CITY MANAGER' S REPORT ITEM 4. 7
UNE 13, 2022 CITY COUNCIL REGULAR MEETING
ITEM: AWARD AGREEMENT TO MANTECA BULLETIN FOR
PUBLICATION OF LEGAL ADVERTISEMENTS
RECOMMENDATION: Adopt Resolution Awarding Agreement to the Manteca Bulletin for Publication of Legal
Advertisements for the Period of .7uly 1, 2022
through 7une 30, 2023
SUMMARY:
In accordance with Public Contract Code Section 20169, annually, before the beginning of the fiscal year in cities where there is more than one newspaper of general circulation, a notice inviting bid proposals and agreement for the publication of legal notices is required to be published in such a newspaper. The contract shall include the printing and publishing of all such legal notices during the fiscal year.
If there is only one such newspaper, the legislative body may contract with it without advertising for bids. However, there is no such newspaper operating directly within the City of Lathrop and staff relies on nearby adjudicated newspapers of general circulation to bid on the agreement yearly.
BACKGROUND:
Currently, the City of Lathrop is utilizing the legal advertising services of the Manteca Bulletin as the newspaper of general circulation, pursuant to Resolution No. 21- 4886.
On May 20 and May 25, 2022, a notice inviting bid proposals was published in the Manteca Bulletin, requiring a response by 2: 00 p. m. on June 2, 2022, to the Office of the City Clerk. Included in the bid packet was a sample legal advertisement that each company was to price and return based on their costs. The City Clerk received one bid proposal as outlined below.
ANALYSIS:
Generally, public notices required by various City and State laws must be published in a " newspaper of general circulation." The Manteca Bulletin, the only newspaper that provided a proposal has been adjudicated as a newspaper of general circulation within San Joaquin County.
Case law indicates that the City Council has the discretion to award the legal advertising agreement based on a totality of factors, including price, circulation, and publication dates. As noted in the table below, the Manteca Bulletin was the only bid proposal received and meets all the minimum requirements. Additionally, the Manteca Bulletin has been a consistent bidder throughout past fiscal years.
CITY MANAGER' S REPORT PAGE 2
UNE 13, 2022 CITY COUNCIL REGULAR MEETING
AGREEMENT FOR PUBLICATION OF LEGAL ADVERTISEMENTS FOR FY 22- 23 Newspaper Price Total Price Total Lead time Publication Circulation per Lines of per Cost for for days
line Sample Ad column Sample publication
Subscribers
inch Ad
Manteca 1. 58 57 Lines $ 81. 00 $ 90. 00 Two ( 2) Tuesday - 87 Lathrop Bulletin of sample print Business Saturday; paper subs
ad) 9. 00 Days No Holidays only
online Minimum 4, 000 Total
Paper &
5, 463
Online
REASON FOR RECOMMENDATION:
The City has been consistently doing business with the Manteca Bulletin for the last eight ( 8) fiscal years. The proposal submitted by the Manteca Bulletin will continue to meet the needs of the City. Additionally, the Manteca Bulletin has provided consistent quality customer service.
However, it is important to note there were two significant changes in this year' s proposal in comparison to previous fiscal years:
Due to COVID- 19, Mondays are no longer a publication day since 2021; and Due to the increase in online subscriptions, The Manteca Bulletin paper copy circulation decreased significantly:
o FY 20- 21 - Total circulation was 6, 400 / Lathrop circulation 384 o FY 21- 22 - Total circulation was 4, 000 / Lathrop circulation is 150 o FY 22- 23 - Total circulation is 3, 300 / Lathrop circulation is 87 The Manteca Bulletin has maintained reasonable publication fees, and prices from FY 21- 22 to FY 22- 23 remained consistent. Therefore, stafF recommends Council approval of the agreement with the Manteca Bulletin for publication of legal advertisements for the period of July 1, 2022 through June 30, 2023.
FISCAL IMPACT:
Funds for legal advertising in FY 2022- 23 are included as an estimate in the new fiscal budget based on prior year expense trends. Legal notices related to private and developer projects are requested for reimbursement from related developer accounts or as a one- time payment from private entities.
ATTACH M E NTS:
A. Resolution Awarding Agreement for Publication of Legal Advertisements B. Copy of Proposal Received by Manteca Bulletin
C. Agreement with Manteca Bulletin
CITY MANAGER' S REPORT PAGE 3
JUNE 13, 2022 CITY COUNCIL REGULAR MEETING
AGREEMENT FOR PUBLICATION OF LEGAL ADVERTISEMENTS FOR FY 22- 23 APPROVALS:
T resa Vargas Date
overnment Services Director /
City Clerk
o.
Cari Date
Financ irector
7 Z0 - Z
Salvador Navarrete Date
City Attorney
o • 8• 2-
St phen ]. Salvatore Date
City Manager
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP AWARDING
AGREEMENT FOR PUBLICATION OF LEGAL ADVERTISEMENTS TO THE MANTECA BULLETIN FOR THE PERIOD OF 7ULY 1, 2022 THROUGH JUNE 30, 2023
WHEREAS, a notice inviting bids was published in the Manteca Bulletin, the current newspaper of general circulation, requiring a response by 2: 00 p. m. on ) une 2, 2022; and
WHEREAS, the City received one bid proposal from the Manteca Bulletin; and WHEREAS, City staff recommends approval of the bid proposal submitted by the Manteca Bulletin as the bid proposal continues to meet the needs of the City based on its cumulative considerations of price and lead time for publications; and WHEREAS, the Manteca Bulletin has been adjudicated within San Joaquin County as a newspaper of general circulation.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby finds that the bid proposal submitted by the Manteca Bulletin continues to meet the needs of the City for legal advertising services for period of July 1, 2022 through June 30, 2023; and
BE IT FURTHER RESOLVED that the City Council awards an agreement to the Manteca Bulletin for legal advertising services for said period.
PASSED AND ADOPTED this 13th day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. 22-
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Price per column lnch m d
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Cost to pubilsh " Attachment A" U
Day( s) of week pubilshed Mon s ds f fFiurs t Sun
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Requfred lead time for publication G(![ 11 1 1G'- C) lr/ 1 G"CdExample of lead tlme; For publfcatlon on July 15, 022 ( or your publishing day nearest), copy of notice wou/ d be requlred to be submltted no later than li1J CX/ J
day, time, date)
Lead time for retractions vr corrections ` G J L
City of Lathrop circulatfon
Totai circulation
Proposal submitted by: Z "". 2""'
Date
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Company Name
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Address, Cfty, State and Zip Code
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ATTACH M E NT A"
SAMPLE LEGAL AD)
CITY OF LATHROP
PUBLIC HEARING NOTICE
Notice is hereby given that the Cfty of Lathrop City Councll wll) hold a Public Hearing at thefr next Regular Meeting to consfder the following marter. Sald meeting wlll be held at 7: 00 p. m., Monday, August 15, 2022, City Hali Counc(I Chamber, 390 Towne Centre Dr,, Lathrop, CA, and virtually; as noticed by the City, All persons having an Interest in this matter are invited to be present to testify in person, or to submit statements in person at the meeting or in writing prior to the hearing, PUBLIC HEARiNG ( PUBLISHED NOTICE) TO CONSIDER AN ORDINANCE AMENDING TITLE 10, CHAPTER 10. 24, SECTION 10, 24. 030 DESIGNATED NO PARKYNG AREAS
OF THE LATHROP MUNICIPA CODE
Council to Consider the Following:
1, Hold a Public Hearing; and
2, Introduction and Flrst Reading of an Ordinance of the Cfty Council of the City of Lathrop to Consider Amending Title 10, Chapter 10. 24, Section 10, 24. 030 Designated No Parking Areas of the Lathrop Municipal Code If you challenge any decision of the City Council in court, you may be limited to ra(sing only those issues you or someone else ralsed at the meeting descrlbed in this notice, or in written correspondence delivered to the City Councfi at, or prior to, the meeting,
In compliance with the Americans with Disabllitles Act, if you need special assistance to partic( pate in this meeting, please cail ( 209) 941- 7230. Notif(catlon 48 hours prlor to the meet(ng wiil enable the City to make reasonable arrangements to ensure accessibility.
For more information, contact the Publ(c Works Development Department, 390 Towne Centre Drive, Lathrop, CA 95330, Phone: ( Z09) 941- 7430. Fax: ( 209) 941- 7449, Email; website wkCa ci. lathron,ca•. s, TERESA VARGAS - CITY CLERK OF THE CI7Y OF LATHROP
ATTACHMWTA"
SAMPL! Ll6A1. AD)
GTY OP LATHROP- PUBLIC HEAl11N0
NOTKE
Nodce Is hereby qlven that the Clty of
laihiop City Councll wAI hdd a Publlc
Haaring et thNr next Regular Meeting to
conslder the lodowlny matter, 5ald
meeting adll6e held at 7W0 p.m.,
Mood r, Auyu l7S, 2o22CiryHali
Councll Chambar, 390 7owne Centre Dr,
Lathrop, CA, nd vlrtuelly; as noticed by
thQ Cfty, All perwns havlaq an Intorost
in lhls m tter are lovhed to be preseni
to 1pstl( y In pQrson, or to submil
statementa In person at the meetln9 or
In wrltlnp prlor to the hearinp,
PUBLIC HEARING( PUBLISHED N0T10E)
TO CONSI R AN ORDINANCE
AMENOING TRI. E 10, CHAP7ER 10. 24,
sactlon IU, 74.030 DESIGNATEO NO
PApKING ANEAS OF TFiE LA7HROA
MUPNGIPAL CODE
Counctl to Conslder the Followtng:
i. Hold PubAc Nearing; and
7. In[ roduclion and Flnt Reading oI an
Ordfnanca of the Clty Councll of the Clty
ol lathrop o Conslder Amending Tlde
10, Ch pter 10. 24, Settlon 10. 24. 030
Deslgnated No Parklnq Areas of the
lathrop Munlctp l Code
1( you challenpe any declslon o( the Clty
Coundl I courc, You may be Ilmked to
ralslnp only those Issues you a
someone else rolsed at Ihe meeting
descrlbed In this notice, w In wrltten
carespondence delivered to the Glty
Coundl at, or prla to, tha meetlnq.
In compllance with lhe Ameriuns wl h
DIs blAties AcL{ f you need apxlal
assl tence to particlpate In thls maeting,
please call 209) 941• 7230. NotlOwtlon
ae hours prlor to the meating wlll
enebte Ihe Clty to make roasonabie
arrangements to onsuro accesslbllfty.
Fw mvre Infwmatbr, contact the publlc
Waks Devefopment Department, 390
Townv Ctntro Drive, Latluop, CA 95330.
Phone;( 209) 941- 1430, fax;( 209)
941• 7449, or E- mall:
vebslle owkppjl. lathrnn. ca, us
TERESA VAROAS, CRY CLERK, CITY Oi
LATHNOP
ruWkaUon pate;
MB;I Sampla Ltgal Ad
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N C ITY O F LAT H RO P
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AGREEMENT FOR PUBLICATION OF LEGAL NOTICES
THIS AGREEMENT is between the City of Lathrop, a municipal corporation of the State of California ( City), and the Manteca Bulletin, a newspaper of general circulation, as defined in Section 6008 of the Government Code.
RECITALS
The City requires the services of a newspaper of general circulation for the purpose of publishing legal notices.
THEREFORE, the City and the Manteca Bulletin agree as follows:
1. Independent Contractor Status: The Manteca Bulletin is an independent contractor. Nothing in this agreement shall, in any way, be construed to mean that the Manteca Bulletin any of its agents or employees are agents, employees or representatives of the City.
2. Services to be Provided: The Manteca Bulletin shall provide services in connection with publishing legal notices for the City as specified in the attached proposal ( Exhibit A). In addition, it is further agreed that the Manteca Bulletin will provide proof of each notice for approval by the City Clerk' s Office or Planning Division prior to publication.
It shall be noted that this is a non- exclusive contract and the City retains the right to publish in other local newspapers as deemed necessary and advisable.
3. Termination: The City and the Manteca Bulletin agree that the City may terminate this Agreement at any time before the normal expiration of the term by giving thirty ( 30) days written notice.
4. Assignment: The Manteca Bulletin shall not assign this contract or any portion thereof without express written approval of the City.
5. Term: The term of this agreement shall commence July 1, 2022 or upon acceptance of this agreement by both parties, whichever is later, and shall terminate at the end of the fiscal year, June 30, 2023.
6. P ment: The Manteca Bulletin billing to the City shall contain the legal notice number, date published, number of lines, and cost per line as specified in attached Exhibit A.
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CITY O F LATH RO P ry
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7. Billing statements shall be submitted to:
Teresa Vargas
Government Services Director / City Clerk
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Correspondence/ notices regarding this agreement should be directed to:
Teresa Vargas, City Clerk Liz Mora, Representative
Government Services Director Legal Advertising
City of Lathrop Manteca Bulletin
390 Towne Centre Drive 531 E. Yosemite Avenue
Lathrop, CA 95330 Manteca, CA 95336
Approved as to Form: City of Lathrop, City Attorney
Salvador Navarrete Date
Accepted by: City of Lathrop, City Manager
Stephen J. Salvatore Date
Attested by: City of Lathrop, City Clerk
Teresa Vargas Date
Contractor: Manteca Bulletin, Legal Advertising Representative Name, Title Date
Signature