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Home My WebLink About26003COUNTY OF FRESNO CON1RACT EXTRACT PURCHASING DATE: 6/2/2010 THIS EXTRACT IS FOR REFERENCE AND INFORMA TlONAL PURPOSES ONL Y. ALL BUSINESS AND MANAGEMENT DECISIONS MUST • BE GOVERNED BY THE UNDERL YING CONTRACT. ANY QUESTIONS MUST INCLUDE THE CONTRACT NUMBER AND BE ADDRESSED1I11A~f:• TO THE COUNTY'S PURCHASING OFFICE AT 45~7110. CONTRACT NUMBER: P.10.091.L CONTRACT TITLE: CONTRACT PERIOD: USING AGENCIES: TERMS: DELIVERY TERMS: DELIVERY TIME: BUYER: CONTRACT VALUE: LOCATION: 2010 Census Marketing and Outreach Services 3/9/2010 thru 6/30/2010 •MAY INCLUDE MULTIPLE YEARS Department of Social Services Net 45 Days Destination L --Carolyn Flores $1,500.00 Maximum Dept of Social Services VENDOR NUMBER: NAME I ADDRESS: REPRESENTATIVE: TELEPHONE: FAX: E-MAIL: 0000006770 City of Sanger 1700 7th St. Sanger, CA 93657 Barbara Mergan (559) 876-6300 x 1350 (559) 876-6319 bmergan@ci.sanger.ca.us BOARD/GROUP/STATE CONTRACT NO: REQUISITION NO'S: 5611001258 !1INew o Cancellation o Renewal Irl Short Term o Adjustment o Evergreen o AddOn o Kill Org: 56107001 Supersedes Reference: Tic Date: 0 Code: 444 REPORTS: None COMMODITIES, SERVICES OR MAINTENANCE COVERED UNDER THIS ACTION: Funds for the promotion, outreach and marketing activities for the 2010 census campaign for hard-to-count populations. i SPECIAL CONDITIONS FOR USE: $1500.00 must be expended by April 30, 2010. Submit County invoices for services by May 30, 2010. At no time shall funds be used to secure property, computer hardware or software, copy machines, furniture or any other non-consumable products. 'Short-Term Contract -No Renewal Clause in Agreement. DISTRIBUTION CONTRACT FILE: BUYER: VENDOR: AUDITOR: DEPARTMENT: Dept. of Social Svcs. REQUISITIONER: Rebecca Vue saw P-10-D91-L AccessReport REQUESTED/BY/DATE ~ ~ ~ DEPT D ~ ~ Extract Page 1 of 1 ADDITIONAL DISTRIBUTION r-RECEIVEO PU~CHASINGOEPT:"' I 0 JUN -2 PM I: 22 I PROCUREMENT AGREEMENT IAgreement Number: P-10-091-L MarcH 1,2010 I Sanger CA 93657 I I "~'V'\«'('"The County of Fresno (County) hereby contracts with i'il:;;IfiiiSanger (Contractor) for 2010 Census Marketing and Outreach Services in accordance with Attachment A, attached, and by this reference made a part hereof. I TERM: This Agreement shall become effective on March 9, 2010 and shall remain in effect through June 30, 2010. I CONTRACTOR'S SERVICES: Contractor shall perform the services as described in Attachment I "A" attached, at the rates set forth in Attachment "A". i ADDITIONAL ITEMS: The County reserves the right to negotiate additional items to this Agreement as deemed necessary. Such additions shall be made in writing and signed by both •I partIes. I DEFAULT: In case of default by Contractor, the County may procure the articles from another source and may recover the loss occasioned thereby from any unpaid balance due the Contractor or by any other legal means available to the County. The prices paid by County shall be considered the prevailing market price at t~e time such purchase is made. Inspection of deliveries or offers for delivery, which do not m 'eet specifications, will be at the expense of Contractor. l INVOICING: An itemized invoice in duplicate shall be mailed to requesting County department in accordance with invoicing instructions included in each order referencing this Agreement. The Agreement number must appear on all shippi~g documents and invoices. Invoice terms shall be Net 45 Days. I MAXIMUM: In no event shall services performed and/or fees paid under this Agreement be in excess of Fifteen Hundred Dollars ($1,500). this amount must be expended by April 30, 2010. TERMINATION: The County reserves the rig~t to immediately terminate this Agreement upon written notice to the Contractor. In the event qf such termination, the Contractor shall be paid for salisfactory services or supplies provided to lr dale of lennination. LAWS AND REGULATIONS: The Contractor s~all comply with all laws, rules and regulations whether they be Federal, State or municipal, w~ich may be applicable to Contractor's business, equipment and personnel engaged in service covered by this Agreement. AUDITS: Contractor shall, as required by law, Jdinance, code or decree permit the County to audit and inspect all such records and data pertaining to this Agreement and at all reasonable times be open to inspection by authorized repre'sentatives of the County. I LIABILITY: The Contractor agrees to: I Pay all claims for damage to property in any manner arising from Contractor's operations under this Agreement. I Indemnify, save and hold harmless, and at Courty's request defend the County, its officers, agents and employees from any and all claims for damage or other liability, including costs, expenses, causes of action, claims or judgments resulting out of or in any way connected with Contractor's performance or failure to perform by Contractor, its agents, officers or employees under this Agreement. I INSURANCE: Without limiting the County's right to obtain ind~mnification from Contractor or any third parties, Contractor, at its sole expense, shall maintain in full force and effect the following insurance I policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA): throughout the term of this Agreement: A. Commercial General Liability Commercial General Liability Insuranceiwith limits of not less than One Million Dollars ($1,000,000.00) per occurrence and an iannual aggregate of Two Million Dollars ($2,000,000.00). This policy shall be issued on a per occurrence basis. County may require specific coverage including com'pleted operations, product liability, contractual liability, Explosion-Collapse-Undergrou~d, fire legal liability or any other liability insurance deemed necessary because of the nature of the contract. B. Automobile Liabilit~ Comprehensive Automobile Liability Ins'urance with limits for bodily injury of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five Hundred Thousand Dollars ($500,000.00) per accident and 'for property damages of not less than Fifty Thousand Dollars ($50,000.00), or suc~ coverage with a combined single limit of Five Hundred Thousand Dollars ($500,000.00). Coverage should include owned and non owned vehicles used in connection wit~ this Agreement. I C. Professional Liability If Contractor employs licensed professio,nal staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate. D. Worker's Compensation A policy of Worker's Compensation insurance as may be required by the California Labor Code. I Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations und~r this Agreement are concerned. Such coverage for additional insured shall apply as p:rimary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees shall be excess only and not contributing with insurance provided u~der Contractor's policies herein. This insurance shall not be cancelled or changed without a mini'imum of thirty (30) days advance written notice given to County. Within Thirty (30) days from the date Contractor executes this Agreement, Contractor shall provide certificates of insurance and endorsem'ent as stated above for all of the foregoing, policies, as required herein, to the County of F~esno, Department of Social Services, 4499 E. Kings Canyon, Fresno, California, 93702-3604J Attention: Staff Analyst, stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance n~mes the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insu~ance, or self-insurance, maintained by County, its officers, agents and employees, shall be excess only and not contributing with insurance provided under Contractor's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days !advance, written notice given to County. I In the event Contractor fails to keep in effect at all times insurance coverage as herein provided,, the County may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. I . All policies shall be with admitted insurers licensed to do business in the State of California. Insurance pt,lrchased shall be purchased from 'companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. I INDEPENDENT CONTRACTOR: In pertormal)ce of the work, duties and obligations assumed by Contractor under this Agreement, it is mutually understood and agreed that Contractor,, including any and all of Contractor's officers, agents, and employees will at all times be acting . i I and performing as an independent contractor, ard shall act in an independent capacity and not as an officer, agent, servant, employee, joint ve,",turer, partner, or associate of the County. Furthermore, County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and ~unction. However, County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions therebf. Contractor and County shall comply with all applicable provisions of law and the rules and r~gulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. I Because of its status as an independent contrabtor,Contractor shall have absolutely no right to employment rights and benefits available to Co~nty employees. Contractor shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, Contractor may be providing services to others unrelated to the County or to this Agreement. I NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the written consent of the other party. I AMENDMENTS: This Agreement constitutes the entire Agreement between the Contractor and I the County with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, Request for Proposals, Bids and understandings of any nature whatsoever unless expressly included in this Agreement. This Agreement supersedes any and all terms set forth in Contractor's invoice. This Agreement may be amended only by written addendum signed 'by both parties. I INCONSISTENCIES: In the event of any inconsistency in interpreting the documents which constitute this Agreement, the inconsistency shall be resolved by giving precedence in the following order of priority: (1) the text of this Agreement (excluding Attachment "A") and (2) Attachment "A." ! GOVERNING LAWS: This Agreement shall b~ construed, interpreted and enforced under the laws of the State of California. Venue for any action shall only be in County of Fresno. I Please acknowledge your acceptance by returning all pages of the signed original of this Agreement to my office, retaining a copy for ydur files. I I 1 ",. , / 'I! ! , ( " . ( Please refer any inquiries in this matter to __--+-, at (559) 456 7110 or FAX at (559) 456-7831. FO:~TY OF FRESNO Jo~rrette County Administrative Officer 2281 Tulare Street, Room 304 Fresno, CA 93721 Date: 5/10/ I V AKA: =EMENTSICErusAGREEMENT-CITIES.DOC 7'!'.",':~~! C[~ cf_'..;;;.0:::.J,{..:I..101-.0.11...('+)e~-\C.I....-..--i- _ rn~~~lt"Qj1~E!!I)Ni' ' o ~,rdT\llfJj~1 o urnm~:i!I~QjJltY.~:ii~riY o ~t?l~!Ri~lf!eiit'~mp, o ~lmif~1I!!16ilil9!Ejflftliffrup l1m'E,J. ..I o ~~~lmliei~rn~!p o ~.'.;1l"1mat"on.··•.· -~?/j!bI.>r\V{~L\q1/J 1 .~ (.~ 't' I " •• II ~ iJlt~. ~iR .irl~~i~':i)() \( I'«~) .M~J(('· Vi ? \Y _hI) \£ '-(:J{JJ \ V,i Ct ,Sill lcr ~. ,ell.., Ll S g.~••§~ Accounting Use Only ORG No.: 56107001 Account No.: 7870 Requisition No.: 5611001258 (05/07) APPROVED AS TO LEGAL FORM: KEVIN BRIGGS, COUNTY COUNSEL BY~ APPROVED AS TO ACCOUNTING FORM: VICKI CROW, C.P.A., AUDITOR-CONTROLLER/ TREASURER-TAX COLLECTOR By: Qek ~ REVIEWED AND RECOMMENDED FOR APPROVAL Catherine A. Huerta, Director Department of Social Services Fund: 0001/10000 Organization: 56107001 Account/Program: 7870 ORGANIZATION: ADDRESS: TELEPHONE: CONTACT PERSON: CONTRACT PERIOD: CONTRACT AMOUNT: ATTACHMENT "A" I I SUMMARY OF SERVICES 2010 Census Marketing and Outreach City of Sanger 1700 7th St, Sanger fA 93657 559 876-6300 x1350 I Barbara Mergan I IMarch 9, 2010 through June 30, 2010 $1,500 I SUMMARY OF SERVICES: Fresno County i has been identified by the State of California Complete Count Committee as one of thirteen, hard-to-count counties with relation to the 2010 Census. As a result, the State has allocated funding for the County to promote the 2010 Census campaign to hard-to-count populations identified as African Americans, Latinos, Asian/Pacific Islanders, Native Americans, children up to grade twelve and the homeless. The County will allocate $1,500 to each of the participating cities. These funds may be spent on promotion, outreach, and marketing activities necessary t~ increase participation in the 2010 Census which support, but do not duplicate U.S. Census and California Complete Count Campaign and local complete count efforts. The County will provide oversight and monitor all city outreach programs. i GOALS: I • Motivate hard-to-count populations to participate in the 2010 Census by educating the community on the benefits of a full count. • Reducing any fears of participating in the 2010 Census by serving as trustedII messengers. • Increase the mail return rates of households by providing accessible information and assistance through the enumeration process. i CITIES SHALL PROVIDE THE FOLLOWING SERVICES: A. Provide County approved outreachl and marketing services for hard-to-count populations. I B. Comply with the terms and conditions required of the County through the County's Agreement with the Governor's Office of Planning and Research (Agreement No. OPR09107). I I I I I C. Coordinate with U.S. Census Bureau staff to disseminate Census flyers and posters at all incorporated city reception sites. I D. Post Census information on city websites. E. Participate in County Complete Count C:ommittee meetings. F. Coordinate and/or participate in an event to coincide with statewide Be Californian. Be Counted Day on March 20, 2010. I G. All goods and services purchased with allocated funds shall not have a useful life beyond the scope and time frame of th~ 2010 Census. Therefore, at no time shall funds be used to secure property, computer hardware or software, copy machines, furniture or any other non-consumable products. I H. Expend County grant funds by April 30, '2010. I. Submit County invoice for services by May 30, 2010. J. Discuss with County staff as often as! needed for service coordination, problemlissue resolution, information sharing, and review and monitoring of services. I COUNTY SHALL BE RESPONSIBLE FOR THE FOLLOWING: I A. Provide Census-related information and updates for outreach and marketing services. B. Schedule and facilitate County Complete Count Committee meetings. I C. Discuss with City staff as often as needed for service coordination, problem/issue resolution, information sharing, and review and monitoring of services. I