R2020-166 2020-09-14RESOLUTION NO. R2020-166
A Resolution of the City Council of the City of Pearland, Texas, renewing a unit
price bid for utility bill printing and mailing services, to DataProse, in the
estimated amount of $245,000.00, forthe period of September 16, 2020 through
September 17, 2021.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City previously obtained unit supply bids for printing and mailing
services.
Section 2. That the City Council hereby renews a bid with DataProse, in the estimated
amount of $245,000.00.
Section 3. The City Manager or his designee is hereby authorized to execute a contract
for printing and mailing services.
PASSED, APPROVED and ADOPTED this the 14th day of September, A.D., 2020.
TOM REID
MAYOR
ATTP T:
TAL ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
I�
DARRIN M. COKER
CITY ATTORNEY
(n
CITY OF PEARLAND
UTILITY BILLING DEPARTMENT
3519 Liberty Drive
Pearland, Texas 77581
General Sences Contract Amendment
For Printing and Mailing of the City's Utility Bills, bid # 0619-50
Date of Issuance: 3/30/2021 Amendment No: I
Contractor: Data Prose, LLC PO#: 2021-00000284; R2020-166
Explanation for Amendment:
This Amendment encompasses the following: beginning in April 2021 Delinquent Notices will be
printed two sided (previously one sided), with back side to include red and black ink. This will be an
increase of .007 per Delinquent Notice taking the price from 0.075 to 0.082 per piece. Current contract
amount should be able to cover the cost of this increase and the setup fee.
Description of Work Cost Time
1. Art setup fee to print on backside of document — onetime $ 250.00 Days
Please attach backup documentation
Quote is attached.
Cost & Time Change Summary:
Cost Time
Original Contract: $ 245,000 Days
Previous Amendment(s): $ Days
Net increase (decrease) from this Amendment: $ 0 Days
Revised Contract: $ 245,000 Days
Signatures. By signing below, the parties agree to the terms of this Contract:
CITY OF PEARLAND:
•
t,-ti Y
Purchasing 0
*signed by. D
City Manager
Assistant City Manager
Director
Superintendent/Manager
*Contract Signature Authority:
4.5.2021
Date Title: C. (- 0
Date: i4 1
CONTRACTOR**:
1
Superintendent/Manager -$5,999 or Tess
Director - $6,000 to $30,000
City Manager/Assistant Ctty Managers - $30,001 to $50,000
City Council Resolution - $50,000+
GSA Amendment
1 of 2 4/2019
.j;;f : �I�,)rosc'o CHANGE REQUEST / ORDER ACKNOWLEDGEMENT
1_
This estimate is only valid for 30 days from the date below. For all change requests, actual hours will be billed. Freight and shipping
costs will be billed upon project completion. Projects requiring 5 or more hours will be billed 50% at project approval and 50% upon
completion of the project/work as described and approved in this document. All other projects will be billed upon completion of the
work described and approved in this document. Projects cancelled or otherwise held from production without final approval after
the work effort has been completed, will be billed at the full rate.
DOCUMENT CONTROL
DOCUMENT AUTHOR: Mandisa Brown DATE: Thursday, March 25, 2021
972.462.5436 (Estimate Valid for 30 Days)
mbrown@dataprose.com
PROJECT NAME: Baker Addition/Text Changes DISTRIBUTION: Mandisa Brown
Ruben Ruiz
PROJECT DESCRIPTION/DETAILS
Update the wording to the Delinquent Notices.
Add a back page.
(The bill package price will increase by $0.007 with the addition of the backer)
LEVEL OF EFFORT: 2 Hours @ $125/Hr.
TOTAL PROJECT COST: $250.00
PROJECT APPROVAL
SIGNATURE ACKNIWLEDGES ALL TERMS AND CONDITIONS AND AUTHORIZES DATAPROSE TO COMPLETE THE WORK AS DESCRIBED ABOVE.
NAME /y/q7,,/
Version 1.0 (Last Updated — 3/25/2021 12:29 P )
SIGNATURE
DATE OF APPROVAL
** Contractor agrees to perform change(s) included in this Contract Amendment for the price, scope and/or time indicated. The prices for changes include
all costs associated with this Contract Amendment.
No work shall be performed until this Amendment is executed and a changed purchase order has been issued by the City.
Upon execution by all parties, the changes identified for the Contract Value and/or Contract Time shown, are made part of the Contract, and all
other provisions of the original contract shall remain in full force and effect.
GSA Amendment 2 of 2 4/2019
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
General Services Contract
This Contract (Contract) is made between the City of Pearland, Texas (City),
and Contractor. The City and Contractor agree to the terms and conditions of this Contract, which
consists of the following parts:
1. Summary of Contract Terms
II. Signatures
III. Standard Contractual Provisions
IV. Special Terms and Conditions
V. Additional Contract Attachments
1. Summary of Contract Terms.
Contractor:
DataProse, LLC
1122 W. Bethel Rd., Suite 100
Coppell, TX 75019
Description of Services: Contractor will provide Printing and Mailing of the City's Utility Bills,
per the specifications of City of Pearland Bid # 0619-50. R2020-166.
Contract Type: Unit Price Contract, Estimated Amount of $245,000.
Effective Date: September 17, 2020
Termination Date: September 16, 2021
Renewal: One (1) renewal option available, upon the mutual agreement of
both parties.
11. Signatures. By signing below, the parties agree to the terms of this Contract:
CITY OF PEA „ 9;,o„
John MccarterP-1DN =d h M«atte,.�"rya`
,e il-jd,o�=F,@a ,. 9-22-2020
mail=020.N.er@pearl56 d 5W -US
Date: 1020.09.33 10:15:56 -05'00'
Assistant Finance Director Date
/Z 4 et�
*Sijed by: Vab�_75 .SC,�,
City Manager 0
Assistant City Manager
Director
Superintendent/Manager
CONTRACTOR:
Title: G 1 i--' - ; l�
Date: 1 ? / V .
*Contract Signature Authority: Superintendent/Manager -$5,999 or less
Director - $6,000 to S30,000
City Manager/Assistant City Managers - $30,001 to $50,000
City Council Resolution - $50,000+
Paae 1 of 4
Ill. Standard Contractual Provisions.
A. Definitions.
Contract means this Standard Services Contract.
Services means the services for which the City solicited bids or received proposals as
described in ,exhibit A, attached hereto.
B. Services and Payment. Contractor will furnish Services to the City in accordance with the
terms and conditions specified in this Contract. Contractor will bill the City for the Services
provided at intervals of at least 30 days, except for the final billing. The City shall pay
Contractor for the Services in accordance with the terms of this Contract, but all payments to
be made by the City to Contractor, including the time of payment and the payment of interest
on overdue amounts, are subject to the applicable provisions of Chapter 2251 of the
Government Code.
C. Termination Provisions.
(1) City Termination for Convenience_ Under this paragraph, the City may terminate
this Contract during its term at any time for the City's own convenience where the
Contractor is not in default by giving written notice to Contractor. If the City terminates
this Contract under this paragraph, the City will pay the Contractor for all services
rendered in accordance with this Contract to the date of termination.
(2) Termination for Default. Either party to this Contract may terminate this Contract
as provided in this paragraph if the other party fails to comply with its terms. The
party alleging the default will give the other party notice of the default in writing citing
the terms of the Contract that have been breached and what action the defaulting
party must take to cure the default. If the party in default fails to cure the default as
specified in the notice, the party giving the notice of default may terminate this
Contract by written notice to the other party, specifying the date of termination.
Termination of this Contract under this paragraph does not affect the right of either
party to seek remedies for breach of the Contract as allowed by law, including any
damages or costs suffered by either party.
(3) Multi -Year Contracts and Funding. If this Contract extends beyond the City's fiscal
year in which it becomes effective or provides for the City to make any payment during
any of the City's fiscal years following the City's fiscal year in which this Contract
becomes effective and the City fails to appropriate funds to make any required
Contract payment for that successive fiscal year and there are no funds from the City's
sale of debt instruments to make the required payment. then this Contract
automatically terminates at the beginning of the first day of the City's successive fiscal
year of the Contract for which the City has not appropriated funds or otherwise
provided for funds to make a required payment under the Contract.
D. Liability and Indemnity. Any provision of any attached contract document that limits the
Contractor's liability to the City or releases the Contractor from liability to the City for actual
or compensatory damages, loss, or costs arising from the performance of this Contract or
that provides for contractual indemnity by one party to the other party to this Contract is not
applicable or effective under this Contract. Except where an Additional Contract Document
provided by the City provides otherwise, each party to this Contract is responsible for
defending against and liable for paying any claim, suit, or judgment for damages, loss, or
costs arising from that party's negligent acts or omissions in the performance of this Contract
in accordance with applicable law_ This provision does not affect the right of either party to
this Contract who is sued by a third party for acts or omissions arising from this Contract to
bring in the other party to this Contract as a third -party defendant as allowed by law.
E. Assignment. The Contractor shall not assign this Contract without the prior written
consent of the City.
F. Law Governing and Venue. This Contract is governed by the law of the State of Texas
and a lawsuit may only be prosecuted on this Contract in a court of competent jurisdiction
located in or having jurisdiction in Brazoria County, Texas.
G. Entire Contract. This Contract represents the entire Contract between the City and the
Contractor and supersedes all prior negotiations, representations, or contracts, either written
or oral. This Contract may be amended only by written instrument signed by both parties.
N. Independent Contractor. Contractor shall perform the work under this Contract as an
independent contractor and not as an employee of the City. The City has no right to
supervise, direct, or control the Contractor or Contractor's officers or employees in the
means, methods, or details of the work to be performed by Contractor under this Contract.
The City and Contractor agree that the work performed under this Contract is not inherently
dangerous, that Contractor will perform the work in a workmanlike manner, and that
Contractor will take proper care and precautions to insure the safety of Contractor's officers
and employees.
I. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to
resolve any disputes that may arise between them regarding this Contract. If either party
disputes any matter relating to this Contract, the parties agree to try in good faith, before
bringing any legal action, to settle the dispute by submitting the matter to mediation before a
third party who will be selected by agreement of the parties. The parties will each pay one-
half of the mediator's fees.
J. Attorney's Fees. Should either party to this Contract bring suit against the other party for
breach of contract or for any other cause relating to this Contract, neither party will seek or
be entitled to an award of attorney's fees or other costs relating to the suit.
K. Severability. If a court finds or rules that any part of this Contract is invalid or unlawful, the
remainder of the Contract continues to be binding on the parties.
1V. Special Terms or Conditions. None.
V. Additional Contract Documents. The following specified documents attached to this Contract
are part of this Contract. Any provision contained in the Contractor's Additional Contract Documents
that conflicts with this Contract shall have no legal effect.
A. Contractor's Additional Contract Documents:
1. The contractor's response to bid # 0619-50 shall be construed as additional contract
documents.
2. Executed Contractor Insurance Requirements & Agreement (required insurance
certificate[s] shall be in possession of City at actual commencement of work).
B. City's Additional Contract Documents:
1. Scope of Services as listed on the attached.
EXHIBIT A
CONTRACTOR'S SCOPE OF SERVICES
Scope of services shall consist of the contractor providing printing and mailing of water bills for the
City's Utility Billing department. Service to include print file manipulation, material, laser printing, and
mailing utilizing digit automation for postal discount rates per the specifications set forth in Bid #0619-
50 and Contractor's response to the same; City Council Resolution #R2020-166. Pricing is as follows
per contractor's response to the same, as listed below:
Est
Line Description UOM QtY
Unit Cost
Cost Per Each Utility Bill including all
production, labor, material and any other
1
related cost.
EA
451800
$0.082
Cost Per Each Delinquent Notice
including all production, labor, material
2
I and any other related cost.
EA
66600
$0.075
USPS Postage Rate - Based on
j
Automated 5 Digit Discount (estimated at
3
95% of totalquantity)
EA
492480
$0.386
USPS Postage Rate - Based on
Automated 3 Digit Discount (estimated at
4
5% of totalquantity)
EA
25920
$0.412
Programming Cost - Development of Data
File To Allow Processing/Manipulation Of
5
The City's Billing Print File.
EA
1
$0.00
Charge Per Usage of National Change of
6
Address (NCOA).
EA
1
$0.20
Miscellaneous Mailings - 112 page inserts,
7
one sided
EA
1
$0.027
Miscellaneous Mailings - full page inserts,
8
one sided
EA
1
$0.039
9
Additional Cost
EA
1
$0.01
*Optional Charges/Services:
Set-up City of Pearland FTP Site
— City to retrieve PDF's
— Unlimited Password protected City access
— Charge is flat monthly fee. There is no set-up cost.
Additional Impressions
Oversized bills (8-99 pages) — includes 9 x 12 envelope
— House -holding
Oversized bills (100+ pages) — includes box
Additional programming —client requested/approved
NCOALink (Address Correction/Update)
Offline folding
Special Handling — Overnight + FedEx charge
Estimated Postage Cost / 1-3oz. Piece — Based on the lowest
possible 5 -digit zip code rate. Actual postage will apply.**
**January 2020 USPS increased rates and 1-3 oz rate is currently
$150/Month
$0.035 Each
$0.35 Each
$4.00 Each
$125 Hour
$0.20 Correction
$0.005 Each
Cost Each
$0.380 Each
386. W k__YVL I ) J I )AVIA
Bid # 0619-50
Title Printing and Mailing of Water Bills
Line Items
EXHIBIT A
QuestMark Information
Level One Management DataProse, LLC PCI Group
Line Description UOM Est Qty
Unit
Extended
Unit
Extended
Unit
Extended
Unit
Extended
Cost Per Each Utility Bill including all
production, labor, material and any other
1
related cost.
EA
451800
$0.078
$35,240.40
$0.077
$34,788.60
$0.082
$37,047.60
$0.079
$35,692.20
Cost Per Each Delinquent Notice including all
production, labor, material and any other
2
related cost.
EA
66600
$0.08
$5,328.00
$0.077
$5,128.20
$0.075
$4,995.00
$0.079
$5,261.40
USPS Postage Rate - Based on Automated 5
Digit Discount (estimated at 95% of total
3
quantity)
EA
492480
$0.378
$186,157.44
$0.383
$188,619.84
$0.38
$187,142.40
$0.383
$188,619.84
USPS Postage Rate - Based on Automated 3
Digit Discount (estimated at 5% of total
4
quantity)
EA
25920
$0.408
$10,575.36
$0.412
$10,679.04
$0.412
$10,679.04
$0.412
$10,679.04
Programming Cost - Development of Data
File To Allow Processing/Manipulation Of The
5
City's Billing Print File.
EA
1
$0.01
$0.01
$0.00
$0.00
$0.00
$0.00
$0.01
$0.01
Charge Per Usage of National Change of
6
Address (NCOA).
EA
1
$0.001
$0.001
$0.0001
$0.0001
$0.20
$0.20
$0.01
$0.01
Miscellaneous Mailings - 1/2 page inserts, one
7
sided
EA
1
$0.015
$0.015
$0.015
$0.015
$0.027
$0.027
$0.01
$0.01
Miscellaneous Mailings - full page inserts, one
8
sided
EA
1
$0.02
$0.02
$0.025
$0.025
$0.039
$0.039
$0.03
$0.03
9
Additional Cost
I EA
I 1
$0.011
$0.011
$0.00
$0.00
$0.01
$0.01
$0.01
$0.01
Total $237,301.256 $239,215.7201 $239,864.316 $240,252.55
Bid # 0619-50
Title Printing and Mailing of Water Bills
Line Items
Formmaker Software
Inc. (dba KUBRA) VariVerge, LLC Zvtron, Inc.
Line Description UOM Est Qty
Unit
Extended
Unit
Extended
Unit
Extended
Cost Per Each Utility Bill including all
production, labor, material and any other
1
related cost.
EA
451800
$0.1045
$47,213.10
$0.12
$54,216.00
$0.124
$56,023.20
Cost Per Each Delinquent Notice including all
production, labor, material and any other
2
related cost.
EA
66600
$0.0815
$5,427.90
$0.094
$6,260.40
$0.082
$5,461.20
USPS Postage Rate - Based on Automated 5
Digit Discount (estimated at 95% of total
3
quantity)
EA
492480
$0.38
$187,142.40
$0.383
$188,619.84
$0.383
$188,619.84
USPS Postage Rate - Based on Automated 3
Digit Discount (estimated at 5% of total
4
quantity)
EA
25920
$0.409
$10,601.28
$0.412
$10,679.04
$0.412
$10,679.04
Programming Cost - Development of Data
File To Allow Processing/Manipulation Of The
5
City's Billing Print File.
EA
1
$0.00
$0.00
$0.00
$0.00
$1,300.00
$1,300.00
Charge Per Usage of National Change of
6
Address (NCOA).
EA
1
$0.15
$0.15
$0.005
$0.005
$0.0005
$0.0005
Miscellaneous Mailings - 1/2 page inserts, one
7
sided
EA
1
$0.018
$0.018
$0.035
$0.035
$0.025
$0.025
Miscellaneous Mailings - full page inserts, one
8
sided
EA
1
$0.024
$0.024
$0.04
$0.04
$0.04
$0.04
9
jAdditional Cost
EA
1
$0.0051
$0.0051
$0.00
$0.001
$2,400.001
$2,400.00
Total $250,384.877 $259,775.36 $264,483.3455