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Resolution No. 09938 ~ ~ ~ 1 RESOLUTION NO. 9938 2 3 A RESOLUTION OF THE .CITY COUNCIL OF THE CITY OF 4 VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR ELECTION CONSULTANT SERVICES BY 5 AND BETWEEN THE .CITY OF VERNON AND HUDSON CONSULTING SERVICES 6 7 WHEREAS, the-City of Vernon (the "City") is a municipal, 8 corporation-and a chartered city of the State of California organized 9 and existing under its Charter and the Constitution of the -State of 10 California; and 11 WHEREAS, the City desires to employ the services of a 12 consultant to assist in conducting and implementing all requirements of 13 its June 2, 2009 Special Municipal Election; and 14 WHEREAS, Hudson Consulting Services ("Hudson") has provided 15 such election consulting services to the City in the past, and City 16 staff have recommended that such services be provided by Hudson for 17 the June 2,.2009 Special Municipal Election; and 18 WHEREAS, the City Council of the City has determined that, 19 pursuant to the provisions of subsection (a) of Section 2.27 of the 20 Vernon City Code, it is in the public interest and necessity to enter 21 into an agreement with Hud-son. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 23 CITY OF VERNON AS FOLLOWS: 24 SECTION 1: The City Council of the City hereby finds and 25 determines that the recitals. contained hereinabove are true and 26 correct. 27 SECTION 2: The City Council of the City hereby approves-the 28 Agreement for Election Consultant Services with Hudson, in 1 substantially the same form as the copy which is attached. hereto as 2 Exhibit A and incorporated by reference. 3 SECTION 3: The City Council of the City hereby authorizes 4 the .Mayor or Mayor Pro-Tem to execute the Agreement for, and on behalf ~ of, the City and the City Clerk or Deputy City Clerk is hereby 6 authorized to attest thereto. 7 SECTION. 4: The City Council o.f the City hereby authorizes 8 the City Administrator, or his designee, to make whatever non- 9 substantive, administrative and/or text changes, upon advice of 10 counsel, to the Agreement. 11 SECTION 5: The City Council of` the City hereby authorizes- . ~ 12 the City Administrator, or his designee, to execute any and all 13 documents-as shall be required consistent with the terms of the 14 Agreement. 15 SECTION 6: The City Council of the City hereby directs the 16 City Clerk, or her designee., to send one executed Agreement to: 17 Hudson Consulting Services Attn. Linda Hudson- . 18 3209 Elda Street 19 Duarte, CA 91010 20 / / / 21 / / 22 ~ / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / - 2 - 1 SECTION 7: The City Clerk of the City of Vernon shall 2 certify to the passage of this resolution, and thereupon and 3 thereafter the same shall be in full force and effect. 4 APPROVED AND ADOPTED this•27th day of April, 2009. oI , 6 Name: Hilario Gonzales 7 8 Title: Mayor / Mayor Pro-Tem 9 ATTEST: 10 MANUELA GIRO ity Clerk 1'1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 3 - 1 STATE OF CALIFORNIA ) ss 2 COUNTY OF LOS ANGELES ) 3 4 I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby 5 certify that the, foregoing Resolution, being Resolution No. 9938, was 6 duly adopted by the City Council of the City of Vernon at a regular 7 meeting. of the City Council duly held on Monday, April 27, 2009,-and 8 thereafter was duly signed by the Mayor. or Mayor Pro-Tem of the City of 9 Vernon. 10 11 12 MANUELA GIRON, City Clerk 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 4 - EXHIBIT A AGREEMENT FOR ELECTION CONSULTANT SERVICES THIS AGREEMENT is entered into this 27th day of April, 2009 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 June 2, 2009 Special Municipal Election for the City; and 13. 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. 9The 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 Special Municipal Election, including coordination between the City Clerk, City Attorney, Martin & Chapman Co., the Los Angeles County Registrar-Recorder, and all other necessary entities to insure cohesiveness; assistance with all necessary election processes to comply with current Election Code; coordination, in conjunction with the City Clerk and all other necessary entities; impartiality as to all issues on the ballot including, but not limited to; political action committees 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;. L • Completion ofpost-election processing including, but not limited to, the certificate of canvass and declaration of results.- SECTION Z. COMPENSATION: The compensation shall be $60.00 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 June 30, 2009, 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. 2 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 Administrator 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 CONSULTANT Hudson Consulting Services By: By: Linda Hudson NAME: Title: TITLE: MAYOR /MAYOR PRO-TEM ATTEST: APPROVED AS TO FORM: By: By: Manuela Giron Jeff A. Harrison City Clerk City Attorney 3 { r 1ti~~ ~ .r r` s ~ 3~ , ! r ~ E. k~~~~~ S~rY r r' t~r ~ itii ' ~,;~.ti , 4305 Santa Fe Avenue, Vernon, California. 90058 Telephone (323) 583-8811 May 6, 2009 Ms. Linda Hudson- Hudson Consulting Services 3209 Elda Street Duarte., CA 91010 Re: Services Agreement Dear Ms. Hudson: ..Transmitted herewith is one fully executed agreement, as referenced above, approved by City Council. on April 27, 2009, through Resolution No. 9938.. If you have any questions regarding this matter, please call contact the undersigned at (323) 583-8811 ext. 266. Very truly yours, L----- Nelly G' n City Clerk NG:km c: Purchasing Department Resolution No. 9938 Agreement File No. 09-068 E.xcCusiveCy IndustriaC AGREEMENT FOR ELECTION CONSULTANT SERVICES THIS AGREEMENT is entered into this 27th day of April, 2009 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 June 2, 2009 Special 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 Special Municipal Election, including coordination between the City, Clerk, City Attorney, Martin. .Chapman Co., the Los Angeles County Registrar-Recorder, and all other necessary entities to insure cohesiveness; assistance with all necessary election processes to comply with current Election Code; coordination, in conjunction with the City Clerk and all other necessary entities; impartiality as to all issues on the ballot including, but not limited to, political action committees and their representatives; and ensuring that all electiontime 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; 1 • Completion ofpost-election processing including, but not limited to; the certificate of canvass and declaration of results. SECTION 2. COMPENSATION: The compensation shall be $60.00 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. SECTIONS. TERM OF CONTRACT: A. Consultant shall complete the duties outlined in Section L of this contract by June 30, _2009; 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 Consultanf. C. Consultant may terminate this agreement bygiving seven (7) days written noticeto 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. 2 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 Administrator 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 CONSULTANT Hudson Consulting .Services _~~r ~ ~V it ~'J Hilario Gonzales Linda Hudson NAME: Title: U TITLE: MAYOR /MAYOR PRO-TEM ATTEST: APPROVED AS TO-FORM: By: By: Manuela Gi A. arrison City. Clerk t A orney 3 pF VE$ ~ ~lZ _.~.~...w._..._.~.._ sit ~~'AR~~FQ G~~V6L71NOJ ~1, 40 / 1~ ~11j4~~4 CITY CL.ERK'S OFFICE DATE: April a2, 2009 Td: Mayor and City Council I°RQM: Nelly Giron, City Clerk RE: Hudson Consulting Servic -Special Election on June 2, x009 The assistance from a consulting firm is desired to assist the City Clerk or Elections Official with different aspects related to the City's Special Election on June 2, 2009. Hudson Consulting Services (Hudson) was retained to assist with the City's Qeneral Municipal Elections in 2006 and 20013. Based on the services provided by the consultant in the past, it has been determined that it would be in the City's best interest to retain Hudson this year to assist, coordinate, and implement all the requirements of a special municipal election. It is hereby recommended that Hudson Consulting Services be retained and the Election Consulting Services Agreement be approved and executed.