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HomeMy Public PortalAboutAgreement_2013-07-01_Pacific Graphics, Inc_1st AmendmentFIRST AMENDMENT TO Professional Services Agreement by and between the CITY OF TEMPLE CITY, A municipal corporation and PACIFIC GRAPHICS, INC., A California corporation FIRST AMENDMENT TO AGREEMENT FOR PRINTING SERVICES BETWEEN THE CITY OF TEMPLE CITY, CALIFORNIA AND PACIFIC GRAPHICS, INC. This First Amendment to Consultant Seryices ("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 PACIFIC GRAPHICS, INC., a California corporation ("Consultant"), as follows: RECITALS A. City and Consultant entered in a Consultant Services Agreement on December 5, 2012 ("Agreement"). The Agreement provides that Consultant will provide printing and bulk mail distribution services for CONNECT Magazine. OPERATIVE PROVISIONS NOW, THEREFORE, inconsideration 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: 1.1 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 forty thousand dollars ($40,000), 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: "City shall compensate Consultant for the Services performed upon the quarterly completion of tasks identified in the Scope of Services at a cost not to exceed $10,000. The total compensation for the Services shall not exceed $40,000 as provided in Section 4 of this Agreement." 1.2 SCOPE OF SERVICES. 1.2 .1 Exhibit "A" to the Agreement is hereby amended to read as shown on Exhibit "A" attached hereto and incorporated herein by reference. -2- 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 it 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 First 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 FORM Eric S. Vail, City Att ey By: Name: Yvonne Wasson Title: President City: THE CITY OF TEMPLE CITY By: Jose u "d ,City Manager Consultant: PACIFIC GRAPHICS, INC. -4- By; Name• ddy O. Salas Title: General Manager EXHIBIT "A" SCOPE OF SERVICES Consultant shall provide the following general services: Standard complete turnaround on print jobs shall be 4 working days, maximum turnaround on any one project would be no more than 7 business days from receipt of digital mechanical to delivery. In case for rush jobs, Consultant shall turn around the job in 72 hours or less. Produce, deliver or accept files from the following software: Adobe Creative Suite 5 (i.e., Photoshop, Illustrator, Indesign) and high resolution PDF. 3. Provide 1- to 6 -color lithographic printing and bindery services. 4. Mailing services such as mail preparation, processing, and delivery to the US Post Office (i.e, Bulk Rate Distribution Center (BRDC) in the City of Industry, CA) of printed publications within the Consultant's required time frame. Communication with the City's graphics team during the entire production and delivery of the printed publication. In the case for CONNECT Magazine, Consultant will produce the quarterly publication per the following specifications. Page Count: 40 pg. self -cover Size: 17" x 11" flat and 8.5" x 11" finish Stock: 70# Gloss Book Ink: 4/4 Process + Satin Aq Bind: Fold, Stitch and Trim; Hold for Mailing Department Proof: Epson Mail: Pre -Sort, Tie and Tray Quantity: 15,500 Distribution: 14,384 to BRDC; 1,116 to City Hall. Consultant shall perform this scope of service for aone- year term fr om the execution date of this Agreement. City and Consultant can extend this Agreement for an additional year, upon mutual agreement by both parties. -5- FIRST AMENDMENT TO Professional Services Agreement by and between CITY OF TEMPLE CITY, A municipal corporation and PACIFIC GRAPHICS, INC., A California corporation Dated July 1, 2013 FIRST AMENDMENT TO AGREEMENT FOR PRINTING SERVICES BETWEEN THE CITY OF TEMPLE CITY, CALIFORNIA AND PACIFIC GRAPHICS, INC. 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 PACIFIC GRAPHICS, INC., a California corporation ("Consultant"), as follows: RECITALS A. City and Consultant entered in a Consultant Services Agreement on December 55 2012 ("Agreement"). The Agreement provides that Consultant will provide printing and bulk mail distribution services for CONNECT Magazine, OPERATIVE PROVISIONS 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: 1.1 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 forty thousand dollars ($40,000), 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: "City shall compensate Consultant for the Services performed upon the quarterly completion of tasks identified in the Scope of Services at a cost not to exceed $10,000. The total compensation for the Services shall not exceed $40,000 as provided in Section 4 of this Agreement." 1.2 SCOPE OF SERVICES. 1.2.1 Exhibit "A" to the Agreement is hereby amended to read as shown on Exhibit "A" attached hereto and incorporated herein by reference. -2- 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 I 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 it 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 First 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: Peggy Kuo, City Clerk APPROVED AS TO FORM Eric S. Vail, City Attorney Name: Yvonne Wasson President City: THE CITY OF TEMPLE CITY By: Jose Pulido, City Manager Consultant: PACIFIC GRAPHICS, INC. -4- Name: Addy O. Salas Title: General Manager EXHIBIT "A" SCOPE OF SERVICES Consultant shall provide the following general services: 1. Standard complete turnaround on print jobs shall be 4 working days, maximum turnaround on any one project would be no more than 7 business days from receipt of digital mechanical to delivery. In case for rush jobs, Consultant shall turn around the job in 72 hours or less. 2. Produce, deliver or accept files from the following software: Adobe Creative Suite 5 (i.e., Photoshop, Illustrator, Indesign) and high resolution PDF. 3. Provide 1- to 6 -color lithographic printing and bindery services. 4. Mailing services such as mail preparation, processing, and delivery to the US Post Office (i.e., Bulk Rate Distribution Center (BRDC) in the City of Industry, CA) of printed publications within the Consultant's required time frame. 5. Communication with the City's graphics team during the entire production and delivery of the printed publication. In the case for CONNECT Magazine, Consultant will produce the quarterly publication per the following specifications. Page Count: 40 pg. self -cover Size: 17" x 11" flat an d 8.5" x 11" finish Stock: 70# Gloss Book Ink: 4/4 Process + Satin Aq Bind: Fold, Stitch and Trim; Hold for Mailing Department Proof: Epson Mail: Pre -Sort, Tie and Tray Quantity: 15,500 Distribution: 14,384 to BRDC; 1,116 to City Hall. Consultant shall perform this scope of service for aone-year term from the execution date of this Agreement. City and Consultant can extend this Agreement for an additional year, upon mutual agreement by both parties. -5- Eddy O. Salas From: Marilyn Bonus <mbonus@templecity.us> Sent: Friday, June 28, 2013 5:37 PM To: 'eddy@pacgraphics.com' Subject: Agreement Attachments: PGI First Amendment.pdf Good Evening Eddy, Provided in the attachment is the agreement approved by Council during the June 18`h meeting. Please print 2 copies and sign both with original signatures and mail it back to the address below Attn: City Clerk's Office. Once the signatures are fully executed, an original copy will be mailed to you. Should you have any question please contact the information provided below. Sincerely, Marilyn Bonus � Deputy City Clerk City of Temple City 9701 Las Tunas Drive, Temple City, CA 91780 (626) 285-2171, Ext. 2317 A (626) 285-8192 19 www.templecity.us CONFIDENTIALITY NOTICE: This communication is solely far the use of the intended recipients(s) and said communication may contain confidential and/or legally privileged information or otherwise protected by both Federal and We law. Unautho zed interception, review, use, or disclosure is strictly prohibited. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.