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AGREEMENT FOR LEGAL PUBLICATION SERVICES
BY AND BETWEEN THE CITY OF ARCADIA AND
BEACON MEDIA, INC.
This Agreement ( "Agreement ") is made and entered into this ;MM day of
2012 by and between the City of Arcadia, a charter city organized
undtir tlid Constitution and laws of the State of California with its principal place of
business at 240 W. Huntington Drive, Arcadia, California 91007 ( "City ") and Beacon
Media, Inc., a California Corporation, with its principal place of business at 125 E.
Chestnut Avenue, Monrovia, CA 91016 ( "Consultant "). City and Consultant are
sometimes individually referred to as "Party" and collectively as "Parties."
The Parties 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 Agreement by
reference, as though fully set forth herein, and all of the foregoing shall
constitute the Agreement documents.
2. Consultant agrees to publish legal notices as specified in this Agreement and
in the manner specified therein.
3. City agrees to pay Consultant the amount specified in this Agreement and in
the manner specified herein.
4. Time is of the essence in this Agreement. If Consultant fails to publish legal
notices as specified in Paragraph 2 above, the City may give thirty (30) days
written notice to Consultant to provide the required service in a timely
manner, and if the Consultant fails to do so, Consultant shall be held liable to
the City for damages incurred, including, but not limited to, the price
differential in procuring legal advertising in conformance with this Agreement
on the open market from another vendor, with or without advertised
competitive bidding.
5. Consultant agrees that in the performance of this Agreement, Consultant is
an independent Contractor, not an employee, agent or officer of the City.
6. This Agreement shall be interpreted, construed and given effect in all
respects according to the laws of the State of California.
7. Consultant shall not assign this Agreement, or any part thereof, or any
monies due or to become due hereunder without the prior written consent of
the City.
8. Consultant shall indemnify and hold harmless the City, and its officers, agents
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 this Agreement.
9. Consultant 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 this Agreement.
10. Consultant warrants that no gratuities (in the form of entertainment, gifts, or
otherwise) were offered or given by the Consultant, or any agent or
representative of the Consultant, to any officer or employee of the City with a
view toward securing Consultant or securing favorable treatment with respect
to any determinations concerning the performance of the Consultant. For
breach or violation of this warranty, the City shall have the right to terminate
this Agreement , 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 Consultant. The rights and remedies of the City provided in
this section shall not be exclusive and are in addition to any other rights and
remedies provided by law or under this Agreement.
11. Right and remedies of the City for default: In the event of the cancellation of
this Agreement, either in whole or in part, by reason of default or breach
thereof by the Consultant, any loss or damage sustained by the City in
procuring legal publications which the Consultant herein agreed to supply
shall be borne and paid by the Consultant. 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 this Agreement.
12. Subject to the provisions of this Agreement, all terms, covenants, conditions
and provisions hereof shall inure to the benefit of and shall bind each of the
Parties hereto and each of their respective heirs, executors, administrators,
successors and assigns.
13. EQUAL OPPORTUNITY: During the performance of this Agreement,
Consultant 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.
2
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date
set forth.
CITY OF ARCADIA
iminic Lazzar o
City Manager
Dated: _Rua*sS- ' Zq , 2012
APPROVED AS TO FORM:
pZw4'-' t). t
Step en P. Deitsch
City Attorney
BEACON MEDIA, INC.
By:
Print Name and Title
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Date
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