CC - Item 4K - Hudson Consulting Services for Special Election0
ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: OLIVER C. CHI, CITY MANAGER OL. C -
DATE: AUGUST 26, 2008
SUBJECT: AUTHORIZATION TO OBTAIN THE SERVICES OF HUDSON
CONSULTING SERVICES FOR THE SPECIAL CONSOLIDATED
MUNICIPAL ELECTION - NOVEMBER 4, 2008 AND THE GENERAL
MUNICIPAL ELECTION - MARCH 3, 2009
SUMMARY
Election consultant services are being requested for the upcoming Special Consolidated
Election to be held November 4, 2008, as well as, the General Municipal Election to be
held on March 3, 2009. The City of Rosemead is under the Department of Justice's
Consent Decree to conduct the City's election to meet the Voting Rights Act (VRA).
The Decrees are numerous and must be followed exactly. It requires that the City be
concise and deliberate in our actions and that staff is allocated the appropriate amount
of time to be able to carry out the Decrees. That task alone would require the full
attention of a City Clerk, who must also run the election. The consultant will assume
much of the burden of addressing the Consent Decree mandates and offer assistance
and advise as we conduct these elections.
Some of the responsibilities the consultant will provide are to assist the City Clerk with
coordination of all items as stated in the Consent Decree; ensure that all election time
lines will be adhered as required by the Election Code; assist with the coordination in
connection with Absentee Voters, voter signature verification, and coordination with the
County Register Recorder regarding the same; coordinate the recruitment and training
of bilingual workers at the polling places and City Hall; assist with the completion of
post-election processing; and assist the City Clerk as needed.
The consultant will be used "as needed" during the Special Consolidated Election
scheduled November 4, 2008, given that the Los Angeles County Register will be
conducting most of that election.
However, during the March 3, 2009, General Municipal Election the consulting services
will be used in a continuous basis. The Election Consulting Services shall be provided
at sixty dollars ($60.00) per hour.
APPROVED FOR CITY COUNCIL AGENDA: 0 - ITEM NUMBER:
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City Council Meeting
August 26, 2008
Page 2 of 2
Staff Recommendation
That the City Council approve the agreement with Hudson Consulting Services and
authorize the City Manager and the City Clerk to execute the agreement.
FINANCIAL REVIEW
On June 10, 2008, the City Council through the adoption of the 2008-2009 Annual
Operating and Capital Improvement Budget appropriated $36,000 for the General
Municipal Election Consultant Services.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
GLORIA MOLLEDA
CITY CLERK
Attachment A: Hudson Consulting Services Agreement
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C
AGREEMENT FOR ELECTION CONSULTANT SERVICES
THIS AGREEMENT is entered into this day of August, 2008 by and between the CITY
OF ROSEMEAD 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 4, 2008 Consolidated Election and the March 3, 2009 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:
Provide support to the City Clerk for the City measure consolidated on the County's
November 4, 2008 ballot.
Provide support to the City Clerk in conducting and implementing all requirements of
a General 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; assist in managing all necessary
election processes to comply with current Election Code; assist with coordination, in
conjunction with the City Clerk and all other necessary entities, of all items as stated
in the Consent Decree, Order, and Judgment between the United States of America
and the City of Rosemead as signed and consented to; 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;
Assist in coordination with said entities in connection with Absentee Voters, including
but not limited to, processing of absentee voter requests and ballots, voter signature
verification through VIMS, and coordination with the Registrar-Recorder's office
regarding the same;
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Assist with planning and coordination of election day activities including election
officers, all boards, and the Registrar-Recorder's office regarding the same;
Assist with completion of post-election processing including, but not limited to, the
certificate of canvass and declaration of results.
Other election related services as reasonable requested by the.City Clerk of the City;
SECTION 2. COMPENSATION:
The compensation shall be Sixty Dollars ($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 l of this contract by March 31,
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's Manager and Attorney 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.
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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 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 Manager
City of Rosemead
8838 E. Valley Boulevard
Rosemead, CA 91770
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 ROSEMEAD
By:
Oliver Chi
City Manager
ATTEST:
By:
Gloria Molleda
City Clerk
CONSULTANT
By:
Linda Hudson
Hudson Consulting Services
APPROVED AS TO FORM:
By:
City Attorney