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HomeMy WebLinkAboutAgreement A-10-056-5 with Consolidated Printers, Inc..pdfAgreement No. 10-056-5 1 2 AMENDMENT V TO AGREEMENT WITH CONSOLIDATED PRINTERS, INC. THIS AMENDMENT V TO AGREEMENT (hereinafter "Amendment V") is made and 3 entered into this 11th day of August, 2015, by and between COUNTY OF FRESNO a ' . 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 9471 0 (hereinafter "CONTRACTOR"). 7 WITNESSETH: 8 WHEREAS, COUNTY and CONTRACTOR entered into Agreement No. A-10-056, 9 dated February 23, 2010 (hereinafter "Agreement"), pursuantto which CONTRACTOR agreed 10 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 II (Agt. No. A-11-056-2), on June 21, 2011; and IS WHEREAS,.·COUNJY AND CONTRACTOR amended Agreement No. A-1Q~Q56. by . •. . . . 16 Amendment Ill (Agt. No. A-11-056-3), on October23, 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 21 WHEREAS, all references hereafter to the Agreement, as amended, shall refer to the 22. Agreement, as amended by Amendment I, Amendment II, Amendment Ill, Amendment IV, 23 and this Amendment V. 24 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of -1" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 . 22 23 24 which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows: 1. Section 4 of the Agreement, as amended, located on Page Two (2), beginning with Paragraph Four (4), Line Ten (10) with the word "4. TERM", and ending on Line Fifteen (15) with the word "Agreement" be deleted in its entirety and the following inserted in its place: 2. TERM The Agreement shall become effective upon execution and shall terminate on the 11 1h day of August, 2015." Section 6 of the Agreement, as amended, located on Page Three (3), beginning with Paragraph Six (6), Line Twelve (12) with the words "6. COMPENSATION/INVOICING" and ending on Page Four (4), Line Six (6) with the word "section" be deleted and the following inserted in its place: "6. COMPENSATION/INVOICING: CONTRACTOR shall submit invoices in triplicate to County Clerk-Elections 4525 E Hamilton Ave, Fresno, CA 93702. COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees tq receive . compensation as follows: Pricing for sample ballot printing from execution of this Agreement to June 30, 2013 will be determined utilizing the pricing from Attachment 2, Cost Proposal, pages 37-39. For the period of July 1, 2013 to August 11, 2015, pricing for sample ballot printing will be determined utilizing the pricing set forth in Revised Attachment 2A.1, attached hereto and incorporated herein by reference. CONTRACTOR will extend a one percent (1%) discount to the COUNTY for any payments made within ten (10) business days of invoice. CONTRACTOR will offer a pre-payment discount in a letter to COUNTY prior to -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3. each major election. The discount will be in effect for prepayment of work in progress at the time the ballot cover, filler pages, and approximate ballot order is determined. The maximum amount under this Agreement for the initial term, (date of execution through June 30, 2011), shall not exceed eight hundred ten thousand and no/100 dollars ($810,000). The maximum amount under this Agreement for the period of July 1, 2011 to June 30, 2012 shall not exceed five hundred fifteen thousand and no/100 dollars ($515,000). The maximum amount under this Agreement for the period of July 1, 2012 to June 30, 2013 shall not exceed five hundred eighty thousand and No/100 dollars ($580,000). In no event shall services performed from the date of execution through June 30, 2013, be in excess of one million nine hundred five thousand and No/100 dollars ($1 ,905,000). In no event shall services performed during the period of July 1, 2013 to August 11, 2015 be in excess of nine hundred ninety five thousand .and No/1 00. dollars ($995,000). Total Maximum compensation under this Agreement shall not exceed two million, nine hundred thousand and No/100 dollars ($2,900,000). It is understood that all expenses incidental to CONTRACTOR'S performance of services under this Agreement shall be borne by CONTRACTOR. CONTRACTOR agrees that COUNTY shall make payment after a minimum of forty-five (45) days from date of receipt of invoice by COUNTY." Exhibit B to County Agreement, as amended, is deleted in its entirety and - 3 - (i If) 1 replaced with the Revised Exhibit 8-1 attached hereto. References to the words 2 "Exhibit 8" in the Agreement shall be replaced with the words "Revised Exhibit 3 8-1''. 4 COUNTY and CONTRACTOR agree that this Amendment V is sufficient to amend the 5 Agreement, as amended by Amendment I, Amendment II, Amendment Ill, and Amendment 6 IV, and that upon execution of this Amendment V, the Agreement, Amendment I, Amendment 7 II, Amendment Ill, Amendment IV, and Amendment V together shall be considered the 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 Ill 13 /// 14 Ill 15 Ill 16 Ill 17 Ill 18 Ill 19 Ill 20 Ill 21 Ill 22 Ill 23 Ill 24 /// -4- . I II 1 liN WITNESS WHEREOF, the parties hereto have executed this Amendment V to Agreement 2 No. A-1 0-056 as of the day and year first hereinabove written. _, 4 ATTEST: CONTRACTOR: 5 CONSOLIDATED PRINTERS, INC. 6 By ia;£-d 7 Print Name: ~ 1-rJ Jl..._wk:~ 8 Title: C£ 0 Chairman of the Board, or 9 President, or any Vice President 10 Date: 7-6 -I~ 11 12 13 14 15 16 17 18 19 20 Title: E"'v IJ Secretary (of Corporation), or any Assistant Secretary, or Chief Financial Officer, or any Assistant Treasurer Mailing Address: CONSOLIDATED PRINTERS, INC. 21 DBA Consolidated Election Ser.rices 2630 Eighth Street 22 Berkeley, CA 94 710 23 24 COUNTY OF FRESNO BERNICE E. SEIDEL, Clerk Board of Supervisors PLEASE SEE ADDITIONAL SIGNATURE PAGE ATTACHED -5 - 1 APPROVED AS TO LEGAL FORM: DANIEL C. CEDERBORG, COUNTY COUNSEL 2 3 UuJJ By __________________________ _ 4 APPROVED AS TO ACCOUNTING FORM: 5 VICKI CROW, C.P.A., AUDITOR-CONTROLLER/ TREASURER-TAX COLLECTOR 6 7 By __ ~~(_,~'---'~=------ 8 REVIEWED AND RECOMMENDED 9 FOR APPROVAL: 10 1l By B~~H~~~RKI 12 REGISTRAR OF VOTERS 13 14 Fund/Subclass: 0001/10000 Organization: . 28500100 15 AccounUProgram: 7400/0 16 17 BLO:dr 18 19 20 21 22 23 24 -6- Date: _f....;......o_~_r 3--'/r....,_) __ Date: f /1 ~Irs- Date: _7'-~.L.-;,-""D~i....t.5" __ Contract: Contract Year 1 2 3 Initial Term Extension Period Consolidated Printers, Inc. Revised Exhibit B-1 (Amendment V) Page1 of1 Scheduled Elections Estimate Febru~['£23, 2010-June 30, 2011 June 2010 Primary $ 311,517 November 2010 General $ 226,835 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 $ 569,352 July 1, 2011 -June 30, 2012 November 2011 UDEL $ 21,910 February 2012 Retirement Board $ Consolidated June 2012 State Primary $ 410,000 $ 431,910 Ju!v 1, 2012-June 30,2013 November2012 Presidential General $ 576,287 November 2012 Retirement Board $ May 2013 Senate Districl16 Special Primary Election $ 50,000 June 2013 Municipal Special Election-City of Fresno Total Expended Contract Maximum July 1, 2013 -Augusl11 2015 July 2013 Senate Distric116 Special General Election $ November 2013 UDEL $ 10,000 June 2014 Primary $ 415,000 November 2014 General $ 400,000 November 2014 Retirement Board $ March 2015 City of Clovis $ ··30,000 Unscheduled Elections $ 140,000 $ 995,000 Total Extension Period Total Expended (Initial Term+ Extension Period) Total Contract Maximum Actual Contract Max $ 409,325 $ 363,673 $ $ $ $ 34,666 $ 807,665 $ 810,000 $ 6,007 $ $ 507,801 $ 513,808 $ 515,000 $ 303,460 $ $ 35,464 $ 580,000 $ 1,732,027 $ 1,905,000 $ 36,334 $ 8,550 $ 384,000 $ 346,977 $ $ $ $ 775,861 $ 995,000 $ 2,507,888 ~ ~MHlO OOQ (i Consolidated Printers, Inc. Revised Attachment 2A.l r(j Pg. 1 of3 COST PROPOSAL Prices for Extension from July 1, 2013 to August 11, 2015* Pricing for printing the following parts (each part is a page. front and back): 8 Yz" X 11" 5Yz" X 8 Yz" 2 Part/4 page $182per 1,000 $149 per 1,000 3 Part/6 page $182 $149 4 Part/8 page $182 $149 5 Part/! 0 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/3 0 page $402 $266 16 Part/32 page $402 $266 17 Part/34 page $464 $353 18 Part/36 page $464 $353 19 Part/3 8 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 ~ill be based on the original contract pricing !(! Consolidated Printers, Inc. Revised Attachment 2A.l Pg. 2 of3 COST PROPOSAL Prices for extension from July 1, 2013 to August 11, 2015* Provide pricing for the following: A. Composition Cover page with color overlays: English/page Spanish/page 8'h"x11" $38 $47 Cover page with black and white overlays: English/page Spanish/page_ Filler Page: English Spanish Official Ballot Page: Sample Ballot Page: Candidate Statements: _English/per statement Spanish/per statement Measures: English/panel Spanish/panel Negatives/Proofs: Translation Services: Central Committee Insert Services: $33 $42 $39 $44 $52 $52 $24 per statement $26 per statement $24 per panel $26 per panel See other costs $0.29 per word $0.11 per supplied envelope or letter; $.05 per printed letter *Pricing for re-work will be based on the original contract pricing 5%" X 8%" $36 $45 $31 $40 $36 $40 $42 $42 $24 per statement _ $26 per statement $24 per panel $26 per panel See other costs $0.29 per word $0.11 per supplied envelope or letter; $.05 per printed letter () Consolidated Printers, Inc. Revised Attachment 2A.l Pg. 3 of3 GENERAL COST PROPOSAL Prices for extension from July 1, 2013 to August 11, 2015* Other Costs (If any, be specific): Output each formatted unique page Assembly of unique pages into sample ballots Internet Pages 8 %"X 11" $3.72 per unique page $2.33 per assembled page $1.16 per page There will be no "programming charges" for work specified in the RFP. Total: $NM Minimum order per style: 100 Minimum number of pages/parts: 4 *Pricing for re-work will be based on the original contract pricing 5%" X 8%" $3.72 per unique page $2.33 per assembled page $1.16 per page $NM 100 4