HomeMy WebLinkAboutAgreement A-22-436 Amendment to Agreement with OUTFRONT Media.pdf Agreement No. 22-436
1 AMENDMENT NO. I TO SERVICE AGREEMENT
2 This Amendment No. I to Service Agreement A-22-058 ("Amendment No. 1") is dated
3 September 20, 2022, and is between OUTFRONT Media, LLC, a Delaware limited liability
4 company, whose address is 5678 East Shields, Fresno, CA 93727, ("Contractor"), and the
5 County of Fresno, a political subdivision of the State of California ("County").
6 Recitals
7 A. On March 7, 2022, the County and the Contractor entered into Agreement number A-22-
8 058, for Contractor to provide County a Fentanyl Awareness advertising campaign.
9 B. The Contractor has satisfactorily provided services, and the County and the Contractor
10 now desire to amend the Agreement in order to amend the scope of services and increase the
11 maximum contract value to allow Contractor to continue to provide services.
12 The parties therefore agree as follows:
13 1. Section number 5 entitled "Compensation/Invoicing" located on Page two (2) of the
14 Agreement is deleted in its entirety, and replaced with the following:
15 "County agrees to pay Contractor and Contractor agrees to receive
16 compensation as follows: two hundred seventy-six thousand, one hundred and
17 seventy dollars ($276,170) for services during the entire term of the Agreement,
18 including the two optional extensions. Contractor shall submit invoices to the
19 County of Fresno District Attorney's Office. In no event shall compensation paid
20 for services performed under this Agreement exceed two hundred seventy-six
21 thousand, one hundred and seventy dollars ($276,170) during the entire term of
22 this Agreement, including the two optional extensions. It is understood that all
23 the expenses incidental to Contractor's performance of services under this
24 Agreement shall be borne by Contractor.
25 2. Exhibit I to the Agreement is deleted in its entirety, and replaced with the attached
26 Exhibit I.
27 3. When both parties have signed this Amendment No. 1, the Agreement, A-22-058,
28 and this Amendment No. 1 together constitute the Agreement.
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1 4. The Contractor represents and warrants to the County that:
2 a. The Contractor is duly authorized and empowered to sign and perform its obligations
3 under this Amendment No. 1.
4 b. The individual signing this Amendment No. 1 on behalf of the Contractor is duly
5 authorized to do so and his or her signature on this Amendment No. 1 legally binds
6 the Contractor to the terms of this Amendment No. 1.
7 5. The parties agree that this Amendment No. 1 may be executed by electronic signature
8 as provided in this section.
9 a. An "electronic signature" means any symbol or process intended by an individual
10 signing this Amendment No. 1 to represent their signature, including but not limited
11 to (1) a digital signature; (2) a faxed version of an original handwritten signature; or
12 (3) an electronically scanned and transmitted (for example by PDF document)
13 version of an original handwritten signature.
14 b. Each electronic signature affixed or attached to this Amendment No. 1 (1) is deemed
15 equivalent to a valid original handwritten signature of the person signing this
16 Amendment No. 1 for all purposes, including but not limited to evidentiary proof in
17 any administrative or judicial proceeding, and (2) has the same force and effect as
18 the valid original handwritten signature of that person.
19 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
20 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
21 2, Title 2.5, beginning with section 1633.1).
22 d. Each party using a digital signature represents that it has undertaken and satisfied
23 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
24 through (5), and agrees that each other party may rely upon that representation.
25 e. This Amendment No. 1 is not conditioned upon the parties conducting the
26 transactions under it by electronic means and either party may sign this Amendment
27 No. 1 with an original handwritten signature.
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1 6. This Amendment No. 1 may be signed in counterparts, each of which is an original, and
2 all of which together constitute this Amendment No. 1.
3 7. The Agreement A-22-058, as amended by this Amendment No. 1, is ratified and
4 continued. All provisions of the Agreement A-22-058 and not amended by this Amendment No.
5 1 remain in full force and effect.
6 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Amendment No. 1 on the date stated in the introductory
2 clause.
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OUTFRONT MEDIA, INC. COUNTY OF FRESNO
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4�&� ," Sales Director
6 Stephanie Backiel, Account Executive Brian Pacheco, Chairman of the Board of
7 5678 East Shields Supervisors of the County of Fresno
Fresno, CA 93727 Attest:
8 Bernice E. Seidel
Clerk of the Board of Supervisors
9 County of Fresno, State of California
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By:
11 Deputy
12 For accounting use only:
13 Org No.: 2860
Account No.: 7295
14 Fund No.:0001
Subclass No.: 10000
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Exhibit I
1 Scope of Services
2 Outfront Media, Inc. will produce a Fentanyl awareness campaign that will consist of
3 posters, digital media, mobile ads, billboards, and digital billboards.
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5 Advertising Period March 2022-August 2022
6 • Posters/Metro General Market: 10 units size 10'5" H x 22'8" W for 6 periods at
7 $5,000 per period.
8 • Mobile Ads: 1 package for 6 periods at $5,000 per period.
9 • Bulletins: 2 units size 14'H x 48'W for 6 periods at $5,000 per period and 2 units
10 size 14'H x 48'W for 6 period for$0 (S/A Bonus).
11 • Digital Posters: 100 units for 6 periods at $2,850 per period.
12 • Digital Bulletins:
13 o 400 located at Hwy 168 N/O Dakota F/N. 4 periods at $3,500 per period.
14 o 700 located at Hwy 41 S/O Friant Rd F/N. 6 periods at $4,000 per period.
15 . Non-Space Costs:
16 o 30 Fresno, CA Posters for $3,000 total.
17 o 1 Fresno, CA Poster for$1,620 total.
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19 Advertising Period September 2022-January 2023
20 Posters/Fresno DMA:
21 o 8 units size 10'5"H x 22'8"W (4 periods at $4,400 per period)
22 o 7 units size 10'5"H x 22'8"W (1 period at $3,850 per period)
23 o 4 units size 10'5"H x 22'8"W (2.75 periods at $2,200 per
24 period)
25 • Bulletins: 3 units size 14'H x 48"W (2 periods at $9,980 per period)
26 • Mobile Ads: 1 package for 4 periods at $2,005 per period
27 • Non-Space Costs:
28 o Production Costs- $2,430
o Production Costs (4 Posters)- $440
Exhibit I
1 o Production Costs (15 Posters)- $1,650
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3 Advertising Period March 2023-July 2023
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5 . Posters: 13 units size 10'5"H x 22'8" W (4 periods at $7,150 per period)
6 • Bulletins: 3 units size 14'H x 48'W (2 periods at $9,980 per period)
7 • Mobile Ads: 1 package for 4 periods at $1,455 per period
8 • Non-Space Costs:
9 o Production Costs (Posters 26 units)- $2,600
10 o Production Costs -$3,020
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