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HomeMy WebLinkAboutAgreement A-22-209 with Two Q Inc..pdf Agreement No. 22-209 1 AMENDMENT III TO AGREEMENT 2 THIS AMENDMENT, hereinafter referred to as "Amendment III", is made and entered into this 3 17' day of May , 2022, by and between COUNTY OF FRESNO, a Political Subdivision 4 of the State of California, hereinafter referred to as "COUNTY', and TWO Q, INC., a California 5 Corporation, whose address is 7589 North Wilson Avenue, Suite 103, Fresno, CA 93711, hereinafter 6 referred to as "CONTRACTOR" (collectively as "parties"). 7 WHEREAS, COUNTY and CONTRACTOR entered into certain Agreement, identified as 8 COUNTY Agreement No. 19-178, effective April 23, 2019, COUNTY Amendment No. 19-178-1, 9 effective February 25, 2020, and COUNTY Amendment No. 19-178-2, effective May 11, 2021, herein 10 collectively referred to as COUNTY Agreement 19-178, whereby, CONTRACTOR agreed to provide 11 full service advertising and media communications services and market research, as specified in 12 COUNTY Agreement No. 19-178; and 13 WHEREAS, COUNTY desires to amend the Agreement to add funding to provide advertising 14 and media communication services for a two year extension of the Agreement. 15 WHEREAS, the parties desire to amend the Agreement regarding changes as stated below 16 and restate the Agreement in its entirety. 17 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which 18 is hereby acknowledged, COUNTY and CONTRACTOR agree as follows: 19 1. That in the existing COUNTY Agreement No. 19-178, all text in reference to "Revised 20 Exhibit A-1" shall be changed to read "Revised Exhibit A-2", which is attached hereto and 21 incorporated herein by this reference. 22 2. That in the existing COUNTY Agreement No. 19-178, all text in reference to "Revised 23 Exhibit B-V shall be changed to read " Revised Exhibit B-2", which is attached hereto and 24 incorporated herein by this reference. 25 3. The Agreement shall be extended for a one-year period effective upon execution to 26 June 30, 2023. This Agreement may be extended for an additional one-year period from July 1, 2023 27 to June 30, 2024 pursuant to Section Two (2) of existing COUNTY Agreement No. 19-178. 28 4. That the existing COUNTY Agreement No. 19-178, Page Three (3), Line Six (6) - 1 - 1 beginning with the word "For" and ending on Page Three (3), Line Twenty-Five (25) with 2 "CONTRACTOR.", be deleted in its entirety and replaced with the following: 3 "For actual services provided as identified in the terms and conditions of this Agreement 4 and Revised Exhibit A-2, COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to 5 receive compensation as identified in Revised Exhibit B-2, "Budget Summary" attached hereto and 6 incorporated herein to this Agreement. Payments shall be made upon certification or other proof 7 satisfactory to COUNTY's DBH that services have actually been performed by CONTRACTOR as 8 specified in this Agreement. 9 The maximum amount payable to CONTRACTOR for the period of effective upon 10 execution through June 30, 2019 shall not exceed One Hundred Ninety Thousand and No/100 11 Dollars ($190,000). 12 The maximum amount payable to CONTRACTOR for the period of July 1, 2019 through 13 June 30, 2020 shall not exceed Eight Hundred Thousand and No/100 Dollars ($800,000.00). 14 The maximum amount payable to CONTRACTOR for the period of July 1, 2020 through 15 June 30, 2021 shall not exceed Seven Hundred Sixty Thousand and No/100 Dollars ($760,000.00). 16 The maximum amount payable to CONTRACTOR for the period of July 1, 2021 through 17 June 30, 2022 shall not exceed Seven Hundred Twenty Thousand and No/100 Dollars ($720,000.00). 18 The maximum amount payable to CONTRACTOR for the period of July 1, 2022 through 19 June 30, 2023 shall not exceed Seven Hundred Twenty Thousand and No/100 Dollars ($720,000.00). 20 If this Agreement is extended for an additional twelve (12) month renewal period 21 beginning July 1, 2023 through June 30, 2024, the maximum amount payable to CONTRACTOR for 22 said period shall not exceed Seven Hundred Thousand and No/100 Dollars ($700,000.00). 23 The cumulative total of this Agreement shall not be in excess of Three Million, Eight 24 Hundred Ninety Thousand and No/100 Dollars ($3,890,000.00). It is understood that all expenses 25 incidental to CONTRACTOR's performance of services under this Agreement shall be borne by 26 CONTRACTOR." 27 5. ELECTRONIC SIGNATURE: 28 The parties agree that this Agreement may be executed by electronic signature as - 2 - 1 provided in this section. An "electronic signature" means any symbol or process intended by an 2 individual signing this Agreement to represent their signature, including but not limited to (1) a digital 3 signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and 4 transmitted (for example by PDF document) of a handwritten signature. Each electronic signature 5 affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature 6 of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in 7 any administrative or judicial proceeding, and (2) has the same force and effect as the valid original 8 handwritten signature of that person. The provisions of this section satisfy the requirements of Civil 9 Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, 10 Part 2, Title 2.5, beginning with section 1633.1). Each party using a digital signature represents that it 11 has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), 12 paragraphs (1) through (5), and agrees that each other party may rely upon that representation. This 13 Agreement is not conditioned upon the parties conducting the transactions under it by electronic 14 means and either party may sign this Agreement with an original handwritten signature. 15 6. COUNTY and CONTRACTOR agree that this Amendment is sufficient to amend the 16 Agreement and, that upon execution of this Amendment III, the Agreement, Amendment I, 17 Amendment II and this Amendment III together shall be considered the Agreement. 18 The Agreement, as hereby amended, is ratified and continued. All provisions, terms, 19 covenants, conditions and promises contained in the Agreement and not amended herein shall 20 remain in full force and effect. 21 1H 22 1H 23 1H 24 1H 25 1H 26 1H 27 1H 28 1H - 3 - ii DocuSign Envelope ID:27AF6F4C-C1EC-46EA-855D-CD9D7F6D055F 1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment III to 2 COUNTY Agreement No. 19-178 as of the day and year first hereinabove written. 3 4 IW.Q.Wp CO NTY OF FRESNO 5 JaVUL, 0-6V& M, 6 u horize ignature) Brian Pacheco, Chairman of the Board of Jane olvera Supervisors of the County of Fresno 7 President Print Name & Title 8 7589 N Wilson Ave Ste 103 9 10 Fresno, CA 93711 11 Mailing Address ATTEST: Bernice E. Seidel 12 Clerk of the Board of Supervisors County of Fresno, State of California 13 R DouSlgnedby: 14 C _ U ' By: 15 (Authorized Signature) Deputy Jeanna Antonino 16 Print Name 17 operations Director 18 Title: Secretary (of Corporation), or any Assistant Secretary, or 19 Chief Financial Officer, or 20 any Assistant Treasurer 21 FOR ACCOUNTING USE ONLY: 22 Fund: 0001 Subclass: 10000 23 ORG: 56304564, 56304792, 56302080 Account: 7295 24 Fiscal Year 56304564 56304792 56302080 Total 25 FY 2018-19 $190,000 $190,000 FY 2019-20 $760,000 $40,000 $800,000 26 FY 2020-21 $700,000 $30,000 $30,000 $760,000 27 FY 2021-22 $700,000 $20,000 $720,000 FY 2022-23 $720,000 $720,000 FY 2023-24 700 000 $700,000 28 Total $2,350,000 $70,000 $50,000 $3,890,00 - 4 - Revised Exhibit A- 2 Page 1 of 5 Summary of Services ORGANIZATION: JP MARKETING, A DIVISION OF TWO Q, INC. SERVICE: MARKETING, ADVERTISING AND CONSULTATION SERVICES ADDRESS: 7589 N WILSON AVE STE 103 FRESNO CA 93711 OFFICE TELEPHONE: 559-438-2180 CONTACTS: Michele Meisch, Client Services Director 559 804 0360 EMAIL: michele(a)_lpmktg.com CONTRACT PERIOD: Effective upon execution — June 30, 2019 $190,000 July 1, 2019 — June 30, 2020 $800,000 July 1, 2020 — June 30, 2021 $760,000 July 1, 2021 — June 30, 2022 $720,000 July 1, 2022 —June 30, 2023 $720,000 July 1, 2023 —June 30, 2024 $700,000 AMOUNT: Total $3,890,000 Summary of Services JP Marketing henceforth referred to as CONTRACTOR, shall work with the Department to continue to create media campaigns focusing on suicide prevention, mental health awareness, reducing the stigma around mental illness, prevention of substance use disorder and access to substance use disorder services. They will assist in continued focus group research to measure the understanding and awareness in Fresno County of the Department and the Behavioral Health campaigns. The behavioral health community demographic continues to be particularly difficult to reach in past marketing efforts leading to the need for further research. The research will include concentrated focus groups that represent the different population groups of Fresno County including rural, urban, as well as different age, and cultural groups. They will continue to assist in the updating of the department's comprehensive communication plan, which has laid the foundation for all communication and marketing efforts pertaining to public relations and internal processes. Contractor's Responsibilities Projects &Timelines A. A Comprehensive Department of Behavioral Health Communication Plan — CONTRACTOR will create a practical written Comprehensive Communications Plan based on research within 60 days of contract execution and each subsequent renewal year. The plan will guide the department with internal and external communication including branding guidelines, procedures for announcements that include multi-media, Revised Exhibit A- 2 Page 2 of 5 social media, and all written material. The plan will guide all contracted provider communication efforts to match the department. Timeline — Effective upon execution through FY 2022/23 and revisited 2023/24. B. Annual Comprehensive Fresno County Suicide Prevention Collaborative Communication Plan — Contractor will create a practical written Comprehensive Communications Plan based on research within 60 days of contract execution and each subsequent renewal year. The plan will guide the collaborative with internal and external communication including branding guidelines, procedures for announcements that include multi-media, social media, and all written material. The plan will guide all communication efforts for all workgroups in the collaborative. Timeline — Effective upon execution through FY 2022/23 and revisited 2023/24. C. Suicide Prevention Media Campaign — CONTRACTOR will create new ads and use existing ads to educate residents on suicide prevention and available community resources. Campaign may target the following populations but are not limited to youth ages 12-18, parents, middle aged white and Latino males, middle aged white and Latino females, the LGBTQ community, and veterans. Campaign will be yearlong with increased efforts in August, September, and October. Timeline — Effective upon execution through FY 2022/23 and revisited 2023/24. D. Mental Health Awareness Campaign — CONTRACTOR will develop and produce advertising campaigns, which may include TV, radio, newspaper, outdoor and digital platforms. CONTRACTOR will develop and produce other public service announcements as necessary. The campaign will focus on bringing awareness on the importance of Mental Health access, services, and first steps. Heavy campaign push in April, May, and June. Timeline — Effective upon execution through FY 2022/23 and revisited 2023/24. E. Mental Health Stigma Reduction Campaign — CONTRACTOR will develop and produce advertising campaigns, which may include TV, radio, newspaper, outdoor and digital platforms. CONTRACTOR will develop and produce other public service announcements as necessary. The campaign will focus on reducing the negative stigma surrounding Mental Illness. Campaign push in March, April, May, September, October, and November. Timeline — Effective upon execution through FY 2022/23 and revisited 2023/24. F. Substance Use Disorder Prevention Campaigns - Develop and produce advertising campaigns, which may include TV, radio, newspaper, outdoor and digital platforms. Develop and produce other public service announcements as necessary. Two prevention campaigns will be provided: 1) Substance Use Disorder Prevention Revised Exhibit A- 2 Page 3of5 Campaign; and 2) Substance Use Disorder Campaign on Fentanyl Prevention and Narcan Awareness. 1) Substance Use Disorder Prevention Campaign —The campaign will focus on Substance Use Disorder prevention efforts throughout Fresno County. Timeline— Effective upon execution through FY 2022/23 and revisited 2023/24. G. Substance Use Disorder Access Campaign — CONTRACTOR will develop and produce advertising campaigns, which may include TV, radio, newspaper, outdoor and digital platforms. Develop and produce other public service announcements as necessary. The campaign will focus on access to services for Substance Use Disorder and promote the Behavioral Health Access Line 1 800 654-3937. Campaign push in May, June, October, and November. Timeline— Effective upon execution through FY 2022/23 and revisited 2023/24. H. Market Research Groups - The diverse behavioral health demographics has proven particularly difficult to reach in past marketing efforts leading to the need for further research. The research should include concentrated focus groups that represent the different population groups of Fresno County including rural, urban, as well as different age and cultural groups. Timeline - Effective upon execution through FY 2022/23 and revisited 2023/24. Activities/Tasks A. Meetings - The CONTRACTOR will facilitate meetings with Department staff from selected programs to identify program procedures, requirements, and goals related to media and educational campaigns and projects. B. Review Partnerships - The CONTRACTOR will review the Department's existing partnerships with other agencies and existing educational materials for opportunities to enhance and integrate complementary messages countywide. C. Research - The CONTRACTOR will identify target audiences, specific messages, and distribution networks to reach program goals as well as determine the most timely and cost-effective methods to do so. This will be done by conducting message testing and campaign resonance, through focus groups and pre and post testing. Includes all hard costs associated with research. D. Data Reporting_- The CONTRACTOR will design measures to assess changes in public attitudes, perceptions, and behavior, especially among target and priority populations, to improve the effectiveness of campaigns and materials, and to demonstrate campaign outcomes. Assessments may include but are not limited to impressions reports, pre/post test results, and/or focus groups. E. Ad Development & Placement - Develop multimedia ads and possibly utilize premade campaigns for various audiences. Place created ads in most advantageous locations as to maximize awareness for campaign message. Revised Exhibit A- 2 Page 4 of 5 F. Cultural Needs - Customize and/or develop and place TV and radio ads in English, Spanish, and Hmong. G. Website - Recommend improvements to the DBH, fresnocares.org, centralvalleyopioidsafety.org websites as well as other websites as they arise. Also assist in the creation of landing pages for special events as needed. H. Social Media - Integrate messages across platforms, including the Department's website and social media pages, as appropriate. Assist in best practices when it comes to messaging as well as procedures for posting information. I. Media Buys - Place advertisements with identified distribution networks using cost- effective media buying strategies and leveraging available resources. This can include broadcast television, radio, signage, online, and other media outlets. J. Integrate - Integrate the Departments assets of media production for cost-saving purposes, locate deficits, and assist in overall development of media outreach. K. State Mental Health Campaign - Integrate the California state Mental Health campaign initiative. L. Creative Material Creation - Create new factsheets, flyers, and/or infographics that the department will own the rights to for distribution. M. News Releases - Recommend and review news releases, media advisories, interview talking points and related earned-media communications, as appropriate, to build and maintain public awareness and credibility. N. Training & Technical Assistance - Provide training and technical assistance to Department staff as necessary on creating compelling, newsworthy pieces to increase public awareness of health topics, and to influence positive changes at the individual and systemic levels. O. Training — Contractor may be asked to attend trainings around Mental Health & Substance Use Disorder issues. P. Internal Communications - Support Department internal communications to create an inclusive, service-oriented culture in which employees feel supported, valued and driven in the pursuit of the Department's mission. Q. Cultural Understanding -Assist in designing all necessary documents translated in Fresno County's threshold languages of Spanish & Hmong for easiness of understanding. R. Preferred Terms - Working in collaboration with the DBH Cultural Humility Committee, develop a list of preferred terms in Spanish & Hmong that allow for best understanding. Compliance with County & Data Capturing A. CONTRACTOR shall comply with all contract monitoring and compliance protocols, procedures, data collection methods, and reporting requirements conducted by the COUNTY. B. Data Capture — CONTRACTOR will set up appropriate data capture for all of the above projects. Capture should include online analytics, ratings reports, and any other data capturing methods. C. Data Reporting - CONTRACTOR will go over the data for recommended next steps and assist the department in making necessary changes to future campaigns. Contractor may be asked to make presentations to all department staff, small groups, and at special events as needed. Revised Exhibit A- 2 Page 5of5 COUNTY's Responsibilities A. Meetings— DBH staff will work with contractor to schedule weekly meetings that may be in person or by phone. The meetings are used to check in, assess projects, receive feedback, and strategize next steps. B. Material — DBH staff will provide current assets to contractor including produced videos, graphics, logos, etc. Revised Exhibit B-2 Page 1 of 2 Fresno County Department of Behavioral Health JP Marketing- Media Communications and Advertising Services Budget FY 2018-19 TEAM MEMBER TITLES ASSIGNED CAMPAIGN PROJECT SERVICE (4/9/19-6/30/19) FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 Creative Director,Art Director,Graphic Designer, Creative Services-create ads to support the media plan; Web Designer,Copywriter,Photographer, turnkey production services including translation;possibly Production Manager,Admin Support,Subject Matter specific landing page or microsite,includes all hard costs Expert,Billing Manager associated with creative projects. $31,355 $129,000 $52,000 $75,800 $70,000 $60,000 President,Subject Matter Expert,Director of Strategy-overall messaging and positioning support; Account Services,Account,Manager,Account includes direction for fresnocares.org website and other Coordinator,Admin Support,Billing Manager activities that support the campaign goals. $4,200 $16,000 $16,000 $16,000 $15,000 $15,000 Subject Matter Expert,Admin Support,Copywriter, Copywriting-technical writing by subject matter expert Creative Director consultant;editing and approval facilitation $3,885 $15,000 $6,000 $6,000 $5,000 $5,000 Printing&Distribution-printing and production for Production Manager,Director of Account Services, materials for community distribution by FCDBH and Account Manager,Account,Coordinator,Admin partners;in coordination with Access to Services Support,Billing Manager campaign. $5,292 $25,000 $20,000 $17,000 $18,000 $18,000 Media Buy-media planning,negotiating,reconciling and Media Buyer,Media Director,Billing Manager billing;includes all mediums and possible sponsorships $115,500 $450,000 $525,000 $500,000 $510,000 $500,000 Director of Account Services,Account Manager, Account Management-task management,meetings, Account Coordinator,Billing,Manager,Production reporting and billing.Includes any and all travel to and Manager from client meetings. $17,798 $75,000 $55,000 $79,700 $80,000 $80,000 President,Subject Matter Expert,Director of Research-conduct message testing and campaign Account Services,Account,Manager,Account resonance,includes all hard costs associated with Coordinator,Admin Support,Billing Manager research. $8,400 $75,000 $66,000 $17,500 $15,000 $15,000 PR/Outreach/Social Media,Director of Account Outreach-collaboration with community partners;in Services,Account Manager,Account Coordinator, coordination with Access to Services campaign.Includes all Billing Manager,Admin Support hard costs such as PR Wire costs. $3,570 $15,000 $20,000 $8,000 $7,000 $7,000 Total $190,000 $800,000 $760,000 $720,000 $720,000 $700,000 Revised Exhibit B-2 Page 2 of 2 JP Marketing Rates and Roles Roles Previous Hourly Rate New Hourly Rate President / Strategist $112 $225 Subject Matter Expert $112 $225 Director (Media, Creative, Art, Account Services) $112 $175 Account Manager $64 $135 Account Coordinator $64 $95 PR / Outreach / Social Media $64 $135 Art Director $94 $175 Graphic Designer $94 $135 Web Designer $94 $135 Copywriter $94 $135 Photographer $94 $150 Production Manager $94 $135 Billing Manager $62 $95 Admin Support $62 $95 Media Buyer* $0 $0 Note: Previous Hourly Rate applies for FY 18-19 through FY 21-22. The New Hourly Rate applies for FY 22/23 and FY 23/24.