DATE: November 28, 2023
TO: Board of Supervisors
SUBMITTED BY: James A. Kus, County Clerk/Registrar of Voters
SUBJECT: Agreement with Toppan Merrill, LLC
RECOMMENDED ACTION(S):
TITLE
Approve and authorize the Chairman to execute an Agreement with Toppan Merrill, LLC, for the procurement of County Voter Information Guides and elections translations, effective upon execution, not to exceed five consecutive years, which includes a three-year base contract and two optional one-year extensions, total not to exceed $8,750,000.
REPORT
There is no additional Net County Cost associated with the recommended action, which will enable the County to enter into an agreement with Toppan Merrill, LLC (Toppan Merrill), to provide County Voter Information Guides and elections related translations. This item is countywide.
ALTERNATIVE ACTION(S):
If your Board does not approve the recommended action, the County will be in jeopardy of not being able to provide legally required election materials for the March 2024 Presidential Primary.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended action. The maximum cost of the recommended agreement with Toppan Merrill during the initial contract period of November 28, 2023 through June 30, 2026 is $5,250,000. The maximum cost for each of the two potential 12-month renewal periods is $1,750,000. The total contract maximum for the potential five (5) year term, for the period of November 28, 2023 through June 30, 2028, is $8,750,000. 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 2023-24 Adopted budget and will be included in subsequent budget requests.
DISCUSSION:
California Elections Code §13300 requires that a voter specific County Voter Information Guide (CVIG) booklet be sent to each eligible, registered voter prior to Election Day. These booklets include descriptions of contests and local ballot measures, facsimiles of ballots, statements provided by candidates, impartial analysis of measures, arguments for and against measures, the actual text of each measure, voting instructions, vote center and ballot drop box locations and other helpful information. The Department provides the content for the CVIG while the vendor formats the text, prints the booklets, and provides translation services for the CVIG and other publications.
On August 18, 2023, the Department issued RFP No. 24-004 for qualified vendors to provide County Voter Information Guide (CVIG) booklets and translations as mandated by California Elections Code. RFP notices were mailed to nine vendors. Three (3) proposals were received by the Internal Services Department - Purchasing Division, and each response was reviewed and rated by a Bid Review Committee. The review committee recommended Toppan Merrill for funding. The panel noted several strengths in Toppan Merrill’s proposal which included detailed and responsive information for all scope of work requirements, high quality sample materials and references, and the use of internal translation staff for enhanced responsiveness and quality control.
Approval of the recommended Agreement will allow Toppan Merrill to provide CVIG booklets and elections related translation during the contract term, which includes the upcoming 2024 Statewide Presidential Primary and General Elections.
This Agreement differs from the County’s model contract in that it contains a liquidated damages clause. The Department has determined that the highly regimented statutory deadlines and requirements inherent in this Agreement support the inclusion of this clause.
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Agreement with Toppan Merrill, LLC
CAO ANALYST:
Ahla Yang