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Resolution No. 95211 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 RESOLUTION NO. 9521 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR ELECTION CONSULTANT SERVICES BY AND BETWEEN THE CITY OF VERNON AND HUDSON CONSULTING SERVICES . WHEREAS, the City of Vernon (the "City") is a municipal corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the State of California; and WHEREAS, the City desires to employ the services of a consultant to assist in conducting and implementing all requirements of its April 8, 2008 General Municipal Election; and WHEREAS, City staff have recommended that the election consulting services be provided by Hudson Consulting Services ("Hudson"); and WHEREAS, the City Council of the City has determined that, pursuant to the provisions of subsection (a) of Section 2.27 of the Vernon City Code, it is in the public interest and necessity to enter into an agreement with Hudson. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 2ITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City hereby approves the kgreement for Election Consultant Services with Hudson, in substantially the same form as the copy which is attached hereto as 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 Exhibit A and incorporated by reference. SECTION 3: The City Council of the City hereby authorizes the Mayor or Mayor Pro-Tem to execute the Agreement for, and on behalf of, the City and the City Clerk is hereby authorized to attest thereto. SECTION 4: The City Council of the City hereby authorizes the City Administrator, or his designee, to make whatever non - substantive, administrative and/or text changes, upon advice of counsel, to the Agreement. SECTION 5: The City Council of the City hereby authorizes the City Administrator, or his designee, to execute any and all documents as shall be required consistent with the terms of the Agreement. SECTION 6: The City Council of the City hereby directs the City Clerk, or her designee, to send one executed Agreement to: Hudson Consulting Services Attn. Linda Hudson 3209 Elda Street Duarte, CA 91010 SECTION 7: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 7th day of January, 2008. Name: Leonis C. Malburg AT14EST: MANUELA GIRON, City Clerk Title: Mayor / - 2 - 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 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9521, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, January 7, 2008, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. (SEAL) v MANUELA GIRON, Pity Clerk - 3 - EXHIBIT A AGREEMENT FOR ELECTION CONSULTANT SERVICES THIS AGREEMENT is entered into this 71h day of January, 2008 by and between the CITY OF VERNON hereinafter referred to as CITY and HUDSON CONSULTING SERVICES hereinafter referred to as CONSULTANT pursuant to these terms and conditions: A. The City wishes to employ the services of Consultant to assist in the conduct of the April 8, 2008 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: Assist in conducting and implementing all requirements of a General Municipal Election, including coordination between the Deputy City Clerk, City Clerk, City Attorney, Martin & Chapman Co., the Los Angeles County Registrar -Recorder, and all other necessary entities to insure cohesiveness; management of all necessary election processes to comply with current Election Code; coordination, in conjunction with the City Clerk or Elections Official and all other necessary entities; impartiality as to all candidates and their representatives; and ensuring that all election time lines will be adhered to as required by the current Election Code; Coordination with said entities in connection with Vote by Mail Voters, including but not limited to, processing of vote by mail ballots, voter signature verification through VIMS, and coordination with the Registrar -Recorder's office regarding the same; Assistance with planning and coordination of election day activities including central counting boards; All other election related services as reasonably requested by the City Clerk of the City; Completion of post -election processing including, but not limited to, the certificate of canvass and declaration of results. SECTION 2. COMPENSATION: The compensation shall be $50.00 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. If Consultant is required to purchase supplies specific to this election, said purchases shall be reimbursed on the basis of cost plus ten percent (10%). The Consultant shall bill the City on a monthly basis for actual hours worked. The Consultant 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 contract by April 30, 2008, unless such term of contract 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. 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 and Consultant's compensation 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 on the part of the Consultant. SECTION 5. INSURANCE: Consultant shall be responsible for maintaining all liability and property damage insurance covering her potential losses. Any general liability or professional responsibility insurance, including automobile insurance, carried by Consultant shall name City as 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: City Clerk City of Vernon 4305 S. Santa Fe Avenue Vernon, CA 90058 CONSULTANT: Linda Hudson Hudson Consulting Services 3209 Elda Street Duarte, CA 91010 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: CITY OF VERNON M. Mayor / Mayor Pro-Tem ATTEST: Im Manuela Giron City Clerk CONSULTANT WE Linda Hudson Hudson Consulting Services APPROVED AS TO FORM: 1.2 Jeff A. Harrison City Attorney 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 January 16, 2008 Ms. Linda Hudson Hudson Consulting Services 3209 Elda Street Duarte, CA 91010 Re: Services Agreement a Dear Ms, --Hudson: Transmitted herewith are two partially executed agreements, as referenced above, approved by City Council on January 7, 2008, through Resolution No. 9521. Please return a fully executed agreement to my attention and retain the other for your files. If you have any questions regarding this matter, please call contact the undersigned at (323) 583-8811 ext. 266. V ry truly yours, Nelly Gir`" City Clerk NG:dr c: Sharon Duckworth Resolution No. 9521 Agreement File No. 08-004 Excrusively Industfiaf AGREEMENT FOR ELECTION CONSULTANT SERVICES THIS AGREEMENT is entered into this 7th day of January, 2008 by and between the CITY OF VERNON hereinafter referred to as CITY and HUDSON CONSULTING SERVICES hereinafter referred to as CONSULTANT pursuant to these terms and conditions: A. The City wishes to employ the services of Consultant to assist in the conduct of the April 8, 2008 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: Assist in conducting and implementing all requirements of a General Municipal Election, including coordination between the Deputy City Clerk, City Clerk, City Attorney, Martin & Chapman Co., the Los Angeles County Registrar -Recorder, and all other necessary entities to insure cohesiveness; management of all necessary election processes to comply with current Election Code; coordination, in conjunction with the City Clerk or Elections Official and all other necessary entities; impartiality as to all candidates and their representatives; and ensuring that all election time lines will be adhered to as required by the current Election Code; Coordination with said entities in connection with Vote by Mail Voters, including but not limited to, processing of vote by mail ballots, voter signature verification through VIMS, and coordination with the Registrar -Recorder's office regarding the same; Assistance with planning and coordination of election day activities including central counting boards; All other election related services as reasonably requested by the City Clerk of the City; Page 1 of 3 Completion of post -election processing including, but not limited to, the certificate of canvass and declaration of results. SECTION 2. COMPENSATION: The compensation shall be $50.00 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. If Consultant is required to purchase supplies specific to this election, said purchases shall be reimbursed on the basis of cost plus ten percent (10%). The Consultant shall bill the City on a monthly basis for actual hours worked. The Consultant 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 contract by April 30, 2008, unless such term of contract 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. 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 and Consultant's compensation 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 on the part of the Consultant. Page 2 of 3 SECTION 5. INSURANCE: Consultant shall be responsible for maintaining all liability and property damage insurance covering her potential losses. Any general liability or professional responsibility insurance, including automobile insurance, carried by Consultant shall name City as 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: City Clerk City of Vernon 4305 S. Santa Fe Avenue Vernon, CA 90058 CONSULTANT: Linda Hudson Hudson Consulting Services 3209 Elda Street Duarte, CA 91010 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: CITY OF VERNON By: Leonis C. Malbu'rg ayor / WXMXTXX( ATTEST: By: U Manuela Giron City Cleric CONSULTANT M. Linda Hudson Hudson Consulting Services APPROVED AS TO FORM: M. Page 3 of 3 AGREEMENT FOR ELECTION CONSULTANT SERVICES THIS AGREEMENT is entered into this 7ch day of January, 2008 by and between the CITY OF VERNON hereinafter referred to as CITY and HUDSON CONSULTING SERVICES hereinafter referred to as CONSULTANT pursuant to these terms and conditions: A. The City wishes to employ the services of Consultant to assist in the conduct of the April 8, 2008 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: Assist in conducting and implementing all requirements of a General Municipal Election, including coordination between the Deputy City Clerk, City Clerk, City Attorney, Martin & Chapman Co., the Los Angeles County Registrar -Recorder, and all other necessary entities to insure cohesiveness; management of all necessary election processes to comply with current Election Code; coordination, in conjunction with the City Clerk or Elections Official and all other necessary entities; impartiality as to all candidates and their representatives; and ensuring that all election time lines will be adhered to as required by the current Election Code; Coordination with said entities in connection with Vote by Mail Voters, including but not limited to, processing of vote by mail ballots, voter signature verification through VIMS, and coordination with the Registrar -Recorder's office regarding the same; Assistance with planning and'coordination of election day activities including central counting boards; All other election related services as reasonably requested by the City Clerk of the City; Page 1 of 3 Completion of post -election processing including, but not limited to, the certificate of canvass and declaration of results. SECTION 2. COMPENSATION: The compensation shall be $50.00 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. If Consultant is required to purchase supplies specific to this election, said purchases shall be reimbursed on the basis of cost plus ten percent (10%). The Consultant shall bill the City on a monthly basis for actual hours worked. The Consultant 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 contract by April 30, 2008, unless such term of contract 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. 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 and Consultant's compensation 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 on the part of the Consultant. Page 2 of 3 SECTION 5. INSURANCE: Consultant shall be responsible for maintaining all liability and property damage insurance covering her potential losses. Any general liability or professional responsibility insurance, including automobile insurance, carried by Consultant shall name City as 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: City Clerk City of Vernon 4305 S. Santa Fe Avenue Vernon, CA 90058 CONSULTANT: Linda Hudson Hudson Consulting Services 3209 Elda Street Duarte, CA 91010 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: CITY OF VERNON Leonis C. Malbu'rg Mayor / XWXft)0X'UXX ATTEST: By: U Manuela Giron City Clerk CONSULTANT By: rVii-a UL� Linda Hudson Hudson Consulting Services APPROVED AS TO FORM: Page 3 of 3