll at the Qty
Hall. 221 West Pine Street, ,
Lodi. California 95M at or,
before 11:00 a.m.. 71tesda y.
January Qr 1861 and wUl be
publicly opened on said day
and hour In the Council
Chambers In the Qty Hall.
Ludt. cantornia. t
Ttm City of Lodi reserves
the richt to reject any or all
bids. to waive any hMormality .
or irregularity in any bttd. to i
accept other than the lowest .
bid. cw not to award the bld.
Reference Is hereby made
to said specifications for fiv.,
tAea' detltlla;.
a: AI..ICE IK. RED4CHE
CRY Clerk
Cvy of Lodi
Dec. 21. 28 IM
% col. inches
Lodi Neus—zientinel
PUBLIC NOTICE
too"" fMVRMfa Nos too no
PUBLICATION OF Tiff OFFICIAL
ADV241MMG OT T1# CRT OI
LOof iM ACCOttoAMCS VnTN
STATE Of CALIFORNIA GOVERN.
mew Coot "CTt0N "" M se}
The CNV of tad% %«&bV rrwit" *eel -
*a Fw0posek for *he p.eb 4ahon of Me
~91 iJw►risine.gg by N+. Coy of Tedi
N occe. dwtce e.ifh Soots of eotifoenia
GovoatraeA$Cede S.-uom;oso« ..q.
Such bid Owil be In ectrdooca with
y�citke0w on file iA the efA & of
IM Cry Cbl#. City Roil. CNV of Cod.
Coliloenie $5240 %.!tree copies of &o.d
opwilkotbns.toy he inspected or ab,
timed. He bid at be co►Hklee ed
1 wd"s N N I:Ahrninod on a peopowf
sem► k ntlda-'aV the City of Cod.
SO4 seofed pshott be
doai. a the C►y =1 et the coy
of Cod of Me CNiryy Non, 221 West Tine
streol. ted. Colifeenie M40 of of
►etre 11-00 wrn.. Tvesdey. jerv4"
6. 1Ml and wip be poblkly eponod on
I sold dor end lour in Nle Counch
I Chom&*" b Hie City Non. ted.
CelUor.do.
The City otted ►*&*eves the right to
role" " r op bids. to woi%e " Gs-
fet tw$tV oe bregutae in otyr bid. to
ece-W othee ttwn the b..est bid, or
stat $0 ewrd the ! • d.
&*brenc* is NWAY n.ede to sold
specitkotio"s toe further dotells.
CITY OF L001
ALICE M. **VACNI
CITY CLI NK
0*C.10. n. Ino — 1S1i
Xi col. inches
Ile
ATTOX Zry (MCM AVS OPINIONS - tVot.. 12
i
dote which --Zi be of finaarial aid to su=h sriig.eus f.roups o: institution,, as
S2tiff fur!hew t of their Wi *1'00 prolli=, or vii c1 ~rill va :.ny vt•ay
such b is the teachings of their prrticu ar religion. It does not that
M=5 o. groups are to be boned ir= thow priraCgrs JITUI UX to OdXts
where the active, as no connection with re4on arui does art in fta��c al
aid to the religious or. t,ution or school
!� In this cam. plat in; •'ball does not. of c •olve the tmehing of any
religious doctrine. Mamover, is is case no asssstaace is Smated to the
Farochia} school. since a charge w for the use by: it of the football
=8ium. Therefore, no gift of public fu to private perst:as is involved, as pro•
hibited b}• section 31 of Article IV the ornia Constitution, nor is there a
vioktion of section 30 of Anti ' V of the nis Constitution. We believe,
i therefore, that the Calif Constitution does not pr bit the proposed use.
In cor..lusioct, i ould be observed ihat if Ase Calif Constitution pro -
i bibits the pro use of the stadium, thea it srottId -also pear. ' it the use of
�• municipal rums by colleges maintained by r4igious organiaatio . e latter
t use fo• tball games is, of course, quite common. Likewise, the use of M. ' ipal
s :rp by parochial organizations has been accepted.
i
Opinion No. 48.168—August 31, 1948
5MXCT:COM47Y ADVERTISING: Q:estimu Ancuered Respecting Duties
of Cownty Purchasing Agent Concerning iia ndling of Counts Advcrtl!,;rS.
esst*d
$sQtt br: DISThICT ATTOR.`�EY, Iaiperill C+osnty.
j Opinfon byt FEED N. HOW SER, Attorney General
John F. Iiasslcr, Deputy.
71e District Ariorney of Imperial County has requested the opir.;va of this
office on the following questions:
1. In a county employing a purchasing agent, is it one of the duties
i of the purchasing spent to fix the price for county advertising, thber
strtauslly or otherwise?
2. If it is one of the duties of such purchssing agent, is tbrre any
established firex•rciure he can follow in fixit g the price?
3. If there are several newspapers of gvoeta1 circul.uoa pubtisbed in
slue county, both daily rnd weekly, with vaafing amounts of «irc Iatim
I is tIK purchasing agent required to consider the amount Df ddrarhation of
is newspaper in determlaing the price be evAb'lubes?
4 Where the•peuchacinr BrewAad;eceyg bIc}aWIP a -
:IP •' i• ,T.Rlai ticst'Sti+eFS of Acnes '�On I> 1�1ed !0 At tO.Itfr{�. t1t}
a+aetit s#se iowrs< bid as she titer to be paid tar Tea&
4-irhnur rrlaenc t to the amotmr or tete awUlLb in! ,
}
Sr rr..Sr4s} ATTOXNEY GLNLP-%L•b OMMONS
Our cv-1dasintis lie as felows: •(
1. The purchasing aFcnt rr.:- but rwt• ;rot fx the. price for
outing R`1i:h pric • soy b,it nc t nn: be.cd , • r ,l;t
2. Tbere is -to estabusthed }-c<eduse fo: the county purch.- sing agent to follov
is fiurag the price (of county ac'sertisino, and rcaort rga}• be had to any pmpc
means or info inalon.
3. A purcl ising agent is required to consider the amount of circulation bar
k nee nuided solett be his finding in this connection.
ANALYSIS ;
Prior to incorpnratior in the Goverrs± cot Code. Scaion 4041.13 or ::c Polis
! cal Cxie proviee•.? m part as foJow•s:
". • , VVIsenever a boud of supervisors shall employ a purchasing i
agent as herein provided for it shall not be necesiarT fuer them to adver.
tise for bids for furnishing county supplies :s required in section 4048
of this code. wu'h the exception of advertising...."
Former Section 4048 of the Political Code provided in part as follows:
... except is counties ernploi.ing a purchasing agent, the b,.lard shall
P-nnualll• fix the price at which the county shall be suprl,ed with job
ptirting and bl:-,nk books, .. , and also the price of all county adver•
.rising:..
Respecting these sections, we held in Ops. Any. Gen. No. 8011 that pati
le�.sJ.ttive intra: resolved the apparent repugnsncy and that there was no
quirtrtirnt for the advertising for bids for counn• advertising. Further, that i.
bo:,fds of viper-Isors of coant;es Wherein no purchasing agent was err?" -ed w1
required to fix the rare of advertising and that there was no rh}iittruh ,: ►list
board fix such rite in counties employing purchv•ing agrnm The conclusion i
specting courries etaploying purchasing agenu was again eJ% •resscd, to like e$j
in Ops. Atty. Gen. NS -941. The provisions of the Political Code, res,-volub T.I.-
for
.for counties wherein no purchasing agent was employed, undo-abtedly it -qui
the Board to fix the rate for county advrrt',eing on an annual basis. No rcyu!
resent of the Political Cole enjoined the purchasing gent of a county to snni;'
or otlier►,ise fix the rates for county 26ert4ing. We are of the opinion that i
proti•ision than ",—,ired annual fixing of advetti iab rates by t' , hyo:sols of s3f
visors of counties wherein no purchasing agent was employ ni war not suh
to the inference that a purchasing agent was required to annually fix such t?
in unties wherein such officer was employed. l '
In 1947 the Polaksl Code sections were substantially iacorporitted ;rss i
• Government Code. Thus, the pertlneat putt of Political Co, a SeCtlon 4049' t
Section 25484 of the -Government Code, Aad note tends As WOWS: "t,'� i
6 - .'' :• •":••"_-;?1'I'IUii21i�' GiNE1111hirilvr�IZS-* .'ZVOL12 • ..'
1 , _. •.. 9 IY '. ANS ;'"•:' --. -
-� _.Sat't. 7 4fi3 . 1► OEh'EY G}T1F.iti1."S f3YIT' ll�.
. �• . .- • •
•"7a u:y tounry wbi h dc+a not rxtjS-4 p�ar6.4Aink,:,first, tt:r tonna
ting; or p a .,%e matc!;sbs and z;,—,hes from the oDw::.:147, It is,'r: C:..1173 Z. in
_'utili annually fix the k,;.c Ar-which ibc cu.=-T ti-in be rCpliad with job
tip it::r est of th. t s ut`c: corp. scion that it pmt s_be fcrrr _r. i;..t•�3 As czteati�c}l_
_..
pnlfUlt�' blsf b;..�.s, .:.� 1! boltd lh.!L 3 the rite of SIJ
cry su nes nu re"tre endear. ai . gcmpc
eouuq advertisiaa" . '..
A newspapct of goat• etre-ditioa will presumIN +serf •) '. m s la: C. r seg•
The pertinent part of Section 4041.23 of the Pvlidcil Cods became action
meet of the public and a grw'er aum.' bet of prosptct�vr scarp ins 11W pe:-OM In-
502 of the Govctntnent, which section now reads as follows-.
tett ste4i is chi Content of VhC notice. 'Mis, however. is not to a sar"Iy so, and ae
M"hcttever the board of :upers;sots emplo}•s a parclnasing agent it
are of the opinion that mere numerical superiority is rite matter of t: rculation does
shall not be necessary for it to advertise for bids for h raishing county
not cocar.end one newspaper to the exclusion of others The deme- anatioc of this
supe.ies as required is Section 25480, with the exception of advertising.'
question is L• rgely one for the purchasing agent charged with procuring advertising
In Section 2 of the Government Code the Tule for construction is stated as
with a view of whether or not reasonable cot-ice may be given. We believe it would
Vows:
be arbitrage and tantamovat to an abuse df discretion to fail to consider the circu-
' provisions of this code, in so fit as they are shbstwtially the
lation of a ncw•srapet At the same time we believe dant the question of circuLaaa :
sane as existing stawtory provisions relating to *he Barn subject matte
alone "mat b - determinative. it is likely that a staadud might be set by the
shall be construed u restarcmeats and continuariorts, and -Dot acvr
purchasing agent in his finding that a pasttcular newspaper has a substantial and
. enacvaears." . ,
i t rea+orable coverage for the purpose contemplated by the advertisement, but less
'We are of the opinion that the provisions sou• appearing is the Government
{ than another newspaper published within the county. We believe that the offim
ttiou!d consider Al services offer:til by the several newspapers mad that his deter-
ate mean no more and no less than, and are zo be construed the same as, the
j in Polit;cal Code.
.iinorrion i:Q scteetiah -fru Sar ncusr. i-cr is proper in the evert substantial as
-
,rmer provis;oas the
a
disriMished from mere col earnotice isSivsp.
Accordingly, in reply to your first question. we believe that the purchasing
rat ma}• fire the p: ices for county advertising and t:iat such price tray, but tared
! - —
1 1rt the cent the pu;chastag agent Erten a price for advertising in nc+vspaJ�crs
x. be fixed annually. In this eonnectim we ire of the opinion that the purchasing
of stared circulation, and such price is arbitrary and enfant with respect to idva•
;cat era}, in his sound discret;oa, fix the price or may ochetw ase negotiate for
tiseraents in newspapers of greater ci:cvlaeion, it may be that the fixing of such
is purchase of county advertising• as need and circumstances requite, and in a
price is sn a" of discretion with respect to the placement of advertisements
tanner consistent with bis general powers and duties
i which in their n tune require greater dissemir ation that can be bad for the catab-
Your second question is predicated on the sLptvsi-,ion that a ptudhasing agent
lished pr;ce. "Whether or not the proposed ad-veniscment requires greater circul.,.:an
rrqu'ucd to fix tete price. In our opinion, the mater of price farting is disucticaary
is a rrnarrer, at least tet tie first instance, for the purchasing agent to deter.-ri .c
'business
.th the..;!�uchming officer. In such cases, bowcver, we agree w'i:b your observati.nn
According to his own goodJudgment.
at he use any pro,-cr me-:ts of information at his disposal since ne pro.
The a:swcr to your fourth question is contained in part in our reply to your
yit
�dure is'p:esctibed by the Code. �� a also concur in your o!.:,crvation d it tl.c Fu'r•
third question We cars staagrne srtuar�rns where acccFtutce of theirons: hid '
'souse
}asinF agent may request quotations Ruth varioui newspapers of general citcv
w irtiout,rccard ro otitrr sersices o6c ed t% the successful bidder miSht br .n
;tion publi►he i within the county and away establish the price accord .g to his
of discretion a fra_ud_.Hpa� thnor rttr.'t'e think rc not o: ly proper but prsdent
ftdhngs. In this conne-c6on, we Mieve that The purchasing agent may lawfully
to consider the matter of circulation, together with the other offe.ed by
Ket to recognized price or cost indices and adieu the price from time to time if,
compe6;ng though higher, b;,i.'.crs. Of ecccssiry, tate matter must rest within tate
his judfinent, such action is , ._wanted. .
sound discretion of the purchasing agemt is the p+erfuracuitce of his dt}ty. Tlttss, in
Answering your third question, wee arc of the opinion that a purchasing agent
Civ v. Whitt, S3 A t A. 43, the, court state', ss Wows (p. 47)':
erred to consider the smawnt of chcslatic►n of Ll c ncwspaper +►•ben d' crmin_ .s
"... Ina 'vets tri there may be two trews s of neral circular,
the�+r ,ace to be established or whet, kttutg s� >-Latrsa fot�urdisse of adh enisitt�
bort, one a daily p fit a treocndotts citcntlation. the other Tweedy with x
es The of public notice sdvcrtisemcai is aew-�a.: r-Kn of ,
P°x_.pu.____._ �oL4. h
very small circultstior-L VM. Oc the latter might be able to ,dish )rgat
acri: circulation ;s most obvious 7hesnxrdurt coattmplues catntaunication of
notices much cheaper tdua the format, it would be far mote in tau in.. '•
rice-two, tht public generally as well as co petsoas putitalady interested iia,
,Crests of the public bast the cit;'s logs, setices be published in tate pr�a .. 7 _
Jubj~ct matter. The grocral public is given votice, Among Tiber reasons► to
of larger circulation. At least, in awarding a comma, the tti-T council
?
do that it may be Cognizant Of te affairs Of bas;acss sn rite adMinistta-
w= ih
-.
should be pC1S27iR[3 LO t'i�In LhiX c@bt3ttleGE'an she ober of t.
r
of public bfficia s. Indiv; ails pastkularly:intautedIn s},e subject ma-M are
r
cast,ad unless the council abuses its discretion, its detclwinadm sbtstld . - :.
nScd is order that t}u)' nA'y wppl stl.iw ot.matctU to the;rWc ccrpota•-