HomeMy WebLinkAboutTwo Q Inc.-Media Communication and Advertising Services_A-23-335 A-18-252 A-22-066.pdf coU Count of Fresno Hall of Records, Room 301
Y 2281 Tulare Street
Fresno,California
Board of Supervisors 93721-2198
O� 1 56 O Telephone:(559)600-3529
Minute Order Toll Free: 1-800-742-1011
www.co.fresno.ca.us
June 20, 2023
Present: 5- Supervisor Steve Brandau,Vice Chairman Nathan Magsig,Supervisor Buddy Mendes,
Supervisor Brian Pacheco, and Chairman Sal Quintero
Agenda No. 72. Public Health File ID: 23-0548
Re: Approve and authorize the Chairman to execute Amendment No.4 to Agreement with Two Q, Inc., dba
JP Marketing,to continue marketing and mass communication services, extending the term by nine
months from July 1,2023 to March 31, 2024 with no change to the maximum compensation of
$6,897,223
APPROVED AS RECOMMENDED
Ayes: 5- Brandau, Magsig, Mendes, Pacheco, and Quintero
Agreement No.23-335
County of Fresno Page 74
co
IQ Board Agenda Item 72
O 1856 O
FRE`'1s
DATE: June 20, 2023
TO: Board of Supervisors
SUBMITTED BY: David Luchini, RN, PHN, Director, Department of Public Health
SUBJECT: Fourth Amendment to Agreement with Two Q, Inc., dba JP Marketing
RECOMMENDED ACTION(S):
Approve and authorize the Chairman to execute Amendment No.4 to Agreement with Two Q, Inc.,
dba JP Marketing,to continue marketing and mass communication services, extending the term by
nine months from July 1, 2023 to March 31, 2024 with no change to the maximum compensation of
$6,897,223.
There is no additional Net County Cost associated with the recommended action. Approval of the
recommended action will extend the term of the agreement with Two Q, Inc., dba JP Marketing (JP
Marketing) by nine months through March 31, 2024 with no change to the total maximum compensation of
$6,897,223. The Department will be able to continue utilizing JP Marketing's expertise to assist with
marketing and mass communication efforts to increase public education and awareness of various public
health topics and services. This item is countywide.
ALTERNATIVE ACTION(S):
There are no viable alternative actions. Should your Board not approve the recommended action, the
Department will not have the professional media marketing, advertising, and public relations expertise to
continue its many public health awareness campaigns until a new contract is established with a qualified
vendor. There will also be a gap in services that will limit the Department's efforts to disseminate important
information to the community during this time.
FISCAL IMPACT:
There is no Net County Cost associated with the recommended action. The maximum compensation for
the final twelve-month period beginning July 1, 2022 ($1,442,741)will be extended through the additional
nine-month period ending March 31, 2024. There will be no change to the total maximum compensation of
$6,897,223 for the entire term of the agreement. These services are funded through State and Federal
funds, Health Realignment, and Special Revenue Funds. Sufficient appropriations and estimated revenues
will be included in the Department's Org 5620 FY 2023-24 Recommended Budget.
DISCUSSION:
On May 8, 2018, your Board approved an agreement with JP Marketing for advertising and media
communications services to assist the Department with educating and engaging the public on various health
topics. Subsequent amendments to the agreement were executed by your Board on March 26, 2019,
February 23, 2021, and February 22, 2022. The first amendment added services for Phase 1 of the
Department of Public Works and Planning's Environmental Compliance Center neighborhood outreach. The
County of Fresno page I File Number.23-0548
File Number:23-0548
second amendment increased the maximum compensation of the agreement to allow for additional public
outreach regarding health education and other efforts which supported the Department's goals. The third
amendment was approved to support increased efforts in encouraging public health awareness including
enhanced COVID vaccination campaigns, health equity participation, smoking cessation and to update
agreement language regarding compensation, insurance requirements, intellectual property and electronic
signatures.
Approval of the recommended fourth amendment will extend the term of the agreement for nine months
from July 1, 2023 through March 31, 2024 to complete essential public education and engagement
campaigns in progress and scheduled for the second half of the calendar year, with no change to the
maximum compensation. Some projects and campaigns for FY 2022-23 were not completed as planned
after strategies changed, resulting in cost savings. The Department will be able to continue its public health
advertising and media communications regarding health equity, communicable diseases, smoking
cessation, the permitting of mobile food vendors, and other important public health topics. The extension will
allow these efforts to continue without interruption while the County completes the request for proposals
process to develop a new multidepartment agreement for media and mass communications services with a
qualified vendor.
REFERENCE MATERIAL:
BAI #47, February 22, 2022
BAI #26, February 23, 2021
BAI#43, March 26, 2019
BAI #35, May 8, 2018
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk-Amendment No. 4 with Two Q, Inc.
CAO ANALYST:
Ron Alexander
County of Fresno page 2 File Number.23-0548
Agreement No. 23-335
1 AMENDMENT NO. 4 TO AGREEMENT
2 This Amendment No. 4 to Agreement ("Amendment No. 4") is dated
3 20 June. 2023 and is between Two Q. Inc, a California corporation ("CONTRACTOR"),
4 and the County of Fresno, a political subdivision of the State of California ("COUNTY").
5 Recitals
6 A. On May 8th, 2018, COUNTY and CONTRACTOR entered into Agreement, which is
7 County agreement number 18-252 ("Agreement"), for full-service advertising and media
8 communications services to improve the Department of Public Health's (DPH) public education
9 and engagement campaigns and to influence positive changes in the health and well-being of
10 Fresno County residents.
11 B. On March 26th, 2019, COUNTY and CONTRACTOR entered into Amendment I to
12 Agreement to provide similar services for Phase I of the Department of Public Works and
13 Planning's Environmental Compliance Center neighborhood outreach.
14 C. On February 23rd, 2021, COUNTY and CONTRACTOR entered into Amendment II to
15 Agreement to increase the maximum compensation to accommodate further full-service
16 advertising and media communications, as part of a statewide engagement campaign targeted
17 to support efforts under the Black Infant Health program and to improve DPH's public education
18 and engagement campaigns to influence positive changes in the health and well-being of
19 Fresno County residents related to the COVID-19 pandemic and the pending COVID-19
20 vaccination campaign.
21 D. On February 22"1, 2022, COUNTY and CONTRACTOR entered into Amendment III to
22 Agreement to increase the maximum compensation to support increased efforts in encouraging
23 public health awareness including enhanced COVID vaccination campaigns, health equity
24 participation, and smoking cessation campaigns; to clarify CONTRACTOR's remediation rights
25 in the event of late payment or breach of contract on the part of the COUNTY, intellectual
26 property rights for creative materials, insurance language, noticing of COUNTY and .
27 CONTRACTOR and the option of Electronic Signature of the Agreement and any future
28 amendments.
1
1 E. COUNTY, through its DPH, desires to complete essential public education and
2 engagement campaigns in progress and regularly scheduled for the second half of the calendar
3 year, beyond the current term of the Agreement, with no change to the maximum compensation
4 of Six Million Eight Hundred Ninety-Seven Thousand Two Hundred Twenty-Three and No/100
5 Dollars ($6,897,223.00)for the Agreement.
6 F. COUNTY is seeking a new multidepartment agreement for media and mass
7 communications services that will not be executed in time to implement the desired public
8 education and engagement campaigns.
9 G. COUNTY and CONTRACTOR now desire to further amend the Agreement to extend the
10 Agreement term for an additional nine (9) months, July 1, 2023 through March 31, 2024 to
11 continue advertising and media communications services needed to complete the desired public
12 education and engagement campaigns without interruption during the transition period.
13 The parties therefore agree as follows:
14 1. Section Three (3) of the Agreement, "TERM," located at Page Two (2), beginning on line
15 Seventeen (17) with the word "The" is amended to add the following as a new paragraph after
16 the paragraph ending on line Twenty-Four (24) with the word "performance.":
17 "After the last day of the final twelve (12) month extension period, the term of this
18 Agreement shall be extended for a consecutive nine (9) month period, July 1,
19 2023 through March 31, 2024."
20 2. Section Five (5)of the Agreement, "COMPENSATION/INVOICING," Subsection C, [as
21 previously amended] located at Page Four (4) of the Agreement, beginning on line Eighteen
22 (18)with the word "For' and ending on line Twenty-Four (24) with the word "CONTRACTOR"
23 and Page Two (2) of Amendment III, beginning on line Eighteen (18) with the word "For" and
24 ending on Page Three (3) line Five (5)with the word "CONTRACTOR" is deleted in its entirety
25 and replaced with the following:
26 "For the period commencing upon execution through and including June 30,
27 2019, in no event shall services performed under this Agreement be more than
28 Nine Hundred Eighty Thousand and No/100 Dollars ($980,000.00). For the
2
1 period July 1, 2019 through June 30, 2020, in no event shall services performed
2 under this Agreement exceed Seven Hundred Thousand and No/100 Dollars
3 ($700,000.00). For the period July 1, 2020 through June 30, 2021, in no event
4 shall services performed under this Agreement exceed One Million Seven
5 Hundred Six Thousand Seven Hundred Forty-One and No/100 Dollars
6 ($1,706,741.00). For the period July 1, 2021 through June 30, 2022, in no event
7 shall services performed under this Agreement exceed Two Million Sixty-Seven
8 Thousand Seven Hundred Forty-One and No/100 Dollars ($2,067,741.00). For
9 the period of July 1, 2022 through March 31, 2024, in no event shall services
10 performed under this Agreement exceed One Million Four Hundred Forty-Two
11 Thousand Seven Hundred Forty-One and No/100 Dollars ($1,442,741.00).
12 In no event shall services performed under this Agreement be more than Six
13 Million Eight Hundred Ninety-Seven Thousand Two Hundred Twenty-Three and
14 No/100 Dollars ($6,897,223.00) during the entire term of this Agreement. It is
15 understood that all expenses incidental to CONTRACTOR's performance of
16 services under this Agreement shall be borne by CONTRACTOR."
17 3. When both parties have signed this Amendment No. 4, the Agreement, Amendment I,
18 Amendment II, Amendment III and this Amendment No. 4 together constitute the Agreement.
19 4. CONTRACTOR represents and warrants to COUNTY that:
20 a. CONTRACTOR is duly authorized and empowered to sign and perform its obligations
21 under this Amendment.
22 b. The individual signing this Amendment on behalf of CONTRACTOR is duly
23 authorized to do so and his or her signature on this Amendment legally binds
24 CONTRACTOR to the terms of this Amendment.
25 5. This Amendment may be signed in counterparts, each of which is an original, and all of
26 which together constitute this Amendment.
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1 6. The Agreement as previously amended and as amended by this Amendment No. 4 is
2 ratified and continued. All provisions of the Agreement as previously amendment and not
3 amended by this Amendment No. 4 remain in full force and effect.
4 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Amendment No. 4 on the date stated in the introductory
2 clause.
3
TWO Q., Inc. COUNTY OF FRESNO
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6 Jan Olvera TAS
sident Sa ui ter, , C airman of the Board of
Sup = o e County of Fresno
7 75 9 N Wilson . 103
Fresno, CA 93711 Attest:
8 Bernice E. Seidel
Clerk of the Board of Supervisors
g County of Fresno, State of California
11 De uty
12 For accounting use only:
13 Org No.: 5620
Account No.: 7295
14 Fund No.: 0001
Subclass No.: 10000
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