HomeMy WebLinkAboutAgreement A-15-369-4 with Toppan Merrill LLC.pdfAgreement No. 15-369-4
1 FOURTH AMENDMENT TO AGREEMENT
2 THIS FOURTH AMENDMENT TO AGREEMENT (hereinafter "Amendment") is made and
3 entered into this 26th day of May , 2020 , by and between COUNTY OF FRESNO, a Political
4 Subdivision of the State of California, Fresno , California (hereinafter "COUNTY"), and TOPPAN
5 MERRILL LLC, a Delaware Corporation, whose address is 1501 Energy Park Drive , St. Paul, MN
6 55108 (hereinafter "CONTRACTOR ").
7 WITNESSETH:
8 WHEREAS , COUNTY and MERRILL COMMUNICATIONS , LLC entered into Agreement
9 number 15-369, dated August 11, 2015 (hereinafter "Agreement"), pursuant to which MERRILL
1 O COMMUNICATIONS, LLC agreed to provide Voter Information Guides and Sample Ballot Booklets to
11 COUNTY ; and
12 WHEREAS, COUNTY, MERRILL COMMUNICATIONS , LLC and CONTRACTOR entered into
13 Assignment of Agreement number 15-369-1 dated 26th day of March 2019 (hereinafter "Assignment"),
14 pursuant to which CONTRACTOR, as the ASSIGNEE , accepted the assignment and transfer of all
15 rights , obligations , duties, and liabilities regarding the Agreement from the ASSIGNOR , MERRILL
16 COMMUNICATIONS LLC retroactive to September 1, 2018 ; and
17 WHEREAS , COUNTY and CONTRACTOR entered into Second Amendment number 15-584-2
18 dated 26 th day of March 2019 (hereinafter "Second Amendment ") in order to increase the contract
19 maximum compensation ; and
20 WHEREAS , COUNTY and CONTRACTOR entered into Third Amendment number 15-584-3
21 dated 10 th March , 2020 (hereinafter "Third Amendment") in order to increase the contract maximum
22 compensation and extend the Agreement term by 12 months ; and
23 WHEREAS , COUNTY and CONTRACTOR now desire to amend the Agreement in order to
24 increase the maximum compensation for the full term of the Agreement.
25 NOW, THEREFORE , for good and valuable consideration , the receipt and adequacy of which
26 is hereby acknowledged , COUNTY and CONTRACTOR agree as follows :
27 1. Section 4 of the Agreement, located on page 3, lines 12 through 21 , is deleted in its
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1 entirety and replaced with the following :
2 "In no event shall services performed under this Agreement be in excess of Two Million
3 No/100 Dollars ($2,000,000.00) for the period of August 12, 2015 through June 30, 2018 . In no
4 event shall services performed under this Agreement be in excess of Seven Hundred Twenty
5 Thousand and No/100 Dollars ($720 ,000 .00) during the period of July 1, 2018 through June 30 ,
6 2019 . In no event shall services performed under this Agreement be in excess of Eight
7 Hundred Eight-five Thousand and No/100 Dollars ($885,000 .00) during the period of July 1,
8 2019 through June 30 , 2020. In no event shall services performed under this Agreement be in
9 excess of Seven Hundred Fifty Thousand and No/100 Dollars ($750 .000 .00) during the period
10 of Ju ly 1, 2020 through June 30 , 2021 . The maximum total compensation for serv ices included
11 in this Agreement from the date the Agreement is executed through June 30, 2021 , will be Four
12 Million Three Hundred Fifty-F ive Thousand and No/100 Dollars ($4 ,355 ,000 .00). It is
13 understood that all expenses incidental to CONTRACTOR 's performance of services under this
14 Agreement shall be borne by CONTRACTOR. "
15 COUNTY and CONTRACTOR agree that this Amendment is sufficient to amend the
16 Agreement and , that upon execution of this Amendment , the Agreement , Assignment , Second
17 Amendment , Third Amendment and this Fourth Amendment together shall be considered the
18 Agreement.
19 The Agreement , as hereby amended, is ratified and continued . All provisions , terms,
20 covenants , conditions and promises contained in the Agreement and not amended herein shall remain
21 in full force and effect.
22 EXECUTED AND EFFECTIVE as of the date first above set forth.
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COUNTY OF FRESNO
Ernest Buddy Mendes , Chai an of the
Board of Supervisors of the County of
Fresno
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ATTEST :
BERNICE E. SEIDEL
Cl erk of the Board of Supervisors
County of Fresno, State of California
By ~ ~~Of Deputy
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55109 11----~-t--~--------Mailing Address ATTEST:
Bernice E . Seide l
Clerk of the Board of Supervisors
County of Fresno, State of California
g By : Me..$to11 9f\ Q:{\ pa'tf ±u2c
Deputy
10 FOR ACCOUNTING USE ONLY:
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Fund :0001
Subclass :10000
ORG :28500100
Account:7295 15
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