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Home My Public Portal AboutAgreement_2013-07-01_Fuel Creative Group_Graphic Design Services for Connect MagazineFIRST AMENDMENT TO Professional Services Agreement by and between the CITY OF TEMPLE CITY, A municipal corporation and FUEL CREATIVE GROUP A S corporation Dated July 1, 2013 FIRST AMENDMENT TO AGREEMENT FOR PRINTING SERVICES BETWEEN THE CITY OF TEMPLE CITY, CALIFORNIA AND FUEL CREATIVE GROUP This First Amendment to Consultant Services ("First Amendment"), which is dated for reference as indicated on the cover page, is hereby entered into by and between the CITY OF TEMPLE CITY, a California charter city ("City"), and FUEL CREATIVE GROUP, a S corporation ("Consultant"), as follows: RECITALS A. City and Consultant entered in a Consultant Services Agreement on December 6, 2011 ("Agreemenf'). The Agreement provides that Consultant will provide graphic design services for CONNECT Magazine. OPERATIVE PROVISIONS AMENDMENT. The Agreement is hereby modified and amended as follows: I.I COMPENSATION. 1.1.1 Section 4 of the Agreement is hereby amended as follows: The second sentence of Section 4, subparagraph (a) of the Agreement is amended to read as follows: "The total compensation, including reimbursement for actual expenses, shall not exceed ten thousand dollars ($10,000) per issue or $40,000 cumulatively, unless additional compensation is approved in writing by the City Council or City Manager." Exhibit "B" to the Agreement is hereby amended to read as follows: "I. City shall pay Consultant to perform the services provided for herein as follows: all 2013 $10,000 Winter 2013/14 $10,000 Spring 2014 $10,000 Summer 2014 $10,000 II. This agreement may be executed for an additional year with compensation to be mutually agreed upon by both parties. 2- NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows: AMENDMENT. The Agreement is hereby modified and amended as follows: I.I COMPENSATION. 1.1.1 Section 4 of the Agreement is hereby amended as follows: The second sentence of Section 4, subparagraph (a) of the Agreement is amended to read as follows: "The total compensation, including reimbursement for actual expenses, shall not exceed ten thousand dollars ($10,000) per issue or $40,000 cumulatively, unless additional compensation is approved in writing by the City Council or City Manager." Exhibit "B" to the Agreement is hereby amended to read as follows: "I. City shall pay Consultant to perform the services provided for herein as follows: all 2013 $10,000 Winter 2013/14 $10,000 Spring 2014 $10,000 Summer 2014 $10,000 II. This agreement may be executed for an additional year with compensation to be mutually agreed upon by both parties. 2- IV. The total compensation for the services shall not exceed 510,000 per issue as provided in Section 4 of this Agreement." 1.2 SCOPE OF SERVICES. 1.2.1 Exhibit "A" to tha Agreement is hereby amended to read as shown on Exhibit "A" attached hereto and incorporated herein by reference. GENERAL PROVISIONS. 1.3 Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties. 1.4 Integration. This First Amendment consists of pages 1 through 5 inclusive, which constitute the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this First Amendment. 1.5 Effective Date. This First Amendment shall not become effective until the date iY has been formally approved by the City Council and executed by the appropriate authorities of the City and Consultant. 1.6 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment. 1.7 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this is Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment. -3- IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST: APPROVED AS TO Eric S. Vail, SLL�'fy Attorney City: THE CITY OF TEMPLE CITY By: Jose Pulido, Manager Consultant: FUEL CREATIVE GROUP Name:�R T EGGT�PL Name: 5 T f P tr Title: �� ' �T� Title: f 3 -4- EXHIBIT "A" SCOPE OF SERVICES Consultant will create a 40 -page issue of Connect Magazine on a quarterly basis using the publicat on's already established brand. Consultant will design a cover, editorial spreads and up to six ads that will be incorporated into the magazine. Consultant will provide up to three proofs of CONNECT per issue, and will provide four issues total during the one-year period for a cost as provided in Section 4 and Exhibit `B" of the Agreement. Tangible work products and status reports will be delivered to the City pursuant to a schedule mutually agreed upon by both parties. The final deliverable for each issue will be a high-resolution PDF file uploaded to the City's chosen print vendor's FTP site, as well as a web -optimized version of the publication that may be added to and archived on the City's website. Consultant will utilize the following personnel to accomplish the Scope of Services: Steve Worth, Project Manager; and Brent Rector, Art Director. -5- CALIFORNIA ALL=PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County ofS&ZCOAA rr p On 8j Z.q(f3 before me, �i a Lo Wu/IGy Iyfii(iJ�f �IG , Date Q Here Insert Nam tl itle of the Officer personally appeared TJEG(k 'ktoty1/ Narrate) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personA whose nameX)L are subscribed tot within instrument and acknowledged to me that�%she/they executed the same in MALI9SA L.1NOtIG is er/their authorized capacity�jK, and that by Commission 1977717 i her/their signatureo on the instrument the i Notary public - California personA or the entity upon behalf of which the Z Sacramento county person(acted, executed the instrument. M Comm. Expires May 10, 2016+ I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, Signature: Place Notary Seal Above igneture of Notary Public OPTIONAL Though the information below is not required by law,. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Att ached Document Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(fes) Claimed by Signers) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer— ❑ Individual ❑ Panner — "Limited ❑General Top of'tnum6 Here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signerls Representing rvational Norary Assoclabon Na[ionalNaYary.org • 1 -900 -US NOTAFV (1-800-8�6-682]) ttem #590 11111" 5 1 - State of Cal' ornia County of DQCVGYA) On J ?7 �7 �1� before me, �, (, .'1 � � ,2 -XJ -1 (insert name and title of the officer personally appeared ''YIPYI who proved tome on the basis of satisfactory evidence to be the per on,ss hose name(sXi Fa sul scr' ed to the within instrument and acknowle ed to a thate( hefffiey executed the same in i / rWeir authorized capacity and that by i r! r signature( on the instrument the personk the entity upon behalf of which the persons) acted, executed the instrument. f certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SARAN ASHLEY 557 O WITNESS m hand d official seal. cQMM FLIP IC B e 0 CALIFOIAJFO my anNO RNIA (U %CFAWNTO COUNTY Corm. Expires MAY 31, 2014 awN.wnw Signature,�44 (Seal)