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HomeMy WebLinkAboutAgreement A-10-056-5 with Consolidated Printers Inc..pdf Agreement No. 10-056-5 f I 1 AMENDMENT V TO AGREEMENT WITH CONSOLIDATED PRINTERS, INC. ' 2 THIS AMENDMENT V TO AGREEMENT(hereinafter "Amendment V") is made and 3 entered into this 1 1th day of August, 2015, by and between COUNTY OF FRESNO,a 4 4 Political 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"). 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 l I0 to provide sample ballot printing services to COUNTY; and 11 WHEREAS, COUNTY AND CONTRACTOR amended Agreement No. A-10-056 by 12 Amendment I (Agt. No.A-11-096), on March 15, 2011; and , 13 WHEREAS, COUNTY AND CONTRACTOR amended Agreement No. A-10-056 by 14 Amendment it (Agt. No. A-11-056-2), on June 21, 2011; and 15 WHEREAS,--COUNTY AND CONTRACTOR amended Agreement No. A-10-056, by 16 Amendment III (Agt. No. A-11-056-3), on October 23, 2012; and 17 WHEREAS, COUNTY AND CONTRACTOR amended Agreement No. A 10-056 by 18 Amendment IV(Agt. No. A-10-056-4), on June 16, 2015; and 19 WHEREAS, the parties now desire to shorten the term of the Agreement, and thereby 20 decrease the maximum compensation for the entire Agreement; and l 21 WHEREAS, all references hereafter to the Agreement, as amended, shall refer to the 22, Agreement, as amended by Amendment I, Amendment 11, Amendment 111, Amendment IV, I 23 and this Amendment V. 24 NOW, THEREFORE, for good and valuable consideration,the receipt and adequacy of i i f I I which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows: 2 1. Section 4 of the Agreement, as amended, located on Page Two (2), beginning 3 with Paragraph Four (4), Line Ten (10) with the word "4. TERM", and ending on 4 Line Fifteen (15) with the word "Agreement" be deleted in its entirety and the 5 following inserted in its place: 6 "4. TERM 7 The Agreement shall become effective upon execution and shall terminate on 8 the 11th day of August, 2015." I 9 2. Section 6 of the Agreement, as amended, located on Page Three (3), beginning 10 with Paragraph Six (6), Line Twelve (12) with the words "6. 11 COMPENSATION/INVOICING" and ending on Page Four (4), Line Six (6) with 12 the word "section" be deleted and the following inserted in its place: 13 "6. COMPENSATION/INVOICING: CONTRACTOR shall submit invoices in 14 triplicate to County Clerk — Elections 4525 E Hamilton Ave, Fresno, CA 93702. 15 COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive ._. 16 compensation as follows: 17 Pricing for sample ballot printing from execution of this Agreement to 18 June 30, 2013 will be determined utilizing the pricing from Attachment 2, Cost 19 Proposal, pages 37-39. For the period of July 1, 2013 to August 11 , 2015, 20 pricing for sample ballot printing will be determined utilizing the pricing set forth 21 in Revised Attachment 2A.1, attached hereto and incorporated herein by 22 reference. CONTRACTOR will extend a one percent (1%) discount to the 23 COUNTY for any payments made within ten (10) business days of invoice. 24 CONTRACTOR will offer a pre-payment discount in a letter to COUNTY prior to i - 2 - E I each major election. The discount will be in effect for prepayment of work in 2 progress at the time the ballot cover, filler pages, and approximate ballot order is 3 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 I 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 j 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 August 11, 2015 be in excess of nine hundred ninety five thousand.and No/100. 16 dollars ($995,000). 17 Total Maximum compensation under this Agreement shall not exceed two 18 million, nine hundred thousand and No/100 dollars ($2,900,000). 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 I 23 COUNTY." i 24 3. Exhibit B to County Agreement, as amended, is deleted in its entirety and - 3 - i 1 replaced with the Revised Exhibit B-1 attached hereto. References to the words 2 "Exhibit B" in the Agreement shall be replaced with the words "Revised Exhibit 3 B-1". 4 COUNTY and CONTRACTOR agree that this Amendment V is sufficient to amend the 5 Agreement, as amended by Amendment I, Amendment II, Amendment III, and Amendment 6 IV, and that upon execution of this Amendment V, the Agreement, Amendment I, Amendment 7 ll, Amendment III, Amendment IV, and Amendment V together shall be considered the l 8 Agreement. 9 The Agreement, as previously amended and as hereby amended, is ratified and 10 continued. All provisions, terms, covenants, conditions and promises contained in the 11 Agreement, as amended, and not amended herein shall remain in full force and effect. 12 111 13 111 14 Ill 15 111 i 16 11l 17 111 18 111 19 Ill 20 Ill 21 111 i 22 111 23 111 l I 24 111 I - 4 - 1 I IN WITNESS WHEREOF, the {parties hereto have executed this Amendment V to Agreement � No. A-10-056 as of the day and year first hereinabove written. kI I ATTEST: CONTRACTOR: COUNTY OF FRESNO ' 5 CONSOLIDATED PRINTERS, INC, 6 By /� BY Chairman. Board of Supervi rs I 7 Print Name: kr 1 8 Title: CEO � Chairman of the Board. or 9 President; or any Vice President 10 Date: `7-6 !S� BERNICE E. SEIDEL, Clerk i Board of Supervisors II i By Sus 12 B ]3 y 14 Print Nam /"'I , Title: �y A 15 Secretary (of Corporation), or any Assistant Secretary, or 16 Chief Financial Officer, or 17 any Assistant Treasurer PLEASE SEE ADDITIONAL 18 SIGNATURE PAGE ATTACHED j I 19 Mallina Address: i 20 CONSOLIDATED PRINTERS; INC. 21 DBA Consolidated Election Services 2630 Eighth Street 22 Berkeley, CA 94710 23 24 - 5 - C 1 APPROVED AS TO LEGAL FORM: DANIEL C. CEDERBORG, COUNTY COUNSEL 2 3 ( ) b3h'By wDate: � � 4 APPROVED AS TO ACCOUNTING FORM: 5 VICKI CROW, C.P.A., AUDITOR-CONTROLLER/ TREASURER-TAX COLLECTOR 6 1 rl s By Date: j 8 REVIEWED AND RECOMMENDED { 9 FOR APPROVAL: i 10 11 By _6k Date: BRAND[ L. ORTH, COCWTY CLERK/ 12 REGISTRAR OF VOTERS I 13 14 Fund/Subclass: 0001/10000 Organization: 28500100 15 Account/Program: 7400/0 16 17 BLO:dr 18 19 20 21 1 1 22 23 24 I - 6 - (11011) Revised Exhibit B-1 (Amendment V) 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 l I February 2012 Retirement Board $ - $ - Consolidated June 2012 State Primary $ 410,000 $ 507,801 $ 431,910 $ 513,808 $ 515,000 I 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 I Extension Period July 1,2013-August 11,2015 I 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 $ - Unscheduled Elections $ 140,000 $ - $ 995.000 $ 775,861 Total Extension Period $ 995,000 Total Expended(Initial Term+Extension Period) $ 2,507,888 Total Contract Maximum �� I I i I I I I i i Consolidated Printers Inc. Revised Attachment 2 r � � n A.1 Pg. 1 of 3 COST PROPOSAL Prices for Extension from July 1, 2013 to August 11, 2015* i Pricing for printing the following parts (each part is a page, front and back): 8 %" X 11" 51/77 x 8 V211 I 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 11 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 i 19 Part/38 page $496 $355 i 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 I $60 press set up per ballot type for both sizes I *Pricing for re-work will be based on the original contract pricing I i i Consolidated Printers, Inc. Revised Attachment 2A.1 Pg. 2 of 3 i COST PROPOSAL Prices for extension from July 1, 2013 to August 11, 2015* i Provide pricing for the following: 8%" x 11" 5%" X 8%11 ' A. Composition Cover page with color overlays: I 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 I 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 fetter *Pricing for re-work will be based on the original contract pricing I i Consolidated Printers, Inc. Revised Attachment 2A.1 Pg. 3 of 3 GENERAL COST PROPOSAL I Prices for extension from July 1, 2013 to August 11, 2015* I Other Costs (If any, be specific): 8 '/2" x 11" 5'/z" X 8'/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 I