HomeMy WebLinkAboutAgreement A-21-177 with Secretary of State.pdfDocuSign Envelope ID : CFE483A5-49A1-4D48-9FD3-3F9815ECE581 Agreement No. 21-177
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES ~-----------~-------0_8_9_0_-2_0_S_1_0_0_7_3~
STANDARD AGREEMENT I AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (If Applicable)
STD 213 (Rev. 03 /2019) 20510073
1. This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
Secretary of State
CONTRACTO R NAME
Fresno County
2 . The term of this Agreement is :
START DAT E
January 1, 2021 or upon approval by Dept. of General Services, if required, whichever is later
THROUGH END DATE
June 30, 2021
3. The maximum amount of this Agreement is:
$74,369.00; Seventy-Four Thousand Three Hundred Sixty-Nine Dollars and Zero 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 County Resolution -
+ --
+ --
Items sho w n w ith an asterisk *, are hereb' incol orated b' reference and made () y p y p art of this a reement as if attached hereto. g
These documents can be viewed at https://www.dgs.ca .gov/OLS/Resources
IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partn ers hip, etc.)
Fresno County
CONTRACTOR BUSINESS ADDRESS
2221 Kern Street
PRINTED NAME OF PERSON SIGNING
Steve Brandau , Chai ma , Fresno County Board of Supervisors
ATTEST: _____ .....,,. ________ _
BERNICE E . SEIDEL
CITY
Fresno
TITLE
Cheu.~~
DATE SIGNED
STATE
CA
Pages
2 pages
1 pages
GTC
04/2017
1 pages
2 pages
page(s)
ZIP
93721
Paqe 1 of 2
Jun 8 2021
PD-bb
Fresno County
20S10073
Page 1 of 2
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 March 1, 2020 and prior to November
4, 2020 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 September 1,
2021.
DocuSign Envelope ID: CFE4B3A5-49A1-4D4B-9FD3-3F9815ECE5B1
Fresno County
20S10073
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Exhibit A
(Standard Agreement)
3) Items Presumed not to be Reimbursable
The following is a partial list of items presumed not to be 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 $74,369 . State
funding can only be used for outreach activities as allowed in section (1) above.
5) Program Representative
The Secretary of State program representatives during the term of Agreement will be:
Jessica Godina – jgodina@sos.ca.gov
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Fresno County
20S10073
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Exhibit B
(Standard Agreement)
BUDGET DETAIL AND PAYMENT PROVISIONS
1.Invoicing
A.For services satisfactorily rendered and upon receipt and approval of the
invoices, the State agrees to compensate the Contractor for actual expenditures
incurred in accordance with the rates specified herein, which is attached hereto
and made a part of this Agreement.
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.
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Fresno County
20S10073
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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.
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Fresno County
20S10073
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Exhibit D
(Standard Agreement)
SPECIAL TERMS AND CONDITIONS
A. GENERAL PROVISIONS
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.
3. 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 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.
DocuSign Envelope ID: CFE4B3A5-49A1-4D4B-9FD3-3F9815ECE5B1
Fresno County
20S10073
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Exhibit E
(Standard Agreement)
ADDITIONAL PROVISIONS
1.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
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
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Fresno Contract
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Exhibit E
(Standard Agreement)
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.
DocuSign Envelope ID: CFE4B3A5-49A1-4D4B-9FD3-3F9815ECE5B1