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R2021-177 2021-08-23RESOLUTION NO. R2021-177 A Resolution of the City Council of the City of Pearland, Texas, renewing a contract with the Pearland Reporter News as the official newspaper of record for publishing City legal notices, at the price of $6.00 per column inch, for the period of September 17, 2021 to September 16, 2022. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City previously solicited competitive bids for the Official Newspaper of Record in the City. Section 2. That the City Council hereby renews a contract with the Pearland Reporter News, at the rate of $6.00 per column inch of legal advertisements. Section 3. The City Manager or his designee is hereby authorized to execute a contract with the Pearland Reporter News. PASSED, APPROVED and ADOPTED this the 23rd day of August, A.D., 2021. J VIN COLE AYOR ATST: YSTAL ROAN, TRMC, CMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY , Bid # 0820-54 Title Official Newspaper for City of Pearland EXHIBIT A Reporter News (Woodland Publishing Inc.) LINE ITEMS Line Description UOM QTY Unit 1 LEGAL NOTICES TO RUN ONE WEEKDAY ONLY, PRICE PER COLUMN INCH EA 100 $6.00 2 COST TO PRINT EXHIBIT A (BID NOTICE), AS SHOWN IN BID SPECIFICATIONS (ONE WEEKDAY ONLY) EA 50 $48.00 3 COST TO PRINT EXHIBIT B (JOINT PUBLIC HEARING), AS SHOWN IN BID SPECIFICATIONS (ONE WEEKDAY ONLY) EA 20 $48.00 4 COST TO PRINT EXHIBIT C (ORDINANCE), AS SHOWN IN BID SPECIFICATIONS (ONE WEEKDAY ONLY) EA 20 $30.00 mot rFg9!' City of Pearland 3519 Liberty Drive "sr, j8qa Pearland, TX 77581 SERVICE CONTRACT NO. 0820-54 Newspaper of Record THIS CONTRACT("Contract")is entered into by and between the City of Pearland, a Texas home- rule municipal corporation ("City") and Contractor("Contractor"), and consisting of the following parts: I. Summary of Contract Terms II. Signatures III. Standard Contractual Provisions IV. Special Terms and Conditions V. Additional Contract Attachments I. Summary of Contract Terms. Contractor: Reporter News (Woodland Publishing, Inc.) 2407 S. Park Avenue Pearland, TX 77581 Description of Services: Official Newspaper of Record for the City of Pearland and will provide as needed publications. Contract Amount: Estimated Annual Amount of$10,000 Effective Date: September 17, 2021 End Date: September 16, 2022 Renewals: One Renewal Remaining, Upon Mutual Agreement of Both Parties Resolution No/Bid No: R2021-177 II. Signatures CITY OF PEARLAND CONTRACTOR Aug 24,2021 lagta E!A/1107,,f Pur asing • • .- •r Date Title: Owner/Publisher Date: Aug 24,2021 it,/ 4 *Signed by: Date }Superintendent/Manager 1/Director Deputy/Assistant City Manager City Manager *City Contract Signature Authority: Superintendent/Manager— up to $10,000 Director- $10,001 - $30,000 City Manager/Deputy/Assistant City Manager- $30,001 + City Council Resolution over $50,000 Service Contract Standard Form Page 1 of 7 Approved as to Legal Form 6.28.2021 III. Standard Contract Provisions WHEREAS, Contractor has bid to provide Services ("Services") in response to Request for Bid/Proposal or Quote No. 0820-54 ("Solicitation"), which Solicitation includes the required scope of work and all specifications and which Solicitation and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Contract as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Services in accordance with the attached Scope of Work, as detailed in Attachment A, the content of which is incorporated by reference into this Contract as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Contract is for one year, with performance commencing upon the effective date or the date of issuance of the notice to proceed issued by the Contract Administrator or the Purchasing Division, or upon the performance date listed in the notice to proceed, whichever is later. The parties may mutually extend the Term of this Contract for up to two additional one-year periods ("Option Period(s)"), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Contract is for an estimated amount of $10,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within thirty (30) days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated, in its entirety, by reference into this Contract. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Invoices will be emailed to the following email address with a copy provided to the Contract Administrator: City of Pearland Attn: Accounts Payable Email: accountspayable(a�pearlandtx.gov 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Contract, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Contract is as follows: Name: Crystal Roan Department: City Secretary's Office Phone: 281-652-1655 Email: croan@pearlandtx.gov 5. Insurance; Bonds. (A) Before performance can begin under this Contract, the Contractor must deliver a Certificate of Insurance ("COI"), as proof of the required insurance coverages, to the City's Contract Administrator. Additionally, the COI must state that the City shall be Service Contract Standard Form Page 2 of 7 Approved as to Legal Form 6.28.2021 provided no less than thirty (30) days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within ten (10) days of the City Manager or his designee's written request. Insurance requirements are as stated in Attachment C, the entirety of which is incorporated by reference into this Contract. (B) Contractor shall provide any required payment bond, performance bond, or both, prior to commencement of performance under this Contract. The terms, conditions, and amounts of the bonds and appropriate surety information shall be included in the RFB/RFP or as may be added to Attachment C, and such content, the entirety of which, shall be incorporated into this Contract. 6. Purchase Release Order. For multiple-release purchases of Services provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: the authorized City department or division shall send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order shall refer to this Contract, and Services shall not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re- working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, shall be paid by the Contractor within thirty (30) days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Contract are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Contract shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated therein. Attachment D, the entirety of which, is attached to this is incorporated into this Contract. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments.Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Contract including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Contract after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Contract as an expenditure in said budget, and it is Service Contract Standard Form Page 3 of 7 Approved as to Legal Form 6.28.2021 within the sole discretion of the City's City Council to determine whether or not to fund this Contract. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor shall perform all work required by this Contract as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors unless the subcontractors were identified in the bid/quote/proposal or approved by the Contract Administrator. 13. Amendments. This Contract may be amended or modified only in writing and executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Contract waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Contract must be given by hand delivery, or certified mail, postage prepaid, and is deemed received on the day hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Pearland Attn: Julie Blackmore Title: Contract Administrator Address: 3519 Liberty Dr, Pearland, TX 77581 Phone: 281-652-1790 IF TO CONTRACTOR: Reporter News (Woodland Publishing, Inc.) Attn: Laura Emmons Title: Publisher/Owner Address: 2407 S. Park Avenue, Pearland, TX 77581 Phone: 281-485-7501 17. 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 Service Contract Standard Form Page 4 of 7 Approved as to Legal Form 6.28.2021 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. 18. 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. 19. 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. 20. Termination. (A) 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. (B) 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 shall provide 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 pursuant 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. 21. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Contract. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 22. Limitation of Liability. The City's maximum liability under this Contract is limited to the total amount of compensation listed in this Contract. In no event shall the City be liable for incidental, consequential or special damages. 23. Assignment. No assignment of this Contract by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Contract by the Contractor is of the essence of this Contract, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 24. Severability. Each provision of this Contract is considered to be severable and, if, for any Service Contract Standard Form Page 5 of 7 Approved as to Legal Form 6.28.2021 reason, any provision or part of this Contract is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Contract that are valid, but this Contract shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 25. Order of Precedence. In the event of any conflicts or inconsistencies between this Contract, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Contract (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 26. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Contract if required by said statute for items approved by the City Council. 27. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Contract. The applicable law for any legal disputes arising out of this Contract is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Brazoria County, Texas. 28. H.B. 89. In accordance with Chapter 2270 of the Texas Government Code, the signatory executing this contract on behalf of company verifies that the company does not boycott Israel and will not boycott Israel during the term of this contract. This clause is subject to companies with ten or more full time employees and the contract value is $100,000 or more that is to be paid wholly or partially with public funds of the governmental entity. 29. Public Information Act Requirements. This paragraph applies only to Contracts that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, regarding certain entities requirement to provide contracting information to governmental bodies in connection with a public information request, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 30. Entire Agreement. This Contract constitutes the entire agreement between the parties concerning the subject matter of this Contract and supersedes all prior negotiations, arrangements, agreements, and understandings, either oral or written, between the parties. IV. Special Terms and Conditions. None V. Additional Contract Documents Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Service Contract Standard Form Page 6 of 7 Approved as to Legal Form 6.28.2021 Incorporated by Reference Only: Exhibit 1: RFB/RFP/Quote No. 0820-54 Exhibit 2: Contractor's Bid/Proposal Response Service Contract Standard Form Page 7 of 7 Approved as to Legal Form 6.28.2021 ATTACHMENT A- SCOPE OF WORK 1.1 The contractor is expected to perform all work in a competent and professional manner. 1.2 Contractor must be capable of receiving notices prepared by the City of Pearland via: 1.2.1 Electronic transfer text copies (e-mail). 1.2.2 Text and/or Graphic copies via in-person pick up by vendor from the City Secretary's office upon request (not often required). 1.3 The contractor must republish any incomplete or incorrect notices in their entirety in the next publication at no charge to the City. 1.4 The contractor must be able to submit an invoice, within thirty (30) days of publication or sooner, for the publication of notices. A separate invoice will be required for each requesting City department. A list of the departments will be available. 1.5 Certified Affidavit: Upon distribution of the invoice, the publisher will submit electronically to the Purchasing Department a publisher's affidavit, by department, with copy of advertisement of the published notice(s) and a certified statement by the publisher that includes the following information: 1.5.1 States the rate charged; 1.5.2 Certifies that the rate charged is the newspaper's lowest published rate for classified advertising; 1.5.3 Certifies the dates of the publication. Note: Additional affidavits will be furnished at no charge upon request. 1.6 On circulation day, the contractor will provide fifteen (15) no charge copies of the newspaper to be delivered to the City's Secretary's Office for distribution. 1.7 Contractor should have website presence,with capability to post City's legal notices to paper's website. Contractor should submit any supporting documentation available to substantiate number of"hits" or "views" on its website. 1.8 Failure to consistently meet all requirements within the bid specifications and/or time constraints without expressed written approval of the City will be considered as non-performance and may affect continuation of the existing contract and/or renewal options. 2.0 STATUTORY REQUIREMENTS/GOVERNMENT CODE REQUIREMENT 2.1 Chapter 2051.044 Type of Newspaper Required 2.1.1 Devote not less than 25 percent of its total column lineage to general interest items; 2.1.2 Be published at least once each week; 2.1.3 Be entered as second-class postal matter in the county where published; 2.1.4 Have been published regularly and continuously for at least 12 months before the governmental entity or representative publishes notice. 2.1.5 A weekly newspaper has been published regularly and continuously under Subsection (a) if the newspaper omits not more than two issues in the 12-month period. 2.2 Chapter 2051.045 Legal Rate Charged for Publication The legal rate for publication of a notice in a newspaper is the newspaper's lowest published rate for classified advertising. 2.3 City Charter Requirements(Chapter 10.03): The Council shall contract annually with, and by resolution designate, a public newspaper of general circulation in the city as [the] official organ thereof,and to continue as such until another is designated, and shall cause to be published therein all ordinances of the city, or by the constitution and laws of the State of Texas,to be published. 3.0 PERSONNEL 3.1 Contractor agrees at all times to maintain an adequate staff of experienced and qualified employees to support the City of Pearland and to ensure efficient performance. 3.2 Contractor shall maintain a staffed office to handle any issues in a quick and responsible manner, and for specific job related information during normal working hours, 8:00 a.m.to 5:00 p.m.,five (5) days a week. 3.3 Contractor shall have available to the City of Pearland a specified account liaison to handle any problems regarding billing, deliveries, discrepancies,etc. ATTACHMENT B — BID/PRICING SCHEDULE LINE ITEMS Line Description UOM EST QTY UNIT COST LEGAL NOTICES TO RUN ONE WEEKDAY 1 ONLY, PRICE PER COLUMN INCH EA 100 $6.00 COST TO PRINT EXHIBIT A (BID NOTICE), AS SHOWN IN BID SPECIFICATIONS 2 (ONE WEEKDAY ONLY) EA 50 $48.00 COST TO PRINT EXHIBIT B (JOINT PUBLIC HEARING), AS SHOWN IN BID 3 SPECIFICATIONS (ONE WEEKDAY ONLY) EA 20 $48.00 COST TO PRINT EXHIBIT C (ORDINANCE), AS SHOWN IN BID 4 SPECIFICATIONS (ONE WEEKDAY ONLY) EA 20 $30.00 ATTACHMENT C - INSURANCE REQUIREMENTS Contractors performing work on City property or public right-of-way for the City of Pearland shall provide the City a certificate of insurance or a copy of their insurance policy(s) evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor's policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of Pearland. Listed below are the types and amounts of insurances required. The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work. Type of Insurance Amount of Insurance Provisions 1. Workers' Compensation Statutory Limits City to be provided a WAIVER Employers' Liability $100,000 per occurrence OF SUBROGATION and 30-day notice of cancellation or material change in coverage. 2. Commercial General Personal Injury-$1,000,000 per City to be listed as additional (Public) Liability to include person; Property Damage- insured and provided 30-day coverage for: $1,000,000 per occurrence; notice of cancellation or a) Premises/Operations General Aggregate- material change in coverage. b) Products/Completed $1,000,000 Operations c) Independent Contractors d) Personal Injury e) Contractual Liability 3. Business Auto Liability to Combined Single Limit- City shall be provided 30-day include coverage for: $1,000,000 notice of cancellation or a) Owned/Leased material change in coverage. vehicles b) Non-owned vehicles c) Hired vehicles Certificate of Insurance forms may be sent to Purchasing Department. ATTACHMENT D - WARRANTY NONE 0820-54 Contract - Official Newspaper Record - Reporter News 2021 Final Audit Report 2021-08-24 Created: 2021-08-24 By: Julie Blackmore(jblackmore@pearlandtx.gov) Status: Signed Transaction ID: CBJCHBCAABAAZJgiDVjg8XVvnjnU6g04Vd_zD81xLr6t "0820-54 Contract - Official Newspaper Record - Reporter News 2021 " History ,t Document created by Julie Blackmore (jblackmore@pearlandtx.gov) 2021-08-24-1:56:14 PM GMT-IP address: 170.76.141.2 E, Document emailed to Laura Emmons (Iaurae3009@yahoo.com)for signature 2021-08-24-1:58:16 PM GMT ,t Email viewed by Laura Emmons (Iaurae3009@yahoo.com) 2021-08-24-1:59:19 PM GMT-IP address:98.139.133.172 L5j Document e-signed by Laura Emmons (laurae3009@yahoo.com) Signature Date:2021-08-24-4:35:51 PM GMT-Time Source:server-IP address:73.32.120.91 a Document emailed to Kristen Woolley(kwoolley@pearlandtx.gov)for signature 2021-08-24-4:35:53 PM GMT ,t Email viewed by Kristen Woolley (kwoolley@pearlandtx.gov) 2021-08-24-6:01:44 PM GMT-IP address: 170.76.141.2 6© Document e-signed by Kristen Woolley(kwoolley@pearlandtx.gov) Signature Date:2021-08-24-6:01:59 PM GMT-Time Source:server-IP address: 170.76.141.2 O Agreement completed. 2021-08-24-6:01:59 PM GMT 0 Adobe Sign