The URL can be used to link to this page

Home My WebLink AboutAgreement A-23-647 Amendment II to Agreement with OUTFRONT Media.pdf Agreement No. 23-647 1 AMENDMENT NO. II TO SERVICE AGREEMENT 2 This Amendment No. II to Service Agreement A-22-058 ("Amendment No. 2") is dated 3 November 28, 2023 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 a service agreement, 8 which is County agreement number A-22-058 ("Agreement"), for a Fentanyl Awareness 9 advertising campaign. 10 B. On September 20, 2022, the County and the Contractor entered into Amendment No. 1 11 to Service Agreement A-22-058 to amend the scope of services and increase the maximum 12 contract value. 13 C. The County and the Contractor now desire to further amend the Agreement to amend 14 the scope of services and increase the maximum compensation to allow Contractor to continue 15 to provide services. 16 The parties therefore agree as follows: 17 1. Section number 5 of the Agreement, as previously amended and located on Pages two 18 and three of the Agreement, is deleted in its entirety and replaced with the following: 19 "County agrees to pay Contractor and Contractor agrees to receive compensation as 20 follows: four hundred and thirty-six thousand, one hundred and seventy dollars ($436,170) 21 for services during the entire term of the Agreement, including the two optional extensions. 22 Contractor shall submit invoices to the County of Fresno District Attorney's Office. In no 23 event shall compensation paid for services performed under this Agreement exceed four 24 hundred and thirty-six thousand, one hundred and seventy dollars ($436,170) during the 25 entire term of this Agreement, including the two optional extensions. It is understood that all 26 the expenses incidental to Contractor's performance of services under this Agreement shall 27 be borne by Contractor. 28 1 1 2. Exhibit I of the Agreement as previously amended located on page 10 is deleted in its 2 entirety, and replaced with the attached Exhibit I-A. 3 3. When both parties have signed this Amendment No. 2, the Agreement, Amendment 1 4 and this Amendment No. 2 together constitute the Agreement. 5 4. The Contractor represents and warrants to the County that: 6 a. The Contractor is duly authorized and empowered to sign and perform its obligations 7 under this Amendment No. 2. 8 b. The individual signing this Amendment No. 2 on behalf of the Contractor is duly 9 authorized to do so and his or her signature on this Amendment legally binds the 10 Contractor to the terms of this Amendment. 11 5. The parties agree that this Amendment No. 2 may be executed by electronic signature 12 as provided in this section. 13 a. An "electronic signature" means any symbol or process intended by an individual 14 signing this Amendment No. 2 to represent their signature, including but not limited 15 to (1) a digital signature; (2) a faxed version of an original handwritten signature; or 16 (3) an electronically scanned and transmitted (for example by PDF document) 17 version of an original handwritten signature. 18 b. Each electronic signature affixed or attached to this Amendment No. 2 is deemed 19 equivalent to a valid original handwritten signature of the person signing this 20 Amendment No. 2 for all purposes, including but not limited to evidentiary proof in 21 any administrative or judicial proceeding, and (2) has the same force and effect as 22 the valid original handwritten signature of that person. 23 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5, 24 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 25 2, Title 2.5, beginning with section 1633.1). 26 d. Each party using a digital signature represents that it has undertaken and satisfied 27 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) 28 through (5), and agrees that each other party may rely upon that representation. 2 1 e. This Amendment No. 2 is not conditioned upon the parties conducting the 2 transactions under it by electronic means and either party may sign this Amendment 3 with an original handwritten signature. 4 6. This Amendment No. 2 may be signed in counterparts, each of which is an original, and 5 all of which together constitute this Amendment No. 2. 6 7. The Agreement as previously amended by Amendment No. I and as amended by this 7 Amendment No. 2 is ratified and continued. All provisions of the Agreement as previously 8 amended by Amendment I and not amended by this Amendment No. 2 remain in full force and 9 effect. 10 [SIGNATURE PAGE FOLLOWS] 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 1 The parties are signing this Amendment No. II on the date stated in the introductory 2 clause. 3 OUTFRONT MEDIA, LLC COUNTY OF FRESNO 4 5 6 Steve Kern, Sales Director Se Q in ro, hairman of the Board of Sq2.epvi the County of Fresno 7 5678 East Shields Fresno, CA 93727 Attest: 8 Bernice E. Seidel Clerk of the Board of Supervisors 9 County of Fresno, State of California 10 1' By: Jja V.t4rl�- 11 Deputy 12 For accounting use only: 13 Org No.: 2860 Account No.: 7295 14 Fund No.: 0001 Subclass No.: 10000 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Exhibit I-A Configured GRP/ Advertising No.of Market Media/Location(s) Spots*** Size IMP 18+ Units Period Periods " Period Cost •resno,CA Posters Posters/1'resno County NA 10'5"H x 22' "W UNIT 5 12/04/23-071 4/.4 8.00 4W 52,500.0 Fresno,CA Bulletins/Unittt498510-1 NA 14'x48' 1 12/04/23-01/29/24 2.00 4W 52,000.00 Clovis 500 ti N/O Clinton E/S FIN Fresno,CA Bulletins/Unitit 499110-1 NA 14'x48' 1 12/04/23-01/29/24 2.00 4W 52,000.00 Ventura 1000 ft W/O Cedar N/S F/W Fresno,CA Bullctins/Unittt5417A-1 NA 14'x48' 1 01/29/24-03/24/24 2.00 4W $2,000.00 First&Lamona W/S F/S Fresno,CA !3ullctins/Unit#497820-2 NA 14'x4g' 1 01/29/24-03/24/24 2.00 4W 52,000.00 Shaw Ave 200 ft E/O El Capitan S/S F/W Customer Ref# 0 Net Space Total: S76,400.00 Special Instructions: Posters to rotate in the county cities every 4 or 8 weeks Net Non-Space Total: 52,125.00 Mobile to target local high schools and colleges Net Agreement Total: 578,525.00 Configured GRP/ Advertising No.of Market Media/Location(s) Spots*** Size IMP 18+ Units Period Periods * Period Cost Fresno,CA Bulletins/UnitHA x 1 03/25/24-05/19/24 2.00 4W 52,000.00 Divisadero 200 ft E/O Fi St S/S F/W Fresno,CA Bulletins/Unitt/68187A-I NA 14'x48' 1 03/25/24-05/19/24 2.00 4W 52,000.00 Mckinlcy 90I1 E/O Fresno S/S F/E Fresno,CA !3ullctins/Unit#4459-1 NA 14'x48' 1 05/20/24-O6/10/24 1.00 4W 52,000.00 Blackstone 300 tt S/O Mckinlcy W/S FIN Fresno,CA Bulletins/Unit#6819313-2 NA 14'x48' 1 05/20/24-00/16/24 1.00 4W 52,000.00 Shaw 1050 A W/O Brawlcy N/S F/W Fresno,CA Bulletins NA 14'I1 Y 48'W UNIT 1 12/04/23-07/14/24 9.00 4W 50.00 S/A Bonus Customer Ref# 0 Special Instructions: Posters to rotate in the county cities every 4 or 8 weeks Mobile to target local high schools and colleges Exhibit I-A Configured GRP/ Advertising No.of Market Media/Location s Spots*** Size IMP 18+ Units Period Periods * Period Cost Fresno,CA Mobile Ads NA PACKAGE 1 12/04/23-05/19/24 6.00 4W S1,o00.00 Fresno,CA Digital Bulletins!#400 Hwy 168 N/O Dakota F/N 9 UNIT 1 01/01/24-07/14/24 7.00 4W $3,200.00 Customer Ref# 0 Special Instructions: Posters to rotate in the county cities every 4 or 8 weeks Mobile to target local high schools and colleges Period Cost Total No.of T-rax vatut Period Market/Media Specifications #Units Copy Size S .Ft. Dates Periods # n=Barter Valaa Total Fresno,CA 23 10/30/23 1.00 OT 52,125.00 $2,125.00 Production Costs Ref,Space Contract# Total Net Amount: $2.125.00 Customer Ref# 0 Total Shipping Cost: WOO Special Instructions: Totat Sales Tax: 50.00 Posters to rotate in the county cities every 4 or 8 weeks Mobile to target local high schools and colleges Net Nun-Space Total: 52,125.00 Exhibit I-A Production information Fxt. Configured Copy Due Shipping Fab Market Media/Location(s) Spots*** Size Date OuanlitY Shipping Address Service AF Per Sq Pt Fresno,CA Posters Posters/Fresno County NA 10'5 PI x 22 9V7/23 5 OUTFRONT Media 5679 Fast Shields Ave. Fresno,CA 93727 (559)292-9300 Alin Outdoor Operations Fresno,CA Bulletins/Unitit 498510-1 NA 14'x48' 11/17/23 1 OUTFRONT Media Clovis 500 R N/O Clinton E/S F/N 5678 East Shields Ave. Fresno,CA 93727 (559)292-8300 Alin Outdoor Operations Fresno,CA Bulletins/Unittl499110-1 NA 14'x48' 11/17/23 1 OUTFRONT Media Ventura 1000 Il W/O Cedar N/S F/W 5678 Fast Shields Ave. I'resno,CA 93727 (559)292-8300 Alin Outdoor Operations Fresno,CA Bulletins/Unitit 5417A-I NA 14'x48' 01/15/24 1 OUTFRONT Media First&Lamona W/S F/S 5678 East Shields Ave. I'resno,CA 93727 (559)292-8300 Alin Outdoor Operations Fresno.CA Bulletins/Unit0 497820-2 NA 14'x48' 01/15/24 1 OUTFRONT Media Shaw Ave 200 ft E/O El Capitan S/S F/W 5678 Fast Shields Ave. Fresno,CA 93727 (559)292-8300 Alin Outdoor Operations Exhibit I-A Production Information Ext. Configured Copy Due Shipping Fab Market Media/Location(s) I Soots'""I Size Date Quantity I Shipping Address Service AE Per Sq Ft Fresno,CA Bulletins/UniO 499310-1 NA 14'x48' 03/11/24 1 OUTFRONT Media Divisadcro 200 ft E/O I I St S/S F/W 5678 East Shields Ave. Fresno,CA 93727 (559)292-8300 Alin Outdoor Operations Fresno,CA Bulletins/UnitH 68187A-1 NA 14'x48' 03/11/24 1 OUTFRONT Media Mckinlcy 90 ft E/O Fresno S/S F/E 5678 East Shields Ave. Fresno.CA 93727 559)292-8300 Alin Outdoor Operations Fresno,CA Bulletins/Unittl4459-1 NA 14'x48' 05/06/24 1 OUTFRONT Media Blackstone 300 ft S/O Mckinlcy W/S FIN 5678 East Shields Ave. IFresno,CA 93727 i(559)292-8300 Alin Outdoor Operations 1 Fresno,CA Bulletins/Unitft 68193B-2 NA 14'x48' 05/06/24 1 I UTFRONT Media Shaw 1050 ft W/O Brawlcy N/S F/W 5678 East Shields Ave. Fresno.CA 93727 (559)292-8300 Alin Outdoor Operations Fresno.CA Bulletins NA 14'11 Y 48'u 11/17/23 1 OUTFRONT Media %/A Bonus 5678 East Shields Ave. Fresno,CA 93727 (559)292-8300 Alin Outdoor Operations I?xt. Configured Copy Due Shipping Fab Market Media/Location(s) So "`ots'" Size Dale Quantity Shinoinc Address Service AE Per Sq Ft Fresno, .A Mobile Ads NA 11/17/23 1 Fresno.CA Digital Bulletins/0400 I lwy 168 N/O Dakota FIN 9 12/15/23 1 Cfi)Fresno Digital Outdoor ;'onwel your OUTFRONT A E Fresno,CA "Period Codes:M=Monthly;W=Weekly;4 W=4 Weeks;D=Daily;OT=One Time TF=Till Forbid"""Configured Spots is the maximum number of spots on a digital display