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HomeMy Public PortalAbout07) 7D 2013 General Municipal ElectionCity Council April17, 2012 Page 2 Council for the full term of four years. 4. Founded in 1956, M & C has assisted over 400 cities, counties, districts and organizations with service, supplies and guidance for general municipal elections. Although there are other companies which are authorized by the Secretary of State to print ballots, some of which provide a portion of the specialty supplies needed for a city-conducted election, none of them offer the full range of services the City requires, therefore, M & C was found to be the only full-service vendor and it is the sole provider of such services in the state of California. 5. M & C has provided City of Temple City with election services since 2001. Conducting an election requires the acquisition of specialty materials and supplies including nomination petitions; official ballots; sample ballot pamphlets; rosters of voters; vote-by-mail supplies and software; and precinct kits with notices, provisional voting materials, signs, etc., translated to meet Voting Rights Act requirements. It is also necessary to secure a State-approved ballot counting system. 6. On September 20, 2012, staff received a cost estimate from M & C for the 2013 election (Exhibit "A" of Attachment "D"). The costs were based on 6 precincts and approximately 17,000 registered voters. The same overall services were proposed as in the 2011 election, with the option to add or eliminate items at any time. 7. Per California Elections Code Sections 1 0223-1 0224, the nomination process will begin on November 13, 2012, with the last day to file nomination papers being December 7, 2012. If an incumbent fails to file nomination papers by December 7th, the nomination period is automatically extended to the deadline of December 12, 2012. ANALYSIS: The California Elections Code requires that certain resolutions be adopted in order to hold the City's General Municipal Election on March 5, 2013. Under the provision of the City of Temple City Charter, elective officers of the City are elected to four year terms by the registered qualified voters of the City, on an at large basis, at a general or special municipal election held for that purpose. General municipal elections are conducted on the first Tuesday after the first Monday in March of odd-numbered years. In preparation for the March 5, 2013 Election, it is necessary for the City Council to adopt the following three resolutions and select a vendor to provide the City with specialty election services, supplies and equipment to conduct the election. • Resolution No. 12-4856 (Attachment "A") calls the election, establishes the purpose for the election, authorizes the City Clerk to conduct the election, establishes precinct officer compensation, and sets the voting hours as 7:00a.m. City Council April17, 2012 Page3 to 8:00p.m. • Resolution No. 12-4857 (Attachment "B") is the City's official written request for election services to the County Board of Supervisors. The City needs voter registration records, precinct information, and equipment available from the County of Los Angeles Registrar Recorder's Office. State law requires the City to submit a resolution to the County requesting election services. • Resolution No. 12-4858 (Attachment "C") outlines regulations for the candidates' statements that are included in the sample ballot pamphlets and mailed to all registered voters of the City. As in the past, it is recommended statements submitted by candidates not exceed 200 words. Again in 2013, the City Clerk will print all translations of candidates' statements in the voter pamphlet in English, Chinese, and Spanish to comply with the Voting Rights Act. In addition, staff is recommending the City enter into an agreement (Attachment uD") with M & C for the 2013 General Municipal Election. The estimated cost for election services from M & C (Exhibit "A" of Attachment 11D") was based on 6 precincts and approximately 17,000 registered voters. The same overall services were proposed as in the 2011 election-City retains the right with the option to add or eliminate items at any time. M & C anticipates that the costs for certain election material may increase as much as five percent due to increases in its cost to prepare/typeset, reproduce and deliver/mail the large number of supplies it provides. The eventual cost will also be dependent on the number of candidates who run for election, as each additional candidate represents a significant increase in cost of sample ballot pamphlets. Finally, election costs are affected by increases and decreases in the number of registered voters as this will have an impact on the election materials produced. CONCLUSION: It is recommended the City Council adopt the three resolutions and approve the Professional Services Agreement with Martin & Chapman Company, elections supplier of choice, sole source provider, for the March 5, 2013 General Municipal Election and authorize the City Manager to sign the agreement. FISCAL IMPACT: On June 28, 2011, the City Council adopted the Fiscal Year (FY) 2012-13 City Budget which included $51 ,000 for election services. Sufficient funds have been appropriated in the current year's adopted budget. This is not a change in current City policy. ATTACHMENTS: A. Resolution Calling the Election B. Resolution Requesting County Services City Council April17, 2012 Page4 C. Resolution Establishing Candidate Statement Regulation D. Consultant Services Agreement with Martin & Chapman E. Certificate of Insurance for Martin & Chapman Attachment A RESOLUTION NO. 12-4856 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY. CALIFORNIA. CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HE LD ON TUESDAY, MARCH 5, 2013. FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORN IA RELATING TO GENERAL LAW CITIES . WHEREAS , under the p rovisio ns of the laws relati ng to gen eral law cities in the State of California, a General Municipal Elec tion shall be held on March 5, 2013 , for the election of Municipal Officers; and NOW, THEREFORE , THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, DOES RE SO LVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS : SECTION 1. That pursuant to the requ irements 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 Temple City, California , on Tuesday, March 5, 2013, 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 continu ousl y from that time until eight o'clock p.m . of the same day when the polls shall be closed, pursuant to Election Code§ 10242, except as provided in§ 14401 of the Elections Code of the State of California . SECTION 5. That pursuant to Elections Code§ 12310, a stipend for services for the persons named as precinct board members is fixed at the sum of $145 .00 for each Inspector and $100.00 for each Clerk. In addition, the sum of $30.00 will be given to each precinct board member to attend a mandatory training class . The rental for each polling place, where a charge is made, shall be the sum of $125.00 for the election. When requ ired, the compensation of the Custodian of a bu il ding shall be $25.00 for the election . 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. SECTION 7 . That notice of the time and p lace of hold ing the election is given and the City C lerk is authorized, instructed and directed to give further or additiona l 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 . SECTION 9. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. PASSED , APPROVED AND ADOPTED ON this 2"d day of October, 2012. Mayor ATTEST: City Clerk Resolution No. 12-4856 Page 2 I hereby certify that the foregoing resolution, Resolution No. 12-4856, was adopted by the City Council of the City of Temple City at a regular meeting held on the 2nd day of October 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk Councilmember- Councilmember- Councilmember- Councilmember- RESOLUTION NO. 12-4857 Attachment B A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, 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, MARCH 5, 2013. WHEREAS , a General Munici pal Election is to be held in the City of Temple City, California, on March 5, 2013; and WHEREAS, in the course of conduct of the election it is necessary for the City to request services of the County; and WHEREAS, all necessary expenses in performing these services shall be paid by the City of Temple City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA. DOES RESOLVE , DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the provisions of§ 10002 of the E lections Code of the State of California, this City Council requests the Board of Supervisors of the County to permit the County Election Department to prepare and furnish the following for use in conducting the election: 1. A listing of county precincts with number of registered voters in each, so city may consolidate election precincts into city voting precincts, and maps of the voting preci ncts; 2. A Jist of polling places and poll workers the county uses for their elections; 3. The computer record of the names and address of all eligible registered voters in the City in order that the City's consultant may: a. Produce labels for vote-by-mail voters; b. Produce labels for sample ballot pamphlets; c. Print Rosters of Voters and Street Indexes; 4 . Voter signature verification services as needed; 5. Make available to the City election equipment and assistance as needed according to state law. SECTION 2 . That the City shall reimburse the County 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 Reso lution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED ON this 2nd day of October, 2012 Mayor ATTEST: City Clerk Resolution xx-xx Resolution No. 12-4857 Page2 I hereby certify that the foregoing resolution, Resolution No. 12-4857, was adopted by the City Council of the City of Temple City at a regular meeting held on the 2nd day of October 2012 by the following vote: AYES: NOES: ABSENT ABSTAIN: City Clerk Councilmem ber- Councilmember- Councilmember- Cou ncilmember- Res ol ut ion JOC-xx Attachment C RESOLUTION NO. 12-4858 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY. CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION AND REPEALING RESOLUTION 10-4702 WHEREAS, § 13307 of the Elections Code of the State of California provides that the governing body of any local may agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate's statements; NOW, THEREFORE, THE CITY COUNCIL OF CITY OF TEMPLE CITY, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. GENERAL PROVISIONS That, pursuant to § 13307 of the Election 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 Temple City 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 papers are filed . The statement may be withdrawn, but not changed, duri ng the period for filing nomination papers and until 5:00 p.m. of the next wo rking day after the close of the nomination period . 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 and Chinese. B. Pursuant to state law, the candidate's statement must be translated and printed in the voters pamphlet in any language at the candidates request. C. Translations . 1. The City Clerk shall have all candidates statements translated into the languages specified in (A) above. 2. The City Clerk shall have translated those statements into the languages as requested by the candidate in (B) above . D. Printing . 1. The City Clerk shall print all translations of all candidates statements in the main voter pamphlet. The main voter pamphlet will be in English. Chinese and Spanish . SECTION 3. PAYMENT A. Translations (1) The candidate shall be required to pay for the cost of translating the candidates statement into any required foreign language as specified in "A" and/or "B" of Section 2 above pursuant to Federal and\or State law. (2). The candidate shall be required to pay for the cost of translating the candidates statement into any foreign language that is not required as specified in "A" and/or "8" 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 candidates statement in English in the main voter pamphlet. Resolution No. 12-4858 Page2 (2) The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language requ ired in (A) of Section 2 above, in the main voter pamphlet. (3) The candidate shall be required to pay for the cost of printing the candidates' statement in a foreign language requested by the candidate per "B" of Section 2 above, in the main voter pamphlet. (4) The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language required by (a) of Section 2 above, in the facsimile voter pamphlet. The City Clerk shall estimate the total cost of printing, handling, translating and mailing the candidate's statements filed pursuant to the 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 the local agency, in advance, his or her estimated pro rata share as a condition of having his or her statement included in the voter's pamphlet. 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 cand idates filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense(s} or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk may require the candidate to pay the balance of the cost incurred . In the event of underpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. SECTION 4. MISCELLANEOUS . (A} All translations shall be provided by professionally-certified translators provided by the City's election supplier. In order to ensure sample ballots are mailed to voters in a timely manner, candidates shall have a maximum of 3 (three) working days to review the proofs of their translated candidates statement or ballot proof. If there has been no communication received by the City Clerk from the candidate after 3 (three) working days, the candidates statement will be deemed to have been approved. All proposed changes made by the candidate must be reviewed and approved by the professionally- certified translator, whose determination will be final. (B) The City Clerk shall allow bold type, underlining, capitalization, indentations, bullets, leading hyphens to the same extent and manner as allowed in previous City elections. (C) 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. SECTION 6 . That the City Clerk shalf 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 City policy on payment for candidates' statements is hereby repealed . SECTION 8. That this resolution shall apply at the next ensuing municipal election and at each municipal election after that time. 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. 2 Resolution No. 12-4858 Page 3 PASSED, APPROVED AND ADOPTED by the City Council of the City of Temple City th is 200 day of October, 2012. Mayor ATTEST· City Clerk I, hereby certify that the foregoing resolution, Resolution No. 12-4858, was duly pas s ed . approved and adopted by the City Counci l of the City of Temple City at a regular meeting held on the 2nd day of October, 2012 by the following vote : AYES: NOES: ABSENT: ABSTAIN : City Clerk Councilmember- Councilmember- Councilmember- Counci!member- 3 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF TEMPLE CITY AND MARTIN & CHAPMAN COMPANY Attachment D This AGREEMENT is entered into this 2nd day of October 2012 by and between the CITY OF TEMPLE CITY, a municipal corporation ("CITY") and Martin & Chapman Company, ("CONSULTANT"). 1. CONSIDERATION . A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES (attached as Exhibit A), 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 Forty thousand dollars ($40 ,000) 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 the 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 th is 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. 4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists reimbursable costs per item provided or task performed, based on, but not limited to, the proposal of estimated services and costs (as set forth in Exhibit "A"). 5. NON-APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an 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 : 1. Carefully investigated and considered the scope of services to be performed; ii. Carefully cons idered 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 October 2, 2012 to June 30, 2013. 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 . 9. TIME FOR PERFORMANCE. A. CONSULTANT will not perform any work under this Agreement until: i. 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 the 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 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. Th is Agreement is for CONSULTANT'S professorial 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. 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 fee 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 Insurance Requirements. Consultant shall provide and maintain insurance, acceptable to the City Manager or City Counsel, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives or employees . Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance: 1. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability , including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. (3) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the Consultant and all risks to such persons under this Agreement. (4) Professional liability insurance appropriate to the Consultant's profession. This coverage may be written on a "claims made" basis , and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 3 consecutive years following the completion of Consultant's services or the termination of this Agreement. During this additional 3-year period , Consultant shall annually and upon request of the City submit written evidence of this continuous coverage . 2. Minimum Limits of Insurance. Consultant shall maintain limits of insurance no less than: (1) General Liability: $1,000,000 general aggregate for bodily injury, personal injury and property damage. (2) Automobile Liability: $500,000 per accident for bodily injury and property damage. A combined single limit policy with aggregate limits in an amount of not less than $1,000,000 shall be considered equivalent to the said required minimum limits set forth above. (3) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of not less than $1,000,000 per accident. (4) Professional Liability: $1,000,000 per occurrence. A. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions : 1. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to City. 2. General Liability and Automobile Liability Coverages. (1) City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant ; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers , officials, or employees . (2) Consultant's insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, emp loyees and volunteers . Any insurance or self insurance maintained by City , and its respective elected and appointed officers , officials, employees or volunteers, shall apply in excess of, and not contribute with , Consultant's insurance. (3) Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except w ith respect to the limits of the insurer's liability. (4) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to City, and its respective elected and appointed officers , officials, employees or volunteers . 3 . Workers' Compensation and Employer's Liability Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials , employees and agents for losses arising from work performed by Consultant. B. Other Requirements. Consultant agrees to deposit with City , at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with . The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by th is Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies , at any time. 1. Consultant shall furnish certificates and endorse ments from each subcontractor identical to those Consultant provides. 2 . Any deductibles or self-insured retentions must be decl ared to and approved by City. At the opt ion of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials , employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim adm inistration , defense expenses and claims. 3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. 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 provi de CITY with timely updates as to the status of the services provided , including schedule and progress status and a description of the work remaining 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 lfto CITY: C ity of Temple City 9701 Las Tunas Drive Temple City, CA 91780 Attention: Mary Flandrick 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). 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 here in 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 exclus ive venue for any action involving this agreement will be in Los Angeles County. 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 one (1) Attachment 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 str ictly 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 connecti on 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. 40. PROTECTION OF RESIDENT WORKERS. 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] IN WITNESS WHEREOF, the parties hereto have executed this Agreement on October 2, 2012. ATTEST: City Clerk APPROVED AS TO FORM City Attorney MARTIN & CHAPMAN COMPANY By: ------------------------ Its: CITY OF TEMPLE CITY City Manager Exhibit A Martin & Chapman Co. 1951 Wright Circle* Anaheim, California 92806 * 714/939-9866 • Fax 714/939-9870 ================~ CITY OF TEMPLE CITY OFFICE OF THE CITY CLERK 9701 LAS TUNAS DR TEMPLE CITY, CA 91780-2249 GENERAL MUNICIPAL ELECTION MARCH 08, 2011 Quantity Description PRE-ELECTION SUPPLIES 1 Calendar of Events 2 Election Handbook w/~esolutions. Forms. N ~ces . Manual 1 Elections Code of California 1 Election Night Procedures Manual NOMINATION SUPPLIES ------ 15 Nomination Papers 15 Supplementa} Nominati~n Papers . ----.. -- 15 Ballot Designation Requirements & W5'rksheets 15 Candidate's Statement Guidelines & Information Forms 15 Code of Fair Caf.l.:l_p aign Practices ----- 15 Literature/Mass Mailin[_ Requireme_nts -·- 15 Statement of Financial Worth 15 Translation Information Sheets 15 Candidate's Election Calendars 3 Certificates of Election -Imprinted . -- 3 Oaths of Office -lmprinte_d VOTE-BY-MAIL BALLOT SUPPLIES 50 Correction ldentification~Return Env~!opes -~ --. ---- 50 Provisional Ballot Envelopes --4925 Instructions for Voters -.~ulti-lingual -11 x 17 - 4925 Gray/Secrecy Envelopes 4925 Outgoing Envelopes -Multilingual 4175 PVBM ID/Retur~-~.nvelopes-Multilingual-~ellow 750 ID/Return Envelopes-Multilingual -White 14 Voted Ballot Boxes for VBM Ballots-1/2 size 14 Labels for 1/2 size Voted Ballot Boxes 14 Seals for Voted Ballot Boxes --·---- Temple City 2011 0308 Invoice - April 19, 2011 Invoice No . 2011 144 September 19, 2012 Estimate for 2013 Unit Price Total NC NC NC NC NC ~ NC NC -- --· $0.50 $7 .50 ---- $0.50 $7 .50 $0.50 $7 .50 ------. --·-~ .. .. - $0.50 $7 .50 -·--- $0.50 $7 .50 -- $0.50 $7 .50 ···--- $0.50 $7.50 -------. $0.50 $7.50 $0.50 $7.50 $5.00 $15 .00 ·- $5.00 $15 .00 $0.35 $17.50 ·----. $0.35 $17 .50 $25.00 ea +0.35 $1,748 .75 $0.07 $344 .75 $25.00+0.33 ea $1,650.25 $25.00+0.38 ea $1,611 .50 $25 00+0.35 ea 1-·-$287.50 $3 .50 ~9 .09_ $0.50 $7 .00 -- $0.50 $7 .00 Quantity Descrip t ion Unit Price Total PRECINCT SUPPLIES .. 6 Precinct Supply Sets -------$110.00 $660.00 1 Sample Set $110.00 $110.00 1 Vote by Mail Canvass Set $45 .00 $45.00 6 Add'l "Unvoted Ballots " Wh_!!e Boxes fo.!_E reci n ct~ 1300 voters $3 .00 $18 .00 6 Add'l White Box Seals $0 .25 $1 .50 -- 7 Sets of "I VOTED" sti ckers (7 00 per precinct+ sa mpl e ki t) $5 .00 $35.00 7 Sets of Opto-Mark Pens for Opto-M ark Ballots ___ $17 .25 $120.75 839 Ros!er pages I Active & Inactive Voters voters 20,823 $738.38 ·- 976 Street Inde x pages !.A~tive & Inactive Voters 14 sets p~r precinct $459.95 . ---- 8 Election Officer /Inspector's Guidelines & Checklists $3 .00 $24 .00 ·-- 35 Election Officer Ap p9intme nt Forms $0.25 $8.75 ·--· ·---·--. --- 35 Election Officer ()utgoing Window Env ~l op~_ $0 .10 $3.50 0- REPORTS ··-- 54 DAYS BEFORE ·-- 1 Voter Identification _Rep ort-(5 4 day reports ) voters 20,819 $236 .9_~ 1 Polling Place Location Rep ort -(54 day re ports) voters 20,819 $236 96 ------ 29 DAYS BEFORE ·---- 1 Voter Identification_ Report-(29 day rep~_rts ) voters 20,475 $234.04 _ .. ·----- 1 Polling Place Locat!on Report -(29 day re ports) voters 20,475 $234 .04 VBM TRACKING SYSTEM 20903 Vote by Mail Tra ckin g Sy ~te m I Active and Inactive Voters $1,431 .61 20903 Polling Place Location Module for "{_BM Tr acki ng System $237.68 - MAILING LABELS 1 NCOA (National Change of A_~_9res s) Se t-u ~ ch arge $75.00 $75 .00 17042 NCOA Processin ~ for Change of Addr~ss ____ $0.00375 $63 .91 ----------· ·-- 17042 Voter Address Labels I 54 day_!abels _____ _ $1,082.10 -- 53 Voter Address Labels I 29 d a~ l_abels $202 .65 ------ 31 Voter Address Labels 115 d_ay labels $201.55 ------ 4039 PVBM an d VBM Voter Labels (54+29 :+-15 day v o~ers) 25.00+0.25 $1 .934 .7 ~ --·-- SAMPLE BALLOT I VOTER INFORMATION PAMPHLETS ------- 18000 Sample Ballo~ Pamphlets I 8 of 14 pages I $5,800.00 ----·-. - 6 (this cost e xcludes pa_g~~ of candida/~s statements paid for by candidates. 1nvoic ed separately) - OFFICIAL BALLOTS AND SUPPLIES --- 1 Official Ballots-T_yp~~e t BalloUpe r side/E!:iglls h+2 la ng uages $650.00 $650.00 4900 Official Ballots l Vote by Mail -------..-. $0.22 $1,Q !8 .00 13200 Official Ballots I Precincts $0.22 $2,904.00 300 Official Ballots I Test-Dupli cates -··-$0.22 $66 .00 18400 Total Official Ballots 1 Test I Dup licate Overprint 1_300 each ~<!llot Type $25 .00 $25.00 10600 Gray Secrecy Envelope s -Ren tal $35.00 $371 .00 Temple City 2 0 11 0308 Invoi ce Quantity Descriptio n Unit Price Total BALLOT COUNTING I ELECTION NIGHT SUPPLIES 1 Election NJght Su pp_lt Kit $35 .00 $35 .00 22 Counted Ballot Seals I 2 per p rec!nct + e xtr~s $1 .00 $22.00 1 Ballot Counter Progr_amming only I Card 1-side 1 $1 ,750.00 $1 ,750.00 2 Ballot Counter Opera tor(s) $650.00 $1,300.00 6 Add'! Programing to count VBM 's/Provision~ls by preci nct $20 .00 $120 .00 1 Add'! Tally of Late VBM's & Provisional Ballots $600.00 $600.00 SUBTOTAL Subtotal/ Taxable Items $28,055.31 ------. ------- Sales Tax 0 .0975 $2,735 .39 ·--· $30,790.70 MISCELLANEOUS SERVICES -- 1 E lection Officer Class $600.00 $600.00 ----- 1 Mileage to Election Officer Class $27.00 -·-· 1 Canvass Assistance -Glenn $450.00 ---·--·-··- 1 Mileage & E xpenses to Canvass $76.00 ·------------- TRANSLATIONS --- Department of Justice compliance requirements • 1 Rev ision/editing of new and current materials for Notices, Sample Ballot pages, VBM Materials , and Precinct Supplies into all languages -bi-annual c harge pt;r city .. ---$200.00 $200.00 --- Spanish T ranslations ----- 1 Ballot(s} $150.00 $150 .00 Chinese Translations 1 Ballot{s} $275.00 $275 .00 ·-- MAILING SERVICES I SAMPLE BALLOTS - 1 54 Day File transfer to mailer, address m!!chine se t ~p _ $350.00 $350.00 -~ 17042 Affixing Address Labels I <?0 ,000 $750.00 1 Postal documentation $7 0.00 $70 .00 1 29 Day File transfer to m~i!e r, address machine _s etup $250.00 $250.00 53 Affixing Address Labels $0 .50 $26 .50 1 15 Day File transfer to mailer, address machine setup $100.00 $100 .00 - 31 Affixing Address Labels --$~501 $15.50 --. ----· POSTAGE ACTIVITY I SAMPLE BALLOTS Postage Received f~om City I Check # 31 029 I ($4 ,275 .00 )1 -- 1 -$3 .722.32 I --.. -- 16990 Standard Rate Po stage -1st n_:lai lin g-54 day file I $7 2.1 Sf ---- 52 1st Class Postag e - 1 ~_m ailing -O~:~t of StateiG_~ 1------~---- 53 1st Class Postag e -2nd mail in g ___________ - .J $54 .60 1 31 1st Class Po~ta g e -3rd _mail i ng~ 15 day file I $32.55 I I l$!9~~)1 .. Additional Po sta ge Due (~e dit for unused postage) ($393 .37) -----'- 52 Affix Meter Tap e 1st class P o stag ~~o Out State/Out Count~ $100.00 $100.00 --- 53 Affix Meter Tape 1st class Postage to P am phlets-29 day $0 .25 $13 .25 31 Affix Meter Tape 1st class P ostage to P_amphlets-15 day $0.25 $7.75 MAILING SERVICES I VOTE-BY-MAIL BALLOTS PVBM's 4039 Addressing PVBM Envelopes and labels I 54 + 29 + 15 days $0.25 $1 ,009 .75 DELIVERY SERVICES Temple City 2011 0308 Invoice Quantity Description Unit Price Total 1 Deliver Sample ~allots t~ost Office I 54 da~_ $500.00 $500.00 1 Deliver Precinct Suppli~s to City $400.00 $400.00 ·-·--1 Pickup Precinct Supplies after election from Citt_ __ $400.00 $400.00 ·----· ----------- 6 Pickup from & Return to Count~ Warehouse -Ballot Box~ $290.00 .. ---- 41 UPS/Fed Ex charges $468 .00 -------· . ---~--· . ---- Total Nontaxable Items $6,135 .38 ··--·- TOTAL DUE THIS INVOICE $36,926.08 Inflation factor 0 .05 $1,846.30 Estimate for 2013 $38,772.38 Temple City 2011 0308 Invoice COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-DESIGNATED PERSON OR ORGANIZATION This en dorsement modifies insurance provided und er the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) or Organization(s) CITY OF TEMPLE CITY Information required to complete this Schedule, if not shown above , will be shown in \he Declarations. Section II -Who Is An Insured Is am ended to in- clude as an additional insured the person(s) or organi- zation(s) shown in lhe Schedu le . but only with respect to liability for "bodily injury", "property da mage" or "personal and ad vertising inJury" caused , in whole or in part. b y your acts or omissions or the acts or omis- sions of those ac ling on your behalf: A. In the performan c e or your ongoing operations; or B. In connection with your premises owned by or rented to you . CG 20 26 07 04 © ISO Properti es. Inc .• 2004 Page 1 of 1 0