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HomeMy WebLinkAboutAgreement A-10-056-4 with Consolidated Printers Inc..pdf Agreement No. 10-066-4 1 AMENDMENT IV TO AGREEMENT WITH CONSOLIDATED PRINTERS, INC. 2 THIS AMENDMENT IV TO AGREEMENT (hereinafter "Amendment IV") is made and 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 Consolidated Printers, Inc., a Corporation, DBA Consolidated Election Services whose 6 address is 2630 Eighth Street, Berkeley, CA 94710 (hereinafter "CONTRACTOR"). i 7 WITNESSETH: 8 WHEREAS, COUNTY and CONTRACTOR entered into Agreement No. A-10-056, 9 dated February 23, 2010 (hereinafter "Agreement"), pursuant to which CONTRACTOR agreed 10 to provide sample ballot printing services to COUNTY; and 11 WHEREAS, CONTRACTOR has the qualified personnel, facilities and resources to 12 provide sample ballots to COUNTY, and coordinate services with COUNTY; and 13 WHEREAS, COUNTY AND CONTRACTOR amended Agreement No. A-10-056 by 14 Amendment I (Agt. No. A-11-096), on March 15, 2011; and 15 WHEREAS, COUNTY AND CONTRACTOR amended Agreement No. A-10-056 ,by 16 Amendment II (Agt. No. A-11-056-2), on June 21, 2011; and 17 WHEREAS, COUNTY AND CONTRACTOR amended Agreement No. A-10-056 by 18 Amendment III (Agt. No. A-11-056-3), on October 23, 2012; and i 19 WHEREAS, the parties now desire to extend the term of the Agreement by six months 20 through December 31, 2015, with no change in maximum compensation for the entire 21 Agreement; and 22 WHEREAS, all references hereafter to the Agreement, as amended, shall refer to the 23 Agreement, as amended by Amendment I, Amendment II, Amendment III, and this 24 Amendment IV including an amendment of Exhibit B and Attachment 2. ; - 1 - I NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of 2 which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows: 3 1. Section 4 of the Agreement, as amended, located on Page Two (2), beginning 4 with Paragraph Four (4), Line Ten (10) with the word "TERM", and ending on 5 Page Ten (10), Line Fifteen (15) with the word "Agreement" be deleted in its 6 entirety and the following inserted in its place: 7 "4. TERM 8 The Agreement shall become effective upon execution and shall terminate on 9 the 31 st day of December, 2015." 10 2. Section 6 of the Agreement, as amended, located on Page Three (3), beginning 11 with Paragraph Six (6), Line Twelve (12) with the word 12 "COMPENSATION/INVOICING" and ending on Page Four (4), Line Six (6) with 13 the word "section" be deleted and the following inserted in its place: 14 "6. COMPENSATION/INVOICING: CONTRACTOR shall submit invoices in 15 triplicate to County Clerk — Elections 4525 E Hamilton Ave, Fresno, CA 93702. 16 COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive 17 compensation as follows: 18 Pricing for sample ballot printing from execution of this Agreement to 19 June 30, 2013 will be determined utilizing the pricing from Attachment 2, Cost 20 Proposal, pages 37-39. For the period of July 1, 2013 to December 31, 2015, 21 pricing for sample ballot printing will be determined utilizing the pricing set forth 22 in Attachment 2A.1, attached hereto. CONTRACTOR will extend a one percent 23 (1%) discount to the COUNTY for any payments made within ten (10) business 24 days of invoice. CONTRACTOR will offer a pre-payment discount in a letter to - 2 - I COUNTY prior to each major election. The discount will be in effect for 2 prepayment of work in progress at the time the ballot cover, filler pages, and 3 approximate ballot order is determined. 4 The maximum amount under this Agreement for the initial term, (date of 5 execution through June 30, 2011), shall not exceed eight hundred ten thousand 6 and no/100 dollars ($810,000). The maximum amount under this Agreement for 7 the period of July 1, 2011 to June 30, 2012 shall not exceed five hundred fifteen 8 thousand and no/100 dollars ($515,000). The maximum amount under this 9 Agreement for the period of July 1, 2012 to June 30, 2013 shall not exceed five 10 hundred eighty thousand and No/100 dollars ($580,000). In no event shall 11 services performed from the date of execution through June 30, 2013, be in 12 excess of one million nine hundred five thousand and No/100 dollars 13 ($1,905,000). 14 In no event shall services performed during the period of July 1, 2013 to 15 December 31, 2015 be in excess of one million five thousand and No/100 16 dollars ($1,005,000). 17 Total Maximum compensation under this Agreement shall not exceed two 18 million, nine hundred ten thousand and No/100 dollars ($2,910,000). 19 It is understood that all expenses incidental to CONTRACTOR'S 20 performance of services under this Agreement shall be borne by 21 CONTRACTOR. CONTRACTOR agrees that COUNTY shall make payment 22 after a minimum of forty-five (45) days from date of receipt of invoice by the 23 COUNTY." 24 3. Exhibit B to County Agreement, as amended, is deleted in its entirety and - 3 - 1 replaced with the Revised Exhibit B (Amendment IV), attached hereto. 2 COUNTY and CONTRACTOR agree that this Amendment IV is sufficient to amend the 3 Agreement, as amended by Amendment I, Amendment II, and Amendment III, that upon 4 execution of this Amendment IV, the Agreement, Amendment I, Amendment II, Amendment III 5 and Amendment IV together shall be considered the Agreement. 6 The Agreement, as previously amended and as hereby amended, is ratified and 7 continued. All provisions, terms, covenants, conditions and promises contained in the 8 Agreement, as amended, and not amended herein shall remain in full force and effect. 9 /JJ 10 12 13 14 15 16 17 18 19 20 /lI 21 11/ 22 23 24 - 4 - 1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment IV to Agreement 2 No. A-10-056 as of the day and year first hereinabove written. 3 4 ATTEST: CONTRACTOR: COUNTY OF FRESNO 5 CONSOLIDATED PRINTERS, INC. d 6 By By "RAN Q- // Chairman, Board of Supe ors 7 Print Name: L.ay'�� �gwk%►f 8 Title: Ar2_,f'W.0, ►f Date: s Chairman of the Board, or 9 President, or any Vice President 10 Date: ���/S� BERNICE E. SEIDEL, Clerk Board of Supervisors i 11 By �uS_4. e�nc'sP 12 Print Name: By 13 l�=e�' a / aTitle: Se-( n Date: Tu"� LA 14 Secretary (of Corporation), or any Assistant Secretary, or 15 Chief Financial Officer, or any Assistant Treasurer 16 Date: s—//Z 01 PLEASE SEE ADDITIONAL 17 SIGNATURE PAGE ATTACHED 18 Mailing Address: 19 CONSOLIDATED PRINTERS, INC. 20 DBA Consolidated Election Services 2630 Eighth Street 21 Berkeley, CA 94710 22 23 111 24 - 5 - I APPROVED AS TO LEGAL FORM: DANIEL C. CEDERBORG, COUNTY COUNSEL 2 F By - Date: 0 � 4 APPROVED AS TO ACCOUNTING FORM: 5 VICKI CROW, C.P.A., AUDITOR-CONTROLLER/ TREASURER-TAX COLLECTOR 6 7 By��� Date: 8 REVIEWED AND RECOMMENDED 9 FOR APPROVAL: 10 11 By6 Date: BRANDI L. ORTH, COUNTY CLERK/ 12 REGISTRAR OF VOTERS 13 14 Fund/Subclass: 0001/10000 Organization: 28500100 15 Account/Program: 7400/0 16 BLO:dr 17 18 19 20 21 22 23 24 - 6 - Revised Exhibit B(Amendment IV) To County of Fresno Agreement Page 1 of 1 Contract: Consolidated Printers, Inc. Contract Year Scheduled Elections Estimate Actual Contract Max 1 February 23, 2010-June 30 2011 June 2010 Primary $ 311,517 $ 409,325 November 2010 General $ 226,835 $ 363,673 March 2011 City of Clovis(Cancelled) $ 25,000 $ - November 2010 Retirement Board $ - $ May 2011 Deputy Sheriff Association $ - $ - June 2011 Sierra Kings Health Care District $ 6,000 $ 34,666 $ 569,352 $ 807,665 $ 810,000 2 July 1 2011 -June 30 2012 November 2011 UDEL $ 21,910 $ 6,007 February 2012 Retirement Board $ - $ - Consolidated June 2012 State Primary $ 410,000 $ 507,801 $ 431,910 $ 513,808 $ 515,000 3 July 1 2012-June 30 2013 November 2012 Presidential General $ 576,287 $ 303,460 November 2012 Retirement Board $ - $ - May 2013 Senate District 16 Special Primary Election $ 50,000 $ 35,464 June 2013 Municipal Special Election-City of Fresno $ 70,000 $ 71,630 $ 696,287 $ 410,554 $ 580,000 Initial Term Total Expended $ 1,732,027 Contract Maximum $ 1,905,000 Extension Period July 1 2013-December 31, 2015 July 2013 Senate District 16 Special General Election $ - $ 36,334 November 2013 UDEL $ 10,000 $ 8,550 June 2014 Primary $ 415,000 $ 384,000 November 2014 General $ 400,000 $ 346,977 November 2014 Retirement Board $ - $ - March 2015 City of Clovis $ 30,000 $ November 2015 UDEL $ 10,000 $ - Unscheduled Elections $ 140,000 $ - $ 1,005,000 $ 775,861 Total Extension Period $ 1,005,000 Total Expended (Initial Term +Extension Period) $ 2,507,888 Total Contract Maximum 2.910.000 Consolidated Printers, Inc. Attachment 2-A.l Pg. 1 of 3 COST PROPOSAL Prices for Extension from July 1, 2013 to December 31, 2015* Pricing for printing the following parts (each part is a page, front and back): 8 '/2" x 11" 5'/z" x 8 '/z" 2 Part/4 page $182 per 1,000 $149 per 1,000 3 Part/6 page $182 $149 4 Part/8 page $182 $149 5 Part/10 page $224 $160 6 Part/12 page $224 $160 7 Part/14 page $270 $172 8 Part/16 page $270 $172 9 Part/18 page $324 $206 10 Part/20 page $324 $206 1 I Part/22 page $345 $209 12 Part/24 page $345 $209 13 Part/26 page $395 $264 14 Part/28 page $395 $264 15 Part/30 page $402 $266 16 Part/32 page $402 $266 17 Part/34 page $464 $353 18 Part/36 page $464 $353 19 Part/38 page $496 $355 20 Part/40 page $496 $355 21 Part/42 page $551 $378 22 Part/44 page $551 $378 23 Part/46 page $578 $383 24 Part/48 page $578 $383 25 Part/50 page $627 $407 26 Part/52 page $627 $407 27 Part/54 page $670 $411 28 Part/56 page $670 $411 29 Part/58 page $754 $467 30 Part/60 page $754 $467 $60 press set up per ballot type for both sizes *Pricing for re-work will be based on the original contract pricing Consolidated Printers, Inc. Attachment 2-A.1 Pg. 2 of') COST PROPOSAL Prices for extension from July 1, 2013 to December 31, 2015* Provide pricing for the following: 8%" x 11" 51/2" X 81/2" A. Composition Cover page with color overlays: English/page $38 $36 Spanish/page $47 $45 Cover page with black and white overlays: English/page $33 $31 Spanish/page $42 $40 Filler Page: English $39 $36 Spanish $44 $40 Official Ballot Page: $52 $42 Sample Ballot Page: $52 $42 Candidate Statements: English/per statement $24 per statement $24 per statement Spanish/per statement $26 per statement $26 per statement Measures: English/panel $24 per panel $24 per panel Spanish/panel $26 per panel $26 per panel Negatives/Proofs: See other costs See other costs Translation Services: $0.29 per word $0.29 per word $0.11 per supplied $0.11 per supplied envelope or letter; envelope or letter; $.05 Central Committee Insert Services: $.05 per printed letter per printed letter *Pricing for re-work will be based on the original contract pricing Consolidated Printers, Inc. Attachment 2-A.1 Pg. 3 of 3 GENERAL COST PROPOSAL Prices for extension from July 1, 2013 to December 31, 2015* Other Costs (If any, be specific): 8 %" x 11" 51/2" X 81/2" Output each formatted unique page $3.72 per unique page $3.72 per unique page Assembly of unique pages into $2.33 per assembled $2.33 per assembled sample ballots page page Internet Pages $1.16 per page $1.16 per page There will be no "programming charges" for work specified in the RFP. Total: $NM $NM Minimum order per style: 100 100 Minimum number of pages/parts: 4 4 *Pricing for re-work will be based on the original contract pricing