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Home My WebLink About4.14 Amendment to Agreement with Wesco Graphics, Inc.STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.14 DATE:July 19, 2022 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Amendment to Agreement with Wesco Graphics, Inc.Prepared by:Shari Jackman,Communications Manager EXECUTIVE SUMMARY:The City Council will consider approving an amendment to the agreement with Wesco Graphics, Inc. to increase the compensation for printing and distribution services. STAFF RECOMMENDATION:Adopt the Resolution Approving an Amendment to the Agreement Between the City of Dublin and Wesco Graphics, Inc. FINANCIAL IMPACT:The amendment to the agreement would increase the not-to-exceed compensation by $16,652.78,from $99,184.58 to $115,837.36. There is sufficient funding in the General Fund operating budget to cover the increase. DESCRIPTION:On July 20, 2021, the City Council approved a two-year agreement with Wesco Graphics, Inc., for the printing and distribution of the City’s newsletters and Activity Guides (Resolution 89-21). These brochures are mailed to each residence in the City of Dublin and are available at each City facility. Recent global increases in the cost of paper necessitate an increase in the not-to-exceed amount provided in the agreement from $99,184.58 to $115,837.36 for Wesco’s services. 524 Page 2 of 2 STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. ATTACHMENTS:1) Resolution Approving an Amendment to the Agreement Between the City of Dublin and Wesco Graphics, Inc.2) Exhibit A to the Resolution – First Amendment to Contracting Services Agreement Between the City of Dublin and Wesco Graphics3) Contractor Services Agreement Between City of Dublin and Wesco Graphics 525 Attachment 1 Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 1 of 1 RESOLUTION NO. XX – 22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF DUBLIN AND WESCO GRAPHICS, INC. WHEREAS,on July 20, 2021, the City of Dublin and Wesco Graphics entered into a Contracting Services Agreement for printing services; and WHEREAS,the existing agreement will expire on June 30, 2023; and WHEREAS,the existing agreement has a not-to-exceed amount of $99,184.58, and due to an increase in the cost of paper, the contract requires additional funds; and WHEREAS,the City and Wesco Graphics now wish to modify Section 2 of the Agreement to increase the not-to-exceed amount to $115,837.36; and WHEREAS, Section 2.36.090 of the Dublin Municipal Code requires City Council approval of supplies, equipment, and services with a cost greater than or equal to $45,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Amendment to the Agreement with Wesco Graphics, Inc., attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the amendment to the agreement and make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 19th day of July 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 526 FIRST AMENDMENT TO CONTRACTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND WESCO GRAPHICS WHEREAS, on July 20, 2021, the City of Dublin (hereinafter referred to as "CITY") and Wesco Graphics (hereinafter referred to as "CONTRACTOR") entered into a Contracting Services Agreement for printing services (hereinafter referred to as the "AGREEMENT"); and WHEREAS, the existing AGREEMENT is scheduled to expire June 30, 2023; and WHEREAS, the existing agreement has a not to exceed amount of $99, 184.58, however, due to an increase in the cost of paper, the contract requires additional funds; and WHEREAS, the CITY and Wesco Graphics now wish to amend the Agreement to modify Section 2 of the Agreement to increase the not-to exceed amount to $115,837.36, and Exhibit B with the updated quote for paper costs. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1)Section 2.0 shall be rescinded in its entirety and replaced with the following: Section 2.0 COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $115,837.36, notwithstanding any contrary indications that may be contained in Contractor's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Contractor's proposal, attached as Exhibit B, 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 in writing, 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 estimated 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 Page 1 of 4 Attachment 2 527 subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2)Paragraph 10.10 Exhibit B shall be rescinded in its entirety and replaced with the attached and incorporated herein. 3)Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 4)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. 5)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. SIGNATURES ON THE FOLLOWING PAGE Page 2 of 4 528 IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date of the City Manager's signature below. CITY OF DUBLIN By:-------------Linda Smith, City Manager Dated: ------- ATTEST: By: Marsha Moore, City Clerk APPROVED AS TO FORM: By:----------City Attorney WESCO GRAPHICS By [�'•;;,I ---c ... -------- Betty Estes, Vice President Page 3 of 4 529 EXHIBIT B COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES Please see attached quote. Page 4 of 4 530 Exhibit B WESCO GRAPHICS, INC. 410 East Grant Line Rd #B. Tracy, CA 95376 Phone 209-832-1000 Fax 209-832-7800 RFQ #3227 9 June 2022 Printing Quotation For City of Dublin Quantity: See Below Pages: See Below Finished Size: 8.25” x 10.75” Paper Stock: Cover - 80# Satin Inside – 40# Estar 84 Brite Annual Report -All Gloss Color: All 4 Color Copy Preparation: Postscript PDF files in CMYK color mode FTP to Wesco Graphics Inserting: $12 per thousand Mailing: EDDM carrier route presort Delivery: Included to Post Office and Office Cost to Print: Fall Winter Guide 84 Pages - 24,000 copies $10,693.39 Spring Guide 76 Pages – 24,000 copies $10,033.05 Summer Camps 60 Pages – 24,000 copies $ 8,492.37 Summer Guide 92 Pages – 24,000 copies $11,353.73 Annual Report 12 Pages – 23,900 copies $ 7,536.80 City Report 20 Pages – 23,900 copies $11,936.80 DPS Annual Report 20 Pages – 1,000 copies $ 2,912.00 531 Attachment 3 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550