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CITY OF ARCADIA
CONTRACT
LEGAL PUBLICATIONS
THIS CONTRACT, made and executed this 15`h day of June, 2004, by and
between the City of Arcadia, California, hereinafter referred to as "City ", and
Core Media Group, Inc. hereinafter referred to as "Contractor" and "Bidder ".
WITNESSETH: City and Contractor do mutually agree as follows:
1. The Notice Inviting Proposals, Proposal, Specifications and all
amendments thereof, when approved by the parties hereto, copies of
which are attached hereto, are hereby incorporated in and are made a
part of this Contract by reference, as though fully set forth herein, and
all of the foregoing shall constitute the Contract documents.
2. Contractor agrees to publish legal notices as specified in the Contract
documents and in the manner specified therein.
3. City agrees to pay Contractor the amount specified in the Contract
documents and in the manner specified herein.
4. Time is of the essence of this Contract. If contractor should fail to
publish legal notices as specified in Paragraph 2 above, the City of
Arcadia may give thirty (30) days written notice to Contractor to
provide the required service in a timely manner, and if the Contractor
fails to do so, the Contractor shall be liable to the City for damages
incurred, including, but not limited to, the price differential in
procuring legal advertising in conformance with the Contract
documents on the open market from another vendor, with or without
advertised competitive bidding.
Contractor agrees that in the performance of this contract, contractor is
an independent Contractor, not an employee, agent or officer of the
City.
6. This Contract shall be interpreted, construed and given effect in all
respects according to the laws of the State of California.
7. Contractor shall not assign this Contract, or any part thereof, or any
monies due or to become due thereunder without the prior written
consent of the City of Arcadia.
8. Contractor shall indemnify and hold harmless the City, and its officers
and employees, from and against any and all claims, demands, suits,
damages, injury and liability, including costs and expenses incurred in
connection therewith, however caused, resulting from, arising out of,
or in any way connected with the performance of the contract.
9. Contractor shall hold the City, its officers, agents and employees,
harmless from liability of any nature or kind, including costs and
expenses, for infringement or use of copyrighted or uncopyrighted
composition, secret process, patented or unpatented invention,
article or appliance furnished or used in connection with the contract.
10. Contractor warrants that no gratuities (in the form of entertainment,
gifts, or otherwise) were offered or given by the Contractor, or any
agent or representative of the Contractor, to any officer or employee of
the City with a view toward securing the Contractor or securing
favorable treatment with respect to any determinations concerning the
performance of the Contract. For breach or violation of this warranty,
the City shall have the right to terminate the contract, either in whole
or in part, and any loss or damage sustained by the City in procuring in
the open market legal publication shall be borne and paid by the
Contractor. The rights and remedies of the City provided in this clause
shall not be exclusive and are in addition to any other rights and
remedies provided by law or under the Contract.
11. Right and remedies of the City for default: In the event of the
cancellation of the Contract, either in whole or in part, by reason of
default or breach thereof by the contractor, any loss or damage
sustained by the City in procuring legal publications which the
Contractor therein agreed to supply shall be borne and paid by the
Contractor. The rights and remedies of the City provided above shall
not be exclusive and are in addition to any other rights and remedies
provided by law or under the Contract.
12. Subject to the provisions of this Contract, all terms, covenants,
conditions and provisions hereof shall insure and shall bind each of the
parties hereto and each of their respective heirs, executors,
administrators, successors and assigns.
13. E.4 OPPORTUNITY: During the perormance of this contract,
Contractor /vendor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex or
national origin. CIVIL RIGHTS ACT OF 1964: Under Title VI of the
Civil Rights Act of 1964, no person shall on the grounds of race, color
or national origin, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or
activity receiving federal financing assistance.
IN WITNESS WHEREOF, the parties have caused this contract to be executed
the day and year first above written.
ATTEST:
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City Clerk/Representative
APPROVED AS TO FORM:
City At� epresent
Affix Corporate seal (if applicable):
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Representative's Name
William R. Kelly
City Manager
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Signatur`e�& Printed Name
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