July 19, 2005

SUBJECT: Award of Contract for the Publication of Legal Advertising (F0406-78)

REPORT IN BRIEF

Approval is requested for the award of a three-year contract to the San Jose Mercury News for the publication of legal notices, Council Agendas, Digests of Minutes and other public outreach advertising. 

BACKGROUND

Sunnyvale City Charter Section 708, Sunnyvale Municipal Code Section 2.10.020 and the California Government Code Section 6000 have the combined effect of requiring that Sunnyvale's legal notices be placed in a newspaper declared "of general circulation in Sunnyvale" by the Superior Court of the State of California in and for the County of Santa Clara.  Sunnyvale Municipal Code Section 2.10.030 requires that Sunnyvale Council agendas and digests be published in a newspaper which publishes six days a week.

DISCUSSION

The only local newspaper meeting the legal requirements for agendas and digests is the San Jose Mercury News which publishes seven days a week and has been declared of general circulation in Santa Clara County.

It is anticipated that public outreach and legal advertising for the construction phase of the Downtown Redevelopment Project will result in advertising costs at a level that requires Council authorization.  The Mercury News' large circulation and high South Bay visibility has made it the newspaper of choice for announcements of public meetings, construction schedules and other downtown-related activities.

FISCAL IMPACT

Departments are billed by the Mercury News, based upon actual usage; and advertising requirements vary from year to year.  Although it is impossible to predict expenditures, based upon past experience, it is anticipated that legal advertising expenditures for the next three years will not exceed $75,000 per year, making a three-year contract total not to exceed $225,000. 

Funds are available in various departmental accounts.

RECOMMENDATION

It is recommended that Council award a three-year contract, in substantially the same form as the attached draft Blanket Purchase Order and in an amount not to exceed $225,000, to the San Jose Mercury News for legal advertising.

Prepared by:

Elaine Wesely

Purchasing Officer

Reviewed by:

Mary J. Bradley

Director, Finance

Reviewed by:

Katherine Chappelear

City Clerk

Approved by:

Amy Chan

City Manager

Attachments

Draft Blanket Purchase Order (.pdf format)