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HomeMy WebLinkAboutItem 13h - Legal Publication ServicesAgreement with Beacon Media, Inc. for Legal Advertising Services June 19, 2018 Page 2 of 2 DATE: June 19, 2018 TO: Honorable Mayor and City Council FROM: Dominic Lazzaretto, City Manager Lisa Mussenden, Chief Deputy City Clerk/Records Manager SUBJECT: AGREEMENT FOR LEGAL PUBLICATION SERVICES WITH BEACON MEDIA, INC. IN AN AMOUNT NOT TO EXCEED $24,000 Recommendation: 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. It is recommended that the City Council approve, and authorize and direct the City Manager to execute, an Agreement for Legal Advertising Services with Beacon Media, Inc. in an amount not to exceed $24,000. DISCUSSION The Purchasing Officer solicited bids from the following three adjudicated newspapers, the Pasadena Star News, Beacon Media, Inc. (the Arcadia Weekly), and the Mid Valley News. The only bid received was from Beacon Media, Inc. The bid was reviewed by the Purchasing Officer and the Chief Deputy City Clerk/Records Manager, who recommend the City enter into an agreement with Beacon Media, Inc. for legal advertising services for Fiscal Year 2018-19. A copy of the proposed Agreement is attached to this staff report. ENVIRONMENTAL ANALYSIS The proposed action does not constitute a project under the California Environmental Quality Act (“CEQA”), and it can be seen with certainty that it will have no impact on the environment. Thus, this matter is exempt under CEQA. Agreement with Beacon Media, Inc. for Legal Advertising Services June 19, 2018 Page 2 of 2 FISCAL IMPACT The fiscal impact to the General Fund is a total of $24,000, of which $8,200 has been budgeted in the City Clerk’s operating budget for Fiscal Year 2018-19. The remaining $16,000 has been budgeted in individual department budgets. Special projects such as capital improvement projects are paid directly from that specific project fund. RECOMMENDATION It is recommended that the City Council approve, and authorize and direct the City Manager to execute, an Agreement for Legal Advertising Services with Beacon Media, Inc. in an amount not to exceed $24,000. Attachment: Proposed Agreement with Beacon Media, Inc. 1 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 ________________, 2018 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. 2 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. Rights 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] 3 CITY OF ARCADIA BEACON MEDIA, INC. By __________________________ By: _____________________________ Dominic Lazzaretto Signature City Manager ________________________________ Print Name and Title Dated: _________________, 2018 Dated: _____________________, 2018 ATTEST: ____________________________ By: _____________________________ City Clerk Signature ________________________________ APPROVED AS TO FORM: Print Name and Title Dated: __________________________ ____________________________ Stephen P. Deitsch City Attorney