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HomeMy WebLinkAboutC-288711('10 -30/( JT57 AGREEMENT FOR LEGAL PUBLICATION SERVICES BY AND BETWEEN THE CITY OF ARCADIA AND BEACON MEDIA, INC. ndhis A greement ( "Agreement ") is made and entered into this S1 day of , 2014 by and between the City of Arcadia, a charter city organized under he 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 Request for 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 Dominic Lazzare City Manager Dated: , 2014 ATTEST: V VL& Ci APPROVED AS TO FORM: Stephen P. Deitsch City Attorney ki BEACON MEDIA, INC. By: Print Name and Title L( Date Print Name an Title L Z4- /Y Date REQUEST FOR PROPOSAL NOTICE IS HEREBY GIVEN that the City of Arcadia is accepting requests for proposals for legal advertising for the City of Arcadia as required by the City of Arcadia Charter Section 420. Proposals shall be submitted in an envelope marked `Bid for Legal Advertising" and shall be sent to the City Clerk of the City of Arcadia, 240 W. Huntington Drive, P.O. Box 50021, Arcadia CA 91066 -6021. Proposals shall be due no later than 11:00 a.m. on Tuesday, May 13, 2014 at which time they shall be publicly opened. Copies of the proposal may be obtained in the Purchasing Office, Administrative Services Department, 240 W. Huntington Drive, Arcadia, CA 91007. Said specifications, proposal forms and contract documents are hereby referred to and incorporated herein and made a part by reference and all quotations must strictly comply therewith. The City of Arcadia reserves the right to accept in whole or in part or reject any and all proposals and to waive any informalities in the bid process, and all bids are banding for a period of ninety (90) days after the proposal opening and may be retained by the City for examination and comparison, as specified in the contract documents. The award of contract shall be made by the Arcadia City Council. CITY OF ARCADIA PURCHASING OFFICE Dated: April 28, 2014 Publish: May 1 and 5, 2014 Von Races Beacon Media 125 E, Chestnut Ave. Monrovia, CA 91016 CITY OF ARCADIA QUOTATION REQUEST —NOT AN ORDER PURCHASING DIVISION 240 WEST TIUNTTNGTON DRIVE — P.O. BOX 60021 ARCADIA, CALIFORNIA 91066 -6021 THIS QUOTATION REQUEST IS SUBJECT TO THE TERMS, INSTRUCTIONS, AND CONDITIONS ON THE FACE OF 7I41S QUOTATION AND ON THE REVERSE SIDE HEREOF, CONSIDERATION CANNOT BE GIVEN TO QUOTATIONS RECEIVr -D AFTER 1 1:00 A.M. Ma 13, 2014 FOR FURTHER DETAILS CALL: (626) 574 -5462 Jan Steese I QUOTATION NO.: PA141 "03 Page 1 of 5 V'dhen bidding on an "or equal" or on goods ether than UNIT PRICE UNIT AMOUNT ITEM QtJAh'1TTY DESCRIPTION: those specified Bidder must give cornplete description. PRICE AGREEMENT NO. PA 1.415 -003 to provide Legal Advertising Services for the City of Arcadia on an as needed basis for the period of one (1) year beginning July 1, 2014 through June 30, 2015 in accordance with all terms and conditions as set forth in the attached General Provisions and in conformance with the attached Bidder's Proposal Sheet, NO FAX BIDS WILL BE ACCEPTED. NO EXCEPTIONS. Bidder's to complete and return as your bid the attached Bidder's Proposal Sheet. Failure to do so may disqualify your bid. NO OTHER FORMS WILL BE ACCEP'T'ED. All questions regarding this quotation request can be directed to Jan Steese, Purchasing Officer at (626) 574 -5462. l The City of Arcadia accepts no responsibility for any bid received after the date and time specified above, including any that might be received via the United States Mail. NO l EXCEPTIONS. All bids received after such date and time will be returned to the sender unopened. If no return address is indicated on the outside of the envelope, the envelope will be retained in the Purchasing Office file and such envelope shall remain unopened. It is the sole responsibility of the bidder to ensure their bid is received on or before the date and time specified above. INSTRUCTIONS TO BIDDERS Page 2 OF 5 UNLESS OTHERWISE INDICATED, PRICES QUOTED HEREWITH SHALL BE F.O.B. DELIVERED ON CITY PREMISES OR JOBSITE TO BE SPECIFIED ON THE PURCHASE ORDER BUT WILL BE WITHIN CITY OF ARCADIA CITY LIMITS. Municipalities are EXEMPT from Federal Excise Taxes and prices quoted are to EXCLUDE Federal taxes. EXEMPTION CERTIFICATES will be furnished upon request. Unless otherwise indicated, prices will be considered to EXCLUDE STATE AND CITY SALES OR USE TAX, which is payable by the City. In the event, unit prices and the total amount stated by the bidder for an item are not in agreement, then the unit price alone will be considered as representing the bidder's intention, and the total will be corrected to conform thereto. The Internal Revenue code requires us to issue Form 1099 for certain payments made to Payees other than Corporations. For each failure to furnish a TAXPAYER IDENTIFICATION NUMBER COULD RESULT IN A PENALTY BEING ASSESSED by IRS. In addition, we will be required to withhold 20 percent from payments subject to 1099 Reporting, if you fail to furnish us your IDENTIFICATION NUMBER. The City Reserves the right to reject any or all quotations, to waive any technicalities and informalities, and to accept or reject all or any part of this quotation at prices shown. Unless otherwise indicated, prices quoted herein are considered FIRM and shall remain open and not be withdrawn for a period of sixty (60) days after the due date. ALL EQUIPMENT AND /OR MATERIAL REFERRED TO IN THIS QUOTATION SHALL IN ALL RESPECTS BE IN FULL COMPLIANCE WITH ALL FEDERAL, STATE AND LOCAL CODES INCLUDING BUT NOT LIMITED TO CAL/OSHA SAFETY AND HEALTH ORDERS. Return this quotation form whether you quote or not. Retain a copy for your file. Extra copies of this quotation will be made available upon request. Any bidder wishing to bid recycled material is encouraged to do so as an option to this bid. When bidding "or approved equal" items, bidder must state complete make, model or product number of alternate being bid. Bidder must also submit with the bid complete descriptive literature on item(s) being bid. Failure to identify product or submit literature with your bid may disqualify your bid. All businesses doing work in the City of Arcadia should verify with the Arcadia Business License Office if they are required to be registered for and pay the Arcadia Business Tax. Successful bidder may be required to furnish Certificate of Insurance and Endorsement naming the City of Arcadia, its officers, officials, employees and agents as additional insured on all installation quotations. If insurance is required, it will be stipulated on the quotation request form or in tic detailed specifications and a cony of the City's insurance requirements will be attached to the quotation request. Failure to provide all information on this quotation request form or on any attachments to this quotation request may result in disqualification of the bid. Return your response in the enclosed envelope provided with this quotation request or clearly mark the outside of your envelope with the quotation request number and the due date. On construction quotes, Contractor shall verify that all materials used on the site are free of asbestos containing materials and any materials specified that do contain asbestos will be brought to the attention of the City representative for review and selection of a substitute product. This request for bid, when returned to the City as an offer for material and/or services will constitute the full agreement between the Citv and Vendor if a purchase order is awarded. Any changes to the attached documents for proposal must be made at the time the bid is submitted. Any changes and /or amendments to this agreement presented after the successful vendor receives a purchase order will not be accepted. Unless the City includes a stipulation for a separate agreement to be executed, the City will not execute any other agreement in conjunction with this quotation request or the purchase order. GENERAL PROVISIONS The City of Arcadia is inviting proposals for legal advertising for the City Clerk's Office of the City of Arcadia'. 2. Each bidder shall be held responsible for familiarizing himfherself with conditions to be encountered and requirements of these specifications. Proposals must be made on the forms furnished by the City of Arcadia. Do not remove these specifications or any of the pages herein, but submit as a complete package with any additional information to be provided by the company. 4. A sample copy of the contract the City of Arcadia and the successful bidder will be required to execute is attached and made a part of this request for proposal. 5. This proposal is subject to the City of Arcadia City Charter Section 420 which states "In the event that there is more than one newspaper of general circulation in the City, the Council, annually prior to the beginning of each fiscal year, shall solicit bids and contract for the publication of all legal notices or other matter required in a newspaper of general circulation, during the ensuing fiscal year. If there is only one newspaper of general circulation in the city, then the Council shall have the power to contract with such newspaper for publishing of such legal notices and other matter without soliciting bids therefor.. If the City has a contract with a newspaper of general circulation in the City, it shall be deemed to be the official newspaper. If there is no newspaper of general circulation in the City, or if such newspaper will not contract with the City at rates which do not exceed those charged private persons, and the Council has not designated an official newspaper, then such notices and other matter, and notices required to be published in the official newspaper, shall be published by posting copies thereof at three or more public places in the city as designated by the Council." 6. 'Ibis proposal and contract that may be awarded shall be valid from July 1, 2014 until June 30, 2015 upon approval by City Council, 7. The City of Arcadia reserves the right to evaluate the proposal based on several qualifications including circulation of the paper, days published, experience, samples, ability to respond, lead time and costs. Although cost is one of the evaluating factors, the City of Arcadia is not bound to award the contract based solely on price alone. (Per Section 2841.5 of the Arcadia Municipal Code) 3 8. Attached to and part of this proposal and contract shall be the proof that the publication is a newspaper of general circulation within the City of Arcadia as set forth in the City Charter and California Government Code (6040 et. seq.) 9. The prices quoted in this proposal when returned to the City of Arcadia shall be in effect from the date of Council award until June 30, 2015. 10. Each proposal shall contain for evaluation purposes, copies of previously published legal notices. 4 Price Agreement #PA1415 -003 Due: 11:00 A.M. Tuesday, May 13, 2014 BIDDER'S PROPOSAL PAGE Cost of advertising per line per column $1.10 Cost per inch per column $__9.00 Day of week notices will be published Monday / Thursoay- Required lead time for publication: 2 days prior to publication (Example of lead time: For publication on November_ 3 .2014 a copy of notice would be required to be submitted no later than 12nm_ (a.m. or P.m.?) on Friday. October 31 day of week and date). Approximate number of City of Arcadia circulation Monday - 2,500 Thursday - 4,000 Approximate number of total circulation_ 25M combined MQ0MU rs PROPOSAL SUBMITTED BY: Beacon Media, Inc Company Name 125 E. Chestnut Ave. Monrovia, Ca 91016 Address City, State, Zip 6.26- 301 -1010 626- 301 -0445 ) — "i 4 Phone Number Fax Number Date COO Authorized. Signature Printed Name Title PLEASE SUBMIT" SAMPLE OF PREVIOUS PUBLISHED LEGAL NOTICES WITH THIS PROPOSAL. FAILURE TO SUBMIT SAMPLE MAY DISQUALIFY YOUR PROPOSAL. 5 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. 2 1 William K. Henley, State Bar 445328 Erin C. Gunn, State Bar #187078 2 HAHN & HAHN 301 E. Colorado Blvd . , #90o ANrFI c�� ;:., -... , •, 3 Pasadena, CA 91101 -1977 LOS ? r.a "OUPT (626) 796 -9123 • (213) 681 -6948 4 Fax (626) 449 -7357 OCT 7 1997 tV:, n,.• iri .phi: �i,n_,V l.L�f'!K. 5 Attorneys for Petitioner VAFA RAEESZADEH 6 7 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES 9 10 11 IN THE MATTER OF THE PETITION ) CASE NO. GS 004333 OF ARCADIA WEEKLY TO HAVE THE ) 12 STANDING OF ARCADIA WEEKLY AS ) JUDGMENT ASCERTAINING AND A NEWSPAPER OF GENERAL ) ESTABLISHING NEWSPAPER AS ONE 13 CIRCULATION ASCERTAINED AND ) OF GENERAL CIRCULATION ESTABLISHED. ) 14 ) [Government Code §60231 15 ) 16 17 The verified Petition of VAFA RAEESZADEH to have the 18 standing of the Arcadia Weekly ascertained and established as a 19 newspaper of general circulation, as defined in section 6000 of 20 the Go ment Code, came on regularly for hearing by the Court 21 o October 3, 1997 tin Department NE "A" of the above - entitled 22 Court. Petitioner appeared by his attorneys Hahn & Hahn (Erin C. 23 Gunn, Esq. appearing). 24 Documentary evidence was introduced on behalf of Petitioner, 25 and the matter was submitted for decision. On proof made to the 26 satisfaction of the Court, the Court finds as follows: 27 28 ECG192105.01 1 1. The Petition To Ascertain And Establish Standing As A 2 Newspaper Of General Circulation and Notice Of Intention To Apply 3 For Order Declaring Status As A Newspaper Of General Circulation 4 were duly published pursuant to section 6062 of the Government 5 Code, and proof of such publication was duly made. 6 2. The Arcadia Weekly is a newspaper of general 7 circulation, published for the dissemination of local news and 8 intelligence of a general character in the City of Arcadia, 9 County of Los Angeles, and State of California. 10 3. The petitioning newspaper has a bona fide subscription 11 list of paying subscribers numbering six hundred (600) in the 12 City of Arcadia, County of Los Angeles, State of California, and 13 elsewhere in the surrounding area, and has an average weekly 14 circulation of fifteen thousand (15,000). 15 4. For more than one year preceding the filing of the 16 Petition, the petitioning newspaper has been established under 17 the name of the Arcadia Weekly, and has been printed and 18 published at regular intervals in the City of Arcadia, County of 19 Los,Angeles, and State of California. 20 5. During the whole of such one -year period, the 21 mechanical work of producing the petitioning newspaper, that is, 22 the work of typesetting it and pressing type on paper, has been 23 performed in the City of Arcadia, County of Los Angeles, and 24 State of California; the newspaper has been issued from the same 25 city, county and state where it is printed and sold; it has been 26 both printed and published in the same city, county and state; 27 and it has been published as a weekly newspaper on each Thursday 28 of each calendar week. ECG192105.01 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED that the Arcadia Weekly is a newspaper of general circulation, as defined in section 6000 of the Government Code, for the City of Arcadia, County of Los Angeles, and State of California. Dated: T� dv d j +�ba JUDGE OP THE SUPERIOR COURT ECG \92105.01 3 ri