DATE: September 10, 2024
TO: Board of Supervisors
SUBMITTED BY: James A. Kus, County Clerk/Registrar of Voters
SUBJECT: Retroactive Ballot Printing Agreement with Pro Document Solutions, Inc., dba ProVoteSolutions
RECOMMENDED ACTION(S):
TITLE
Approve and authorize the Chairman to execute an Agreement with Pro Document Solutions, Inc., dba ProVoteSolutions for ballot printing, vote by mail processing, vote by mail envelopes, and other mailer services, retroactive to August 22, 2024, not to exceed five consecutive years, which includes a three-year base contract and two optional one-year extensions, total not to exceed $8,000,000.
REPORT
There is no additional Net County Cost associated with the recommended action, which will enable the County to enter into an agreement with Pro Document Solutions, Inc., dba ProVoteSolutions (ProVote), to provide ballot printing, vote by mail processing, vote by mail envelopes, and other mailer services to the County Clerk/Registrar of Voters’ Department (Department). This item is Countywide.
ALTERNATIVE ACTION(S):
California Elections Code requires the Department to provide ballot materials to registered voters. If the recommended action is not approved, the County will not have a contractor to print ballots or provide vote by mail processing and vote by mail envelopes for elections, including the November 2024 Presidential General Election.
RETROACTIVE AGREEMENT:
The recommended action is retroactive to August 22, 2024. The Department conducted a Request for Proposal for Vote by Mail Ballot printing and Mailing Services (RFP #25-005) in August 2024, and selected ProVote as the winning bidder. To meet production deadlines associated with the November 2024 Presidential General Election the Department began working with the bidder after the tentative award was made by the Internal Services Department - Purchasing Division (ISD-Purchasing).
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended action. The maximum cost of the recommended agreement with ProVote during the initial contract period of August 22, 2024 through June 30, 2027 is $4,800,000. The maximum combined cost for the two potential 12-month renewal periods is $3,200,000. The total contract maximum for the potential five (5) year term, for the period of August 22, 2024 through June 30, 2029, is $8,000,000. A portion of these costs will be financed with offsetting revenues through the pro-rata election billing process. Sufficient appropriations and offsetting revenues are included in the County Clerk-Elections Org 28500100 FY 2024-25 Recommended Budget and will be included in subsequent budget requests.
DISCUSSION:
The California Elections Code specifies requirements for ballot printing, vote by mail processing, and vote by mail envelopes. There are currently 507,041 active registered voters living in Fresno County. Each active registered voter is provided with a vote by mail ballot or the opportunity to receive assistance at one of approximately 53 Vote Centers. In the March 2024 Consolidated Presidential Primary Election, 90% of all ballots were cast in Fresno County using a vote by mail ballot.
On July 18, 2024, the Department issued RFP No.25-005 for ballot printing. RFP notices were mailed to eight vendors. Four (4) proposals were received by ISD-Purchasing, and each response was reviewed and rated by a Bid Review Committee. The Bid Review Committee recommended ProVote for tentative award. The panel noted several strengths in ProVote’s proposal which included: extensive experience preparing election materials for California counties, in-depth descriptions of quality control and contingency plans, printing performed in California, ability to satisfy the County’s two-hour turnaround time, and competitive costs.
Approval of the recommended Agreement will allow ProVote to provide ballot printing, vote by mail processing, vote by mail envelopes, and other mailer services during the contract term, which includes the upcoming November 2024 Statewide Presidential General Election. This Agreement differs from the County’s model contract in that it contains a liquidated damages clause, requiring ProVote to pay the County $10,000 per day in liquidated damages for each day after a delivery deadline, not to exceed $100,000.
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Agreement with ProVoteSolutions
CAO ANALYST:
Ahla Yang