HomeMy WebLinkAboutAgenda Report - January 21, 1981 (38)AWARD - CONTRACT Agenda item "k" - "Award - Contract for Legal
FOR LEGAL Advertising for the City of Lodi" was introduced
ADVERTISING FOR by City Manager Glaves. _
THE CITY OF LODI
Mayor Pro Tempore McCarty asked to abstain from
discussion and voting because of a possible conflict
of interest..•.
Council discussion followed with questions being
directed to Staff.
Councilman Hughes moved for adoption of Resolution
No. 81-12 awarding the contract for legal advertising
for the City of Lodi to the Lodi Life and Times.
The motion failed to pass by the following vote:
Ayes: Councilmen - Hughes, Murphy
Noes: Councilmen - Pinkerton, Katnich
Absent: Councilmen - None
Abstain: Councilmen - McCarty
Following additional discussion, Council, on motion
of Councilman Pinkerton, Murphy second, directed
The City Clerk to provide additional information to
the Council regarding this matter, and also directed'_
the City Clerk to continue for the interim period
to place all legal advertising with the Lodi News
Sentinel.
Lodi DL ire4P
k I ones.
St"A" J. Mann Myrtl. C. Mays
Editor 6 Publisher Monoging Editor
Lodi City Council
City Hall
Lodi, California 95240
Gentlement
I have received a copy of the letter from Mr. Fred Weybret (Lodi
News -Sentinel) concerning the Council's decision to award a con-
tract for city legal advertising.
The letter cites an opinion from the State Attorney General, the
essence of which states a public body must consider the circula-
tion of a newspaper competing for the contract for public notice
advertising. Due consideration has already been given to circula-
tion by the Superior Court of San Joaquin County in order to be-
come adjudicated. It was duly determined that the circulation of
Lodi Life & Times was great enough to qualify for adjudication.
I might add that if Mr. Weybret, or any other persons, did not
believe the Life & Times circulation was significant enough to be
granted adjudication, there was adequate opportunity to object.
There was no such objection.
Further, I found that other cities in this area with two or more
newspapers of general circulation competing for the same contract
put little or no emphasis on circulation figures. Sacramento, for
instance, awarded its contract to the Daily Recorder exclusively
on the basis of being the lowest bid. The City Clerk of Sacra-
mento said the Sacramento City Council determined the circulation
requirements for adjudication met their own such requirements.
The City of Stockton's charter establishes criteria for legal ad-
vertising contracts. It requires, in part, that the newspaper be
a daily with a circulation of at least 5,000 copies. They still
adhere to this criteria. Based on Stockton's present population
of about 145,000 people, 5,000 would be less than four per cent
of the population. Lodi Life & Times well.exceeds that level.
As you can see, other multi -newspaper cities with the same task
of awarding public notice advertising contracts do not stress
circulation figures or let adjudication requirements suffice.
Incidently, Government Code Section 6060 does not include circu-
lation requirements or considerations. That is to say the City of
Lodi would be satisfying this particular code section by placing
its public notices in a newspaper of general circulation, pub-
lished in the city. Lodi Life & Times well exceeds and fully
meets this qualification.
Originally, the circulation figure was requested on the bid form
by the City Council for reference only in the event all bids were
the same.
P.O. Box 684, Lodi, California 96240 (209) 388-5128
I wish to make you aware that Lodi Life & Times has been put
rotation for public notice advertising by the County Board of
visors, the San Joaquin County.Clerk s office, the San Joaquir-h
County Planning Department, and the Lodi Unified School Distr 4A, r"M
which we will receive "every other" legal ad placement we've 1jfi
informed.
The question of column width, in the case of the two Lodi newElfx
papers, does not come into play. The-comparsonof the two ads
placed by the City of Lodi (to advertise bids) was indeed com-
paring an ad set in 6 -point type and one in 8 -point type. The aud
published in Life & Times was mistakenly set in 8 -point type.
tacked is a copy of the same two ads, except the Life & Times &A
was reset in the required 6 -point type. As you will immediately
notice, the two ads are now exactly the same length. Thus, the,
number of column inches is the same.
The "other services" issue is unclear. If it means publishing it y,
this ="service" would not necessarily effect the city's advert4f}g
schedules' It has been a foregone concll!3ion that if the city's
quirement for the publication of an ad does not meet the publi Da
deadline for the Life & Times, the City of Lodi reserves the r ht
to place that particular ad in another qualified newspaper.
Beyond that, the staff at Lodi Life & Times stands ready to sem@
the City of Lodi in providing effective and timely public noti%@ ?Ad-
vertising. The Life & Times, too, has proved itself to be a r @@
ted and established servant of the community.
We hope we can be of continued service to the City of Lodi in,q @
ing legal advertising requirements.
Stephen •J.
Publisher
Lodi Life & imes
Lire u Tiws
PL-BUC NOTICE
NOTICE INVITIlYO BIDS
FOR THF. PUBLLCATIOV
OF HE OFFICL-IlL &DYER.
TLSLNC1 BY THE MY OF.
LODI IN ACCORDA.rCE
WITH STATE OF CALI"&
Ns'U GO1EIMMMN"T CODE
SECTION WO at sent.
TM City of Lodl hereby In-.
vtt" sealed proposals for the.
"ylILllcaUon of the offitial
advettisttty by the City of Lodi
In accordance with State of
ChUfhrTlia Covemment Code
Section am et :,'q.
Each bid %hail ba to actor-.
dance with specifications on
Me in the attics of the City
Clerk. Qty Kali. City of Lodi.
C.anforrda 962.10 where Copies
of Bald specl%atlons may be
Inspected or obtabx-d. No bid
will be considered unless It is
submitted on a proposal form
furnislied by the City of Lodi.
Said seal --d proposals gu&U
be delivered to tha City Clerk
of the City of Lodi at the City:
Kati, zn Viieflt Pine Street. -
Lodi. CiLlifomia 901M st or:
before 11:00 am- ZUe*day.;
January 6. 1951 and will be
pub" openad on 3ald day
and !lour In the Council
Chambers In the City Hall.
Ludt. Ciw.nfomW
The City of Lodi reserves
the right to reject any or all
bids. to waive an intbrMality
or irregularity in spy bid. to
accept other than the lowest'
bid. or not to award the bid.
Reference is hereby made
to said specMcstions for Air-,
tiler detalls.
r ALICE M. RICIMCi lE i
Qty, Cleric
City of Lodi
Dee. 21.28 1999 i
Ti cola inches
Lodi ►:oris-:i-:ntin:�I
PUBLIC NOTICE
NOTIa INVITING asOi 11010 THS
PUAKAT10N 011 fit! 0"1CIAL
ADVft TMMG by THli CITY Of
6,001 IN ACCOROANCI WITH
LTATI 011 CALitOaN1A QGVi11f4-
AUNTC009 SIC710046"001.04.
f#o City of tad !w+by.Mentes sool.
e/ p s for the pvbt.coron of Mbe
*fowl idw.lt ' by 1i o Coil *1 tod.
M occerdance W SN"o, a cottfor+:o
Go..e1r1nb.►1 Code Sectiero6M0 et sp.
Seth bid sfwll be o eccewaorrce ,with
ss+clfkoHens on file to Mee e14-ce of
sM City Ct*A. City Holl. Gty o1 ted►.
Col-lorrre •S?q wh«o copies of so -d
spetltke"ons oney be inspecsod or or-
i lebso& He bw wilt be tersskler ed
' vnlesl ft h svba4ifted on o proposal
lom 11. Aooa y Ove City of rod.
Sold ►soled pOV0601i sf,eil be
der:rered to Ole City CI&A of the City
of Loa of the City No". 271 west fhne
Street. Lodi. Colifoer4o M40 of ot
Wore 11;00 o rn.. I"S&y. Junuery,
1 6. 1901 end ,.ill be pvbl" opened on
sold dey and hold M Hhe C00001
Chambers in the City Hall. Lodi.
Cel.fornie.
The Gy of Lodi resereos Mss right to
reject 9wy a oil "S. so woi.e ony in-
fert.ofYy or kre9006ty iw eny_b.j. to
Oct bps other tion the Io..esf I.:d. of
not ro e..ord IM ! .d.
Poloron;o is hereby n.ocy to said
spocircotions for h.rther O+gaifs.
city OF LOC)t
ALKE M. VI MC III
CITY CtERK
Dec. 20. 77, Mo —IM
X5 col. inches
N0TK11NVRNiG8MS KM THE
PUBUSH040 OF TM O"ICIAL
ADVERTt 000 sY T"I CITY O/
LODI IN ACCORDANCE WirH
STATE O/ CALIFORNIA
GOVERNMENT COOS SM10N
6064 of $eq.
the City d todt horeir +.v.sos seew
proposett ser M•e pvbheaf.en of rhe of
l.c•el edwrr.s nq by Mo Cott of to& M
octNdr.ta INN. VO4 of Cel-lern-o
00.-ern,r•ows Cede Socho• ~ M woo.
11xh bbd sholl be in occordonce —6,h
sp04o144s690s On hill in ore 914440 sJ #M
C.h CI«6. Corr Moil, Cary of Lodi. Cosh or-
Mie "240 wf.oro cep4os of sold spoethco
Noes troy be .mpoiclod or obto.wed 1*0
W ..dl a corrs:dorod %..less if 4s svb-
nr.n.d on o Wopesol ►erre. Awrrkshed by
Ph* Gly of tod..
Sa,d tooled propsols shell b0
dohwered to Owe G►y Clot% of rho Cloy of
tel• ot Nr0 Color No". 721 woo erne
Snow Lodi CeWo.nio "000 at or
b.lo.e 11.00 0 n,.. Twosdoy. Jowvery A.
INI end —41 be poobl.ciy op000d on so -d
dey and how M N00 cow -col Chow4evs .n
rhe Cog No. led,. C01Cbrnw.
The Coot d Lod. resorb%, rho rbht to
rOye l wryer OB bids b ..e.w ewy info.
fire..., or •rrovAor.ty on o" bid_ to 04-
;eW slhor Kron rho 1o..00r b•d. or nor to
o•..wd rho bid
4e0erwnco .s ho.oby t odo to so -d
spe.zhKal,ons ►or fwther doro k
. ALKI M 1111AAC►-E
City Ctor•
Corr of rod.
DOC ?t ?A 19M
CITY OF LODI, CALIFORNIA
DIDDrr SHEET FOR LEGAL ADVERTI . AENTS
Item 11 column inches -- daily edition, Plonday through
Saturday
a. Price per column inch (1 inch x newspaper's
standard column width) for first insertion
of each advertisement ..h -
b. Price per column inch (1 inch x newspaper's
standard column width) for each subsequent
insertion of an advertisement = ?
C. Price per copy of additional proofs after
first three (3)
e - ;O
AWAPM
The City of Lodi reserves the right to make an a-%sard on any item
or in the aggregate, whichever is most advantageous to the needs
of the City. -
PROMPT PAYMENT DISCOUNT
Cash discount of 1 $ for payment within 10 calendax-
days which will be computed from the date they ss is rencl red
or the date a• proper invoice is received, whichever his later.
PAYMENT
Payment will be made monthly, in arrears, upon zecc-ipt of it
proper invoice supported by copies of requested aclve?.-fii:5t£'raent -s-
Contractor (s) must establish a separate account for each ntajar
department, based upon the City's written instructions, anc3
bill accordingly.
OPTION TO EXTEND _
If mutually agreeable to both parties, any resultant contractCs3
may be extended for an additional year through January 1, 13$3 ,
at the same terms and conditions.
:� i :)�)�1:� 1 v • � : lil a'l: �,�.:. :l :i' �. �� e— . 17 - .
Name Title Date
BIDDER'S NAME I.
PAID CIRCULATION OF BIDDING NEWSPAPER ::'J—)
IIID TO THE
CITY OF LODI , CAL. _ )RNIA
PURCHASING DIVISION
FOR: OFFICIAL ADVERTISING
NAME OF BI DDE R 1,01-1i kL : .' :''....-:;
BIM.MST BE RECEIVED BY THE
CITY CI.EP-K, 221 K_ Pine Street
Lodi, California
Prior To 11:00 a.m. ,-Tuesday,
January 6, 1981
BUSINESS ADDRESS i' • l' .:. `•1;., tr, u� s ti,:: ;' J'_ 7
Telephone S, —51ns
To the City of Lodi:
The undersigned, as bidder, certifies that the only persons cx- partiic-s Ir:terest-
in this bid as principals are those named hernia as kbicider; t1tat this :=id is made
without collusion with any other person, firm, or cxrporztion, that- in submitt nc
this bid he has examined the "General Conditions -and ]instructions to I:i elder$ and
the specifications; that he proposes and agrees if, this bid its accepted, iso will
execute and fully perform the contract for which bias are called; that i►e will
perform all the work and/or furnish all the materials spe cifiecl in the c-c+ntract ,
in the manner and time therein prescribed, and it'ccording to the requirrmersts Zs
therein set forth; and that he Will take in full hayvient. t-herefor, the prices set
forth in the attached schedule.
Typed or Printed Name and
tie
FOR CITY USE ONLY
Bid was opened on above date and at prescrll+ed place_
Bid bond required (x)No ( ) Yes Amount
Alice M. Reimche
City Clerk
Approved as to form and legality
Ronald M. Stein _
City Attorney
Snaturo
LOL-i NEWS oSEY"k-IN E1L
Phone (209) 369.2761; from Stockton 464-1200 125 North Church Street P.O. Bax 760 Lodi, California
Fred Weybrei
ruwishor
January 5, 1980
Lodi City Council
City Hall
Lodi, Calif. 95240
Gentlemen:
Enclosed please 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 f or 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 which addresses this subject. It points out that a+ City Council
or other public agency when awarding bids for Public Notice publica-
tion 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 i9 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 m>.11tiplied
Serving Lodi and Northern Son Joaquin County since 188)
Published every morning except Sundays and holidays
0
LoE.11, NEW&PSENT.
Phone (209) 369-2761; from Stockton 464.1200 125 North Church Street P.O. Box 760 UKU. Colifornio
Fred Weybret
P%"Sh*r
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 n.
The six -qday per week publication schedule of the Lodi News-Sentfnel
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 Bell
personnel have long worked together in meeting these publication
shedules, even when they meant accepting copy long after the es—
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 effectiv e
and timely public notice advertising in the future.
F'W/sm
Enclosure
2
Sincerely,
red tJeybl•et
Publisher
Serving Lodi and Northern Son Joaquin County since 1881
Published every morning except Sundays and holidoys
BID TO THE BIDS !RUST BE RECEIVED BY TIIE
CITY OF LODI, CAL' RNIA
PURCHASING DIVISIbI � CLFMK, 221 K_ Pine Street. .1
Lodi, California
Prior To 11:00 a.m., Tuesday -,-
January 6. 1981
FOR: OFFICIAL ADVERTISING='
NAME OF BIDDER Lodi Neus-S..=_ntinel Tclepho369-2761 (
�
t�
BUSINESS ADDRESS 125 N. Church Street--P.C.Box 760, Nadi, Ca 95241
To the City of Lodi:
.The undersigned, as bidder, certifies that the only persons cvr° I%articrR iLtczes-
in this bid as principals are those named herein as Wilder; that this Md is; stadr
without collusion with any other person, ' firm, or caarporat ion, that in *-Wb tittin+ . .
this bid he has examined the "General Conditions and l:istruct icons to rd rider¢.. en}}
the specifications; that he proposes and agrees It this bid is accepted, ho �►•i11t>_-
execute and fully perform the contract for which bids are called; that i,e %,-III
perform all the work aaci/or furnish all the materials sped f i ed in the c -on t Tact ,%
in the manner and. time therein prescribed, and accordi:ig to the requirements as
therein set forth; and that he will take in full ikayment therefor, the 1;vricefi set
forth in the attached schedule.
Fred Weybret, Publisher �� � % _ Gu --e
Typed or Printed Name and Title �� ++ Signature
FOR CITY USE ONLY
P'
Bid was opened on above date and at prescribed place -
Bid bond required (x)No ( ) Yes Amount
Alice M. Reimche
City Clerk .
Approved as to form -and legality
Ronald M. Stein
City Attorney
E
CITY OF LODI, CALIFORNIA
BIDD1__� SHEET FOR LEGAL ADVERTI: _ MENTS
column inches - daily edition, Monday througlx
Saturday
Price per column inch (1 inch x newspaper's
standard column width) for first insertion
of each advertisement
Price per column inch (1 inch x newspaper's
standard column width) for each subsequent
insertion of an advertisement
Price per copy of additional proofs after
first three (3)
0 _
33.511
82.80
AWARD
The City of Lodi reserves the right to make an award on any lt.ems
or in the aggregate, whichever is most advantageous to the: neecls
of the City.
PROMPT PAYMENT DISCOUNT
Cash discount of zero $ for payment withiri c:alexic3zr _
days which will be computed from the date the ser. •:ri.co is r ctnileroa
or the date a- proper invoice is received, whic:heyox is later.
PAYMENT
Payment will be made monthly, in arrears, upoii receipt- of Zt
proper invoice supported by copies of rr-quest:ea acivoriasesnent_s_
Contractor (s) must establish a separate account for catch major
department, based upon the City's written instruct --ions, anR
bill accordingly.
OPTION TO EXTEND
If mutually agreeable to both parties, any resultant ccvnt3Cactts2
may be extended for an add i-ional year through January I, 1993 ,
at the same terms and conditions.
-eA
J Weybret
Name
Publisher
T
BIDDER'S NAME Lodi News -Sentinel
PAID CIRCULATION OF BIDDING NEWSPAPER 131713
12—
0
L I f CA Tin}ss
ruauc NOME 1
NOTICE L\YITIDFGmun*
FOR Ttii; PUBLICATION
j
OFTHE OFFICLALADYER►
Turf : BY THE CITY OF.
LODI IS ACCORDANCE'
WIT! STATE OF CAIJ"R-
NIA GOYMN3IXNT CODE.
srxmON 8064 at seq. I
' bo CUr of LAWS hereby In%
leets sealed proposals for tha ;
publication of the official.
adirort9 nX by the C Uy of Lodi
in accordance with State of,
C hUft retia Government Code -
Section OM at meq.
Each bid shA be In ace
dunce with speclllcatlorts on;
fue in the ofrice of the C'.ity
Clerk. City Hall. City of Lodi$'.
0diftorrnla 95M where copies'.
of saki spedfigatiom may be
kwpoeted or obtained. No bid
wW be con&WWred artless it is
submitted ons prop00.•tl fort'. .
Annlstned by the City of Lodi. ;
Bald sealed proposals :shall.
be delivered to the City Clark
of the 0ty of i odl at the City
Hall. 221 %Vest rine Street.
Lodi. Calilornla V.AM at or,
before MOD &erne. ZLesday.
January Q. IM and will be
publicly opened on sold dye
and hour In the Council
Clambers to the City HaIL
UAL CWitomia. ,
The Cih► of Lodi reserves
este right to reject any or aD:.
bids. to waive any h9ofrnalitvy .
or hTegutarity in any bid. to'
accept other than the lowest,
bid. or not to award the bld.
itetererlce is hemby made
to said specifications fbr Mr��
trier detalLs.
s: ALICE K REDACHE
city C3erk
City of Lodi
Dec. 21. 28 IM i
% col. inches
Lodi gees-zinntinel
PUBLIC NOTICE
Morns ailt/TWG 1110$ FO* frits
1PuatICAT10M CII 1N1 O"ICIAl
AOvtrtTfsm o by Im city of
LOW IN ACCOROA/KR WIT"
stATI Of CALIFORNIA CIOYSRM-
Mtr TC m lECTIOMt-9ieot $09•
1Ao City of Lodi i ~ebj'.whoa tool-
od pra$ for Nee pwbl.cetien of tM
oM1d( env. W the f h of led►
M occol 0 W.4tb stef..a cowor+yo
GeremmeM Code feetionlow a.a too
inch bid shell be in.ccer6enwe «deet
"'fko►lont on filo In." oMito of
"Cup Ctedt. City Nen. City of rod.
Coliiornie 9524 whwo copse% of said
epetilicetsons mey be Msspected a ob-
tosned. Ne bid will iso eo..t:de.ed
onto$$ is is sowfoMid oA a pr"Osol
brew 6mished by the City of Lod.
tbW Booted propo$ots shell be,
deli.«.d w " CN�Sy clwk of /ho Sty
of tell of She Cu ►len, Ili W*st pine
seroot. todi. CoIiibrnio M40 of or
be►em Ii:oo o.n►.. Tvosdeiy' few"
6, 1"1 and win be pvblidy elservd on
sold dor end ho.rr b Ibo Cow.cil
{ Chemb-ars In the City Moll. ted$.
i Coliip.rio.
{ The City of ted► *0 V;Sh►M
reject any w on bide° sO-Vwe ve " in -
I ben.otity or itr.Qwiorrty In.ny lid. to
ecetpt other tlwn the lo.°ost ►id. or
won Io owetd the t id-
Relorence is boreby .wdo to said
sperc ilk otion s lo. lwthov A0oitt_
City OF boot
ALICE M. RENJICM
CITY Cll RK
. Y
3i1 col. inchas
114 AVMX\8Y G�'Ma's di'onox''s • - : DbL 12
400t IR'hicb until be of itnusdsl -,id:o suchielgiow roups or insthution", as
ons in furtherance of their religious probtutssr or tirbicb _tt W -;a stay -srsy
sUch in the teachings of their pv icuisr 761,ion. It does not tint
T.') s o. 8m -Ps ire to be bzrzed Stoat those prft•IIegrs sr ' ,e no others
%iwe the actiri as no connection with rd4on wind does n in iiaurcisl
aid to the religi<au or iz,tion or sehooL '
In this case. play;ng •ball does not, of c olye the teaching of any
religious doctrine. Nforeover, ' is case no a is granted to the
TUWhial school. since it chargew for the use by it of the football
atscitian Thereforei no gift of public fv to private persons is involved, us pro•
hibited by section it of Article IN' the ornis Constitution, not is there a
v;oL-tion of section 30 of Arti V of the 'a Constitution. We believe,
! tberef". that the Calif Constitution does not p 'bit the proposed use.
In conclusion, i guild be obsetaed shat if she Ctlif Constitution pro.
btbits the use of the stadium, thea it would .also p it the use of
municipal turns by colleges maintained by religious organiaatio . e latter
ruse fo• *tbal{ games is. of course, quite common. Likewise, the use of m ipal
irtgs by parochisl organizations has been accepted.
{�• • oar
Opinion Ao. 48.168—.August 31, 1948
SMIECTtCOt'M ADN ERTiSIN'G: Questions Arim-ered Respecting Duties
of County Purchasing Agent Concerning JUDdling of Counry Advertising.
Requested by: DISTRICT A7701 I`EY, Impet al.Goun;; .
Oplttfoa byt FRED \. HOWSER. Attor ncr t3eritrst.
John F. Hsss:er. Der -M7.
?Irt District Anorrte} o! Imperial Coun7 bas teques:ed rbe opi:•;Q!� of t...is
office oo the following questions:
1. In a counry crap,c7;ng a ptaehaAog agent, is it one of the duties
of the purchasing oxen::o fix :he price for envoy advr:isir.&, err~::
ennt:ay or otbe.•wise?
2, If it is one of the duties of stab p�-cttiis; age• ;;a :b�►e uc,
established proe-Tdve he can Wow in fixing the price?
i 3. If there are several newspapers of b'MaX) circwstfon pun USed is
k. dK county, both dzily gad weekly, with "Ing Amoutrs o! tim:jltita.
Is t!u ittclu:ing agent required to 4ozsida the �•aa : o: d�.i:ar on Cr
S ran-spaper in drerm;;ins the price he emblisbes?
'` t �,. ,fit , •�,,,Dt'7hcft t•,.�,�e^.��, el a' h�.���*�'li�,�edi.�•�'i'iD..J�"'
•'• a• .s o____`_��rknl circx.:ucioa soub.'is-„,4`te� ;n.•s...;�.S;S.
he neve rye loaK•st biL as she rice m be d !ot cater t►dt crtiain
.Pe '
e
I
Sart.�, ;, .11
-10481 ATTORNEY GiI�tRAI;'a tJPL41v.\S • • _ _.;
Our conclusions are is Mlow•s:
1. The purctssing agent m. -y but rices net Ira the prate for co-_r,-
tising, vhieh prier may bm neml m -r be fXed +• niti r.
2. There is no establislied I,toredure for the county Furdurasing agent to folli
in fixing the price. for county ad.enisin�gi and resort itiiy be had to ariv pro+
means or infottn•_tiolL
3. A pu►ckasing agent is requited to consider the amount of circu!at;on i
is not guided sole!?• by his boding in this connection.
AINALYSIS
Prior in incot; tido t in the Government Code, Stenon 4041.13 of the Pa
eat Code proviied in `pM. as fo lows:
” .. VC-lienever a board of supervisors shall employ a purchasing
agent as herein provided -for it shall not be necessary On them to adver.
tise for bids for furnishing county supplies ^s required in section 4048
of this cede, Vkh the exception of advertising....'
Former Section 4048 of the Political Code provided in pan as follows:
... except in counties employing a purcbasing agenti the board shall
annually fix the price at which the county shall be sup -lied with job
printing and !;tank books, and also the price of all county adver•
t;sing:.. .
Respecting these sections. we held in Ops. Arty. Gen. No. $011 that p
legislative ietc•r::ftl-•ed the apparent repugnancy and that there aaf 134
qu'sreiitent for the sivernsing for bids for county advertising. Further, that
bards of stir:vison of collates wherein no purchasing agent was , oyrd
required to fix tbt sate of advertising and that there was no ic-quimbitnt *11311
board fix such we in counties em ng purcha•;ng agents. The conclusloi .;
specting coueties employing purchasing agents was apin expressed, to like ti
in Ops. Atty. Gm N. S-941. The provisions of the Politics! Code, res, eatanti 11:.`
for counties wherein aro purchasing agent was enrployed, undo•,tbtedly
•se Doa:d .0 6 t:+e sate for county advertising our an annual basis. No re t:
.hent of the Political Code etujoined the purchasing :.Aent of a county to ansa;
or otherwise fix eie rates for county adven;s'rng. We are of Clue opinioo
provision that inquired annual fixing of advenising rates by f! . W;%rds of X Z`
visors of cot niks wherein no purchasing agent was mpkp-d wa not st `
to the inference dant a purchasing agent was required to annually Ex such
in counties waereitt such officer w:as"employed. r
le 1947 the Political Code sections were svbsantfs lr Inc rM'eed °
Government Code. T'sets% the pertinent ;an of Political Cafe Srctiod 4045 ba
Section 25484 of tics overnmeat Code, and noreads u fuitows:
:_1 1
"ATIOli•MY GENLW.2.'S,�Pih:l ZS `« ':•. nroi 'u •.... .... Ser.• ':94b} .... A770hh;XEY G1T_'AL•b Off ONS .: `.!+;'• U!
.. •, • v lir • - - 1
"L as;y4a'jotp %+i h docs not unl�lli pL�tis!s ,X r,gca:,'TI-4 t•x:r3 uc•r, or �G:e? arc nwc:" and r.:«li:s frota the Coo iO3 It Is, o! cv.tr> . o
: `A annually fu the p; ire at'wbitb 11me cu-ts.7 vtty be Bopp lied x;;h job 6,C ;, c-,rst of the pu...F torporst;on that its greds lie �*�. r�r,a+� sa
pr;ndcg ars.: bluk !,.•:».s, .'tW board AU1 sew fit flit.?rill' of all o, CAU:"i'U_cs "r y I'Mmirt and cost ww mat. ,
A d ews�,?cs of gem Circtslstioo w ►%i prFausilbl}' elle) oo:la M ► la:L: r seb• .
The penioent part of Sect;on 4041.13 of the PaNtical Co2.t botwe .kctioa Ment of the public And s goatee number of ptospectiv.e syspliys and..:.oas in-
$02 of the Government, w•lucb section naw reads u follovrst terested di clic aowcat of the notice. This, however, u not SAOU Oy $o, and ere '
"Whenever the board of supervisors cmp;o;•s A pumhasing agcat it aic of c ;c o,2�,a;on that mere numerical superiority in the minct of tirouLtion does
shall not be oecesswT for it to advertise for bids for Juraishing county :.ot coa end one .ticw•spaper to the exclusion of others :'lie 2mrtttaation of this
supplies u 'required in Section 23430, with At excepuoo of adverriske o cscion is 4 raely one for &t purciming are m. charged with procwmig advertising
In Section 2 of the Government Code the rule for coast.•oction is sated as with : v;cM of whether or not remorub1te notice -nay be given. V7e believe it would
,olk be arb;u,%,7 .rid untAmount to an abuse of discretion to filll to coosidet the circa- i
"rhe provisions of this code, in ;o far as -bey are su:ntaatial:y tLe ;st;oa of a scwlp :per. At the same time we believe thst the question of circulation
s=,.,J existing its.utori provisions =Charing ro .mac sass.- s+110a tn1= alone c.•nroc be de:etminadve. It s likely that a standard -night be set by the
shall be consuved as restatements and .continuations. Yid -not as new m:.-ew s :a :gent is his SaNag that a pa•; cular newspaper has a substantial and
. ta1CSrLCntS." • �' r ;Ca:h:.3.�.:C Cay.:lse M: the pti .WM contetaplated by the adve•'tiscment, but less
acct annexe published within the county. We believe that the c4&eL
We are of the opinion chat the provisions now ming is the Government ! d cgnsi_dc_:_a:! services .offered by the several ae+vsp=pens and rhst nis deter
tie mean no more tend no less than. and a.r to be ansvued the sssac as, the minsrion in select n . a iculat newsp. ;Mr is proper is the event substantial a •-
iner provisions in the Political Code: distinguished from mere tol en_notice is i._en.
Accordingly, in reply to your first question, -we isel eve that the purchasing In the event the purcrsas�ag agent fixes a price for advertising in newspapers
nt may fix the prices for count) advertising and that such price may, but noel
be feed annuaDy. In this connection, we are of the opinion that the purchasinb ; of sated circulation, and such price is arbitrary and unfair with respect to Adves-
ac sin}. in his sound disue:;on, fix the price or may othetw•ise negotiate for tisements in newspapers of greater c;rcvlation, it may be that the fixing of rich
price is an ab
purcha%e of county advertising, u need and cireumstaaccs require, and in a use of discretion with respect to the placement of advestisemrtu
act consistent with his general powers and dutim i which in their name require greater dissemination than can be had for the estab-
lished price. Whetber or not the proposed advertiu-Ment requires greater cit".ioa
Your second question is prtdinced on tate supp.:,sitioa that a p:uclusing agent � ;
uircd to fix the price. In c u op;pion, the nurser v! price fixing is discs: ioaary u a matter, at least in the first instance, for the purchasing agent to detcrrn;le
according to his own good business iudg:aeac.
tb the purchasing officer. In such uses, however, we agree with your observation
°pit he " ,y use any proper means or information at his disposal since no pro-
The araacr to your fourth question is contained in part in our reply To your
lure is'}�:escti5cd by the Code. We also concur in your ol.:,ervation that tet put• third question, R_"e,can imagine situations where acceptance of the :ay u_ .;d
without retard co other services ofcreJ by the successful bidder m_ JShi •,� :n aSsse It
using agent :sty request gvotaeiov frvtn various newspapers of Senora] circa• _ _
;on pub.'iiNcd within the county and may establish the pike soccrdirg to his of di.,4:retion and a fraud: 9on_die count •. We think it net or proA-cr but pradeac
dings, In this connection, we believe that the purchasing agent -may lawfully 1 to consider the matter of circulation, together with the otbes u:v;, ea offered by
,'er to recognised price or cost indica and adjust the prier from time to time if, compeOng. though higher, bidders. Of necessit)_, the marcr must rest within the -.
this iudbsncnt such action is v :_rranted. „ sound discretion of the purcha tag agent in the performance of his duty. Thus, in
Answering your third question, we are of the opinion that a ptuchas;ng agent Cyr V. Vlhirr, 83 A.0 43, the court sated as follows (p. 47):
aired to consider the smokint of circ-Oation of flu ae�•spaperw•hen &: cctri � " , ,Ina given city. -bete may be two nmspapers of SpriaAl circuli. (.
.4 Price io be est VhW or n her, lcttt S*.x ccxtt'Ma (M Qurctu+se Of a.vertisintz_ tiort, one a daii y with a uetnendotu circulation. the other a w mi-ly with a "
es The purpose of public notice througb zdw tis rnenr is aev .!% pert of , very small circulation, While the lane: might be .ible to pablish k
pl
�•+ual circulation i. most obvious Thsc ra.Y3utc c>?astta lstes�ttxTfmuuucuroa of o p
t.,._•,.�.,,_._.. most -._._._ P._ P, notices much; cheaper Than the former, it would be fat more is the is.. '. d
;ei!i ace to that the city's legal notices be pub
d in tcrests of the pu
tlx i ublic rcacrsll} u aetJ as to persons psrtictrlar3p interesteblic tuhed in the p&Per ;
1=-' bl�`F miner. The gcocral public is given paKiot uaoag vtisa rcisons,'za of luget circ6lation. At least, in awarding a contact, the ri7 c�ova-i1'a�
,der chit it asy �ntuat of the affairs of business durSed era =he sdminisrra• should be petrinttted do weigh thu corssfderscioa mast zbe ==T-
�n of public,oMc, ndivMusls pasties hill intetrsted Jct xhe subjea master are co..% and sinless the sound abuses its disuecit>A, its tion sbosld ' T_
4tifiod in order that tht-y m•;y a.pply.scuv:w at-in=tialt io the g. lie corpora• stand." -•
RESOLUTION NO. 81-12
RESOLUTION ESTABLISHING COMMUNITY USE
GUIDELINES - OLD UNION HIGH SCHOOL
CAFETERIA
RESOLVED, that the City Council of the City of :Jodi
does hereby adopt the.Community Use Guidelines for the Old Lodi
Union High School Cafeteria as depicted on Exhibit "A" attached
hereto and thereby made a part hereof..
Dated: January 21, 1941
I hereby certify that Resolution No.. 81-12 was passed
and adopted by the City Council of the City of Lodi in
a regular meeting held January 21, 1981 by the following
vote:
Ayes: Cot}ncilmen - McCarty, Murphy, Pinkerton, Hughes
and Katnich
Noes: Councilmen - None
Absent: Councilmen - None
ALICE M. REIMCHE
City Clerk
•
EXHIBIT "A"
OLb LODI UNION HIGH SCHO¢' CAFETERIA
600'West Oak Street ll
COMMUNITY USE GUIDELINES
1. Reservations may be made through the Lodi Recreation and Parks Department, 125 N.
Stockton Street`- 369-5881. Reservations are not considered final until $50
deposit is paid.
2. Fee Schedule .
ption #1 --Main Hall, No Kitchen Facilities $50.00
Option #2 -Main Hall, Minimal Kitchen $80.00
Option #3 - Main Hall, Full Kitchen $100.00
3. Damage Deposit
Users will be assessed a $50 damage deposit, due at least one month before the
date of the event. If the total amount is not paid prior to the day of the
function, the building will not be opened.
4. Clean -Up Charges
Clean up fees w.11 be $5 per man hour following the use of the facility for
Option #1 and Option #2; Option #3 will be charged $175 fee for janitorial
services, at the discretion of the Director of Recreation and Parks.
5. Broken or Missing Items
Inventory will be taken and recorded immediately following the event; any
damage excessive clean-up pr missing items will be automatically billed to the
user.
: 6. Hours of Use
f'hefac�y is available from 8:00 a.m, to 12:00 midnight daily except 8:00
a.m. to 2:00 a.m. on Fridays and Saturdays. Each fee covers 10 hours of time,
which includes decorating, opening the door for catering or deliveries as
well as the function itself. Additional hours will be charged at $5 per hour;
this should be anticipated and arranged for at the time the building is reserved.
7. Decorations
Decorations are permissable, but must meet fire code and be completely removed
immediately after the function concludes.
8. Security
Security guards must be hired by the sponsoring group or organizatjon whenever
a public function is held.
9. Liquor
Liquor is permitted; sponsoring group is required to obtain appropriate permits
from ABC.
10. Facilities
The Building offers tables and chairs to seat 280 people, plus a full kitchen.
Dishes and table service available upon request.
11. Liability Insurance
sers must -sign a hold harmless clause and furnish the City with a certificate
of insurance; said certificate must show the City as additional insured.
($100-300 thousand, personal injury -- $50,000 property damage.)