HomeMy WebLinkAboutMINUTES - 06132006 - C.50/ I
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TO: 'BOARD OF SUPERVISORS
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FROM: STEVE WEIR, County Clerk-Recorder `h COSta,q
DATE: May 25, 2006 -.cou `� ,40
�..�ti County
SUBJECT: APPROVE and AUTHORIZE the Clerk-Recorder or designee to execute a contract
with Independent Printing Company for printing and related services
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SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE AND AUTHORIZE the Clerk-Recorder or designee to execute a contract with
Independent Printing Company (IPCO),1 in an amount not to exceed $5,000,000, to provide
printed elections materials, election materials collation, inserting and mailing services from June
1, 2006 through December 31, 2009.
FINANCIAL IMPACT:
The total contract is for $5,000,000. Tt is amount is funded within the Elections Division's
budget over the next three years (06-07, 07-08, 08-09).
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REASONS FOR RECOMMENDATION/BACKGROUND:
California Administrative Code, Title 2,1 Division 7, Section 20220 provides that printers must be
certified by the Secretary of State's Office in order to print official ballots for a particular voting
system. Independent Printing Company (IPCO) is headquartered in Martinez and is certified to
print official ballots for our election ballot counting system.
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CONSEQUENCES OF NEGATIVE ACTION:
Accurate printing of election ballots and related materials and timely production and mailing of
ballots and election materials are critical components of conducting successful elections. Failure
to accurately print or distribute our election materials could jeopardize our mandated function to
conduct elections in a fair and accurate manner. Due to a potential error or omission, the
department could be forced to conduct an election again at a substantial cost to the County.
SLW:ceb
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CONTINUED ON ATTACHMENT: YES SIGNATURE:
✓ RECOMMENDATION OF COUNTY ADMINISTRATOR REC M NDATION OF BOARD COMMITTEE
APPROVE OTHER
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SIGNATURE(S): w
ACTION OF BOAN ✓7 �D
APPROVED AS E OMMENDED , OTHER
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VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
✓< UNANIMOUS(ABSENT ENTERED ON MINUTES OF THE BOARD OF
AYES: NOES: c SUPERVISORS ON THE DATE SHOWN.
ABSENT: ABSTAIN:
Contact: Candy Lopez, ATTESTED:(DATE) I/ 13
6-4173
JOHN CULLEN,CLERK OF THE BOARD OF SUPERVISORS
cc: R. Seithel AND COUNTY ADMINISTRATOR
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BY: 4e4l , p Deputy
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Contra Costa County
STANDARD CONTRACT _ __._-- _ Number .....--
--- -- - --
- — Standard-Form.L=1 - - - -- -- (Purchase of Services—Long Form) Fund/Org # 2473
Revised 2006 Account # 2353
Other#-
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-]. Contract Identification.
Department: Clerk-Recorder
Subject: Printing, Inserting & Mailing Election Materials
2. Parties. The County of Contra Costa, California (County), for its Department named above, and the
following named Contractor mutually agree and promise as follows:
Contractor: Independent Printing Company (IPCO Printing)
Capacity: Corporation
Address: 3930 Pacheco Blvd., Martinez, CA 94553
3. Term. The effective date of this Contract is June 1, 2006 . It terminates on December 31, 2009 unless
sooner terminated as provided herein.
4. Pavment Limit. County's total payments to Contractor under this Contract shall not exceed
$ 5,000,000 .
5. County's Oblillations. County shall make to the Contractor those payments described in the Payment
Provisions attached hereto which are incorporated herein by reference, subject to all the terrns and
conditions contained or incorporated herein.
6. Contractor's Obligations. Contractor shall provide those services and carry out that work described in
the Service Plan attached hereto which lis incorporated herein by reference, subject to all the terms and
conditions contained or incorporated herein.
7. General and Special Conditions. This Contract is subject.to the General Conditions and Special
Conditions (if any) attached hereto, which are incorporated herein by reference.
8. Project. This Contract implements in whole or in part the following described Project, the application
and approval documents of which are incorporated herein by reference:
Not applicable .
L-1 (Page 1 of 2)
Contra Costa County.. STANDARD CONTRACT Number
Standard Form L-1 (Purchase of Services—Long Form)
- Revised_2.00.6_.._ ...-_..._...–. --- -- _.___. -- --- --- -- --- =– - —---- . .
9. Legal Authority. This Contract is entered into under and subject to the following legal authorities:
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Government Code 31000 .
10. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA
BOARD OF SUPERVISORS ATTEST: Clerk of the Board of Supervisors
By
By
:_ ff
Chairman/Designee Deputy
Date ( 3- 06 Date 1131),
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ICONTRACTOR
Name of business entity Name of business entity
BY Y B �� .
(Signature of individual oro i r) (Signature of individual or officer)
Print name and title A, if applicable) (Print name and title B if applicable)
Date �; ` G c Date V
Note to Contractor:For Corporations(profit or nonprofit),the contract must be signed by two officers. Signature A must be that of
the president or vice-president and Signature B must be that of the secretary or assistant secretary(Civil Code Section 1190 and
Corporations Code Section 313). All signatures must be acknowledged as set forth on form L-2.
L-1 (Page 2 of 2)
Contra Costa County APPROVALS/ACKNOWLEDGMENT Number
Standard Form L-? (Purchase of Services—Long Form)
Revised M06
APPROVALS
RECOMMENDED BY DEPARTMENT APPROVED: .COUNTY CO SEL
r
r ,
By: By:
Designee Deputy
Date: � — � — � � Date:
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APPROVED: COUNTY ADMINISTRATOR
By:
r
Designee
Date:
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ACKNOWLEDGMENT
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STATE OF CALIFORNIA )
ss.
COUNTY OF CONTRA COSTA )
On , before me, ,
Date Officer's Name Officer's Title .
personally appeared ,
personally known to me (or proved to me on the basis of satisfactory evidence) to.be the person(s) whose
names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same
iri his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS MY HAND AND OFFICIAL SEAL,
(Seal)
Signature
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L-2 ( Page 1 of 1)
Contra Costa County SERVICE PLAN OUTLINE . Number
Standard Form L-3 Purchase of Services-_Lon Form). - --
Revised 2006
This is the Service Plan for the contract between the County of Contra Costa, for its Clerk-Recorder Department.
(Elections Division), and the Contractor, IPCO Printing.
A. Inserting Machines
1. The County owns two Mailstar 500 inserting machines (serial nos. 50-7500777 [I.D. no. 51445A] & 44-
6943 [I.D. no. 6906S]), which are currently installed at the Contractor's facility at 640 Tolman Creek
Road, Ashland, Oregon, 97520 for use in performance of this contract,but remain the property of the
County and will be returned to.the County when the Contractor is so directed by the County.
2. During the term of this contract, the Contractor will keep the inserting machines-in proper working
order. The County will reimburse the Contractor for the costs of normal wear and tear maintenance,.
service, and repairs on the inserting machines. However, if damage to the inserting machines is caused
by the negligence or misconduct of the Contractor, the Contractor will pay the costs of repairs or
replacement.
3. At the written direction of the County, the Contractor will disassemble and package the inserting
machines in preparation for shipping, and ship them to a location designated by the County. The
Contractor will arrange for insurance coverage during such shipping covering the replacement values of
the machines. The County will reimburse the Contractor for the costs of the shipping and insurance, in
an amount not to exceed S 10,000.
4. Upon return of the inserting machines to the County, the County will arrange and pay for an inspection
of the inserting machines by Bell & Howell. The inspection will be for determining whether the
inserting machines are in proper working order. If the inserting machines are found not to be in proper
working order because of damage during shipping and before receipt of the machines by the County, the
Contractor will be responsible for paying the costs of putting the machines in proper working order. If
the inserting machines are found not to be in proper working order because of damage after receipt of
the machines by the County, the County will be responsible for paying the costs of putting the machines
in proper working order.
B. Printing Services
1. The Contractor will print election materials for various elections as requested by the County. The
materials to be printed will include, but not be limited to, official ballots, sample ballots, absentee
ballots, applications, special envelopes, measure arguments, candidate statements, and instructions.
2. The County will furnish the Contractor with draft election materials that the Contractor will proofread.
After proofreading, the Contractor will send the County hard copy proofs. The County will either
approve the hard copy proofs or return them to the Contractor for revisions.
3. When the Contractor receives the County's written approval (by letter, fax,-or email) of hard copy
proofs, the Contractor will begin printing election materials.
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Contractor County Dept
L-3 (Page 1 of 3)
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' Contra.Costa County SERVICE PLAN OUTLINE Number
_ _Standard Form_ L-3 ___(Purchase of Services—Long-Form)-.
Revised 2006
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4. The Contractor will furnish the County with written descriptions of quality control checks that the
Contractor will use in printing election materials.
5. The Contractor will print, cut, and perforate ballots within specifications and tolerances to pen-nit the
ballots to be correctly tabulated by County card readers and ballot counting programs.
6. The County will furnish the Contractor with address lists. The Contractor, or its County-approved
subcontractor, will print address cards'from the address lists. All address cards printed by the
Contractor, or its County-approved subcontractor, will include a bar code that is readable in County bar
code readers. All address cards printed by the Contractor, or its County-approved subcontractor, will
include the proper code authorization and mailing piece reference numbers needed to use the U.S. Postal
Service's address change service to receive address updates in electronic format. All address cards
printed by the Contractor, or its County-approved subcontractor, will include all the information
required by the U.S. Postal Service for postage rates for nonprofit mailings.
ITiiser L,g anu mailing SeI vices
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1. The Contractor-will carry out. inserting and mailing for elections as directed by and according to the
deadlines of the County.
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2. The County will furnish the Contractor with written guides showing what election materials must be
inserted by the Contractor with what voters materials.
3. The Contractor understands and accepts the County's zero tolerance for errors in inserting and mailing
election materials.
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4. The materials to be inserted by the Contractor will include,but not be limited to, permanent absentee
ballots and materials, mail ballots, sample ballots, polling place notifications, absentee ballot
applications, materials printed in Spanish, candidate statements, measures, and instructions.
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5. Once the Contractor has properly assembled election materials, the Contractor will prepare the materials
for mailing by drop-shipping the materials to the U.S. Postal Service as directed by the County. The
Contractor may use a mail house subcontractor approved by the County to mail out the election
materials, but the subcontractor must be required to take steps to reduce the cost of postage.
D. -Observer
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1. Anytime during the term of this contract, the County may designate an observer to watch the
Contractor's performance of this contract. The observer may conduct quality control checks on any part
of the Contractor's performance of this contract.
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L-3 (Page 2 of 3)
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• Contra Costa County SERVICE PLAN OUTLINE Number
Standard Form L-3 (Purchase of Services—Long Form)
Revised 2006
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E. Election Forms
1. As space permits at the Contractor's facility in Ashland, Oregon, the Contractor will store County
election materials as requested by the County. During the storage of such materials, upon request, the
Contractor will furnish the County with an inventory list of such materials so stored.
F. Payments to Contractor
1. As to the printing, inserting, mailing, and storing services to be performed by the Contractor under this
contract, the Contractor shall submit written demands for payment to the County no later than 30 days
from the completion of work on an election or no later than 30 days from the completion of a component
of work on an election. Accordingly,ithe second sentence in Paragraph 2 (Payment Demands) of the
PAYMENT PROVISIONS (Form P-1) is superseded by this provision.
2. The Contractor's written demands for payment will not exceed the prices set forth in Attachment A,
which is incorporated by reference rerein. Attachment A consists of four pages of prices or the
Contractor's services under this contract.
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L-3 (Page 3 of 3)
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Contra Costa County SPECIAL CONDITIONS Nu*ber
_ Standard Form L-4 - (Purchase of Services—Long Form)– _
Revised 2006
A. Renegotiation Under Special Circumstances
County's total payments to Contractor shall not exceed $5,000,000. However, if the County purchases a
new voting system prior to the expiration of this contract, the individual printing charges as listed on
"County Printing Price List", "County Envelope Price Schedule", "County Cards.Price Schedule" and/or
"Miscellaneous County Price Schedule" or the payment limit specified herein may be renegotiated to take
into consideration printing changes required by new hardware or software.
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L-4 (Page 1 of 1)
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Contra Costa County GENERAL CONDITIONS Number
_ Standard Form L-S _(Purchase of Services_
—Long Form)__-
Revised 2006
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1. Compliance with Law. Contractor shall be subject to and comply with all applicable federal, state and local laws and
regulations with respect to its performance under 'this Contract, including but not limited to, licensing, employment and
purchasing practices; and wages, hours and conditions of employment, including nondiscrimination.
2. Inspection. Contractor's performance, place of business and records pertaining to this Contract are subject to
monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United
States Government. l
3. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the
County, the State of California, and the United States Government, the Contractor's regular business records and such
additional records pertaining to this Contract as may be required by the County.
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a. Retention of Records. Contractor shall retain all documents pertaining to this Contract for five years from the
date of submission of Contractor's final payment demand or final Cost Report; for any further period that is required by
law; and until all federal/state audits are complete and exceptions resolved for this contract's funding period. Upon
request, Contractor shall make these records available to authorized representatives. of the County, the State of
California, and the United States Government.
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b. Access to Books and Records of Contractor, Subcontractor. Pursuant to Section 1861(v)(1) of the Social
Security Act, and any regulations promulgated thereunder, Contractor shall, upon written request and until the
expiration of four years after the furnishing of services pursuant to this Contract, make available to the County, the
Secretary of Health and Human Services, or Ithe Comptroller General, or any of their duly authorized representatives,
this Contract and books, documents, and records of Contractor necessary to certify the nature and extent of all costs and
charges hereunder.
Further, if Contractor carries out any of the.duties of this Contract through a subcontract with a value or cost of
$10,000 or more over a twelve-month period, such subcontract shall contain a clause to the effect that upon written
request and until the expiration of four years after the furnishing of services pursuant to such subcontract, the
subcontractor shall make available to the County, the Secretary, the Comptroller General, or any of their duly
authorized representatives, the subcontract and books, documents, and records of the subcontractor necessary to verify
the nature and extent of all costs and charges thereunder.
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This special condition is in addition to any and all other terms regarding the maintenance or retention of records under
this Contract and is binding on the heirs, successors, assigns and representatives of Contractor.
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4. Reporting Requirements. Pursuant to Govlernment Code Section 7550, Contractor shall include in all documents or
written reports completed and submitted to County to accordance with this Contract, a separate section listing the numbers
and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written .report. This
section shall apply only if the payment limit underlthis Contract exceeds $5,000.
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L-5 (Page I of 6)
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Contra Costa County GENERAL CONDITIONS Number
Standard.Form L=S- _ _._
_.(Purchase_of Services—Long-Ror.m) = -- --- -- - -- - ---
Revised 2006
5. Termination and Cancellation.
a. Written Notice. This Contract may be terminated by either party, in its sole discretion, upon thirty-day advance
written notice thereof to the other, and may be cancelled immediately by written mutual consent.
b. Failure to Perform. County, upon written notice to Contractor, may immediately terminate this Contract should
Contractor fail to perform properly any of its obligations hereunder. In the event of such termination, County may
proceed with the work in any reasonable manner it chooses. The cost to County of completing Contractor's
performance shall be deducted from any sum due Contractor under this Contract, without prejudice to County's rights to
recover damages.
C. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that federal, state, or other non-
County funding for this Contract ceases, this Contract is terminated without notice.
6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as
expressly provided herein, no other understanding, oral or otherwise, regarding the subject matter of this Contract shall be
deemed to exist or to bind any of the parties hereto.
7. Further Specifications for Operating. Procedures. Detailed specifications of operating procedures and budgets
required by this Contract, including but not limited to,'monitoring, evaluating, auditing, billing, or regulatory changes, may
be developed and set forth in a written Informal Agreement between Contractor and County. Informal Agreements shall be
designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify that
which is already required hereunder. Informal Agreements may not enlarge in any manner the scope of this Contract,
including any sums of money.to be paid Contractor as provided herein. Informal Agreements may be approved and signed
by the head of the county department for which this Contract is made or its designee.
8. Modifications and Amendments.
a. General Amendments. This Contract may be modified or amended by a written document executed by
Contractor and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any
required state or federal approval.
b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Service Plan may
be amended by a written administrative amendment executed by Contractor and the County Administrator (or designee),
subject to any required state or federal approval, provided.that such administrative amendment may not materially
change the Payment Provisions or the Service Plan.
9. Disputes. Disagreements between County and Contractor concerning the meaning, requirements, or performance of
this Contract shall be subject to final written determination by the head of the county department for.which this Contract is
made, or his designee-, or in accordance with the applicable procedures (if any) required by the state or federal government.
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L-5' (Page 2 of 6)
Contra Costa County GENERAL CONDITIONS Number
_. Standard Eorm_L-5_._ - JPurchase-of Services—Lon Form---
Revised 2006
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10. Choice of Law and Personal Jurisdiction.
a. This Contract is made in Contra Costa County and shall be governed and construed in accordance with the laws of
the State of California.
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b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, State
of California. i
11. Conformance with Federal and State Regulations and Laws. Should federal or state regulations or laws touching
upon the subject of this Contract be adopted or revised during the term hereof, this Contract shall be deemed amended to
assure conformance with such federal or state.requirements.
12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or
statements by any officer, agent or employee of County indicating Contractor's performance or any part thereof complies
with the requirements of this Contract, or acceptance of the whole or any part of said performance, or payments therefor, or
any combination of these acts, shall not relieve Contractor's obligation to fulfill this Contract as prescribed; nor shall .the
County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with
any of the terms and conditions of this Contract.
13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor.
Prior written consent of the County Administrator or his designee, subject to any required state or federal approval, is
required before the Contractor may enter into subcontracts for any work contemplated under this Contract, or before the
Contractor may assign this Contract or monies duel or to become due, by operation of law or otherwise.
14. Independent Contractor Status. This Contract is by and between two independent contractors and is not intended to
and shall not be construed to create the relationship between the parties of agent, servant, employee, partnership, joint
venture or.association.
15. Conflicts of Interest. Contractor, its officers, partners, associates,agents, and employees, shall not make, participate
in making, or in any way attempt to use the position afforded them by this Contract to influence any governmental decision in
which they know or have reason to know they have a financial interest under California Government Code Sections 87100, et
seq., or otherwise.
16. Confidentiality. Contractor agrees to comply and to require its officers, partners, associates, agents and employees to
comply with all applicable state or federal statutes or regulations respecting confidentiality, including but not limited to, .the
identity of persons served under this Contract, their records, or services provided them, and assures that:
a. All applications and records concerning any individual made or kept by Contractor or any public officer or agency
in connection with the administration of or relating to services provided under this Contract will be confidential, and
will not be open to examination for any purpose not directly connected with the administration of such service.
b. No person will publish or disclose orl permit or cause to be published or disclosed, any list of persons receiving
services, except as. may be required in the administration of such service. Contractor agrees to inform all employees,
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tor County Dept
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Contra Costa County GENERAL CONDITIONS Number
—..S.tandardEorm_L=5 .. _._. ._...(Purchase of Ser_v_ices=Long Form)__
Revised 2006
agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such
information other than as authorized by law may be guilty of a misdemeanor.
17. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract shall be available to all
qualified persons regardless of age, sex, race, religion, color, national origin, ethnic background, disability, or sexual
orientation, and that none shall be used, in whole orlin part, for religious worship or instruction.
18. Indemnification. Contractor shall defend, indemnify, save, and hold harmless County and its officers and employees
from any and all claims, costs and liability.for any damages, sickness,death, or injury to person(s) or property, including
without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or connected with
the operations or services of Contractor or its agents, servants, employees or subcontractors hereunder, save and except
claims or litigation arising through the sole negligence or sole willful misconduct of County or its officers or employees.
Contractor will reimburse County for any expenditures, including reasonable attorneys' fees, County may make by reason of
the matters that are the subject of this indemnification, and, if requested by County, will defend any claims or litigation to
which this indemnification provision applies at the sole cost and expense of Contractor.
19. Insurance. During the entire term of this Contract and any extension or modification thereof, Contractor shall keep in
effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions:
a. Liability Insurance. For all contracts where the total payment limit of the contract .is $500,000 or less,
Contractor shall provide comprehensive liability insurance, including coverage for owned and non-owned automobiles,
with a minimum combined single limit coverage of$500,000 for all damages, including consequential damages, due to
bodily injury, sickness or disease, or death to any person or damage to or destruction of property, including the loss of
use thereof, arising from each occurrence. Such insurance shall be .endorsed to include County and its officers and
employees as additional insureds as to all services performed by Contractor under this agreement. Said policies shall
constitute primary insurance as to County, the state and federal governments, and their officers, agents, and employees,
so that other insurance policies held by them or their self-insurance program(s) shall not be required to contribute to any
loss covered under Contractor's insurance policy or policies. For all contracts where the total payment limit is above
$500,000, the aforementioned insurance coverage to be provided by Contractor shall have a minimum combined single
limit coverage of $1,000,000, and Contractor shall be required to provide County with a copy of the endorsement
making the County an additional insured on all general liability, worker's compensation, and, if applicable, all
professional liability insurance policies as required herein no later than the effective date of this Contract.
b. Workers' Compensation. Contractor shall provide workers' compensation insurance coverage for its employees.
C. Certificate of Insurance. The Contractor shall provide the County with (a) certificate(s) of insurance evidencing
liability and worker's compensation insurance as required herein no later than the effective date of this Contract. If the
Contractor should renew the insurance policy(ies) or acquire either a new insurance policy(ies) or amend the coverage
afforded through an endorsement to the policy at any time during the term of this Contract, then Contractor shall
provide (a) current certificate(s) of insurance
d. Additional Insurance Provisions. The insurance policies provided by Contractor shall include a provision for
thirty (30) days written notice to County before cancellation or material change of thd above specified coverage.
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Contra Costa County GENERAL CONDITIONS Number
--Standard_Eorm.L=5 __ (Purchase—of—Services—Long Form)— --- = — -- — -- -
Revised 2006
20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United
States mail, postage prepaid. Notices to County shall be addressed to the head of the county department for which this
Contract is made. Notices to Contractor shall be addressed to the Contractor's address designated herein. The effective date
of notice shall be the date of deposit in the mails or of other delivery, except that the,effective date of notice to County shall
be the date of receipt by the head of the county department for which this Contract is made.
21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the
Special Conditions (if any) and-Service Plan do not'limit any term of the General Conditions.
22. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or..understanding that the
services provided by Contractor under this Contract will be purchased by County under a new contract following expiration
or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to continue
purchasing all or any such services from Contractor.
23. Possessory Interest. If this Contract results in Contractor having possession of, claim or right to the possession of land
or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in
the placement of taxable improvements on tax exempt land (Revenue & Taxation Code Section 107), such interest or
improvements may represent a possessory interest subject to property tax, and.Contractor may be subject to the payment of
property taxes .levied on such interest. Contractor agrees that -this provision complies with the notice requirements of
Revenue & Taxation Code Section 107.6, and waives all rights to further notice or to damages under that or any comparable
statute.
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24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract may provide some
aid or assistance to members of the County's population, it is not the intention of either County or Contractor that such .
individuals occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this
Contract.
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25. Copyrights and Rights in Data. Contractor shall not publish or transfer any materials produced or resulting from
activities supported by this agreement.without the' express written consent of the County Administrator. If any material is
subject to copyright, County reserves the right tol copyright, and Contractor agrees not to copyright, such material. If the
material is copyrighted, County reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use
such materials, in whole or in part, and to authorize others to do so.
26. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa County publicly endorse or
oppose the use of any particular brand name or commercial product without the prior approval of the Board of Supervisors.
In its County contractor capacity, Contractor shall not publicly attribute qualities or lack of qualities to a particular brand
name or commercial product in the absence of a well-established and widely accepted scientific basis for such claims or
without the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not participate or
appear in any commercially produced advertisements designed to promote a.particular brand name or commercial product,
even if Contractor is not publicly endorsing a product, as long as the Contractor's presence in the advertisement can
reasonably be interpreted as an endorsement of the product by or on behalf of Contra Costa County. Notwithstanding the
foregoing, Contractor may express its views on products to other contractors, the Board of S isors, County officers, or
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Contra Costa County GENERAL CONDITIONS Number
_.____Standard_Form_L_5 _._ _ __—_ (P.ur_chase of_Services—Long_Form)—
Revised 2006
.others who may be authorized by the Board of Supervisors or by law to receive such views.
27. Required Audit. (A) If Contractor is funded by $300,000 or more in federal grant funds in any fiscal year.fro.m. any
source, Contractor shall provide to County at.Contractor's expense an audit conforming to the requirements set forth in the
most current version of Office of Management and Budget Circular A-133. (B) If Contractor is funded by less than $300,000
in federal grant funds in any fiscal year from any source, but such grant imposes specific audit requirements; Contractor shall
provide to County an audit conforming to those requirements. (C) If Contractor is funded by.less than $300,000 in federal
grant funds in any fiscal year from any source, Contractor is exempt from federal audit requirements for that year, however,
Contractor's records must be available for and and audit may be required by, appropriate officials of the federal awarding
agency, the General Accounting Office (GAO), the pass-through entity and/or the County. If any such audit is required,
Contractor shall provide County with such audit. With respect to the audits specified in (A), (B) and (C) above, Contractor
is solely responsible for arranging for the conduct of the audit, and for its cost.. County may withhold the estimated cost of
the audit or 10 percent of the contract amount, whichever is larger, or the final payment, from Contractor until County
receives the audit from Contractor.
28. Authorization. Contractor, or the representative(s) signing this Contract on behalf of Contractor, represents and
warrants that it has full power and authority to enter into this Contract and perform the obligations herein.
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Initials: t�
Contractor County Dept.
L-5 (Page 6 of 6)
Contra Costa County PAYMENT PROVISIONS. Number
' Standard Form P-1 (Fee Basis Contracts - Long and Short Form)
Revised 2002
1. Payment Amounts. Subject to the Pavinent Limit of this Contract and subject. to.the following Payment
Provisions, County will pay Contractor the following fee as full compensation for all services,work,expenses
or costs provided or incurred by Contractor:
[Check one alternative only.]
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❑ a. $ monthly, or
❑ b. $ per unit, as defined in the Service Plan, or
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❑ c. $ after completion of all obligations and conditions herein.
® d. Other: As set forth in Paragraph F of the Service Plan.Outline.
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2. Payment Demands. Conti-actor shall submit.written demands for payment on County Demand Form D-15 ul
the manner and form prescribed by County. Contractor shall submit said demands for payment no later than
3V days from the C.nd Gf the 1iloiitll 1n Vv1111C111 U1 lolltral t. SCi CCS upon VJh1Cii S11C11 delilail(�i i5 liaSCd were
actually rendered. Upon approval of payment demands by the head of the County Department for which tills
Contract is made, or his designee, County will snake payments as specified in Paragraph 1. (Payment.
Amounts) above.
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3.. Penalty for Late Submission. If County is unable to obtain reimbursement from the Skate of California as a
result.of Contractor's failure to submit to County a timely demand for payment as specified in Paragraph 2.
(Payment Demands) above, County shall not pay Contractor for such services to the extent County's recovery
of funding is prejudiced by the delay even though such services were fully provided.
4. Right to Withhold. County has the right.to withhold payment to Contractor when, in die opinion of County
expressed in writing to Contractor, (a) Contractor's performance, in whole or in part, either has not been
carried out or is insufficiently documented, (b) Contractor has neglected, failed or refused to furnish
information or to cooperate with any inspection, review or audit. of its program, work or records, or (c)
Contractor has failed to sufficiently itemize or document its demand(s) for payment.
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5. Audit Exceptions. Contractor agrees to accept responsibility for receiving,replying to,and/or complying with
any audit exceptions by appropriate county, state or-federal audit agencies resulting from its performance of
t its Contract. Within 30 days of demaInd,Contractor shall pay County the full amount of County's obligation,
if any, to the state and/or federal government resulting from any audit exceptions, to the extent such are
attributable to Contractor's failure to perform properly any of its obligations under this Contract.
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Initials.
ContraceK County Dept.
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Attachment A
® _.Revised-2006-. —
_ I F�D E P E N®E.N T_ P_R.I N T I-N.G_C.0-fly►PA-N Y-- =- -=-
Quality since 1910
3930 Pacheco Boulevard Martinez CA 94553 510-229-5050 FAX 510-229-5051
640 Tolman Creek Road Ashland OR 97520 . 541-482-3711 FAX 541-482-4712 .
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Miscellaneous. County Price Schedule
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Monthly Pallet Storage, $15.00 month
Failsafe Pads
8,000 $162.00im
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Irnprint Gold Seals
2,000 $173.65/m
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Poll Watch Poster
1,000 $736.00.
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Final Storage Seals I
,000 i $920.00
Instruction Book Election Office
1,000 $4,265.00
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What to do If Book I
1,000 . $4,830.00
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Attachment A
INDEPENDENT PRINTIN_G--C.OMPANY -_ -- .- - - — ._Revised-200.6--_
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Quali(l,since 1910
3930 Pacheco Boulevard Martine CA 94553 510-229-5050 FAx 510-229-5051
i 640 Tolman Creek Road Ashland OR 97520 54142-4711 FAx 541-482-4712
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County Cards Price Schedule
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Laser Imprint Cards
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4-1/2 x 5-1/2 1 Colar/ 2 Sides / Perf.
Form: D-40-ES
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30,000 �54.4u/1n
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5-1/2 x 8-1/2 1 Color/ 2 Sides / Perf.
Forms: 8-D-2, D-41, D-42, M-3
5,000 1$240.00/m
25,000 1$89.60/m
60,000 1$64.60/m
200,000 I$54.60/m
)-1/2x8-1/2 Color Stocl: / 1 Color/2 Sides/Perf.
80,000 1$72.60/m
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8-1/2x 11 1 Color/ 2 Sides / Perf.
Form: P-1
20,000 1$140.00/m
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Voter Insert Cards
4-1/8 x 5-1/2 l Color/ 2 Sides
500,000 1$15.00/m
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5-1/2 x 8-1/2 4 Color/ 1 Color
Form: K-8-A
200,000 I$50.60/m
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5-1/2 x 8-1/2 3 Color/ I Color
Form: K-8
600,000 $29.70/m
1 Page 2 of 4
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Attachment A
- -f-N-D E-P-E-N D E NT-P R I N T I N Gi.C O N1 PA N Y - --
1
1 Quality since 1910
3930 Pacheco Boulevard Martinez CA 94553 510-229-5050 FAx 510-229-5051
640 Tolman Creek Road Ashland OR 97520 541-482-4711 FAX 541-482-4712-
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County EnMlOpe I'Mce lClleduie
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9-1/2 x 6 Window 2 Color
Forms: A-I, and A-I-B
150,000 $72.00/m
300,000 $43.50/m
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10 x 6 Window 2 Color
Fonds: K-7, and K-7B
700,000 $33.15/m
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Page 3 of 4
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® INDEPENDENT PRINTING (COMPANY Attachment
_-_ __Rev_(sec]-2006
-- - — -- - ---- - - —Quality since 1910
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-3930 Pacheco Boulevard Martinez CA 94553 510-229,-5050 FAx 510-229-5051
640 Tolman Creek Road Ashland OR 97520 541-482-4711 FAx 541-482-4712
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County Printing Price List
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For Governor and Presidential Elections, Primary and General
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Mark-A-Vote Ballots
Test, Absentee, Official Ballot.. Sample Ballot
Inclludes all setup charges and plate charges
.90� - 1.20 per voter
Candidate / Measure Bookletsl
Includes setup and plates
County furnishes typesetting 10,000 minimum
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1 Om and up
2 page $28.00/m
4 page $50.00/m
6 page $83.00/m
8 page $l 15.00/m
12 page $182.00/m
16 page $248.00/m
20 page $314.00/in
24 page $380.00/m
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Imprinting Voter Insert Cards
From County Disc
Less than 100m $78.65/m
More than l OOm $68.75/m
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Inserting Contents into Sample Ballot Envelope
Sample ballot, Insert cards, Measures, Candidate Statements
.16� to .24� each
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Page 4 of 4
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