HomeMy WebLinkAboutAgreement A-15-369 with Merrill Communications LLC.pdf Agreement No. 15-369
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1 SAMPLE BALLOT PRINTING AGREEMENT '
2 THIS AGREEMENT is made and entered into this 11 th day of August,2015,by and between the
3 COUNTY OF FRESNO,a Political Subdivision of the State of California,hereinafter referred to as
4 "COUNTY",and Merrill Communications,LLC whose address is 16200 Trojan Way,La Mirada,CA
5 90638,hereinafter referred to as "CONTRACTOR". I
6 WITNESSETH:
7 WHEREAS,the County Clerk/Elections Department desires to engage the CONTRACTOR for i
8 the purpose of providing Sample Ballot Booklets for the County of Fresno; and
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9 WHEREAS Sample Ballot Booklets are required to be mailed to each registered voter per
10 California Elections Code; and I
11 WHEREAS CONTRACTOR has the qualified personnel, facilities and resources to provide
12 Sample Ballot Booklets to the County of Fresno in a timely manner; and
13 NOW THEREFORE, in consideration of their mutual covenants and conditions,the parties
14 hereto agree as follows:
15 1. SERVICES
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16 A. CONTRACTOR shall perform all services and fulfill all responsibilities as set
17 forth in its Summary of Services, attached hereto as Exhibit A, incorporated herein by reference and
18 made part of this Agreement.
19 B. CONTRACTOR shall perform all services and fulfill all responsibilities as
20 identified in COUNTY's Request for Proposal(RFP)No.700-5340 dated April 2,2015 and
21 Addendum No. One(1) dated April 22,2015,hereinafter collectively referred to as COUNTY's
22 Revised RFP and CONTRACTOR's response to said Revised RFP, dated May 7,2015,all
23 incorporated herein by reference and made part of this Agreement. in the event of any inconsistency
24 among these documents, the inconsistency shall be resolved by giving precedence in the following
25 order of priority: 1)to this Agreement,including all Exhibits,2) to COUNTY's Revised RFP,3) to
26 the CONTRACTOR'S Response to the Revised RFP. A copy of COUNTY's Revised RFP No.700-
27 5340, and CONTRACTOR's response, shall be retained and made available during the term of this
28 Agreement by COUNTY.
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_t_ COUNTY OF FRMSNO
Fresno,CA
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1 C. CONTRACTOR shall maintain California Secretary of State certification and
2 licensing requirements to print sample ballot booklets in California.
3 D. CONTRACTOR will adhere to the Fresno County Clerk's plan to lay out and
4 develop sample ballot booklets for registered voters in Fresno County, as described more specifically in
5 Exhibit A. i
6 E. COUNTY will provide CONTRACTOR with all information necessary to
7 produce the sample ballot booklets.
8 2. TERM
9 This Agreement shall become effective August 12, 2015 and shall terminate on the 30`h
10 day of June, 2018, and shall automatically renew for two, one (1) year renewal periods, except when
11 written notice is delivered by either party to the other expressing intent not to renew. Such notice must
12 be delivered a minimum of thirty (30) days prior to the next expiration date of this Agreement.
13 3. TERNUNATION
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14 A. Non-Allocation of Funds-The terms of this Agreement,and the services to be
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15 provided thereunder, are contingent on the approval of funds by the appropriating government agency. I
16 Should sufficient funds not be allocated,the services provided may be modified, or this Agreement
17 terminated, at any time by giving the CONTRACTOR thirty(30)days advance written notice.
18 B. Breach of Contract-The COUNTY may immediately suspend or terminate this
19 Agreement in whole or in part,where in the determination of the COUNTY there is:
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20 1) An illegal or improper use of funds;
21 2) A failure to comply with any term of this Agreement;
22 3) A substantially incorrect or incomplete report submitted to the COUNTY;
23 4) Improperly performed service.
24 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach of this
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25 Agreement or any default which may then exist on the part of the CONTRACTOR.Neither shall such
26 payment impair or prejudice any remedy available to the COUNTY with respect to the breach or default.
27 The COUNTY shall have the right to demand of the CONTRACTOR the repayment to the COUNTY of
28 any funds disbursed to the CONTRACTOR under this Agreement,which in the judgment of the
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-2- COUNTY OF FRESNO
Fresno,CA
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1 COUNTY were not expended in accordance with the terms of this Agreement. The CONTRACTOR shall
2 promptly refund any such funds upon demand.
3 C. Without Cause -Under circumstances other than those set forth above,this
4 Agreement may be terminated by COUNTY or County Clerk-Registrar of Voters upon the giving of thirty
5 (30)days advance written notice of an intention to terminate to CONTRACTOR.
6 4. COMPENSATION/INVOICING:
7 COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive
8 compensation as outlined in the Budget and Price List, attached hereto as Exhibit B, incorporated herein by
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9 reference and made part of this Agreement. CONTRACTOR shall submit invoices upon completion of
10 services, in triplicate,to: County of Fresno,Department of County Clerk/Elections, 2221 Kern Street,
11 Fresno, CA 93721.
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12 In no event shall services performed under this Agreement be in excess of Two Million
13 No/100 Dollars($2,000,000.00)for the period of August 12, 2015 through June 30,2018. In no event
14 shall services performed under this Agreement be in excess of Six Hundred Thousand and No/100 Dollars
15 ($600,000.00)during the period of July 1, 2018 through June 30, 2019. In no event shall services
16 performed under this Agreement be in excess of Seven Hundred Thousand and No/100 Dollars
17 ($700,000.00)during the period of July 1, 2019 through June 30,2020. The maximum total compensation
18 for services included in this Agreement from the date the Agreement is executed through June 30,
19 2020, will be Three Million Three Hundred Thousand and No/100 Dollars ($3,300,000.00). It is
20 understood that all expenses incidental to CONTRACTOR'S performance of services under this
21 Agreement shall be borne by CONTRACTOR.
22 Payments shall be made by COUNTY to CONTRACTOR in arrears, for services
23 provided during the preceding months , within forty-five 45 da s after the date of receipt b County
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24 of an invoice. The County of Fresno will be provided with a 1% early payment discount if payment is
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25 made to CONTRACTOR within 10 business days of the date on the invoice (Net 10). CONTRACTOR
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26 will not charge the COUNTY for any sample ballot booklet expenditure not included in
27 CONTRACTOR'S response to Sample Ballot Printing RFP No. 700-5340. All costs identified in
28 Exhibit B and CONTRACTOR'S response to Sample Ballot Printing RFP No. 700-5340 will be
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-3- COUNTY OF FRESNO
Fresno,CA
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2 5. INDEPENDENT CONTRACTOR:
3 In performance of the work, duties and obligations assumed by CONTRACTOR under this
4 Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of the
5 CONTRACTOR'S officers, agents, and employees will at all times be acting and performing as an
6 independent contractor, and shall act in an independent capacity and not as an officer,agent, servant,
7 employee,joint venturer,partner, or associate of the COUNTY. Furthermore, COUNTY shall have no
8 right to control or supervise or direct the manner or method by which CONTRACTOR shall perform its
9 work and function. However, COUNTY shall retain the right to administer this Agreement so as to verify
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10 that CONTRACTOR is performing its obligations in accordance with the terms and conditions thereof.
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11 CONTRACTOR and COUNTY shall comply with all applicable provisions of law and I
12 the rules and regulations, if any, of governmental authorities having jurisdiction over matters the
13 subject thereof.
14 Because of its status as an independent contractor, CONTRACTOR shall have
15 absolutely no right to employment rights and benefits available to COUNTY employees.
16 CONTRACTOR shall be solely liable and responsible for providing to, or on behalf of, its employees
17 all legally-required employee benefits. In addition, CONTRACTOR shall be solely responsible and
18 save COUNTY harmless from all matters relating to payment of CONTRACTOR'S employees,
19 including compliance with Social Security withholding and all other regulations governing such
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20 matters. It is acknowledged that during the term of this Agreement, CONTRACTOR may be providing
21 services to others unrelated to the COUNTY or to this Agreement.
22 6. MODIFICATION:
23 Any matters of this Agreement may be modified from time to time by the written consent
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24 of all the parties without,in any way, affecting the remainder.
25 7. NON-ASSIGNMENT:
26 Neither party shall assign,transfer or sub-contract this Agreement nor their rights or duties
27 under this Agreement without the prior written consent of the other party.
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-4- COUNTY OF FRESNO
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Fresno,CA
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1 8. HOLD HARMLESS:
2 CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY'S request,
3 defend the COUNTY, its officers, agents, and employees from any and all costs and expenses,damages,
4 liabilities, claims, and losses occurring or resulting to COUNTY in connection with the performance, or
5 failure to perform, by CONTRACTOR, its officers, agents, or employees under this Agreement, and from
6 any and all costs and expenses, damages, liabilities,claims,and losses occurring or resulting to any person,
7 firm, or corporation who may be injured or damaged by the performance, or failure to perform, of
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8 CONTRACTOR,its officers, agents, or employees under this Agreement.
9 9. INSURANCE
10 Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR
11 or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect the
12 following insurance policies throughout the term of this Agreement:
13 A. Commercial General Liability
14 Commercial General Liability Insurance with limits of not less than One Million
15 Dollars ($1,000,000) per occurrence and an annual aggregate of Two Million Dollars ($2,000,000). This
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16 policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including
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17 completed operations,products liability,contractual liability,Explosion-Collapse-Underground, fire legal i
18 liability or any other liability insurance deemed necessary because of the nature of this contract.
19 B. Automobile Liabili
20 Comprehensive Automobile Liability Insurance with limits for bodily injury of not
21 less than Two Hundred Fifty Thousand Dollars ($250,000.00)per person,Five Hundred Thousand Dollars
22 ($500,000.00)per accident and for property damages of not less than Fifty Thousand Dollars ($50,000.00),
23 or such coverage with a combined single limit of Five Hundred Thousand Dollars ($500,000.00). ,
24 Coverage should include owned and non-owned vehicles used in connection with this Agreement.
25 C. Professional Liabili
26 If CONTRACTOR employs licensed professional staff, (e.g., Ph.D.,R.N.,L.C.S.W.,
27 M.F.C.C.) in providing services,Professional Liability Insurance with limits of not less than One Million
28 Dollars($1,000,000.00)per occurrence,Three Million Dollars ($3,000,000.00) annual aggregate.
-5- COUNTY OF=SNO
Fresno,CA
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1 D. Worker's Compensation
2 A policy of Worker's Compensation insurance as may be required by the
3 California Labor Code.
4 CONTRACTOR shall obtain endorsements to the Commercial General Liability
5 insurance naming the County of Fresno, its officers, agents, and employees, individually and
6 collectively, as additional insured, but only insofar as the operations under this Agreement are
7 concerned. Such coverage for additional insured shall apply as primary insurance and any other
8 insurance, or self-insurance,maintained by COUNTY, its officers, agents and employees shall be
9 excess only and not contributing with insurance provided under CONTRACTOR's policies herein.
10 This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance
11 written notice given to COUNTY.
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12 Within Thirty (30) days from the date CONTRACTOR executes this Agreement,
13 CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the
14 foregoing policies, as required herein, to the County of Fresno, County Clerk/Elections Department,
15 2221 Kern Street, Fresno, CA 93 72 1, stating that such insurance coverage has been obtained and are in
16 full force; that the County of Fresno, its officers, agents and employees will not be responsible for any
17 premiums on the policies; that such Commercial General Liability insurance names the County of
18 Fresno, its officers, agents and employees, individually and collectively, as additional insured,-but only
19 insofar as the operations under this Agreement are concerned; that such coverage for additional insured
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20 shall apply as primary insurance and any other insurance, or self-insurance, maintained by COUNTY,
21 its officers, agents and employees, shall be excess only and not contributing with insurance provided
22 under CONTRACTOR's policies herein; and that this insurance shall not be cancelled or changed
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23 without a minimum of thirty (30) days advance, written notice given to COUNTY.
24 In the event CONTRACTOR fails to keep in effect at all times insurance coverage
25 as herein provided,the COUNTY may, in addition to other remedies it may have, suspend or terminate
26 this Agreement upon the occurrence of such event.
27 All policies shall be with admitted insurers licensed to do business in the State of
28 California. Insurance purchased shall be purchased from companies possessing a current A.M. Best,
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-G- COUNTY OF FRESNO
Fresno,CA 1
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1 Inc. rating of A FSC VII or better.
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2 10. AUDITS AND INSPECTIONS:
3 The CONTRACTOR shall at any time during business hours, and as often as the
4 COUNTY may deem necessary,make available to the COUNTY for examination all of its records and
5 data with respect to the matters covered by this Agreement. The CONTRACTOR shall,upon request by
6 the COUNTY,permit the COUNTY to audit and inspect all of such records and data necessary to ensure
7 CONTRACTOR'S compliance with the terms of this Agreement. '
8 If this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR shall be
9 subject to the examination and audit of the Auditor General for a period of three (3) years after final
10 payment under contract (Government Code Section 8546.7).
11 11. ' NOTICES:
12 The persons and their addresses having authority to give and receive notices under this
13 Agreement include the following: j
14 COUNTY CONTRACTOR
Brandi L. Orth, County Clerk Leslie Harwood,Election Sales Manager
15 County Clerk/Elections Department Merrill Communications,LLC
16 2221 Kern Street 16200 Trojan Way !
Fresno, CA 93721 La Mirada, CA 90638 j
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18 Any and all notices between the COUNTY and the CONTRACTOR provided for or
19 permitted under this Agreement or by law shall be in writing and shall be deemed duly served when
20 personally delivered to one of the parties, or in lieu of such personal services,when deposited in the
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21 United States Mail,postage prepaid, addressed to such party. 1
22 12. LIQUIDATED DAMAGES:
23 The Parties acknowledge and agree that if CONTRACTOR fails to timely deliver
24 ballot materials as required by this Agreement, COUNTY will incur substantial damages. The
25 Parties further acknowledge and agree that such damages would be difficult to estimate on the date of
26 this Agreement. The Parties agree that the Liquidated Damages Amount, hereinafter defined,
27 represents a reasonable estimate of what the COUNTY's damages would be in the event of a breach
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28 by CONTRACTOR.
_7_ COUNTY OF FRESNO I
Fresno,CA
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1 For each calendar day after the delivery deadline of forty four (44) days before an
2 election as set forth in"Time Frames/Dates for Delivery" in Exhibit A, CONTRACTOR shall pay
3 COUNTY the sum of$10,000 per day as fixed and agreed liquidated damages (the "Liquidated
4 Damages Amount"), but not as a penalty. Liquidated damages shall under no circumstances exceed
5 $100,000.
6 CONTRACTOR does hereby authorize COUNTY to deduct such Liquidated Damages
7 Amount from any amount owing to CONTRACTOR. CONTRACTOR further agrees that any such
8 deduction shall not in any degree release it from further obligation and liabilities in regard to the
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9 fulfillment of the entire contract.
10 It is further agreed that time is of the essence in completing each portion of the
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I contract. CONTRACTOR shall not be charged the Liquidated Damages Amount or any excess costs
12 when the delay in completion is due to any of the following: 1
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13 a. Any preference, priority of allocation duly issued by the COUNTY 1
14 b. Any unforeseen causes beyond the control and without the fault of
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15 CONTRACTOR, including but not limited to, acts of God or of the public enemy I
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16 Provided, further, that CONTRACTOR shall, within one day of such delay, notify the County Clerk.
17 COUNTY will grant no delays and extensions of time on account of work performed in a grossly
18 negligent manner.
19 13. GOVERNING LAW
20 The parties agree that for the purposes of venue,performance under this Agreement is to be
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21 in Fresno County, California. The rights and obligations of the parties and all interpretation and
22 performance of this Agreement shall be governed in all respects by the laws of the State of California.
23 14. DISCLOSURE OF SELF DEALING TRANSACTIONS
24 This provision is only applicable if the CONTRACTOR is operating as a corporation(a
25 for-profit or non-profit corporation) or if during the term of the agreement,the CONTRACTOR changes
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26 its status to operate as a corporation.
27 Members of the CONTRACTOR's Board of Directors shall disclose any self-dealing
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28 transactions that they are a party to while CONTRACTOR is providing goods or performing services
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_g_ COUNTY OF FRESNO
Fresno,CA
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1 under this agreement. A self-dealing transaction shall mean a transaction to which the CONTRACTOR is
2 a party and in which one or more of its directors has a material financial interest. Members of the Board of
3 Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a
4 Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit C, and incorporated herein by i
5 reference, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or
6 immediately thereafter.
7 15. ENTIRE AGREEMENT '
8 This Agreement including all exhibits, COUNTY's Revised RFF No. 700-5340, and
9 CONTRACTOR's response thereto, constitutes the entire agreement between CONTRACTOR and
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10 COUNTY with respect to the subject matter hereof and supersedes all previous agreement negotiations, i
11 proposals, commitments, writings, advertisements, publications and understandings of any nature
12 whatsoever unless expressly included in this Agreement.
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_9_ COUNTY OF FRESNO
Fresno,CA
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1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day d first
� Y an year i
2 hereinabove written.
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4 ATTEST:
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5 CONTRACTOR: COUNTY OF FRESNO
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MERRILL COMMUNICATIONS, LLC
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By By
9 Chairman, Board of Sup erv' ors
Print Na Ss
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Title: _ �y M6 I
11 Chairman of the Board, or
12 President, or any Vice President
BERNICE E. SEIDEL, Clerk
13 Date: � lj� Board ol'Supervisors
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By Sso �caa -
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By `
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17 Print Name: (ZorwvL7
18 Title: C)(tC. \Ile, C .'y-=. b , tvwcwcrz, `
19 Secretary (of Corporation), or
any Assistant Secretary, or
20 Chiei'Financial Officer, or
a y Assistant Treasurer
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22 Date:
23 PLEASE SEE ADDITIONAL
SIGNATURE PAGE ATTACHED
24
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25 Mailing Address:
26 16200"Trojan Way
27 La Mirada, CA 90638
Phone No.: (714) 690-2294
28 Contact: Leslie Harwood, Election Sales Manager
- 10- COUNTY OF FRE5NO
Fresno,CA
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1 APPROVED AS TO LEGAL FORM:
2 DANIEL C. CEDERBORG, COUNTY COUNSEL
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4 By
5 APPROVED AS TO ACCOUNTING FORM:
6 VICKI CROW, C.P.A.,AUDITOR-CONTROLLER/
TREASURER-TAX COLLECTOR
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9 By
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11 COUNTY CLERK/ELECTIONS DEPARTMENT
REVIEWED AND RECOMMENDED FOR APPROVAL:
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14 By
Brandi L. Orth, County Clerk/Registrar I
15 of Voters
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17 FOR ACCOUNTING USE ONLY:
18 Org No.: 28500100
Account No.: 7400
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COUNTY OF FRESNO
Fresno,CA ,
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Exhibit A
Page 1 of 7
SUMMARY OF SERVICES
ORGANIZATION: Merrill Communications, LLC
ADDRESS: 16200 Trojan Way, La Mirada, CA 90638
MANAGER: Leslie Harwood, EIection Sales Manager
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CONTACT: Phone: (714) 690-2294
Cell: (818) 384-4659
Fax: (714) 690-2217
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SERVICES: Sample Ballot Printing
INITIAL CONTRACT August 12, 2015 —June 30, 2018 '
PERIOD:
CONTRACT RENEWAL July 1, 2018 —June 30, 2019 (12 Months) i
PERIODS: July 1, 2019—June 30, 2020 (12 Months)
CONTRACT AMOUNTS: $2,000,000 for the period of August 12, 2015 —June 30, 2018
$600,000 for the period of July 1, 2018—June 30, 2019
$700,000 for the period of July 1, 2019—June 30, 2020
TOTAL CONTRACT
AMOUNT: $3,300,000 (August 12, 2015 —June 30, 2020
SAMPLE BALLOT PRINTING SERVICES
I. Summary of Services
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Merrill Communications, LLC ("Merrill") will provide sample ballot booklets to the County of
Fresno ("County"). Sample ballot booklets are required to be provided to registered voters per
California Elections Code. Sample ballot booklets include a facsimile of the official ballot and a €
voter pamphlet section. The sample ballot included in the booklet shall be identical to the
official ballot. Sample ballot booklets will be printed on paper of a different texture from the
paper to be used for the official ballot. Sample ballot booklets will be mailed to each registered
voter for each election and can be mailed starting E-40 to E-15. E
Merrill will provide sample ballot booklets for upcoming regularly scheduled elections, which
include the following: 1) November 3, 2015 Uniform District Election Law (UDEL), 2) June 7,
2016 Statewide Presidential Primary, 3) November 8, 2016 Statewide Presidential General, 4)
March 2017 City of Clovis 5) November 7, 2017 UDEL, 6) June 5, 2018 Statewide
Gubernatorial Primary, 7) November 6, 2018 Statewide Gubernatorial General, 8) March 2019
City of Clovis, 9) November 5, 2019 UDEL, and 10) June 2, 2020 Statewide Presidential
Primary. This Agreement will also include any unscheduled elections during the contract period. 'I
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Merrill Communications, LLC Agreement: Sample Ballot Printing Exhibit A
Page 2 of 7
Merrill will provide services for all elections called between August 2015 and June 2020.
Merrill will provide a full scope of services identified herein. I
II. Scope of Work
The County currently utilizes the Premier AccuVote ES-2000 Optical Scan Voting System. This
system requires the use of a paper ballot available in three sizes: 8 ''/z" x 11", 8 %" x 14" and 8
%2" x 18". Merrill will produce a sample ballot booklet that will allow for the largest ballot, with
a slight reduction,to be laid out in a landscape format covering multiple pages. Merrill will meet
United States Post Office (USPS) requirements for maximum mailing discounts.
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Sample ballot booklets will include, but are not limited to the following:
• Covers—Front and Back
• Vote by Mail Instructions
• Official Ballot Pages
• Voter Pamphlet Pages
• Candidate Statement Pages
• Measures—Full Text
• Analyses
• Maps
• Legal Descriptions
• Arguments
• Rebuttal Arguments
• Financial Impact Statements
• Tax Rate Statements
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• Filler Pages
Merrill will meet all of the requirements and specifications outlined below.
1. Lau
Merrill will lay out sample ballot booklet in accordance with Elections Code Sections 13000-
13317. All rough layouts will be provided to the County for review in a timely manner. The
County must approve any items created that are not covered in the above sections. Sample
ballot booklet parts include: Front and back cover, a letter from the County Clerk, filler pages,
a facsimile of the official ballot, statements about the propositions/measures and rebuttals, and
candidate statements.
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Merrill Communications, LLC Agreement: Sample Ballot Printing Exhibit A
Page 3 of 7
2. Size
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The overall size of the booklet is 8 ''/z"x 11". Pages will be laid out in landscape orientation.
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Inside pages of the sample ballot booklet are to be 20 pound recycled paper and/or standard
newsprint 45/48.8GSM with black ink only.
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3. Stock I
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For maximum postal rate economy the cover should be a minimum of.009 mil (67# Bristal or
90# cover).
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4. Presswork
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Cover: two colors. Body: Black ink. Colors may be added as required to highlight certain
areas.
5. Artwork
County will provide an actual image of the camera-ready official ballot in a pdf postscript file
in English and Spanish. County will forward the voter pamphlet artwork electronically in a
Word file to Merrill for layout. This material will not be camera ready.
County will begin to forward the voter pamphlet artwork electronically in a Word file to
Merrill for layout approximately 88 days before an election.
County will provide candidate statements, measure text, and filler pages to Merrill in a Word
document. Merrill will prepare all camera-ready pages and the artwork. Merrill will copy
filler pages provided by County and recreate those pages. County will provide a mock-up of i
the.covers as well as all necessary contest and ballot typing reports. I
6. Translations I
Merrill will provide Spanish translations for sample ballot booklets. The County will provide
the translation and artwork for the official Spanish ballots. All other translations required for
the sample ballot booklet will be completed by Merrill.
Other Language Ballot Facsimiles Only: Merrill will create, translate and typeset the official
English ballot into Chinese, Hindi, Japanese, and Khmer. Other languages may be added as
needed by County. '
All items in the sample ballot booklets require translation services, i.e. filler pages, letter from
County Clerk, candidate statements and measure text are required to be translated into Spanish. 1
The only items not needing a translation are when candidates or measures are in a district
where another county is the principal county and County will use the principal county's
translations in those cases.
Merrill will provide County with electronic files of all translated sample ballot booklets, with a
Merrill Communications, LLC Agreement: Sample Ballot Printing Exhibit A
Page 4 of 7
specific naming convention for posting on County website.
7. Runsheets
Merrill will create all necessary runsheets for the assembly of the sample ballot 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. j
8. Order
Sample ballot booklets will be printed by style/type. A style/type of sample ballot booklet is
determined per each election by the districts in which a voter resides and the districts that are
actually on the ballot for that particular election.
A hardcopy and electronic sample ballot booklet proof, including County's ballot card artwork
will be sent to the County Elections Department fifty-seven (57) days prior to the election (E-
57).
Perforations will be required on the back cover around the application for a vote by mail ballot. i
Binding: The total piece should not exceed 8 1/z" 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. There will be no more than one. (1) ballot style/type per carton.
a. The minimum order will not exceed 100 per style. I
b. Merrill will provide a minimum page count of four (4).
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9. Shipping
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All shipping will be FOB Fresno County. Sample ballot booklets will be shipped to the '
following locations:
a. County Clerk/Registrar of Voters
2221 Kern Street
Fresno, CA 93721
b. County Clerk Election Warehouse
4525 E Hamilton Ave
Fresno, CA 93702
c. Pre Sort Center
1931 "G" Street
Fresno, CA 93706
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Merrill Communications, LLC Agreement: Sample Ballot Printing Exhibit A
Page 5 of 7
Merrill will ship to any location designated by County. The County is to be notified by
telephone and e-mail the day that the sample ballot booklets are shipped. The name of the
shipping company, telephone number, address, and the exact delivery date of the shipment
should be included.
10. Pricin
Sample ballot booklet pricing is included in Exhibit B, attached hereto and by this reference {
incorporated herein. Merrill will provide County with a 1% discount if payment is made
within 10 business days of the date on the invoice (Net 10).
11. Delivery Period '
Finished sample ballot booklets are to be delivered to all designated locations no later than 44
days before the election (E-44).
12. Schedule of Upcoming Elections
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ELECTION DATE
UDEL 11/2015
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Statewide Presidential Primary 6/2016 I
Statewide Presidential General 11/2016
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City of Clovis 3/2017 I
UDEL 11/2017
Statewide Gubernatorial Primary 6/2018
Statewide Gubernatorial General 11/2018
City of Clovis 3/2019
UDEL 11/2019
Statewide Presidential Primary 6/2020
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In addition to these scheduled elections there could be additional Special Elections each year
that are not presently scheduled.
13. Time Frames/Dates for Delivery
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E-88 — County starts submitting Word documents of the sample ballot booklet's content to
Merrill
E-75 —Deadline for submission of sample ballot booklet order to Merrill
E-75 —Deadline for cover artwork to be finalized and given to Merrill
E-72 Deadline for County to send reports of races and styles to Merrill
E-71 —Deadline for all filler pages, Registrar of Voters letter and candidate statements to
be laid out, proofed and finalized by Merrill
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Merrill Communications, LLC Agreement: Sample Ballot Printing Exhibit A
Page 6 of 7
E-67 —Deadline for all measures to be laid out, proofed and finalized (text, impartial
analysis, tax rate statement, arguments, and rebuttals) by Merrill
E-57 — 1 st physical sample ballot booklet and electronic sample to be sent to County for
proofing and approval to print i
E-57 to E-49—Remainder of physical sample ballot booklets, per style, to be sent to '
County for proofing and approval to print
E-53 —Deadline for final official ballot card artwork to be sent to Merrill
E-45 —Deadline for Spanish sample ballot booklets to be sent to County for proofing and
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approval to print
E-44—Deadline for all English sample ballot booklets to be at mailing house for mailing
E-40—County to send precinct numbers of ballots required to be translated into other
languages (Chinese, Hindi, Japanese, and Khmer)
E-34—Mailing house to mail out sample ballot booklets
E-33 —Deadline to receive digital files from Merrill for County's website (.html with
special naming convention)
E-26—Deadline for translated language official ballots to be in County for proofing and
review
E-19—Deadline for County to give final approval on language official ballots
E-15 —Deadline for receipt of digital file from Merrill of language official ballots
E+7 —Deadline for billing allocation to be submitted to County
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14.Financial Stability/Financial Information
Merrill shall submit copies of the most recent years independently audited financial statements to
County on an annual basis. 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 Merrill, Merrill shall state the reason
and, instead, submit sufficient information. Merrill shall notify County as early as possible of
any financial issue that may impact the timely production and delivery of sample ballot booklets.
15. Emergency Contingences
Merrill will comply with the business continuity program submitted with their proposal and
address the following for County in the event of an emergency:
• Data backup and recovery
• All mission critical systems
• Financial and operational assessments
• Alternative communications with customers, employees, and regulators
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Merrill Communications, LLC Agreement: Sample Ballot Printing Exhibit A
Page 7 of 7
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• Alternate physical location of employees
• Critical supplier, contractor and regulatory reporting
Merrill will continue business, transfer operations to an alternate location if necessary, and notify i
County regarding how to contact them in case of an emergency.
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16. Management Plan
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. Merrill
will assign to County a dedicated project manager who serves as the day-to-day point of contact.
Merrill will provide numerous methods of communication with County including in-person
meetings, conference calls and electronic communications such as email and WebEx sessions. i
17. Merrill Election Website
County staff will be provided with Merrill Election Website access, training and support at no
additional cost to County. The Merrill Election Website will be available to County for all
elections covered within the contract period.
18. Additional Information
Merrill will maintain capacity to produce County sample ballot booklets on any of the three open
web Heidelberg/Harris presses currently located in La Mirada, California.
Merrill will coordinate small runs (under 1000) with local print partners with digital Docutech
capability. Merrill will work with the County to accommodate quantities needed for each ballot
type and produce any quantity below 30 pieces if necessary.
Merrill will provide composition work for the sample ballot booklets.
County Clerk/Registrar of Voters shall be provided full access to all of Merrill's printing
facilities.
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Merrill Communications, LLC Agreement: Sample Ballot Printing Exhibit B
Budget and Price List Page 1 of 6
Budget Summary
Contract: Merrill Communications, LLC
Service: Sample Ballot Printing
Year Scheduled Elections Estimate
1 August 12, 2015 - June 30, 2016
November 2015 Uniform District Election (UDEL) $25,000 j
June 2016 Statewide Presidential Primary $525,000
Unscheduled Elections $150,000
$700,000
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2 July 1, 2016 -June 30, 2017 j
November 2016 Statewide Presidential General $425,000
March 2017 City of Clovis $25,000
Unscheduled Elections $150,000
$600,000
3 July 1, 2017 - June 30, 2018
November 2017 UDEL $25,000
June 2018 Statewide Gubernatorial Primary $525,000 j
Unscheduled Elections $150,000
$700,000
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• Contract Max (August 12 2015 - June 30 2018 $2,000,000
4 July 1, 2018 - June 30, 2019
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November 2018 Statewide Gubernatorial General $425,000
March 2019 City of Clovis $25,000
Unscheduled Elections $150,000
$600,000 j
• Contract Max(July 1,2018 -June 30, 2019) $600,000
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5 July 1, 2019 - June 30, 2020
November 2019 UDEL $25,000
June 2020 Statewide Presidential Primary $525,000
Unscheduled Elections $150,000
$700,000
• Contract Max (July 1,2019 -June 30, 2020) $700,000
Total Contract Maximum (August 12,2015 - June 30, 2020) $3,300,000
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Merrill Communications, LLC Agreement: Sample Ballot Printing Exhibit B
Budget and Price List Page 2 of 6
Price List
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Pricing for printing sample ballot booklets will be as follows per 1000 booklets each part is a
page, front and back):
8 '/Z" x 11" 8 '/Z" x 11"
2 Part/4 page $164.00 31 Part/62 page $N/A
3 Part/6 page $ N/A 32 Part/64 page $703.00
4 Part/8 page $164.00 33 Part/66 page $ N/A
5 Part/10 page $ N/A 34 Part/68 page $752.00
6 Part/12 page $202.00 35 Part/70 page $ N/A
7 Part/14 page $N/A 36 Part/72 page $781.00
8 Part/16 page $243.00 37 Part/74 page $N/A
9 Part/18 page $N/A 38 Part/76 page $838.00
10 Part/20 page $292.00 39 Part/78 page $N/A
11 Part/22 page $N/A 40 Part/80 page $856.00
12 Part/24 page $311.00 41 Part/82 page $N/A
13 Part/26 page $N/A 42 Part/84 page $906.00
14 Part/28 page $356.00 43 Part/86 page $ N/A
15 Part/30 page $N/A 44 Part/88 page $938.00
16 Part/32 page $362.00 45 Part/90 page $N/A
17 Part/34 page $N/A 46 Part/92 page $998.00
18 Part/36 page $418.00 47 Part/94 page $N/A r
19 Part/38 page $N/A 48 Part/96 page $1,020.00
20 Part/40 page $446.00 49 Part/98 page $N/A
21 Part/42 page $N/A 50 Part/100 page $1,068.00
22 Part/44 page $496.00 51 Part/102 page $N/A
23 Part/46 page $N/A 52 Part/104 page $1,101.00
24 Part/48 page $520.00 53 Part/106 page $N/A
25 Part/50 page $N/A 54 Part/108 page $1,166.00
26 Part/52 page $564.00 55 Part/110 page $N/A
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27 Part/54 page $ N/A 56 Part/112 page $1,187.00 i
28 Part/56 page $603.00 57 Part/114 page $ N/A
29 Part/58 page $N/A 58 Part/116 page $1,236.00
30 Part/60 page $679.00 59 Part/118 page $N/A
60 Part/120 page $1,268.00
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Merrill Communications, LLC Agreement: Sample Ballot Printing Exhibit B
Budget and Price List Page 3 of 6
8 '/2" x11„
A. Composition
Cover page with color overlays:
English/page $50.00 per page
Spanish/page $50.00 per page
Cover page with black and white overlays:
English/page $45.00 per page
Spanish/page $45.00 per page
Filler Page:
English $35.00 per page
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Spanish $35.00 per page '
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Official Ballot Page:
Fronts $45.00 per page
Backs $45.00 per page
Splits are included in official ballot
page pricing at no additional charge
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Voter Pamphlet Page: $35.00 per page
Candidate Statements:
English/per 200 word statement j
(Y4 page) $25.00 per statement
Spanish/per 200 word statement
('/4 page) $25.00 per statement
Measures:
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English/ per Y2 page column $25.00 per column
Spanish/ per'/2 page column $25.00 per column
Output Each Formatted Page:
English/page $3.50 per page
Spanish/page $3.50 per page
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Merrill Communications,L,LC Agreement: Sample Ballot Printing Exhibit B
Budget and Price List Page 4 of 6
8 %" x11"
Additional Digital Work/Corrections:
Price per hour $125.00 per hour
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Each Fully Assembled Inside Page
Sent Electronically to Printer:
English/page $2.25 per page i
Spanish/page $2.25 per page
B. Sample Ballot Booklet Set-Up and
Printing:
Press Set-Up per ballot type $98.00 per ballot type
Proofs: No charge i
C. Translation and Related Printing
Services:
Spanish Translation (per word) $.25 per word
Set-Up, per unit $98.00 per ballot type I
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:
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Per supplied envelope or letter $.012 each
Per printed letter $.012 each
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Minimum insert service charge: I
$1,125.00 perversion
D. Internet Pages:
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Price per internet page-English $1.25 per page
Price per internet page-Spanish $1.25 per page
Programming Charges:
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Price per hour $125.00 per page
Merrill Communications, LLC Agreement: Sample Ballot Printing Exhibit B
Budget and Price List Page 5 of 6
Other Costs: 8 W, x 11"
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E. Digital pricing Listed on page 5 of 6
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F. Additional colors on cover $3.00 per M (1000 units)
G. Minimum print charge per
language $1,125 each
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H. Minimum charge per language $350.00
Minimum order per style: 30
Minimum number of pages/parts: 4 pages
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Early Payment Discount: 1% if payment is made within
10 business days of the date
on the invoice (Net 10).
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There will be no price increases during the period of August 12, 2015 through June 30, 2020.
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Merrill Communications, LLC Agreement: Sample Ballot Printing Exhibit B
Budget and Price List Page 6 of 6
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Digital Pricing
Page Count
C=Cover Minimum run of 100 Minimum run of 30
8+C $43.75 $16.00
12 +C $57.00 $21.00
16+ C $61.00 $22.00
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20+ C $68.50 $25.00 I
24+ C $78.75 $28.00
28+ C $88.00 $32.00
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32+ C $106.00 $38.00 i
36+C $110.50 $40.00
40+C $119.00 $43.00
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44+C $125.00 $45.00
48+C $139.00 $50.00
52+C $147.00 $53.00
56+C $153.00 $55.00
60+C $162.00 $58.00
64+C $176.50 $64.00 I
68+C $181.00 $65.00
72+ C $192.00 $69.00
76+ C $200.00 $72.00
80+C $214.00 $77.00
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84+C $220.50 $80.00 i
88+C $228.00 $82.00
92 +C $238.50 $86.00
96+C $247.50 $89.00
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Exhibit C
Page I of 2
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SELF-DEALING TRANSACTION DISCLOSURE FORM
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In order to conduct business with the County of Fresno (hereinafter referred to as "County"), 4
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
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or more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing this disclosure form.
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INSTRUCTIONS
(1) Enter board member's name,job title (if applicable), and date this disclosure is being made.
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(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
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board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable II
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).
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Exhibit C
Page 2 of 2
(1)Company Board Member Information: i
Name: Date:
Job Title:
(2)Company/Agency Name and Address:
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(3) Disclosure(Please describe the nature of the self-dealing transaction you are a party to):.
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(4)Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233(a):
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(5)Authorized Signature
Signature: Date:
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