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HomeMy WebLinkAboutAgreement A-22-123 with Secretary of State.pdf DocuSign Envelope ID:B5CA8E43-DB76-4F68-AE07-B8A350EDE126 D: 0890-21 S10098 Agreement No. 22-123 STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES R PURCHASING AUTHORITY NUMBER(If Applicable) STANDARD AGREEMENT AGREEMENT NUM�E STD 213(Rev.04/2020) 21 S 10098 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 March 1,2022 or upon approval by Dept.of General Services,if required,whichever is later THROUGH END DATE May 1,2023 3.The maximum amount of this Agreement is: $ 180,000.00,One Hundred Eighty Thousand 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 Pages Exhibit A Scope of Work 4 pages Exhibit B Budget Detail and Payment Provisions 1 pages Exhibit C General Terms and Conditions GTC 04/2017 Exhibit D Special Terms and Conditions(Attached hereto as part of this Agreement) 1 pages Exhibit E Additional Provisions 2 pages Exhibit F County Resolution pages Items s own wit an osteris *,are hereby incorporated by reference and made part of this agreement as if attached ereto, These documents can be viewed at httns✓/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,partnership,etc.) Fresno County CONTRACTOR BUSINESS ADDRESS CITY STATE TIP 2221 Kern St Fresno CA 3721 PRINTED NAME OF PERSON SIGNING TITLE Brian Pacheco Chairman, Fresno County Board of Supervisors CONTRACT R AU�JZED SIGNATURE DATE SIGNED ATTEST: BERNICE E.SEIDEL Clerk of the Board of Supervisors County of Fresno,State of California By_ Deputy Page 1 of 2 DocuSign Envelope ID: 1 F1 21 FF1-D7B5-4CC2-AEFA-51 B26897BABO D: 0890-21 S10098 STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(If Applicable) STD 213(Rev.04/2020) 21 S10098 SOS-0890 STATE OF CALIFORNIA CONTRACTING AGENCY NAME Secretary of State CONTRACTING AGENCY ADDRESS CITY STATE ZIP 1500 11th Street Sacramento CA 95814 PRINTED NAME OF PERSON SIGNING TITLE kristin Dagsher Fiscal Affairs Bureau Chief CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED oocuSigned by: 4/14/2022 �ALIF,PBWhqlef4TMENT OF GENERAL APPROVED_-] EXEMPTION(If Applicable) APR 14 2022 PDAh OFFICE OF LEGAL SERVICES DEPT. OF GENERAL SERVICES Page 2 of 2 DocuSign Envelope ID:B5CA8E43-DB7B-4F68-AE07-B8A350EOE126 Fresno County 21510098 Page 1 of 4 Exhibit A 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 the County for reimbursement of expenses related to implementation of the VCA for any Primary and/or general Election(s) incurred after January 1, 2022, and prior to November 8, 2022, 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. b. Educational workshops, EAP-related public hearings or to inform voters of the VCA voting methods and election locations, dates and times. DocuSign Envelope ID:B5CA8E43-DB7B-4F68-AE07-B8A350EOE126 Fresno County 21510098 Page 2 of 4 i. Stipends to community-based organization staff to educate or inform voters concerning the VCA at an educational workshop. ii. Translators for speakers of a language other than English to participate in the workshop; iii. Translation services to translate election administration plans into the Section 203 and Election Code 14201 required languages. c. Community input meetings with the Language Access Advisory Committee (LAAC), Voting Access Advisory Committee (VAAC) and other groups. i. Translators for speakers of a language other than English to participate in the meeting. 2) EXPENDITURE GUIDELINES Claims for reimbursement by the county must be submitted no later than May 1, 2023. The Secretary of State shall establish the criteria and processes for submitting claims under this Program. Such criteria shall include requirements that all claims: a. Include a standard invoice sheet b. Include the Agreement Number c. Include the total amount of the claim d. Contain a sheet that summarizes each expenditure e. Include an invoice number f. Include invoices and other supporting documentation that itemize activities performed for each reimbursement request g. Include English and in-language digital samples or transcription of outreach materials, including but not limited to, radio, newspaper advertisements, social media advertisements, mailers, flyers and posters, workshop/event advertisements. h. Include minutes or highlights with the date, time, and location of LAAC and VAAC meetings for each election 3) ITEMS NOT REIMBURSEABLE 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. DocuSign Envelope ID:B5CA8E43-DB7B-4F68-AE07-B8A350EOE126 Fresno County 21510098 Page 3 of 4 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. 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) CONTRACT BUDGET The contract amount shall not exceed a total contract budget of$180000.00, with the budgeted amount of$90000.00 allocated for VCA counties holding a Primary election and a budgeted amount of $90000.00 allocated for the General Election. State funding can be used for outreach activities as allowed in Section 1) — General Uses above. Any allotted, but unused budgeted amount from a Primary election will be available for use in the General Election for activities by that county as allowed in Section 1) — General Uses above. 5) REPORT The 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 include: a narrative of the education and outreach activities hosted, performed, or commissioned by the County including dates, locations and activities performed. The Secretary of State's office will provide a template for counties to use for this report. Report Acceptance: The Secretary of State's office shall be the sole judge of the acceptability of the education and outreach report produced by the County as a result of DocuSign Envelope ID:B5CA8E43-DB7B-4F68-AE07-B8A350EOE126 Fresno County 21510098 Page 4 of 4 the Agreement. Should the report produced by the County fail to meet the minimum SOS conditions, requirements, applicable standards, specifications, or guidelines, the SOS shall notify the County within 10 business days after receipt of the deliverable by identifying the specific inadequacies and/or failures in the services performed or products produced by the County. Reports shall be submitted to the Secretary of State within 90 days of both the Primary Election and General Election. DOCUMENTS AND DELIVERY Reports pursuant to Section 5 shall be provided in an accessible format compatible with the SOS standard applications (currently, Microsoft Office and Adobe). One (1) electronic copy is to be submitted to voterschoice(a�sos.ca.gov and aalbornozCcDsos.ca.gov. 6) PROGRAM REPRESENTATIVE The Secretary of State Program Representative for the contract during the term of Agreement will be: Alicia Albornoz aalbornoz(cDsos.ca.gov 916-594-8948 DocuSign Envelope ID: B5CA8E43-DB7B-4F68-AE07-B8A350EOE126 Fresno County 21 S 10098 Page 1 of 1 Exhibit B 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 AccountsPayableC(Dsos.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. DocuSign Envelope ID:B5CA8E43-DB7B-4F68-AE07-B8A350EOE126 Fresno County 21 S 10098 Page 1 of 1 Exhibit C 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/Pape-Content/Office-of-Legal- Services-Resources-List-Folder/Standard-Contract-Lanquage. DocuSign Envelope ID:B5CA8E43-DB7B-4F68-AE07-B8A350EOE126 Fresno County 21 S 10098 Page 1 of 1 Exhibit D 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. DocuSign Envelope ID:B5CA8E43-DB7B-4F68-AE07-B8A350EOE126 Fresno County 21 S 10098 Page 1 of 2 Exhibit E 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 DocuSign Envelope ID:B5CA8E43-DB7B-4F68-AE07-B8A350EOE126 Fresno County 21 S 10098 Page 2 of 2 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.