HomeMy WebLinkAbout2006-014
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2006-014
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Canada Post
Corporation, Ottawa, Ontario, to enter into agreement for Mail-
in Voting Services.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS
FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington and seal with the Corporation Seal, a
contract between, Canada Post Corporation, Ottawa, Ontario, and said
Corporation; and
2. THAT the contract attached hereto as Schedule "A" form part of this By-law.
By-law read a first and second time this 30th day of January, 2006.
By-law read a third time and finally passed this 30th day of January, 2006.
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Agreement
Vote by Mail
Convention
Le Vote par la poste
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CUSTOMER LEGAL NAME 1 DtNOMINATION SOCIALE :
MUNICIPALITY OF CLARlNGTON
OPERATING NAME / NOM COMMERCIAL:
PHYSICAL ADDRESS LINE 1/ ADRESSE MUNICIPALE - L1GNE 1 :
40 TEMPERANCE ST
PHYSICAL ADDRESS LINE 21 ADRESSE MUNICIPALE - L1GNE 2 :
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CITY IVILLE :
BOWMANVlLLE
COMPANY WEB SITE I SITE WEB DE L'ENTERPRISE :
WWW.
PRIME CONTACT NAME & TITLE / NOM ET TITRE DE LA PERSONNE-RESSOURCE PRINCIPALE :
PATTI BARRIE
TEl/TEL.: (905) 823-3379 X254 'AXITELEC' (905) 823-6505
'11arlJ!Arl.\~l!i>DRESs:"BM.to IADIlESSE POSTALE - FAcTURER A
MAILING ADDRESS LINE 1/ ADRESSE POSTALE - L1GNE 1 :
PROVINCE:
ON
POSTAL CODE f
CODE POSTAL: L 1C 3T3
COUNTRY I PAYS:
CANADA
LANGUAGE I LANGUE'
DEn lish/An ais DFnmchlFran is
E-MAIL ICOURRIEL:pbarrie@clarington.net
MAILING ADDRESS LINE 2 f ADRESSE POSTALE L1GNE 2 :
CITY1VlLLE: PROVINCE: POSTAL CODE I
CODE POSTAL:
ACCOUNTS PAYABLE CONTACT NAME & TITLE I NOM ET TITRE DE LA PERSONNE-RESSOURCE DES COMPTES FQURNISSEURS :
COUNTRY I pAyS:
TEL/TtL.:
FAXITtu:.C. :
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,";':,~1G~IIIi$Iilr'''MIlE'Rl!jlllulilEfloSD~CONVENTIONS
MAlL PRODUCTION AND DELIVERY / PRODUCTION ET DISTRIBUTION DU COURRIER
40831071
ADDRESSED ADMAIL / MtDIAPOSTE AVEC ADRESSE :
IINTERNATIONAL LETTER-POST I POSTE AUX LETTRES DU RtGIME INTERNATIONAl... :
OTHER / AUTRE:
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GST PST EXEMPTION NO. CHECK
EXEMPTION / 0 YES NO D'EXONtRATION DE LA TVP JURISDICTION BAS M 0 Q N N P
EXONtRATION DE LA OUI . OF EXEMPTION C B K B N CBS E
TPS
{1EI.l\Ol;llrIO~CONtl'ct INFOIUAATlON IPERSONNES-RESSOuRCESADDlTIONN~LES
TECHNICAL CONTACT f PERSONNE-RESSQURCE, SERVICES TECHNIQUES:
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TELI'TtL. :
FAX / TeLl~:C. :
E-MAIL 1 CQURRIEL .
APPLICATION CONTACT / PERSONNE-RESSOURCE, APPLICATION'
PATTI BARRIE
TEL I TEL' (805) 623-3379 X254
ADDRESS I ADRESSE : 1860 MIDLAND AVE
PROVINCE ON POSTALCODE/CODEPOSTAL M1P.5A.i
TEL/TEL.: (416) 285-7970 FAX lTeLEC. : (416) 755-9800 E_MAlL/COURRIEL: vlrglnia.cadorin@carsut.~ ,.~..
ES SALES REP / NOM DU REPReSENTANT DES SE . UZANNE DONNELLY ADDRESS f ADRESSE : 1 DUNDAS ST W
CITY I VILLE : TORONTO
PROVINCE: ON
POSTALCODEfCODEPOSTAL M5G2L5
E-MAIL I COURRIEL: Iizanne.donnelly@canadapostca
TEL/TEL.: (4i6) 204-4881
FAXITELEC.' (416) 204-4270
Confidential - Confidentiel
VBM2687 'Claringlon-20Q6.02,doc - CYL - 2006MR20
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Customer to initial receipt of each component I Le dient doit parapher pour accuser reception de chaque document.
En paraphant, Ie client recoRoait avolr re~u un exemplalre de tous Ies
documents mentlonn6s. Le Client caRvle"t que Ie present document
dQment rampll, joint a. l'Enonc4 des tTavaux et ill tous lea documents
i"dlques ci-dessous et ceux mentionnes dans lesdits documents,
con.tltue I'ensemble de 18 Convention canclu. avec la Soelit6'
canadienn. des postes pour le(s) servlce(s) indique(s) et it convlent
egalement d'Otre lie BUX dispositions desdits documents.
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By Initialing, the Customer acknowledges having received a copy of
each of the documents listed. The Customer agrees that the
completion of this document, together with the Statement of Work
and all documents Identified below and those referenced therein
constitutes the entire Agreement for the noted .ervlce(s) with Canada
Post Corporation and agrees to be bound by the provisions thereof.
Price Sheet Vote b Mail I Grille tarifaire - Le vote ar ta poste
Statement of Work SO I Enonre des travaux
Election Results Ballots Cast Form I Resuttats des elections - Bulletins de vote retoumes
The Agreement shall bind the parties from the effective date specified
until terminated in accordance with the termination provisions set out
in the terms and conditions section of the Statement of Work. Upon
written notice, as specified In Section 7 of the Statement of Work,
Canada Post Corporation may modify or discontinue services or
amend the Agreement, including prices.
La Convention lie les parties ill compter de la date d'entree en vigueur
indlquH Jusqu'. I"cheance de 18 Convention, confonnement BUX
modalites de reslllatlon enonc6es dans l'Econc6 des travaux. La
Societe canadienne des pastes peut modifier ou supprimer des
services, ou encore modifier la Convention, y compris Intarifs,i
condition d'en donner preavls ecrtt confonnement aux conditions
eneraln enonc6es dans I. section 7 de l'Enonc6 des travaux.
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re du fonde de pouvoir de Postes Canada
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Print Name & Title I Nom et titre en lettres moulees :
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VBM2687-Glarlngton-20Q6-02,doc - CYL - 2006MR20
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Canada Post
Vote by Mail Price Sheet
This Price Sheet forms part of the Agreement for Vote by Mail
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Effective Date: APRIL 01, 2006
Tennination Date: DECEMBER 31, 2006
Customer Legal Name:
MUNICIPALITY OF CLARlNGTON
Customer No. :
2258862
Agreement No. :
40831071
1# OF CONTRACT YEARS
9 Months
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CONTRACT VOLUME
VOTING KITS
Level 4
60,325
Customer AppUcatiOD Development 6491 /hour $125.00
Chan e uests etc. See Statement Of Work SOW for details
Addressed Voter kit Levell 1,000 - 4,999 I kit 2.43
Price per voter kit includes print, production and postage. Level 2 5,000 - 9,999 I kit 1.73
If the total nwnber of kit is less than 1,000, Canada Post will add a phantom
charge @ 1.95 per kit for the difference. 6490 Level 3 10,000 - 24,999 I kit 1.58
Levet4 25,000 - 99,999 I kit 1.43
Level 5 100,000+ I kit 1.33
Unaddressed (Blank) Voter kit Levell 1,000 - 4,999 I kit 1.95
Price per voter kit includes print, production. Level 2 5,000-9,999 I kit 1.25
Unaddressed Voter kits will be subject to the prevailing applicable Courier fees 8010 Level 3 10,000-24,999 I kit 1.10
Level 4 25,000-99,999 I kit 0.95
LevelS 100,000+ Ikit 0.85
., Shi in Handlio 2623 /wa bill 5,00
Acclamatioo Charge To be
Full or Partial acclamation, Canada Post will apply charges to recover the cost 6492 determined
of development and stationary.
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To qualify for the above prices, the customer must enter into the standard Canada Post agreement for Vote by Mail
services which assumes:
Maximum two sheets of 8,5" x 11" paper, printed on both sides;
Printing in Black ink;
Manual count ballot type or Scannable ballots that uses Dominion Voting System tabulating equipment approved
by Canada Post;
Three envelopes: one double-window outer mailing envelope, one single-window yellow postage paid reply
envelope, and one white Inner secrecy envelope;
If there is Full or Partial acclamation, Canada Post will apply charges to recover the cost of development'izmd
stationary (for more information refer to section 5,4 on the Statement of Work document) ,
If the total number of kit is less than 1,000, Canada Post will add a phantom charge @ 1.95 per kit, for:;)t_he-"
difference. '
Postage for Voter Turnout: The prevailing postage rate at,the time of mailing will apply for all ballots retu,r.nEkl
to the Customer as determined by the compiled statements of results, as required by the Municipal Elections Act
(all ballots including non-compliant ballots);
Prevailing courier fees in effect at the time of mailing as per the canada Postal Guide will be applied to_aU
mailings.
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VBM2687 -Clanngton-2006-02.doc - CYL - 2006MR20
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Statement of Work
For Vote bv Mail Services
This Statement of Work forms part of your Agreement for Vote by Mail services supplied
by Canada Post for the 2006 Ontario Municipal Election.
1.0 How to reach us
Contact your Canada Post Sales Representative or contact the Business Sales Centre
by telephone at 1 866747-3868. Reach Canada Post via email at
votebymail@canadapost.ca
For all notices related to the Agreement please see Notices in General Terms and
Conditions in Section 7.0 ofthis document.
2.0 Definitions
For the purposes of this document:
"Ballot Information" is any and all information to be included on the Customer's ballot(s).
This information includes but is not limited to: office open for election, names of
candidates running for such offices, and any question(s) to be included on the ballot.
"Canada Post Production Site" is one of several print locations used by Canada Post,
located across Canada.
"Mailing" is the scheduled printing of the Customer's Voter Kits at the same time at one
or more Production Sites.
"Schedule of Events" is the timetable (described in Section 6.0) to be followed by the
parties.
"Voter Kit" is comprised of the individual components described in Section 4.0. Voter
Kits can be addressed, that is they have a voter name and address in the mailing
address field; or unaddressed, that is the voter name and address field are blank.
"Voters' List" means the Voter Notification File, which contains voter information,
including, but not limited to: voter name, mailing address, ward, poll, and school support
pertinent to preparing and printing the OJstomer's Voter Kits.
Statement of Worl< - Ontario 2006
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3.0 Overview
3.1 Customer Set-up and Entry into an Agreement
In order to access the Canada Post Vote by Mail service the following documents must
be entered into by the Customer and Canada Post:
. Vote by Mail Agreement, and
. Credit Application Form or other such documentation required by Canada Post from
time to time.
Once approved, Canada Post will provide the Customer with a copy of all the required
documentation along with a Customer Number and Contract Number.
3.2 Printing
Canada Post will arrange for the Customer's Voter Kits to be prepared and printed at
one or more of the Canada Post Production Sites. The Voter Kits will be printed on
standard stationery, addressed, enveloped and then deposited into the postal delivery
system for delivery by Canada Post. Canada Post will also provide any additional
optional services as appropriately selected by the Customer under its' Agreement with
Canada Post.
The Customer agrees to provide all information, materials (including but not limited to
the Voters' List data file(s), Voter Kit Information and Ballot Information}, and approvals
required to print the Voter Kits, to Canada Post on the agreed dates and times specified
in the Schedule of Events (described in Section 6.0).
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4.0 Stationerv
The Customer must use the standard stationery, supplied by Canada Post, for the Voter
Kits. All fees associated with purchasing, inventory management, warehousing and
handling of the blank Canada Post supplied standard stationery described in this
Statement of Work are included in the price.
Customers requesting non-standard stationery must follow the Change Request Process
described in Section 5.4. Additional fees will apply.
Stationery included in the standard Voter Kit as referenced on the Price List is as
follows:
Voting Instructions and Voter Declaration Fonn:
One (1) 8 Y:Z" x 11" sheet of white paper with perforation. The perforation is located 190
mm from the top of the page.
Printing color = Black
Printed both sides (duplex)
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Ballot:
Manual Count Ballot
One (1) 8 Yo" x 11" sheet of white paper' to print one or more ballot(s) per page
Black ink
Printed one side (simplex)
DVS Scannable Ballot
One (1) 8 %" x 11" sheet of white paper' to print one or more ballot(s) per page
Black ink
Printed one side (simplex)
Envelopes:
Outer Mailing Envelope
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One (1) 4 '/2" x 9 5/8" double-window outer mailing envelope with
unique Canada Post Mail Production and Delivery Indicia. Below the
indicia "IMPORTANT - ELECTION BALLOT ENCLOSED" message pre-
printed in both English and French language
Reply envelope
One (1) 4 v." x 9" yellow, single- or double-window, postage paid reply
envelope. Above the window "Vote by Mail" message pre-printed in both
English and French languages.
Secrecy envelope
One (1) 4" x 8 %" white secrecy envelope. "Secrecy Envelope" message
preprinted at the back and "Please ensure this envelope is sealed and
contains only one completed ballot. Do not enclosed the voter declaration
for is this envelope" message pre- printed at the front of the envelope.
Note: Blank Voter Kits will include white double window outer mailing envelopes
without the Lettermail Prepaid Indicia. Customers mailing blank kits to voters will be
required to affix Letlermail postage applicable at the time of mailing
5.0 The Vote bv Mail Process
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5.1 Voters' List
In connection with the Voter Kits ordered, the Customer, directly or through the
Municipal Property Assessment Corporation (MPAC), will supply to Canada Post:'
a) The appropriate electronic Voters' List file, and
b) Passwords, if applicable.
Statement of Work - Ontario 2006
Vote by Mail- V6
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The voters list file must be sent to Canada Post's representative at Innovapost at 365
March rd., Ottawa, ON K2K 3N5
The Voters' List tile contains the voters' information, including but not limited to: voter
name, address, ward, poll, and school support. If the Voters' List is supplied in a format
other than that designated by Canada Post, the Voters' List must be re-formatted to
meet specifications acceptable to Canada Post.
Canada Post will host the Voters' List in a secure eiectronic environment. The Customer
will have the opportunity to access their Voters' List, and make amendments at the
Customer's own discretion, to the Voters' List during the timeframe in the Schedule of
Events (described in Section 6.0).
The Customer must approve the tinal Voters' List. The tinal Voters' List will be used as
Canada Post's mailing list to mail the Voter Kits. Once approved, the Customer
acknowledges that any subsequent amendments made to the Voters' List will not be
reflected in the mailing list.
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Once the Customer has approved the final Voters' List, the Customer must contirm the
exact number of addressed and unaddressed (blank) Voter Kits to be printed.
Note:
The quality and accuracy of the Voters' List is not the responsibility of Canada Post. The
quality and accuracy of the original and any amendments made to the Voters' List are
solely the responsibility of the Customer.
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5.2 Voter Kit Information
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Canada Post will provide an electronic template for the Customer to enter information to
be inserted into the Voter Kit. Information that is normally part of the Voter Kit
includes, but is not limited to municipal/election returning office name, address, logo,
and telephone number.
Customer logos meeting the requirements outlined below may be supplied to Canada
Post for inclusion on the Voter Instruction Sheet. Placement of the logo will be to the
left of the Customer's return address. The logo will be placed such that it will appear in
the return address window of the printed and enveloped Voter Kit.
Logos will be accepted in one of the follOWing file formats: TIF, BMP, GIF, or JPEG.
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Only one size of logo will be accepted: 2.5 cm high x 5 cm wide. Logos must be black
and white in color, gray scale and color logos will not be accepted. Logos must have a
minimum resolution of 300 dpi.
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5.3 Ballot Information
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Canada Post will proVide an electronic template for the Customer to enter information to
be inserted into the ballot. Using the electronic template, the Customer must supply the
Ballot Information, i.e., the offices open for election, the names of the candidates
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contesting each office, and any applicable questions to be included on the ballot. The
Customer agrees to supply this data immediately following the close of Nominations, as
specified in the MuniCipal Elections Act. The Customer must approve this listing no later
than the close of the withdrawal period as specified in the Municipal Elections Act, and
which is specified in the Schedule of Events (described in Section 6.0).
5.4 Change Requests
Any changes to the Customer's Vote by Mail Agreement will be handled through the
process outlined below. Changes may include, but are not limited to:
. Content of Voter Kits;
. Page Design Changes (a change in the layout of Voter Kits).
. Changes as a result of a full or partial acclamation
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The Customer must request a Change Request Form from their Canada Post Sales
Representative, complete the form, and return it to the Canada Post Sales
Representative.
A proposal will then be prepared for the Customer. This proposal includes an
assessment of feasibility, cost and proposed timelines relating to the proposed changes.
The Customer then reviews and, if the proposal is acceptable, approves the proposal
and retums it to the Canada Post Sales Representative.
If appropriate, a sampleltest will be performed for review by the Customer. Upon
approval, the changes will be transferred into production.
Changes as a result of acclamation:
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1. Full acclamation is considered when a Municipality cancel the entire
production of the kits due to all offices being won by acclamation and
there is no election. In this case Canada Post will charge the municipality
one hour of development charge @ $125.00 plus the stationary cost
based on the total number of kits listed on the contract document.
2. Partial acclamation is considered when a municipality has one or more
office(s) won by acclamation but the municipality still has an election for
the remaining offices. If there is a decrease in the number of kits due to
the partial acclamation, Canada Post Corporation will charge the
customer the stationary cost for the reduced number kits.
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Note:
Approval to proceed with a Change Request will be at the discretion of Canada Post:
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5.5 Voter Kit Print / Production
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Prior to proceeding with printing of Voter Kits, the Customer must provide the following
approvals and sign-off:
. Approval of Voters' List amendments and final mailing list at such time as specified in
the Schedule of Events;
. Approval of all Ballot Information at such time as the period for Nominations and
withdrawals has closed;
. Approval of the final number of Voter Kits (addressed and unaddressed) to be
printed and mailed;
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. Approval of the individual pages of the Customer's Voter Kits. Canada Post will
provide an initial copy or proof(s) of the printed Voter Kits to the Customer for review
prior to printing and mailing. One copy of the proofs will be made available in PDF
format, or such other format as previously agreed to between Canada Post and the
Customer.
The Customer is responsible to promptly ensure that the proof(s) is satisfactory in all
respects. Additional fees will apply for additional proofs requested by the Customer,
due to changes made by the Customer, or if the Customer fails to perform its
approval in a timely manner, the Customer shall pay for any additional costs incurred
by Canada Post. Any errors or omissions are the responsibility of the Customer.
Additional proofs required due to errors made by Canada Post will be provided at no
extra cost.
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Upon receiving proof approval from the Customer, Canada Post will print the Voter
Kits at one or more Production Sites.
Note:
Canada Post reserves the right to limit font sizes on Vote by Mail kits due to paper size
limitations.
5.6 Voter Kit Mailing
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Once Voter Kits have been printed, Canada Post will deposit the Voter Kits into the mail
stream at the time described in the Schedule of Events, on behalf of the Customer. The
Voter Kits will then be delivered to each recipient in accordance with Canada Post's
usual practices.
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Unaddressed (blank) Voter Kits ordered by the Customer will be sent in bulk,
unassembled, to the Customer. Unaddressed (blank) voter kits include the outer mailing
envelope, however, there will be no prepaid indicia on the envelope. The customer is
required to apply the appropriate Lettermail postage if the unaddressed, (blank), kits are
to be mailed to voters. Additional Shipping and handling fees will apply.
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5.7 Postage for Ballot Returns
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The prevailing postage rate at the time of mailing will apply to each ballot retumed to the
Customer. The number of returned ballots will be determined by the compiled
statements of results, as required by the Municipal Elections Act (Le., all ballots,
including non-compliant ballots, retumed to the Customer, either in person or by mail).
Note:
Yellow reply envelopes delivered to the Customer after the date of election (i.e.,
not included in the statements of results) will be considered short-paid mail, and
the applicable Canada Post procedures and postage rates will apply.
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The Customer will report their official election results to Canada Post using the attached
form. The form can be sent to Canada Post via e-mail using
electronic.serviceslCilcanadaoost.ca and must be received no later than 5:00 p.m.
Eastern Standard Time on Monday, December 4, 2006. Attached to this form,
Canada Post requires a copy of the original slatement showing the results of the
election. (As required by the Municipal Elections Act Sec. 55).
The original of the form and applicable attachments shall be mailed to:
MAIL PRODUCTION AND DELIVERY
CANADA POST CORPORATION
141 COLONNADE ROAD
NEPEAN ON K2E 7L9
ATT: Rachel Marion-Lebrun
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Note:
Customers not submitting official election results by 5:00 p.m. Eastern Standard
Time on Monday, December 4, 2006, will be charged the prevailing postage rate
for the entire printed volume of the Mailing including unaddressed (blank) Voter
Kits (i.e., voter turnout is assumed to be 100%).
5.8 Making Payment
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5.8.1 Pricing
The Customer agrees to pay the fees, and other charges as set forth in the Vote by Mail
Price List, included in the Agreement, plus all applicable poslage charges and applicable
taxes. Customers must meet all the requirements for Vote by Mail services as outlined in
this Statement of Work.
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Prices outlined in the Price List are based on requirements outlined on the Price List. If
the actual requirements vary from those outlined in the Price List, Canada Post may
amend the prices.
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In the event that the customer's election is fully or partially acclaimed, the Customer will
be charged fees based on the work done up to and including the date Canada Post
receives such notice form the customer, (e,g,: development and programming effort,
purchasing, inventory management and disposal of unused stationery elements)
The Customer will be charged the applicable prices for the actual number of addressed
and unaddressed (blank) Voter Kits printed. If the requested total number of kit is less
than the minimum (1,000 kits), Canada Post will charge additional fees for the difference
between the minimum (1,000 kits) and the actual order as a phantom kit production.
Canada Post will invoice the Customer. For all addressed Voter Kits mailed, the price
per kit on the contract document includes postage. For Unaddressed (blank) Voter Kits
additional oourier fees and shipping and handling fees will be applied.
The Customer agrees to pay interest on unpaid amounts at the rate of 1,5 percent per
month (18% per annum, compounded) calculated from a date that is 15 days after the
date of the applicable invoice. Canada Post may vary the interest rate by indicating a
new interest rate on its invoice. Canada Post is not obliged to extend any credit to the
Customer.
The Customer agrees to reimburse Canada Post for all costs, including legal fees and
bank charges, incurred by Canada Post in collecting late or dishonored payments in
Canadian dollars.
In the event that:
a) The Customer exceeds the approved credit limit amount or fails to fulfill the credit
terms and conditions set out abCllle, or
b) Canada Post at any time has doubt as to the Customer's ability to meet these terms
and conditions,
then Canada Post without liability to the Customer, may at its sole discretion, suspend or
terminate credit terms and require the Customer to pay for items deposited at the time of
mailing or in advance of mailing.
5.8.2 Remitting your payment
To make a remittance to your Customer accoun~ make your cheque payable to
CANADA POST CORPORATION and mail to:
COMMERCIAL REMITTANCE PROCESSING
CANADA POST CORPORATION
E0680 - 2701 RIVERSIDE DR
OTTAWA ON K1A 081
Please include your Canada Post Customer Number on all cheques to ensure your
Customer account is credited with the proper funds.
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An administration fee of $25 per occurrence will be applied on any payment that is
returned due to "Not Sufficient Funds" (NSF) or other reasons. Canada Post may
change the amount of this fee at any time upon providing notice to the Customer.
6.0 Schedule of Events
To ensure that the printing and mailing of the Voter Kits is implemented efficiently, both
Canada Post and the Customer are responsible to complete certain day-to-day activities.
Both agree to carry out these activities as established in the Schedule of Events. If a
problem is anticipated that may impact a timeline being met or create a delay, the party
with the problem or delay will promptly notify the other party through the respective
contacts.
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The Customer agrees that failure to meet any of the below timelines may jeopardize the
timeliness of the printing and mailing of Voter Kits. Late or missing materials may
require that the production be re-scheduled for the next available production window.
Rescheduling may result in additional fees, and possibly failure to meet timelines.
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Statement of Work - Ontario 2006
Vote by Mail- V6
9 of 13
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The parties agree to the following Schedule of Events:
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Date Milestone
July 31,2006 The Customer must directly, or through MPAC, supply the
Voters' List to Canada Post.
June 2 - July 31 , 2006 Canada Post will provide to the Customer:
. A list of appropriate Canada Post contacts;
. User instructions for participation in the Vote by Mail
oroaram.
Aunust 18, 2006 Lono files from each Municinalitv must be received.
September 29, 2006 The Voters' List must be finalized and apprOl/ed by the Customer
bv 5:00 a.m. Eastern Standard Time.
October 5, 2006 The Customer must provide all Ballot Information to Canada Post
bv 5:30 a.m. Eastern Standard Time.
October 5, 2006 The Customer must approve proof(s) of the Voter Kits for final
printing ofthe Customer's Voter Kits by 5:00 p.m. Eastern
Standard lime.
October 5, 2006 The Customer must approve the final number of addressed and
unaddressed (blank) Voter Kits that Canada Post will print and
mail bv 5:00 D.m. Eastern Standard Time.
October 5 - 20, 2006 Unaddressed (blank) Voter Kits will be prepared and shipped to
the Customer's mailino address.
October 16 - 20, 2006 All addressed Voter Kits will be deposited in the mail for delivery
bv Canada Post.
.
December 4, 2006 The Customer must report their official election results to Canada
Post for the purposes of billing postage on ballots returned to the
Customer by 5:00 p.m. Eastern Standard Time.
Note:
Customers not submitting official election results by 5:00
p.m. Eastern Standard Time on Monday, December 4, 2006,
will be charged the prevailing postage rate for the entire .
printed v~ll~me of the Mailing including unaddressed (blank)
Voter Kits i.e., voter turnout is assumed to be 100%
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Statement of Walk - Ontario 2006
Vote by Mail- V6
10 of 13
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7.0 General Terms and Conditions
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All references to the Agreement shall be deemed to include the Vote by Mail Statement
of Work, the Vote by Mail Price List, Election Results - Ballots Cast Form and the Credit
Application form, if applicable.
ALTERATIONS: Except as set out in the Waiver section below, no agent or
representative of either party to the Agreement has authority to alter the provisions of the
Agreement, and any such purported alteration shall not be binding.
AMENDMENT: Canada Post reserves the right to modify, discontinue services or
otherwise amend the Agreement by giving the Customer thirty (30) calendar days written
notice; however, Canada Post reserves the right to amend the Schedule of Events upon
two (2) days notice to the CUstomer.
ASSIGNMENT: The Customer shall not assign the Agreement (whether as a result of
an amalgamation, merger or otherwise) without the prior written consent of Canada
Post, and any such purported assignment without such prior consent is void< Canada
Post may assign the benefits of the Agreement or make any arrangements that would
result in the performance, in whole or in part, of the obligations of Canada Post under
the Agreement by a person other than Canada Post.
CONFIDENTIALITY AND SECURITY: Canada Post has policies and procedures in
place to protect the confidential information that it handles. Canada Post is subject to
the federal Privacy Act and the Canada Post Corporation Act Any third parties that are
involved in handling sensitive and/or confidential information are required to agree to
appropriate contractual provisions<
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COPYRIGHT AND OWNERSHIP: The Customer acknowledges Canada Post has and
retains all rights to work created under this Agreement including, but not limited to
electronic overlays and is protected by copyright and other law and may not be
reproduced, modified or used by the Customer without the express written permission of
Canada Post<
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CRITERIA FOR QUALIFICATION: All items must comply with the requirements set out
in the Agreement and all documents referenced herein and the Canada Post
Corporation Act and Regulations, all as may be amended from time to time. Items not
complying with these requirements may not be mailed under the Agreement. Canada
Post retains the right to refuse, to accept any item that it, in its sole discretion, deems
unacceptable<
CURRENCY: Unless expressly noted to the contrary, all monetary amounts are stated
and shall be paid in Canadian currency< A
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EXCUSABLE DELAY: Except for the Customer's payment obligations, neither party
shall be liable for delays or inability to perform due to causes outside of its reasonable
control, induding but not limited to, acts of God, or labour disruptions.
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Statement of Walk - Ontario 2006
Vote by Mail- V6
11 of 13
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GOVERNING LAW: If the Customer's address is not in a Canadian province or territory,
the Agreement will be govemed by, and interpreted under, the laws in force in the
province of Ontario, Canada.
LANGUAGE: It is the express wish of the parties that this Agreement, as well as all
related documents, be written in the English language. Les parties ont demande
expressement que la presente ainsi que tout document afferent soient rediges en
anglais.
LIMITATION OF LIABILITY: Without limiting the application of Section 40(1) of the
Canada Post Corporation Act and Regulations thereunder, Canada Post's liability to the
Customer for any claim, demand or cause of action whatsoever for any losses or
damages arising out of, connected with, or resulting from this Agreement will not exceed
the aggregate of the fees paid hereunder in respect of a particular Mailing to which the
loss or damage relate. In no event will Canada Post be liable for:
(a) Any indirect, special, incidental or consequential damages, even if Canada Post has
been advised of the possibility thereof or
(b) Any damages caused by an Act of God or other causes beyond Canada Post's
reasonable control including without limitation, any mechanical, electronic or
communications failure including any system failure of any type and for any reason,
prerequisite work by others, or, strikes or
(c) Any claims by any third parties.
METHOD OF PAYMENT: The Customer agrees to pay for the services provided under
the Agreement in accordance with the payment method offered by Canada Post in
connection with such service. See in particular the section in the Statement of Work,
Making Payment, and the terms and conditions contained on the Credit Application form,
if applicable.
NOTICES: Any notice given by either party shall be in writing and delivered personally,
by Registered Mail, by Priority Courier with signature or by Xpresspost with signature.
Notice sent by Registered Mail shall be deemed received four (4) business daysafler
mailing, except that no Saturday, Sunday or statutory holiday will be considered a
business day. Weekends and statutory holiday deposits will count as originating on the
following business day. Notices shall be sent to Canada Post at:
CONTRACT MONITORING
CANADA POST CORPORATION
E0680 - 2701 RIVERSIDE DR OTTAWA ON K1A 081
Canada Post will send notices to the Customer's general contact at the Customer's
mailing address, identified in the Agreement.
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PRICES: The Customer agrees to pay the prices and fees set out in the Vote by Mail
Price List together with all applicable taxes.
SURVIVAL: The termination or expiry of the Agreement shall not affect the survival and
enforceability of any provision of the Agreement which is expressly or impliedly intended
to remain in force after such termination or expiry.
Statement of Work - Ontario 2006
Vote by Mail- V6
12 of 13
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TERMINATION: Either the Customer or Canada Post may terminate the Agreement at
any time, without cause, by giving thirty (30) calendar days notice in writing to the other.
Canada Post may immediately terminate the Agreement upon written notice to the
Customer if:
a) the Customer ceases to carry on business;
b) the Customer becomes bankrupt or insolvent, or files any proposal or makes any
assignments for the benefits of creditors:
c) a receiver, trustee or other person with like powers is appointed for any of the affairs
or property of the Customer;
d) an order is made for the winding-up or liquidation of the Customer;
e) the Customer makes a sale in bulk of all or substantially all of its assets; or
f) the Customer continues to be in default of any of its material obligations for thirty (30)
days after being provided with notice of the default and not having remedied the
default within the thirty (30) day period.
Termination of the Agreement shall be without prejudice to any rights of the Customer or
Canada Post that have arerued prior to the date of termination.
Neither party shall have a right to damages as result oftermination ofthe Agreement.
VERIFICATION: The Customer is responsible to examine each Statement of Account
and Invoice I Transaction Records. Unless the Customer has notified Canada Post in
writing within 30 days of any errors in the Statement of Account or the Invoice I
Transaction Records, then they will be deemed to be complete and correct.
WAIVER: Except as specifically stated in the Agreement, no amendment, waiver or
termination of the Agreement shall be binding unless executed in writing by the
appropriate party's authorized representative. No waiver of any provision of the
Agreement shall constitute a continuing waiver unless otherwise expressly provided.
Priority Courier, Xpresspost and Lettermail are trademarks of Canada Post Corporation.
Statement of \M)fk - Ontario 2006
Vote by Mail- V6
130f 13
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1'05"" '____/ CArJADA
Completed form must be emailedto:electronic.services@canadapost.ca
Questions? Call 1 613734-1848
From anywhere... DeparrouL.
to anyone jusqu'l1 valIS
Vote by Mail
Election Results - Ballots Cast
This reDort forms Dart of vour Aareement for Vote bv Mail.
CUSTOMER LEGAL NAME: CUSTOMER NO. : AGREEMENT NO. :
PRIME CONTACT NAME & TITLE I NOM ET TITRE DE LA PERSONNE- LANGUAGE I LANGUE:
RESSOURCE PRINCIPALE :
D ENGLISH I ANGLAIS
D FRENCH I FRAN<;:AIS
TEL I TEL. : FAX I TELEC. : E-MAIL I COURRIEL :
TOTAL NUMBER OF BALLOTS RECEIVED BY CUSTOMER:
The Customer warrants that the information contained on this form is accurate. This total reflects the
official election results, as determined by the compiled statements of results as required by the Municipal
Elections Act (all ballots, including non-compliant ballots).
AUTHORIZED SIGNATURE: NAME (PLEASE PRINT CLEARLY):
---
TITLE: DATE:
Note:
The Customer must report their official election results to Canada Post for the purposes of billing posll3ge
on ballots returned to the Customer by December 4th, 5:00 p.m. Eastern Standard Time by completing this
form. The completed form must be emailed to Canada Post using electronic.servicestlilcanadaoost.ca
email address. Attached to this form, Canada Post requires a copy of the original statement showing the
results of the election. (As required by the Municipal Elections Act Sec. 55).
The original of the form and applicable attachments shall be mailed to:
MAIL PRODUCTION AND DELIVERY
CANADA POST CORPORATION
141 COLONNADE RD STN 840
NEPEAN ON K2E 7L9
ik.
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ATT: RACHEL MARION-LEBRUN
If this report is not received by the above-mentioned date, Canada Post will charge the prevailing postage rat~
for the entire printed volume of the Mailing including unaddressed (blank) Voter Kits. (I.e., voter turnout iSf
assumed to be 100%.) -I
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