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c;cvof City Council Report
Santa Monica
City Council Meeting: June 23, 2009
Agenda Item: I"~
To: Mayor and City Council
From: Marsha Jones Moutrie, City Attorney
Subject: Awarding Bid to Publish City's Legal Notices
Recommended Action
Staff recommends that the City Council award a bid to the Santa Monica Daily Press to
publish the City's legal notices for fiscal year 2009-10, pursuant to the requirements of
Section 609 of the City Charter.
Executive Summary
State and local law require that legal notices, primarily relating to public bidding and
land use matters, be published in a newspaper of general circulation. Santa Monica
City Charter Section 609 sets forth the procedures for annual selection of an official
newspaper for publication of legal notices. In accordance with Charter Section 609, the
City published a notice inviting bids to publish the City's legal notices during FY 09/10
and selected the Santa Monica Daily Press. Funds will be available in General Fund
Account No. 01211.522520, Records & Election Services.
Background
The Santa Monica Municipal Code and State law require that legal notices, primarily
items relating to public bidding and land use matters, be published in a newspaper of
general circulation published in the City (SMMC Sec. 9.04.20.22.050) or, if there is
none, in a paper of general circulation published nearest to the City (Government Code
Sec. 6042). Under State law, a paper qualifies for adjudication by either 1) being
printed in the City for one year or 2) being published in the City for three years and
having a principal office of publication in the City.
Staff published a notice inviting bids and selected an official newspaper based on the
following criteria:
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Proof of adjudication in the City of Santa Monica
• Amount of bid (ad rate, which cannot exceed customary rates)
• Circulation (including copies per issue, documented readership)
• Delivery methods (news racks, home delivery, on-line, other)
• Publication schedule (weekly, daily)
• Percentage of local news carried
• Fiscallntegrity
• Reputation of publication
The notice seeking bids was sent to a list of local publications on May 18, 2009; and
published in the Santa Monica Daily Press, the City's current newspaper of record,
three times between May 18 and May 26, 2009, with bids due May 29, 2009.. The City
received three bids for legal advertising services from the Santa Monica Daily Press, the
Santa Monica Mirror and the Santa Monica Observer.
Discussion
The Santa Monica Daily Press is being recommended for selection based on the criteria
outlined in the notice inviting bids. A summary of the selected vendor's proposal
appears below:
Publication Rate Circulation Delivery Methods Publication
Schedule % of Local
News
19,000 daily 6 issues
$12.75/col. print audited 750 box, rack and weekly, Mon -
Daily Press
inch (ho min.)
& 3,000
drop locations; online
Fri and °
75 /o
online & paid subscriptions weekend
edition
Staff is recommending the Santa Monica Daily Press for selection because it meets or
exceeds all of the criteria outlined in the request for bids. The Daily Press, an
adjudicated newspaper of general circulation since 2005, has a daily audited circulation
of 19,000 (114,000 weekly). The Daily Press publishes six papers each week, offering
the City excellent exposure and flexibility in its legal advertising. On average, the Daily
Press publishes over 50 original local news stories per week and devotes a minimum of
75% of the newspaper to local news, opinion and other commentary. In addition, the
Daily Press has a good reputation as a paper of record in the City of Santa Monica and
has enjoyed an excellent working relationship with City staff, offering a dedicated
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employee to service the City's account. The $12.75 per column inch rate offered by the
Daily Press is approximately 39% lower than the its regular open rate and represents
the best value of the bids received.
While the City Charter requires the selection of a single adjudicated newspaper for the
purpose of publishing legal notices, it should be noted that display advertising to inform
residents of City programs and services can and will continue to be placed in other local
newspapers, both print and on-line, within approved budget allocations. Also, certain
legal noticing, particularly Purchasing Officer bid notices that require dissemination
beyond Santa Monica's borders, will continue to be published in the Los Angeles Times
or other regional papers in addition to the Santa Monica Daily Press.
Finance/Budget Impact
The City spent has spent $56,904 through May of FY 08/09 to publish legal notices in
the Santa Monica Daily Press (4,463.06 column inches). Based on the probable
purchase of a similar number of column inches -between 4,500 and 5,000 -the City
can expect to spend approximately $57,375 - $63;750 in FY 09/10. Legal advertising is
budgeted in General Fund Account No. 01211.522520, Records & Election Services.
Prepared by: Joseph Lawrence, Assistant City Attorney
Approved: F
9-~ OGI~~
M rsha J es Mo die ` P
ty Attor y C
to Council:
int Ewelf
Hager
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