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Home My WebLink AboutC03-09CONTRACT FOR LEGAL ADVERTISING Cc9^ -cO THIS AGREEMENT is entered into this 24th day of November, 2003, by and between the City of Colorado Springs ("City") and Colorado Publishing Co. d/b/a Daily Transcript ("Daily Transcript"). 1. The City has prepared and solicited requests for proposals for legal advertising services. Daily Transcript submitted a responsive bid and has been awarded this Contract in accord with the City's purchasing guidelines and procedure. 2. The Bid Documents, including the notice to bidders, the proposal and any attached documents and materials, are incorporated into and made a part of this Contract. 3. For the period commencing January 1, 2004, and ending December 31, 2004, Daily Transcript agrees to publish the City's ordinances, liquor notices, Planning Commission and Hearing Officer agendas in accord with the provisions of the Bid Documents. 4. The City will pay Daily Transcript for each month's advertising at the rates specified in the Bid Documents. 5. In the event Daily Transcript is unable to accept copy for publication due to its deadline schedule, the City may publish in another newspaper of its own choosing without penalty. 6. Daily Transcript agrees to pick up hard copy notices generated by the Planning Department (Planning Commission and Hearing Officer agendas) directly from the Planning Department. 7. Accurate and timely publication of the City's legal notices is essential to the City's interest in this Contract. Repeated inaccuracies or untimely publication by Daily Transcript shall be cause for immediate termination of this Contract unless the inaccuracies or untimeliness is directly attributable to the City. The City shall give Daily Transcript written notice of termination, addressed to Daily Transcript, 31 E. Platte, Suite 300, Colorado Springs, CO 80903. Upon termination, the City shall make any payment due and owning to Daily Transcript for publications prior to the date of termination and all obligations ofthe parties under this Contract shall terminate. 8. In accord with the City Charter, performance of the City's obligations under this Contract are expressly subject to appropriation of funds by the City Council. Further, in the event that funds are not appropriated in whole or in part sufficient for performance of the City's obligations under this Contract, or appropriated funds may not be expended due to City Charter spending limitations, then the City may terminate this Contract without compensation to Daily Transcript. 9. Daily Transcript shall not assign or otherwise transfer this Contract or any right or obligation hereunder without the prior written consent of the City. 10. This Contract is subject to and shall be interpreted under the law of the State of Colorado, and the Charter, City Code, Ordinances, Rules and Regulations of the City of Colorado Springs, Colorado, a Colorado Home Rule City. Court Jurisdiction shall exclusively be in the District Court for the Fourth Judicial District of Colorado. Daily Transcript shall insure that it and its employees, agents, and officers are familiar with, and comply with, applicable Federal, State, and Local laws and regulations as now written or hereafter amended. 11. Daily Transcript agrees that it shall indemnify, defend and hold harmless the City, its officers, employees and agents, from and against any and all loss, damage, injuries, claims, cause or causes C03-09 | General Administrative Records | Agreements & Contracts | Imported | 37227 | 12/31/2003 | 12/31/2003 | of action,or any liability whatsoever resulting from,or arising out of,orinconnection with Daily Transcript's obligations or actions under this Contract. In the performance of Daily Transcript's obligations under tbis Contract, it is understood, acknowledged and agreed between the parties that Daily Transcript is at all times acting and performing as an Independent Contractor. The City shall neither have nor exercise any control or direction over tbe manner and means by wbicb DailyTranscript performs its obligations under tbis Contract, except as otherwise stated witbintbe Contract terms. DailyTranscript understands and agrees that it and its employees, agents, servants, or other personnel are not City employees. Daily Transcriptshall be solely responsible for payment ofsalaries, wages, payroll taxes, unemployment benefits or any other form of compensation or benefit to DailyTranscript or its employees,agents, servants or other personnel performingservicesorworkunderthisContract, whetheritbeof a direct or indirect nature. Further,it is expressly understood and agreed that for suchpurposes neither DailyTranscript nor its employees, agents,servants or other personnel shall be entitled to any City payroll, insurance, unemployment, worker's compensation, retirement or any other benefits whatsoever. Tbe parties bave executed this Contract as ottbe day and yearfirstwritten above. CiT^CFCOLCRAOCSPRiNGS COL0^^0^8^^GCO. d/b/a DAILY TRANSCRIPT ATTEST: ATTEST: OFFICE OF THE CITY CLERK DATE: November 26, 2003 TO: City Council FROM: Kathryn M. Young, C SUBJECT: Legal Bid Opening Bids were opened at 10:00 a.m., November 24, 2003 for the legal publications contract beginning January 1, 2004. Bids were received from the Daily Transcript and the Colorado Springs Business Journal. Attached is a copy ofthe bids received. Through this report, I am recommending that the 2004 contract for legal advertisements be awarded to the Daily Transcript, thereby designating said newspaper as the official City newspaper for the year 2004 with the Gazette publishing certain legal notices on an as-needed basis. If there is no objection or discussion raised by Council, please consider this memorandum as notice for determination of legal advertisements for the year 2004. C: Patricia Kelly, City Attorney Lome C. Kramer, City Manager Daily Transcript File s 30 S. Nevada Ave., Suite 101 • TEL 719-385-5901 Mailing Address: Post Office Box 1575, Mail Code 110* Colorado Springs, Colorado 80901 -1575 COMPANY 1st insert 2nd insert display employment circulation deadline C.S. Business Journal 1.09/line 1.09/line $15.25/col. inch $15.25/subsequent 1.09/line 15.25/per inch 5603 Weekly 5 business days Daily Transcript .37/line .26/line subsequent $4.75/col.inch $3.25 subsequent $.17/agate $2.38/col. In M-F except Legal holidays 209 M-F 1 business day 31 E. Platte Ave., Suite 300 • Colorado Springs, CO 80903-1246 (719) 634-1048 • Fax Number: (719) 634-0596 November 24, 2003 The Honorable Mayor and Members ofthe City Council Colorado Springs, Colorado As the Publisher ofthe Daily Transcript, I am pleased to submit the attached bid proposal for publication of legal notices, display advertisements and classified employment advertisements for the City of Colorado Springs. The Daily Transcript is a newspaper of general circulation and meets all requirements set forth in the Colorado Revised Statutes as a legal publication for the purpose of publishing legal notices. Sincerely, ATTACHMENTS 1. Bid Proposal 2. Verification of Legal Newspaper of General Circulation 3. Statement of Ownership, Management and Circulation 4. Bid Bond Member ofthe American Court and Commercial Newspaper Association National Newspaper Association and Colorado Press Association 31 E. Platte Ave., Suite 300 • Colorado Springs, CO 80903-1246 (719) 634-1048 • Fax Number: (719) 634-0596 The Honorable Mayor and City Councilmembers Colorado Springs, Colorado The undersigned being familiar with Notice to Bidders for proposals for legal advertising and classified employment advertising for the City of Colorado Springs and being further familiar with the requirements imposed by said City for said advertising and the information to be furnished in submitting proposals for the advertising and publishing, hereby proposes to, as directed by the City, for the period of one year from about January 1, 2004 (pending publications to be excluded) for the following prices, and terms, and conditions, and furnishes the following information, and proofs: 1. The price per line single column nonpareil type for one, two, three, four or five insertions. The text of an ordinance shall be considered as a second, or subsequent insertion, after the first publication. One insertion: $0.37 per line Subsequent insertions: $0.26 per line 2. The price per column inch for display advertisement, with border, for one, two, three, four and five insertions is as follows: One insertion: $4.75 per column inch Subsequent insertions: $3.25 per column inch 3. The price per line for classified employment advertisement placed by the City Personnel Department, minimum six point, is charged at fourteen lines per column inch. Rate per line: $0.17 per agate line Rate per inch: $2.38 per inch 4. The Daily Transcript supplies the following information as proof that it is a general circulation newspaper, for the purpose of publishing legal notices, in accordance with Colorado law: See Attachment 2 31 E. Platte Ave., Suite 300 • Colorado Springs, CO 80903-1246 (719)634-1048 • Fax Number: (719) 634-0596 5. Proof of the average circulation for the newspaper, published by the undersigned, for the year preceding the date of the proposal, is as follows: See Attachment 3 6. The Daily Transcript will accept copy for publication one day before publication, if provided by 10:00 a.m. 7. The Daily Transcript will pick up and deliver all notices from the City Administration Office as needed, will accept notices by facsimile, and/or by e-mail, each business 8. A Corporate Surety Bond in the amount of $5,000.00 will be provided if the Daily Transcript is the successful bidder. A Bid Bond is included as Attachment 4. 9. The Daily Transcript will provide as many copies of The Daily Transcript to the City Clerk's Office, at no charge, on a daily basis, as requested. The undersigned agrees that the City of Colorado Springs reserves the right to reject any or all bids, to waive informalities and irregularities and to accept all or in part, the most advantageous bid submitted, if so desired by the City. Dated at Colorado Springs, Colorado, this 20th day of November, 2003. day. THE DAILY TRANSCRIPT By: fcon Matejczyk Publisher 31 E. Platte Ave., Suite 300 • Colorado Springs, CO 80903-1246 (719) 634-1048 • Fax Number: (719) 634-0596 Subscribed and sworn to before me, a notary public in and for the County qfEl Paso, State, of Colorado, this 20th day of My Commbsion ExpirK 12-0345 = ^ :2 1 WW Attachment 2 ^^^^^^^^^^ ^^^^^ 31 E. Platte Ave., Suite 300 • Colorado Springs, CO 80903-1246 (719) 634-1048 • Fax Number: (719) 634-0596 The Daily Transcript meets or exceeds the requirements of the Colorado Revised Statutes for the purpose of publishing legal notices and advertising, including: C.R.S. 24-70-102. Legal publications. The Daily Transcript is published Monday through Friday excepting legal holidays, and is admitted to the United States mail at the periodicals rate (formerly second class rate). C.R.S. 24-70-103. Requisites of a legal newspaper. The Daily Transcript has been published continuously since 1907 and is a newspaper of general circulation - meaning it is a newspaper publishing news of a general character and of general interest and which circulates among the general public. General circulation as defined by a Colorado House of Representatives Resolution refers to the content of the newspaper and not to the number of newspapers actually placed in the community or county: specifically it is "descriptive of the character of the newspaper" and states that a legal newspaper could not be an advertising "sheet". The Daily Transcript is published in its entirety in El Paso County and is available to the general public either by paid subscription, or by single issue, available at our offices and at newsstands located throughout Colorado Springs. C.R.S. 24-70-107. Rates for legal publications. The attached proposal from The Daily Transcript is below the maximum rate allowed. Our offices are located in El Paso County at 31 E. Platte Avenue, Suite 300, Colorado Springs, Colorado 80903. The Colorado Springs Business Journal November 24, 2003 The Honorable Mayor and Members of the City Council Colorado Springs, Colorado As the Publisher of the Colorado Springs Business Journal, I am pleased to submit the attached bid proposal for publication of legal notices, display advertisements and classified employment advertisements for the City of Colorado Springs. The Colorado Springs Business Journal is a legal newspaper of general circulation and meets all requirements set forth in the Colorado Revised Statutes as a newspaper for the purpose of publishing legal notices, display advertisements and classified employment advertisements advertising. Sincerely Lon wfatejczyk Publisher ATTACHMENTS 1. Bid Proposal 2. Verification of Legal Newspaper of General Circulation 3. Statement of Ownership, Management and Circulation 4. Bid Bond Member of the Colorado Press Association Park Place • 31 E. Platte Avenue, Suite 300, Colorado Springs, Colorado 80903 (719) 634-5905 • FAX (719) 634-5157 • E-mail: Susanna.Venter@csbj.com •http://www.csbj.com The Colorado Springs Business Journal The Honorable Mayor and City Councilmembers Colorado Springs, Colorado The undersigned being familiar with Notice to Bidders for proposals for legal advertising and classified employment advertising for the City of Colorado Springs and being further familiar with the requirements imposed by said City for said advertising and the information to be furnished in submitting proposals for the advertising and publishing, hereby proposes to, as directed by the City, for the period of one year from about January 1, 2004 (pending publications to be excluded) for the following prices, and terms, and conditions, and furnishes the following information, and proofs: 1. The price per line single column nonpareil type for one, two, three, four or five insertions. The text of an ordinance shall be considered as a second, or subsequent insertion, after the first publication. One insertion: $1.09 per line Subsequent insertions: $1.09 per line 2. The price per column inch for display advertisement, with border, for one, two, three, four and five insertions is as follows: One insertion: $15.25 per column inch Subsequent insertions: $15.25 per column inch 3. The price per line for classified employment advertisement placed by the City Personnel Department, minimum six point, is charged at fourteen lines per column inch. Rate per line: $1.09 per agate line Rate per inch: $15.25 per inch 4. The Colorado Springs Business Journal supplies the following information as proof that it is a legal newspaper of general circulation, for the purpose of publishing legal notices, display advertisements and classified employment advertising, in accordance with Colorado law: See Attachment 2 Park Place • 31 E. Platte Avenue, Suite 300, Colorado Springs, Colorado 80903 (719) 634-5905 • FAX (719) 634-5157 • E-mail: Susanna.Venter@csbj.com • http://www.csbj.com The Colorado Springs Business Journal 5. Proof of the average circulation for the newspaper, published by the undersigned, for the year preceding the date ofthe proposal, is as follows: See Attachment 3 6. The Colorado Springs Business Journal will accept copy for publication five days before publication, if provided by 5:00 p.m. 7. The Colorado Springs Business Journal will pick up and deliver all notices from the City Administration Office as needed, will accept notices by facsimile, and/or by e- mail as a "Microsoft Word" document and/or text document, each business day. 8. A Corporate Surety Bond in the amount of $5,000.00 will be provided if the Colorado Springs Business Journal is the successful bidder. A Bid Bond is included as Attachment 4. 9. The Colorado Springs Business Journal will provide as many copies of The Colorado Springs Business Journal to the City Clerk's Office, at no charge, on a weekly basis, as requested. The undersigned agrees that the City of Colorado Springs reserves the right to reject any or all bids, to waive informalities and irregularities and to accept all or in part, the most advantageous bid submitted, if so desired by the City. Dated at Colorado Springs, Colorado, this 20th day of November, 2003. THE COLORADO SPRINGS BUSINESS JOURNAL Park Place • 31 E. Platte Avenue, Suite 300, Colorado Springs, Colorado 80903 (719) 634-5905 • FAX (719) 634-5157 • E-mail: Susanna.Venter@csbj.com •http://www.csbj.com The Colorado Springs Business Journal Subscribed and sworn to before me, a notary public in and for the County of,EI Pase; "State of Colorado, this 20th ^iinHHiU,. My Commission Expires 12-03-05 A%OT^%\ *s s = W\^BL\0/(p^ "•^ooW Park Place • 31 E. Platte Avenue, Suite 300, Colorado Springs, Colorado 80903 (719)634-5905 • FAX (719) 634-5157 • E-mail: Susanna.Venter@csbj.com • http://www.csbj.com Attachment 2 The Colorado Springs Business Journal The Colorado Springs Business Journal meets or exceeds the requirements ofthe Colorado Revised Statutes for the purpose of publishing advertising, including: C.R.S. 24-70-103. Requisites of a legal newspaper. The Colorado Springs Business Journal has been published continuously since 1988 and is a newspaper of general circulation - meaning it is a newspaper publishing news of a general character and of general interest and which circulates among the general public. General circulation as defined by a Colorado House of Representatives Resolution refers to the content of the newspaper and not to the number of newspapers actually placed in the community or county: specifically it is "descriptive of the character of the newspaper" and states that a legal newspaper could not be an advertising "sheet". The Colorado Springs Business Journal is published in its entirety in El Paso County and is available to the general public either by paid subscription, or by single issue, available at our offices and at newsstands located throughout Colorado Springs. Our offices are located in El Paso County at 31 E. Platte Avenue, Suite 300, Colorado Springs, Colorado 80903. Park Place • 31 E. Platte Avenue, Suite 300, Colorado Springs, Colorado 80903 (719) 634-5905 • FAX (719) 634-5157 • E-mail: Susanna.Venter@csbj.com • httpV/www.csbj.com