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Home My WebLink AboutAgenda Report - February 4, 1981 (40)V REM AWARD ti LEGAL Agenda item "k" - 'Award - Contract for Legal ADVERTISING FOR Advertising for the City of Lodi" was intro - CITY OF LODI duced by City Manager Glaves. PRS. No. 81-7 Mayor Pro Tempore McCarty asked to abstain from discussion and voting on this matter, because of a possible conflict of interest. The bids which had been received were presented as follows; Lodi Life and Times i Stern #1 Column inches - daily edition, Mond,,- through Saturday a. Price per column inch (1 inch x newspaper's standard column wGdth) for first insertion of each advertisement $1.50 b. Price per column inch (l inch x newspaper's standard column width) for each subsequent insertion of an advertisement $1.45 c. Price per copy of additional proofs after first three (3) no charge Paid circulation of bidding newspaper 3,700 Lodi News Sentinel item it 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 $3.50 b. Price per column inch (1 inch x newspaper's standard column width) . for each subsequent insertion of an advertisement $2.80 c. Price per copy of additional proofs after first three (3) Paid circulation of bidding newspaper 13,713 # A very lengthy discussion followed with questions being directed to the City Attorney and the City Clerk. On motion of Councilman Hughes, Murphy second, Council adopted Resolution No. 51-7 naming both. the Lodi. Life and Times and the Lodi News Sentinel as newspapers of Record for the City of Lodi, whereby all Public Hearing notices will be published in the Lodi News Sentinel and all legal advertisements calling for bids and the publication of adopted Ordinances will appear in the Lodi Life and Times. To YHE CITY COUNCIL FROM THE CITY MANAGER'S OFFICE SUBJEC Y Q UNCIL C 5B1UN1CAT N DATE I No. anuary 30, 1981 AWARD w CONTRACT FOR LEGAL ADVERTISING FOR THE CITY OF LODI This letter is being written in response to questions posed by the Lodi City Council during its regular meeting of January 21, 19810 1) During fiscal year 1979-80, charges to Expenditure Account No, 303 - "Advertising", amounted to slightly over $6,000° 2) We have been paying the Lodi News Sentinel for legal adver- tising at the same rate which appeared in their recent bid, namely: a) Price per column inch (1 inch x newspaper's standard column width) for first insertion of each advertisement - $3oS0 b) Price per column inch (1 inch x newspaper's standard column width) for each subsequent insertion of an adver- tisement -- $2.80 Council should be aware that the bid specifications for the offi- cial advertising as received by both newspapers contained the following stipulation: "The City of Lodi reserves the right to send legal publi- cation/official advertising to any newspaper of general circulation within the City of Lodi in order to meet a publication deadline." This stipulation was discussed with both newspapers at the time of the preparation of the specs, and both newspapers indicated their concurrence. ALICE M. 121'l CHE City Clerk AR: d9 Lodi Lire ce 'mimes Lodi City Council City }call Lodi, California 95240 Gentlemens 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-- .ome 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 gaily 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 & Tides 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 satiafying 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 p�Ci ,, Council for reference only in the event all bids were the same. 1'-0- B4% O{. 1AA1, 001fo ni a WO (me) 308-5126 I Nish to make you aware that Lodi Life & Times has been put in rotation for public notice advertising by the County Board of Su�oer- visors, the San Joaquin County,Clerk®s office, the Sara Joaquin County Planning Department, and the Lodi Unified School. District, from which we will. receive "every other" legal ad placement, we've been informed. The question of column widths in the case of the two Lodi news- papers, does not come into play. The.compar°isonof the two ads placed by the City of Lodi (to advertise bids) was indeed com- paring an ad set in 5 -point type and one in 8 -point type. The ad published in Life & Times was mistakenly set in 8 -point type. At- tached is a copy of the same two ads, except the Life & Times ad was reset in the required b --point type. As you will immediately notices 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 daily, this "service" would not necessarily effect the city's advertising schedule.2lt has been a foregone conclusion that if the city's re- quirement for thepublication of an ad does not meet the publishing deadline for the Life & Times, the City of Lodi reserves the right to place that particular ad in another qualified newspaper. Beyond that, the staff at Lodi Life & Times stands ready to serve the City of Lodi in providing effective and timely public notice ad- vertising. The Life & Times, too, has proved itself to be a respec- ted and established servant of the community. We hope we can be of continued service to the City of Lodi in meet- ing legal advertising requirements. Stephen 11 Publisp Lodi Life &rn mes I 1 „ Tlm .'.3 IBUC INCMcE NOTICE INVITING BIDS FOR THE pLiBUCAT104 "SoRiG BY THE My OF LODI IN ACC U OA, Ck' 1AM1 STATE Ou w N -L.% C^V44LYNEENA ODE SEd'111ON, em el %4q. City of Lad1 hereby ira v tan for tha publication of the Offh:W ®dyer Ming by the City of Lodi in accordance with State of Caltfomira Government C de Sections WM ct ,,Pq. 1 Each bid slhatl br Li accor- dance +lath "cMeatlolx on file ire the office of the City Clerk, City Hail, City of Lodi. CklifonilA %240 where coplele of mAd specifiqation+ may be Lru. cted or obtalne do No bid will be cofWdered urde.w it t.% rubmltted on a proposal form f a•nl_%hed by the City of l zdi. Said selliled pmpoeals shad t>e dellve" to the City Clerk of the City of Lodi at the City Lodi, C %lifornla 9x240 at or before 11:00 a.m.. may. January 6. 1483 and will be publicly opened on aak•tld day and hour In the Councli Chambers In the City Hata, Lodi. C anforl-daL. Tbo City of Lod9 reserves the right to refect any or all btd', to wtaive any Irttbrtnality or irmguLw lty in any bid, to Accept okhor than Uw laweat' bid. or riot to award the bid. Pteftrw-ice W hanby made, to wild qx-dhcatioM for ftu%, thfr.r detalls. g: ALICE IGC REIMCHE City Cleric Clay a.P [.tom Dec. 21, 28 1!x'0 51� col. inches . PUBLIC NOTICE NOTICE! IP/VPTINO stn% POR IRA SOY ElBv TTB� PWAICAYsON OP YfHO OPPICIAL PUBLISH Of T"I OOMIAL ADV®SYtSINO 07 YHII CITY O8 ADVIRMING ®'l TM MY Of ®ODI IN ACCCtr9OANC® WOrM tfIATV Of CaL1904VWIA CrOVISIM- LOOI PPA ACCCIAMANa WffH IN48fHYCO04SIVIO98Ae *0soq. STATE OF CALIKONNIA 7f.® Clty of low 4gra6q twvlte9 twOt. GOV1Ft l 64 Pon Is Igo thO g'6I.4ol.trw Of the �{$C�ry mf41t+C ®�®1116,np by 111-o C-ty Of I,04:00The ®e,+ebY ®+mdm6 etiDt33ntm wits Si®tm ch Zahf®a� a o1 loQ. ~00* COdO 1tpA d,p$Q of teq PI p45t5t 610 40, I" publ,toa.on Pt !Re al -m�lflrw®n4 lodh 6d "I "in ®ttdtd Grace wit% I-1111 aivor•. t,,.� by ,4.6 (:0, Ut k", .n s�otiHtn►fgsae o.+ od,& to SKO OH.ta Ol pas „57a.•c6 w,lh 700+0 of Coil �Id n.Q CIO, e,n.. t Coda S6ct,on 600 of %aG 0.0c1ty C1efft.. civ 160". City 0 trNA t xt. b«q nhCW bm rn oaan.d�sn¢® w,th C"#Qrrre IS260 whmee top -04 0 9.7.51 ipe 1 it.c QlitH•1 On Me in the MI.,a 0 1916 ap®t141cat+Oa» Indo, fie i.a%P4Kstad cif at, C.1. C. 14 C.,, "'Al C.ty of Lod, COWS" Btistm.'I. 10 Wd will " 90f•siaf.o, wJ •• 0041+) .-+,e•e cov.01 o11o,d tpef tt,ca srnloss 19 it eaibam,timd M e P�Opot01 0 —0, nm '.•.p.o d o. nb10--i t•Fu fofm 1wf 40Asd by 1ho Cite of t04 h.! .+I he 1u.•1 fa+e! r.ieac 't �. 1uo so'j sOOled PAaps0Ols shot, Da .^. •, o ,• 0 1,.5x•<1.6+ ta•4.h_J n, ,,1 J01 --wed 10 the city C6,1% 04 the CHV o (. 'r (-I. of Lo -1A of the COV Hato 771 Was• P, -,p I , Q..n t"OP014111 .hoe be Sit tat toj.. cat.laff5.0 "1 40 dt of I...r 1 rel I.— l..' 0.1L 0 rho (.,t of "NO -0 1t Co o m Puos.rop �,ynl,q,y ,�.r, 1, ohm (.,a .011 771 Wm.+ III— ®. 1941 and w 11 too pvbIKIq OponwC n•1 5�•or� 1'16 001.10 0 "24a1 u told &I and hoot in th® Co.,: c•l �. a , fu®adov lanve,y n Cfsombar% in 0.0 City 14011 1 C"A. IVH, awn w ; t> t. bhiiy 000 ipd on 1014 C61,4etro0 .101 ur.4 hour m .he C_oun5 % (hQAlti,t .n 7t.® Oi-r of Lodi f6►®iv0s IN*t.y^114 to ".a C I, Itn,� 1-4, Curl I•'m C '1 .+ ia1• 'e.Wv, 1hm f®1eCt O+1q Of all bids. IP wOlra Onp rn. .'e<I n••, o. M' b•d. 10 wO•�6 O„/ .11+01 l Ipa_+WO{!tr Of „Ip9J1001*p ,h ring b -J IW ,•'.", ., .••plvylOr.Oy ,n M., b.d rn a mit spt of K%f th3.1 W-0 10-®%t k.•d of ®G1 .,he, 1110.. 1116 10w®„ hid r>a n01 1Q Font 10 awnfli the +. ;1 O.. ' d •116 t -J l � p010fdiK® 15 ha,ebq mOS.Jw to a.]IrA +tvlP. v^t t➢ .1 1iN•VhY '^ I. 101 LU•@ ®p"rlltot. ons to, 1v10-04 .9®10.,0 City 0# LOUT , mt=CI V 99fIMCwI AL1CC M. W(lMC41 C•1• {Im,t V" Ct I RK Dq't 70. 87. 1900 0- a' Got 1000 3�z col. inch CITY OF LODI, CALIFORNIA BIDDING SHEET FOR LEGAL ADVERTISEMENTS Item #1 columi, inches - daily edition, Monday thr-caugh, Saturday ao Price per column inch (1 .inch x newspaper' - standard column width) for first insertion of each advertisement bo Price per column inch (1 inch x newspaper's standard column width) for each subsequent: insertion of an advertisement ca Price per copy of adda.tional, proof's after, first three (3) AWARD The City of Lodi reserves the right to maL-o an award on any Stem or in the aggregate, whichever is most advantageous to the xaeeds of the City. PROMPT PAYMENT DISCOUNT Cash discount of % for payment wit:1.; calendar days which will be computed from the data the� service is rendered or the date a proper invoice is received, whicht-ver is later. PAYMENT Payment will be made monthly, in arrears, upon recc-ipt of tY proper invoice supported by copies of r( -quested radvert-..isemexat. ;- Contractor(s) must establish a separate acc-ount: -for each xaajor department, based upon the City's written instructions, ancl bill accordingly. OPTION TO EXTEND if mutually agreeable to both parties, any resultant contract(s) may be extended for an additional year through January 1. 3-983, at the same terms and conditions. Name T-Itle date DIDDER e S NAME PAID CIRCULATION OF BIDDING NE.td St'At'ER a ( E PID TO THE Tex MUST BE RFCE;I` ED BY THK CI'T'Y OF LODI , CALIFORNIA PURCHASING DIVIsioN CITY CLERK, 221 t,T_ Fine Street; Lodi, California Prior To 11:00 a.m., Tuesday, January 6, 1981 FOR: OFFICIAL ADVE KrI S I NCo NAME OF BIDDER R 1, , .._ _ .. _» _ Telephone ,1 -.?6 BUSINESS ADDRESS To the City of Lodi: The undersigned, as bidder, certifies that the only persons or parties intcrestc� In this bid as principals are those named herein as bidder; t.Yaat thio .yid is trade: without collusion with any other person, firm, or cx--rpoxat ion, that. in svjlvvtttinq this bid he has examined the "General Conditions and IraSt.r'uctions to llidders, and the specifications; that he proposes and agrees if this bid is avicepted8 Ito .,ill execute and fully perform the contract for which loads dare nailed; that Ito velli perforraa all the work and/or furnish all, the materials specified Irl the contract in the manner and time therein prescribed, and according to the requirements as therein set forth; and that he will take in full payment_ therofor, tt►e prices sot forth in the attached schedule. Typed or. printed Dame and Title FOR CITY USE ONLY Bid was opened on above date and at prescribed place - Bid bond required (x)No ( ) Yes mount Alice Flo Reimche City Clerk Approved as to form and legality Ronald Mo Stein City Attorney LODI NEWSoSEN".1 INE L 'hone (209) 369-2761. from Stockton 464.1200 12$ North Church Stroot €',0, Box 7601 Lodi, California Fred Weybret Pub1 i-khee Lodi City Council City hall Lodi, Calif. 95240 Gentlemen: January 5, 1980 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 passible 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 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 nate 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 fear 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 wine 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 cast to the city for the publication of a particular notice, the cost per column inch must be multiplied Serving Lodi and Northern San Joaquin County since 3881 Publi,had every morning ex[egr Sundoy% and "idoya LODI NEWS,,I iNEL Phone (209) 369.2761; from Stockton 464-1 ?W 125 North Church Street P.O. Box 760 Lodi, Colifornia Fred Waybrot Publishes by the set depth® Price per column inch alone is not a true cost figure. The Attorney Generalts opinion also notes that consideration should also be given to the "other services of competing bidders". The six -clay 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 Nerals -Sentinel and City Hall personnel have long worked together in meeting these publication shedules, even when they meant accepting copy long after the es- tablished deadlines. We value nus 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, _It't C� " f"'� red Weybret Publisher Saervirrcq Lodi and Northern San Jooquin County sinco 1881 Published evory morning encept Sundays and holidoys 81D TO THE CXTY OF LODI , CALI- ORNiA PURCHASING DIVISION FOR: OF'F XCIAL ADVERTISING I BX' MUSTBE RECEIVED SQA THE CITY CLERK, 221 W- Pine Street Lodi, California Prier To 11:00 a_rn_ , Tuesday, Jain nary 6, 1.981 NAME OF BIDDER Lodi NeusW-Sentinel Tolephone 369-2761 BUSINESS ADDRESS 125 N. Church Street---P.O.Dox 760, Lodi, Ca 95241 To the City of Lodi The undersigned, as bidder, certifies that the only persons or lartie-s- Interests in this bid as principals are those named herein as bidder; that this L=id is atade without collusion with any other person, firm, or corporation, that in z-nbu ttting this bid he has examined the "General. Conditions and Instructions to Waders" and the specifications; that be proposes and agrees if this bid is-scc-epted® ho %eill execute and fully perform the contract for which bids are called; that he W111 perform all the work and/or furnish all the materials specified in the contx'axct, in the manner and time therein prescribed, and according to 4.ho-- requirements as therein set forth; and that he will take in full 1myment therefor, the ;prices set forth in the attached schedule. Fared 'Jcybrnt, Publisher Typed or Printed Rame and Title POST CITY USE ONLY Bid was opened on above date and at prescribed place - Bid Bid bond required (x)No ( ) Yes Amount Alice Mo Reimche city Cleric Approved as to form and legality Ronald Pie Stein City Attorney Signature -)CITY OF LODI, CALIFORNIA BIDDING SHEET FOR LEGAL ADVERTISEMENTS item #1 column inches - daily edition, Monday through, Saturday ar Price per column inch (l. inch x newspaper"a standard column width) for first insertion of each advertisement 33.50 bn 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) AWARD The City of Lodi reserves the right to make an award on any item or in the aggregate, whichever is most advantageous to the needs of the City. P..OMPT PAYMENT DISCOUNT Cash discount of zero % for payment witbin ezzle-radar clays which will be computed from the date the se� ce is rendered or the date a- proper invoice is received, whichever is later. PAYMENT Payment will be made monthly, in arrears, iipon receipt : of a proper invoice supported by copies of requested adveictismients. Contractor (s) must establish a separate account for each major department, based upon the City's written inat:ruc.tions, and bill accordingly. OPTION TO EXTEND if mutually agreeable to both parties, any resultant contraatCs) may be extended for an additional year through January 1, 190 � at the same terms and conditions d We bret Name Publisher Tit e BIDDER'S NAME Lord News -Sentinel 12--30-=80 Date PAID CIRCULATION OF BIDDING NEWSPAPER 130713 D rsa�c�j NOTICE 111ii%AODIDS: FOR THIN pV31.CATION. Oii"'i M OFFICIL.• LADVER, THING BY THE MY OF• LODI IN ACCORDANCE, WffH STATE OF CAI.[MW MIA GO1 wRMAMNT CODW, ark -M% inlay! et Wq. i the City of Loft hereby UV. Wtboa scaled pkVpl m*b far tha ; publication of the official advertlzftby the Cttyo(Lo di In wordanee with Stste of; C*lifotntA Government Oade Sat -UM WM et Each W Ou►3f be M fr<Cnoa% dunm with "cifIcat$01111 Gab file in the otftc4 of the Ci�y Cxerk, City nail. City of Lodi.'. Caufornla quo wtWre apples, of mid city Tnay be. ora tabled. No bid: wd on bo csidtrad Lt dem it Is submitted on a proposal kwm . ftLLnWwd by the City of Lodl. i Saila sealed proposals iifsall, be delivered to the City C9erk ; 01 that City of Local fat 1316 City , Hall. 711 Wast PhW Street, Lodi, chlubmia t1d.M at or i Wo" U*00 a.m.. Tuftsday,t d$ftuary 6. 39Qt and will be publicly openod on 'said day: and hour In the Council C hiunbors i��Uw CYty Hall„ • Lodi. yallib .Mnia. 5 TjW Cwt of Loc$ the rigta to reject any or all, bids, to waive any iat>f wM1L1tty . cc Irrevulmrity_ in any bid. to' accept 'other Van the low , Md. or i lot to award this bid. Ketemu* is hereby trade; to traldVeiflcat3" far• tar-, Vier detains. @:ALICE K RZIMCF3E c3erk - coy of LAKA Dec. 21, 28 UM 9 % cal. inches Lodi News--Snntinel PUBLIC !ICE s>11Psn" 1MvffW0 111x$ KMttela fuaL1CATlO1d Of s» CWICaA1, ADVIffrltifNa or TUq Cs" ov 16004 M ACCO"ANC8 WITH IITAtl OF CALWO+ MA GOVIM4. MINI 0064100 to" ~ of 00-4. Tho City of Lab 0-rro4 Imlfae ...l. ed gra it for ahs pv A*K0t. of eh® sfMciol rr rmrslelr.Q lrp tho City of Lam in ettOrdarue w't Ste1® of Cohforaio Qovwmrwenr Cede Sectaeta 6060.t..%. $oda bid shotl bo in occordonce -10k "Okotkww on Pito in ►ho Wke a Ww City clerk, City Fled. City of Lodi. Cowornio $5260 where copio% of &aid sp"Ifkwtom -" t+e Wwpocted se ab- aefned. No bid a.'11 be ec-Odor" W&" it to submitted on o Pea"" oerm $Wrik end by the Cay ea Lam. soil seofed is shot! be del}vwad to tha iry Clorq of "City rA t" ar 1ho Ufyy o11, ??I Wast Pre./. to4i. Coliform* 49140 et or tMlaro 11:00 a.m.. luesday. )onv" fS 140) and -111 40 p,rblidy opened on oefd day and how in the Cauncil Chambwin the Cite holt, Lalli. Celllwnlo. i The Cats of Lodi towns♦ the right to re}otr �y w at' bide, to valve ond, W.• fer.rwiity p Wteg.rl4witp M any b+le occopt WN04 thoa tfio to—st b4d• or not to Wy rd sho t;d. Refarente is heteky nw,& to saki spatifkotbnr fa kolhee dkrtdts, city OF LOCH AVCS tit, AWACM cny of Rl( fitiec. 70. 27. 1 iso 147.4 3A cal® inches '�>� SI.°b �P1ATa0Ya'S YVOL. 32 &m which x -i; be of i nanri.0 aid m S. i aui;iouLs F"Mr°s ar irLstittZtiur. as Ski is #txiscrinct of their H'Igious prop -atm, to -w+icb -W :] in sal• Vly such iA tht re--chings of sdrrir pmicular x it'ca It dc,cs not riaat yrs o1 pv.-Fs are to be butted from tbost priruegts ac t .e xo oti?r�s x•hers the activr ,as no cur:mettion a-itb rd.�gion and does nc.. is $:s_zcial aid to tine Migiaxu Of cation or school. In this case, prying -bill does not, of r 'olve the m2chiog of any religious doctri re. Mo,eovrt, * is case no Lssistance is granted to the psrochi:d scisool, since a charge w for the use by it of %be foorball sxae'u' . Therefore, no gift of public fa to ptisate persons is involved, ss pro. hbited bj• section 31 of Article IY the ornis Constitvtion, nor is there a ,60 •ion of section ;c of Arta V of the C$li, iz Constitutim Webclicve, tbercfOre. th,r the Calif Constitution doss mot p ;bit the proposed It: conclusion, i Auld be observed what if sbe Calif Constirution pro- Nbits the pro crit of the stadium, then it votrld ILIO p - • it the Use of sstunicipsl turns by colleges maintained by religious org=im io . , e Iartct arse fog Nrbal] games is. of course, quite common_ 1 ikr •ise, the use of rn �ipal ings by parochial organisations has been accepted. Opinion No. 48.168---, icgust 31, 1948 JECT:C0VN'T° AM711-MrNG. Qarnions Answered Respec-ing Dt:ties Of County Ptrst:hasing Agent Conceming k ndling of County Advertisirg. Raqugsl*d bar. DISTRICT ATTORNEY, rmperial Count-. Wou by: FRED N.I. HOWS£P.. Arrornet General Sohn F. Bassler, Deputy. The Disaict Attorney of ; '}p ial Count' ;ars rNuestt-d the opiricn of this Cee on the follots•ing questions: 1. In a county emplo}'ing a ptsrcitasing agrnt, is it one of the daties of the purrhxsing agent to fix the price for county sdverising, ci;Lw: sans:sill• or ochem'sc? 2. If it is one of the duties of writ pur&-&sins age at, is zbut ant• esrabiisl a prtir-?,iuPe he can feLTOW in fixict, the price? 3. If these are several ZM-Spnpers of 8tM)eta16.c-ulau00 published in Alt cuur17, both d --ills -nd a•etkly, Nritb °ming xrnoutr_s of circ :a 3s the pttrchssittg aient rrquired to oo, s er the 2--mt DI ei-C lation of tg MM-spaper in deterniming the price be t; 7 _ 4 E'hese theviffcbrsi_ agaRenr�xrr__e: cs bice ,ag a 4 ..mows sr:s of Mrwral Cirmlitico PuBblhed_ ' t aec the ;owm bid sea rise xA be rzid ion aadsestici , xg:etcn.-r ro tie arrsounr of rex esrt�isuxom� , , . ........ .•.._n�„n,Xia4.t��<:!S i.'�: tib..--�...-..[...--... .. Sarr. 19.181 ATT0AA� GLN:Mi11 n OPWc: NS - 1: O'.:r condussocs sae as for'?oars: 3. Tne purrhssiag agent mzS' but rura Wert �x the price for to ^.r :.' ._• tisirg•,whicb pr;cr ` ay but nce•' no: be frvtc! a••r.-1t1'1y 2. ''here is :ra established 1-rcwedure for the counry pur:A._sing germ m faoros' in fixing the price for county adtiertising• end resort may be had to any F''i7e mems or inform -tion. 3. A purck.-mng agent is required to consider the ausount of eixculmion btz is not guided so'cl)' by his finding in this cornectiom 4. The ps rchs>ir,r axent is net rrauirrd to accept the lowest bid for count tdstr':sin •, witivxu- reference to circulsrion, rathrr he should consider rirctlatiIn acrd other sen•itts of eompSting though hither bidden and othcmise set accorc ine v- his own b'ssiness iud -hent and decision. AN' AIYS.S Prior to incorf nrstion in the Govern=enr Code, Soction 4041.13 of the Poiir Cal Code provicc%! to past as fo'.losts: Wlicnever a 5=d of supervisors shall employ a purchasing agent as herrin provided for it shall not be necessary fir them io adver- tise for bids for furnishing county supplies as rcqu-red in section 4048 of this code, with the exception of advertising... " Fortner Section 4048 of the Political Code provided it pnrr as follows: `... except in counties employing a pumbasing agent, the bird sh,Il a.°inuaUy fix the price at which the county shall be supplied with job pointing and blank books, .. and also the price of All count) adver. rising:. . Respecting rhrse sections, we held in Ops. Air}. Gen. 'No. 8011 that pate legislative intent resolved the apparent repugnuwy and th.tt there was no Suirement for the advertising for bits for county advertising. Furtbcr, that i board's of vipt:n-isors of co'.intirs ohrrein no purchasing agent w•as ere cd R•t rN,-,Ifed to rax the rate of ad-trcising and that there wis no rcq,;irctnent rl,et i board Ex such rjtc in counties ernploying purch�aing agrms. 'lite conclusion i specting counties tt.•tploying purchasing agents was again eapttswd, to like effi in Ops. Acre, Gcn. NS -941. The provisions of the Political Code, rc-sf'cztii:b for counties wherein no purchasing agent was errpfoycd, undoubtedly :Nui the &;mrd to far the rate for county advertising on an ass[tual basis. No rv4u :nen: of the Political Cock rnioined the purchasing :.Zmt of a county to annus . Or ot:ierwise fix chc rites for county advertising. We are of the opinion drat t. provision that required ennuai fixing of advertising rates by t?., bU-.trds of pig:- visors of co�mtics wherein no purchasing agent was employed vras not sub; to the infcrerxe that a purchasing &gene %-as required to annually Ex sud air in counties wherein such ofracet was employed. In 1947 the Political Code sections were substant:Ay incorporated Government Code. nus, the pertinent put of Political Cade Semon 4043 u Section 254$4,of the Government Gude, and now reads is furl c", — ' Skaa. 39453 ArroliNTY GLNT_R.&L'S G?a"ONS �a alk}'css•.;ar} wl i h docs not exnap,:, : PZchjki,inc s,grmt,ti:r Dated ti, or par ;h+:e rriatc:ixls and r•,—,!ice from &Z It ix, -C: Clan-:, in :'A]! aatuuaLr fix else : r aa-wlF,ch 11c tv_tt,x -W'tl be s:rpIitd with L:,c i:k;c-est of th, a uE,C coloration [}:at its needs x prindjmF ask.-', blank b; -b s , , a.'l2ae board shzll' s_a.3 fa the prate of a -D care �.sLtnces nus' rcqutre and MST wLl prtxaks. - c4"ut� a:+ettisiag" - A newspaper of great circulation a•i11 p:cs•,rmabl; carr; nn;itx ro a latgtr seg - The pcnizm parr of Sca;on 4041.13 of the Po:i6aJ C 24 bccu= Sect;on trent of tfkr pubiic and a grMer number of prosprcei+r supplier's xod pt -,:sons in. :50: of the Govetnment, which section now reads as follows: :ereste.i Fn the content of the notice. This, however, it not nzi:=ixily so, and we °'Whcnevet the board of super, isors cmploy-s a •parthasing a.gcnt it arc of 6, c opinion that mere numerical superiority in the rnarter of circulation does shall riot be necessary for it to advertise for bids for frsntshing county not commend one new-spa?er to the exclusion of others. The determination of this supplies as required in Section 25480, with the exception of sdstrtis::;g® question is Lrgely one for the purchasing agent charged with proaaing adverrisirxg In Section 2 of the Government Code the Tai for coaaraction is stated as w.•aLxu a view of whether or not reasonable notice may be given. We bet;rve it would i VWS: be arbitrary and tancamount to an abuse of discretion to fall to cotas'Fdet the clrcu- "he provisions of this code, in so fzr :s alley are st1>!,rAzti2By the lation of a newspaper. At the s=e time we believe a+aat the question of tircttladon same m existing statutory provisions relating -to she == ;ubfca =a:ttt alone cannot be determirutive. It is likely that s standard rnight be set by the shall be eom caved as restatements and -ContinuaziotFs, and -not as nei Par --chasing agent in his findiag that a, particular newspaper has a arbstantial and ensciatreturs i S reasonable coverage for the paspose contemplated by the advertisement, but less We are of the opinion that the provisions non.• ax-+pcaring in the Govitrrsnent i than anazhcr newspaper published within the county. We beliere Slut dh off_tcrr mean no more and no less than. and are rn ;x tvostrtaed the same as, the c'+au'.d consider all se_n•ices offered bk the several nc-%-s apers and tfust his dctu- issner provisions in the political Cade. minanan in selectia,G�srtirulat news r�cr is proper in the event substantial as Accordingly, in reply to )our fast questions, we lclieve that the purcl•.: sing i distin fished from cert tol:ca no:kce iS gn+_en. ne rna}' fns the prices for coLnry advertising and that such price may, but need i In xhe event the purchasing agent fixes s price for advertising in ne++•sra; ccs be famed aa;n zVy. In this cotmcc'tiot%, :we are of slat opinion that the pt rchzsinb of luted circulation, and such price is arbitrary and unfair with respect to advd. nt may, in his sound discretion, fix t4+e price or may otherwise negotiate for tFsements in rxuspapera of grcattr circulation, it may be that the fixitsg of such t Fs::ch2w of county sdverzis'sng, as nerd and circrrnstaoccs require, and in a price is an abuu of discretion with respect to the placement of adcerriscmczts urns= consistent with his Emcral powers and dueler i which in their nature require ,greater dust nination thane cam be had for the c>txb• i Your second question is p.-edicatcd oz zbt st,p;.:�si:ion thAt a p:udiasirg agcae Iisrcd price. Whether or not the proposed advwr rent requires greater cs�.L.ion required to fix the price. In our opinion, Lake r..a to of price fixing is disacticn2s is a tnarter, at Inst in the Pint insance, for the purchasing agent to dctcrm int #ith the purchasing officer. In such cases, hour+cr, at agree with your observation According to his own good business judgment, : ar use any p:oicr rncarts or infomwbon at his disposal since no pro- 7bc a:sorer to your fourth question is containe+I in part in o= reply TO your ^lure is p:esctibcd by the Code. W e also cor+rur in your o'...cxvation tlut jc pur• third question. R'e can imagine situat,oris "here acccpta.occ of the .o�c,t bid usmg aEcrit rax}' nrqucst gaotations rv_ n variows rlcwspapers of general ciao:• without regard to other services oac.c-d b}' take successful bidder might be :r. abuse ;tion 1+ublis ktd a :thin the count} end run.}' estahlisiu L#se price acaud ng ro his of dis<ret;on and a fraud�rF the count:. We think it not ok.ly prolvi but f radrnt i ridings. In this conntt tion, est l<Iieve that take putchssing agent may Iadcfully to consider the matter of circulation, together with the otbcr �:+;.ca offe-red by � 'fe: to recognized price or cos; indice; a.nd adju�%t t)se prier from time to time if, l competing, though higher, bidders. Of umessiry, the mance must rest within the sound discretion of tilt urc}tasin agent in the rformanncc of his du Th ' Ills judgmtrut, such action is ti .rranxed, p $ Se P't duty. us, in Y Arasw•ering goux third question, we axe of aic opinion haat a purchzsing agent C}r v. 7- bier, 83 A CA. 43, the court stated as fol;ows (p. 47) : rc�:;red to consider the amo,nt of circr.:lat C n of clxr a cw•spsfxr_w•lxn c c=' _ ", • . In a given city, there nuay be two newspapers of general Birt . thence to be rstzb!ishedor when lcttinga tv_ntma far �tuclasse of a'•rrtisin�e tion, one a daily with x tremendous circulation, the or, a t+-rCaly with a es i3ue of ublic notice ted,-estrmrnr in neer-r,•:::t-ers of -L-2c -._.Y_. O _ t_- t ;'cry scull circuiarion While the latter might be able to a-+cblish Ic �-r` "------ gni ,t Kral circulation k most obviourThrr. vrwrdure==nDbtes communication of notices much cheaper Ll= the former, it would be far more in the its. s elle nor to the 3',blit gcntmny as well. as to persons Pini ky interested in � trrests of the ubUc thane the city's le zl notices be ublished in �e ? � P t3' g P 17 -Ft b �ci tnartet. The gen, public is givra ziotie� =ong stasons, in of larger circulation. At Iwo in awarding a conazict, the ti:y cottner'l. da that it may be cogr.irsnt of the aaah of bwiam ch r�rd m alae ariministra• should be pamirwd to -weigh that consideation sg2l= the xt -r � " of pa brie officials indie i�ivais particttLuIy iratr•rxstt�in alas ssxbjat snaarr are cost, zod tan Jess the council abuses its diwxcrioq its dctcmttituntxots Sam. '.`,i. LScd in order that ahcy rrbay auppI-y ac:.:s•ktz ac Xaazcts:ls int Leat_ pillk ecrpora• stand" CITY coUNCK , WALTER KATNICH, Mayor I JAMES A. MCCARTY, Mayor Pro Yem CITY OF i RICHARD L. HUGHES CITY PiALL, 221 %VEST PtN1 STREET ROBERT Gd MURP14Y i.ODI, CALIFORNIA 95240 JAMES W. PINKERTON, Jr. (209) 334-5634 February 13, 1981 Lodi. Life and Tames 1717 S. Stockton Lodi, CA 95240 Gentlemen; HENRY A. CLAVES, Jr. City Manager ALICE M. REIMCHE City CIeek RONALD Pi. STEIN City Attorney Please be advised that the Lodi City Council at its regular meeting of February 4, 1981 adopted Resolution No. 81-7 awarding the contract for legal advertising for the City of Lodz, a certified copy of which is attached hereto. The City Council designated both the Lodi Life and Times and the Lodi News Sentinel as the newspapers of Record for the City of Loal, w ere y a Public Hearing Notices will be published in the Lodz News Sentinel and all legal advertising calling forbids and the pu kation a adopted Ordinances will be published in the Lodi Life and Times. Your charges for the legal advertisements calling for bads and the publication of adopted Ordinances will be as set forth in your bid as follows: ao Price per column inch (1 inch x newspaper's standard column width) for first insertion of each advertisement $1.50 bo Price per column inch (1 inch x newspaper's standard column width) for each subsequent insertion of an advertisement $1045 ca )Price per copy of additional proofs after first three (3) no charge PAID CIRCULATION w 3700 Page 2 , Is is understood and agreed that this contract is effective as of February 4, 1981 and shall terminate on December 31, 1981; however, if mutually agreeable to all parties, the contract may be extended For one additional year, through and including December 31, 19820 Please execute and return two copies of this contract letter and retain the original for your files if yo" are in concurrence with the provisions contained therein. Very truly .yours, Alice Nie Reim he City Clerk Lodi Life and Times Attest: Alice Mo eimche City Clerk RESOLUTION No. 81.--7 RESOLUTION AWARDING THE CONTRACT FOR LEGAL ADVERTISING FOR THE CITY OF LODI '{WHEREAS, in answer to notice duly published in accordance with law and the order of this City Council, sealed bads were received and publicly opened by the City Clerk of this City on January 6, 1981 at .11:00 a.m. for the contract for legal advertis- ing For the City of Lodi as description in the specifications therefor approved by the City Council December 17, 1980; and WHEREAS, said bids have been compared, checked, and tabulated and a report thereof filed with the City Manager as follows: Bidder - Lodi Life and Times as price per column inch (1 inch x newspaper's standard column width) for first insertion of each advertisement $1..50 b. Price per column inch (1 inch x newspaper's standard column width) for each subsegrent insertion of an advertisement $1.45 C. Price per copy of additional proofs after first three (3) no charqe PAID CIRCULATION -- 3700 Bidder -- Lodi News Sentinel as Price per column inch (1 inch x newspaper's standard column width) for first insertion of each advertisement $3.50 b. Price per column inch t1 inch x newspaper's standard column width) for each subsequent .insertion of an advertisement $2.80 co Price per copy of additional proofs after first three (3) PAID CIRCULATION - 1.3,713 81-7 - I -- 0 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lodi does hereby designate the Lodi. Life and Times and the Lodi News Sentinel as the newspapers of Record for the City of Lodi; whereby all Public hearing Notices will be published in the Lodi News Sentinel and all legal advertising calling for bids and the publication of adopted Ordinances will be published in the Lodi Life and Times at the rates hereto- fore set forth. Dated: February 4, 1981 I hereby certify that Resolution No. 81--7 was passed and adopted by the City Council of the City of Lodi in a .regular meeting held February 4, 1981 by the following vote: Ayes: Councilmen - Murphy, iiughes, Pinkerton, and Katnich Noes. Councilmen - None Absent: Councilmen - None Abstain: Councilmen - McCarty &�tx_ �)) ALICE M. REIMCH E City Clerk 81-7 -2- MY COUNCIL T WALTER KATNICH, Mayou JAMES A. MCCARTY, Mayos PPO Tem RICHARD L. HUGHES CITY BALL, 221 WEST PINE STREET ROBERT G. MURP14Y JAMES W. PINKERTON, Jr. LODI, CALIFORNIA 95240 (209) 334-5634 Lodi; News Sentinel 125 Na Church Street Lodi, CA 95240 Gentlemen; February 13 , 1981. IV HENRY A. CLAVES, Jr. City Mansger ALICE M. REIMCHE City Clerf RONALD M. STEIN City Attorney Please be advised that the Lodi City Council at its regular meeting of February 4, 1981 adopted Resolution No. 81--7 awarding the contract for legal advertising for the City of Lodi, a certi- fied copy of which is attached hereto. 10 The City Council designated both the Lodi Life and Times and the Lodi News Sentinel as the newspapers of Record for the City of Lodi., whereby all Public Hearing Notices will be published in the Lodi News Sentinel and all legal advertising calling for bids and the publication of adopted Ordinances will be published in the Lodi. Life and Times Your charges for the Public Hearing Notices will be as set forth in your bid as follows: as Price per coltunn inch (1 inch x newspaper's standard column width) for first insertion of each advertisement $3.50 bo Price per column inch (l inch x newspaper's standard column width) for each subsequent insertion of an advertisement $2080 co Price per copy of additional proofs after first three (3) PAID CIRCULATION - 13,713 it is understood and agreed that this contract is effective as of February 4, 1981 and shall terminate on December 31, 1981;• however, if mutually agreeable to all parties, the contract may be extended for one additional year, through and .including December 31, 1982. P 9 PAge .. Please execute and return two copies of this contract letter and retain the original for your dies if you are in concurrence with the provisions contained therein. Very truly yours, a Alice M. Reimche City Clerk CIT UE LODI 6 4 4- 7, - 'K' WALTER J. KATNICH Accepted, Mayor LORI NEWS SENTINEL Attest, IV ALICE Cy°�-fY�C�..- By City Clerk RESOLU'T'ION NQ. 81-7 RESOLUTION AWARDING THE CONTRACT FOR LEGAL ADVERTISING FOR THE CITY OF LODI WHEREAS, in answer to notice duly published in accordance with law and the order of this City Council, sealed bids were .received and publicly opened by the City Clerk of this City on January b, 1981 at 11:00 a.m. for the contract for legal advertis- ing for the City of Lodi as description in the specifications therefor approved by the City Council December 17, 1980; and WHEREAS, said bids have been compared, checked, and tabulated and a report thereof filed with the City Manager as follows: Bidder - Lodi Life and Times as Price per column inch (1 inch x newspaper's standard column width) for first insertion of each advertisement $1,50 b. Price per column inch (1 inch x newspaper's standard column width) for each subsequent insertion of an advertisement $1.45 C. Price per copy of additional proofs after first three (3) no charge PMD CIRCULATION - 3700 Bidder - Lodi News Sentinel a. Price per column inch (l inch x newspaper's standard column width) for first insertion of each advertisement $3.50 b. Price per column inch (.1 inch x newspaper's standard column width) ,for each subsequent insertion of an advertisement $2.80 C. Price per copy of additional proofs after first three (3) PAID CIRCULATION - 13,713 81-7 --1- NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lodi does hereby designate the Lodi Life and Tames and the Lodi Mews Sentinel as the newspapers of Record for the City of Lodi; whereby all Public Hearing Notices will be published in the Lodi. News Sentinel and all legal advertising calling for bids and the publication of adopted Ordinances will be published in the Lodi Life and Times at the rates hereto- fore set forth Bated-. February 4, 1981 1 hereby certify that Resolution No. 81--7 was passed and adopted by the City Council of the City of Lodi. in a regular meeting held February 4, 1981 by the following Grote: Ayes: Councilmen - Murphy, Hughes, Pinkerton, and Katnich Noes- Councilmen - None Absent° Councilmen - None Abstain: Councilmen - McCarty ALICE M. REIMCHE City Clerk 81-7 -2-