HomeMy WebLinkAboutAgreement A-10-143-3 with Integrated Voting Solutions Inc..pdf I
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Agreement No. 10-143-3
1 AMENDMENT III TO AGREEMENT WITH INTEGRATED VOTING SOLUTIONS, INC.
2 THIS AMENDMENT III TO AGREEMENT (hereinafter"Amendment III") is made and
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3 entered into this 16th day of June, 2015, by and between COUNTY OF FRESNO, a Political
4 Subdivision of the State of California, Fresno, California (hereinafter"COUNTY"), and
5 Integrated Voting Solutions, Inc., a Corporation, whose address is 1931 G Street, Fresno, CA
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6 93706 (hereinafter "CONTRACTOR").
7 WITNESSETH:
8 WHEREAS, COUNTY and CONTRACTOR entered into Agreement No. 10-143, dated
9 the 23rd of March, 2010 (hereinafter "Agreement'), pursuant to which CONTRACTOR agreed
10 to provide ballot printing, vote by mail processing and vote by mail envelopes to COUNTY;
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12 WHEREAS, COUNTY and CONTRACTOR entered into Amendment No. I, dated the
13 15th of March, 2011 in order to increase the maximum compensation of the Agreement,
14 including an amendment of Exhibit B; and
15 WHEREAS, COUNTY and CONTRACTOR entered into Amendment No. II, dated the
16 23rd of April, 2013 in order to extend the term and increase the maximum compensation of the
17 Agreement, including an amendment of Exhibit B; and
18 WHEREAS, the parties now desire to amend the Agreement, as amended, in order to
19 extend the term of the Agreement by six months through December 31, 2015, with no change
20 in maximum compensation for the entire Agreement; and
21 WHEREAS, all references hereafter to the Agreement, as amended, shall refer to the
22 Agreement, as amended by Amendment I, Amendment II, and Amendment III; and
23 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
24 which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows:
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1 1. That the following text in the Agreement, Page Two (2), beginning with
2 Paragraph Four (4), Line Eleven (11) with the word "TERM", and ending on
3 Page Two (2), Line Sixteen (16) with the word "Agreement' be deleted and the
4 following inserted in its place:
5 "4. TERM
6 This Agreement shall become effective upon execution and shall terminate on
7 the 31 st day of December, 2015."
8 2. That the following text in the Agreement, Page Three (3), beginning with
9 Paragraph Six (6), Line Fourteen (14) with the word
10 "COMPENSATION/INVOICING" and ending on Page Four (4), Line Eight (8)
11 with the word "section" be deleted and the following inserted in its place:
12 "6. COMPENSATION/INVOICING:
13 A. Compensation March 23, 2010 to June 30, 2011
14 For claims submitted for services rendered under this Agreement for the
15 period March 23, 2010 to June 30, 2011, COUNTY agrees to pay
16 CONTRACTOR and CONTRACTOR agrees to receive payments for
17 services and supplies in accordance with Exhibit B (Amendment 1). The
18 maximum compensation amount shall not exceed Five Hundred
19 Twenty-Thousand and No/100 Dollars ($520,000.00).
20 B. Compensation July 1, 2011 to June 30, 2012
21 For claims submitted for services rendered under this Agreement for the
22 period July 1, 2011 to June 30, 2012, COUNTY agrees to pay
23 CONTRACTOR and CONTRACTOR agrees to receive payments for
24 services and supplies in accordance with Exhibit B (Amendment 1). The
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I maximum compensation amount shall not exceed Four Hundred Thirty
2 —Two Thousand and No/100 Dollars ($432,000.00).
3 C. Compensation July 1, 2012 to June 30, 2013
4 For claims submitted for services rendered under this Agreement for the
5 period July 1, 2012 to June 30, 2013, COUNTY agrees to pay
6 CONTRACTOR and CONTRACTOR agrees to receive payments for
7 services and supplies in accordance with Exhibit B (Amendment II).
8 The maximum compensation amount shall not exceed Five Hundred
9 Fifteen Thousand and No/100 Dollars ($515,000.00).
10 D. Compensation July 1, 2013 to December 31, 2015
11 For claims submitted for services rendered under this Agreement for the
12 period July 1, 2013 to December 31, 2015, COUNTY agrees to pay
13 CONTRACTOR and CONTRACTOR agrees to receive payments for
14 services and supplies in accordance with Revised Exhibit B
15 (Amendment III), attached hereto and by this reference incorporated
16 herein. The maximum compensation amount for this period shall not
17 exceed Eight Hundred Eighty Seven Thousand Five Hundred and
18 No/100 Dollars ($887,500).
19 E. Pricing
20 a) Pricing for ballot printing services and supplies, ballot mail processing
21 and envelopes from execution of this Agreement to June 30, 2013
22 will be determined utilizing the pricing from Attachment 2, Cost
23 Proposal Pricing Matrix.
24 b) For the period of July 1, 2013 to December 31, 2015, pricing for
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l ballot printing services and supplies, ballot mail processing and
2 envelopes will be determined utilizing the pricing from Attachment
3 2A, attached hereto and by this reference incorporated herein.
4 c) CONTRACTOR will extend a one percent (1%) discount to the
5 COUNTY for any payments made within ten (10) business days of
6 invoice. CONTRACTOR will offer a two percent (2%) pre-payment
7 discount in a letter to COUNTY prior to each major election. The
8 discount will be in effect for prepayment of work based on the
9 election estimate provided by COUNTY 90 days prior to the
10 scheduled election.
11 F. Maximum Compensation
12 In no event shall services performed during the entire term of this
13 Agreement exceed Two Million Three Hundred Fifty Four Thousand
14 Five Hundred and No/100 Dollars ($2,354,500).
15 G. It is understood that all expenses incidental to CONTRACTOR's
16 performance of services under this Agreement shall be borne by
17 CONTRACTOR.
18 H. CONTRACTOR shall submit invoices in triplicate to County Clerk —
19 Elections Office, 4525 E. Hamilton, Fresno, CA 93702. CONTRACTOR
20 agrees that COUNTY shall make payment after a minimum of forty-five
21 (45) days from date of receipt and verification of invoice by COUNTY."
22 3. COUNTY and CONTRACTOR agree that this Amendment III is sufficient to
23 amend the Agreement and, that upon execution of this Amendment III, the
24 Agreement, Amendment I, Amendment II, and Amendment III together shall be
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I considered the Agreement.
2 The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
3 covenants, conditions and promises contained in the Agreement and not amended herein
4 shall remain in full force and effect. Amendment III shall become effective upon execution.
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I IN WITNESS WHEREOF, the parties hereto have executed this Amendment III to Agreement No. A-
2 10-143 as of the day and year first hereinabove written.
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ATTEST:
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CONTRACTOR: COUNTY OF FRESNO
5 INTEGRATED VOTING SOLUTIONS, INC.
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By By .
,ll ? Chairman, Board of Supervisor
7 Print Name: 6",C-
Title: �r `' "'`-" l Date:
8 Chairman of the Board, or
President, or any Vice President
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Date: BERNICE E. SEIDEL, Clerk
10 Board of Supervisors
11 By
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Print me:rCDd✓a�ssrpa a`+ Dater
Title: SAc
13 Secretary (of Corporation), or
any Assistant Secretary, or
14 Chief Financial Officer, or
any Assistant Treasurer
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Date: -/ -/5 PLEASE SEE ADDITIONAL
16 SIGNATURE PAGE ATTACHED
Mailing Address:
17 Eric Kozlowski
Integrated Voting Solutions, Inc.
18 1931 G Street
Fresno, CA 93706
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I APPROVED AS TO LEGAL FORM:
DANIEL C. CEDERBORG, COUNTY COUNSEL
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By Date:
4 APPROVED AS TO ACCOUNTING FORM:
VICKI CROW, C.P.A., AUDITOR-CONTROLLER/
5 TREASURER-TAX COLLECTOR
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7 By (,fir ��� / Date:
8 REVIEWED AND RECOMMENDED
FOR APPROVAL.-
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10 By Date:
BRAND[ L. ORTH, COUNTY CLERK/
11 REGISTRAR OF VOTERS
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13 Fund/Subclass: 0001/10000
Organization: 28500100
14 Account/Program: 7400/0
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16 BLO: dr
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Revised Exhibit B(Amendment III)
To County of Fresno Agreement
Page 1 of 1
Contract: Integrated Voting Solutions, Inc.
Contract Year Scheduled Elections Estimate Actual Contract Max
1 March 23, 2010-June 30 2011
June 2010 Primary $ 209,755 $ 218,600
November 2010 General $ 240,652 $ 278,141
March 2011 City of Clovis(Cancelled) $ 25,000 $ -
November 2010 Retirement Board $ - $ 14,444
May 2011 Deputy Sheriff Association $ 8,815
June 2011 Sierra Kings Health Care District $ 6,000 $ 6,890
$ 490,222 $ 518,074 $ 520,000
2 July 1, 2011 -June 30, 2012
November 2011 UDEL $ 7,269 $ 7,215
February 2012 Retirement Board $ - $ -
Consolidated June 2012 State Primary $ 419,510 $ 354,179
$ 426,779 $ 361,394 $ 432,000
3 July 1, 2012-June 30, 2013
November 2012 Presidential General $ 240,652 $ 271,536
November 2012 Retirement Board $ - $ 8,280
May 2013 Senate District 16 Special Primary Election $ 85,000 $ 80,627
June 2013 Municipal Special Election-City of Fresno $ 145,000 $ 132,590
$ 470,652 $ 493,033 $ 515,000
Initial Term Total Expended $ 1,372,501
Total Contract Maximum $ 1,467,000
Extension Period July 1, 2013- December 31, 2015
July 2013 Senate District 16 Special General Election $ 85,000 $ 72,851
November 2013 UDEL $ 7,500 $ 9,827
June 2014 Primary $ 340,000 $ 199,670
November 2014 General $ 280,000 $ 225,243
November 2014 Retirement Board $ - $ 15,466
March 2015 City of Clovis $ 25,000 $ -
November 2015 UDEL $ 10,000 $
Unscheduled Elections $ 140,000 $ -
$ 887,500 $ 523,057
Total Extension Period $ 887,500
Total Expended(Initial Term+ Extension Period) $ 1,895,558
TOTAL CONTRACT MAXIMUM $ 2,354,500
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