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Home My WebLink AboutReso 132-19 Approving an Amendment to the Agreement With ECS Imaging, Inc. for Scanning and Imaging Services Related to City RecordsRESOLUTION NO. 132 - 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AMENDMENT TO THE AGREEMENT WITH ECS IMAGING, INC. FOR SCANNING AND IMAGING SERVICES RELATED TO CITY RECORDS WHEREAS, on November 30, 2018 the City Manager approved an Agreement for scanning and imaging services related to City records with ECS Imaging, Inc.; and WHEREAS, the City wishes to extend the term of the Agreement for an additional 18 months until June 30, 2021, and increase the compensation to a not -to -exceed amount of $100,000; and WHEREAS, Consultant will maintain the rate schedule previously approved on November 30, 2018. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves the amendment to the Agreement with ECS Imaging, Inc., for an additional scanning and imaging services in the amount of $100,000, attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized and directed to execute the amendment and such other documents, and to take such other and further action, as necessary and appropriate to carry out the Intent of this Resolution. PASSED, APPROVED AND ADOPTED this 17th day of December, 2019, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Councilmembers Goel, Hernandez, Josey, Kumagai and Mayor Haubert None None None City Clerk j �-- Mayor Reso No. 132-19, Item 4.8, Adopted 12/17/19 Page 1 of 1 FIRST AMENDMENT TO CONTRACTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND ECS IMAGING, INC. WHEREAS, on January 1, 2019, the City of Dublin (hereinafter referred to as "CITY") and ECS Imaging, Inc. (hereinafter referred to as "CONTRACTOR ") entered into a Contracting Services Agreement for imaging and scanning services related City records (hereinafter referred to as the "AGREEMENT"); and WHEREAS, the existing AGREEMENT is set to expire on December 31, 2019; and WHEREAS, the existing AGREEMENT has a not -to -exceed amount of $30,000; and WHEREAS, the CITY and CONTRACTOR now wish to amend the Agreement to extend the term to expire on June 30, 2021, increase compensation due to the increased scope of services, modify sections 7.5 and 9.11 of the Agreement. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Section 1.1. shall be rescinded in its entirety and replaced with the following: Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2021, the date of completion specified in Exhibit A and Contractor shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. Notwithstanding the foregoing this Agreement may be extended to on a month -to -month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that; a) sufficient funds have been appropriated for such purpose, and b) the price charged by the Contractor for the provision of the services described in Exhibit A does not increase. None of the foregoing shall affect the City's right to terminate the Agreement, as provided for in Section 8. 2) Section 2 shall be rescinded in its entirety and replaced with the following: COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $100,000, notwithstanding any contrary indications that may be contained in Contractor's proposal, for services to be performed under this Agreement. In the event of a conflict between this Agreement and Contractor's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Contractor shall not bill City for duplicate services performed by more than one person. Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor's costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 3) Section 7.5 shall be rescinded in its entirety and replaced with the following: Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the basis of a person's race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a "Protected Characteristic"), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. 4) Paragraph 9.11 Integration shall be rescinded in its entirety and replaced with the following: 9.11 Integration. This Agreement, including Exhibits A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. 5) Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 6) All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above. 7) The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated: Z r By- hristopher L. Fo s, Ci Manager ATTEST: By: Caroline Soto, City Clerk ECS IMAGING, INC. Dated: l By: �' ✓�C f �--- Pete Her8c elman, V.P. 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Foss, City Manager SUBJECT: Amendment to the Agreement with ECS Imaging, Inc. for Imaging and Scanning Services Related to City Records Prepared by. Caroline P. Soto, City Clerk/Records Manager EXECUTIVE SUMMARY: The City Council will consider an amendment to the agreement with ECS Imaging, Inc. for imaging and scanning services related to City records. STAFF RECOMMENDATION: Adopt the Resolution Approving an Amendment to the Agreement with ECS Imaging, Inc. for Imaging and Scanning Services Related to City Records. FINANCIAL IMPACT: Sufficient funds have been budgeted for Fiscal Year 2019-20 and appropriate funds will be allocated in Fiscal Year 2020-21. DESCRIPTION: The City Manager approved an agreement with ECS Imaging, Inc. for imaging and scanning services related to City records on November 30, 2018. The current agreement (Attachment 3) will expire on December 31, 2019 and has a not -to -exceed amount of $30,000. The proposed amendment to the agreement (Attachment 2) will extend the term of the agreement through June 30, 2021 and increase the compensation to a not -to -exceed amount of $100,000. ECS has provided scanning and imaging services that are compatible with the City's records management system (RMS), Laserfiche. Previous solicitation of bids produced additional vendors but when Staff sent sample boxes of records for scanning and imaging services, the vendors were unable to produce usable images to incorporate into the City's RMS. Page 1 of 2 STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Approving an Amendment fo the Agreement with ECS Imaging, Inc. for Scanning and Imaging Services Related to City Records 2. Exhibit A to the Resolution 3. Agreement with ECS Imaging, Inc. has Foss, City Manager _ 12;10/2019 Page 2 of 2 RESOLUTION NO. XX -19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AMENDMENT TO THE AGREEMENT WITH ECS IMAGING, INC. FOR SCANNING AND IMAGING SERVICES RELATED TO CITY RECORDS WHEREAS, on November 30, 2018 the City Manager approved an Agreement for scanning and imaging services related to City records with ECS Imaging, Inc.; and WHEREAS, the City wishes to extend the term of the Agreement for an additional 18 months until June 30, 2021, and increase the compensation to a not -to -exceed amount of $100,000; and WHEREAS, Consultant will maintain the rate schedule previously approved on November 30, 2018. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves the amendment to the Agreement with ECS Imaging, Inc., for an additional scanning and imaging services in the amount of $100,000, attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized and directed to execute the amendment and such other documents, and to take such other and further action, as necessary and appropriate to carry out the Intent of this Resolution. PASSED, APPROVED AND ADOPTED this 17th day of December, 2019, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor Reso No. XX-19, Item X.X, Adopted 12/17/19 Page 1 of 1