Vers.: Aug. 5, 2019
AMENDMENT NO. 2 TO CONTRACT NO. S23184693
BETWEEN THE CITY OF PALO ALTO AND
INFOSEND, INC.
This Amendment No. 2 (this “Amendment”) to Contract No. S23184693 (the “Contract” as defined below) is entered into as of January 22, 2024 by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and INFOSEND, INC., a California Corporation, located at 4240 E. La Palma Ave., Anaheim, CA 92807 (“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in this Amendment.
R E C I T A L S
A. T he Contract (as defined below) was entered into by and between the Parties hereto for the provision of printing services, as detailed therein.
B. T he Parties now wish to amend the Contract in order to increase compensation by Three Hundred Thousand Dollars ($300,000) from Two Hundred Fifty-Five Thousand ($255,000) to a new total not to exceed amount of Five Hundred Fifty-Five Thousand Dollars ($555,000) with no change to the contract term, and to amend the schedule of rates.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term “Contract” shall mean Contract No. S23184693 between CONSULTANT and CITY, dated February 1, 2023 as amended by:
Amendment No. 1, dated September 6, 2023
b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract.
SECTION 2. Section 4 “NOT TO EXCEED C OMPENSATION” of the Contract is hereb y amended to read as follows:
“The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed Five Hundred Fifty-Five Thousand Dollars ($555,000). The yearly rate for year one is not to exceed One Hundred Thirty -Five Thou sand Dollars ($135,000) and years two and three shall not exceed Two Hundred Ten Thousand dollars ($210,000) per year. The hourly schedule of rates, if applicable, is set out in Exhibit C- 1, entitled “SCHEDULE OF RATES.” Any work performe d or expenses incurred for which DocuSign Envelope ID: 806F3512-AEDD-452F-9ACF-A0136EE03EA2 Vers.: Aug. 5, 2019
payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.”
SECTION 4. The following exhibit(s) to the Contract is/are hereby amended or added, as indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are hereby incorporated in full into this Amendment and into the Contract by this reference:
a. Exhibit “C -1” entitled “ SCHEDULE OF RATES ”, AMENDED, REPLACES PREVIOUS.
SECTION 5. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 6. Incorporation of Recitals . The recita ls set forth above are terms of this Amendment and are fully incorporated herein by this reference.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
DocuSign Envelope ID: 806F3512-AEDD-452F-9ACF-A0136EE03EA2 Vers.: Aug. 5, 2019
SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written.
CITY OF PALO ALTO
_____________________________
City Manager
APPROVED AS TO FORM:
_____________________________
City Attorney or designee
INFOSEND, INC.
Officer 1
By:______________________________
Name:___________________________
Title:____________________________
Officer 2
By:______________________________
Name:___________________________
Title:____________________________
Attachments:
EXHIBIT “C-1” “SCHEDULE OF RATES” (AMENDED, REPLACES PREVIOUS)
DocuSign Envelope ID: 806F3512-AEDD-452F-9ACF-A0136EE03EA2 President
Russ Rezai
Executive Vice President
Roxana Weil
Vers.: Aug. 5, 2019
EXHIBIT C-1
SCHEDULE OF RATES AMENDMENT NO. 1
(AMENDED, REPLACES PREVIOUS)
CONSULTANT’S schedule of rates is as follows but not limited to the following:
BID
ITEM
DESCRIPTION, WITH UNIT PRICE IN WORDS (PRICE IS INCLUSIVE
OF ALL APPLICABLE TAXES)
UNIT PRICE
1 03-compost-giveaway-station-march
$ 0.16 Sample Item No. 1 from the RFP Attachment E – Cost Proposal 2 Bill Insert
$ 0.16
Sample Item No. 2 from the RFP Attachment E – Cost Proposal 3 cpau_smartenergybooklet2018_v03
$ 1.00
Sample Item No. 3 from the RFP Attachment E – Cost Proposal
4 cpauwaterannual2020
$ 0.80
Sample Item No. 4 from the RFP Attachment E – Cost Proposal
5 CS 100 Door Hanger
$ 0.50
Sample Item No. 5 from the RFP Attachment E – Cost Proposal
6 Door Hanger
$ 0.65
Sample Item No. 6 from the RFP Attachment E – Cost Proposal
7 envelope2
$ 0.40
Sample Item No. 7 from the RFP Attachment E – Cost Proposal
8 Envelope
$ 0.40
Sample Item No. 8 from the RFP Attachment E – Cost Proposal
9 gas-safety-brochure-2021-no-crops
$ 0.18
Sample Item No. 9 from the RFP Attachment E – Cost Proposal
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BID
ITEM
DESCRIPTION, WITH UNIT PRICE IN WORDS (PRICE IS
INCLUSIVE OF ALL APPLICABLE TAXES)
UNIT PRICE
10 Letter head
$ 0.10
Sample Item No. 10 from the RFP Attachment E – Cost Proposal 11 Meter Read Cards a
$ 0.20
Sample Item No. 11 from the RFP Attachment E – Cost Proposal
12 Meter Read Cards b
$ 0.20
Sample Item No. 12 from the RFP Attachment E – Cost Proposal
13 pal032-billinsert-ev-3.2021
$ 0.18
Sample Item No. 13 from the RFP Attachment E – Cost Proposal
14 pal035-billinsert-water-3.2022revise
$ 0.16
Sample Item No. 14 from the RFP Attachment E – Cost Proposal
15 pal035-billinsert-water-3.2022revise- commercial
$ 0.16
Sample Item No. 15 from the RFP Attachment E – Cost Proposal
16 palo-alto-fiber-conversation-utility-insert-new
$ 0.16
Sample Item No. 16 from the RFP Attachment E – Cost Proposal
17 printing services
$ 0.10
Sample Item No. 17 from the RFP Attachment E – Cost Proposal 18 uaag-final-2021-brochure-insertct
$ 1.00
Sample Item No. 18 from the RFP Attachment E – Cost Proposal
19 utility-insert-2.14-for-web
$ 1.00
Sample Item No. 19 from the RFP Attachment E – Cost Proposal
20 AMI/Water Heating RES H20 Energy Tips
$ 0.174
7x11, 4/4, folded to 7x3.67, 100% Recycled
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21 RES Jan EV Charge RES Nov 2023 Heat Pump Water Heater $ 0.095
7x3.5, 100% Recycled 80# gloss book
22 Green Resources Guide
$ 4.83
Digital print 4/4 8.5x5.5 20 pg. self-booklets on 100# gloss book w/100% recycled, Fold & Saddle stitch Carton Pack
23 CCR Postcards EDDM mailing to Residents, Businesses & Po boxes $ 0.137
3.88x9.25 Postcards on 100# 100% Recycled Gloss Cover
24 Letter
$ 0.293
8.5x15.5 letter on 100% recycled 60# offset, #10 printed 1/0 envelope
*Actual pricing will be provided at time of order and based on actual quantity. Unit pricing will remain constant. Recycled papers will be utilized if available. Total item price will be provided at time of order and based on actual quantity. The City does not guarantee a minimum or maximum order quantity. The total compensation for year one is not to exceed One Hundred Thirty-Five Thousand Dollars ($135,000) and years two and three shall not exceed Two Hundred Ten Thousand dollars ($210,000) per year.
DocuSign Envelope ID: 806F3512-AEDD-452F-9ACF-A0136EE03EA2