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HomeMy WebLinkAboutAgreement A-21-372 with Secretary of State.pdfSCO ID: 0890-21S10051 STATE OF CALIFORNIA -DEPARTMENT OF GENERAL SERVICES .-------------~--A_g_re_e_m_en_t_N_o_._2_1_-3_7_2 ___ ~ STAND AR D AGRE EMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (If Applicable) STD 213 (Re v. 04/2020) 21 S 1 0051 SOS-0890 1. This Agreement is entered into between the Contracting Agency and the Contractor named below: CONTRACTING AGENCY NAME Secretary of State CONTRACTOR NAME Fresno County 2. The term of this Agreement is: START DATE July 1, 2021 or upon approval by Dept. of General Services, if required, whichever is later THROUGH END DATE October 30, 2021 3. The maximum amount of this Agreement is: $80,471.77; Eighty Thousand Four Hundred Seventy One Dollars and Seventy Seven Cents 4 . The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement. Exhibits Title Exhibit A Scope of Work Exhibit B Budget Detail and Payment Provisions Exhibit C General Terms and Conditions + -Exhibit D Special Terms and Conditions (Attached hereto as part of this Agreement) - + -Exhibit E Additional Provisions - + -Exhibit F Co unty Resolution - Items shown with an asterisk(*), are hereby incorporated by reference and made part of this agreement as if attached hereto . These documents can be viewed at https./lwww.dgs .ca .gov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO. CONTRA CT OR CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) Fresno County CONTRACTOR BUSINESS ADDRESS 2221 Kern Street ATTEST: BERNICE E . SEIDEL Clerk of the Bo ard of Supervisors Coun of Fres ~o , State of California CITY Fresno TITLE STATE CA Pages 3 pages 1 pages GTC 04/2017 1 pages 2 pages pages ZIP 93721 PR INTED NAME OF PERSON SIGNING Steve Brandau Chairman , Fresno County Board of Supervisors CO NTRACTOR AUTHOR IZED DATE SIGNED Page 1 of 2 Sep 29 2021 PD-bb Fresno County 21S10051 Page 1 of 3 Exhibit A (Standard Agreement) SCOPE OF WORK The purpose of this Agreement is to provide the County of Fresno with reimbursement of funds used to provide outreach and education services to voters as part of the Voter’s Choice Act (VCA) implementation plan. 1) General Uses Any funds received shall be used by Fresno County for reimbursement of expenses related to implementation of the VCA incurred after July 1, 2021, and prior to September 15, 2021, for one or more of the following purposes, except as otherwise provided below: a)Advertisement, Printing, Translation, and Design of Education and Outreach Materials. i) Development, production, translation, and transcription into Braille, audio, or CD/DVD format, of materials to be printed or posted online to educate or inform voters concerning the VCA; ii) Development of translations into languages mandated by Elections Code Section 14201, and/or section 201 of the Federal Voting Rights Act; iii) Procurement of services to assist voters with language needs at vote centers and through the toll-free hotline; iv) Development of a website to educate voters on the VCA; v) Public advertising of information on the VCA, including advertising on social media, newspapers, television, and radio; vi) Mailers to disseminate information to registered voters on the VCA; vii) Printing of education materials such as flyers and posters; viii)Translation of advertisements, mailers and education materials related to the VCA; ix) Development of accessible advertisements, mailers and education and outreach materials related to the VCA; x) Contracting services for Voter’s Choice Act related education and outreach activities when the following requirements are fulfilled: (1) The service provider shall deliver itemized invoices to the county elections official that outline the cost of each item, and the date when each service was completed. (2) Services provided by this vendor shall only be related to Voter’s Choice Act education and outreach activities. 2) Expenditure Guidelines Claims for reimbursement by the county must be submitted no later than January 29, 2022. Fresno County 21S10051 Page 2 of 3 Exhibit A (Standard Agreement) The Secretary of State shall establish the criteria and processes for submitting claims under this Program. Such criteria shall include requirements that all claims: (1) Contain a face sheet that summarizes each expenditure. (2) Include the Agreement Number; (3) Include the total amount of the claim; (4) Include a copy of the contract with the contractor if the contractor’s invoice does not describe the activities undertaken in such a manner that the State can determine whether the activities comply with the provisions of this Agreement. 3) Items not Reimbursable The following is a partial list of items that are not reimbursable. This list is not inclusive of all items that are not reimbursable. The list is provided only for the purpose of providing guidance. The Secretary of State shall be the sole determiner of whether an expenditure is reimbursable or not. a) Catering, food, or beverages. b) General purpose equipment, including but not limited to, office equipment and furnishings, modular furniture, and component parts that are not for the explicit use of facilitating electronic connections as defined and reproduction and printing equipment that is not a component of a voting system, ballot on demand system, or electronic poll book system. c) Facility rental unless this is for the siting of vote centers. d) General office supplies. e) Gas (except travel reimbursements). f) Parking fees (unless travel reimbursements). g) Gifts, tags, pins, buttons, shirts, or other promotional items for poll workers. h) Invitations. i) The cost of purchasing any real property. j) Light bulbs. k) Staff salaries of County employees not conducting one of the activities allowable. 4) Funding The allotted contract amount shall not exceed a total contract budget of $80,471.77 . State funding can only be used for outreach activities as allowed in Section 1) – General Uses above. Upon request, county agrees to provide the Secretary of State with a summary report on its activities under this agreement following each election for which funds are expended that includes: the method used to determine the need for funding an eligible activity, including the reliance on an advisory committee or advisory groups, surveys or any other methodology used to assess the need for the eligible activity; the activity performed and funded; the amount of funding expended; the category or categories of need being met; and any performance metric or assessment of the quality of the activity, including Fresno County 21S10051 Page 3 of 3 Exhibit A (Standard Agreement) unsolicited public comment, advisory committee or advisory group comment, public comment solicited through surveys and on-site assessments conducted by the County, its agents or others. 5) Program Representative The Secretary of State Program Representative during the term of Agreement will be: Alicia Albornoz aalbornoz@sos.ca.gov 916-594-8948 Fresno County 21S10051 Page 1 of 1 Exhibit B (Standard Agreement) BUDGET DETAIL AND PAYMENT PROVISIONS 1.Invoicing A.For services satisfactorily rendered and upon receipt and approval of the invoices submitted with supporting claim documentation, as needed, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the information specified herein. B. Invoices shall include the Agreement Number and shall be submitted in triplicate not more frequently than monthly in arrears to: Secretary of State Attn: Accounts Payable P O Box 944260 Sacramento, CA 94244-2600 Or AccountsPayable@sos.ca.gov 2.Budget Contingency Clause A.It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State or offer an agreement amendment to Contractor to reflect the reduced amount. 3.Prompt Payment Clause Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. Fresno County 21S10051 Page 1 of 1 Exhibit C (Standard Agreement) PLEASE NOTE: This page will not be included with the final agreement. The General Terms and Conditions (GTC 04/2017) will be included in the agreement by reference to Internet site: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal- Services-Resources-List-Folder/Standard-Contract-Language. Fresno County 21S10051 Page 1 of 1 Exhibit D (Standard Agreement) SPECIAL TERMS AND CONDITIONS 1.County warrants by execution of Agreement, that no person or selling agency has been employed or retained to solicit or secure this contract upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by County for the purpose of securing business. For breach or violation of this warranty, the State shall, in addition to other remedies provided by law, have the right to annul this contract without liability, paying only for the value of the work actually performed, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. 2. Nothing contained in Agreement or otherwise, shall create any contractual relation between the State and any subcontractor or vendor, and no subcontractor shall relieve County of its responsibilities and obligations hereunder. County agrees to be as fully responsible to State for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by County. County’s obligation to pay its subcontractors is an independent obligation from the State’s obligation to make payments to County. As a result, State shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor or vendor of County. Fresno County 21S10051 Page 1 of 2 Exhibit E (Standard Agreement) ADDITIONAL PROVISIONS 1.Contract Amendment The Secretary of State (SOS) reserves the right to amend the scope of work, increase the cost and/or extend the term of the agreement, based upon the SOS's need for completion 2.Incompatible Activities SECRETARY OF STATE POLICY REGARDING POLITICAL ACTIVITY IN THE WORKPLACE The Secretary of State is the state’s chief elections officer. It is, therefore, imperative that staff in the Secretary of State’s Office, and those who contract with the Secretary of State’s Office, refrain from engaging in any political activity that might call into question the office’s impartiality with respect to handling election issues. Accordingly, the policy of the Secretary of State’s Office with respect to political activity in the workplace, a copy of which will be given to every employee in the Secretary of State’s office, is as follows: a.No employee of or contractor with the Secretary of State’s Office shall engage in political campaign-related activities on state-compensated or federal- compensated time, except as required by official duties, such as answering inquiries from the public. This prohibition shall not apply while an employee is on approved vacation or approved annual leave. This prohibition shall not apply to activities engaged in during the personal time of an employee. b.No employee of or contractor with the Secretary of State’s Office shall use any state property in connection with political campaign activities. It is strictly prohibited to schedule political campaign-related meetings or to conduct political campaign-related meetings in state office space, even if after normal working hours. c.No employee of or contractor with the Secretary of State’s Office shall use his or her official status with the Secretary of State’s Office to influence political campaign-related activities or to confer support for or indicate opposition to a candidate or measure at any level of government. d.No employee of or contractor with the Secretary of State’s Office may be involved with political campaign-related telephone calls, letters, meetings or other political campaign-related activities on state-compensated or federal- compensated time. Requests by employees to switch to alternative work schedules, such as 4-10-40 or 9-8-80 work weeks, or to take vacation in order to accommodate political campaign-related activities or to attend political campaign functions, will be judged in the same manner and on the same basis as any other Fresno Contract 21S10051 Page 2 of 2 Exhibit E (Standard Agreement) requests of this nature (i.e., existing needs of the office and discretion of the division chiefs). e.The receipt or delivery of political campaign contributions or photocopies thereof on state property is strictly prohibited, as is the use of office time or state resources (e.g., intra-office mail or fax machines) to solicit or transmit political campaign contributions. f.No employee of or contractor with the Secretary of State’s Office may authorize any person to use his or her affiliation with the Secretary of State’s Office in an attempt to suggest that the employee’s or contractor’s support or opposition to a nomination or an election for office or a ballot measure is of an “official,” as distinguished from private, character. g.No employee of or contractor with the Secretary of State’s Office may display political campaign-related buttons, posters, or similar materials in areas visible to individuals who are in public areas of the Secretary of State’s Office; nor may an employee of or contractor with the Secretary of State’s Office display political campaign-related posters or other materials on windows facing out of the state office building. h.No employee of or contractor with the Secretary of State’s Office may use official authority or influence for the purpose of interfering with or attempting to affect the results of an election or a nomination for any public office. i.No employee of or contractor with the Secretary of State’s Office may directly or indirectly coerce or solicit contributions from subordinates in support of or in opposition to an election or nomination for office or a ballot measure. j.An employee who is paid either partially or fully with federal funds, including the Help America Vote Act of 2002 (HAVA), is subject to the provisions of the federal Hatch Act, and is, therefore, prohibited from being a candidate for public office in a partisan election, as defined in the federal Hatch Act. However, any employee who is to be paid either partially or fully with funds pursuant to HAVA, shall first be consulted about the proposed funding and be informed about the prohibitions of the federal Hatch Act. The employee, whenever possible, shall be given the opportunity to engage in employment that does not involve HAVA funding. k.Provisions limiting participation in political campaign-related activities as provided for in this policy statement shall be included in every contract with the Secretary of State’s Office. If you have questions concerning these restrictions, please refer them to your contract manager.