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Home My WebLink AboutItem 2d - Agreement for Legal Advertising Services� GPyIFORNr9�`f� f �t r. —t ❑� 5, via --t 5, 1903 `O G� -U4ity old° DATE: July 7, 2015 TO: Honorable Mayor and City Council STAFF REPORT Office of the City Clerk FROM: Dominic Lazzaretto, City Manager Lisa Mussenden, Chief Deputy City Clerk /Records Manager SUBJECT: AGREEMENT WITH BEACON MEDIA, INC. FOR LEGAL ADVERTISING SERVICES IN AN AMOUNT NOT TO EXCEED $8,000 Recommended Action: Approve SUMMARY The City contracts with Beacon Media, Inc. for legal advertising services. According to City Charter Section 420, prior to the beginning of each fiscal year, the City is required to solicit bids and enter into an agreement for the publication of all legal notices or other matters required to be published in a newspaper of general circulation in the City. DISCUSSION As required by the City Charter, the Purchasing Officer solicited bids from the following adjudicated newspapers: the Pasadena Star News, Beacon Media, Inc. (Arcadia Weekly), and Mid Valley News. The only bid received was from Beacon Media, Inc. The Purchasing Officer and Chief Deputy City Clerk /Records Manager reviewed the bid, and recommend the City enter into an agreement with Beacon Media, Inc. for legal advertising services. It is unknown why the other local newspapers chose not to submit a bid; however, a similar situation occurred in previous years, so it is not an anomaly. Beacon Media, Inc. has been the City's newspaper of general circulation for more than 10 years and has provided satisfactory service during that time. Under the current Agreement, the City is charged $1.10 per line per column, and $9.00 per inch per column for the publication of legal advertising. For Fiscal Year 2015 -16, Beacon Media, Inc. proposed an increase of $.10 per line per column ($1.20), and an increase of $1.00 ($10.00) per inch per column. Agreement for Legal Advertising Services July 7, 2015 Page 2 of 2 Given the cost and the services provided to the City by Beacon Media, it is recommended that the City Council authorize and direct the City Manager to execute an Agreement with Beacon Media, Inc. for legal advertising services for Fiscal Year 2015- 16. FISCAL IMPACT The fiscal impact to the General Fund is approximately $8,000 which has been budgeted in the City Clerk's operating budget for Fiscal Year 2015 -16. Special projects, such as capital improvement projects, are paid directly from that specific project's funding. RECOMMENDATION It is recommended that the City Council authorize and direct the City Manager to execute an agreement with Beacon Media, Inc. for legal advertising services in an amount not to exceed $8,000. DOrr iniic Laz Ity Manager Attachment: Draft Agreement with Beacon Media, Inc. 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 day of , 2015 by and between the City of Arcadia, a charter city organized under the 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. Consultant agrees to publish legal notices as specified in this Agreement and in the manner specified therein. 2, City agrees to pay Consultant the amount specified in this Agreement and in the manner specified herein in the attached Bidder's Proposal Page. 3. 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 seven (7) 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. 4. Consultant agrees that in the performance of this Agreement, Consultant is an independent Contractor, not an employee, agent or officer of the City. 5. This Agreement shall be interpreted, construed and given effect in all respects according to the laws of the State of California. 6. 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. 7. 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. 8. 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 . 9. 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. 10. 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. 11. 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. 12. 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. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date set forth. [SIGNATURES ON THE NEXT PAGE] 2 CITY OF ARCADIA Dominic Lazzaretto City Manager Dated: 2015 ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney BEACON MEDIA, INC. in Print Name and Title Dated: go Print Name and Title Dated: Price Agreement 4PA 1516-1300-001 Due- 11:00 A.M. Tuesday, May E2, 2015 Page 5 of 5 BIDDER'S PROPOSAI–PAGE Cost ol'advertising per line per column $ 1.20 C"ost per inch per column S 10.00 Day of the week notices will be published Monday Thursday Requirvd lead time for publication: _2s prior too -p publication Lxarnpic of lead tire: I.or publication on Novi. mbcr 2 2015 a cop) of noticc would he rcquired to be submitted no later than _12pm (a.m. or p.m,?) on Friday. October 30 day of'week and date). Approxii -nate number of City of Arcadia circulation Monday - 2,500 / Thursday - 4,000 Approximate numbet- (iftataj circulation 2-5 -000_combined Mg!Ifflh PROPOSAT, SUBMITI'ED BY: .B.e-a.qo.n-MeAi.a1 Inc CornpanN Name 125 E. Chestnut Ave Monrovia Ca 91016 CitN, State, Zip 626-301-1010 626-301-044 Plione I er Fax Number Date Andrea Olivas coo Authorized Signature Printed Name Title PI J. ASF SUBMIT SAMPLE 0VPREVIO(JS PUBIBRED LEGAL N01 , ICES WITH T1 [IS PROPOSAL. I-AJ.I;L;RF'FO SUBMIT SAMPLF MAY DISQUI�LIFY YOUR PORPOSAI-