2200 - Election Consulting Services - Professional Election Services AGREEMENT FOR ELECTION CONSULTANT SERVICES
THIS AGREEMENT is entered into this I`trkday of 0 611013€it- . 2016 by and between the CITY
OF ROSEMEAD hereinafter referred to as CITY and SON TRANG 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
March 7,2017 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 Son Trang 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 coordination with and hiring poll workers for the March 7,2017 election;
• Assist with Vietnamese and Chinese translations; verbal and written;
• Assist with conducting the Advisory meetings; both in Vietnamese and Chinese;
• Assist with poll worker training class;
• Other election related services as reasonable requested by the City Clerk of the City;
SECTION 2. COMPENSATION:
The compensation shall be Twenty-two Dollars ($22.00) 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 Consultant shall bill the City on a bi-weekly 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 March 31,
2017.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.
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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 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
he 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 of Rosemead
Marc Donohue. City Clerk
8838 E. Valley Boulevard
Rosemead, CA 91770
CONSULTANT: Son Trang
2643 San Gabriel Boulevard
Rosemead, CA 91770
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as
follows:
CONSULTANT
CITY OF ROSEMEAD
By: ///�
USS \Z "tel`-`^ Son Trang
Bill R. Manis
City Manager
APPROVED AS TO FORM:
ATTEST: _ .i
ea
By: Rachel Richman
C tDonohue City Attorney
Cityy Clerk
CITY OF ROSEMEAD
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 11`" day of October, 2016 by and between
the City of Rosemead, a municipal organization organized under the laws of the State of
California with its principal place of business at 8838 E. Valley Blvd.. Rosemead, California
91770 ("City") and Martin & Chapman Company, a sole-proprietor with its principal place of
business at 1951 Wright Circle, Anaheim, California 92806 (`Consultant"). City and Consultant
are sometimes individually referred to herein as "Parry" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing state mandated claim
reimbursement services to public clients, is licensed in the State of California, and is familiar
with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the State Mandated Law
Enforcement Claims Reimbursement project (`Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional consulting services necessary for the
Project ("Services"). The Services are more particularly described in Exhibit "A" attached
hereto and incorporated herein by reference. All Services shall be subject to, and performed in
accordance with, this Agreement, the exhibits attached hereto and incorporated herein by
reference, and all applicable local, state and federal laws,rules and regulations.
3.1.2 Term. The term of this Agreement shall be from October 11, 2016 to
March 31, 2017, unless earlier terminated as provided herein. Consultant shall complete the
Services within the term of this Agreement, and shall meet any other established schedules and
deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
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Services shall be performed by Consultant or under its supervision. Consultant will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of
this Agreement. Any additional personnel performing the Services under this Agreement on
behalf of Consultant shall also not be employees of City and shall at all times be under
Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other
amounts due such personnel in connection with their performance of Services under this
Agreement and as required by law. Consultant shall be responsible for all reports and
obligations respecting such additional personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously. within the term of this Agreement. Consultant represents that it has the
professional and technical personnel required to perform the Services in conformance with such
conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond
to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a
more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other personnel of
at least equal competence upon written approval of City. In the event that City and Consultant
cannot agree as to the substitution of key personnel, City shall be entitled to terminate this
Agreement for cause. As discussed below, any personnel who fail or refuse to perform the
Services in a manner acceptable to the City, or who are determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a
threat to the safety of persons or property, shall be promptly removed from the Project by the
Consultant at the request of the City. The key personnel for performance of this Agreement are
as follows: Scott Martin.
3.2.5 City's Representative. The City hereby designates the City Clerk or his or
her designee, to act as its representative for the performance of this Agreement ("City's
Representative"). City's Representative shall have the power to act on behalf of the City for all
purposes under this Contract. Consultant shall not accept direction or orders from any person
other than the City's Representative or his or her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Scott Martin.
or his designee, to act as its representative for the performance of this Agreement ("Consultant's
Representative"). Consultant's Representative shall have full authority to represent and act on
behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative
shall supervise and direct the Services, using his/her best skill and attention, and shall be
responsible for all means, methods. techniques, sequences and procedures and for the
satisfactory coordination of all portions of the Services under this Agreement.
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3.2.7 Coordination of Services. Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and other
staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to
them. Finally, Consultant represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Services, including a City Business License, and that such licenses and approvals shall be
maintained throughout the term of this Agreement. As provided for in the indemnification
provisions of this Agreement, Consultant shall perform, at its own cost and expense and without
reimbursement from the City, any services necessary to correct errors or omissions which are
caused by the Consultant's failure to comply with the standard of care provided for herein. Any
employee of the Consultant or its sub-consultants who is determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat
to the safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant
and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and
in compliance with all local, state and federal laws, rules and regulations in any manner affecting
the performance of the Project or the Services, including all Cal/OSHA requirements, and shall
give all notices required by law. Consultant shall be liable for all violations of such laws and
regulations in connection with Services. If the Consultant performs any work knowing it to be
contrary to such laws, rules and regulations and without giving written notice to the City,
Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend,
indemnify and hold City, its officials, directors, officers, employees and agents free and
harmless, pursuant to the indemnification provisions of this Agreement, from any claim or
liability arising out of any failure or alleged failure to comply with such laws, rules or
regulations.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Architect shall maintain prior to the
beginning of and for the direction of this Agreement insurance coverage as specified in Exhibit B
attached to and part of this agreement.
3.2.11 Safety. Contractor shall execute and maintain its work so as to
avoid injury or damage to any person or property. In carrying out its Services, the Contractor
shall at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees appropriate
to the nature of the work and the conditions under which the work is to be performed. Safety
precautions as applicable shall include, but shall not be limited to: (A) adequate life protection
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and life saving equipment and procedures; (B) instructions in accident prevention for all
employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges,
gang planks, confined space procedures, trenching and shoring, equipment and other safety
devices, equipment and wearing apparel as are necessary or lawfully required to prevent
accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all
safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement. The total
compensation shall not exceed seventy six thousand and nine hundred and eight four dollars
($76,984.00) without advance written approval of the city manager's project manager. Extra
Work may be authorized, as described below, and if authorized, will be compensated at the rates
and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City statement
which indicates work completed by Consultant.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work
which is determined by City to be necessary for the proper completion of the Project, but which
the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor he compensated for, Extra Work without written authorization
from City's Representative.
3.3.5 Prevailing Wages. Consultant is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 1600, et seq.. ("Prevailing Wage Laws"), which require the payment of
prevailing wage rates and the performance of other requirements on "public works" and
"maintenance" projects. If the Services are being performed as part of an applicable "public
works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage
Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in
effect at the commencement of this Agreement. Consultant shall make copies of the prevailing
rates of per diem wages for each craft, classification or type of worker needed to execute the
Services available to interested parties upon request, and shall post copies at the Consultant's
principal place of business and at the project site. Consultant shall defend, indemnify and hold
the City, its elected officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
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records shall be clearly identifiable. Consultant shall allow a representative of City during
normal business hours to examine, audit, and make transcripts or copies of such records and any
other documents created pursuant to this Agreement. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof,
at ninety (90) days before the effective date of such termination.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided
herein, City may require Consultant to provide all finished or unfinished Documents and Data
and other information of any kind prepared by Consultant in connection with the performance of
Services under this Agreement. Consultant shall be required to provide such document and other
information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in
whole or in part as provided herein, City may procure, upon such terms and in such manner as it
may determine appropriate, services similar to those terminated.
33.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
CONSULTANT:
Martin &Chapman
1951 Wright Circle
Anaheim, CA 95819
Attn: Scott Martin
CITY:
City of Rosemead
8838 E. Valley Boulevard
Rosemead, CA 91770
Attn: Marc Donohue
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the date
actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This
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Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require
all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license
for any Documents & Data the subcontractor prepares under this Agreement. Consultant
represents and warrants that Consultant has the legal right to license any and all Documents &
Data. Consultant makes no such representation and warranty in regard to Documents & Data
which were prepared by design professionals other than Consultant or provided to Consultant by
the City. City shall not be limited in any way in its use of the Documents and Data at any time,
provided that any such use not within the purposes intended by this Agreement shall be at City's
sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from the
losing party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification. Consultant shall defend. indemnify and hold the City,its
officials, officers, employees, volunteers and agents free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to
property or persons, including wrongful death, in any manner arising out of or incident to any
alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees,
agents, consultants and contractors arising out of or in connection with the performance of the
Services, the Project or this Agreement, including without limitation the payment of all
consequential damages and attorneys fees and other related costs and expenses. Consultant shall
defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or
other legal proceedings of every kind that may be brought or instituted against City, its directors,
officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any
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judgment, award or decree that may be rendered against City or its directors, officials, officers,
employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant
shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for
any and all legal expenses and costs incurred by each of them in connection therewith or in
enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be
restricted to insurance proceeds, if any, received by the City, its directors, officials officers,
employees, agents or volunteers
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment. hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any
term referencing time, days or period for performance shall be deemed calendar days and not
work days. All references to Consultant include all personnel, employees, agents, and
subcontractors of Consultant, except as otherwise specified in this Agreement. All references to
City include its elected officials, officers, employees, agents, and volunteers except as otherwise
specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
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contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. Consultant further
agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic
Interest with the City's Filing Officer as required under state law in the performance of the
Services. For breach or violation of this warranty, City shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no member, officer or employee of
City, during the term of his or her service with City, shall have any direct interest in this
Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination. Consultant shall also comply with all relevant provisions of City's Minority
Business Enterprise program, Affirmative Action Plan or other related programs or guidelines
currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of
the work required by this Agreement, except as expressly stated herein, without prior written
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approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
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CITY OF ROSEMEAD MARTIN & CHAP AN 2.
By: 663.� "7`'b...� By: ,l� v;. N it
Bill R. Manic, City Manager Lit171,,D-1 J/3. Y1/v
Name:
Attest:
ter, Titie: /,/fil/.90v LA0
Marc Donohue, City Clerk
Approved as to Form: 4((/'
Rachel Richman, City Attorney
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EXHIBIT A
SCOPE OF SERVICES
Contractor shall render the following services in connection with the City of Rosemead's
General Municipal Election to be held on Tuesday, March 7, 2017:
a. The Contractor shall furnish to the City the election services and supplies which shall
include, but not be restricted to the following:
• Pre-election supplies - Instruction and procedures manuals
• Calendar of Events/Target Dates
• Nomination supplies
• Vote by Mail ballot supplies
• Precinct supplies
• Reports—voter registration and polling places
• Vote by Mail tracking system
• Mailing Labels for Permanent Vote by Mail ballots and Sample Ballots
• Sample BallotsNoter information pamphlets
• Official Ballots, including test/duplicate ballots and privacy sleeves
• Ballot counting services/election night supplies/operators
• Foreign language translation services
• Insert and mail Permanent Vote by Mail ballots (optional)
• Mailing services—for Sample Ballots
• Delivery services
b. Contractor shall be "on call" by telephone. This means that Contractor shall be available
at any time during regular business hours to the Contract Officer, or his/her designee,
prior to and during the election, and until the completion of the official canvass of the
election, and during the same period to, upon request, appear in person and work in
cooperation with the Contract Officer, or his/her designee, upon any election task or
problems which may arise.
c. Contractor shall furnish additional working forms, outlines, check lists and schedules
which will aid the Contract Officer, or his/her designee, in keeping track of procedural
details of the election. Such documents shall include, but are not limited to, forms,
outlines, check lists and schedules identified in Contractor's "Election Handbook", "Order
Form for Cities Conducting Own Election", and "City Information Fact Sheet Regarding
Your Upcoming Election".
d. Contractor shall prepare and mail the Voter Information Pamphlets to all eligible voters
in the city no later than 21 days prior to the election.
e. Contractor shall secure the services of qualified foreign language translators to ensure
that all relevant election materials comply with the federal Voting Rights Act and state
election laws.
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f. Contractor shall otherwise provide such special and unique services, in close cooperation
with the Contract Officer, or his/her designee, as may be necessary for the successful
conduct of the election.
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EXHIBIT B
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use existing
coverage to comply with these requirements. If that existing coverage does not meet the
requirements set forth here, Consultant agrees to amend,supplement or endorse the existing
coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set
forth in this section constitute the minimum amount of coverage required. Any insurance
proceeds available to City in excess of the limits and coverage required in this agreement and
which is applicable to a given loss, will be available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial General
Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition
to limits. There shall be no cross liability exclusion for claims or suits by one insured against
another. Limits are subject to review but in no event less than $1,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1
(Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that
$1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a
non-owned auto endorsement to the general liability policy described above. If Consultant or
Consultant's employees will use personal autos in any way on this project, Consultant shall
provide evidence of personal auto liability coverage for each such person.
Workers Compensation on a state-approved policy form providing statutory benefits as required
by law with employer's liability limits no less than $1,000,000 per accident or disease.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall
provide coverage at least as broad as specified for the underlying coverages. Any such coverage
provided under an umbrella liability policy shall include a drop down provision providing
primary coverage above a maximum $25,000 self-insured retention for liability not covered by
primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf' basis,
with defense costs payable in addition to policy limits. Policy shall contain a provision obligating
insurer at the time insured's liability is determined, not requiring actual payment by the insured
first. There shall be no cross liability exclusion precluding coverage for claims or suits by one
insured against another. Coverage shall be applicable to City for injury to employees of
Consultant, subconsultants or others involved in the Work. The scope of coverage provided is
subject to approval of City following receipt of proof of insurance as required herein. Limits are
subject to review but in no event less than $1,000,000 per occurrence.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a
policy form coverage specifically designed to protect against acts, errors or omissions of the
consultant and `Covered Professional Services" as designated in the policy must specifically
include work performed under this agreement. The policy limit shall be no less than $1,000,000
per claim and in the aggregate. The policy must "pay on behalf of the insured and must include
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a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or
before the effective date of this agreement.
Insurance procured pursuant to these requirements shall be written by insurers that are admitted
carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum
financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant. Consultant and
City agree to the following with respect to insurance provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability coverage
required herein to include as additional insureds City, its officials, employees and agents,
using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant
also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit
Consultant, or Consultant's employees. or agents, from waiving the right of subrogation
prior to a loss. Consultant agrees to waive subrogation rights against City regardless of
the applicability of any insurance proceeds, and to require all contractors and
subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or applicable to
this agreement are intended to apply to the full extent of the policies. Nothing contained
in this Agreement or any other agreement relating to the City or its operations limits the
application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these requirements if
they include any limiting endorsement of any kind that has not been first submitted to
City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to eliminate
so-called"third party action over" claims, including any exclusion for bodily injury to an
employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and
additional requirements by the City, as the need arises. Consultant shall not make any
reductions in scope of coverage (e.g. elimination of contractual liability or reduction of
discovery period) that may affect City's protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of
insurance evidencing all of the coverages required and an additional insured endorsement
to Consultant's general liability policy, shall be delivered to City at or prior to the
execution of this Agreement.In the event such proof of any insurance is not delivered as
required, or in the event such insurance is canceled at any time and no replacement
coverage is provided, City has the right, but not the duty, to obtain any insurance it deems
necessary to protect its interests under this or any other agreement and to pay the
premium. Any premium so paid by City shall be charged to and promptly paid by
Consultant or deducted from sums due Consultant, at City option.
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8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any
cancellation of coverage. Consultant agrees to require its insurer to modify such
certificates to delete any exculpatory wording stating that failure of the insurer to mail
written notice of cancellation imposes no obligation, or that any party will "endeavor" (as
opposed to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage required to
be provided by Consultant or any subcontractor, is intended to apply first and on a
primary, noncontributing basis in relation to any other insurance or self insurance
available to City.
10. Consultant agrees to ensure that subcontractors, and any other party involved with the
project who is brought onto or involved in the project by Consultant, provide the same
minimum insurance coverage required of Consultant. Consultant agrees to monitor and
review all such coverage and assumes all responsibility for ensuring that such coverage is
provided in conformity with the requirements of this section. Consultant agrees that upon
request, all agreements with subcontractors and others engaged in the project will be
submitted to City for review.
I I. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on
any portion of the insurance required herein and further agrees that it will not allow any
contractor, subcontractor, Architect, Engineer or other entity or person in any way
involved in the performance of work on the project contemplated by this agreement to
self-insure its obligations to City. If Consultant's existing coverage includes a deductible
or self-insured retention, the deductible or self-insured retention must be declared to the
City. At that time the City shall review options with the Consultant, which may include
reduction or elimination of the deductible or selfinsured retention, substitution of other
coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to change the
amounts and types of insurance required by giving the Consultant ninety (90)days
advance written notice of such change. If such change results in substantial additional
cost to the Consultant, the City will negotiate additional compensation proportional to the
increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to
have been executed immediately upon any party hereto taking any steps that can be
deemed to be in furtherance of or towards performance of this Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City
to inform Consultant of non-compliance with any insurance requirement in no way
imposes any additional obligations on City nor does it waive any rights hereunder in this
or any other regard.
15. Consultant will renew the required coverage annually as long as City, or its employees or
agents face an exposure from operations of any type pursuant to this agreement.This
obligation applies whether or not the agreement is canceled or terminated for any reason.
D-3
Termination of this obligation is not effective until City executes a written statement to
that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring during
the term of this Agreement have been renewed or replaced with other policies providing
at least the same coverage. Proof that such coverage has been ordered shall be submitted
prior to expiration. A coverage binder or letter from Consultant's insurance agent to this
effect is acceptable. A certificate of insurance and/or additional insured endorsement as
required in these specifications applicable to the renewing or new coverage must be
provided to City within five days of the expiration of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the obligations
of Consultant under this agreement. Consultant expressly agrees not to use any statutory
immunity defenses under such laws with respect to City, its employees, officials and
agents.
18. Requirements of specific coverage features or limits contained in this section are not
intended as limitations on coverage, limits or other requirements nor as a waiver of any
coverage normally provided by any given policy. Specific reference to a given coverage
feature is for purposes of clarification only as it pertains to a given issue, and is not
intended by any party or insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any other
provision in this agreement and are intended by the parties here to be interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts with or impairs the
provisions of this Section.
21. Consultant agrees to he responsible for ensuring that no contract used by any party
involved in any way with the project reserves the right to charge City or Consultant for
the cost of additional insurance coverage required by this agreement. Any such
provisions are to be deleted with reference to City. It is not the intent of City to reimburse
any third party for the cost of complying with these requirements. There shall be no
recourse against City for payment of premiums or other amounts with respect thereto.
Consultant agrees to provide immediate notice to City of any claim or loss against Consultant
arising out of the work performed under this agreement. City assumes no obligation or liability
by such notice, but has the right (but not the duty) to monitor the handling of any such claim or
claims if they are likely to involve City.
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AGREEMENT FOR ELECTION CONSULTANT SERVICES
THIS AGREEMENT is entered into this t day of Qc 4Q 1 n 2016 by and between the CITY
OF ROSEMEAD, hereinafter referred to as CITY and LINDA HUDSON, an individual,
hereinafter referred to as CONSULTANT. City and Consultant are sometimes individually
referred to as "Party" and collectively as 'Parties." Parties agree to the following terms and
conditions:
A. The City wishes to engage the services of Consultant to assist in the conduct of the March
7, 2017 General Municipal Election for the City; and
B. The City and Consultant desire to provide for certain procedures, benefits, and
requirements regarding the employment of Consultant by 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 Linda Hudson 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 election consulting services for the City of Rosemead's March 7,2017 General
Municipal Election,including coordination between the City Clerk and City Clerk staff,
Martin & Chapman Co., the Los Angeles County Registrar-Recorder, and all other
necessary entities to insure cohesiveness; to assist with all necessary election processes
in order to comply with the current California Elections Code; to assure impartiality to
all candidates and/or measures placed on the ballot for said election: and to ensure that
all election time lines are adhered to pursuant to the current Elections Code;
• Provide assistance with Martin & Chapman's Vote-By-Mail Voter Tracking System
including, but not limited to, ballot processing, voter signature verification through
VIMS, and coordination with the Registrar-Recorder's office regarding the same;
• Provide assistance with the planning and coordination of pre-election day activities
including, but not limited to, polling places, election officers, etc.;
• Provide a pre-election poll worker training class at an agreed upon date and time;
• Provide assistance with planning and coordination of election day activities including,
but not limited to, central counting boards and counting procedures;
Page 1 of 3
Provide assistance with post-election processing including, but not limited to, the
• certificate of canvass and declaration of results;
• All other election related services as reasonably requested by the Clerk of the City.
SECTION 2. COMPENSATION:
The compensation shall be One Hundred Dollars ($100.00) 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 total compensation of this Agreement
shall not exceed $5,000.00 unless agreed to, in writing, by City and Consultant.
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 March 30,
2017, 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 Clerk 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:
Page 2 of 3
Consultant shall be responsible for maintaining 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.
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 of Rosemead
Marc Donohue, City Clerk
8838 E. Valley Boulevard
Rosemead, CA 91770
CONSULTANT: Linda Hudson
1614 Avenida Entrada
San Dimas, CA 91773
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 CONSULTANT By 137:
Bill R. Manis Linda Hudson
City Manager
ATTEST: APPROVED AS TO FORM:
nirBy: CC( dl
Marc Donohue Rachel Richman
City Clerk City Attorney
Page 3 of 3
AGREEMENT FOR ELECTION CONSULTANT SERVICES
THIS AGREEMENT is entered into this l`frhday of October . 2016 by and between the CITY
OF ROSEMEAD hereinafter referred to as CITY and SON TRANG 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
March 7, 2017 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 Son Trang 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 coordination with and hiring poll workers for the March 7,2017 election;
• Assist with Vietnamese and Chinese translations; verbal and written;
• Assist with conducting the Advisory meetings; both in Vietnamese and Chinese;
• Assist with poll worker training class;
• Other election related services as reasonable requested by the City Clerk of the City;
SECTION 2. COMPENSATION:
The compensation shall be Twenty-two Dollars ($2200) 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 Consultant shall bill the City on a bi-weekly 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 March 31,
2017, 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.
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 of Rosemead
Marc Donohue, City Clerk
8838 E. Valley Boulevard
Rosemead, CA 91770
CONSULTANT: Son Trang
2643 San Gabriel Boulevard
Rosemead, CA 91770
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as
follows:
CITY OF ROSEMEAD CONSULTANT
/�^
By: �.�15.4 1Z —s—�—c�� By: /
Bill R. Manis Son Trang
City Manager
ATTEST: APPROVED AS TO FORM:
dir C)
By: B I ts,(A ZL
Marc Donohue Rachel Richman
City Clerk City Attorney