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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: 0 • 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 • 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; t! • • 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. s • 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