HomeMy WebLinkAbout2009-11-10 - AGENDA REPORTS - GEN MUNI ELECTION APR 13 2010 (2)Agenda Item:
CITY OF SANTA CLARITA
AGENDA REPORT
v
CONSENT CALENDAR City Manager Approval:
Item to be presented by: Sharon Dawson
DATE: November 10, 2009
SUBJECT: GENERAL MUNICIPAL ELECTION - APRIL 13, 2010
DEPARTMENT: Administrative Services
RECOMMENDED ACTION
City Council:
1) Adopt a resolution calling and giving notice of the General Municipal Election to be held
April 13, 2010.
2) Adopt a resolution requesting the County of Los Angeles to render specified services to the
City.
3) Adopt a resolution adopting regulations for candidates for elective office.
4) Authorize the City Manager or designee to execute a contract with Martin & Chapman
Company to provide election services in the amount of $135,000, and authorize a 10%
contingency of $13,500, for a total of $148,500, subject to City Attorney approval.
BACKGROUND
The procedures for conducting a General Municipal Election are established by State law.
Pursuant to these requirements, a resolution has been prepared, which calls and gives notice of a
General Municipal Election to be held on April 13, 2010, for the purpose of electing three
councilmembers for a term of four years each.
This resolution also states that the polls will be open from 7 a.m. to 8 p.m. on election day. The
Candidate Filing Period will open on Monday, December 21, 2009, and run until 5 p.m. on
Friday, January 15, 2010. If any incumbent does not file by this deadline, the filing period is
extended five calendar days, until Wednesday, January 20, 2010, when candidates, other than
incumbents, may file. ,
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Adopted: 6,m. o q-qoL, /
Section 10002 of the Elections Code provides that the City Council may, by resolution, request
the Board of Supervisors to permit the County Elections Official to render specified services to
the City relating to the conduct of an election. The services include preparing and furnishing the
computer record of the names and addresses of all eligible registered voters, so that the City can
have labels printed to be attached to self -mailer sample ballot pamphlets and furnishing printed
indices of the voters to be used by the precinct board at the polling places.
Section 13307 of the Elections Code allows each candidate to prepare a statement to be printed in
the sample ballot that is mailed to each registered voter. This section of the Elections Code also
allows the City Clerk to estimate the cost of the Candidates' Statements and requires each
candidate filing a statement to pay, in advance to the City, his or her pro -rata share as a condition
of having his or her statement included with the sample ballot. Any unused deposit shall be
refunded within 30 days after the election. In the event of underpayment, the candidate may be
billed for his or her pro -rata share of actual costs.
Section 10262 of the Elections Code states that the elections official (City Clerk) shall conduct
the canvass, which shall be completed no later than the fourth Friday after the election. Upon
completion of the canvass, the elections official shall certify the results to the governing body
who shall, no later than the fourth Friday after the election, pass a resolution reciting the fact of
the election. It is anticipated that the certified election results will be presented to the City
Council at the April 27, 2010, meeting.
The City also retains Martin & Chapman Company to provide professional services, supplies,
and assistance during the election process and on election night. These services include printing
the sample ballots, election day ballots and vote -by -mail ballots, providing precinct supplies in
all required languages, training poll workers, providing equipment and software for tracking
vote -by -mail applications and ballots, and assisting with counting the ballots on election night.
ALTERNATIVE ACTIONS
No alternative actions have been identified by staff.
FISCAL IMPACT
Adequate funds have been appropriated as part of the FY 2009/2010 budget process to conduct
this election.
ATTACHMENTS
Resolution - Calling the Election
Resolution - Requesting LA County Services
Resolution - Adopting Regulations
Contract with Martin & Chapman available in the City Clerk's Reading File
l
RESOLUTION NO. 09-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, CALLING AND GIVING NOTICE OF
THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, APRIL 13, 2010, FOR THE ELECTION OF CERTAIN OFFICERS AS
REQUIRED BY THE PROVISIONS RELATING TO GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to general law cities in the State of
California, a General Municipal Election shall be held on April 13, 2010, for the election of
Municipal Officers.
NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as
follows:
SECTION 1. That pursuant to the requirements of the laws of the State of California
relating to General Law Cities, there is called and ordered to be held in the City of Santa Clarita,
California, on Tuesday, April 13, 2010, a General Municipal Election for the purpose of electing
three members of the City Council for the full term of four years.
SECTION 2. That the ballots to be used at the election shall be in form and content as
required by law.
SECTION 3. That the City Clerk is authorized, instructed, and directed to procure and
furnish any and all official ballots, notices, printed matter and all supplies, equipment and
paraphernalia that may be necessary in order to properly and lawfully conduct the election.
SECTION 4. That the polls for the election shall be open at seven o'clock a.m. of the
day of the election and shall remain open continuously from that time until eight o'clock p.m. of
the same day when the polls shall be closed, except as provided in Section 14401 of the Elections
Code of the State of California.
SECTION 5. That pursuant to Elections Code Section 12310, a stipend for services for
the persons named as precinct board members is fixed at the sum of $100 for each Inspector; $80
for each Clerk; and $25 for each Student for the election. The rental for each polling place,
where a charge is made, shall be the sum of $25 for the election. When required, the
compensation of the Custodian of a building shall be $15 for the election. An additional stipend
of $25 shall be paid to all precinct board members who work on election day that attend
City -provided training. An additional stipend of $25 will be paid to each Inspector who picks up
their supplies from City Hall.
SECTION 6. That in all particulars not recited in this resolution, the election shall be
held and conducted as provided by law for holding municipal elections.
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SECTION 7. That notice of the time and place of holding the election is given and the
City Clerk is authorized, instructed, and directed to give further or additional notice of the
election, in time, form, and manner as required by law.
SECTION 8. That the City Clerk shall certify to the passage and adoption of this
Resolution, and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED this I Oth day of November, 2009.
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Sharon L. Dawson, MMC, City Clerk of the City of Santa Clarita, do hereby certify that
the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a
regular meeting thereof, held on the I Oth day of November, 2009, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
2
CITY CLERK
-- y-
2
-
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
CERTIFICATION OF
CITY COUNCIL RESOLUTION
I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true
and correct copy of the original Resolution No. 09 _, adopted by the City Council of the City of
Santa Clarita, California on November 10, 2009, which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this day of
, 20 .
Sharon L. Dawson, MMC
City Clerk
By
Susan Caputo, CMC
Deputy City Clerk
3
—5-
RESOLUTION NO. 09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS
OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY
RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, APRIL 13, 2010
WHEREAS, a General Municipal Election is to be held in the City of Santa Clarita,
California, on April 13, 2010; and
WHEREAS, in the course of conduct of the election it is necessary for the City to request
services of the County of Los Angeles; and
WHEREAS, all necessary expenses in performing these services shall be paid by the City
of Santa Clarita.
NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as
follows:
SECTION 1. That pursuant to the provisions of Section 10002 of the Elections Code of
the State of California, this City Council requests the Board of Supervisors of the County of Los
Angeles to permit the County Election Department to prepare and furnish to the City for use in
conducting the election the computer record of the names and addresses of all eligible registered
voters in the City in order that the City's consultant may produce labels for vote -by -mail voters;
produce labels for sample ballot pamphlets; print Rosters of Voters and Street Indexes; and will
also furnish to the City, voter signature verification services as needed; and will make available
to the City election equipment and assistance as needed according to State law.
SECTION 2. That the City shall reimburse the County of Los Angeles for services
performed when the work is completed and upon presentation to the City of a properly approved
bill.
SECTION 3. That the City Clerk is directed to forward without delay to the Board of
Supervisors and to the County Election Department, each a certified copy of this resolution.
SECTION 4. That the City Clerk shall certify to the passage and adoption of this
resolution.
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PASSED, APPROVED AND ADOPTED this 10th day of November, 2009.
MAYOR
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Sharon L. Dawson, MMC, City Clerk of the City of Santa Clarita, do hereby certify that
the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a
regular meeting thereof, held on the 10th day of November, 2009, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
CERTIFICATION OF
CITY COUNCIL RESOLUTION
I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true
and correct copy of the original Resolution No. 09-, adopted by the City Council of the City of
Santa Clarita, California on November 10, 2009, which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this day of
, 20—.
Sharon L. Dawson, MMC
City Clerk
By
Susan Caputo, CMC
Deputy City Clerk
3
M
RESOLUTION NO. 09-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE
STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION
TO BE HELD ON TUESDAY, APRIL 13, 2010
WHEREAS, Section 13307 of the Elections Code of the State of California provides that
the governing body of any local agency adopt regulations pertaining to materials prepared by any
candidate for a municipal election, including costs of the candidate's statement.
NOW, THEREFORE, the City Council of the City of Santa Clarita, California, does
resolve as follows:
SECTION 1. GENERAL PROVISIONS. That pursuant to Section 13307 of the
Elections Code of the State of California, each candidate for elective office to be voted for at an
Election to be held in the City of Santa Clarita on April 13, 2010, may prepare a candidate's
statement on an appropriate form provided by the City Clerk. The statement may include the
name, age, and occupation of the candidate and a brief description of no more than 200 words of
the candidate's education and qualifications expressed by the candidate himself or herself. The
statement shall not include party affiliation of the candidate, nor membership or activity in
partisan political organizations. The statement shall be filed, in typewritten form, in the office of
the City Clerk at the time the candidate's nomination paper is filed. The statement may be
withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of
the next working day after the close of the nomination period.
The statement of each candidate shall be printed in type of uniform size and darkness and
with uniform spacing. Paragraphs will be printed in block style and may include bullet points.
No underlining and no bold lettering will be permitted. Limited use of all capital letters may be
considered.
SECTION 2. FOREIGN LANGUAGE POLICY
A. Pursuant to the Federal Voting Rights Act, the City is required to translate candidates'
statements into the following languages: Spanish.
B. Pursuant to State law, the candidate's statement must be translated and printed in the
voter's pamphlet in any language at the candidate's request.
C. All translations shall be provided by Court -certified translators provided by the City's
election supplier, Martin & Chapman.
17
D. The City Clerk shall:
1. Translations:
(a) have all candidates' statements translated into the languages specified in (A)
above.
(b) have translated those statements into the languages as requested by the
candidate in (B) above.
2. Printing:
(a) print any translations of candidates who so request printing in the main
voter pamphlet. The main voter pamphlet will be an English and Spanish
pamphlet, also containing candidate statement translations in other languages if
requested by the candidate.
(b) have all translations made available upon request in the office of the City
Clerk.
SECTION 3. PAYMENT
A. Translations:
1. The candidate shall be required to pay for the cost of translating the candidate's
statement into any required foreign language as specified in (A) and/or (B) above pursuant to
Federal and/or State Law.
2. The candidate shall be required to pay for the cost of translating the candidate's
statement into any foreign language that is not required as specified in (A) and/or (B) of Section
2 above, pursuant to Federal and/or State law, but is requested as an option by the candidate.
B. Printing:
1. The candidate shall be required to pay for the cost of printing the candidate's
statement in English in the main voter pamphlet.
2. The candidate shall be required to pay for the cost of printing the candidate's
statement in a foreign language requested by the candidate per (B) of Section 2 above, in the
main voter pamphlet.
3. The candidate shall not be required to pay for the cost of printing the candidate's
statement in a foreign language required by (A) of Section 2 above, in the main voter pamphlet
2 /O
The City Clerk shall estimate the total cost of printing, handling, translating, and mailing
the candidates' statements filed pursuant to this section, including costs incurred as a result of
complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a
statement to pay in advance to the local agency his or her estimated pro rata share as a condition
of having his or her statement included in the voter's pamphlet. In the event the estimated
payment is required, the estimate is just an approximation of the actual cost that varies from one
election to another election and may be significantly more or less than the estimate, depending on
the actual number of candidates filing statements. Accordingly, the Clerk is not bound by the
estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund
any excess paid depending on the final actual cost. In the event of overpayment, the Clerk shall
prorate the excess amount among the candidates and refund the excess amount paid within 30
days of the election.
SECTION 4. MISCELLANEOUS. The City Clerk shall comply with all
recommendations and standards set forth by the California Secretary of State regarding
occupational designations and other matters relating to elections.
SECTION 5. ADDITIONAL MATERIALS. No candidate will be permitted to include
additional materials in the sample ballot package (voter's pamphlet).
SECTION 6. That the City Clerk shall provide each candidate or the candidate's
representative a copy of this Resolution at the time nominating petitions are issued.
SECTION 7. That all previous resolutions establishing Council policy on payment for
candidate statements are repealed.
SECTION 8. That this Resolution shall apply only to the election to be held on
April 13, 2010, and shall then be repealed.
SECTION 9. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED this 10th day of November, 2009.
ATTEST:
CITY CLERK
UN •'
3 `
!J
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Sharon L. Dawson, MMC, City Clerk of the City of Santa Clarita, do hereby certify that
the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a
regular meeting thereof, held on the 10th day of November, 2009, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK
4 ��
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
CERTIFICATION OF
CITY COUNCIL RESOLUTION
I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true
and correct copy of the original Resolution 09- adopted by the City Council of the City of
Santa Clarita, California on , 2009, which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this day of
, 2009.
Sharon L. Dawson, MMC
City Clerk
By
Susan Caputo, CMC
Deputy City Clerk
5 �3
PROFESSIONAL SERVICES AGREEMENT
BETWEEN -
THE CITY OF SANTA CLARITA AND
Martin & Chapman Company
Contract No. 09-00455
This AGREEMENT is entered into this day of 20 , by and
between the CITY OF SANTA CLARITA, a municipal corporation and general law city
("CITY") and [Martin & Chapman Company], ("CONSULTANT").
1. CONSIDERATION.
A. As partial consideration, CONSULTANT agrees to perform the work listed in the
SCOPE OF SERVICES, below; and
B. As additional consideration, CONSULTANT and CITY agree to abide by the
terms and conditions contained in this Agreement; and
C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to
exceed One hundred forty-eight thousand, five hundred dollars ($148,500) for
CONSULTANT's services. CITY may modify this amount as set forth below.
Unless otherwise specified by written amendment to this Agreement, CITY will
pay this sum as specified in the attached Exhibit "A," which is incorporated by
reference.
2. SCOPE OF SERVICES.
A. CONSULTANT will perform services listed in the attached Exhibit "A," which is
incorporated by reference.
B. CONSULTANT will, in a professional manner, furnish all of the labor, technical,
administrative, professional and other personnel, all supplies and materials,
equipment, printing, vehicles, transportation, office space and facilities, and all
tests, testing and analyses, calculation, and all other means whatsoever, except as
herein otherwise expressly specified to be furnished by CITY, necessary or proper
to perform and complete the work and provide the professional services required
of CONSULTANT by this Agreement.
3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT
will use the appropriate generally accepted professional standards of practice existing at the time
of performance utilized by persons engaged in providing similar services. CITY will
continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any
deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any
shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne
by CONSULTANT.
Revised 7/2009 Page 1 of 10
4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement,
CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and
hourly rates for each personnel category and reimbursable costs (all as set forth in
Exhibit "A"), the tasks performed, the percentage of the task completed during the billing period,
the cumulative percentage completed for each task, the total cost of that work during the
preceding billing month and a cumulative cash flow curve showing projected and actual
expenditures versus time to date.
5. NON -APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for
current services are within the current budget and within an available, unexhausted and
unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient
funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement
will cover only those costs incurred up to the conclusion of the current fiscal year.
6. ADDITIONAL WORK.
A. If CONSULTANT believes Additional Work is needed to complete the Scope of
Work, CONSULTANT will provide the CITY with written notification that
contains a specific description of the proposed Additional Work, reasons for such
Additional Work, and a detailed proposal regarding cost.
7. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONSULTANT agrees that it has:
Carefully investigated and considered the scope of services to be
performed; and
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONSULTANT agrees that
CONSULTANT has or will investigate the site and is or will be fully acquainted
with the conditions there existing, before commencing the services hereunder
Should CONSULTANT discover any latent or unknown conditions that may
materially affect the performance of the services, CONSULTANT will
immediately inform CITY of such fact and will not proceed except at
CONSULTANT's own risk until written instructions are received from CITY
8. TERM. The term of this Agreement will be from November 13, 2009 to June 30, 2010.
Unless otherwise determined by written amendment between the parties, this Agreement will
terminate in the following instances:
A. Completion of the work specified in Exhibit "A."
B. Termination as stated in Section 15.
Revised 7/2009 Page 2 of ) 0
9. TIME FOR PERFORMANCE.
A. CONSULTANT will not perform any work under this Agreement until:
CONSULTANT furnishes proof of insurance as required under Section 22
of this Agreement; and
ii. CITY gives CONSULTANT a written notice to proceed.
B. Should CONSULTANT begin work on any phase in advance of receiving written
authorization to proceed, any such professional services are at CONSULTANT's
own risk.
10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond
CONSULTANT's control, CITY may grant a time extension for the completion of the contracted
services. If delay occurs, CONSULTANT must notify the Manager within forty-eight hours
(48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with
the Agreement's schedule. The Manager will extend the completion time, when appropriate, for
the completion of the contracted services.
11. CHANGES. CITY may order changes in the services within the general scope of this
Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the
contract time will be adjusted accordingly. All such changes must be authorized in writing,
executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in
the services will be determined in accordance with written agreement between the parties.
12. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a
Taxpayer Identification Number.
13. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and
maintain during the term of this Agreement, all necessary permits, licenses, and certificates that
may be required in connection with the performance of services under this Agreement.
14. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by
CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights
CITY may have under this Agreement or of any cause of action arising from CONSULTANT's
performance. A waiver by CITY of any breach of any term, covenant, or condition contained in
this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained in this Agreement, whether of the same or different
character.
15. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time
with or without cause.
B. CONSULTANT may terminate this Agreement at any time with CITY's mutual
consent Notice will be in writing at least thirty (30) days before the effective
Revised 7/2009 Page 3 of 10
termination date.
C. Upon receiving a termination notice, CONSULTANT will immediately cease
performance under this Agreement unless otherwise provided in the termination
notice. Except as otherwise provided in the termination notice, any additional
work performed by CONSULTANT after receiving a termination notice will be
performed at CONSULTANT'S own cost; CITY will not be obligated to
compensate CONSULTANT for such work.
D. Should termination occur, all finished or unfinished documents, data, studies,
surveys, drawings, maps, reports and other materials prepared by CONSULTANT
will, at CITY's option, become CITY's property, and CONSULTANT will
receive just and equitable compensation for any work satisfactorily completed up
to the effective date of notice of termination, not to exceed the total costs under
Section 1(C).
E. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
F. By executing this document, CONSULTANT waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
16. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models,
photographs and reports prepared by CONSULTANT under this Agreement are CITY's
property. CONSULTANT may retain copies of said documents and materials as desired, but
will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of
CONSULTANT's completed work product, for purposes other than identified in this Agreement,
or use of incomplete work product, is at CITY's own risk.
17. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service
under this Agreement, no copies, sketches, or graphs of materials, including graphic art work,
prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or
public CITY without CITY's prior written approval. All press releases, including graphic
display information to be published in newspapers or magazines, will be approved and
distributed solely by CITY, unless otherwise provided by written agreement between the parties
18. INDEMNIFICATION. CONSULTANT agrees to indemnify and hold CITY harmless from
and against any claim, action, damages, costs (including, without limitation, attorney's fees),
injuries, or liability, arising out of the performance of this agreement by CONSULTANT.
Should CITY be named in any suit, or should any claim be brought against it by suit or
otherwise, arising out of performance by CONSULTANT of services rendered pursuant to this
Agreement, CONSULTANT will defend CITY (at CITY's request and with counsel satisfactory
to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in
settlement or costs incurred in defense otherwise.
19. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services.
CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's
written approval are prohibited and will be null and void.
Revised 7/2009 Page 4 of 10
20. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that
CONSULTANT will act as an independent contractor and will have control of all work and the
manner in which is it performed. CONSULTANT will be free to contract for similar service to
be performed for other employers while under contract with CITY. CONSULTANT is not an
agent or employee of CITY and is not entitled to participate in any pension plan, insurance,
bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that
may appear to give CITY the right to direct CONSULTANT as to the details of doing the work
or to exercise a measure of control over the work means that CONSULTANT will follow the
direction of the CITY as to end results of the work only.
21. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with
respect to all services and matters covered under this Agreement. CITY will have free access at
all reasonable times to such records, and the right to examine and audit the same and to make
transcript therefrom, and to inspect all program data, documents, proceedings and activities
CONSULTANT will retain such financial and program service records for at least three (3) years
after termination or final payment under this Agreement.
22. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONSULTANT will procure and maintain the following
types of insurance with coverage limits complying, at a minimum, with the limits
set forth below:
Type of Insurance Limits
Commercial general liability: $1,000,000
Professional Liability $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement
B. Commercial general liability insurance will meet or exceed the requirements of
ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth
above will be a combined single limit per occurrence for bodily injury, personal
injury, and property damage for the policy coverage. Liability policies will be
endorsed to name CITY, its officials, and employees as "additional insureds"
under said insurance coverage and to state that such insurance will be deemed
"primary" such that any other insurance that may be carried by CITY will be
excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10
11 85 or 88, or equivalent. Such insurance will be on an "occurrence," not a
"claims made," basis and will not be cancelable or subject to reduction except
upon thirty (30) days prior written notice to CITY.
C. Professional liability coverage will be on an "occurrence basis" if such coverage
is available, or on a "claims made" basis if not available. When coverage is
provided on a "claims made basis," CONSULTANT will continue to renew the
Revised 7/2009 Pdge 5 of 10
insurance for a period of three (3) years after this Agreement expires or is
terminated. Such insurance will have the same coverage and limits as the policy
that was in effect during the term of this Agreement, and will cover
CONSULTANT for all claims made -by CITY arising out of any errors or
omissions of CONSULTANT, or its officers, employees or agents during the time
this Agreement was in effect.
D. Automobile coverage will be written on ISO Business Auto Coverage Form
CA 00 01 06 92, including symbol 1 (Any Auto).
E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement and such
other evidence of insurance or copies of policies as may be reasonably required
by CITY from time to time. Insurance must be placed with insurers with a current
A.M. Best Company Rating equivalent to at least a Rating of "A: VII."
F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance
required by this Agreement, City may obtain coverage at CONSULTANT'S
expense and deduct the cost of such insurance from payments due to
CONSULTANT under this Agreement or terminate. In the alternative, should
CONSULTANT fail to meet any of the insurance requirements under this
agreement, City may cancel the Agreement immediately with no penalty.
G. Should CONSULTANT'S insurance reou>red by this Agreement be cancelled at
any point prior to expiration of the policy, CONSULTANT must notify City
within 24 hours of receipt of notice of cancellation. Furthermore,
CONSULTANT must obtain replacement coverage that meets all contractual
requirements within 10 days of the prior insurer's issuance of notice of
cancellation. CONSULTANT must ensure that there is no lapse in coverage.
23 USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written
approval to use any consultants while performing any portion of this Agreement. Such approval
must approve of the proposed consultant and the terms of compensation.
24. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the
status on the project, which will include a schedule update and a short narrative description of
progress during the past month for each major task, a description of the work remaining and a
description of the work to be done before the next schedule update.
25. NOTICES All communications to either party by the other party will be deemed made
when received by such party at its respective name and address as follows:
If to CONSULTANT:
Martin & Chapman Co.
1951 Wright Circle
Anaheim, CA 92806-6028
Attention: Scott Martin, President
If to CITY:
City of Santa Clarita
23920 Valencia Boulevard, Suite 300
Santa Clarita, CA 91355
Attention: Mary Cusick
Revised 7/2009 Page 6 of 10
Any such written communications by mail will be conclusively deemed to have been received by
the addressee upon deposit thereof in the United States mail, postage prepaid and properly
addressed as noted above. In all other instances, notices will be deemed given at the time of
actual delivery. Changes may be made in the names or addresses of persons to whom notices are
to be given by giving notice in the manner prescribed in this paragraph.
26. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest
laws and regulations including, without limitation, CITY's Conflict of Interest Code (on file in
the City Clerk's Office). It is incumbent upon the CONSULTANT or CONSULTING FIRM to
notify the CITY pursuant to Section 25. NOTICES of any staff changes relating to this
Agreement.
A. In accomplishing the scope of services of this Agreement, all officers, employees
and/or agents of CONSULTANT(S), unless as indicated in Subsection B., will be
performing a very limited and closely supervised function, and, therefore, unlikely to
have a conflict of interest arise. No disclosures are required for any officers,
employees, and/or agents of CONSULTANT, except as indicated in Subsection B.
Initials of Consultant
B. In accomplishing the scope of services of this Agreement, CONSULTANT(S) will be
performing a specialized or general service for the CITY, and there is substantial
likelihood that the CONSULTANT'S work product will be presented, either written
or orally, for the purpose of influencing a governmental decision. As a result, the
following CONSULTANT(S) shall be subject to the Disclosure Category "1" of the
CITY's Conflict of Interest Code -
27. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor
retained any company or person, other than CONSULTANT's bona fide employee, 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 CONSULTANT's bona fide employee, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. Should CONSULTANT breach or violate this
warranty, CITY may rescind this Agreement without liability.
28. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is
generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any
other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or
CITY's obligations under this Agreement.
29. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
agreement will be in Los Angeles County.
Revised 7/2009 Page 7 of 10
30. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state,
and local laws applicable to this Agreement.
31. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire
understanding of the parties. There are no other understandings, terms or other agreements
expressed or implied, oral or written. There is ane (1) Attachment(s) to this Agreement. This
Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent
successors and assigns.
32. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this
Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole,
and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party
33. SEVERABILITY. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the
extent necessary in the opinion of the court to render such portion enforceable and, as so
modified, such portion and the balance of this Agreement will continue in full force and effect
34. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this Agreement and to
engage in the actions described herein. This Agreement may be modified by written amendment.
CITY's executive manager, or designee; may execute any such amendment on behalf of CITY.
35. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement,
agreements ancillary to this Agreement, and related documents to be entered into in connection
with this Agreement will be considered signed when the signature of a party is delivered by
facsimile transmission. Such facsimile signature will be treated in all respects as having the
same effect as an original signature.
36. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
37 TIME IS OF ESSENCE. Time is of the essence for each and every provision of this
Agreement.
38. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood,
explosion, acts of terrorism, war, embargo, government action, civil or military authority, the
natural elements, or other similar causes beyond the Parties' reasonable control, then the
Agreement will immediately terminate without obligation of either party to the other.
39. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT
represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity
to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its
financial resources, surety and insurance experience, service experience, completion ability,
personnel, current workload, experience in dealing with private consultants, and experience in
dealing with public agencies all suggest that CONSULTANT is capable of performing the
proposed contract and has a demonstrated capacity to deal fairly and effectively with and to
satisfy a public CITY.
Revised 7/2009 Page 8 of 10
40. PROTECTION OF RESIDENT WORKERS. The City of Santa Clarita actively supports
the Immigration and Nationality Act (INA), which includes provisions addressing employment
eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire
only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.)
and aliens authorized to work in the U.S. The employer must verify the identity and employment
eligibility of anyone to be hired, which includes completing the Employment Eligibility
Verification Form (I-9). The CONSULTANT shall establish appropriate procedures and
controls so no services or products under the Contract Documents will be performed or
manufactured by any worker who is not legally eligible to perform such services or employment
[SIGNATURES ON NEXT PAGE]
Revised 7/2009 Page 9 of 10
IN WITNESS WHEREOF, the parties hereto have executed this contract the day and
year first hereinabove written.
FOR CONTRACTOR:
By:
Print Name & Title
Date:
FOR CITY OF SANTA CLARITA:
KENNETH R. PULSKAMP, CITY MANAGER
By:
City Manager
Date:
ATTEST:
By:
City Clerk
Date:
APPROVED AS TO FORM:
CARL K. NEWTON, CITY ATTORNEY
By:
City Attorney
Date:
Revised 7/2009 Page 10 of 10
ATTACHMENT "A"
�
6 Mrjrtin & Chapman Cc. �:..:. v, ':•..y (:�. .....'.:::.,,.y e!Sai'.. ty., e`r1
_ ,G ..•� i
�W,.•.
1951 Wright Circle, Anaheim, CA i
/ 939-9B55 1 / 939-9S70
CITY OF SANTA CLARITA May 21, 2008
OFFICE OF THE CITY CLERK Invoice No. 28297
23920 VALENCIA BLVD SUITE 304 Contract No, 07-00397
SANTA CLARITA CA 91355-2175
GENERAL MUNICIPAL ELECTION
APRIL 8, 2008
_ Quantity
Description
I V1111 rm.,= 1
PRE-ELECTION SUPPLIES
NC
NC
1
Calendar of Events
1
Elections Code of California
NC
NC
1
Election Night Procedures Manual
NC
NC
NOMINATION SUPPLIES
$0.50
$10.00
20
Candidate's Statement Information Forms
20
Code of Fair Campaign Practices
$0.50
$10.00
20
Literature/Mass Mailing Requirements
$0.50
$10.00
20
Ballot Designation Worksheets
$0.50
$10.00
10
Supplemental Nomination Papers
$0.50
$5.00
20
Translation Information Sheets
$0.50
$10,00
20
Candidate's Election Calendars
$0.50
$10.00
iq
MAIL BALLOT SUPPLIES
1 Application for Vote by Mail Ballot (emalled)
$5,00
$5.00
1
Late Application for Vote by Mall Ballot (emalled)
$5.00
$5.00
19,300
Instructions for Voters - 8,5 x 11
$0,25
$4,825.00
Permanent Vote by Mail Information Sheets -Yellow
$0.05
$765.95
Gray/Secrecy Envelopes
$0.07
$1,316.00
118,000
Correction Identification/Return Envelopes
$0.35
$3.50
Provisional Ballot Envelopes
$0,35
$17.50
Outgoing Envelopes - #14 / w/ and w/o indicia
$50.00+0.30 ea
$5,450,00
1,300
Add'I Outgoing Envelopes - 2 add'I orders
$50.00+0.30 ea
$440,00
15,000
PVM ID/Return Envelopes - 411 - Yellow
$25.00+0,35 ea
$5,275.00
3,050
ID/Return Envelopes - #11 -,White / 2 setups
$50,00+0,30 ea
$965.00
1,300
Add'I ID/Return Envelopes - 2 add'i orders
$50.00+0,30 ea
$440,00
60
Voted Ballot Boxes for VBM Ballots -1 /2 size
$2,00
S 120.00
60
Labels for 1/2 size Voted Ballot Boxes
$0.50
$30.00
60
Seals for Voted Ballot Boxes
$0.50
$30.00
Santa Clarita 0408.xls
Quantity I
I Description
Unit Price
Total
PRECINCT SUPPLIES
30=
Precinct Supply Sets
$110.00
$3,300,00
1
jSampie Set
$110.00
$110.00
1
IVote by Mall Canvass Set
$45.00
$45.00
28
Add'I "Unvoted Ballots" White Boxes for precincts>1300 voters
$3.00
$84.00
28
Add'I White Box Seals
$0.25
$7.00
17
Add'I "Voted Ballots" Red Boxes for voted precinct ballots
$3,00
$51.00
17
Add'I Red Box Seals
$0.50
$8,50
21,000
"1 VOTED" stickers (700 per precinct)
$5.00
$105.00
310
Opto-Mark Pens for Opto-Mark Ballots
$1.70
$527.00
4,417
Roster pages / Active & Inactive Voters voters
1110,096
$3,685,80
4,188
Street Index pages / Active & Inactive Voters / 4 sets per precinct
$2,120.24
65
Election Officer / Inspector's Guidelines & Checklists
$3.00
$195.00
REPORTS
120 DAYS BEFORE
1
IVoter
Identification Report voters
108,357
$1,081.03
185
Out of State/Country Voter Labels
25.00+0.25
$71.25
54 DAYS BEFORE
1
Voter Identification Report - (54 day reports) voters
109,824
$993.50
29 DAYS BEFORE
1
I Polling Place Location Report- (29 day reports) voters
110,211
$996.79
VBM TRACKING SYSTEM
111,057
Vote by Mail Tracking System / Active and Inactive Voters
$4,587.00
111,057
Polling Place Location Module for VBM Tracking System
$1,003.98
LABELS
84,309
Voter Address Labels / 54 day labels
$4,565.45
1,040
Voter Address Labels / 29 day labels
$252.00
175
Voter Address Labels / 15 day labels
$208.75
15,319
Permanent Vote by Mail Voter Labels (54+29+15 day voters)
25.00+0.25
$3,854.75
62
Out of State/Country Voter Labels (54+29+15 day voters)
25.00+0.25
$40,50
SAMPLE BALLOT
/ VOTER INFORMATION PAMPHLETS
1
Map Preparation for Sample Ballots
$75.00
86,300
Sample Ballot Pamphlets / 15.5 of 18 pages /
$30,200.00
(this cosi excludes pages of candidates statements paid for by candidates, invoiced separately)
OFFICIAL BALLOTS AND SUPPLIES
1
Official Ballots - Typeset Ballot / per side / English & Spanish
$300.00
$300.00
19,300
Official Ballots / Opto-Mark / Vote by Mail
$0.21
$4,053.00
62,500
Official Ballots / Qpto-Mark / Precincts
$0.21
$13,125.00
300
Official Ballots / Opto-Mark / Test -Duplicates
$0.21
$63.00
82,100
Total Official Ballots
1
Test / Duplicate Overprint / 300 each Ballot Type
$25.00
$25.00
50,000
Gray Secrecy Envelopes - Rental
$35.00
$1,750.00
BALLOT COUNTING / ELECTION NIGHT SUPPLIES
11
1 Election Night Supply Kit
$35.00
$35.00
1001
lCounted Ballot Seals/ 3 per precinct + 10 extra
$1.00
$100.00
Santa Clarita 0408.xls
Quantity
Description
Unit Price
1
Ballot Counter Rental w/ Operator / Opto-Mark
$3,500.00
30
Additional to Program to count VBM's by precinct
$15.00
1
Additional Tally of Late VBM & Provisional Ballots
$700.00
SUBTOTAL
Subtotal / Taxable Items
Sales Tax
0.0825
MISCELLANEOUS SERVICES
1
Election Officer Class / Glenn Sailer
$600.00
Travel Expenses for Election Officer Class
1,5
Convert & Incorporate New Cover for Sample Ballot
$75.00
3
Repair/maintenance/re-wrapping of Voting Booths / hour
$25.00
TRANSLATIONS
1
Department of Justice compliance requirements -
Preparation of additional materials for Notices, Sample Ballot
pages, VBM Materials, and Precinct Supplies Into all
languages required in Los Angeles County - 1 time charge
per city
$300.00
Spanish Translatlons
1
Ballot(s)
$150.00
1
Ivoting Instructions submitted by City
$230.00
MAILING SERVICES / SAMPLE BALLOTS
1 54 Day File transfer to mailer, machine setup
$220.00
84,3091
1 Affixing Address Labels
$0.038
1
Postal documentation
$70.00
62
Addressing Out of State & Misc Sample Ballots
$0.50
1
29 Day File transfer to mailer, machine setup
$220.00
1,040
Affixing Address Labels
$0.50
1
15 Day File transfer to mailer
$50.00
1751
1 Affixing Address Labels
$0.50
MAILING SERVICES / VOTE BY MAIL BALLOTS
PVM's
15,319
Addressing PVM Envelopes and labels / 54 + 29 + 15 days
$0.50
15,101
Inserting PVM Election materials into Outgoing Envelopes / 54
day only
1
Mall preparation, Postal Documentation
$150.00
1
Track My Mall Post Office Tracking
$180.00
DAILY VBM'S
—2,8-991
jInsertIng VBM Election materials for City Clerk's use
1,3001
llnserhng VBM Election materials for City Clerk's use/ 2 additional orders
POSTAGE ACTIVITY / SAMPLE BALLOTS
_ _ _ _ _ ,
Postage Received from City / Check # 236554
84,309 Standard Rate Postage - 1st mailing -54 day file
1 $17,500.00
I ($17,504,66)1
1,040 1st Class Postage - 2nd mailing -29 day file @ .97 ea
($1,008.80)
175 1 st Class Postage - 3rd mailing -15 day file @97 ea
($169.75)
Additional Postage Due (Credit for unused postage)
1 ($1,183.21)1
Santa Clarita 0408.xls
$3,500.00
$450,00
$700.00
102,022.50
$8,416.86
$110,439.36
$600,00
$25.00
$112.50
$75.00
$300.00
$150.00
$230.00
Quantity Description
Unit Price
Total
62 Affix Meter Tape 1 st class Postage to Out of State & Misc Pam
$75.00
575.00
1,040 Affix Meter Tape 1st class Postage to Pamphlets-29 day
$0.25
$260.00
175 Affix Meter Tape 1st class Postage to Pamphlets-15 day
$0.25
$43.75
63 Affix Clear Tabs to International Mail
$35.00
$35.00
POSTAGE ACTIVITY / VOTE BY MAIL BALLOTS
I_ _ _
Postage Received from City / Check # 236555
I $3,150.00 1
14,9741 PVM ballots
471 PVM ballots - Out of Country
($3,061.06)
1 ($42,3
80 PVM ballots - Out of State
1 ($32.80)1
Additional Postage Due (Credit for unused postage)
I _ —$13.84 I
($13,84)
127 1 Affix Meter Tape 1 st class Postage 'to PVM's - 54 Day file
$0.25
$31.75
DELIVERY SERVICES
1 Deliver Sample Ballots to Post Office
$675.00
$675.00
1 Deliver PVM Ballots to Post Office
$700.00
$700.00
1 Deliver VBM Supplies to City Hall
$250.00
$250.00
1 Deliver Precinct Supplies & Voting Booths to City Hail
$1,050.00
$1,050.00
1 Pickup Precinct Supplies offer election from City Hall
$1,150.00
$1,150.00
30 Pickup from & Return to County Warehouse - Ballot Boxes, etc.
$650.00
6 Fed Ex charges
$375.00
Total Nontaxable Items
$25,374.11
TOTAL DUE THIS INVOICE
$135,813.47
TERMS NET 30 DAYS / 1.5% PER MONTH THEREAFTER