HomeMy WebLinkAboutAgreement A-19-111 with California Complete Count - Census 2020.pdfAgreement No. 19-111
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES .-----------------------------,
STANDARD AGREEMENT AGREEMENT NUMBER
CCC-18-20007
PURCHASING AUTHORITY NUMBER (If Applicable)
STD 213 (Rev. 10/2018}
1. This Agreement is entered into between the Contracting Agency and the Contractor named b.elow:
CONTRACTING AGENCY NAME
Government Operations Agency-California Complete Count -Census 2020
CONTRACTOR NAME
Fresno County
2. The term of this Agreement is:
START DATE
March 1, 2019 (or upon execution, whichever occurs later)
THROUGH END DATE
December 31, 2020
3. The maximum amount of this Agreement is:
One million eighty-eight thousand four hundred and forty-three dollars and zero cents ($1,088,443.00)
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.
E~HIBITS TITLE PAGES
Exhibit A Statement of Work 10 '
ExhibitB Budget Detail and Payment 'Provisions 2
Exhibit(* General Terms and Conditions 1
ExhibitD Special Terms and Conditions 6
Items shown with an asterisk("), are hereby Incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at www.dgs.ca.gov/ols/resources/standardcontract/anguage.aspx
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 ATTEST:
CONTRACTOR SUSINESS ADDRESS
2281 Tulare Street, Room 304
'BERNICE E. SEIDEL
Clerk of the Board of Supervisors
County of Fresno, State of California
-P""'"RI_N_TE_D_N_A ___ M_E_O_F-PE-R-SO_N_S_IG_N_I_NG___ B~ d\.~ ~ ,.. Deputy
Nathan Magsig C,
CONTRACTOR AlJTHORIZED SIGNATURE
STATE OF CALIFORNIA
. CONTRACTING AGENCY NAME
Government Operations Agency -California Complete Count-Census 2020
CONTRACTING AGENCY ADDRESS
400 R Street, Suite 359
PRINTED NAME OF PERSON SIGNING
Sara Murillo
CITY
Fresno
STATE
CA
ZIP
93721
TITLE Chairman of the Board of Supervisors
ofthe County of Fresno
DATE SIGNED
CITY
Sacramento
TIRE
STATE
CA
Assistant Director of Administration
DATE SIGNED ,.
2 ~//
EXEMPTION (If Applicable)
APR 12 2019
ADMINISTRATIVE OFFICE
ZIP
95811
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007
Page 1 of 19
EXHIBIT A
(Standard Agreement)
STATEMENT OF WORK (SOW)
County of Fresno, herein called (Contractor) is entering into this agreement with the
California Complete Count Census 2020 (CCC Office), hereinafter referred to as “State or
CCC Office” to provide marketing and outreach services on behalf of the State as described
herein.
1. BACKGROUND
The California Complete Count Census 2020 effort is a statewide outreach and awareness
campaign designed to ensure an accurate and complete count of all Californians in the
upcoming 2020 United States Census. The 2020 Census is the decennial census, mandated
by Article 1, Section 2 of the United States Constitution. The results are used to allocate
Congressional seats, electoral votes, and government program funding to state and local
governments. Just based on the funding component, a census that undercounts Californians
could cost the state billions of dollars. For every Californian missed during the Census 2020
count, the State is expected to lose approximately $1,950 per person, per year, for 10 years,
in federal program funding.
In preparation for the 2020 census, Governor Brown issued an Executive Order (B-49-18)
describing California’s Census 2020 initiative. T he Executive Order established a California
Complete Count Committee to develop, recommend, and assist in the administration of a
census outreach strategy to encourage full participation in the 2020 Census. The California
Complete Count outreach strategy is funded by a Budget Bill, which allocated $90.3 million
in the state budget for efforts related to the upcoming 2020 Census. The State has authorized
$26.5 million of those funds to be directed towards county-based outreach efforts.
2. PURPOSE
The State’s 2020 Complete Count Census outreach campaign will focus on both the
geographic areas and demographic populations who are “least likely to respond”. These
areas and populations are commonly referred to as “hard -to-count (HTC).” The terms “least
likely to respond” and “HTC” are often used interchangeably.
This program aims to address the following goals:
Increase awareness and knowledge about the 2020 Census in HTC communities and
populations;
Deliver focused messages via trusted messengers in trusted environments about the 2020
Census process to HTC areas and populations concentrated in Census tracts that are lease
likely to respond.
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007
Page 2 of 19
Ensure that all outreach, messaging and publicity is culturally relevant and linguistically
appropriate;
Support the California Complete Count statewide community outreach and media relations
efforts through a strategy that is focused, timely, cost-effective and tailored to addressing
barriers that prevent HTC communities and populations from completing and returning their
forms;
Complement as well as add value to the outreach, messaging and advertising pro vided by
the U.S. Census Bureau;
Work collaboratively with a network of community-based organizations, other local
governments and others across sectors; and
The ultimate goal is to ensure that HTC/least likely to respond communities and populations
in California are accurately counted in the 2020 Census, thereby achieving the highest self-
response rate possible for California.
3. OBJECTIVES
The local county office (herein called Contractor) will collaborate and work with other
contracted community-based-organizations (CBOs) and State media contractor(s) to inform
the general public of the importance of completing the census questionnaire. The goal is to
avoid duplication, identify outreach gaps and fill them accordingly. Contractor will implement
outreach to encourage full participation and avoid an undercount as stated in the Governor’s
Executive Order B-49-18.
A. THE STATE’S OUTREACH OBJECTIVES ARE:
1. To further promote awareness about the census, the process, its pre-notice advisory,
the questionnaire and the key deadlines.
2. To publicize locations where the public may receive information regarding the census
in their native language and assistance completing the census questionnaire.
Locations may include neighborhood Questionnaire Assistance Centers (QACs),
Questionnaire Action Kiosks (QAKs), and other venues. A QAC can be established at
a public venue such as a library, school, or post office staffed with knowledgeable
personnel that can assist the public with completing the census questionnaire, and
answer questions related to the Census 2020.
3. To motivate all Californians to complete and return their questionnaires by explaining
in ways that are relevant to them what the census means to California, and when
possible, to their counties and cities.
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007
Page 3 of 19
4. To focus funding and efforts in geographic areas and demographic populations who
are least likely to respond including, but not limited to:
• Latinos
• African-Americans
• Native Americans and Tribal Communities
• Asian-Americans & Pacific Islanders (API)
• Middle-Eastern North Africans (MENA)
• Immigrants and Refugees
• Farm-workers
• People with Disabilities
• Lesbian, Gay, Bisexual, Transgender, and Queer/Questioning (LGBTQ)
• Seniors/Older Adults
• Homeless Individuals and Families
• Children Ages 0-5
• Veterans
• Areas with low broadband subscription rates and limited or no access
• Households with limited English proficiency
B. THE CONTRACTOR SHALL ACHIEVE THE FOLLOWING OBJECTIVES:
EDUCATE
1. Inform the public about the census process, purpose and timeline.
2. Inform the public of the importance of the census. The State will receive billions of
dollars of federal funds for education, health care, job training, transportation and other
vital services based on the census numbers. The federal government also uses
census data to determine how to apportion the House of Representatives seats
among states.
3. Inform the public that the census data is confidential. No one except sworn U.S.
Census Bureau (“Census Bureau”) employees can see the complete census
questionnaire forms or link names to responses. The Census Bureau requires that
any individuals with access to census materials adhere to strict confidentiality and
security guidelines. The law, Section 214 of Title 13, “Wrongful Disclosure of
Information,” sets forth severe penalties applicable to federal government officials and
local government census liaisons if they misuse information they receive from the
census responses. These penalties include fines up to $5,00 0, 5 years in prison, or
both. The Census Bureau’s dedication to confidentiality plays an important role in
everything it does. All employees must pass a security and employment reference
check, swear they are not employed as tax collectors or assessors o r law enforcement
officials and establish they have no felony convictions as adults. The Census Bureau
employs a host of safeguards, such as electronic barriers and secure telephone lines,
to block outside access to any confidential information in Census Bureau computers.
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007
Page 4 of 19
4. Identify areas and populations within Contractor’s local jurisdiction that are least likely
to respond, as identified in Task 1.2.
5. To establish, manage, and announce locations where the public may receive
information regarding the census in their native language and assistance completing
the census questionnaire. Locations may include neighborhood QAC’s and QAK’s.
MOTIVATE
6. Eliminate the fear of completing the census questionnaire. Instill trust that the
government will not use this data in a negative way. No one outside the Census
Bureau can ever be given any information to link names to addresses on the census
questionnaire. Not even the President of the United States is permitted to look at
individual census records.
7. Utilize trusted messengers and sources to encourage members of the public to
participate in the census by completing their census questionnaire.
8. Establish comfortable environment(s) and settings early on an d leading to the Census
2020 to encourage the public to participate in the census, following the education
phase. Continue to educate and inform on the importance of the census as a
motivator.
9. Where possible, Contractor should assess messaging efforts, outreach and tools.
ACTIVATE
10. Engage trusted messengers in trusted environments to help the public participate in
the census.
11. Conduct and participate in community gatherings and other forums to rally the public
to participate in the census.
12. Collaborate with other stakeholders and across sectors to activate the public to
participate in the census process by filling out the census questionnaire.
4. STRATEGIC OUTREACH DEVELOPMENT AND IMPLEMENTATION
Contractor shall design and implement a multi-faceted, multi-channel, multi-lingual cohesive
strategic outreach plan to reach all census audiences in California. The overarching strategic
plan should address broad census goals and objectives and specific outreach strategies, as
well as integrate with other outreach efforts. The plan shall be submitted to the CCC Office
as described in Task 1.
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007
Page 5 of 19
5. RESPONSIBILITIES & REQUIREMENTS
The board resolution, order, motion, ordinance or similar document shall be approved by the
State before the parties can enter into a valid contract. The Contractor shall not perform any
tasks prior to contract execution. A list of all tasks and deliverables are set forth below.
Administrative Requirement - Board Resolution
Each county is required to have a Board legally binding resolution, order, motions or
ordinance or similar document from the local governing body authorizing execution of
the agreement.
Task 1 -- Strategic Plan
Within sixty (60) days of entering into contract, the Contractor must provide the State
with the Contractor’s Strategic Plan, which shall address subtasks 1.1 through 1.11.
The CCC Office must approve (in writing) the Strategic Plan.
1.1 Outreach Plan – Contractor shall provide a plan that includes a local,
grassroots approach to reaching the least likely to respond with specific
strategies, tactics and timeline(s), as well as description of specific
collaboration(s), partnership(s), and leveraging of resources to achieve the
highest self-response rate on the census 2020 questionnaire. Further
components are listed below:
1.2 Approach -- Contractor shall describe its approach to outreach, including:
• Identification of least likely to respond areas and populations vis-a-vis
census tracts within the local jurisdiction.
• Describe research methodology used to identify HTC/least likely to
respond populations, barriers, challenges and opportunities for
outreach
1.3 Partnership Coordination -- Contractor shall provide a plan showing its
integrated and coordinated approach working with the US Census Bureau,
the CCC Office, cities, schools, CBOs, and other civil society organizations
to avoid duplication and to identify methodology to address gaps.
1.4 Resources and Infrastructure -- Contractor shall provide a primary designee
who has geographic information systems (GIS) knowledge that will interface
with the Statewide Outreach and Rapid Deployment (SwORD) mapping
portal.
Contractor shall also provide a plan for establishing, managing, and
announcing QACs and/or QAKs which should include locations and
resources. Contractor shall work with their assigned State RPM to activate a
reasonable number of QACs/QAKs within their local jurisdiction.
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007
Page 6 of 19
1.5 Contractor shall provide geospatial data or mapping of the following:
• County HTC/least likely to respond areas
• County resources/office to be leveraged in outreach to the HTC/least
likely to respond
• Potential partners including CBOs and any other partners across
various sectors
1.6 Language Access Plan – California has over 200 non-English languages
spoken across the state. Contractor shall provide a plan that includes
strategies, tactics and resources, including partnerships, to address
language access in the local jurisdiction.
1.7 Local Complete Count Committee (LCCC) -- Structure of the county’s LCCC
and organization chart, if available.
1.8 Workforce Development -- Plan describing how the county may assist the
U.S. Census Bureau with local hiring of census enumerators and other
personnel. Based on previous census efforts, it is known that hiring locally
for these critical jobs is an important factor in establishing trusted
messengers that may impact the enumeration p ositively.
1.9 Budget -– Contractor shall provide a budget proposal of the County’s
allocated funding provided by the State including, but not limited to:
• Administrative costs (not to exceed 10% of total allocation)
• Outreach (e.g. events, meetings, materials, etc.)
• Media
1.10 Timeline of activities during the term of this contract.
1.11 Contractor to describe its plan to measure results throughout the contract
such as:
• Accountability Measures
• Data to be collected – Type and Quantity
• Evaluation Methodology/Approach
Task 2 - Monthly Meetings
2.0 Immediately upon contract execution, the Contractor shall participate in
monthly in-person meetings or phone calls with the area’s assigned State
Regional Program Manager (RPM) to discuss operations and provide
updates of the strategic plan and progress. The monthly meetings shall
continue through September 30, 2020. The Contractor shall be responsible
for scheduling monthly meetings with the RPM.
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007
Page 7 of 19
Task 3 - Quarterly Written Reports
3.0 Immediately upon contract execution or starting April 1, 2019, whichever
comes later, the Contractor shall provide written quarterly reports to the
assigned RPM. The quarterly written reports must include:
• Information for SwORD data uploads, upon request by the RPM
• Language access plan updates
• Calendar and event updates
• Budget Update
• Other criteria to be determined by the RPM (e.g. Activity Summary,
Deliverable Status, Concerns/Issues)
Task 4 - Implementation Plan
4.0 An Implementation Plan is due by September 30, 2019. The Implementation
Plan shall include:
• Overview of outreach and marketing/communications
• List of subcontractors, including address, audience reached
• Non-Response Follow-Up (NRFU) Period Plans and Activities,
specifically during the May- August 2020 timeframe
• Update on Task 1.11
Task 5 - Final Report
5.0 A final report is due on September 30, 2020. At a minimum, the final report
shall include:
• Local response outcome including specific self-response rate
• Overview of NRFU activities
• Detailed report on strategies, tactics and timeline(s) used throughout
the outreach campaign
• Lessons learned and best practices that may inform subsequent
census outreach efforts in the local jurisdiction and, if appropriate,
across California
• Evaluations, criteria used and further recommendations for 2030
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007
Page 8 of 19
6. PROJECT REPRESENTATIVES DURING THE TERM OF THIS AGREEMENT
Direct all financial and administrative inquiries to:
State (Regional Program Manager):
Name: Emilio Vaca
Telephone
Number: (916) 200-5842
Address 400 R Street, Suite 359
Sacramento, CA 95811
E-mail
address emilio.vaca@census.ca.gov
Contractor: Fresno County
Name: Sonia M. De La Rosa
Telephone
Number:
(559) 600-1222
Address 2281 Tulare Street, Room 304
Fresno, CA 93721
E-mail
address
sdelarosa@fresnocountyca.gov
State:
Name: Sara Murillo, Assistant
Director of Administration
Telephone
Number:
(916) 852-2020
Address 400 R Street, Suite 359
Sacramento, CA 95811
E-mail
address
sara.murillo@census.ca.gov
Contractor: Fresno County
Name: Sonia M. De La Rosa
Telephone
Number:
(559) 600-1222
Address 2281 Tulare Street, Room 304
Fresno, CA 93721
E-mail
address
sdelarosa@fresnocountyca.gov
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007
Page 9 of 19
7. DELIVERABLE SCHEDULE
Milestone Payment Amount Timeline
1 Board Resolution
(Upon contract execution)
10% of Total Contract
Amount, less 10% withhold
Upon Receipt by the
State
2 Strategic Plan 35% of Total Contract
Amount, less 10% withhold
Upon State Approval
3 First Quarterly Report 10% of Total Contract
Amount, less 10% withhold
April 1, 2019
4 Second Quarterly Report 10% of Total Contract
Amount, less 10% withhold
July 1, 2019
5 Third Quarterly Report /
Implementation Plan (January
2020- July 2020)
25% of Total Contract
Amount, less 10% withhold
September 30, 2019
6 Completion / Results of Outreach
(Final plans for Census week of
outreach events)
Release of Withhold
February 15, 2020
7 NRFU Plan 5% NRFU Plan April 15, 2020
8 Final Report 5% of Total Contract
Amount
September 30, 2020
8. DOCUMENTS AND DELIVERY
1. Document Format
a. All documents shall be provided in a format compatible with the State Census
Office standard applications (currently, Microsoft Office and Adobe). In all cases,
the Contractor shall verify application compatibility with the State Contract
Manager prior to creation or delivery of any document. Any deviations to these
standards shall be approved by the State’s Contract Manager.
b. The delivery media shall be compatible with the State storage devices.
(currently, USB Flash Drives or CD/DVD ROM)
c. Contractor shall have the capability to collect and store data in formats such as
Excel, .csv or others used in geographic information systems.
d. Internet access is required.
2. Electronic and hard copy submissions:
a. One (1) electronic copy and two (2) hard copies of all documents are to be
submitted to:
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007
Page 10 of 19
California Complete Count – Census 2020
Attn: Contracts Unit
Agreement # CCC-18-20007
400 R Street, Suite 359
Sacramento, CA 95811
Contracts@census.ca.gov
9. SUBSTITUTE PERSONNEL
1. If the Contractor’s assigned representative is unable to perform their duties due to
illness, resignation, other factors beyond the Contractor’s control, or upon mutual
agreement of the Parties, the Contractor shall make every reasonable effort to provide
suitable substitute personnel. If the Contractor is unable to provide a substitute, or if
the State does not approve of the substitute, either the Contractor or the State may
terminate this Agreement with a 30-day advance written notice.
2. If the addition or substitution of Contractor personnel does n ot increase the total cost
of the Agreement, no amendment shall be required to make this change(s) to the
Agreement.
10. TERM OF AGREEMENT
This Agreement will commence on the start date as noted on the Standard Agreement, STD
213, or the date approved by the State Census Office, whichever is later, and no work shall
begin before that time. The Contractor shall not receive payment for work performed prior to
approval of the Agreement and before receipt of notice to proceed by the State Contract
Manager. This Agreement shall expire on the date noted on the STD 213.
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007
Page 11 of 19
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
1. INVOICING AND PAYMENT
For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees
to compensate Contractor for actual expenditures in accordance with the rates/costs specified
herein.
BREAKDOWN OF PAYMENT Total Allocation: $1,088,443
Milestone Payment
Percentage Invoice Amount
Actual
Payment
(Less Withhold)
Payment
Date
1 Board Resolution** 10% $108,844.30 $97,959.87 Upon Receipt
2 Strategic Plan** 35% $380,955.05 $342,859.55 Upon State
Approval
3 Quarterly Report** 10% $108,844.30 $97,959.87 April 1, 2019
4 Quarterly Report** 10% $108,844.30 $97,959.87 July 1, 2019
5
Implementation Plan
(January 2020- July
2020) **
25%
$272,110.75 $244,899.67 September
30, 2019
6 Implementation
Outreach
Release of
Withhold
$97,959.87
7 NRFU Plan 5% $54,422.15 $54,422.15
8 Final Report 5% $54,422.15 $54,422.15 September
30, 2020
Total Contract: $1,088,443.00
** Payments shall include a 10% withhold pursuant to Public Contract Code section 10346.
Contractor will be paid for satisfactorily completing each task through a series of progress
payments. Pursuant to California Public Contract Code section 10346 and State Contract
Manual Vol. I, Section 7.33, each progress payment will contain a 10% withhold to be paid
according to the dates set forth in the table below.
A. In no event shall the Contractor request or be entitled to reimbursement from the
State for obligations entered into or for cost(s) incurred prior to the effective date or
after this Agreement terminates.
B. The Contractor shall submit invoices, in accordance with the payment schedule
above. Invoices must include the following:
1) State Agreement number;
2) Invoice number;
3) Invoice date;
4) Invoice total;
5) Contractor’s remittal address;
6) Billing and/or performance period covered by invoice;
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007
Page 12 of 19
C. Invoices shall be submitted physically to the address listed below:
California Complete Count – Census 2020
Administration Office
Agreement # CCC-18-20007
400 R Street, Suite 359
Sacramento, CA 95811
2. BUDGET CONTINGENCY
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 the Contractor or to furnish any
other consideration under this Agreement, and the 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 to the Contractor to reflect a
reduction in the 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.
4. TIMELY SUBMISSION OF FINAL INVOICE
A. A final undisputed invoice that is clearly marked “Final Invoice” shall be submitted for
payment no more than thirty (30) calendar days following the expiration or termination
date of this Agreement.
B. If the State disputes the Final Invoice or any item in the Final Invoice, the State shall
provide written notice to the Contractor describing the reason or reasons the State
disputes the Final Invoice, and the Contractor shall be required to submit a corrected
Final Invoice to the State no later than ten (10) calendar days after the date the
Contractor received the State’s written notice.
C. If the Contractor fails to submit a corrected Final Invoice within the time required, or if
the Contractor’s corrected Final Invoice fails to correct the disputed item, the State
shall have the right to elect to deny payment of the disputed item and pay only the
undisputed amounts under the Final Invoice.
D. The State may, at its discretion, choose not to honor any final invoice submitted after
the deadline specified in Exhibit B, Budget Detail and Payment Provisions Section 5.A
above if the Contractor fails to obtain prior written State approval of an alternate Final
Invoice submission deadline.
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007
Page 13 of 19
EXHIBIT C
GENERAL TERMS AND CONDITIONS (GTC-04/2017)
The General Terms and Conditions are herein incorporated by reference and are
available at the Internet site:
https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017-
FINALapril2017.ashx?la=en&hash=04E212331938533CCF1EC73EB0BC1FDCBADAC
601
SEE PAGES THAT FOLLOW
GTC 04/2017
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and
approved by the Department of General Services, if required. Contractor may not commence
performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid
unless made in writing, signed by the parties and approved as required. No oral understanding or
Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in
part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services,
the Bureau of State Audits, or their designated representative shall have the right to review and
to copy any records and supporting documentation pertaining to the performance of this
Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three
(3) years after final payment, unless a longer period of records retention is stipulated. Contractor
agrees to allow the auditor(s) access to such records during normal business hours and to allow
interviews of any employees who might reasonably have information related to such records.
Further, Contractor agrees to include a similar right of the State to audit records and interview
staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub.
Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its
officers, agents and employees from any and all claims and losses accruing or resulting to any
and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation
furnishing or supplying work services, materials, or supplies in connection with the performance
of this Agreement, and from any and all claims and losses accruing or resulting to any person,
firm or corporation who may be injured or damaged by Contractor in the performance of this
Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during
any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of
any payments should the Contractor fail to perform the requirements of this Agreement at the
time and in the manner herein provided. In the event of such termination the State may proceed
with the work in any manner deemed proper by the State. All costs to the State shall be deducted
from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to
the Contractor upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor,
in the performance of this Agreement, shall act in an independent capacity and not as officers or
employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of
perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public
Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the
State regardless of whether the product meets the requirements of Public Contract Code Section
12209. With respect to printer or duplication cartridges that comply with the requirements of
Section 12156(e), the certification required by this subdivision shall specify that the cartridges so
comply (Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor
and its subcontractors shall not deny the contract’s benefits to any person on the basis of race,
religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, sex, gender, gender identity, gender expression,
age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully
against any employee or applicant for employment because of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical condition, genetic
information, marital status, sex, gender, gender identity, gender expression, age, sexual
orientation, or military and veteran status. Contractor shall insure that the evaluation and
treatment of employees and applicants for employment are free of such discrimination.
Contractor and subcontractors shall comply with the provisions of the Fair Employment and
Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code
Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2
of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards
adopted by the awarding state agency to implement such article. Contractor shall permit access
by representatives of the Department of Fair Employment and Housing and the awarding state
agency upon reasonable notice at any time during the normal business hours, but in no case less
than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information
and its facilities as said Department or Agency shall require to ascertain compliance with this
clause. Contractor and its subcontractors shall give written notice of their obligations under this
clause to labor organizations with which they have a collective bargaining or other agreement.
(See Cal. Code Regs., tit. 2, §11105.)
Contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES
contained in the document CCC 04/2017 are hereby incorporated by reference and made a part
of this Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in
compensation for all of Contractor's expenses incurred in the performance hereof, including
travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance
with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if
these services or goods are obtained by means of a competitive bid, the Contractor shall comply
with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or
materials by the State or any of its political subdivisions or public agencies on whose behalf the
Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the
Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public
purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is
accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of
action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, materials, or services by the
bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and
become effective at the time the purchasing body tenders final payment to the bidder.
Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or
settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor
shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand,
recover from the public body any portion of the recovery, including treble damages, attributable
to overcharges that were paid by the assignor but were not paid by the public body as part of the
bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code
Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such
demand, reassign the cause of action assigned under this part if the assignor has been or may
have been injured by the violation of law for which the cause of action arose and (a) the assignee
has not been injured thereby, or (b) the assignee declines to file a court action for the cause of
action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the
contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall
fully comply with all applicable state and federal laws relating to child and family support
enforcement, including, but not limited to, disclosure of information and compliance with
earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5
of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment
orders of all employees and is providing the names of all new employees to the New Hire
Registry maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is
unenforceable or held to be unenforceable, then the parties agree that all other provisions of this
Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of
$200,000, the Contractor shall give priority consideration in filling vacancies in positions funded
by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200
in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING
REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation,
then Contractor must within 60 days of receiving final payment under this Contract (or within
such other time period as may be specified elsewhere in this Contract) report to the awarding
department the actual percentage of small business participation that was achieved. (Govt. Code
§ 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business
enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment
under this Contract (or within such other time period as may be specified elsewhere in this
Contract) certify in a report to the awarding department: (1) the total amount the prime
Contractor received under the Contract; (2) the name and address of the DVBE(s) that
participated in the performance of the Contract; (3) the amount each DVBE received from the
prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5)
the actual percentage of DVBE participation that was achieved. A person or entity that
knowingly provides false information shall be subject to a civil penalty for each violation. (Mil.
& Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER:
If this contract involves the furnishing of equipment, materials, or supplies then the following
statement is incorporated: It is unlawful for any person engaged in business within this state to
sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business
and Professions Code. (PCC 10344(e).)
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007
Page 14 of 19
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
1. PERFORMANCE COMMENCEMENT
This Agreement is of no force and effect until signed by both Parties.
2. RIGHT TO TERMINATE
The State reserves the right to terminate this Agreement without cause upon thirty (30)
days advance written notice to the Contractor. Contractor may submit a written request to
terminate this agreement only if the State should substantially fail to perform its
responsibilities as provided herein.
However, the State may terminate the Agreement for cause. The term “for cause” shall
mean that the Contractor fails to meet the terms, conditions, and/or responsibilities of the
Agreement. In this instance, the termination of the Agreement shall be effective as of the
date indicated on the State’s notification to the Contractor. In the event of such termination,
the State may proceed with the work in any manner deemed proper by State and all costs
to the State shall be deducted from any sum due to the Contractor under this agreement.
This parties may agree to suspend or cancel the agreement if the Contractor or State’s
premises or equipment are destroyed by fire or other catastrophe, or so substantially
damaged that it is impractical to continue service, or in the event the Contractor is unable
to render service as a result of any action by any governmental authority.
3. AMENDMENTS
Upon mutual consent, CCC Office and the Contractor may execute amendments to this
Agreement. No amendment or variation of the terms of this Agreement shall be valid unless
made in writing, and agreed upon by both parties and approved, as required. No verbal
understanding or agreement not incorporated into the Agreement is binding on any of the
parties.
4. POTENTIAL SUBCONTRACTORS
Nothing contained in this Agreement or otherwise, shall create any contractual relation
between the State and any subcontractors, and no subcontract shall relieve t he Contractor
of his responsibilities and obligations hereunder. The Contractor agrees to be as fully
responsible to the State for the acts and omissions of its subcontractors and of persons
either directly or indirectly employed by any of them as it is fo r the acts and omissions of
persons directly employed by the Contractor. The Contractor's obligation to pay its
subcontractors is an independent obligation from the State's obligation to make payments
to the Contractor. As a result, the State shall have no obligation to pay or to enforce the
payment of any moneys to any subcontractor.
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007
Page 15 of 19
5. CONTRACTOR STAFF EXPENSES
The Contractor represents that it has or shall secure at its own expense, all staff required
to perform the services described in this Agreement. Such personnel shall not be
employees of or have any contractual relationship with the California Complete Count –
Census 2020 or the State of California.
6. COPYRIGHT
All rights in copyright works created by the Contractor in the performance of work under
this contract are the property of the State.
7. INSURANCE REQUIREMENTS
A. General Provisions Applying to All Policies
1) Coverage Term – Coverage needs to be in force for the complete term of the contract.
If insurance expires during the term of the contract, a new certificate must be received
by the State at least ten (10) days prior to the expiration of this insurance. Any new
insurance must still comply with the original terms of the contract.
2) Policy Cancellation or Termination & Notice of Non-Renewal – Contractor and/or
Permittee is responsible to notify the State within five business days before the effective
date of any cancellation, non-renewal, or material change that affects required insurance
coverage. In the event Contractor and/or Permittee fails to keep in effect at all times the
specified insurance coverage, the State may, in addition to any other remedies it may
have, terminate this Contract upon the occurrence of such event, subject to the
provisions of this Contract.
3) Deductible – Contractor and/or Permittee is responsible for any deductible or self -insured
retention contained within their insurance program.
4) Primary Clause – Any required insurance contained in this contract shall be primary, and
not excess or contributory, to any other insurance carried by the State.
5) Insurance Carrier Required Rating – All insurance companies must carry a rating
acceptable to the Office of Risk and Insurance Management. If the Contractor and/or
Permittee is self-insured for a portion or all of its insurance, review of financial information
including a letter of credit may be required.
6) Endorsements – Any required endorsements requested by the State must be physically
attached to all requested certificates of insurance and not substituted by referring to such
coverage on the certificate of insurance.
7) Inadequate Insurance – Inadequate or lack of insurance does not negate the Contractor
and/or Permittee’s obligations under the contract.
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007
Page 16 of 19
8) Satisfying a SIR – All insurance policies required by this contract /permit must allow the
State to pay and/or act as the Contractor’s agent in satisfying any self-insured retention
(SIR). The choice to pay and/or act as the contractor’s agent in satisfying any SIR is at
the State’s discretion.
9) Available Coverages/Limits – All coverage and limits available to the Contractor shall
also be available and applicable to the State.
10) Subcontractors – In the case of Contractor and/or Permittee’s utilization of
subcontractors to complete the contracted scope of work, Contractor and/or Permittee
shall include all subcontractors as insureds under Contractor and/or Permittee’s
insurance or supply evidence of insurance to The State equal to policies, coverages and
limits required of Contractor and/or Permittee.
B. Insurance Requirements: The Contractor shall furnish to the State evidence of the
following required insurance:
1) Commercial General Liability – Contractor shall maintain general liability on an
occurrence form with limits not less than one -million dollars ($ 1,000,000.00) per
occurrence and two-million dollars ($ 2,000,000.00) aggregate for bodily injury and
property damage liability. The policy shall include coverage for liabilities arising out of
premises, operations, independent contractors, products, completed operati ons,
personal and advertising injury, and liability assumed under an insured Contract. This
insurance shall apply separately to each insured against which claim is made, or suit is
brought subject to the Contractor's limit of liability. The policy must nam e The State of
California, its officers, agents, and employees as additional insured, but only with respect
to work performed under the contract.
The policy must include the following additional ensured designation and endorsement:
“California Complete Count – Census 2020, State of California, its officers, agents,
and employees are included as additional insureds, but only with respect to work
performed under this contract.”
The endorsement must be supplied under form acceptable to the Office of Risk and
Insurance Management.
2) Automobile Liability – By signing this Agreement, the Contractor certifies that the
Contractor and any employees, subcontractors or servants possess valid automobile
coverage in accordance with California Vehicle Code Sections 16450 to 16457,
inclusive. The State reserves the right to request proof at any time).
3) Workers Compensation and Employers Liability – Contractor shall maintain statutory
worker’s compensation and employer’s liability coverage for all its employees who shall
be engaged in the performance of the Contract. Employer’s liability limits of $1,000,000
are required. When work is performed on State owned or controlled property the workers’
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007
Page 17 of 19
compensation policy shall contain a waiver of subrogation in favor of the State (Census).
A waiver of subrogation in favor of the State of California shall be provided.
4) Professional Liability Contractors shall maintain errors and omissions/professional
liability insurance with limits no less than $1,000,000 each occurrence and $3,000,000
annual aggregate covering any damages caused by negligent error, act, or omission.
The policy’s retroactive date shall be shown on the certificate of insurance and shall be
no later than the date of this contract or the date work under this cont ract begins.
Contractor is responsible for maintaining continuous coverage for up to three (3) years
after the notice of completion of the contract.
Subsequent renewals of the insurance certificate shall be sent to CCC Office, c/o
Census, Attn: Sara Murillo, 400 R Street, Suite 359, Sacramento, California 95811. This
name and address shall appear on the certificate as the certificate holder .
8. PERMITS AND LICENSES
The Contractor shall procure all permits and licenses, pay all charges and fees and give all
notices necessary and incidental to the due and lawful prosecution of the work.
9. POLITICAL REFORM ACT
The Contractor shall comply with the language stated in the Standard Contract Provisions
Concerning the Political Reform Act, Exhibit D, Attachment 2. Contractor shall file a
Statement of Economic Interests (Fair Political Practices Commission Form 700) upon
assuming office, annually, and within 30 days after leaving office.
10. SETTLEMENT OF DISPUTES
In the event of a dispute, the Contractor shall file a written d ispute notice with the State
Contract Manager within ten (10) State business days after discovery of the problem.
Pending resolution of any dispute, the Parties shall continue to perform under this
Agreement, and Contractor shall diligently continue all work and comply with all of the State
Contract Manager’s orders and directions.
A. The written dispute notice shall contain the following information:
1) The decision under dispute;
2) The reason(s) the Contractor believes the decision in dispute to have been in
error (if applicable, reference pertinent Agreement provisions);
3) Identification of all documents and substance of all oral communications that
support the Contractor’s position; and
4) The dollar amount in dispute, if applicable.
B. Upon receipt of the written dispute notice, the State Contract Manager will examine
the matter and issue a written decision to the Contractor within ten (10) State business
days. The decision shall contain the following information:
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007
Page 18 of 19
1) A description of the dispute;
2) A reference to pertinent Agreement provisions, if applicable;
3) A statement of the factual areas of the agreement or disagreement; and
4) A statement of the representative’s decision with supporting rationale.
C. The decision of the State Contract Manager shall be final unless, within thirty (30)
calendar days from the date of the receipt of the State Project Director’s decision,
the Contractor files with the State a notice of appeal addressed to:
California Complete Count Census 2020
Attn: Director
400 R Street, Suite 359
Sacramento, CA 95811
The decision of the Director or the Director’s designee shall be final.
11. ENTIRE AGREEMENT
This Agreement (including the Exhibits and documents incorporated into this Agreement
by reference) is the complete and exclusive statement of the Agreement between the
Parties relating to the subject matter of this Agreement and supersedes all prior contracts
or prior representations, oral or written, between the Parties relating to the subject matter
of this Agreement.
12. INCOMPATIBLE ACTIVITIES & STATEMENT OF ECONOMIC INTEREST FORM 700
A. The County Employee is subject to the following incompatible activities provision of
Government Code section 1126 during the term of this Agreement:
“(a) Except as provided in Section 1128 and 1129, a local agency officer or employee
shall not engage in any employment activity or enterprise for compensation which is
inconsistent, incompatible, in conflict with, or inimical to his or her duties as a local
agency officer or employee or with the duties, functions, or responsibilities of his or
her appointing power or the age ncy to which he or she is employed. The officer or
employee shall not perform any work, service or counsel for compensation outside his
or her local agency employment where any part of his or her efforts will be subject to
approval by any other officer, employee, board or commission of his or her employing
body, unless otherwise approved in the manner prescribed by subdivision (b).”
B. Any employment or other arrangement for compensated services by a county
employee performing services pursuant to this agreement with a community-based
organization or media service during the performance of this contract , shall be
deemed an incompatible activity within the meaning of Government Code section
1126, subdivision (a), and is prohibited during the term of this Agreement.
C. The Contractor staff is subject to the State’s conflict of interest laws, and as such will
be required to complete the Statement of Economic Interests, Form 700, prior to
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007
Page 19 of 19
performing any work under this Agreement, on an annual basis thereafter, and with in
30 days of leaving office: http://www.fppc.ca.gov/Form700.html. In addition, upon
Agreement award and every two (2) years thereafter, Contractor staff shall complete
the State’s online Ethics Training Course, as maintained by the California Office of the
Attorney General, and submit the certificate of completion to the State Project Director
or designee.
13. DATA SECURITY
Contractor will be required to sign a data security policy prior to uploading any data and/or
documents into SwORD. Contractor shall provide the signed policy to the CCC Office within
ten days (10) of receiving the document and request for signature.
14. PROTECTION OF STATE FINANCIAL, STATISTICAL, PERSONAL, TECHNICAL AND
OTHER DATA
All financial, statistical, personal, technical, and other data and information relating to the
State’s operation that are designated confidential by the State and made available to
County employee(s) in order to perform under this Agreement, or which become available
to County employee(s) in performing under this Agreement, shall be protected by the
Contractor and the County employee(s) from unauthorized use and disclosure through the
observance of the same or more effective procedural requirements as are applica ble to the
State. The identification of all such confidential data and information as well as the State’s
procedural requirements for protection of such data and information from unauthorized use
and disclosure shall be provided by the State in writing to the Contractor and the County
employee(s). If the methods and procedures employed by the Contractor and the County
employee(s) for the protection of the Contractor’s and County employee(s)' data and
information are deemed by the State to be adequate for the protection of the State’s
confidential information, such methods and procedures may be used with the written
consent of the State to carry out the intent of this paragraph. The Contractor and the County
employee(s) shall not be required under the provisions of this paragraph to keep
confidential any data or information that is or becomes publicly available, is already
rightfully in the Contractor or County employee(s)' possession, is independently developed
by the Contractor or the County employees outside the scope of this Agreement or is
rightfully obtained from third parties.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
Census 2020 Standard Agreement
Legistar 19-0288
Budget string for County Accounting purposes only
Fund No.: 0065
Subclass: 17239
Org No. 1134
Account No. 3575