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Resolution No. 2011-152RESOLUTION NO. 2011-152 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 SPECIAL MAILED BALLOT ELECTION TO BE HELD ON NOVEMBER 22, 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 22, 2011, Special Mailed Ballot 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 August 25, 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 2, 2011, Special Mailed Ballot 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 instructs 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 20th day of September, 2011. ATT T: w I Will rd G. Yam g chi ity Clerk Name: H?''' Gonzales Title: Mayor / Mayor,-PI-ClIciiih - 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. 2011-152, 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, September 20, 2011, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of September, 2011, at Vernon, California. (SEAL) Wi r, - 4 - EXHIBIT A AGREEMENT FOR ELECTION CONSULTANT SERVICES THIS AGREEMENT is entered into this 20th day of September, 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, 'file City wishes to employ the services of Consultant to assist in the conduct of the November 22, 2011, Special Mailed Ballot 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, THEREl;ORE, 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 i nplementing 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 snail 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 inCILISive and that the City is not obligated to pay any additional compensation (i.e. benefits including, but not limited to, PE12S 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 sliall 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 I 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. 1-. 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 he responsible for maintaining automobile liability insurance with the City. 2 SIsCTION 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 Avcnue Vernon, CA 90058 CONSULTANT: Linda Hudson Hudson Consulting Services 11865 Arun 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 NVITNESS WHEREOF, the parties hereto have caused this agreement to be executed as follows: CITY OF VERNON B v: NAME: TITLE. ATTEST: B y: Willard G. Yamaguchi, City Clerk APPROVED AS TO FORM: CONSULTANT Hudson Consulting Services y l�U� Linda Hudson, Principal 13 y: Michael B. Montgomery, Interim City Attorney 3 OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 September 21, 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 met. Transmitted herewith is one fully executed agreement, as referenced above, approved by City Council on September 20, 2011, through Resolution No. 2011-152. If you have any questions regarding this matter, please call contact the undersigned at (323) 583- 8811 ext. 175. Very t y yours, WILLARD G. Y M HI City Clerk WGY:dj Enclosure c: Ana Barcia Purchasing Department Resolution No. 2011-152 Agreement File No. 11-106 Exclusively Industrial AGREEMENT FOR ELECTION CONSUI,.TANT SERVICES THIS AGREEMENT is entered into this 20th day of September, 2011 by and between the CITY OF VERNON Hereinafter referred to as CITY and IIUI7SON CONSULTING SERVICES hereinafter referred to as CONSULTANT pursuant to these terms and conditions: A. fhe City wishes to employ the services of Consultant to assist in the conduct of the Novernbcr 22, 201I, Special Mailed Ballot 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, ' HE'REFORE, 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 bean employee of the City. T11C 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 I-os Angeles County Registrar -Recorder, and all other necessary entities to instn•e cohesiveness; assistance with all necessary election processes to comply with current Election Code; coordination, ill conjutrctioti with the City Clerk and all other necessary entities; impartiality as to all issues oil the ballot including, But not limited to, political action committees and their representatives; and ensuring that all election tinge 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. SL`CTION 2. COMPENSATION: The compcnsadon shall be $75,00 per hour. The parties agree that such compensation is all incliIsive and that [fie City is not obligated to pay any additional compensation (i.e. benefits incauding, 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 Consuham shall Dill 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 CONTRAur: A. Consultant sliall complete the duties outlined in Section 1 of this contract by Novein_ber 30, 2011, unless such terin 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 dOCtimedhts and work products of the City. 1. 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. h'. Any Services performed prior to the Effective Date listed above, but on or after the Coinniencement Date, shall for all purposes be deemed to have been performed pursuant to this Agreement, subJect to the terms and conditions hereof. six,nQN 4. INSURANCI?: Consultant shall be responsible for maintaining automobile liability insurance with the City. 2 Sp,cuON 5. NOTim 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 Huclson Hudson Consulting Services 11865 Ann Arbor Court Riverside, CA 92505 Notices shrill 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 d .1 I3y: NAME: Hilario Gonzales TITLE: Mayor A B APPROVED AS TO FORM: CONSULTANT Hudson Consulting Services 1 W y: a Linda Hudson, Principal By Michael B. Montgomery, Intcrin y Attorney 3 Juarez, Debbie From: Barcia, Ana Sent: Wednesday, September 21, 2011 9:26 AM To: Juarez, Debbie Subject: RE: Linda Hudson Consulting - Insurance Inquiry Yes, current insurance on file. O Ana Barcia City of Vernon T: 323) 583-8811 ex 286 F: 323) 826-1439 abarciagci.vernon.ca. us From: Juarez, Debbie Sent: Wednesday, September 21, 2011 9:25 AM To: Barcia, Ana Subject: Linda Hudson Consulting - Insurance Inquiry Hi Ana. Does she have valid insurance on file? Thanks 'De6ora( Juarez ,ecorcfrYlana�jenrent Ass'is!-a��t City of'Vernon - City CferCs Office 4305 Santa Tewenue Vernon, CA 90058 (332.3) 58.3-8811 � Of VER R C I V E D AUG 2 9 2011 STAFF REPORT CITY CLERK'S OFFICE City Clerk DATE: TO: FROM RE: Background: August 25, 2011 Honorable Mayor and City Council Willard G. Yamaguchi, City Clerk Hudson Consulting Services - Special Mailed Ballot Election on November 22, 2011 RECEIVED AUG 2 9 2011 CITY ADMINISTRATION On November 22, 2011, the City of Vernon will be conducting a Special Mailed Ballot 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 Special 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 previous City of Vernon Municipal Elections. Based on the services provided by Hudson in the past, it would be in the City's best interest to retain her services for the Special Mailed Ballot Election. Recommendation: I recommend that the Council approve the Agreement for Election Consulting Services between the City of Vernon'and Hudson for the Special Mailed Ballot Election on November 22, 2011. WGY/ab Phut S��F,cY IN OU"e,P CITY ATTORNEY'S OFFICE INTER -DEPARTMENT MEMORANDUM DATE: August 25, 2011 TO: Willard G. Yamaguchi, City Clerk FROM: Mike Montgomery, Interim City Attorne ,e RE: Hudson Consulting Services I have received and reviewed the agreement and the attachments thereto. The agreement for election consultant services is approved as to form. MM:em Enclosures