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Resolution No. 2011-118RESOLUTION NO. 2011-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF VERNON AND LINDA HUDSON, D/B/A HUDSON CONSULTING SERVICES, FOR CONSULTING SERVICES. RELATED TO A MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2011 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 utilize the services of a consultant to assist in conducting its November 8, 2011, Municipal Election; and WHEREAS, Linda Hudson, d/b/a/ Hudson Consulting Services ("Hudson") has provided such election consulting services to the City in the past; and WHEREAS, by memo dated June 29, 2011, the City Clerk has recommended that the City enter into an agreement with Hudson setting forth the terms and conditions under which Hudson will provide such services for the November 8, 2011, Municipal Election (the Agreement"); and WHEREAS, the City Council of the City of Vernon has determined that, pursuant to the provisions of subsection (b)(1) and (7) of Section 2.27 of the Vernon City Code, it is in the public interest and necessity to enter into the Agreement with Hudson. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Agreement with Hudson, in substantially the same form as the copy which is attached hereto as Exhibit A. SECTION 3: The City Council of the City of Vernon hereby authorizes 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 authorized to attest thereto. SECTION 4: The City Council of the City of Vernon hereby authorizes the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purpose of this Resolution and the transactions herein approved or authorized. SECTION 5: The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk's designee, to send one executed Agreement to: Hudson Consulting Services Attn. Linda Hudson 11865 Ann Arbor Court Riverside, CA 92505 - 2 - SECTION 6: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 5th day of July, 2011. Name: Hilario Gonzales Title: Mayor - 3 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2011-118, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, July 5, 2011, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of July, 2011, at Vernon, California. (SEAL) { - 4 - EXHIBIT A AGREEMENT FOR ELECTION CONSULTANT SERVICES THIS AGREEMENT is entered into this day of July, 2011 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 November 8, 2011, 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 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 moil 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 $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 City will pay Consultant a $150 round trip charge for each required visit to City Hall. 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 November 30, 2011, 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. F. Any services performed prior to the Effective Date listed above, but on or after the Commencement Date, shall for all purposes be deemed to have been performed pursuant to this Agreement, subject to the terms and conditions hereof. SECTION 4. INSURANCE: Consultant shall be responsible for maintaining all liability and property damage insurance covering her potential losses. Any general liability or professional responsibility insurance carried by Consultant shall name City as additional insured, which shall be primary with no right of Subrogation. 2 SECTION 5. 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 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: CITY OF VERNON DIN NAME: TITLE: ATTEST: Willard G. Yamaguchi City Clerk CONSULTANT Hudson Consulting Services By: Linda Hudson, Principal APPROVED AS TO :FORM: City Attorney 3 AGREEMENT FOR ELECTION CONSULTANT SERVICES THIS AGREEMENT is entered into this 5 th day of July, 2011 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 November 8, 2011 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 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; 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 $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 City will pay Consultant a $150 round trip charge for each required visit to City Hall. 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 November 30, 2011, 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. F. Any services performed prior to the Effective Date listed above, but on or after the Commencement Date, shall for all purposes be deemed to have been performed pursuant to this Agreement, subject to the terms and conditions hereof. SECTION 4. INSURANCE: Consultant shall be responsible for maintaining all liability and property damage insurance covering her potential losses. Any general liability or professional responsibility insurance carried by Consultant shall name City as additional insured, which shall be primary with no right of Subrogation. ►A SECTION 5. 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 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: CITY OF VERNON By: wn NAME: Hilaxio Gonzales TITLE: Mavor ATTEST: By: ' Willar G. gu i CyitCl CONSULTANT Hudson Consulting Services BCILAnda Hudson, LPrincipal APPROVED AS TO FORM: By: Michael B. Montgo.,y, Interim City Attorney OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 July 14, 2011 Linda Hudson Hudson Consulting Services 11865 Ann Arbor Court Riverside, CA 92505 Re: Consulting Services Agreement Dear Ms. Hudson: The insurance requirements have been waived. Transmitted herewith is one fully executed agreement, as referenced above, approved by City Council on July 5, 2011, through Resolution No. 2011-118. If you have any questions regarding this matter, please call contact the undersigned at (323) 583- 8811 ext. 175. Very, rely yours, WILLARD G. A G CHI City Clerk WGY:dj Enclosure c: Purchasing Department Resolution No. 2011-118 Agreement File No. 11-079 Ezcfusive6i Industriaf RECEIVED RECEIVED J U N 3 0 2011 JUN 30 2011 CITY ADMINISTRATION CITY CLERKS OFFICE STAFF REPORT City Clerk �� DATE: June 30, 2011 TO: Honorable Mayor and City Council FROM: Willard G. Yamaguchi, City Clerk 10/ RE: Hudson Consulting Services- Municipal Election on November 8, 2011 Background: On November 8, 2011, the City of Vernon will be conducting a Municipal Election. The City Clerk's office requests assistance of an independent election consultant to conduct said election. For this election, the City Clerk's Office wishes to retain the services of Linda Hudson d.b.a. Hudson Consulting Services ("Hudson"). Hudson will advise and assist in conducting, coordinating, and implementing all aspects of the Municipal Election. Her services include coordinating between the City Clerk, City Attorney, Martin & Chapman Co., the Los Angeles County Registrar -Recorder, and all other necessary entities to comply with the current Election Code. Hudson has assisted with the City's General Municipal Election in 2006, 2008, and 2011, and Special Municipal Election in 2009 and 2010. Based on the services provided by Hudson in the past, it is in the best interest of the City to retain her services for the November 8, 2011, Municipal Election. Recommendation: I recommend that the Council approve the Agreement for Election Consulting Services between the City of Vernon, and Hudson for the Municipal Election on November 8, 2011. WGY/ab Page 1 of 1 Juarez, Debbie From: Barcia, Ana Sent: Thursday, July 14, 2011 10:51 AM To: Juarez, Debbie Cc: Yamaguchi, Willard Subject: Hudson Consulting Hi Debbie, Please be advised that insurance requirements for the above referenced have been waived. Thank you, Ana Barcia Deputy City Clerk City of Vernon T: 323) 583-8811 ex 286 F: 323) 826-1439 abarcia a,ci.vernon.ca.us CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender. Please destroy the original transmission and its attachments without reading or saving in any manner. 7/14/2011