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Home My WebLink AboutC-4339 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 2020 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. 1 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] 2 CITY OF ARCADIA BEACON MEDIA, INC. By • •- By: Dominic Lazzare e b nature City Manager Print Name and Titl6 Dated: Nv , s\- , 2020 Dated: i� �. Z�- , 2020 ATTEST: ka .v` 04..1. By: City Clerk Sig 'fur= Jo\ \ Fa- APPROVED AS TO FORM: Print Name and Title gri p 41=e Dated: 3U1Li , 2020 Stephen P. Deitsch City Attorney 3 Price Agreement#PA202 I-1300-001 Due: 11:00 A.M. Tuesday,July 14,2020 Page 4 of 4 BIDDER'S PROPOSAL PAGE Cost of advertising per line per column $ 1.57__.......__....................._...,_.. Cost per inch per column $ 11.66 Day of the week notices will be published Monday/Thursday Required lead time for publication: 2 dayS_pf]Ofto publication (Example of lead time: For publication on November , 2020 a copy of notice would be required to be submitted no later than 12pm (a.m. or p.m.?) on Tuesday, November 3 day of week and date). Approximate number of City of Arcadia circulation Monday 2,500 I Thursday 4,000 Approximate number of total circulation 25,000 Combined Mon/Thurs PROPOSAL SUBMITTED BY: BeaconMedia, In Company Name 125 E. Chestnut Ave Monrovia. Ca 91016 Address City, State,Zip 626- 301- 1010 626- 301- 0445 lu 1y 14. 2020 Phone Number Fax Number Date _ Andrea Tange COO �'��r .orized Signature Printed Name Title PLEASE SUBMIT SAMPLE OF PREVIOUS PUBLISHED LEGAL NOTICES WITH THIS PROPOSAL. FAILURE TO SUBMIT SAMPLE MAY DISQUALIFY YOUR PORPOSAL. Rachelle Arellano From: Stephen Deitsch <Stephen.Deitsch@bbklaw.com> Sent: Tuesday, August 4, 2020 4:36 PM To: Rachelle Arellano Subject: RE: City Attorney Reviw 8-4-2020 Rachelle, I have reviewed and approve as to form the PSA with Beacon Media, Inc. Please use my stamped signature for this purpose. Thanks. Steve Stephen Deitsch Partner step aen de.itsch@ ki wacom T:(909)483-6642 C:: (951)662-9343 www. Klaw.cr l•Q- Stay at home aria public health orders issued in multiple le cou ties across the U.S. require our offices to be physically closed, Because all staff are working remotely, all documents (including correspondence, pleadings, and discovery) will be served via e-mail anti/further notice, Because we may not receive regular Moil orother ^deliveries rinds aeon f time, please e-mail copies of anything you sendregulary;, °mail or delivery. Semi e . p -s �rve.� documents your cuse to the e-mail a sses for_"any Best Best Krieger LLP attorneywho has appeared in your case, or who has communicated with you by e-mail on your matter, From:Rachelle Arellano [mailto:rarellano@arcadiaca.gov] Sent: Tuesday, August 04, 2020 9:54 AM To: Stephen Deitsch; City Attorney Subject: City Attorney Reviw 8-4-2020 Hi Steve, Attached for your review is a zip folder including the following items: 1. Covenant— 69 W. Pamela Road — Review only 2. Amendment No. 3 — Security Guard Services 3. Email from PWSD regarding Installation of a cartridge Filter for Live Oak — seeking recommendation regarding this email 4. PSA— Beacon Media Yesterday this office received a call from Henry from ASD advising that their mail contract inadvertently expired for mailing services with Target Mailing. This office was asked if they can write a 3 month extension so that they have adequate time to send out an RFP, however the companies