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HomeMy WebLinkAboutC-1127 - Legal publicationsI- � f THS z em 6/907 (6) Ili CONTRACT 2 3 THIS AGREEMENT, made and entered into this 28th day 41 of June, 1967, by and b.,tween the.CITY OF NEWPORT BEACH, herein - 5 after referred to as "Cite " d A n.ronvm y an �h 9A89n8 JNI TQN 6 hereinafter referred to as "Newspaper "; 7i WHEREAS, Section 419_,of the City Charter requires the 8li City Council annually prior to the beginning of each fiscal year i 91 to publish a notice inviting bids and contract for the publication 1Oi of all legal notices or other matter required to be published in lli a newspaper of general circulation in the City during the ensuing 12„ fiscal year; and 13.11 i WHEREAS, said notice was published and bids were I 1411 received in accordance therewith; and 1511 WHEREAS, the City Council upon analysis of the bids 1671 received has made an award for the publication as aforesaid in the 171! fiscal year beginning July 1, 1967; and 18I WHEREAS, Newspaper was the successful bidder for said I 19I� publication; j 20' NOW, THEREFORE, the parties agree: 21i 1. Newspaper agrees to publish all legal notices of 22� City and other matter required to be published for the fiscal year 23II beginning July 1, 1967. The rates for said publication are as l 24;; follows, which are not in excess of the customary rates charged 25 26 27 28 29 30 31 32. by Newspaper for the publication of legal notices of a private character: $1.00 per column inch for all publications based on setting legal notices in 8 -point type on 8 -point body at C- spacing on VariTyper. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27, 28, 29 301 31 32 *:: s 2. City agrees to submit to Newspaper all legal notices and other matter required to be published during said fiscal year. 3. City agrees to pay Newspaper for said publication in accordance with the schedule hereinabove set out. 4. In the event that Newspaper for any reason is unable to make timely publication of any legal notice or other matter re- quired to be published during the term of this contract, City may submit such matter to any other newspaper or newspapers qualified to publish such matters for the City during the term hereof. Such determination shall be at the discretion of City. IN WITNESS WHEREOF, the parties have executed this agreement as of the day and year first above written. APPWVED AS TO FORM: Tully Seym9fr City dt-orneV 2. CITY OF NEWPORT BEACH ByC Mayor Attest: i ; Vy G erT- CITY By By %11C{ NEWSPAPER 6/9 1 2 3 4 5, 6 7 8 9 10j 11 12i 13j 1411 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 seas 67 (12) 3 3 �•` :t.UTIi)A tits. 6583 A RESGi..UT161v Qi Ta ZI41 COUMU OF, THE Y CF 1X'r f 1' BEACH .&,;ARD- I". G A. CONTRACT OR lW 1'`TBLL;ATWii OF Ts;;s %. hib2lCEw i1J G'tt'3�.s PfAi`FIs?2 e %SIf <idH:ilirG X QX- FiZIAL WWSkAkLit FOR t ti .i :: t lG+Ii GF NoTiCiLs WHWEAS, Sect.�.on 419 of the -City Charter provides that the City Council shall publish a notice iuvizan,g bids and zQutr&ct for the pub1leati.on of legal notices and other matter required to Sa published in a newspaper os general. circulation in the City r ins the ensuing '.local year t anci WIMA&A3, the 0wty €: 11 has published such Mica and basis have beau reeeivod in accordance therewita; and w " "cfi RLAS, the City Cecil !'rats analysad said Adds and deZez=ned to make the award as hereinafter provided; FYows '1W "rtiFAE, BE ii "SOLVED that the bid of xre pM.n rm YAg8 be accepted and that the Mayor and City Clark be and hereby are authorized and directed to execute a contract in aecordauce with this award. for the fiscal year begivnint July 1, 1967. BE Ii FURMR RESOLUD that niF gpop.T, NAgnng is hereby designated the official newspaper tor the publicatiou of legal notices and other matter required to be published for the fiscal year beginning July 1, 1967. AWMD this :+ clay of June, 1%7. Mayor Pm Tem AArUST so .� er 0 TO: Finance Director FROM: City Clerk SUBJECT: Contract Contract No. C -1127 Date September 26, 1967 Authorized by Resolution No. 6583 , adopted on June 26, 1967 Date Mayor and City Clerk executed Contract June 28, 1967 Effective date of Contract July 1, 1967 Contract with The Newport Harbor Ensign Address 2721 East Coast Highway Corona del Mar, Calif. Brief description of Contract Legal publications Amount of Contract $1.00 per column inch for all publications based on senign legs n cold e a 8-poi nt type on 8 -point body at C- spacing on VariTyper. City Clerk Mr, Arvo Heap& Newport Harber. Ensign 2721 East Coast Highway Corona del .Mar, California Dear. Mr, Haspai Enclosed is an executed copy of the. contract between the Newport Harbor Ensign and the City of Newport Beach for the publk ,gWon of legal notices and other matter required to be published. Very truly your@. Laura L&Sios City Clerk City of Newport Beach 4SK Encl. 3� I CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER JUNE 26, 1967 TO: CITY COUNCIL FROM: CITY MANAGER SUBJECT: ANALYSIS OF LEGAL ADVERTISING BIDS FOR FISCAL YEAR 1967 -68 AT THE JUNE 12 COUNCIL MEETING BIDS TO PUBLISH THE CITY'S LEGAL ADVERTISING FOR FISCAL YEAR 1967 -68 WERE RECEIVED FROM THE ORANGE COAST DAILY PILOT AND THE NEWPORT HARBOR ENSIGN. THE COUNCIL REFERRED THESE BIDS TO THE STAFF FOR ANALYSIS AND REPORT FOR THE JUNE 26 MEETING. THE NEWPORT HARBOR ENSIGN SUBMITTED THE LOW BID AT $1.00 PER COLUMN INCH. THE DAILY PILOT BID WAS BROKEN DOWN INTO TWO SEPARATE FIGURES - $2.77 PER COLUMN INCH FOR FIRST PUBLICATION OF LEGAL NOTICES AND $2.15 FOR REPEAT PUBLICATIONS. CONSIDERING THE TYPE SIZE DIFFERENTIAL AND THE FACT THAT APPROXIMATELY 95% OF THE CITY'S LEGAL ADVERTISING IS FOR THE FIRST PUBLICATION OF LEGAL NOTICES, THE EFFECTIVE OVERALL BID RATE FOR THE DAILY PILOT IS $2.05 PER COLUMN INCH. IN ADDITION TO NET COST PER COLUMN INCH, IT IS WELL TO CONSIDER CIRCULATION AND READERSHIP. THE ENSIGN HAS A PAID CIRCULATION IN NEWPORT BEACH OF APPROXIMATELY 4,000. FOR THE HARBOR AREA THE ENSIGN CIRCULATION IS APPROXIMATELY 4,4o0. THE DAILY PILOT HAS A NEWPORT BEACH CIRCULATION OF APPROXIMATELY 10,300. THEIR HARBOR AREA CIRCULATION FIGURE IS APPROXIMATELY 30,200. TAKING THIS INTO CONSIDERATION, THE COST PER 1,000 PAID COPIES DISTRIBUTED IS BROKEN DOWN AS FOLLOWS. IN NEWPORT BEACH THE ENSIGN RATE IS #.25 PER 11000 AND THE PILOT RATE IS $.199 PER 11000. IN THE NEWPORT HARBOR AREA THE COST FIGURES ARE REDUCED TO $.227 PER 1,000 FOR THE ENSIGN AND $.068 PER 1,000 FOR THE DAILY PILOT. ON A CIRCULATION BASIS, THERE- FORE, THE DAILY PILOT APPEARS TO BE THE LOW BIDDER. ON THE ASSUMPTION THAT THE VOLUME OF THE CITY'S LEGAL ADVERTISING WILL REMAIN THE SAME FOR FISCAL YEAR 1967 -68 AS IT WAS IN 1966 -67, THE PROBABLE COST TO THE CITY FOR THIS SERVICE NEXT YEAR WOULD BE APPROXIMATELY $2,340 WITH THE ENSIGN OR $4,790 WITH THE DAILY PILOT. THE DIFFERENCE OF $2,450 COULD BE CONSIDERED THE AMOUNT NECESSARY TO REALIZE ADDITIONAL CIRCULATION AND READERSHIP IN THE AREA. ALTHOUGH IT IS DIFFICULT TO MEASURE THE VALUE OF THIS INTANGIBLE BENEFIT, EXPANDED CIRCULATION AND READERSHIP COULD SAVE THE CITY MONEY IN THE LONG RUN, PARTICULARLY IF A SIGNIFICANTLY LOWER BID WERE RECEIVED ON A PUBLIC WORKS CONTRACT AS A RESULT OF THE EXPANDED CIRCULATION AND READERSHIP THAT WOULD BE REALIZED BY PLACING THE CITY'S LEGAL ADVERTISING IN THE DAILY PILOT. THE VALUE OF THIS CIRCULATION SHOULD BE TAKEN INTO CONSIDERATION IN ARRIVING AT A DECISION AS TO WHICH NEWSPAPER SHOULD PUBLISH THE CITY'S LEGAL ADVERTISING DURING FISCAL 1967 -68. ANOTHER ASPECT OF THIS MATTER HAS TO DO WITH THE PUBLICATION SCHEDULES OF THE TWO NEWSPAPERS. THE MUNICIPAL CODE REQUIRES THAT ALL PUBLIC NOTICES MUST BE PUBLISHED A MINIMUM OF TEN DAYS PRIOR TO A PUBLIC HEARING. THE PLANNING DEPARTMENT MUST NOW REQUIRE APPLICANTS WHO ARE SEEKING USE PERMITS AND VARIANCES TO FILE THEIR APPLICATIONS A MINIMUM OF EIGHTEEN DAYS PRIOR TO A PUBLIC HEARING IN ORDER FOR THE NOTICES TO BE PREPARED IN TIME TO MEET THE PUBLICATION DEADLINES OF THE WEEKLY NEWPORT HARBOR ENSIGN. THIS OFTEN POSES A GREAT INCONVENIENCE TO THE PUBLIC AND UNDER THE EXISTING ARRANGEMENT NOTHING CAN BE DONE TO ACCOMMODATE THE APPLI- CANT IN A LESSER PERIOD, EVEN IN CASES WHERE THE APPLICATION IS OF AN EMERGENCY NATURE. -2- FOR EXAMPLE, IF A QUICK DECISION NEEDS TO BE DECIDED BY THE PLANNING COMMISSION IN INSTANCES OF ON -GOING BUILDING ACTIVITY, IT IS IMPOSSIBLE TO CON- SIDER THE MATTER IN MUCH LESS THAN THREE WEEKS DUE TO THE INABILITY OF THE CITY TO HAVE THE MATTER PUBLISHED IN ADVANCE OF THE WEEKLY THURSDAY NEWSPAPER PUBLI- CATION DATE. IF A DAILY NEWSPAPER WERE USEDO IT WOULD BE POSSIBLE TO ACCEPT APPLICATIONS WITHIN ELEVEN DAYS OF THE PLANNING COMMISSION MEETINGS RATHER THAN THE EIGHTEEN DAY REQUIREMENT UNDER THE EXISTING ARRANGEMENT. THERE ARE ALSO FREQUENT PROBLEMS IN THE PUBLIC WORKS DEPARTMENT RELATING TO THE SCHEDULING OF PUBLIC WORKS CONTRACTS TO COINCIDE WITH THE WEEKLY.ADVER- TISING DEADLINES, THIS OFTEN RESULTS IN A DELAY IN THE DATE CONTRACTS ARE AWARDED. WHILE THIS DOES NOT IMPOSE A GREAT INCONVENIENCE ON MOST PUBLIC WORKS CONTRACTSO IT DOES OCCASIONALLY CREATE AN INCONVENIENCE IF A PUBLICATION DEAD- LINE IS MISSED AND A TWO WEEK DELAY 13 NECESSITATED ON PUBLIC WORKS CONTRACTS OF A MORE IMMEDIATE NATURE. THE CITY CLERK ALSO IS FREQUENTLY REQUIRED TO HAVE COPY PREPARED AND READY TO BE SUBMITTED TO THE NEWPORT HARBOR ENSIGN NEWSPAPER TO MEET THEIR TUESDAY MORNING DEADLINE. THIS OFTEN POSES AN INCONVENIENCE, PARTICULARLY WHEN AGENDA MATTERS FROM THE PREVIOUS EVENING'S COUNCIL MEETINGO SUCH AS PUBLIC WORKS CONTRACT INFORMATION AND PUBLIC HEARING INFORMATION, MUST BE SUBMITTED THE FOLLOWING MORNING FOR PUBLICATION. BETWEEN 1955 -56 AND 1963 -64 THERE WAS AN ANNUAL ROTATION BETWEEN THE TWO NEWSPAPERS FOR THE CITY'S LEGAL ADVERTISING. THE DAILY PILOT WAS AWARDED TWO CONSECUTIVE ANNUAL CONTRACTS FOR 1963 -64 AND 1964 -65 AND THE ENSIGN HAS HAD THE CONTRACT FOR THE LAST TWO YEARS. HARVEY L. HURLBURT HLH /JPD /LDG THE HARBOR ARC�A'c ONLY LOCALLY•OWNED,INDEPO DENT NEWSPAPER PUBLISHED THURSDAY ARVO E. HAAPA Publisher iYii►� .. /�' LOCAL NEWS ADVERTISING PRINTING 2721 E. COAST HIGHWAY CORONA DEL MAR, CALIFORNIA TELEPHONEt 673.0530 June 122 1967 City Council of Newport Beach Newport Beach, Calif. Dear Council Members, The Newport Harbor Lnsign submits the followin, bid for the publication and printing of all legal notices, or other material, required to be published in a newspaper of general circulation published and circulated in the City of Newport beach, for the fiscal year ending June 30, 1968. $1.00 per column inch for all publications. This bid is based on setting legal notices in 8 -point type on 8 -point body, at C-snspacing on VariTyper. ARVO E. HAAPA Owner and publisher LS The Official Newspaper of the City of Newport Beach x To: City Clerk From: City. Attorney Subject: Contract for publieation;of legal no t ices = Forwarded is a proposed contract far the publication of legal notices and other matter for the Cityy for the fiscal year beginningg July 1 1967, together with a" resolution which, if adopted by.the City Council, wilVauthorize,.its-execution and designate the official nevspaper for the pablication.of such notices. It would be in order to present' "t a ocumeats to l the City Council for consideration'ifter` they have rev eyed s the bids submitted and have 'determined to award the contract. You will-note that the name of the newspaper so selected should be inserted in both documents, and the schedule of rates.should be inserted in the contrast as indicated, .Tally W. Seymour - City Attorney ' THS:aem Atts. cc - Ci ty.Manager �- Finance Director Jane 9,.1967 > f • be received b�V[ �r ntas will Of New y he City Council port Beach, California, at or before the hour of 7;30 'p.m. on June 12, 1967, for e .contract covering the publics. tion and printing of all Iegal noticesv or other material, re. quired to be published in a ewspaper of general circula. uon published and circulated in the City of Newport Beach the fiscal year ending June, 30,'1968. Laura Lagios City Clerk City of Newport Beach Publish; �ylay 25, 1967, in The Newport Harbor•Ensip f i7 G d f1 NOTICE INVITING BIDS Sealed proposals or bids received by the City Council of Newport Beach, California at or before the Mur of 7:30 P.M. on June 12, 1%7, for a contract ,covering overi. g the publication and printing . of all legal notices, or t other'materical, required a 0 be published in a newspaper of general circulatiqp1!published . and circulated in the City of Newport Beach fqr,the4iscal year ending June 30, 1968. City Clerk City of Newport Beach I_A__ IA-._ 19 ln4o INTY OF NEWPORT BEA Volume 20 - e 292 COUNCILMEN CURRENT BUSINESS: 1. A memorandum from the City Clerk dated May 22, 1967 regarding Board and Commission appointments Motion x was ordered filed. Ayes x x x x x x x Motion x 2 The City Clerk was instructed to publish a Notice Inviting Bids to be received at or before the hour of Ayes x x x x x x x 7:30 P. M. on June 12, 1967 for a contract covering the publishing and printing of all legal notices, or other material required to be published in a news- paper of general circulation published and circulated in the City of Newport Beach, for the fiscal year ending June 20, 1968. 3. The City Manager's proposed Annual Budget for Fiscal Year 1967 -68 was presented and public hearing on the Budget was set for June 5, 1967 at Motion x 7:30 P.M. Ayes x x x x x x x 4. A memorandum was presented from the City Attorney dated May 15, 1967 regarding a resolution clarifying the City's intention to provide Workmen's Compen- sation benefits to Reserve Police Officers. Resolution No. 6562, declaring that the Reserve Officers of the Newport Beach Police Department are deemed employees of the City for the purpose of Motion x Division 4 of the California Labor Code relating to Roll Call: Workmen's Compensation benefits, was adopted. Ayes x x x x x x x 5. A memorandum was presented from the Public Works Director dated May 22, 1967 regarding a cooperative agreement with Aeronutronic for improvements to Jamboree Road at Aeronutronic entrance. (a) Resolution No. 6563, authorizing the execution of an agreement with Aeronutronic Division of Philco -Ford Corporation for the improvement Motion x of Jamboree Road from Ford Road to Bison Roll Call: f Avenue, was adopted; and Ayes x x x x x x x Page 292 I M' } 0 Orange Coast SAY STREET and THURIN AVENUE (POST OFFICR SOX 1568) COSTA MESA, CALIFORNIA . � .. JACK R. CURLEY, 5udnar Manager - - Honorable City Council Newport Beach, California Gentlemen: OW NIMORF NARSOR June 12, 1967 In response to your invitation, we offer to publish all legal notices . and other material required to be published in a newspaper published and circulated.in the City of Newport Beach for the fiscal year ending June 30, 1968 for the following rates: First Publication Cost Per Column Inch Per Column Per 1,000 Inch.' Circulation $2.77 28C Each Subsequent Repeat . Publication of Same Notice 2.15 22C Cost per column inch per 1,000 circulation is based on 10,000 paid circulation in the City of Newport Beach. This circulation is veri- fiable in.the March, 1967 Audit Bureau of Circulations Audit Report. The only other newspaper qualified to publish the legal notices claims a weekly circulation of less than half of the audited circulation of the DAILY PILOT. This competitor's circulation is not subject to third party audit to our k:wila.'_g_. respectfully recuesi. that the Council evaluate the readership of _ha bidders on the basis or a c,st per subscriber reached. Your attention is also drawn to the fact that the larger type face used by our competitor results in more column inches for publication of the same notices, and that this factor should be evaluated when considering bids. A further advantage of using the DAILY PILOT for your publications is that the DAILY 'PILOT is.published six. days per week, and can accept legal notices on any business day for publication the following day. Your City Planning DeparUnent and'City Clerk will testify that we have published your notices where undue inconvenience would result from a weekly's publication date. T"NONE NI.On Feb11%"" by Orange CeaN .Nbilrhhlg Company N three separate edWoa, are each fw Nawpwf Snack, Coo* Mw, Natlagba Ned, CSINWI* 1 { ti I Honorable City-Council Newport Beach; California _ Page 2 June 12,1967 A bonus for the City of Newport Beach is the more than 20,000 additional circulation outside of the city limits of the City of Newport Beach. There is frequently an advantage in publication of legal notices, particularly requests for bide, where they can be read by interested parties in adjacent communities. Further, there are, as you know, many people in business in Newport Beach who live in, adjacent communities.. We sincerely believe that the city and its residents are best served by the publication of legal notices in the widely read DAILY PILOT. Yours very truly, Ntin rt Harbor News-Press c with DAILY PILOT JRC /bw Jac R. Curley Bus ness Mang M i I I