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HomeMy WebLinkAboutC-2830I 1 0 0 - 3G/ c Zg3o 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 v day of - wt , 2013 by and between the City of Arcadia, a charter city organized under khe 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: The Request for Proposal, Specificaticns 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 wit" 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 Dominic Lazzaret City Manager Dated, 2013 APPROVED AS TO FORM: (� I Stephen P. Deitsch City Attorney BEACON MEDIA, INC. By: All � I � u o's r C) Print Name and Title Daty4A=—=� By: p Print Name and Title Date