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CONTRACT FOR LEGAL PUBLICATION SERVICES
BY AND BETWEEN THE CITY OF ARCADIA AND
BEACON MEDIA, INC.
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This Contract is made and entered into this day of'` _ '2010
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 91066 -6021 ( "City ") and Beacon Media, Inc., 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."
WITNESSETH: City and Contractor do mutually agree as follows:
The Notice Inviting Proposals, 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 Contract by reference, as though fully set
forth herein, and all of the foregoing shall constitute the Contract documents.
2. Contractor agrees to publish legal notices as specified in the Contract documents and
in the manner specified therein.
3. City agrees to pay Contractor the amount specified in the Contract documents and in
the manner specified herein.
4. Time is of the essence of this Contract. If contractor should fail to publish legal
notices as specified in Paragraph 2 above, the City of Arcadia may give thirty (30)
days written notice to Contractor to provide the required service in a timely manner,
and if the Contractor fails to do so, the Contractor shall be liable to the City for
damages incurred, including, but not limited to, the price differential in procuring
legal advertising in conformance with the Contract documents on the open market
from another vendor, with or without advertised competitive bidding.
5. Contractor agrees that in the performance of this contract, contractor is an
independent Contractor, not an employee, agent or officer of the City.
6. This Contract shall be interpreted, construed and given effect in all respects according
to the laws of the State of California.
7. Contractor shall not assign this Contract, or any part thereof, or any monies due or to
become due thereunder without the prior written consent of the City of Arcadia.
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.
13. EQUAL OPPORTUNITY: During the performance of this contract, Contractor 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.
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IN WITNESS WHEREOF, the parties have caused this contract to be executed the day
and year first above written.
CITY OF ARCADIA
Donald Penman
City Manager
Dated: !''f , 2010
ATTEST:
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City Glerk
APPROVED AS TO FORM:
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Stephen P. Deitsch
City Attorney
BEACON MEDIA, INC.
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Signa re of Authorized Person
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