Election 2008 Sample Ballots

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					               REQUEST FOR PROPOSAL




  PREPARATION, PRINTING & MAILING OF ELECTION BALLOTS

                           RFP #4980-08




                        SUBMITTAL DUE:

                         MARCH 31, 2008
                             2:00 P.M.
                  Boulder County Purchasing Office




                 BOULDER COUNTY PURCHASING
                      JENNY OLBERDING
                     PURCHASING AGENT


2020 13TH ST                                P.O. BOX 471


                                 1
BOULDER, CO 80302         BOULDER, CO 80306
PHONE: 303-441-3525       FAX: 303-441-4524




                      2
                                      REQUEST FOR PROPOSAL


The Boulder County Clerk and Recorder’s office is seeking proposals from qualified vendors for
Preparation, Printing & Mailing of Election Ballots.

Specifications and a sample contract are attached.

Proposals are due in the Purchasing office for time and date stamping by Monday, March 31, 2008,
2:00 p.m. Two copies of the proposal must be submitted in a sealed envelope, clearly marked as RFP
# 4980-08 and delivered to the Purchasing Division, 2020 13th Street, 1st Floor, Boulder, CO 80302,
or mailed to Boulder County Purchasing, P.O. Box 471, Boulder, CO 80306. All Overnight, Express
and Priority Mail should be directed to the above street address. All proposals must be received and
time and date stamped in the Purchasing office by the above due date and time. Any proposals
received after due date and time will be returned unopened to the bidder. No fax or e-mailed
responses will be accepted.

All inquires regarding this RFP shall be submitted in writing to the Purchasing section, located
at 2020 13th Street, 1st Floor, Boulder CO 80306, or emailed to jolberding@bouldercounty.org
and to mmckibben@bouldercounty.org by 4:00 p.m., March 11, 2008. All responses from the
County to all inquires shall be sent via email no later than March 14, 2008.


The awarded vendor will be required to post a performance bond in an amount equal to 100%
of the proposed price to ensure satisfactory service within the timelines listed on page 11.

The Board of County Commissioners reserve the right to reject any and all bids, to waive any
informalities or irregularities therein, and to accept the proposal that, in the opinion of the Board, is in the
best interest of the Board and of the County of Boulder, State of Colorado.

by: Jenny Olberding, Purchasing Agent




                                                       3
                            TERMS AND CONDITIONS


1.    Proposers are expected to examine the specifications, schedule of delivery, and all
      instructions. Failure to do so will be at the proposers’ risk.

2.    Each proposer shall furnish the information required in the proposal.

3.    The Contract/Purchase Order will be awarded to that responsible proposer whose
      submittal, conforming to the Request For Proposal, will be most advantageous to
      the County of Boulder, price and other factors considered.

4.    The County of Boulder (Office of Purchasing) reserves the right to reject any or all
      proposals and to waive informalities and minor irregularities in proposals received,
      and to accept any portion of or all items proposed if deemed in the best interest of
      the County of Boulder to do so.

5.    A certified check, or cashiers check payable to the County of Boulder, or
      satisfactory bid bond executed by the proposer and in the amount specified in the
      "Request for Proposal" shall be submitted when so stipulated in the "Request for
      Proposal".

6.    The successful proposer will be required to furnish and pay for satisfactory
      performance and payment bond, or bond, when so stipulated in the "Request for
      Proposal."

7.    No submittal shall be withdrawn for a period of thirty (30) days subsequent to the
      opening of proposals without the consent of the County Purchasing Agent or
      delegated representative.

8.    A signed purchase order or contract furnished to the successful proposer results in
      a binding contract without further action by either party.

9.    Late or unsigned proposals will not be accepted or considered. It is the
      responsibility of proposer to ensure that the proposal arrives in the office of the
      County Purchasing Agent prior to the time indicated in the "Request for Proposal."

10.   NOTE: IN ORDER TO REMAIN ON "ACTIVE BIDDERS LIST" IT IS
      IMPERATIVE THAT ALL BIDS BE RETURNED. IN THE EVENT OF "NO
      BID," PLEASE SIGN BID, INDICATING "NO BID" AND RETURN.




                                           4
                     TERMS AND CONDITION CONTINUED

11.   The proposed price shall be exclusive of any Federal or State taxes from which the
      County of Boulder is exempt by law.

12.   Any interpretation, correction or change of the Proposal Documents will be made by
      Addendum. Interpretations, corrections and changes of the Proposal Documents
      made in any other manner will not be binding, and Proposer shall not rely upon such
      interpretations, corrections and changes. The County's Representative will not be
      responsible for oral clarification.

13.   14. Confidential/Proprietary Information: Proposals submitted in response to this
      RFP and any resulting contract is subject to the provisions of the Colorado Public
      (Open) Records Act, 24-72-201 et. seq., C.R.S., as amended. Any restrictions on
      the use or inspection of material contained within the proposal and any resulting
      contract shall be clearly stated in the proposal itself. Confidential/proprietary
      information must be readily identified, marked and separated/packaged from the
      rest of the proposal. Co-mingling of confidential/proprietary and other information
      is NOT acceptable. Neither a proposal, in its entirety, nor proposal price
      information will be considered confidential/proprietary. Any information that will be
      included in any resulting contract cannot be considered confidential.




                                           5
RFP #4980-08
Preparation, Printing, Mailing of Election Ballots
Due: March 31, 2008, 2:00 p.m.

BACKGROUND

The Elections Division is part of the Boulder County Clerk and Recorder’s Office. The division, though
part of the overall Clerk’s office has its own staff and budget. Boulder County’s electronic Voter
Registration System is Sequoia Voting Systems’ Integrity. The awarded vendor will be required to
work with the Integrity programs and files.


PREPARATION and PRINTING of MAIL BALLOTS; PREPARATION for MAILING;
ADDRESSING of MAIL BALLOTS


The Boulder County Elections Division invites qualified vendors to respond to the following
specifications to print, insert, address, mail ballots for our Boulder County elections scheduled August
12, 2008 and November 4, 2008.

RFPs are due on or before March 31, 2008, 2:00 p.m. Responses will be evaluated on, but not limited
to the following:
         1.      Evidence to substantiate all performance claims, including but not limited to references
                 from jurisdictions within Colorado for whom they have successfully printed, prepared,
                 addressed, and mailed ballots for a multiple jurisdiction election.
         2.      Proof of ability to post a performance bond in the amount of 100% of your company’s
                 proposed price.
         3.      Price


REQUIREMENTS

All respondents must have the ability to:
        1.      Read Boulder County’s electronic voter registration file provided by the Boulder
                County Clerk and Recorder’s Senior Systems Analyst. The file will be exported from a
                SQL Server database to a non-indexed ASCII format. A file layout documenting the
                fields in each record will be provided.
                The database is used to determine the ballot style that each individual ACTIVE
                registered voter is eligible to receive. As of February 8, 2008, Boulder County has
                147,980 ACTIVE voters. Our Active voter file incurs a net increase of approximately
                1,000 registered voters per month.
        2.      Ballots must be printed from a postscript or Adobe Acrobat® pdf file as provided by
                the Boulder County Clerk and Recorder.
        3.      Ballots must be printed on Weyerhaeuser Cougar Opaque paper in 70lb. weight and

                                                     6
RFP #4980-08
Preparation, Printing, Mailing of Election Ballots
Due: March 31, 2008, 2:00 p.m.

                must meet the following specifications in order to properly scan using the Hart InterCivic
                ballot tabulation system:
                Brightness: 96
                Opacity: 94.5%
                Caliper: .0052”
                Smoothness: 100 (Sheffield)
                If other paper is used, please specify the paper name, type, and printing specifications
                as verification that it will properly scan using the Hart InterCivic ballot tabulation system.
        4.      Ballots must be printed for a minimum of eleven separate jurisdictions. All voters will be
                entitled to a minimum of a ballot from the state/county and a school district. Some
                voters in the county will also receive a ballot from one of the five major municipalities
                within the county and a potential of one or more of several special districts but those will
                not be part of this contract. Other smaller municipalities may also have issues to place
                before their electorate but those also will not be part of this contract.
        5.      Vendor shall be responsible for providing ballots for the county to use in its roundtrip
                testing and LAT testing, the details of which will be more specifically set forth in the
                contract to be negotiated with the vendor awarded the bid. For both the roundtrip and
                LAT testing, the vendor will need to provide the County ballots for every precinct
                /ballot style combination as defined in a print file from the County. Roundtrip and LAT
                testing will occur for both the Primary and General Elections.
                a.       A “Roundtrip Ballot” is an official ballot that the county will use to test every
                         aspect of the voting system and process through final tally. The purpose of the
                         roundtrip test is to ensure that the ballot printed by the vendor will be able to be
                         used successfully on every type of vote and tabulation equipment that will be
                         used by the county. The county will test the roundtrip ballot and promptly
                         notify the vendor of any problems and/or corrections that need to be made, if
                         necessary. The county shall make said corrections and send a new file to the
                         vendor for printing. The vendor will then send the county a second roundtrip
                         ballot from the county’s modified file. The county shall review the second
                         roundtrip ballot in the same manner as the first roundtrip ballot. This process
                         shall continue until the county receives roundtrip ballots that work successfully
                         using every type of voting equipment used by the county. The timetable for
                         delivery and notification for corrections, etc. are set forth in Exhibit A.
                b.       The LAT testing is a public test that occurs after the ballots are printed and after
                         the roundtrip test is completed. County officials will travel to the vendor’s site
                         to pick out a random sampling of ballots to be used for the test. The vendor
                         will agree to work with the county to provide the necessary ballots for the
                         conduct of the LAT test.
        6.      Primary Election: The ballot content for all jurisdictions participating in the Primary


                                                     7
RFP #4980-08
Preparation, Printing, Mailing of Election Ballots
Due: March 31, 2008, 2:00 p.m.

                Election will be certified on June 13, 2008. Ballots for the Primary Election must be
                printed and in possession of the Designated Election Official on July 11, 2008.
                a.       Ballots for Polling Places: Respondents must be able to print all ballots as
                         certified by the various jurisdictions.
                b.       Mail Ballot Packets: The respondents must be able to print all ballots as
                         certified by the various jurisdictions; make up the appropriate ballot packet for
                         each voter whose name appears on the mail ballot voter list provided by the
                         Designated Election Official; address the individual envelopes, track exact ballot
                         packet count after printing, before and after mail sorting, and have all ballots in
                         the mail on or after July 18, 2008 (the first day mail ballots may be mailed) but
                         no later than July 28, 2008 (the last day ballots may be mailed). The ballots
                         shall be mailed to all ACTIVE registered electors who have registered to vote
                         on or before July 14, 2008.
        6.      General Election: The ballot content for all jurisdictions participating in the General
                Election will be certified on September 8, 2008. Ballots for the General Election must
                be printed and in possession of the Designated Election Official on October 3, 2008.
                a.       Ballots for Polling Places: Respondents must be able to print all ballots as
                         certified by the various jurisdictions.
                b.       Mail Ballot Packets: The respondents must be able to print all ballots as
                         certified by the various jurisdictions; make up the appropriate ballot packet for
                         each voter whose name appears on the mail ballot voter list provided by the
                         Designated Election Official; address the individual envelopes; track and
                         report exact ballot packet count after printing and before and after mail
                         sorting; and have all ballot packets in the mail on or after October 10, 2008
                         (the first day mail ballots may be mailed) but no later than October 20, 2008
                         (the last day ballots may be mailed). The ballots shall be mailed to all ACTIVE
                         registered electors who have registered to vote on or before October 6, 2008.
        7.      Each ballot shall contain the warning set forth in 1-7.5-107(3)(b): "WARNING: Any
                person who, by use of force or other means, unduly influences an eligible elector to vote
                in any particular manner or to refrain from voting, or who falsely makes, alters, forges,
                or counterfeits any mail ballot before or after it has been cast, or who destroys, defaces,
                mutilates, or tampers with a ballot is subject, upon conviction, to imprisonment, or to a
                fine, or both."
        8.      Additional ballots shall be printed in each ballot style for each election, in a number to
                be pre-determined by the Designated Election Official, to provide for polling place
                voting; for replacement ballots; for use by Inspection and Duplication teams; and for test
                ballots.
        9.      Mail Ballot Packets: RFP responders must be capable of preparing a ballot packet for
                each voter whose name appears on the mail ballot list provided by the Designated


                                                     8
RFP #4980-08
Preparation, Printing, Mailing of Election Ballots
Due: March 31, 2008, 2:00 p.m.

                Election Official. Each packet shall be mailed using the most cost-effective means
                available and shall guarantee the return postage on packets deemed by the Post Office
                to be Undeliverable. Check with the Post Office on the current verbiage for DO NOT
                FORWARD ADDRESS CORRECTION REQUESTED. Red ink should not be
                used. Each ballot packet shall include:
                a.      the ballot style (all ballot races for each jurisdiction) of each voter whose name
                        appears on the mail ballot list provided by the Designated Election Official;
                b.      an outgoing envelope properly addressed to each voter receiving a ballot shall
                        contain the following (Figures 1 & 2):
                        1.       the return address of the County Clerk in the upper left hand corner;
                        2.       the Official Election Mail logo to expedite handling by the post office;
                        3.       the proper postage (which may vary from one ballot style to another);
                        4.       an indicia using the current verbiage to denote that the ballot is NOT to
                                 be forwarded but IS to be returned to the Boulder County Clerk and
                                 Recorder;
                        5.       the outgoing envelope shall contain a bar code that is compatible with
                                 the county’s voter registration system, Integrity, and generated by
                                 reading the voter’s ID number from the electronic file. This bar code
                                 shall, when scanned, indicate to the Integrity System that the ballot of
                                 that voter was returned by the post office without having been voted;
                        6.       It is preferred that the outer envelope have a window by which the
                                 precinct and ballot style located inside the inner return envelope (which
                                 also has a window) are visible (Figure 1).
                c.      an inner return envelope in which the voted ballot shall be returned to the
                        Boulder County Clerk and Recorder, containing the address of the Boulder
                        County Clerk and Recorder’s Elections Division shall contain the following
                        (Figures 3 through 6):
                        1.       the Official Election Mail logo to expedite handling by the post office;
                        2.       an indicia to the voters instructing them to affix the appropriate amount
                                 of first class postage (which may vary, depending on the number of
                                 ballots per envelope);
                        3.       lines in the upper left hand corner of the return envelope for the voter’s
                                 return address;
                        4.       a printed area on the envelope (or a label) shall include:
                                 i.        a self-affirmation;
                                 ii.       a bar code that is compatible with the State’s SCORE II
                                           System and including the voter’s unique identification number
                                           printed from the electronic file to denote that the bar code is on
                                           a returned voted ballot, so that when the envelope is scanned,


                                                     9
RFP #4980-08
Preparation, Printing, Mailing of Election Ballots
Due: March 31, 2008, 2:00 p.m.

                                            the voter’s record will be updated to show the date the voted
                                            ballot was received by the Clerk;
                                  iii.      a line for the voter’s signature (which must be signed by the
                                            voter);
                                  iv.       a line for the current date (which must be filled in by the voter);
                                  v.        and a line for a Witness signature (if necessary).
                         5.       The envelope flap should cover the voter’s signature as shown in
                                  Figures 5 & 4 with a perforated smaller flap that can be torn off to
                                  reveal the voter’s signature.
                         6.       It is preferred that the return envelope have a window by which the
                                  precinct and ballot style are visible and that also shows through a
                                  window on the outgoing envelope (Figure 1).
                d.       a secrecy envelope that shall include:
                         1.       voting instructions (Figures 7 & 10);
                         2.       an open side that open fully (Figures 8 & 9);
                         3.       notches midway up the open side of the sleeve for easier ballot removal
                                  (Figures 7 & 10).
        10.     UOCAVA (foreign/military voters) envelopes for delivery to the Designated Election
                Official; not to be mailed by vendor. Red ink should not be used. The following
                UOCAVA envelopes are required.
                a.       Outgoing envelopes shall contain the following (Figure 11):
                         1.       the return address of the County Clerk in the upper left hand corner;
                         2.       the Official Election Mail logo to expedite handling by the post office;
                         3.       U.S. POSTAGE PAID; 39 USC 3406; PAR AVION in the upper
                                  right hand corner;
                         4.       OFFICIAL MAIL-IN BALLOTING MATERIAL – FIRST-CLASS
                                  MAIL; NO POSTAGE NECESSARY IN THE U.S. MAIL-DMM
                                  703.8.0 on the middle of the front of the envelope;
                b.       Return envelopes in which the voted ballot shall be returned to the Boulder
                         County Clerk and Recorder, containing the address of the Boulder County
                         Clerk and Recorder’s Elections Division shall contain the following:
                         1.       Front of UOCAVA envelope (Figure 12)
                                  a.        lines for the voter’s return address in the upper left hand corner
                                  b.        the Official Election Mail logo to expedite handling by the post
                                            office;
                                  c.        U.S. POSTAGE PAID; 39 USC 3406; PAR AVION in the
                                            upper right hand corner;
                                  d.        OFFICIAL MAIL-IN BALLOTING MATERIAL – FIRST-
                                            CLASS MAIL; NO POSTAGE NECESSARY IN THE U.S.
                                            MAIL-DMM
                                  e.        the delivery address of the County Clerk on the middle of the

                                                     10
RFP #4980-08
Preparation, Printing, Mailing of Election Ballots
Due: March 31, 2008, 2:00 p.m.

                                         envelope;
                                f.       other markings similar to those on Figures 12 & 13
                         2.     Back of UOCAVA envelope (Figure 13)
                                a.       the Official Election Mail logo to expedite handling by the post
                                         office;
                                b.       an indicia to the voters instructing them to affix the appropriate
                                         amount of first class postage (which may vary, depending on the
                                         number of ballots per envelope);
                                c.       lines in the upper left hand corner of the return envelope for the
                                         voter’s return address;
                                d.       a printed area on the envelope (or a label) shall include:
                                         i.        a self-affirmation;
                                         ii.       a bar code that is compatible with the State’s SCORE
                                                   II System and including the voter’s unique identification
                                                   number printed from the electronic file to denote that
                                                   the bar code is on a returned voted ballot, so that when
                                                   the envelope is scanned, the voter’s record will be
                                                   updated to show the date the voted ballot was received
                                                   by the Clerk;
                                         iii.      a line for the voter’s signature (which must be signed by
                                                   the voter);
                                         iv.       a line for the current date (which must be filled in by the
                                                   voter);
                                         v.        and a line for a Witness signature (if necessary).
                                e.       The envelope flap should cover the voter’s signature in a similar
                                         manner as that shown in Figures 5 & 4 with a perforated
                                         smaller flap that can be torn off to reveal the voter’s signature.
        11.     Provisional Ballot envelopes for delivery to the Designated Election Official; not to be
                mailed by vendor. A perforated stub attached to the provisional envelope is preferred.
                This stub would allow the voter to take a record of their provisional ballot with them
                after voting. Envelope size will depend on the size of the ballot. Red ink should not be
                used. (Figures 14 & 15)
        12.     The awarded vendor will be required to post a performance bond in an amount equal to
                100% of the proposed price to ensure satisfactory service within the timelines listed on
                page 6.




                                                     11
RFP #4980-08
Preparation, Printing, Mailing of Election Ballots
Due: March 31, 2008, 2:00 p.m.

Exhibit A: Contract Timeline Requirements


                              CONTRACT TIMELINE                               DATE

 RFP sent to vendors                                                         29-Feb-08

 RFP responses due                                                           31-Mar-08

 Tentative date of award of RFP and Contract                                 17-Apr-08
 Ballot content certified for all jurisdictions participating in the
                                                                             13-Jun-08
 August 12, 2008 Primary Election
 Roundtrip Ballots due to County                                             14-Jun-08

 Roundtrip Ballot Corrections from County due to Vendor                      14-Jun-08

 Roundtrip Ballots with Corrections due to County                            16-Jun-08

 Logic and Accuracy Test (LAT) Ballots Pulled by County at Vendor site       16-Jun-08
 Ballot content certified for all jurisdictions participating in the
                                                                             13-Jun-08
 August 12, 2008 Primary Election
 Ballots for the Primary Election must be printed and in possession of the
                                                                             11-Jul-08
 Designated Election Official
 First day ballots can be mailed to voters for the Primary Election          18-Jul-08

 Last day ballots can be mailed to voters for the Primary Election           28-Jul-08

 PRIMARY ELECTION DAY                                                        12-Aug-08
 Ballot content certified for all jurisdictions participating in the
                                                                             5-Sep-08
 November 4, 2008 General Election
 Roundtrip Ballots due to County                                             6-Sep-08

 Roundtrip Ballot Corrections from County due to Vendor                      6-Sep-08

 Roundtrip Ballots with Corrections due to County                            8-Sep-08

 Logic and Accuracy Test (LAT) Ballots Pulled by County at Vendor site       8-Sep-08



                                                     12
RFP #4980-08
Preparation, Printing, Mailing of Election Ballots
Due: March 31, 2008, 2:00 p.m.

 Ballots for the General Election must be printed and in possession of the
                                                                             3-Oct-08
 Designated Election Official
 First day ballots can be mailed to voters for the General Election          10-Oct-08

 Last day ballots can be mailed to voters for the General Election           20-Oct-08

 GENERAL ELECTION DAY                                                        4-Nov-08



Exhibit B: Ballots & Envelopes Requested


                    BALLOTS & ENVELOPES REQUESTED                            NUMBER

 Roundtrip Test Ballots                                                        100

 Logic and Accuracy Test (LAT) Ballot                                          300

 Ballots for 234 precincts for Primary Election                              120,000

 Ballots for 234 precincts for General Election                              170,000

 Outgoing Envelopes (paragraph 9.b.)                                         120,000

 Inner Return Envelopes (paragraph 9.c.)                                     120,000

 Secrecy Sleeves for Primary Election (paragraph 9.d.)                        50,000

 Secrecy Sleeves for General Election (paragraph 9.d.)                        60,000

 UOCAVA (foreign/military) Outgoing Envelopes (paragraph 10.a.)                4,000

 UOCAVA (foreign/military) Return Envelopes (paragraph 10.b.)                  4,000

 Provisional Ballot Envelopes (paragraph 11)                                   7,000




                                                     13
RFP #4980-08
Preparation, Printing, Mailing of Election Ballots
Due: March 31, 2008, 2:00 p.m.


SUBMITTAL SECTION
Please respond to the following in the order listed below:

1.)     Please state Name, address, phone and fax # of your company.

2.)     Please submit proof of certification by the Colorado Secretary of State of all ballot counting
        programs and equipment.

3.)     Please provide evidence to substantiate all performance claims, including but not limited to
        references from jurisdictions within Colorado for whom you have successfully printed,
        prepared, addressed and mailed ballots for a multiple jurisdiction election.

4.)     Please state your experience in providing the required services to eleven (11) or more
        jurisdictions with 100,000 or more registered voters in a single election.

5.)     Please provide evidence or state your ability to provide the required services outlined on
        pages 5 - 10

6.)     Please provide pricing options for both 8.5x14 and 11x17 double-sided ballots one and two
        pages for:
        ballot printing, preparation and mailing. Price should include, identify and itemize all services
        and materials required for the primary and general elections. 7.)          Please submit any
        additional value added services you can provide to the county pertaining to ballot printing and
        mailing.




                                                     14
RFP #4980-08
Preparation, Printing, Mailing of Election Ballots
Due: March 31, 2008, 2:00 p.m.




                                                     15
RFP #4980-08
Preparation, Printing, Mailing of Election Ballots
Due: March 31, 2008, 2:00 p.m.

SIGNATURE PAGE

Failure to sign and return this submittal page with your proposal may be cause for rejection.

I certify that I am not currently an employee of Boulder County, and to the best of my knowledge, none
of my employees or agents are currently employees of Boulder County. I also certify that I am not
related to any Boulder County employee or Elected Official.
SIGNATURE: _____________________________________________ Note: If you cannot
certify the above statements, please explain in the space provided below:

_______________________________________________________________________
Company Name

_______________________________________________________________________

Print or Type Name of Bidder’s Authorized Officer or Partner


_______________________________________________________________________
Signature of Bidder's Authorized Officer or Partner Date


*NOTE: If Bidder is a corporation, set forth the legal name of the corporation together with
        the signature of the officer or officers authorized to sign contracts on behalf of the
        corporation. If Bidder is a partnership, set forth the name of the firm together with
        the signature of the partner of partners authorized to sign contracts on behalf of the
        partnership.


_______________________________________________________________________
Business Address
_______________________________________________________________________

City                                     State                           Zip Code

_______________________________________________________________________
Phone #                       Fax #                    E-Mail Address




_______________________________________________________________________

                                                     16
RFP #4980-08
Preparation, Printing, Mailing of Election Ballots
Due: March 31, 2008, 2:00 p.m.


ATTEST: Secretary                                         Corporate Seal




                                                     17
RFP #4980-08
Preparation, Printing, Mailing of Election Ballots
Due: March 31, 2008, 2:00 p.m.

                                         SAMPLE CONTRACT

          BOULDER COUNTY (name of service contracting for) CONTRACT
________________________________________________________________

THIS CONTRACT ("Contract") is entered into between the County of Boulder, State of Colorado, acting
by and through its Board of County Commissioners ("County") and (name of company) ("Contractor").

In consideration of the rights and obligations specified below, the County and the Contractor agree as
follows:

       1.     Incorporation into Contract: The Invitation for Bid and Bid Specifications of Boulder
County Bid No.________, together with any alterations and/or modifications to these Specifications (the
"Bid Documents"), are expressly incorporated into this Contract by this reference.

        2.      Work to be Performed:
                a) The Contractor will, in a good and workmanlike manner and at its own cost and
    expense, furnish all labor and equipment and do all work necessary and incidental to performing the
    work of printing, inserting, addressing, and mailing ballots for the **Primary and **General Election
    for Boulder County for 200**. (The contents of this paragraph and Exhibit A shall be referred to
    throughout this Contract as the “Work”) The work specifics are detailed in Exhibit A, attached
    hereto and incorporated herein.. Pursuant to Exhibit A, County shall provide ** with the
    information necessary to print the ballots for the County’s ** elections in 200**.

                 b) The parties acknowledge that ** may use ** as a subcontractor to perform some of
the work of this Contract with regard to the absentee ballots. If ** intends to use an entity other than
**, ** must first receive the County Clerk’s written consent. ** shall remain liable for any work it
subcontracts and shall ensure that ** (or any other approved sub-contractor) receives a copy of this
Contract and is aware of the contents herein; particularly, without limitation, the deadlines set forth
herein.


        3.       Term of Contract: This Contract shall begin and become effective on the date of execution
by the parties, which date is the date specified on the signature page of this Contract. Under this Contract,
the Contractor shall begin Work the execution of this Contract and shall continue through the date set fro
renewal in paragraph ** of this Contract.

       4.      Payment for Work Performed: In consideration of the Work to be performed by the
Contractor, and subject to paragraph 14, the County shall pay to the Contractor, in accordance with the
Bid Documents and this Contract (including without limitation Exhibit C), for all work performed.


                                                     18
RFP #4980-08
Preparation, Printing, Mailing of Election Ballots
Due: March 31, 2008, 2:00 p.m.

        5.   Extension and/or Renewal of Contract Term:

                a.       The County, in its sole discretion, may elect to extend the term of this Contract. In
                         the event the County elects to exercise this right, it shall send written notice to
                         Contractor, pursuant to paragraph 15, of its intent to extend the term of the
                         Contract. The notice shall set forth the length of the extension.

                b.       Upon mutual agreement by the parties, this Contract may be renewed for two
                         additional one-year periods through the Fall election in 2009, during which time this
                         Contract shall be in full force and effect, subject to the termination provisions of
                         paragraph 14. If this option to renew is exercised, the parties shall execute a
                         written agreement no later than thirty (30) days before the 2008 and 2009 election
                         day, respectively.

                c.       All of the provisions of this Contract shall remain in full force and effect during any
                         extension or renewed term except that the scope of services and compensation to
                         be paid to Contractor during any extension or renewed term shall be mutually
                         agreed upon prior to the commencement of any extension or renewed term. The
                         agreed upon scope of services and compensation shall be reduced to writing,
                         signed by both parties, and attached to this Contract.

                d.       TEN CALENDAR DAYS BEFORE THE COMMENCEMENT OF ANY
                         EXTENDED TERM THE CONTRACTOR SHALL SUBMIT TO THE
                         COUNTY PROOF OF INSURANCE AS REQUIRED IN PARAGRAPH
                         9.

                e.       Should the parties fail to agree upon the scope of services or compensation to
                         be paid to Contractor for any extension or renewed term, or should Contractor
                         fail to submit the required documents within the time period specified in
                         paragraph 5(d), then this Contract shall terminate at the end of the then current
                         term and no extension or renewal of the term of the Contract shall occur.

       6.      Quality of Performance: The Contractor shall perform the Contract in a manner satisfactory
and acceptable to the County. The County shall be the sole judge of the quality of performance.

        7.      Schedule of Work: The Contractor shall perform the Work during the hours designated by
the County so as to avoid inconvenience to the County and its personnel and interference with the County's
operations.

       8.      Indemnity: The Contractor shall be liable and responsible for any and all damages to
persons or property caused by or arising out of the actions, obligations, or omissions of the Contractor, its

                                                      19
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employees, agents, representatives or other persons acting under the Contractor's direction or control in
performing or failing to perform the Work under this Contract. The Contractor will indemnify and hold
harmless the County, its elected and appointed officials, and its employees, agents and representatives (the
"indemnified parties"), from any and all liability, claims, demands, actions, damages, losses, judgments, costs
or expenses, including but not limited to attorneys’ fees, which may be made or brought or which may result
against any of the indemnified parties as a result or on account of the actions or omissions of the Contractor,
its employees, agents or representatives, or other persons acting under the Contractor’s direction or control.
 Nothing in this indemnification agreement shall be construed in any way to be a waiver of the County's
immunity protection under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as
amended.

         9.       Insurance Requirements: The Contractor shall procure and maintain at its own expense,
and without cost to the County, the following kinds and minimum amounts of insurance for purposes of
insuring the liability risks which the Contractor has assumed until this Contract has expired or is
terminated:

                 a. Commercial General Liability. This coverage should be provided on an ISO 1998
                    Form or most current with minimum limits of $600,000.00 combined single limit for
                    each occurrence.

                 b. Automobile Liability. Minimum limits are required to be $600,000.00 for each
                    occurrence. Coverage must include:

                         -           All vehicles owned, non-owned, and hired to be used on the
                                     Contract
                         -           Personal Injury Protection where applicable

                 c. Workers' Compensation and Employer's Liability. Workers’ Compensation must
                    be maintained with the statutory limits. Employer's Liability is required for minimum
                    limits of $100,000.00 Each Accident/$500,000.00 Disease-Policy
                    Limit/$100,000.00 Disease-Each Employee.


The Contractor shall provide Certificates of Insurance to Boulder County demonstrating that the
insurance requirements have been met prior to the commencement of Work under this Contract. The
Commercial General Liability certificate shall indicate Boulder County as an ADDITIONAL
INSURED.

                                                      20
RFP #4980-08
Preparation, Printing, Mailing of Election Ballots
Due: March 31, 2008, 2:00 p.m.

The Additional Insured wording should be as follows: County of Boulder, State of Colorado, a body
corporate and politic, is named as Additional Insured.

These Certificates of Insurance shall also contain a valid provision or endorsement that these policies
may not be canceled, terminated, changed or modified without thirty (30) days written notice to the
County, pursuant to paragraph 15.

The certificate holder is:                           Pam Stonecipher
                                                     Risk Manager
                                                     Boulder County
                                                     P.O. Box 471
                                                     Boulder, CO 80306

Please forward certificates to the above certificate holder.

       10.      Nondiscrimination: The Contractor agrees to comply with the letter and spirit of the
Colorado Anti-Discrimination Act, C.R.S. § 24-34-401, et seq., as amended, and all applicable local, state
and federal laws respecting discrimination and unfair employment practices.

        11.     Nondiscrimination Provisions Binding on Subcontractors: In all solicitations by the
Contractor for any Work related to this Contract to be performed under a subcontract, either by
competitive bidding or negotiation, the Contractor shall notify each potential subcontractor of the
Contractor's obligations under this Contract, and of all pertinent regulations relative to nondiscriminationand
unfair employment practices.

         12.      Information and Reports: The Contractor will provide to authorized governmental
representatives, including those of the County, State and Federal Government, all information and reports
which they may require for any purpose authorized by law. The Contractor will permit such authorized
governmental representatives access to the Contractor's facilities, books, records, accounts, and any other
relevant sources of information. Where any information required by any such authorized government
representative is in the exclusive possession of a person other than the Contractor, then such Contractor
shall so certify to the County, and shall explain what efforts it has made to obtain the information.

        13.    Independent Contractor: The Parties recognize and agree that the Contractor is an
independent contractor for all purposes, both legal and practical, in performing services under this Contract,
and that the Contractor and its agents and employees are not agents or employees of Boulder County for
any purpose. As an independent contractor, the Contractor shall be responsible for employing and directing
such personnel and agents as it requires to perform the services purchased under this Contract, shall
                                                       21
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Preparation, Printing, Mailing of Election Ballots
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exercise complete authority over its personnel and agents, and shall be fully responsible for their actions.

Contractor acknowledges that it is not entitled to unemployment insurance benefits or workers’
compensation benefits from Boulder County, its elected officials, agents, or any program
administered or funded by Boulder County. Contractor shall be entitled to unemployment
insurance or workers’ compensation insurance only if unemployment compensation coverage or
workers’ compensation coverage is provided by Contractor, or some other entity that is not a
party to this Contract. Contractor is obligated to pay federal and state income tax on any monies
earned pursuant to this Contract.

        14.     Termination and Related Remedies:

                a.       The other provisions of this Contract notwithstanding, financial obligations of
                         Boulder County payable after the current fiscal year are contingent upon funds for
                         that purpose being appropriated, budgeted and otherwise made available. Boulder
                         County is prohibited by law from making financial commitments beyond the termof
                         its current fiscal year. The County has contracted for goods and/or services under
                         this Contract and has reason to believe that sufficient funds will be available for the
                         full term of the Contract. Where, however, for reasons beyond the control of the
                         Board of County Commissioners as the funding entity, funds are not allocated for
                         any fiscal period beyond the one in which this Contract is entered into, the County
                         shall have the right to terminate this Contract by providing seven (7) days written
                         notice to the Contractor pursuant to paragraph 15, and will be released from any
                         and all obligations hereunder. If the County terminates the Contract for this reason,
                         the County and the Contractor shall be released from all obligations to perform
                         Work and make payments hereunder, except that the County shall be required to
                         make payment for Work which has been performed by the Contractor prior to the
                         effective date of termination under this provision; and, conversely, the Contractor
                         shall be required to complete any Work for which the County has made payment
                         prior to providing written notice to the Contractor of the termination.

                b.       The preceding provisions notwithstanding, the County may terminate this
                         Contract, either in whole or in part, for any reason, whenever the County
                         determines that such termination is in the County’s best interests. Such
                         termination shall be effective after the County provides seven (7) days written
                         notice to the Contractor pursuant to paragraph 15.

                c.       In the event the County exercises either of the termination rights specified in
                                                      22
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                          paragraphs 14(a) or 14(b), this Contract shall cease to be of any further force
                          and effect, with the exception of all Contract remedies which are specified
                          herein and may otherwise be available to the parties under the law, and with the
                          exception of any rights or liabilities of the parties which may survive by virtue of
                          this Contract.

          15. Notices:             For purposes of the notices required to be provided under this Contract, all
such notices shall be in writing, and shall be either sent by Certified U.S. Mail - Return Receipt Requested,
or hand-delivered to the following representatives of the parties at the following addresses:

For the County:                            Ms. Hillary Hall
                                           Boulder County Clerk and Recorder
                                           1750 33rd Street, suite 200
                                           Boulder, CO 80301
                                           FAX: (303) 413-7706

With a copy to
                                           The Boulder County Attorney
                                           P.O. Box 471
                                           Boulder, Colorado 80302
                                           FAX: (303) 441-4794


For the Contractor:                        (enter Contractor’s name and
                                           Mailing Address)

In the event a notice is mailed pursuant to the provisions of this paragraph, the time periods specified in
paragraph 14 shall commence to run on the day the notice is postmarked.

          16.    Statutory Requirements: This Contract is subject to all statutory requirements that are or
may become applicable to counties or political subdivisions of the State of Colorado generally. Without
limiting the scope of this provision, the Contract is specifically subject to the following statutory requirement:

                 Contract payments may be withheld pursuant to C.R.S. § 38-26-107 if the County
                 receives a verified statement that the Contractor has not paid amounts due to any person
                 who has supplied labor or materials for the project.

        17.      Prohibitions on Public Contract for Services:
                                                       23
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                a.       The Contractor shall not knowingly employ or contract with an illegal alien to
                         perform work under the public contract for services; or enter into a contract with a
                         subcontractor that fails to certify to the contractor that the subcontractor shall not
                         knowingly employ or contract with an illegal alien to perform work under the public
                         contract for services.

                 b. The Contractor shall verify or attempt to verify through participation in the Basic Pilot
                       Verification program, as administered by the United States Department of
                       Homeland Security, that the Contractor does not employ any illegal aliens. If the
                       Contractor is not accepted into the Basic Pilot Verification Program prior to
                       entering into a public contract for services, the contractor shall apply to participate
                       in the Program every three months until the contractor is accepted or the public
                       contract for services has been completed, whichever is earlier. Information on the
                       Basic Pilot Verification Program can be found at:
        https://www.vis-dhs.com/EmployerRegistration/StartPage.aspx?JS=YES&AccessMethod

                c.       The Contractor shall not use the Basic Pilot Verification Program procedures to
                         undertake pre-employment screening of job applicants while the public contract for
                         services is being performed.

                d.       If the Contractor obtains actual knowledge that a         Subcontractor performing
                         work under the public contract for services knowingly employs or contracts with
                         an      illegal alien, the Contractor shall be required to:

                                   1.     Notify the Subcontractor and the County within three days that the
                                          Contractor has actual knowledge that the Subcontractor is
                                          employing or contracting with an illegal alien; and

                                   2.     Terminate the Subcontract with the Subcontractor if within three
                                          days of receiving the notice required pursuant to d.1 of this
                                          section the Subcontractor does not stop employing or contracting
                                          with the illegal alien; except that the Contractor shall not terminate
                                          the contract with the Subcontractor if during such three days the
                                          Subcontractor provides information to establish that the
                                          Subcontractor has not knowingly employed or contracted withan
                                          illegal alien.

                e.       The Contractor shall comply with any reasonable request by the Department of
                                                     24
RFP #4980-08
Preparation, Printing, Mailing of Election Ballots
Due: March 31, 2008, 2:00 p.m.

                          Labor and Employment made in the course of an investigation that the department
                          is undertaking pursuant to its authority.

       18.     Amendments: This Contract may be altered, amended or repealed only on the mutual
agreement of the County and the Contractor by a duly executed written instrument.

        19.     Assignment: This Contract shall not be assigned or subcontracted by the Contractor
without the prior written consent of the County.

        20.      Benefit to Successors and Assigns: This Contract shall be binding upon the successors and
assigns of the parties.

        21.      Governing Law: The laws of the State of Colorado shall govern the interpretation and
enforcement of this Contract. Any litigation that may arise between the parties involving the interpretationor
enforcement of the terms of this Contract shall be initiated and pursued by the parties in the Boulder Courts
of the 20th Judicial District of the State of Colorado and the applicable Colorado Appellate Courts.

        22.    Breach: Any waiver of a breach of this Contract shall not be held to be a waiver of any
other or subsequent breach of this Contract. All remedies afforded in this Contract shall be taken and
construed as cumulative, that is, in addition to every other remedy provided herein or by law.

         23.     Termination of Prior Agreements: This Contract cancels and terminates, as of its effective
date, all prior agreements between the parties relating to the services covered by this Contract, whether
written or oral or partly written and partly oral.

         24.    Severability: If any provision of this Contract is found to be invalid, illegal or unenforceable,
the validity and enforceability of the remaining provisions shall not in any way be affected or impaired
thereby.

        25.     Third Party Beneficiary: The enforcement of the terms and conditions of this Contract
and all rights of action relating to such enforcement shall be strictly reserved to the County and the
Contractor, and nothing contained in this Contract shall give or allow any claim or right of action whatsoever
by any other or third person. It is the express intent of the parties to this Contract that any person receiving
services or benefits under this Contract shall be deemed an incidental beneficiary only.

       26.    Facsimile Signatures/Counterparts Facsimile signatures shall be accepted as originals. This
Contract may be signed in counterparts.

                                                       25
                                                      DRAFT
         27. Contingency/Alternative
                    In the event the County elects to or is legally required to issue ballots without serial numbers
or bar codes , County shall so notify ** in writing and ** agrees to use its best efforts to perform this
Contract by printing ballots with perforated stubs, subject to the details set forth in this paragraph. In such
event, and to the extent possible all other aspects of this Contract shall remain the same. The major change
to the Contract in the event the County chooses to use ballots with perforated stubs will be changes in the
type and quality of the paper stock used for the ballots and the layout of the ballot. Based upon the number
of ballots required in this Contract, the cost for printing ballots with perforated stubs shall be $ *****as
described in Exhibit C. In the event that County elects to make such change on or before **, ** agrees
that it will print ballots with stubs according to the timelines set forth in Exhibit B and according to the work
specifications set forth in Exhibit A (in such case, the dates in Exhibit B will necessarily change, but ** will
provide the ballots by the final deadline for receipt as set forth in Exhibit B). If the County notifies ** of its
decision to use ballots with stubs after June 25, 2006, ** shall make a good faith effort to perform the
work, but shall be under no obligation to do so.

        28. Performance Bond
                    ** shall post a performance bond in an amount equal to 100% of the proposed price
to ensure satisfactory service within the timelines listed on Exhibit B.




IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ________________
day of ______________, ______.




                                                                       COUNTY OF BOULDER
                                                                       STATE OF COLORADO


ATTEST:_______________________                                By:______________________

          Administrative Assistant                   Chair, Board of County
          Clerk to the Board of                      Commissioners
          Commissioners
          (seal)




                                                                       CONTRACTOR:

ATTEST:______________________                                       ___________________________

                                                        26
                                                   DRAFT
        By:_____________________                           Title:___________________
        Title:__________________




(If this Contract is executed on behalf of a corporation, it must be signed by an agent duly authorized by the
corporation to execute such Contract, and if specified by the corporate by-laws, the corporate seal must be
affixed to the Agreement by the Secretary of the corporation or other authorized keeper of the corporate
seal.)

CONTRACTOR'S CERTIFICATE REGARDING EMPLOYING OR CONTRACTING
WITH AN ILLEGAL ALIEN




FROM:
     (Contractor)


TO:     Boulder County
        PO Box 471
        Boulder, CO 80306


Project Name


Bid Number                                                      Project No.


As a contractor for the above-identified bid/project, I (we) do hereby certify that, as of the date of this
certification, I (we) do not knowingly employ or contract with an illegal alien and that I (we) have
participated in or attempted to participate in the basic pilot program administered by the United States
Department of Homeland Security in order to verify that I (we) do not employ any illegal aliens.


Executed this                     day of                           , 2010.


Contractor


By:


                                                     27
                                             DRAFT


Its:
               Title

(Insert the Individual, Corporate or Partnership Certificate as appropriate)




                                                28
                                                 DRAFT



                                          Exhibit C - Pricing

                                  Official Ballot Security Paper

                                    Digitally Printed Ballots
Size              Price          Color Coding                            Add for Stub

                                      Mailing Components
        Description                           Quantity   Price                 Additional m/s

Boulder County Outgoing                          ---
Envelope, two windows, one color        printing two sides, inside security
tint, 6 1/8 x 9 1/2

Boulder County Return
Envelope, one window, one color
printing two sides, inside security
tint, 5 7/8 x 9

Secrecy Sleeves, colored paper,
closed one end, one color printing
two sides, 5.5 x 8.5

Folding Ballots                                                                                 x 11
                                                                                        8.5 x 14

        11 x 17

Data Processing, inkjet address
and two barcodes on label, sort by
precinct, hand label, hand insert,
bundle, drop at USPS. First Class
postage not included.




                                                   29

				
DOCUMENT INFO
Description: Election 2008 Sample Ballots document sample