HomeMy WebLinkAboutAgreement A-19-111-1 Census 2020.pdfSTATEOFCALIFORNIA-DEPARTMENTOFGENERALSERJICES
STANDARD AGREEMENT Agreement No . 19-111-1
3TD 213A (Rev . 07 /2019 ) AGREEMENT NUMBER
CCC-18-20007
AMENDMENT NU MBER Purchasing Author ity Number
(x]cHECK HERE IF ADDITIONAL PAGES ARE ATTACHED 29 PAGES
1. Th is Agreement is entered into between the State Agency and the Contractor named be low :
STATE AGENC Y NAME
Government Operations Agency -California Complete Count -Census 2020
CON TRACTOR NAME
Fresno County
The term of this Agreement is:
STAR T DATE
March 1, 2019 (or upon execution , whichever occurs later)
THROUGH END DATE
December 31 , 2020
1
2. The maximum amount of thisAgreement after th is Amendment is : $ 1,245 ,793 .00 (Amendment adds$ 157 ,350 .00 . )
One Million Two Hundred Forty Five Thousand Seven Hundred Ninety Three Dollars and Zero Cents
3. The part ies mutually agree to this amendment as follows . All actions noted be low are by this reference made a part of the Agreement and
incorporated herein :
A. This agreement amends the original agreement with revisions to Exhib it A , Exhibit 8 , and Exhibit D. Rev isions are outlined on page 1
of the attached 29 pages , titled Amendment 1.
8 . This agreement adds the following exhibits :
• Exhibit A , Attachment A -1, Additional Responsib ilities and Requirements Certification
• Exhibit D, Attachment D -1, Protection of Confidential and Sensitive Information
• Exhibit D, Attachment D -2 , Non-Disclosure Certificate
• Exhibit D , Attachment D -3 -Volunteer Release and Waiver of Liability
• Exhibit E -Equipment Purchases
C . This agreement adds $ 157 ,350.00 to the contract. The total amount of the contract will not exceed $ 1,245 ,793 .00.
All other terms and cond itions shall remain the same .
/NWITNESSWHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO .
CONTRACTOR
CONTRACTOR NAME (if other than an individual. state whether a corooration . oartne rshio . etc .)
C ATTEST : _F_re_s_n_o __ o_u_nt~y _______ BERNICE E. SEIDEL
CONTRACTOR BUSINESS ADDRESS Clerk of the Board of Supervisors
2281 Tulare Street , Room 304 County of Fresno , State of Californ ia
PRINTED NAME OF PERSON SIGNING By cf>~ ~ Deputy
Ernest Buddy Mendes
CONTRACTOR AUTHORIZED SIGNATUR ~
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
Government Operations Agency -California Complete Count -Census 2020
CONTRACT ING AGENCY ADDRESS
400 R Street, Suite 359
PRINTED NAMEOF PERSON SIGNING
Sara Murillo
CONTRACTING AGENCY AU THORIZED SIGNATURE
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL
CITY
Fresno
TI TLE
STATE ZIP
CA 93721
ha irman of the Board of Supervisors of the County of Fresno
DATE SIGNED
CITY
Sacramento
TITLE
I
STATE IZIP
CA 95811
Assistant D irector of Administration
DATE SIGNED
EXEMPTION (If Applicable )
Public Contract Code Division 2 , Part 2 ,
Chapter 11 , Section 19150
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007 Amendment 1
AMENDMENT 1
All changes made to this Agreement are highlighted in red font. All other terms and conditions shall remain
the same. All changes stated in this amendment supersede any previous language stated in the original
agreement.
Amendment Summary:
1. Modified language in Exhibit A - Statement of Work pages
2. Added Exhibit A, Attachment A – 1, Additional Responsibilities and Requirements Certification
3. Modified language in Exhibit B – Budget Detail and Payment Provisions
4. Modified language in Exhibit D - Special Terms and Conditions
5. Added Exhibit D, Attachment D – 1, Protection of Confidential and Sensitive Information.
6. Added Exhibit D, Attachment D – 2, Non-Disclosure Certificate
7. Added Exhibit D, Attachment D – 3, Volunteers Release and Waiver of Liability
8. Added Exhibit E, Equipment Purchases
1
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007 Amendment 1
2
EXHIBIT A
(Standard Agreement)
STATEMENT OF WORK (SOW)
Fresno County, 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. Additional
Contractor responsibilities and requirements are outlined in Exhibit A, Attachment A -1.
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. The 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.
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;
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007 Amendment 1
3
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 imp lement 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.
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
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007 Amendment 1
4
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 $5,000, 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 or 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 info rmation in
Census Bureau computers.
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 and 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.W here possible, Contractor should assess messaging efforts, outreach and tools.
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007 Amendment 1
5
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.
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.
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007 Amendment 1
6
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.
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 positively.
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
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007 Amendment 1
7
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.
Task 3 - Quarterly Written Reports
3.0 Immediately upon contract execution or starting April 1, 2019, whichever comes
later, the Contractor shall provide two written quarterly reports to the assigned
RPM, with the first due April 1, 2019 and the second due July 1, 2019 . 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 October 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 4.5 – Additional Funding Priorities for Outreach
4.5 See Exhibit A, Attachment A-1
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 Amendment 1
8
6.PROJECT REPRESENTATIVES DURING THE TERM OF THIS AGREEMENT
State (Regional Program Manager): Contractor: County
Name: Emilio Vaca
Mai Thao Name: Sonia M. De La Rosa
Telephone
Number:
(916) 200-5842
(916) 467-5870
Telephone
Number: (559) 600-1222
Address 400 R Street, Suite 359
Sacramento, CA 95811 Address 2281 Tulare Street, Room 304
Fresno, CA 93721
E-mail
address
emilio.vaca@census.ca.gov
Mai.Thao@census.ca.gov
E-mail
address sdelarosa@fresnocountyca.gov
Direct all financial and administrative inquiries to:
State: Contractor: County
Name: Sara Murillo, Assistant Director of
Administration Name: Sonia M. De La Rosa
Telephone
Number: (916)852-2020 Telephone
Number: (559) 600-1222
Address 400 R Street, Suite 359
Sacramento, CA 95811 Address 2281 Tulare Street, Room 304
Fresno, CA 93721
E-mail
address sara.murillo@census.ca.gov E-mail
address sdelarosa@fresnocountyca.gov
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007 Amendment 1
9
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
October 30, 2019
6
Completion / Results of Outreach
Implementation of Outreach
(Final plans for Census week of
outreach events)
Release of Withhold February
January 15, 2020
7 Opt-In Letter 100% of Augmented Funding Upon receipt of
Opt In Letter
8 NRFU Plan 5% NRFU Plan April 15, 2020
9 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.
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007 Amendment 1
10
2.Electronic and hard copy submissions:
a.One (1) electronic copy and two (2) hard copies of all documents are to be submitted to:
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 not 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 Amendment 1
11
EXHIBIT A, ATTACHMENT A – 1
ADDITIONAL RESPONSIBILITIES AND REQUIREMENTS
1.The CCC Office is augmenting the original funding allocation awarded to the Contractor to
facilitate and support five (5) additional funding priorities. Contractor’s additional responsibilities
and requirements are specified below in Table 1. Contractor agrees to perform these additional
responsibilities and requirements in exchange for the augmented funding authorized.
Table 1:
Contractor's Additional Responsibilities and Requirements:
1.
Contractor will use augmented funding to support the following five (5) funding priorities:
A.Printing of census collateral materials in languages that support the hardest to count
demographics and local outreach strategies approved in your Implementation Plan.
B.Providing in-language support at Questionnaire Assistance Centers and other outreach
activities focused on motivating hardest to count communities to complete the census
questionnaire. This focus should take into consideration Language and Communication
Access Plan requirements (LACAP).
C.Executing Census outreach activities in tracks (HTC 57+) where there are currently no
activities planned. Refer to Implementation Plan and SwORD database for identification
of these tracks.
D.Bolstering existing efforts in hardest to count census tracks to amplify the campaign’s
call to action of completing the census questionnaire online.
E.Establishing a contingency fund for rapid deployment of resources during the self -
response period, including but not limited to establishing Questionnaire Assistance
Centers and expanded hours, canvassing, phone banking, and other census outreach
activities that may be easily adjusted to focus on tracks that are below expected
response rates.
2. Contractor is required to update the activities related to additional funding into the SwORD
monitoring and reporting tool.
3.
2.Contractor agrees to the following administrative requirements:
•The Contractor shall cooperate with and take direction from the CCC Office and assigned State
RPM, which has final oversight over all outreach activities.
•All work and services shall be performed in good faith using reasonable care, skill and diligence
necessary to achieve an accurate and complete count.
•The RPM reserves the authority to change or redirect the budget and outreach plan during the
implementation and planning phases of the contract as needed.
•The Contractor shall coordinate and cooperate with other contracted entities, including
counties, media contractors, and other CBOs.
Augmented Funding: $ 157,350.00
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007 Amendment 1
12
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: $ 1,088,443.00 $ 1,245,793.00
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 Opt in Letter - $ 157,350.00 $ 157,350.00
8 NRFU Plan 5% $ 54,422.15 $ 54,422.15
9 Final Report 5% $ 54,422.15 $ 54,422.15 September 30, 2020
Original Total Contract: $ 1,088,443.00
Augmented Funding: $ 157,350.00
New Contract Total: $ 1,245,793.00
** 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% withho ld to be paid
according to the dates set forth in the table below above.
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 upon receipt of written approval of each deliverable
by the assigned Regional Program Manager, in accordance with the payment schedule
above. The CCC Office’s acceptance of each deliverable is required before invoicing and
payment of deliverables. The CCC Office may not be invoiced for any costs exceeding
the maximum amount identified for each specific deliverable. Any invoiced amount in
excess of the percentages listed above will not be paid by the CCC Office.
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007 Amendment 1
13
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;
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 provision s
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 p rovide
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 Con tractor 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 Provision s 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 Amendment 1
14
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=04E212331938533CCF1EC73EB0BC1FDCBADAC601
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007 Amendment 1
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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 the 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 for 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.
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.
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007 Amendment 1
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6.COPYRIGHT
All rights in copyright works created by the Contractor or any of its subcontractors 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.
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.
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007 Amendment 1
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11)Volunteers - In the case of Contractor and/or Permittee’s utilization of Volunteers to
complete the contracted scope of work, Contractor and/or Permittee shall take reasonable
steps necessary to extend insurance coverage for volunteers who are performing 2020
census outreach services. Coverage limits must be per occurrence as set forth herein for
commercial general liability, auto, and worker’s compensation. If the Contractor’s insurance
plan does not extend Workers’ Compensation Insurance and Automobile Liability Insurance
Coverage to volunteers and it would be unreasonable or a hardship for the Contractor to
obtain coverage, the Contractor shall require all volunteers to complete a Release and
Waiver of Liability (see attachment A).
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 operations, personal and advertising injury, and liability
assumed under an insured Contract. This insurance shall apply separat ely to each insured
against which claim is made, or suit is brought subject to the Contractor's limit of liability.
The policy must name 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’
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.
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007 Amendment 1
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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. Th e 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 contract 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.POLITICIAL 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.
9.SETTLEMENT OF DISPUTES
In the event of a dispute, the Contractor shall file a written dispute 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 er ror
(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:
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.
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007 Amendment 1
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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.
10.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.
11.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 agency 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 performing
any work under this Agreement, on an annual basis thereafter, and within 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 .
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007 Amendment 1
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11.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.
12.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 applicable 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 writ ing 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.
This shall apply to all Contractors whose terms with Census require or permit access to
Confidential or Sensitive Information in conducting business with Census or performing duties
under a Contract with Census. Contractor shall impose all the requirements of this provision
on all of its officers, employees, and Affiliates with access to Confidential and/or Sensitive
Information in accordance with Exhibit D, Attachment D-1. Also a Nondisclosure Certificate,
Exhibit D, Attachment D-2, must be signed by all personnel with access to Confidential and
Sensitive Information and submitted to Census prior to being allowed such access.
13.Background Checks
For anyone performing part of the Scope of Work for this Agreement (including contractor’s
employees, independent contractors, subcontractors or volunteers) who will have regular or
direct contact with minors (i.e., going door-to-door, volunteering alongside minors, attending
outreach events where minors are present), Contractor must verify that the worker is not on
any state or federal sex offender registry. Contractors may access records from the Megan’s
Law website (http://www.meganslaw.ca.gov/) to conduct a California state sexual offender
registry check. For a national sexual offender registry search, Contractors may access the
U.S. Department of Justice’s website (www.nsopr.gov) and/or the Federal Bureau of
Investigation’s website (www.fbi.gov/scams-safety/registry).
14.QAC/QAK ACCESSIBILITY REQUIREMENT
Contractor shall comply with the accessibility requirements of Section 508 of the
Rehabilitation Act of 1973 (Act), as amended (29 U.S.C. Sec. 794d), and regulations
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007 Amendment 1
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implementing that act as set forth in Part 1194 of Title 36 of the Code of Federal Regulations,
which requires Federal agencies to make their electronic and information technology (EIT)
accessible to people with disabilities. California Government Code section 7405 codifies
Section 508, requiring accessibility of EIT. To the extent that this contract falls within the
scope of Government Code Section 7405, Contractor hereby agrees to respond to and
resolve any complaint brought to its attention, regarding accessibility of its products or
services.
15.AMERICANS WITH DISABILITIES ACT
Contractor assures the state that Contractor complies with the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq).
16.ANTIDISCRIMINATION
As a recipient of State Funds, the CCC Office is required to comply with California
Government Code Section 11135, which prohibits discrimination against any person under
any program or activity that is funded by the state. Contractor agrees to comply with Section
11135 in performing services for the CCC Office.
17.LANGUAGE ACCESS
Contractor agrees to comply with the CCC Office’s Language and Communication Access
Plan (LACAP).
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007 Amendment 1
22
EXHIBIT D, ATTACHMENT D - 1
PROTECTION OF CONFID ENTIAL AND SENSITIVE INFORMATION
1.For purposes of this Exhibit, “Contractor” means any contractor or researcher, including a Non-State
Entity contractor or researcher, receiving funds from, doing business with, conducting research for, or
performing services for the Government Operations Agency (“Census”) or the Complete Count
Census 2020 Program. (Census 2020) pursuant to a contract, research agreement, or other
contractual vehicle (collectively “Contract”). The term “Contractor” also includes Contractor’s officers
and employees and Affiliates. For purposes of this Exhibit, the term “Affiliate” means a person or
entity forming a partnership, joint venture, subcontract, sales contract, or other legal relationship with
Contractor to carry out the terms of the Contract.
2.This Exhibit shall apply to all Contractors the terms of whose Contracts with Census require or permit
access to Confidential or Sensitive Information in conducting business with Census or performing
duties under a Contract with Census.
3.Contractor shall impose all the requirements of this Exhibit on all of its officers, employees and
Affiliates with access to Confidential and/or Sensitive Information.
4.For purposes of this Exhibit, “Non-State Entity” shall mean a business, organization or individual that
is not a State entity, but requires access to State information assets in conducting business with the
State. This definition includes, but is not limited to, researchers, vendors, consultants, and their
subcontractors, officers, employees, and entities associated with federal and local governments and
other states.
5.For purposes of this Exhibit, “Confidential Information” means information, the disclosure of which is
restricted or prohibited by any provision of State or federal law or which is treated as privileged or
confidential under such laws. Such Confidential Information includes, but is not limited to, information
that is exempt from disclosure under the California Public Records Act (Government Code sections
6250-6255), including any documents the State deems subject to withholding under California
Government Code Section 6254) including any documents the State deems subject to withholding
under California Government Code Section 6254), public social services client information described
in California Welfare and Institutions code section 10850, and “personal information” about individuals
as defined in California Civil Code Section 1798.3 of the Information Practices Act (IPA) if the
disclosure of the “personal information” is not otherwise allowed by the IPA. Such Confidential
Information may also include financial, statistical, personal, technical, and other data and information
relating to operation of the Department.
6.For purposes of this Exhibit, “Sensitive Information” means information that requires special
precautions to protect it from unauthorized modification or deletion. Sensitive information may be
either public records or Confidential Information. Examples include statistical reports, financial
reports, and logon procedures.
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007 Amendment 1
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7.Contractor shall take all necessary measures to protect Confidential or Sensitive Information to which
it or its Affiliates gain access from unauthorized access (accidental or intentional), modification,
destruction, or disclosure. These measures may include but are not limited to: password protection of
electronic data, encrypted transmission of electronic data, and secure mailing and locked storage of
paper and taped copies. Such measures may also include establishment of secure workstations and
maintenance of a secure workstation access log. Contractors shall also apply appropriate security
patches and upgrades and keep virus software up-to-date on all systems on which Confidential or
Sensitive Information may be used.
8.Contractors shall ensure that all media, including electronic media, containing Confidential or
Sensitive Information, to which they are given access are protected at the level of the most
confidential or sensitive piece of data on the media.
9.Contractor and Affiliate personnel allowed access to Confidential and Sensitive Information shall be
limited to those persons with a demonstrable business need for such access. Contractor shall
maintain a current listing of all Contractor and Affiliate personnel with access to Confidential and
Sensitive Information.
10.Contractor shall notify Census promptly if a security breach involving Confidential or Sensitive
Information occurs or if Contractor becomes legally compelled to disclose any Confidential
Information.
11.Contractor shall comply with all State policies and laws regarding use of information resources and
data, including, but not limited to, California Government Code section 11019.9 and Civil Code
sections 1798 et seq. regarding the collection, maintenance and disclosure of personal and
confidential information about individuals.
12.If Contractor obtains access to Confidential Information containing personal identifiers, such as name,
social security number, address, date of birth, race/ethnicity and gender of individuals, Contractor
shall substitute non-personal identifiers as soon as possible.
13.All data, reports, information, inventions, improvements and discoveries used, compiled, developed,
processed, stored or created by Contractor or Contractor’s Affiliates using Confidential and/or
Sensitive Information shall be treated as Confidential and/or Sensitive Information by the Contractor
and Contractor’s Affiliates. No such data, reports, information, inventions, improvements or
discoveries shall be released, published or made available to any person (except to Census) without
prior written approval from Census.
14.The deliberative processes, discussions, communications, or any other portion of the negotiations
with Contractor regarding this Agreement shall be treated as Confidential and/or Sensitive Information
by the Contractor and Contractor’s Affiliates, and are not considered a waiver by the State of it s rights
under California Government Code Section 6254.5. No such information or documentation thereof
shall be released, published or made available to any person (except to the CCC Office) without prior
approval from the CCC Office
15.At or before the termination date of the Contract, Contractor shall either
A.destroy all Confidential and Sensitive Information in accordance with approved methods of
confidential destruction; or
B.return all Confidential and Sensitive Information to Census; or
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007 Amendment 1
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C.if required by law to retain such information beyond the termination date of the contract, provide
for Census’ review and approval a written description of
(1)applicable statutory or other retention requirements;
(2)provision for confidential retention in accordance such requirements and the terms of this
Exhibit and
(3)provision for eventual destruction in accordance with all applicable provisions of State and
federal law using approved methods of confidential destruction.
16.Contractor agrees that the data owner shall have the right to participate in the investigation of a
security incident involving its data or conduct its own independent investigation, and that data
custodian shall cooperate fully in such investigations.
17.Contractor’s data custodian shall be responsible for all costs incurred by the data owner due to
security incident resulting from the data custodian’s failure to perform or negligent acts of its
personnel, and resulting in an unauthorized disclosure, release, access, review, or destruction; or
loss, theft or misuse of an information asset. If the contractor experiences a loss or breach of data,
the contractor shall immediately report the loss or breach to the data owner. If the data owner
determines that notice to the individuals whose data has been lost or breached is appropriate, the
contractor will bear any and all costs associated with the notice or any mitigation selected by the data
owner. These costs include, but are not limited to, staff time, material costs, postage, media
announcements, and other identifiable costs associated with the breach or loss of data.
18.Contractor shall cooperate with Census’ Information Security Officer or his designee in carrying out
the responsibilities set forth in this Exhibit.
19.Failure to adhere to these requirements may be grounds for termination of the Contract and for
imposition of civil and criminal penalties.
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Government Operations Agency
California Complete Count -Census 2020
and Fresno County
Agreement # CCC-18-20007 Amendment 1
EXHIBIT D, ATTACHMENT D -2
NON-DISCLOSURE CERT/FICA TE
I hereby certify my understanding that access to Confidential and Sensitive Information is provided to me
pursuant to the terms and restrictions of the Protection of Confidential and Sensitive Information , Exhibit D ,
Attachment 3 of Agreement Number CCC-18-20007 , between Fresno County and the Government
Operations Agency or the Complete Count Census 2020 Program . I hereby agree to be bound by those
terms and restrictions . I understand that all Confidential and Sensitive Information , as defined in the
Protection of Confidential and Sensitive Information , and any notes or other memoranda , or any other form
of information , electronic or otherwise that copies or discloses Confidential Information , shall not be
disclosed to anyone other than in accordance with Exhibit D, Attachment 3. I acknowledge that a violation
of this certificate may result in termination of the Contract and/or imposition of civil or criminal penalties .
Typed Name and Title : Ernest Buddy Mendes, Chairman -Board of Supervisors
Representing (give name of Contractor/Affiliate):
Fresno County
Date : February 25 , 2020
ATTEST:
BERNICE E . SEIDEL
Clerk of the Board of Supervisors
County of Fresno , State of California
By ~L ~ ~ Deputy
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Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007 Amendment 1
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EXHIBIT D - ATTACHMENT D - 3
VOLUNTEERS RELEASE AND WAIVER OF LIABILITY
In consideration of participating in any volunteer work or activity of ___________________
(hereinafter Contractor Organization), together with its directors, officers, successors, agents and
assigns, the State of California and/or the California Complete Count – Census 2020 Office, its
officers, employees, or agents (collectively referred to as “the State of California”), including any
volunteer work, travel, or other activities (the “Activities”) run, sponsored and/or held by Contractor
Organization or the State of California:
I, __________________________________________ hereby freely, voluntarily and without duress
execute this Release and Waiver of Liability. I understand that the Activities may include, among
other things, attending rallies or events, going door-to-door educating people in Hard-to-Count
communities regarding the importance of the 2020 Census, driving and/or transporting supplies to
and from various locations as necessary by personal automotive vehicle.
RELEASE AND WAIVER. I do hereby release and forever discharge, hold harmless and agree to
indemnify Contractor Organization and the State of California from any and all liability, claims, and
demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise
from my Activities with Contractor Organization and/or the State of California. I understand that this
Release discharges Contractor Organization and the State of California from any liability or claim I
may have against Contractor Organization or the State of California with respect to any bodily injury,
personal injury, illness, mental duress, death or property damage that may result from my Activities
with Contractor Organization and/or the State of California, whether caused by the negligence of
Contractor Organization and/or the State of California, or as a result of my participation in the
Activities. I will indemnify, defend, save and hold Contractor Organization and the State of California
harmless from any loss, liability, damage or cost which may be incurred as the result of such claim. I
understand that Contractor Organization and the State of California do not assume any responsibility
for or obligation to provide financial assistance or other assistance, including but not limited to
medical, health, or disability insurance in the event of injury or illness.
KNOWING AND VOLUNTARY EXECUTION: I acknowledge that I have carefully read and fully
understand the contents and legal ramifications of the Release. I understand this is a legally binding
and enforceable contract and sign it of my own free will. I agree that if any portion of this Release is
found to be void or unenforceable, the remaining portions shall remain in full force and effect.
_______________________________________ ___________________________________
Signature Date
Full Name (Print) ______________________________________________________________
Address _____________________________________________________________________
Phone Number _______________________________________________________________
E-mail ______________________________________________________________________
Emergency Contact __________________ Phone Number ____________________________
Government Operations Agency
California Complete Count - Census 2020
and Fresno County
Agreement # CCC-18-20007 Amendment 1
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EXHIBIT E
EQUIPMENT PURCHASES
Equipment, including supplies (pens, pencils, paper, etc.), may be furnished or reimbursed through
this agreement if it will be used in the performance of the scope of work of this Agreement, subject to
the following restrictions which apply regardless of whether the purchase(s) is made by the Contractor
or subcontractors.
1)Definitions:
a.Major Equipment: Major equipment includes any tangible or intangible items that have a
normal life expectancy of one year or more and an approximate unit price of $5,000 or more.
Software and videos are examples of intangible items.
i.Only items having a per unit price of $5000 are non-expendable (e.g., four identical assets
which cost $3000 each, for a $12,000 total, would not meet the definition).
b.Minor equipment/property: A tangible item having a base unit cost of less than $5,000 with a
life expectancy of one (1) year or more and is either furnished by the Census Office or the cost
is reimbursed through this Agreement.
c.Theft-Sensitive Equipment Costing Less than $5,000: Theft sensitive equipment costing
less than $5,000 is any equipment susceptible to theft, such as computers, laptops, tablets,
monitors, mobile phones and related equipment.
2)Authority to Purchase. Unless waived or otherwise stipulated in writing by the Census Office,
prior written authorization from the assigned Regional Program Manager (RPM) and Assistant
Director of Administration will be required before the Contractor will be reimbursed for any
purchase of Major Equipment. Contractors should lease equipment if doing so would be more
cost effective.
a.The Contractor must provide in its request for authorization all particulars necessary, as
specified by the Census Office, for evaluating the necessity and reasonableness of incurring
such costs, including an explanation why leasing is not more cost effective. Contractor must
include documentation showing that it made a diligent effort to secure at least three quotes. If
three quotes cannot be obtained, a list or organizations or individuals solicited must be
prepared and signed by Contractor’s Contract Manager.
b.For all other equipment purchases not qualifying as Major Equipment, Contractor is not
required to obtain prior authorization to purchases. However, contractors shall receive at least
three quotes for such purchases. Documentation must be retained in Contractor’s contract file
and provided to the Census Office upon request.
c.The Census Office reserves the right to either deny claims for reimbursement or to request
repayment for any Contractor purchase that Census Office determines to be unnecessary in
carrying out performance under this Agreement.
3)Maximum Equipment Budget. Equipment purchases shall not exceed 10 percent of the Contract
budget for the term of this Agreement without prior written authorization by the assigned RPM and
Assistant Director of Administration.
4)Invoicing and Reporting. In order to be reimbursed for purchases of Major Equipment and Theft-
Sensitive Equipment Costing Less than $5,000, Contractor must submit a copy of the receipt and
documentation of the serial number and model number with the invoice for such item(s). To report
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and Fresno County
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the receipt of said items and to receive property tags, Contractor shall use a form or format
designated by the Census Office. If the appropriate form does not accompany this Agreement,
Contractor shall request a copy from the assigned RPM.
5)Ownership and inventory. Unless stipulated otherwise by the Census Office, all equipment
purchased/reimbursed with agreement funds or furnished by the Census Office under the terms of
this Agreement shall be considered state equipment and the property of the Census Office.
a.The Census Office requires the reporting, tagging and inventorying of all Major Equipment
and/or property that is furnished by the Census Office or purchased/reimbursed with funds
provided through this Agreement. In addition, Theft-Sensitive Items of Equipment Costing
Less than $5,000 must be tagged and inventoried.
b.Upon receipt of the invoicing and supporting documentation (see paragraph 4 above), the
Census Office will send Contractor equipment tags and instructions for tagging.
i.For Major Equipment and Theft-Sensitive Equipment Costing Less than $5000 purchased
by Contractor prior to the effective date of this Amendment, Contractor shall send the
assigned RPM a copy of the inventory record (see subsection (c) below) within 30 days of
the effective date of this Amendment (Amendment 1). Upon receipt of the inventory
record, the Census Office will send Contractor equipment tags and instructions for tagging.
c.The contractor shall maintain an inventory record for Major equipment purchased or built with
funds provided under this Agreement. In addition, Theft-Sensitive Items of Equipment
Costing Less than $5,000 (such as laptops and tablets) shall be inventoried. The inventory
record of each item of such equipment should include the date acquired, total cost, serial
number, model identification (on purchased equipment), and any other information or
description necessary to identify said equipment. A copy of the inventory record must be
submitted to the State on request by the State for inspection or audit.
6)Use of Equipment. Unless otherwise stipulated by the Census Office in writing, equipment
purchased/reimbursed with agreement funds or furnished by the Census Office under the terms of
this Agreement, shall only be used for performance of this Agreement.
7)Protection of Equipment. The Contractor shall maintain and administer a sound business
program for ensuring the proper use, maintenance, repair, protection, insurance and preservation
of all state equipment and/or property.
In administering this provision, the Census Office may require the Contractor to repair or replace,
to the Census Office’s satisfaction, any damaged, lost or stolen state equipment and/or property.
Contractor shall immediately file a theft report with the appropriate police agency or the California
Highway Patrol and Contractor shall promptly submit one copy of the theft report to the RPM.
8)Disposition. Within sixty (60) calendar days prior to the termination or end of this
Agreement, the Contractor shall provide a final inventory report of both Major Equipment and
Theft-Sensitive Equipment Costing Less than $5,000 to the assigned Census Office RPM and
shall, at that time, query the Census Office as to the requirements, including the manner and
method, of returning state equipment and/or property to the Census Office. The Census Office
may request such equipment be returned to the State, with costs incurred by the contractor for
such return being reimbursed by the Census Office and according to Census Office instructions.
Equipment disposition instructions shall be issued by the Census Office immediately after receipt
of the final inventory report. At the termination or conclusion of this Agreement, the Census Office
may at its discretion, authorize the continued use of state equipment and/or property for
performance of work under a different state agreement.
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and Fresno County
Agreement # CCC-18-20007 Amendment 1
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All surplus IT equipment regardless of cost will be handled in accordance with the State
Administrative Manual, Chapter 5900 – Disposal of IT Equipment.
Alternatively, in order to facilitate Public Contract Code Section 10389.2 (SB 493, Padilla, 2011)
which aims to bridge the digital divide, the Census Office may provide surplus information
technology equipment to qualified Public Computer Centers for less than fair market value. For
Public Computer Center eligibility information, please visit:
https://www.dgs.ca.gov/OFAM/Services/Page-Content/Office-of-Fleet-and-Asset-Management-
Services-List-Folder/Acquire-IT-Equipment-for-Public-Computer-Centers.
9)If there are any questions about these definitions, please contact the assigned Census Office
Regional Program Manager (RPM).
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