HomeMy WebLinkAbout09. Contract for Publication of Legal NoticesRECOMMENDATION:
BACKGROUND:
AGENDA MEMO
TO: Mayor and Members of the City Council
FROM: �I� arles S. Vose, Interim City Attorney
SUBJECT: Contract for the Publication of Legal Notices
DATE: November 9, 2010
That the City Council approve a Professional Services Contract for the
Publication of Legal Notices with The Downey Patriot newspaper for the period
beginning on November 9, 2010 to November 8, 2011.
Section 517 of the Downey Charter requires that all legal notices be published in
a newspaper of general circulation printed and published in the City. When there
is more than one newspaper of general circulation in the City, the City must
competitively bid for publication of its legal notices. The City may only contract
with a newspaper of general circulation on an annual basis, and may pay no
more than the "customary" rate charged by the newspaper of general circulation.
The City issued a request for proposals (RFP) on October 8 and received
responses on November 1 from the Herald American and the Downey Patriot.
Their responses are incorporated into the attached summary.
Based upon the publication costs and taking into consideration the number of
residential households the papers are delivered to, staff is recommending that
the contract be awarded to The Downey Patriot as the lowest qualified bidder.
FISCAL IMPACT:
The cost to the City is determined per instance of publication.
Att: Bid Summary; Contract
CITY OF DOWNEY, CALIFORNIA
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CITY OF DOWNEY
PROFESSIONAL SERVICES CONTRACT
PUBLICATION OF LEGAL NOTICES
THIS CONTRACT, made and executed this day of
City of Downey, California, hereinafter referred to as "CITY" and
hereinafter referred to as "CONTRACTOR ":
WITNESSETH: The CITY and CONTRACTOR do mutually agree as follows:
, 2010, by and between the
1. 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 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 for the period of November 9, 2010 to November 8, 2011.
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, CITY may give 30 days written notice to Contractor to provide the required service in a
timely and accurate 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 proposals.
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 be become
due thereunder without prior written permission of the CITY.
8. CONTRACTOR shall indemnify and hold harmless the CITY, and its officers and employees, from and
against any and all claims, demands, suits, damage, 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 contract.
9. CONTRACTOR shall hold the CITY, is officers, agents and employees, harmless from liability of any
nature of kind, including costs and expenses, for infringement or use of a 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 agenda or representative of the CONTRACTOR, to any officer
or employee of the CITY with a view toward securing the Contract or securing a 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 CITY for default: In the event of cancellation of the Contract, either in whole or in
part, by reason of default or breach thereof by the CONTRACTOR, any Toss 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
inure and shall bind each of the parties.
By
Title
Date
CONTRACTOR
CITY OF DOWNEY
ANNE M. BAYER, Mayor
ATTEST:
KATHLEEN L. MIDSTOKKE, City Clerk
APPROVED AS TO FORM:
CHARLES S. VOSE, Interim City Attorney
Date