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HomeMy WebLinkAboutC-2670//00-30 C -2670 CITY OF ARCADIA PROFESSIONAL SERVICES AGREEMENT REGARDING ELECTION CONSULTANT SERVICES THIS AGREEMENT is entered into this 0 q44' day of October, 2011 by and between the CITY OF ARCADIA, a municipal corporation and chartered city in the State of California, hereinafter referred to as CITY and HUDSON CONSULTING SERVICES, a sole proprietorship, hereinafter referred to as CONSULTANT. City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties. Parties agree to the following terms and conditions: A. The City wishes to engage the services of Consultant to assist in the conduct of the April 10, 2012 All Mail Ballot General Municipal Election for the City; and B. The City and Consultant desire to provide for certain procedures, benefits, and requirements regarding the engagement of Consultant by the City; and C. The Consultant is willing to work as an election consultant of said City under the terms and conditions recited herein. NOW, THEREFORE, City and Consultant agree to the following: SECTION 1. DUTIES: City agrees to retain Hudson Consulting Services as Election Consultant, and Consultant agrees to perform all duties as specified. The Parties acknowledge that Consultant is being engaged as an independent contractor. The Consultant shall not be construed, for any purposes, to be an employee of the City. The duties of Consultant shall be to: Provide election consulting services for the City of Arcadia's April 10, 2012 All Mail Ballot General Municipal Election, including coordination between the Chief Deputy City Clerk and City Clerk staff, Martin & Chapman Co., Los Angeles County Registrar- Recorder, and all other necessary entities to insure cohesiveness, to assist with all necessary election processes in order to comply with the current California Election Code, to assure impartiality to all candidates and /or measures placed on the ballot for said election, and to insure that all election time lines will be adhered to pursuant to the Elections Code. • Provide technical support to the Chief Deputy City Clerk and City Clerk staff regarding proper election procedures so as to insure a cohesive and successful election. • Provide assistance with Martin & Chapman's Vote -By -Mail Voter Tracking System including, but not limited to, ballot processing, voter signature verification through VIMS, and coordination with the Registrar- Recorder's office regarding the same. • Provide assistance with planning and coordination of pre - election day activities including, but not limited to, candidate nomination packet preparation, FPPC forms and filings, etc. • Provide assistance with planning and coordination of election day activities including, but not limited to central counting boards. • Provide assistance with post - election processing including, but not limited to, the certificate of canvass and declaration of results. SECTION 2. COMPENSATION: Compensation to be paid to Consultant shall be Seventy Five Dollars ($75.00) per hour. The Parties agree that such compensation is all inclusive and that the City is not obligated to pay any additional compensation (i.e. benefits including, but not limited to, PERS contribution) or mileage charges unless expressly agreed to in this Agreement or required by State Law. The total compensation of this Agreement shall not exceed $12,000.00 (160 hours.) If Consultant is required to purchase supplies specific to this election, said purchases shall be reimbursed. Consultant shall bill the City on a monthly basis for actual hours worked and shall be paid at such times as the City normally and regularly pays its warrants. SECTION 3. TERM OF CONTRACT: A. Consultant shall complete the duties outlined in Section 1 of this Agreement by April 30, 2012, unless such term of the Agreement is extended by the City. B. City may terminate this Agreement, without cause, by giving seventy -two (72) hours written notice to Consultant. C. Consultant may terminate this Agreement by giving seven (7) days written notice to City. OA D. Upon receipt of notice of termination or the effective date of the resignation, Consultant shall immediately cease all services except as may be specifically approved by the City. Consultant shall be entitled to compensation for all services rendered prior to the date of termination of services. Upon termination, the City has the right to any and all documents and work products of the City. E. This Agreement shall be deemed effective upon the date of approval and execution by the City Manager and City Attorney and Consultant's engagement shall commence as of said effective date. SECTION 4. LIABILITY: The City shall defend and indemnify Consultant from acts and omissions occurring within the course and scope of Consultant's duties, except in a case of gross negligence or willful misconduct on the part of the Consultant. SECTION 5. INSURANCE: Consultant shall be responsible for maintaining all property damage insurance covering her potential losses. Any general liability or professional responsibility insurance, including automobile insurance, carried by the Consultant shall name City as an additional insured, which shall be primary with no right of subrogation. SECTION 6. NOTICE: Any notice or communication that either party desires or is required to give the other party shall be in writing and shall be given by personal service or by deposit in the United States Mail, addressed as follows: CITY: Lisa Mussenden Chief Deputy City Clerk/ Records Manager City of Arcadia 240 W. Huntington Drive Arcadia, CA 91007 CONSULTANT: Linda Hudson Hudson Consulting Services 11865 Ann Arbor Court Riverside, CA 92505 Notices shall be deemed to be given as of the date of personal service, or two (2) days following the deposit with the United States Postal Service. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as follows: 3 [SIGNATURES ON NEXT PAGE] CITY OF ARCADIA CONSULTANT "Hudson Consulting Services" 0 Donald Penman City Manager Dated: 1 T ATTEST: i- APPROVED AS TO FORM: By: �• Stephen P. Deitsch City Attorney 4 y: Linda Hudson Hudson Consulting Services Dated: 10 - t"3 - t