CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Ron Rivera, Parks and Recreation Director
DATE: September 5, 2023
SUBJECT: Amendment No. 1 to the Professional Services Agreement with Westamerica Communications, Inc. for the Publication and Distribution of Recreation Brochures and Postcards
RECOMMENDATION
Staff recommends that the City Council:
1. Approve Amendment No. 1 to the Professional Services Agreement for the publication and distribution of recreation brochures and postcards with Westamerica Communications, Inc.; and
2. Authorize the City Manager to execute the amendment and future amendments to the Professional Services Agreement subject to the City Attorney making non- substantive changes.
BACKGROUND
On August 2, 2022, the City Council approved a Professional Services Agreement with Westamerica Communications, Inc. to publish and distribute the City's Parks & Recreation brochures and postcards. Per the agreement, Westamerica Communications, Inc. is to publish the brochure twice per year and postcards quarterly. Postcards are utilized to notify residents of the digital brochure available on the City's website.
ANALYSIS
Since entering into the agreement, it has come to the attention of both parties that postage costs were omitted from the scope of services and were not included in the proposal and agreement despite the parties' shared intention for the City to bear such costs. City staff is now recommending to amend the professional services agreement to include these initially contemplated postage costs. Staff has concluded that the most efficient way to mail the brochures and postcards is to directly compensate Westamerica for the postage costs. These postage costs include the cost of Westamerica's delivery to the post office and coordination of timely deliveries based on the deadlines provided to Westamerica by the City.
Amendment No. 1 to the Professional Services Agreement with Westamerica Communication Inc. (Attachment A) will provide an additional $25,000 to be added to the not-to-exceed amount per contract year to account for anticipated postage costs for the remaining years of the agreement. Amendment No. 1 will increase the annual not-to- exceed amounts as follows:
Fiscal Year Not-To-Exceed Total
FY 23-24 $123,841
FY 24-25 $137,800
FY 25-26 $154,046 (Optional Extension #1)
FY 26-27 $171,728 (Optional Extension #2)
ALTERNATIVES CONSIDERED
The City Council may choose not to approve Amendment No. 1 with Westamerica Communications Inc. Staff does not recommend this option as it would negatively impact the timely delivery of postcards and recreation brochures to Laguna Niguel households.
FISCAL REVIEW
There are sufficient funds for this agreement included in the adopted FY 2023-2024 Parks and Recreation Department budget. Future year funding will be included as part of the annual budget process.
LEGAL REVIEW
The City Attorney's Office has reviewed this report and Amendment No. 1 and has approved both as to form.
CONCLUSION
Staff recommends that the City Council:
1. Approve Amendment No. 1 to the Professional Services Agreement for the publication and distribution of recreation brochures and postcards with Westamerica Communications, Inc.; and
2. Authorize the City Manager to execute the amendment and future amendments to the Professional Services Agreement subject to the City Attorney making non- substantive changes.
Tain q. Martia fri Lace sita
Vamare i S. Letourneau Scott C. Smith
City Manager City Attorney
In An
Ron Rivera Trevor Agrelius
Parks and Recreation Director Finance Director
Attachment:
A. Amendment No. 1 to Professional Services Agreement with Westamerica Communications, Inc.
ATTACHMENT A
Amendment No. 1 to Professional Services Agreement
with Westamerica Communications, Inc.
AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF LAGUNA NIGUEL AND WESTAMERICA COMMUNICATIONS, INC. FOR
PUBLICATION AND DISTRIBUTION OF RECREATION BROCHURES AND
POSTCARDS
THIS AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL
SERVICES ("First Amendment") is made and entered into the _by and between the City of Laguna Niguel, a municipal corporation, hereinafter the "City," and Westamerica Communications, Inc., a California Corporation, hereinafter the "Consultant".
RECITALS
The City required a qualified firm for the publication and distribution of the Recreation Brochure and Postcards to the residents of Laguna Niguel.
The City entered into an Agreement for Professional Services with the Consultant on August 2, 2022 (the "Agreement") to provide the required services.
Postage was not included in the original proposal by the Consultant.
The purpose of this First Amendment is to increase the contracted amounts applicable to the initial term of the Agreement in order to account for the actual postage costs not originally reflected in the Agreement.
AGREEMENT:
NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and covenants herein contained, the parties hereto agree as follows:
The Consultant, in addition to providing the services previously agreed to be provided in the Agreement, shall also provide postage and delivery services at an additional cost not to exceed $25,000 for each contract year commencing with the second fiscal year of the Agreement, as is further described in Section 2 of this Amendment.
2. Amendment. Section 4 of the Agreement, "Payment for Services," is hereby amended to read in its entirety as follows:
"City agrees to pay Consultant for providing the services which are described in Exhibit "A," and to pay for those services in the amount and in the manner and at the times set forth in Exhibit "B." The total not-to-exceed amount that the City will pay for the Scope of Work shall not exceed the following: (1) $86,383 in the first fiscal year of the Agreement (July 1, 2022, through June 30, 2023); (2) $123,840 in the second fiscal year of the Agreement (July 1, 2023, through June 30, 2024); (3) $137,800 in the third fiscal year of the Agreement (July 1, 2024, through June 30, 2025); (4) if the option is exercised, $154,046 in the fourth fiscal year of the Agreement (July 1, 2025, through June 30, 2026); and (5) if the option is exercised, $171,728 in the fifth fiscal year of the Agreement (July 1, 2026, through June 30, 2027).
"Upon submission of each invoice, if the City is satisfied that the Consultant has performed the services described therein, the City shall promptly approve the invoice, in which event, payment shall be made within thirty (30) days of receipt of the invoice by City. Such approval shall not be unreasonably withheld. If the City does not approve an invoice, the City shall notify Consultant in writing of the reasons for the non-approval within seven (7) days of receipt of the invoice." Except as specifically provided in this First Amendment, all terms and conditions of the Agreement for Professional Services shall remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement as of the date first above written.
"CITY"
CITY OF LAGUNA NIGUEL
By:_
Tamara S. Letourneau
City Manager
ATTEST:
Marissa J. Asistin
City Clerk
APPROVED AS TO FORM BY THE
CITY ATTORNEY FOR THE
CITY OF LAGUNA NIGUEL,
CALIFORNIA
Scott C. Smith
City Attorney
"CONSULTANT"
Westamerica Communications, Inc.
a California Corporation
By:
Print Name:
Title:
By:
Print Name:
Title: