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Home My WebLink AboutAgreement A-10-143-3 with Integrated Voting Solutions, Inc..pdfAgreement No. 10-143-3 AMENDMENT Ill TO AGREEMENT WITH INTEGRATED VOTING SOLUTIONS, INC. 2 THIS AMENDMENT Ill TO AGREEMENT (hereinafter "Amendment Ill") is made and 3 entered into this 16th day of June, 2015, by and between COUNTY OF FRESNO, a Political 4 Subdivision of the State of California, Fresno, California (hereinafter "COUNTY"), and 5 Integrated Voting Solutions, Inc., a Corporation, whose address is 1931 G Street, Fresno, CA 6 93706 (hereinafter "CONTRACTOR"). 7 WITNESSETH: 8 WHEREAS, COUNTY and CONTRACTOR entered into Agreement No. 10-143, dated 9 -the 23rd of March, 2010 (hereinafter "Agreement"), pursuant to which CONTRACTOR agreed 10 to provide ballot printing, vote by mail processing and vote by mail envelopes to COUNTY; 11 and 12 WHEREAS, COUNTY and CONTRACTOR entered into Amendment No. I, dated the 13 151h of March, 2011 in order to increase the maximum compensation of the Agreement, 14 including an amendment of Exhibit B; and 15 WHEREAS, COUNTY and CONTRACTOR entered into Amendment No. II, dated the 16 23rd of April, 2013 in order to extend the term and increase the maximum compensation of the 17 Agreement, including an amendment of Exhibit B; and 18 WHEREAS, the parties now desire to amend the Agreement, as amended, in order to 19 extend the term of the Agreement by six months through December 31, 2015, with no change 20 in maximum compensation for the entire Agreement; and 21 WHEREAS, all references hereafter to the Agreement, as amended, shall refer to the 22 Agreement, as amended by Amendment I, Amendment II, and Amendment Ill; and 23 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of 24 which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows: - I - That the following text in the Agreement,Page Two (2), beginning with Paragraph Four (4), Line Eleven (11)with the word "TERM",and ending on Page Two (2), Line Sixteen (16) with the word "Agreement"be deleted and the following inserted in its place: "4.TERM This Agreement shall become effective upon execution and shall terminate on the 31st day of December,2015." That the following text in the Agreement,Page Three (3),beginning with Paragraph Six (6), Line Fourteen (14) with the word "COMPENSATION/INVOICING"and ending on Page Four (4), Line Eight (8) with the word "section"be deleted and the following inserted in its place: "6.COMPENSATION/INVOICING: A.Compensation March 23,2010 to June 30,2011 For claims submitted for services rendered under this Agreement for the period March 23,2010 to June 30,2011,COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive payments for services and supplies in accordance with Exhibit B (Amendment I).The maximum compensation amount shall not exceed Five Hundred Twenty-Thousand and No/100 Dollars ($520,000.00). B.Compensation July 1,2011 to June 30,2012 For claims submitted for services rendered under this Agreement for the period July 1,2011 to June 30,2012,COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive payments for services and supplies in accordance with Exhibit B (Amendment I).The -2- maximum compensation amount shall not exceed Four Hundred Thirty -Two Thousand and No/100 Dollars ($432,000.00). C.Compensation July 1,2012 to June 30,2013 For claims submitted for services rendered under this Agreement for the period July 1,2012 to June 30,2013,COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive payments for services and supplies in accordance with Exhibit B (Amendment II). The maximum compensation amount shall not exceed Five Hundred Fifteen Thousand and No/100 Dollars ($515,000.00). D.Compensation July 1,2013 to December 31,2015 For claims submitted for services rendered under this Agreement for the period July 1,2013 to December 31,2015,COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive payments for services and supplies in accordance with Revised Exhibit B (Amendment III),attached hereto and by this reference incorporated herein.The maximum compensation amount for this period shall not exceed Eight Hundred Eighty Seven Thousand Five Hundred and No/100 Dollars ($887,500). E.Pricing a)Pricing for ballot printing services and supplies,ballot mail processing and envelopes from execution of this Agreement to June 30,2013 will be determined utilizing the pricing from Attachment 2,Cost Proposal Pricing Matrix. b)For the period of July 1,2013 to December 31,2015,pricing for -3- ballot printing services and supplies,ballot mail processing and envelopes will be determined utilizing the pricing from Attachment 2A,attached hereto and by this reference incorporated herein, c)CONTRACTOR will extend a one percent (1%)discount to the COUNTY for any payments made within ten (10)business days of invoice.CONTRACTOR will offer a two percent (2%)pre-payment discount in a letter to COUNTY prior to each major election.The discount will be in effect for prepayment of work based on the election estimate provided by COUNTY 90 days prior to the scheduled election. F.Maximum Compensation In no event shall services performed during the entire term of this Agreement exceed Two Million Three Hundred Fifty Four Thousand Five Hundred and No/100 Dollars ($2,354,500). G. It is understood that all expenses incidental to CONTRACTOR'S performance of services under this Agreement shall be borne by CONTRACTOR. H.CONTRACTOR shall submit invoices in triplicate to County Clerk - Elections Office,4525 E.Hamilton,Fresno,CA 93702.CONTRACTOR agrees that COUNTY shall make payment after a minimum of forty-five (45)days from date of receipt and verification of invoice by COUNTY." COUNTY and CONTRACTOR agree that this Amendment III is sufficient to amend the Agreement and,that upon execution of this Amendment III,the Agreement,Amendment I,Amendment II,and Amendment III together shall be -4- considered the Agreement. The Agreement,as hereby amended,is ratified and continued.All provisions,terms, covenants,conditions and promises contained in the Agreement and not amended herein shall remain in full force and effect.Amendment III shall become effective upon execution. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// -5- 1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment Ill to Agreement No. A- 2 1 0-143 as of the day and year first hereinabove written. 3 4 5 6 7 8 9 ATTEST: CONTRACTOR: INTEGRATED VOTING SOLUTIONS, INC. By~-., Print Name: /3V\ t:..-l<"t)ti~wst Title: ___:....p_v-:;_~_1 ~---:;......_ ____ _ Chairman of the Board, or President, or any Vice President Date: S~l;}..-J~ 10 ::~~ 13 14 15 16 17 18 19 20 21 22 23 24 Title: Sec, Secretary (of Corporation), or any Assistant Secretary, or Chief Financial Officer, or any Assistant Treasurer Mailing Address: Eric Kozlowski Integrated Voting Solutions, Inc. 1931 G Street Fresno, CA 93706 Ill Ill Ill Ill Ill Ill COUNTY OF FRESNO Date: BERNICE E. SEIDEL, Clerk Board of Supervisors By ~~ ~shG'(J ~ ~~ Date:~ \\..Q, 9.016 PLEASE SEE ADDITIONAL SIGNATURE PAGE ATTACHED -6- APPROVED AS TO LEGAL FORM: DANIEL C.CEDERBORG,COUNTY COUNSEL By "1~-.<H ^Date:^f^/u\s APPROVED AS TO ACCOUNTING FORM: VICKI CROW,C.P.A.,AUDITOR-CONTROLLER/ TREASURER-TAX COLLECTOR By (jg6f fC^Z<^U Date: REVIEWED AND RECOMMENDED FOR APPROVAL: By ^UX^d^a^WC Date:S~-^T)~/S BRANDI L. ORTH,COUNTY CLERK/ REGISTRAR OF VOTERS Fund/Subclass:0001/10000 Organization:28500100 Account/Program:7400/0 BLO:dr III III III III III III III III Revised Exhibit B (Amendment III) To County of Fresno Agreement Page 1 of 1 Contract:Integrated Voting Solutions,Inc. Contract Year 1 Initial Term Extension Period Scheduled Elections March 23,2010-June 30,2011 June 2010 Primary November 2010 General March 2011 City of Clovis (Cancelled) November 2010 Retirement Board May 2011 Deputy Sheriff Association June 2011 Sierra Kings Health Care District July 1,2011 -June 30.2012 November 2011 UDEL February 2012 Retirement Board Consolidated June 2012 State Primary July 1.2012-June 30.2013 November 2012 Presidential General November 2012 Retirement Board May 2013 Senate District 16 Special Primary Election June 2013 Municipal Special Election - City of Fresno Total Expended Total Contract Maximum July 1,2013 -December 31,2015 July 2013 Senate District 16 Special General Election November 2013 UDEL June 2014 Primary November 2014 General November 2014 Retirement Board March 2015 City of Clovis November 2015 UDEL Unscheduled Elections Total Extension Period Total Expended (Initial Term +Extension Period) TOTAL CONTRACT MAXIMUM Estimate Actual Contract Max $209,755 $218,600 $240,652 $278,141 $25,000 $- $-$14,444 $8,815 $6,000 $6,890 $490,222 $518,074 $520,00( $7,269 $7,215 $-$- $419,510 $354,179 426,779 $361,394 $ $ $ $ $ 240,652 85,000 145,000 $ $ $ $ 271,536 8,280 80,627 132,590 $470,652 $ $ 493,033 1,372,501 432,000 515,000 $1,467,000 $85,000 $72,851 $7,500 $9,827 $340,000 $199,670 $280,000 $225,243 $-$15,466 $25,000 $- $10,000 $- $140,000 $- $887,500 $523,057 $887,500 $1,895,558 $2,354,500 Integrated Voting Solutions'Pricing Matrix Ballot Printing ATTACHMENT 2A Page 1 of 2 Quantity Range Accu-vote 11" Accu-vote 14" Accu-vote 18" Accu-vote Test Decks Custom Boxes 100,000+Ballots $0,025 $0,026 $0,027 $0,027 $1.67 Integrated Voting Solutions'Pricing Matrix Absentee Process -IntegraVote Quantity Range Full Service IntegraVote Only Envelopes 100,000+voters $0,260 $0,140 $0,056 Additional Pricing Database setup Ballots Database setup Mailballot file Supplemental order setup Minimum order charge Shipping (Does not include overnight delivery) Top 1 inch or 2 inch Stub (2 inch only avalible on 11 and 14 inch ballots) Scoring Folding allVariable Data including Ballotand Inkjet set up Split order for deliveries $325,50 $697.50 $139.50 $930.00 N/C N/C N/C N/C Optional Additional Services Envelopes includinq USPS approval under 100,000 $0,084 Envelopes set up including USPS approval $116.25 Party Ballots (More than two)$0,014 Four color printing $0,028 Split stubs $0,014 Ballot order received after E-56 $0,014 Database for Mail ballot packets received after E-56 $0,019 Ballot order under 100,000 $0,014 Mail ballot packets under 100,000 per election $0,047 Sample Ballotinserting into Mailballot packets for postage savings $0,065 USPS Mail Ballot Voter Tracking Set Up $186.00 USPS Mail Ballot Voter Tracking $0,019 Supplemental order or add on order per style charge $2,790 90 day Pre-payment Discount 2.00% Integrated Voting Solutions'Pricing Matrix Absentee Process -IntegraVote Data change fields Quantity Range Full Service IntegraVote Only Envelopes Level 1 (15000 to 400000 abs voters)$0.25 $0.15 $0.06 ATTACHMENT 2A Page 2 of 2 Additional Pricing Database setup $350 Shipping Free database received after E-56 $0,020