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HomeMy WebLinkAboutAgreement A-20-024 with The Regents UCSD.pdf-1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A G R E E M E N T THIS AGREEMENT is made and entered into this 7th day of January, 2020, by and between the COUNTY OF FRESNO, a Political Subdivision of the State of California, hereinafter referred to as "COUNTY", and The Regents of the University of California, on behalf of its University of California, San Diego School of Medicine, Moores Cancer Center, a California constitutional corporation and educational institution, whose address is 9500 Gilman Drive, 0905, La Jolla, California, 92093-0905, hereinafter referred as "CONTRACTOR". W I T N E S S E T H: WHEREAS, COUNTY, through its Department of Public Health, is in need of local statistically significant data and analysis on young adults’ attitudes and perceptions of tobacco and related products; and WHEREAS, CONTRACTOR, has the facilities, equipment and personnel skilled in the provision of such services and is qualified and willing to provide such services, pursuant to the conditions of this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein contained, the parties hereto agree as follows: 1.OBLIGATIONS OF THE CONTRACTOR CONTRACTOR shall perform all services identified in Exhibit A, attached hereto and incorporated herein by this reference. 2.TERM The term of this Agreement shall become effective upon execution and shall terminate on June 30, 2021. 3.TERMINATION A.Non-Allocation of Funds - The terms of this Agreement, and the services to be provided hereunder, are contingent on the approval of funds by the appropriating government agency. Should sufficient funds not be allocated, the services provided may be modified, or this Agreement terminated, at any time by giving the CONTRACTOR thirty (30) days advance written Agreement No. 20-024 1 IN WITNESS WHEREOF, he parties hereto have executed this Agreement as of the day and year first 2 here inabove written . 3 CONTRACTOR: UC San Diego School of Medicine 4 5 6 l~..,....--,..~----------awa 7 tin~ Officer 8 9 Mailing Address : 10 9500 Gilman Drive, MC 0602 La Jolla, CA 92093-0602 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FOR ACCOUNTING USE ONLY: Fund :0001 Subclass : 10000 ORG : 56201552 Account: 7295 COUNTY OF FRESNO: £Erne:e'u*Me~Chi~ -9- Board of Supervisors of the County of Fresno ATTEST: Bernice E . Seidel Clerk of the Board of Supervisors County of Fresno, State of California Terms and Conditions: Data Ownership : Data w ill be co llected as part of the larger California Student Tobacco Survey (CSTS), which is funded by the Californ ia Department of Public Health (CDPH). Therefore, all data are owned by CDPH; they can be accessed with the approval of CDPH, subject to rules protecti ng the confidentiality of survey participants . UCSD will help prepare the data for the county to use once CDPH has given the approval. UCSD retains the right to analyze the data from all counties as part of the CSTS analytic work to understand the tobacco use pattern in Californ i a, and to publish the results in scientific journals. UCSD shall not be responsible for low partic ipation rates of county schools that lim it the interpretability of the results for the county . Methods, procedures, i nnovations, and equipment developed and employed by UCSD for the project shall remain the sole property of UCSD . Each party shall defen d, indemnify and hold the other party, its officers, employees, and agents harmless from and aga inst any and all liabil ity, loss, expense ( nclud1ng attorneys' fees), and claims for injury or damages arising out of the performance of this Quote, but only in proportion to and to the extent su ch liabili ty, loss, expense, attorneys' fees, or cla ims for injury (including death) or damages are caused by or result from the negl igent or intentional acts or omissions of the indemnifying party, Its officers, employees, or agents. UCSD will use the standard practice of data suppress ion for aggregate reporting in wh ich subgroup ana lyses wi ll be considered only if the information can be presented in ways that protect the identities, privacy, and personal information of ind·vidual students, teachers, administrators, or schools . Client sha ll promptly inspect completed work and notify UCSD of any errors or discrepancies within thirty (30) days of rece ·pt. Fa il ure to provide timely notif icat io n to UCSD, or providing payment for serv ices which Client had opportunity to inspect, shall be considered acceptance of such serv ices . UCSD DOES NOT GUARANTEE RESULTS, OR SPECIFIC PERFORMANCE UNDER ANY CIRCUMSTANCE. IN NO EVENT SHALL UCSD'S TOTAL LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY THE CLIENT FOR THE SERVICES. To accept this quotation, sign here and return: I -<t'-)...0 l.6 Signature Date ATTEST: BERNICE E . SEIDEL Clerk of the Board of Supervisors County Fre~no , tate of California By_____cy~~~~~t;;.,...... __ Deputy University of California, San Diego 2