HomeMy WebLinkAboutAgreement A-21-175 with Toppan Merrill Inc..pdf-1-
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A G R E E M E N T
THIS AGREEMENT (“Agreement”) is made and entered into this day of _____, 2021, by and
between the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to
as "COUNTY", and TOPPAN MERRILL, LLC, a Delaware Corporation, whose address is 1501 Energy
Park Drive, St. Paul, MN 55108, hereinafter referred to as "CONTRACTOR".
W I T N E S S E T H:
WHEREAS, the COUNTY desires to engage the CONTRACTOR for the purpose of providing
County Voter Information Guide (“CVIG”) booklets for the COUNTY; and
WHEREAS CVIG booklets are required to be mailed to each registered voter per the California
Elections Code; and
WHEREAS, the COUNTY has a continued need for these services; and
WHEREAS, the CONTRACTOR has provided similar services to the COUNTY since 2015 with
performance that has been consistently to the satisfaction of the COUNTY; and
WHEREAS, the CONTRACTOR has offered significant price discounts to the COUNTY during the
term of this agreement; and
WHEREAS, prior to expiration of this Agreement, the COUNTY will develop and advertise a formal
Request for Proposals to determine the successive provider of these services; and
WHEREAS CONTRACTOR has the qualified personnel, facilities and resources to provide CVIG
booklets to the COUNTY in a timely manner;
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
contained, the parties hereto agree as follows:
1.OBLIGATIONS OF THE CONTRACTOR
25th May
Agreement No. 21-175
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A.CONTRACTOR shall perform all services and fulfill all responsibilities as
set forth in its Scope of Work, attached hereto as Exhibit A, incorporated
herein by reference made part of this Agreement.
B.CONTRACTOR shall maintain California Secretary of State certification
and licensing requirements to print CVIG booklets in California.
C.CONTRACTOR will adhere to the County Clerk/Registrar of Voters’ plan
to lay out and develop CVIG booklets for registered voters in Fresno County,
as described more specifically in Exhibit A.
2.OBLIGATIONS OF THE COUNTY
A.COUNTY will provide CONTRACTOR with all information necessary to
produce the CVIG booklets under this Agreement.
3.TERM
The term of this Agreement shall be for a period of two (2) years, commencing on July 1, 2021
through and including June 30, 2023.
4.TERMINATION
A.Non-Allocation of Funds - The terms of this Agreement, and the services to
be provided hereunder, are contingent on the approval of funds by the appropriating government
agency. Should sufficient funds not be allocated, the services provided may be modified, or this
Agreement terminated, at any time by giving the CONTRACTOR thirty (30) days advance written
notice.
B.Breach of Contract - The COUNTY may immediately suspend or terminate this
Agreement in whole or in part, where in the determination of the COUNTY there is:
1)An illegal or improper use of funds;
2)A failure to comply with any term of this Agreement;
3)A substantially incorrect or incomplete report submitted to the COUNTY;
4)Improperly performed service.
In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach
of this Agreement or any default which may then exist on the part of the CONTRACTOR. Neither shall such
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payment impair or prejudice any remedy available to the COUNTY with respect to the breach or default.
The COUNTY shall have the right to demand of the CONTRACTOR the repayment to the COUNTY of any
funds disbursed to the CONTRACTOR under this Agreement, which in the judgment of the COUNTY were
not expended in accordance with the terms of this Agreement. The CONTRACTOR shall promptly refund
any such funds upon demand.
C.Without Cause - Under circumstances other than those set forth above, this
Agreement may be terminated by COUNTY upon the giving of thirty (30) days advance written notice of an
intention to terminate to CONTRACTOR.
5.COMPENSATION/INVOICING: COUNTY agrees to pay CONTRACTOR and
CONTRACTOR agrees to receive compensation as outlined in the Price List, attached hereto as Exhibit B,
and incorporated herein by reference and made part of this Agreement. CONTRACTOR shall submit
invoices upon completion of services, in triplicate, to: the County of Fresno, Department of County
Clerk/Elections, 2221 Kern Street, Fresno, CA 93721. Payments shall be made by COUNTY to
CONTRACTOR in arrears, for services provided during the preceding month(s), within forty-five (45) days
after the date of receipt by COUNTY of an invoice. COUNTY will be provided with a 1% early payment
discount if payment is made to CONTRACTOR within 10 business days of the date on the invoice (Net 10).
All costs identified in Exhibit B will be maintained throughout the contract period.
In no event shall compensation paid for services performed under this Agreement be in excess of
One Million Five Hundred Thousand and No/100 Dollars ($1,500,000.00) during the term of this
Agreement. It is understood that all expenses incidental to CONTRACTOR'S performance of services
under this Agreement shall be borne by CONTRACTOR.
6.INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations
assumed by CONTRACTOR under this Agreement, it is mutually understood and agreed that
CONTRACTOR, including any and all of the CONTRACTOR'S officers, agents, and employees will at all
times be acting and performing as an independent contractor, and shall act in an independent capacity and
not as an officer, agent, servant, employee, joint venturer, partner, or associate of the COUNTY.
Furthermore, COUNTY shall have no right to control or supervise or direct the manner or method by which
CONTRACTOR shall perform its work and function. However, COUNTY shall retain the right to administer
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this Agreement so as to verify that CONTRACTOR is performing its obligations in accordance with the
terms and conditions thereof.
CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the rules and
regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
Because of its status as an independent contractor, CONTRACTOR shall have absolutely no right
to employment rights and benefits available to COUNTY employees. CONTRACTOR shall be solely liable
and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In
addition, CONTRACTOR shall be solely responsible and save COUNTY harmless from all matters relating
to payment of CONTRACTOR'S employees, including compliance with Social Security withholding and all
other regulations governing such matters. It is acknowledged that during the term of this Agreement,
CONTRACTOR may be providing services to others unrelated to the COUNTY or to this Agreement.
7.MODIFICATION: Any matters of this Agreement may be modified from time to time by the
written consent of all the parties without, in any way, affecting the remainder.
8.NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement
nor their rights or duties under this Agreement without the prior written consent of the other party.
9.HOLD HARMLESS: CONTRACTOR agrees to indemnify, save, hold harmless, and at
COUNTY'S request, defend the COUNTY, its officers, agents, and employees from any and all costs and
expenses (including attorney’s fees and costs), damages, liabilities, claims, and losses occurring or
resulting to COUNTY in connection with the performance, or failure to perform, by CONTRACTOR, its
officers, agents, or employees under this Agreement, and from any and all costs and expenses (including
attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm,
or corporation who may be injured or damaged by the performance, or failure to perform, of
CONTRACTOR, its officers, agents, or employees under this Agreement.
The provisions of this Section 9 shall survive termination of this Agreement.
10.INSURANCE
Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third
parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance
policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or
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Joint Powers Agreement (JPA) throughout the term of the Agreement:
A.Commercial General Liability
Commercial General Liability Insurance with limits of not less than Two Million Dollars
($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This
policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including
completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal
liability or any other liability insurance deemed necessary because of the nature of this contract.
B.Automobile Liability
Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars
($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto
used in connection with this Agreement.
C.Professional Liability
If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in
providing services, Professional Liability Insurance with limits of not less than One Million Dollars
($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate.
D.Worker's Compensation
A policy of Worker's Compensation insurance as may be required by the California Labor
Code.
Additional Requirements Relating to Insurance
CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance naming
the County of Fresno, its officers, agents, and employees, individually and collectively, as additional
insured, but only insofar as the operations under this Agreement are concerned. Such coverage for
additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained
by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance
provided under CONTRACTOR's policies herein. This insurance shall not be cancelled or changed without
a minimum of thirty (30) days advance written notice given to COUNTY.
CONTRACTOR hereby waives its right to recover from COUNTY, its officers, agents, and
employees any amounts paid by the policy of worker’s compensation insurance required by this
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Agreement. CONTRACTOR is solely responsible to obtain any endorsement to such policy that may be
necessary to accomplish such waiver of subrogation, but CONTRACTOR’s waiver of subrogation under
this paragraph is effective whether or not CONTRACTOR obtains such an endorsement.
Within Thirty (30) days from the date CONTRACTOR signs and executes this Agreement,
CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the
foregoing policies, as required herein, to the County of Fresno, James A. Kus, County Clerk/Registrar of
Voters, 2221 Kern Street, Fresno, CA 93721, stating that such insurance coverage have been obtained and
are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any
premiums on the policies; that for such worker’s compensation insurance the CONTRACTOR has waived
its right to recover from the COUNTY, its officers, agents, and employees any amounts paid under the
insurance policy and that waiver does not invalidate the insurance policy; that such Commercial General
Liability insurance names the County of Fresno, its officers, agents and employees, individually and
collectively, as additional insured, but only insofar as the operations under this Agreement are concerned;
that such coverage for additional insured shall apply as primary insurance and any other insurance, or
self-insurance, maintained by COUNTY, its officers, agents and employees, shall be excess only and not
contributing with insurance provided under CONTRACTOR's policies herein; and that this insurance shall
not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to
COUNTY.
In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein
provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this
Agreement upon the occurrence of such event.
All policies shall be issued by admitted insurers licensed to do business in the State of California,
and such insurance shall be purchased from companies possessing a current A.M. Best, Inc. rating of A
FSC VII or better.
11.AUDITS AND INSPECTIONS: The CONTRACTOR shall at any time during business
hours, and as often as the COUNTY may deem necessary, make available to the COUNTY for examination
all of its records and data with respect to the matters covered by this Agreement. The CONTRACTOR
shall, upon request by the COUNTY, permit the COUNTY to audit and inspect all of such records and data
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necessary to ensure CONTRACTOR'S compliance with the terms of this Agreement.
If this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR shall be subject to
the examination and audit of the California State Auditor for a period of three (3) years after final payment
under contract (Government Code Section 8546.7).
12.NOTICES: The persons and their addresses having authority to give and receive notices
under this Agreement include the following:
COUNTY CONTRACTOR
COUNTY OF FRESNO Toppan Merrill, LLC James A. Kus, County Clerk/Registrar of Voters County Clerk/Elections Department 2221 Kern Street
1501 Energy Park Drive St. Paul, MN 55108
Fresno, CA 93721
All notices between the COUNTY and CONTRACTOR provided for or permitted under this
Agreement must be in writing and delivered either by personal service, by first-class United States mail, by
an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by
personal service is effective upon service to the recipient. A notice delivered by first-class United States
mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid,
addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one
COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid,
with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by
telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is
completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the
next beginning of a COUNTY business day), provided that the sender maintains a machine record of the
completed transmission. For all claims arising out of or related to this Agreement, nothing in this section
establishes, waives, or modifies any claims presentation requirements or procedures provided by law,
including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code,
beginning with section 810).
13.GOVERNING LAW: Venue for any action arising out of or related to this Agreement shall
only be in Fresno County, California.
The rights and obligations of the parties and all interpretation and performance of this Agreement
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shall be governed in all respects by the laws of the State of California.
14.DISCLOSURE OF SELF-DEALING TRANSACTIONS
This provision is only applicable if the CONTRACTOR is operating as a corporation (a for-profit
or non-profit corporation) or if during the term of the agreement, the CONTRACTOR changes its status
to operate as a corporation.
Members of the CONTRACTOR’s Board of Directors shall disclose any self-dealing transactions
that they are a party to while CONTRACTOR is providing goods or performing services under this
agreement. A self-dealing transaction shall mean a transaction to which the CONTRACTOR is a party
and in which one or more of its directors has a material financial interest. Members of the Board of
Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a
Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit C and incorporated herein by
reference, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or
immediately thereafter.
15.LIQUIDATED DAMAGES:
The Parties acknowledge and agree that if CONTRACTOR fails to timely deliver ballot materials
as required by this Agreement, COUNTY will incur substantial damages. The Parties further
acknowledge and agree that such damages would be difficult to estimate on the date of this Agreement.
The Parties agree that the Liquidated Damages Amount, hereinafter defined, represents a reasonable
estimate of what the COUNTY's damages would be in the event of a breach by CONTRACTOR.
For each calendar day after the delivery deadline of forty four (44) days before an election as set
forth in "Time Frames/Dates for Delivery" in Exhibit A, CONTRACTOR shall pay COUNTY the sum of
Ten Thousand Dollars ($10,000.00) per day as fixed and agreed liquidated damages (the "Liquidated
Damages Amount"), but not as a penalty. Liquidated damages shall under no circumstances exceed
One Hundred Thousand Dollars ($100,000.00).
CONTRACTOR does hereby authorize COUNTY to deduct such Liquidated Damages Amount
from any amount owing to CONTRACTOR. CONTRACTOR further agrees that any such deduction shall
not in any degree release it from further obligation and liabilities in regard to the fulfillment of the entire
contract.
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It is further agreed that time is of the essence in fulfilling the obligations of the Agreement.
CONTRACTOR shall not be charged the Liquidated Damages Amount or any excess costs when the
delay in completion is due to any of the following:
a.Any preference, priority of allocation duly issued by the COUNTY.
b.Any unforeseen causes beyond the control and without the fault of CONTRACTOR, including
but not limited to, acts of God or of the public enemy provided, further, that CONTRACTOR shall, within
one day of such delay, notify the County Clerk/Registrar of Voters. COUNTY will grant no delays and
extensions of time on account of work performed in a grossly negligent manner.
16.ELECTRONIC SIGNATURE: The parties agree that this Agreement may be executed by
electronic signature as provided in this section. An “electronic signature” means any symbol or process
intended by an individual signing this Agreement to represent their signature, including but not limited to (1)
a digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned
and transmitted (for example by PDF document) of a handwritten signature. Each electronic signature
affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of
the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any
administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten
signature of that person. The provisions of this section satisfy the requirements of Civil Code section
1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5,
beginning with section 1633.1). Each party using a digital signature represents that it has undertaken and
satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5),
and agrees that each other party may rely upon that representation. This Agreement is not conditioned
upon the parties conducting the transactions under it by electronic means and either party may sign this
Agreement with an original handwritten signature.
17.ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the
CONTRACTOR and COUNTY with respect to the subject matter hereof and supersedes all previous
Agreement negotiations, proposals, commitments, writings, advertisements, publications, and
understanding of any nature whatsoever unless expressly included in this Agreement. ///
///
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
2 first hereinabove written .
3
4 CONTRACTOR
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t>/Jd
Mailing Address A-MY\~, l'Y\ c, )4--
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FOR ACCOUNTING USE ONLY:
Fund: 0001
Subclass: 10000
ORG :28500600
Account:7295
COUNTY OF
Steve Brandau , hairman of the Board of
Superv isors of the County of Fresno
ATTEST:
Bern ice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of Californ ia
By : _ __.cR-.JJ,,-11, __ "_4 ·.._. __ r _L ..... Wf*~----
Dep ~
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Exhibit A
Page 1 of 6
EXHIBIT A - SCOPE OF WORK
Toppan Merrill, LLC (“Vendor”) will provide County Voter Information Guide (“CVIG”) booklets to
the County of Fresno ("County"). CVIG booklets are required to be provided to registered voters
per the California Elections Code. CVIG booklets include a facsimile of the official ballot and a
voter pamphlet section. The practice or sample ballot included in the booklet shall be identical to
the official ballot. CVIG booklets will be printed on paper of a different texture from the
paper to be used for the official ballot. CVIG booklets will be mailed to each registered
voter for each election and can be mailed starting E-40 to E-15.
The County of Fresno currently utilizes the Dominion Democracy Suite 5.10 Optical Scan Voting
System. This system allows the use of a paper ballot available in any size between 8 ½” x 11”
and 8 ½” x 22”. Therefore, the requirement is for a CVIG booklet that will allow the largest ballot,
with a slight reduction, to be laid out in a landscape format covering multiple pages. The vendor
must meet United States Post Office (“USPS”) requirements for maximum mailing discounts.
CVIG booklets will include but are not limited to the following:
• Covers – Front and Back
• Vote by Mail Instructions
• Practice Ballot Pages
• Voter Pamphlet Pages
• Candidate Statement Pages
• Measures – Full Text
• Analyses
• Maps
• Legal Descriptions
• Arguments
• Rebuttal Arguments
• Financial Impact Statements
• Tax Rate Statements
• Letter from the County Clerk/Registrar of Voters
• Filler Pages
Vendor shall meet all of the requirements and specifications outlined below.
1. LAYOUT
Vendor shall lay out CVIG booklets in accordance with the California Elections Code (currently
Sections 13300-13317). All rough layouts will be provided to the County of Fresno for review in
a timely manner. The County of Fresno must approve any items created that are not covered in
the above sections. CVIG booklet parts include: Front and back cover, letter from the County
Clerk/Registrar of Voters, filler pages, a facsimile of the official ballot, statements about the
propositions/measures and rebuttals, and candidate statements.
2. SIZE
The overall size of the CVIG booklet is 8 ½” x 11”. Pages will generally be laid out in landscape
orientation; Portrait orientation may be used for smaller elections.
Exhibit A
Page 2 of 6
Inside pages of the CVIG booklet are to be 20-pound recycled paper and/or standard
newsprint 45/48.8GSM with black ink only.
3. STOCK
For maximum postal rate economy, the cover should be a minimum of .009 mil (67# Bristol or
90# cover or the equivalent). Inside pages of the CVIG booklet are to be 20-pound recycled
paper and/or standard newsprint 45/48.8GSM.
4. PRESSWORK
Cover: Black ink with two colors.
Body: Black ink.
Colors may be added as required to highlight certain areas.
5. ARTWORK
The County of Fresno will provide an image of the camera-ready official ballot in a PDF
postscript file in English and Spanish.
The County will forward the voter pamphlet artwork electronically in a WORD or PDF file to the
vendor for layout. The County will begin to forward the voter pamphlet artwork electronically to
the vendor for layout approximately 88 days before an election.
The County will provide candidate statements, measure text, and filler pages to the vendor
electronically. The vendor will prepare all camera-ready pages and the artwork. The vendor will
be ready and capable of copying filler pages provided by the County and recreating those
pages. The County will provide a mock-up of the covers as well as all necessary contest and
ballot typing reports.
6. TRANSLATIONS
The County of Fresno will provide the translation and artwork for the Spanish Practice ballots.
Vendor will provide Spanish translations for CVIG booklets. All items in the CVIG Booklet, other
than the Practice Ballots, will need to be translated into Spanish. The only items not needing a
translation are when candidates or measures are in a district where another county is the
principal county; the County will use the principal county’s translations in those cases.
Vendor will provide other translations required for the CVIG booklet upon request from the
County. At this time, the County is required to provide translated materials in: Chinese, Hmong,
Khmer, Korean, Laos, Punjabi, Tagalog, and Vietnamese. Additional languages may be
assigned by the Federal or State authorities during the life of the contract. Only limited pages
within the CVIG booklet require translation into these additional languages. Vendor will need to
translate facsimiles of the official ballot, called Ballot Translation Guides, in these additional
languages. Ballot Translation Guides include a cover, introductory explanation page and
translated ballot information ranging in length from one (1) page to twenty (20) plus pages.
All translators used must meet the standards listed in the California Elections Code (Currently
section 14111).
Exhibit A
Page 3 of 6
Vendor will provide the County with electronic files, in WORD and PDF formats, of all translated
CVIG booklets and ancillary materials, with specific naming convention, for posting on the
County website and associated accessible interaction venues.
7. ASSEMBLY GUIDE
The vendor will create all necessary Assembly Guides for the assembling of the CVIG booklets.
This involves creating a pagination for each ballot style that incorporates all the candidates’
statements, local measures and other content that relate to each ballot style.
8. ORDER
CVIG booklets will be printed by style/type as contained in Exhibit A and B. A style/type of CVIG
booklet is determined per each election by the districts in which a voter resides and the
jurisdictions that are actually on the ballot for that particular election.
An electronic CVIG booklet proof, including the County’s ballot card artwork shall be sent to the
County of Fresno Elections Department fifty-seven (57) days prior to the election (E-57).
Perforations: Required on back cover around application for Remote Accessible Vote by Mail
and Language preference postcard.
Binding: The total piece should not exceed 8 ½” x 11” and booklets should be stapled.
Packing: Carton pack by style. Pack no more than fifty pounds per box. Cartons will be
palletized and shrink wrapped on pallets no longer than 48” x 48” and a total combined height of
pallet and cartons shall not exceed 59”. All cartons must be labeled individually with the
following information: Ballot style/type, number of parts per book and quantity contained therein.
NO MORE THAN ONE (1) BALLOT STYLE/TYPE PER CARTON.
• Minimum order should not exceed 100 per style.
Vendor will provide a minimum page count of four (4).
9. SHIPPING
All shipping will be FOB County of Fresno CVIG booklets will be shipped to the following three
(3) different locations:
1. Fresno County Clerk Election Warehouse
4525 E. Hamilton Ave.
Fresno, CA 93702
2. Integrated Voting Systems
496 S. Uruapan Way
Dinuba, CA 93618
(or location designated by the County Clerk/Registrar of Voters’ Office)
The County of Fresno is to be notified by telephone and e-mail the day that the CVIG booklets
are shipped. The name of the shipping company, telephone number, address, and the exact
delivery date of the shipment should be included.
Exhibit A
Page 4 of 6
10. DELIVERY PERIOD
Finished CVIG booklets are to be delivered to all designated locations no later than 46 days
before the election (E-46).
13. TIME FRAMES/DATES FOR DELIVERY
E-88 –County starts submitting electronic documents of the CVIG booklet’s content to the
Vendor
E-75 – Deadline for submission of CVIG booklet order to Vendor
E-75 – Deadline for cover artwork to be finalized and given to Vendor
E-72 – Deadline for County to send reports of races and styles to Vendor
E-71 – Deadline for all filler pages, County Clerk/Registrar of Voters’ letter, and candidate
statements to be laid out, proofed, and finalized by Vendor
E-67 – Deadline for all measures to be laid out, proofed, and finalized (text, impartial analysis,
tax rate statement, arguments, and rebuttals) by Vendor
E-60 – Deadline for final Practice Ballot card artwork to be sent to Vendor
E-60 – Deadline for Ballot Translation Guide materials for formatting and translation to Vendor
E-57 – 1st physical CVIG booklet and electronic sample to be sent to County for proofing and
approval to print
E-57 to E-54 – Remainder of physical CVIG booklets, per style, to be sent to County for proofing
and approval to print
E-55 – Deadline for Ballot Translation Guides format proofed and approved
E-50 – Deadline for Spanish CVIG booklets to be sent to County for proofing and approval to
print
E-50 – Deadline to receive digital files from Vendor for County’s website (with special naming
convention)
E-46 – Deadline for all English CVIG booklets to be at mailing house for mailing
E-45 – Deadline for translated Ballot Translation Guides proofed and approved, electronic files
provided to County
E-34 – Mailing house to mail out CVIG booklets
E+7 – Deadline for billing allocation to be submitted to County
14. FINANCIAL STABILITY/VENDOR FINANCIAL INFORMATION
Vendor shall make available, upon request of the County, copies of the most recent year’s
independently audited financial statements, as well as those for the preceding three (3) years, if
they exist. The submission shall include the audit opinion, balance sheet, income statement,
retained earnings, cash flows, and notes to the financial statements. If independently audited
financial statements do not exist for the Vendor, the Vendor shall state the reason and, instead,
submit sufficient information such as the latest Dun and Bradstreet report. The County may
request and the Vendor shall supply any additional financial information requested in a timely
manner.
Vendor should provide their legal name, and if Vendor is a corporation, provide the state and
date of incorporation. If Vendor is a corporation, the names of the three (3) largest shareholders
and their percentage ownership should be provided. If Vendor has a parent corporation, please
provide the names of its three (3) largest shareholders and their percentage ownership.
Exhibit A
Page 5 of 6
15. EMERGENCY CONTINGENCY PLAN
Vendor shall provide an emergency contingency plan which addresses the following for the
County in the event of an emergency:
- Data backup and recovery.
- All mission critical systems.
- Financial and operational statements.
- Alternative communications with customers, employees, and
regulators.
- Alternate physical location of employees.
- Critical supplier, contractor and regulatory reporting.
Vendor shall continue business, transfer operations to an alternate location if necessary and
notify the County regarding how to contact them in case of an emergency.
16. MANAGEMENT PLAN
The County will be supported by an overall account manager who is tasked with driving program
solutions and serving as a key person for solution development and customer service. Vendor
will assign to the County a dedicated project manager who serves as the day-to-day point of
contact.
Vendor will provide numerous methods of communication with the County including in-person
meetings, conference calls, and electronic communications such as e-mail and WebEx
sessions.
17. VENDOR ELECTION WEBSITE
County staff will be provided with Vendor Election Website access, training, and support at no
additional cost to the County. The Vendor Election Website will be available to the County for all
elections covered within the contract period.
18. SCHEDULE OF UP-COMING ELECTIONS
Election Date
UDEL November 2021
Statewide Gubernatorial Primary June 2022
Statewide Gubernatorial General November 2022
UDEL November 2023
Statewide Presidential Primary March 2024
Statewide Presidential General November 2024
UDEL November 2025
In addition to these scheduled elections there could be additional Special Elections each year
that are not presently scheduled.
Exhibit A
Page 6 of 6
18. ADDITIONAL INFORMATION
The County is responsible for mailing all CVIG booklets. The CVIG booklet Vendor will not be
responsible for mailing CVIG booklets to the voters. The County uses a mailing service to mail
CVIG booklets to voters.
The County Clerk/Registrar of Voters shall be provided full access to all of the contracted
Vendor’s printing facilities.
Exhibit B
Page 1 of 5
Price List
Pricing for printing CVIG booklets will be as follows per 1,000 booklets (each part is a page,
front and back):
8 ½” x 11” 8 ½” x 11”
2 Part/4 page 152.75 31 Part/62 page $ N/A
3 Part/6 page $ N/A 32 Part/64 page 654.00
4 Part/8 page 152.75 33 Part/66 page $ N/A
5 Part/10 page $ N/A 34 Part/68 page 699.50
6 Part/12 page 188.00 35 Part/70 page $ N/A
7 Part/14 page $ N/A 36 Part/72 page 726.50
8 Part/16 page 226.00 37 Part/74 page $ N/A
9 Part/18 page $ N/A 38 Part/76 page 779.50
10 Part/20 page 271.75 39 Part/78 page $ N/A
11 Part/22 page $ N/A 40 Part/80 page 796.25
12 Part/24 page 289.25 41 Part/82 page $ N/A
13 Part/26 page $ N/A 42 Part/84 page 842.75
14 Part/28 page 331.25 43 Part/86 page $ N/A
15 Part/30 page $ N/A 44 Part/88 page 872.50
16 Part/32 page 336.75 45 Part/90 page $ N/A
17 Part/34 page $ N/A 46 Part/92 page 928.25
18 Part/36 page 388.75 47 Part/94 page $ N/A
19 Part/38 page $ N/A 48 Part/96 page 948.75
20 Part/40 page 415.00 49 Part/98 page $ N/A
21 Part/42 page $ N/A 50 Part/100 page 993.25
22 Part/44 page 461.50 51 Part/102 page $ N/A
23 Part/46 page $ N/A 52 Part/104 page 1,024.00
24 Part/48 page 483.75 53 Part/106 page $ N/A
25 Part/50 page $ N/A 54 Part/108 page 1,084.50
26 Part/52 page 524.75 55 Part/110 page $ N/A
27 Part/54 page $ N/A 56 Part/112 page 1,104.00
28 Part/56 page 561.00 57 Part/114 page $ N/A
29 Part/58 page $ N/A 58 Part/116 page 1,149.50
30 Part/60 page 631.50 59 Part/118 page $ N/A
60 Part/120 page 1,179.25
8 ½” x 11”
Exhibit B
Page 2 of 5
A. Composition
Cover page with color overlays:
English/page $47.00 per page
Spanish/page $47.00 per page
Cover page with black and white overlays:
English/page $42.00 per page
Spanish/page $42.00 per page
Filler Page:
English $33.00 per page
Spanish $33.00 per page
Official Ballot Page:
Fronts $42.00 per page
Backs $42.00 per page
Splits are included in official ballot page
pricing at no additional charge
Voter Pamphlet Page: $33.00 per page
Candidate Statements:
English/per 200 word statement (¼
page) $24.00 per statement
Spanish/per 200 word statement (¼
page) $24.00 per statement
Measures:
English/ per ½ page column $24.00 per column
Spanish/ per ½ page column $24.00 per column
Output Each Formatted Page:
English/page $3.25 per page
Spanish/page $3.25 per page
8 ½” x 11”
Additional Digital Work/Corrections:
Exhibit B
Page 3 of 5
Price per hour $125.00 per hour
Each Fully Assembled Inside Page
Sent Electronically to Printer:
English/page $2.10 per page
Spanish/page $2.10 per page
B. Sample Ballot Booklet Set-Up and
Printing:
Press Set-Up per ballot type $215.00 per ballot type
Proofs: No charge
C. Translation and Related Printing
Services:
Spanish Translation (per word) $.25 per word
Arabic Translation (per word) $.43 per word
Khmer Translation (per word) $.40 per word
Chinese Translation (per word) $.28 per word
Hmong Translation (per word) $.43 per word
Korean Translation (per word) $.30 per word
Lao Translation (per word) $.43 per word
Punjabi Translation (per word) $.30 per word
Tagalog Translation (per word) $.30 per word
Vietnamese Translation (per word) $.30 per word
Set-Up, per unit $215.00 per ballot type
Print/Bind $1,125.00 per minimum
Translation & Formatting of Ballot
Facsimiles (Chinese, Hindi, Japanese,
and Khmer), price per unit $235.00 per page
Central Committee Insert Service:
Per supplied envelope or letter $.012 each
Exhibit B
Page 4 of 5
Per printed letter $.012 each
Minimum insert service charge: $1,125.00
per version
D. Internet Pages:
Price per internet page-English $1.25 per page
Price per internet page-Spanish $1.25 per page
Programming Charges:
Price per hour $125.00 per page
Other Costs: 8 ½” x 11”
E. Digital pricing Listed on page 5 of 6
F. Additional colors on cover $2.80 per M (1000 units)
G. Minimum print charge per
language
$1,125 each
H. Minimum charge per language $350.00
Minimum order per style: 30
Minimum number of pages/parts: 4 pages
Early Payment Discount: 1% if payment is made within
10 business days of the date
on the invoice (Net 10).
There will be no price increases during the period of July 1, 2021 through June 30, 2025
Exhibit B
Page 5 of 5
Digital Pricing
Page Count
C = Cover Minimum run of 100 Minimum run of 30
8 + C 40.75 15.00
12 + C 53.25 19.75
16 + C 56.75 20.50
20 + C 63.75 23.25
24 + C 73.25 26.25
28 + C 82.00 30.00
32 + C 98.75 35.50
36 + C 103.00 37.25
40 + C 110.75 40.00
44 + C 116.25 42.00
48 + C 129.50 46.50
52 + C 136.75 49.50
56 + C 142.50 51.25
60 + C 150.75 54.00
64 + C 164.25 59.75
68 + C 168.50 60.50
72 + C 178.75 64.25
76 + C 186.00 67.00
80 + C 199.25 71.75
84 + C 205.25 74.50
88 + C 212.25 76.50
92 + C 222.00 80.00
96 + C 230.25 83.00
Exhibit C
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as
“County”), members of a contractor’s board of directors (hereinafter referred to as “County
Contractor”), must disclose any self-dealing transactions that they are a party to while providing
goods, performing services, or both for the County. A self-dealing transaction is defined below:
“A self-dealing transaction means a transaction to which the corporation is a party and in which one or
more of its directors has a material financial interest”
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1)Enter board member’s name, job title (if applicable), and date this disclosure is being made.
(2)Enter the board member’s company/agency name and address.
(3)Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a.The name of the agency/company with which the corporation has the transaction; and
b.The nature of the material financial interest in the Corporation’s transaction that the
board member has.
(4)Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5)Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).
Exhibit C
(1)Company Board Member Information:
Name: Date:
Job Title:
(2)Company/Agency Name and Address:
(3)Disclosure (Please describe the nature of the self-dealing transaction you are a party to):
(4)Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233 (a):
(5)Authorized Signature
Signature: Date: