HomeMy WebLinkAboutItem 11h - Legal Advertising ServicesAgreement with Beacon Media, Inc. for
Legal Advertising Services
June 1, 2021
Page 2 of 2
DATE: June 1, 2021
TO: Honorable Mayor and City Council
FROM: Dominic Lazzaretto, City Manager
By: Linda Rodriguez, Assistant City Clerk
SUBJECT: AGREEMENT WITH BEACON MEDIA, INC. FOR LEGAL ADVERTISING
SERVICES 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 with Beacon Media, Inc. for Legal Advertising Services in an
amount not to exceed $24,000.
DISCUSSION
The City Clerk’s Office solicited bids from 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 Assistant
City Clerk and it is recommended that the City enter into an agreement with Beacon
Media, Inc. (Attachment 1) for legal advertising services for Fiscal Year 2021-22 in an
amount not to exceed $24,000. The single bid is expected given past experiences;
many newspapers are not able to meet the City’s publishing requirements regularly, so
Beacon Media is the only viable option presently.
ENVIRONMENTAL ANALYSIS
This 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 1, 2021
Page 2 of 2
FISCAL IMPACT
The fiscal impact to the General Fund is a total of $24,000, of which $4,300 has been
budgeted in the City Clerk’s operating budget for Fiscal Year 2021-22. The remaining
$19,700 is budgeted in individual department budgets for their various noticing
requirements. Noticing for special projects, such as Capital Improvement Projects, are
paid directly from that specific project fund.
RECOMMENDATION
It is recommended that the City Council determine that this project is exempt under the
California Environmental Quality Act (“CEQA”); and approve, and authorize and direct
the City Manager to execute an Agreement with Beacon Media, Inc. for Legal
Advertising Services 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
________________, 2021 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: _________________, 2021
Dated: _____________________, 2021
ATTEST:
____________________________ By: _____________________________
City Clerk Signature
________________________________
APPROVED AS TO FORM: Print Name and Title
Dated:______________________, 2021
____________________________
Stephen P. Deitsch
City Attorney