CITY MANAGER' S REPORT
ITEM 4. 3
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING
ITEM: AWARD AGREEMENT TO THE 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 July 1, 2023
through June 30, 2024
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. 22- 5084.
On May 12 and May 19, 2023, a notice inviting bid proposals was published in the Manteca Bulletin, requiring a response by 2: 00 p. m. on May 31, 2023, to the Office of the City Clerk. Included in the bid packet was a sample legal advertisement that each potential advertising company was to price and return based on their costs. The City Clerk received one bid proposal, from the Manteca Bulletin, 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
JUNE 12, 2023 CITY COUNCIL REGULAR MEETING
AGREEMENT FOR PUBLICATION OF LEGAL ADVERTISEMENTS FOR FY 23- 24 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. 64 64 Lines 94. 50 105. 00 Two ( 2) Tuesday - 90 paper Bulletin of sample print Business Saturday; subscribers ad) 10. 50 Days No Holidays registered;
online Minimum 5, 939 total
circulation
REASON FOR RECOMMENDATION:
The City has been consistently doing business with the Manteca Bulletin for the last nine ( 9) 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:
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 was 3, 300 / Lathrop circulation is 87 o FY 23- 24 - Total circulation is 5, 939 / Lathrop circulation is 90 The Manteca Bulletin has maintained reasonable publication fees, and prices from FY 22- 23 to FY 23- 24 slightly increased by six cents ($ 0. 06) per line, which is mostly consistent with prior agreements. Therefore, staff recommends City Council approval of the attached agreement with the Manteca Bulletin for publication of legal advertisements for the period of July 1, 2023 through June 30, 2024.
FISCAL IMPACT:
Funds for legal advertising in FY 2023- 24 are included as an estimate in the new Fiscal Budget for 2023- 24, based on prior year expense trends. The biennial budget is scheduled for review and approval by the City Council on June 13 & 14, 2023.
Lastly, legal notices related to private and/ or developer projects are requested for reimbursement from related developer accounts or as a one- time payment from private entities.
ATTACHMENTS:
A. Resolution Awarding Agreement for Publication of Legal Advertisements B. Copy of Proposal Received by Manteca Bulletin
C. Agreement with Manteca Bulletin for FY 23- 24
CITY MANAGER' S REPORT
TUNE 12, 2023 CITY COUNCIL REGULAR MEETING
AGREEMENT FOR PUBLICATION OF LEGAL ADVERTISEMENTS
APPROVALS:
Wi 4re sa Vargas Government Services Director / City
Clerk Finance Dyector
Salvador Navarrete
City Attorney
Ste n
J. Salvatore
City Manager c1/ lz
Date 4/
1/ A2
1 Date Date PAGE 3
FOR
FY
23-24
6- 6-zO z3
v' 715 Date
RESOLUTION NO. 23-
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 DULY 1, 2023 THROUGH JUNE 30, 2024
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 May 31, 2023; 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, 2023 through June 30, 2024; and
BE IT FURTHER RESOLVED that the City Council awards an agreement to the Manteca Bulletin for legal advertising services for said period.
The foregoing resolution was passed and adopted this 12t" day of June 2023, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Teresa Vargas, City Clerk
Sonny Dhaliwal, Mayor
APPROVED AS TO FORM:
Salvador Navarrete, City Attorney
Resolution No. 23-
a CITY OF LATHROWL
r;
R
BID PROPOSAL
Lines per column inch 6,0 (215
Price per column inch $ L) r 1 C! O Q(-
Total cost to publish " Attachment A" $
Day( s) of week published Mon I- Ges MW-e—ds UR-rurs ri Plat Sun check all that apply) A+ I
Required lead time for publication uv/ rYi
Example of lead time: For publication on July 12, 2023 ( or your publishing day nearest), copy of notice would be required to be submitted no later than day, time, date)
Lead time for retractions or corrections Uy Pm
f
City of Lathrop circulation f n' / J ) A!- f,
Separate by print and online subscribers)
Total circulation q 59
Proposal submitted by:
Date
C mpany Name
j I;)A1 - e 23
O L.r-t " d `T_ I
Phone Number
Address, City, State and Zip Code
Fax Number E- mail
ATTACHMENT 3.
Corn
Authorized ign ture
Z Y1 bQC- ICE Qa,4 v4
Printed Name & Title
MANTECA BULLETIN
P.O. BOX1958, • 531 E. YOSEMITEAVE, MANTECA,( A95336- 1958 • MAIN209- 249-3500• FAX - 209- 249- 3559 CITY OF LATHROP/ CITY CLERK Classified Insertion Order Quote Contact:
Sales Rep: MB - Liz Mora Order Date: 5/ 12/ 2023 Address:
CITY OF LATHROP/ CITY CLERK Phone: 209- 941- 7431 Order Number: 135913 390 TOWNE CENTRE DRIVE Email; tvargas@ci. lathrop. ca.us Attn:
Teresa Vargas Fax:
CA
209- 941- 7229 Tear Sheets: 1 LATHROP
95330 Advertiser
No: 150 6/
30/ 2023 6/ 30/ 2023 3 3 Quote Miscellaneous Legals 6. 5333 Inches $ 105. 00 Publications:
209M - Marketplace 209, MB - Manteca Bulletin, MB - Manteca Bulletin Online CITY OF LATHROP " ATTACHMENT A" ( SAMPLE LEGAL AD) CITY OF LATHROP PUBLIC HEARING NOTICE Notice is hereby given that the City of Lathrop City Council will hold a Public Hearing at their next Regular Meeting to consider the following matter. Said meeting will be held at 7:00 p.m., Monday, August 14, 2023, City Hall Council Chamber, 390 Towne Centre Dr., Lathrop, CA, and virtually; as noticed by the City. All persons having an interest inthis matter are invited tobe present totestify inperson, or to submit statements inperson atthe meeting orin writing prior to the hearing. PUBLIC HEARING ( PUBLISHED NOTICE) TO CONSIDER AN ORDINANCE AMENDING TITLE 10, CHAPTER 10.24, SECTION
10.24. 030 DESIGNATED NOPARKING AREAS OF THE LATHROP MUNICIPAL CODE Council to Consider the Following: 1. Hold a Public Hearing; and 2. Introduction and First Reading of an Ordinance of the City 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 incourt, you may be limited toraising only those issues you or someone else raised at the meeting described inthis notice, or in written correspondence delivered tothe City Council at, or prior to, the meeting. In compliance with the Americans with Disabilities Act, if you need special assistance toparticipate inthis meeting, please call (209) 941- 7230. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements toensure accessibility. For more information, contact the Public Works Development Department, 390 Towne Centre Drive, Lathrop, CA 95330. Phone: (209) 941- 7430. Fax: (209) 941- 7449. Email: website_ pwk@ci. lathrop.ca.us. TERESA VARGAS, MMC CITY CLERK OF THE CITY OF LATHROP Publication Date: 06/ 30/ 23 Quote Run Count: 3 Publication Count: 3 SubTotal: $ 105. 00 Total Price: $106. 00 i`
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CITY OF LATHROP
ATTACHMENTA'
SAMPLE LEGAL AD)
CRY OF LATHROP
PUBLIC HEARING NOTICE
Notice is hereby given that the City of
Lathrop City Council will hold a Public
Hearing at their next Regular Meeting to
consider the following matter. Said
meeting will be held at 700 p. m.,
Monday, August 14, 2023, City Hall
Council 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 1024. 030 DESIGNATED NO
PARKING AREAS OF THE LATHROP
MUNICIPAL CODE
Council to Consider the Following:
1. Hold a Public Hearing; and
2. Introduction and First Reading of an
Ordinance of the City Council of the City
of Lathrop to Consider Amending Title
10, Chapter 10.24, Section 1024.030
Designated No Parking Areas of the
Lathrop Municipal Code
R you challenge any decision of the City
Council in court, you may be limited to
raising only those issues you or
someone else raised at the meeting
described in this notice, or in written
correspondence delivered to the City
Council at, or prior to, the meeting.
In compliance with the Americans with
Disabilities Act, ifyou need special
assistance to participate in this meeting,
please call (209) 941- 7230. Notification
48 hours prior to the meeting will
enable the City to make reasonable
arrangements to ensure accessibility.
For more information, contact the Public
Works Development Department, 390
Towne Centre Drive, Lathrop, CA 95330.
Phone: ( 209) 941- 7430. Fax: ( 209)
941- 7449. Email:
website_ pwk@ci. lathrop. ca. us.
TERESA VARGAS, MMC
CRY CLERK OF THE CITY OF LATHROP
Publication Date: 06130/ 23
Quote
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CITY OF LATH RO P
coop
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, 2023 or upon acceptance of this agreement by both parties, whichever is later, and shall terminate at the end of the fiscal year, June 30, 2024.
6. Payment: 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.
ATTACHMENTG
CITY OF LATH RO P
7. Billing statements shall be submitted to:
Teresa Vargas, MMC
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, MMC, City Clerk
Government Services Director
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Liz Mora, Representative
Legal Advertising
Manteca Bulletin
1215 W. Center St., Suite 203
Manteca, CA 95337
Approved as to Form: City of Lathrop, City Attorney
Salvador Navarrete Date
Accepted by: City of Lathrop, City Manager
Stephen I Salvatore Date
Attested by: Government Services Director / City Clerk
Teresa Vargas Date
Contractor: 209 Multimedia Corporation - Manteca Bulletin Print Name Title
Signature Date
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