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HomeMy Public PortalAbout10) 10A March 7, 2017 General Municipal ElectionCity Council October 4, 2016 Page 2 of 5 Election. Their intent is to have all cities and special districts consolidate (i.e., jurisdictions combining their elections of a specific date and holding one election) their local elections with the County. 5. On September 14, 2016, the Los Angeles County Registrar/County Clerk advised that the Board of Supervisors approved this motion. This means that the City's General Municipal Election that would normally be conducted as a stand-alone election could be consolidated with the County. 6. On September 23, 2016, the City received an email from Martin & Chapman, City's election supply vendor, expressing concerns regarding County's request for March stand-alone cities and special districts to consolidate their election with the County's Special Election. Martin & Chapman stated that they will only be able to keep their business going and provide election support up until the 2016 election season should the cities decide to consolidate with the County. 7. Per California Elections Code Sections 10223-10224, the nomination process will begin on November 14, 2016, with the last day to file nomination papers being December 9, 2016. If an incumbent fails to file nomination papers by December 9, 2016, the nomination period is automatically extended to the deadline of December 12, 2016. ANALYSIS: 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. City of Temple City has conducted stand-alone elections since 1962. However, with the Los Angeles County Board of Supervisor considering calling a special election in March, the City has the option to consolidate with the County's special election or conduct a concurrent election at the same time as the County election. The difference between consolidating and running a concurrent stand-alone election are listed below: Consolidating City's General Municipal Election with the County would mean: • The city will only be involved in candidate nomination paperwork filing, receiving of FPPC filings, and publishing of notices. Most other elements of the election would be administered by the County; • Ballot counting will take place at the County's Registrar of Voter's office, not at City Hall; • Semi-final results may not be known until the following days or a week later and final results may not be certified until April 6, 2017; • Elected officers may not legally take office until the City receives certification City Council October4, 2016 Page 3 of 5 from the county and declare the results; • Precinct lists, street indices, vote-by-mail lists, maps, would not be available from the City Clerk, but from the county; and • Cost of election may vary depending on changes in any factors and/or overall election statistics; as well as unanticipated labor rates; cost of materials; and if the County moves forward with placing a measure regarding homelessness and other issues for the March election. If the County moves forward with placing a measure on its Special Election ballot, the estimated cost to consolidate the City's election with the County would be $37,016.86 (for two Council seats). If the County does not move forward with calling a special election, they have stated that they would still conduct the cities' elections in March at a cost-neutral manner to the cities. The County would do their best to ensure that the cities pays no more than what they have budgeted for conducting a stand-alone election (i.e., approximately $77,300 -not including miscellaneous supplies). Not consolidating the City's General Municipal Election with the County would mean: • Duplicate efforts for elections officials such as securing polling locations, recruiting and training poll workers and election night staff, processing vote-by-mail ballots which includes verification of all signatures on the vote-by-mail ballots, issuing new ballots to voters with damaged ballots, processing voters' request to vote-by-mail and issue ballots, counting of ballot on election night, and processing provisional ballots and vote-by-mail ballots Friday after the election date; • Require voters to report to two different polling locations, or if they are located at the same polling place, the voters must check in at two different tables, sign two different rosters, and vote two different ballots; • Vote-by-mail voters will be required to mail separate ballots to different addresses; • City will be competing with the County for the same pool of poll workers for the City election; • Estimated cost for conducting stand-alone election is $88,000. Final cost includes training and miscellaneous supplies. The local election process is already prescribed by State and Election law including all deadlines, and procedures related to election. Consolidation would remove the City Clerk's Office from the election process up to the certification of candidate nominations. So, from the date of calling the election to last day of candidate nomination, the City Clerk's Office would be responsible (similar to Measure AA), but after which the election is under the control of the County. The California Elections Code requires that certain resolutions be adopted in order to hold the City's General Municipal Election on March 7, 2017. These resolutions have to be adopted by October 17, 2016. If the City Council decides to consolidate the March General Municipal election with the County, the City Council would need to adopt the following resolutions: City Council October 4, 2016 Page 4 of 5 • Resolution No. 16-5207 (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. to 8:00p.m.; • Resolution No. 16-5208 (Attachment "B") 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 7, 2017; • Resolution No. 16-5209 (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; and • Resolution No. 16-5213 (Attachment "D") requesting the Board of Supervisors of the County of Los Angeles to direct Registrar/Recorder County Clerk to administer, manage and oversee the City of Temple City's General Municipal Election to be held on Tuesday, March 7, 2017. If the City Council decides that the City should conduct a concurrent election, then the City Council would need 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. 16-5207 (Attachment "E") 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. to 8:00 p.m. • Resolution No. 16-5208 (Attachment "F") 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 7, 2017. • Resolution No. 16-5209 (Attachment "G") 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 2017, the City Clerk will print all translations of candidates' statements in the voter pamphlet in English, Chinese, Spanish and Vietnamese to comply with California State law. If City Council should choose to run a concurrent election with the County, staff also recommends the City enter into a Professional Services Agreement (Attachment "H") with M & C for the 2017 General Municipal Election. Founded in 1956, M & C assists over 400 cities, counties, districts and organizations with service, supplies and guidance for elections. Conduct of 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. The City of Temple City has utilized services and equipment from M & C since 2001. Although there are other companies which are authorized by the Secretary of State to print ballots, some of City Council October 4, 2016 Page 5 of 5 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, The cost estimate for election services will be $5,650 more than what was originally budgeted as the City will have to print its sample ballot booklet with one additional language (i.e., Vietnamese) than the 2015 election to comply with the Voters Right Act and increase in number of sample ballot booklets that will be printed for this election. CITY STRATEGIC GOALS: Adoption of resolutions calling for the City's General Municipal Election on March 7, 2017 and related election support services furthers the City's Strategic Goals of Good Governance and Citizen Education and Communication. FISCAL IMPACT: If the City Council decides to consolidate the City's General Municipal Election in March with Los Angeles County's Special Election, there will not be an impact on the Fiscal Year 2016-17 City Budget. If the City Council decides to conduct the City's General Municipal Election concurrently with the Los Angeles County's Special Election in March, then a budget amendment in the amount of $5,650 is required to cover the cost for election support services. The additional cost is due to the requirement of translating and printing all election material with one additional language to comply with the Voter's Right Act and postage for mailing sample ballot booklets to all registered voters including Permanent Vote by Mail voters. ATTACHMENTS: A. Resolution Calling the Election (Consolidated) B. Resolution Requesting County Services (Consolidated) C. Resolution Establishing Candidate Statement Regulation (Consolidated) D. Resolution Directing Registrar/ Recorder County Clerk to administer and oversee the City's March 7, 2017 General Municipal Election (Consolidated) E. Resolution Calling the Election (Stand-alone) F. Resolution Requesting County Services (Stand-alone) G. Resolution Establishing Candidate Statement Regulation (Stand-alone) H. Professional Services Agreement with Martin & Chapman RESOLUTION NO. 16-5207 ATTACHMENT A (Consolidated) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 7, 2017, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CHARTER. WHEREAS, under the provisions of the Charter, a General Municipal Election shall be held on March 7, 2017, for the election of Municipal Officers. 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 requirements of the Charter, there is called and ordered to be held in the City of Temple City, California, on Tuesday, March 7, 2017, a General Municipal Election for the purpose of electing two (2) members of the City Council for the full term of four years. SECTION 3. That the ballots to be used at the election shall be in form and content as required by law. SECTION 4. That the City Clerk is authorized, instructed and directed to coordinate with the County of Los Angeles Registrar-Recorder/County Clerk 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 5. That the polls for the election shall be open at seven (7) o'clock a.m. of the day of the election and shall remain open continuously from that time until eight (8) 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 6. Any compensation afforded to precinct board members and other poll workers pursuant to Election Code§ 12310 shall be in keeping with the rates set forth by the Registrar of Voters for the County of Los Angeles. SECTION 7. 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 8. 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 9. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. SECTION 10. 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 OCTOBER 4, 2016. Vincent Yu, Mayor ATTEST: Peggy Kuo, City Clerk I, City Clerk of the City of Temple City, hereby certify that the foregoing resolution, Resolution No. 16-XXXX was duly adopted by the City Council of the City of Temple City at a regular meeting held on the 4th day of October, 2016, by the following vote: AYES: NOES: ABSENT: Councilmember- Councilmember- Councilmember- ABSTAIN: Councilmember- Peggy Kuo, City Clerk RESOLUTION NO. 16-5208 ATTACHMENT B (Consolidated) 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 7, 2017 WHEREAS, a General Municipal Election is to be held in the City of Temple City, California, on March 7, 2017; 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 Elections 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 precincts; 2. A list of polling places and poll workers the county uses for their elections; 3. The voter 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 Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED ON OCTOBER 4, 2016. Vincent Yu, Mayor ATTEST: Peggy Kuo, City Clerk RESOLUTION NO. 16-5209 ATTACHMENT C (Consolidated) 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 TO BE HELD ON TUESDAY, MARCH 7, 2017 WHEREAS, §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 candidates statement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. GENERAL PROVISIONS. That pursuant to §13307 of the Elections Code of the Slate of California, each candidate for elective office to be voted for at an Election to be held in the City of Temple City on March 7, 2017 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 to the office of the City Clerk at the time the candidate's nomination papers are 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. SECTION 2. FOREIGN LANGUAGE POLICY. A. Pursuant to the Federal Voting Rights Act, candidates' statements will be translated into all languages required by the County of Los Angeles. The County is required to translate candidate's statements into the following languages: Chinese, Hindi, Japanese, Khmer, Korean, Spanish, Thai, and Vietnamese. B. The County will mail separate sample ballots and candidates statements in Chinese, Hindi, Japanese, Khmer, Korean, Spanish, Thai, and Vietnamese to only those voters who are on the county voter file as having requested a sample ballot in a particular language. The County will make the sample ballots and candidates statements in the required languages available at all polling places, on the County's website, and in the Election Official's office. 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 andlor 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 (B) of Section 2 above, pursuant to Federal and\or State law, but is requested as an option by the candidate. B. Printing (choose one or more as appropriate): 1. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language required in (A) of Section 2 above, in the main voter pamphlet. 2. 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 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 underpayment, the clerk may require the candidate to pay the balance of the cost incurred. 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. A) All translations shall be provided by professionally-certified translators. 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 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 candidates statements are repealed. SECTION 8. That this resolution shall apply only to the election to be held on Tuesday, March 7, 2017 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 ON OCTOBER 4, 2016. MAYOR ATIEST: City Clerk I, City Clerk of the City of Temple City, hereby certify that the foregoing resolution, Resolution No. 16-5209 was duly adopted by the City Council of the City of Temple City at a regular meeting held on the 4th day of October, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk Councilmember- Councilmember- Councilmember- Councilmember- SECTION 8. Pursuant to Elections Code section 10002, the City shall reimburse the County Registrar. of the County of Los Angeles for costs incurred in providing all of the services, tasks, equipment, materials and personnel required by the County Registrar to administer and conduct the City of Temple City's General Municipal Election of March 7, 2017 upon receipt of a bill stating the amount due as determined by the County Registrar or upon such payment terms and conditions as may otherwise by set forth by the County Registrar or the Board of Supervisors. SECTION 9. This Resolution shall conclusively provide evidence that notice of the time and place of holding the City of Temple City's General Municipal Election for Tuesday, March 7, 2017, has been given by the City Council and the County Registrar is authorized, instructed and directed to give further additional notice of the election for Tuesday, March 7, 2017 (including the publication of such notices printed in English and Spanish languages), at the time and in the form and manner required by law. SECTION 10. This Resolution shall rescind, supersede and take the place of all provisions of all previous and existing Resolutions, orders and policies of the City pertaining to the subject matter to the extent that they conflict with this Resolution to the extent they direct the City to consolidate the March 7, 2017 Election with the County of Los Angeles. SECTION 11. The City Council directs the City Clerk to file a certified copy of this Resolution with the County Registrar and the Board of Supervisors. SECTION 12. 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 ON OCTOBER 4, 2016. Vincent Yu, Mayor ATTEST: Peggy Kuo, City Clerk I, City Clerk of the City of Temple City, hereby certify that the foregoing resolution, Resolution No. 16-5207 was duly adopted by the City Council of the City of Temple City at a regular meeting held on the 4th day of October, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Councilmember- Councilmember- Councilmember- Councilmember- Peggy Kuo, City Clerk RESOLUTION NO. 16-5207 ATTACHMENT E (Stand-alone) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 7, 2017, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CHARTER WHEREAS, under the provisions of the Charter, a General Municipal Election shall be held on March 7, 2017, for the eleclion of Municipal Officers; and 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 requirements of the Charter, there is called and ordered to be held in the City of Temple City, California, on Tuesday, March 7, 2017, a General Municipal Election for the purpose of electing two (2) 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 coordinate with the County of Los Angeles Registrar-Recorder/County Clerk 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 (7) a.m. of the day of the election and shall remain open continuously from that time until eight o'clock (8) 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 $160 for each Inspector and $110 for each Clerk for the election. In addition, the sum of $30 will be given to each precinct board member to attend a training class. 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 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 in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the Election Official, the City Council, in accordance with Election Code § 15651(b) and City's Ordinance No. 07-4489, shall conduct a special runoff election to resolve the tie vote and such special runoff election is to be held on a Tuesday not less than 40 days nor more than 125 days after the administrative or judicial certification of the election which resulted in a tie vote; 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; SECTION 10. 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 OCTOBER 4, 2016. Vincent Yu, Mayor ATTEST: Peggy Kuo, City Clerk I, City Clerk of the City of Temple City, hereby certify that the foregoing resolution, Resolution No. 16-5207 was duly adopted by the City Council of the City of Temple City at a regular meeting held on the 4th day of October, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Councilmember- Councilmember- Councilmember- Councilmember- Peggy Kuo, City Clerk RESOLUTION NO. 16-5208 ATTACHMENT F (Stand-alone) 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 7, 2017 WHEREAS, a General Municipal Election is to be held in the City of Temple City, California, on March 7, 2017; 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 Elections 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 precincts; 2. A list of polling places and poll workers the county uses for their elections; 3. The voter 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 Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED ON OCTOBER 4, 2016. Vincent Yu, Mayor ATTEST: Peggy Kuo, City Clerk RESOLUTION NO. 16-5209 ATTACHMENT G (Stand-alone) 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 TO BE HELD ON TUESDAY, MARCH 7, 2017 WHEREAS, §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 candidates statement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. GENERAL PROVISIONS. That pursuant to §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 Temple City on March 7, 2017 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 to the office of the City Clerk at the time the candidate's nomination papers are 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. SECTION 2. FOREIGN LANGUAGE POLICY. A. Pursuant to the Federal Voting Rights Act, the city is required to translate candidate statements into the following languages: Spanish, Chinese, and Vietnamese. 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. The City Clerk shall 1. Translations (a) have all candidates statements translated into the languages specified in (A) above. 2. Printing: (a) print all translations of all candidates statements in the main voter pamphlet. The main voter pamphlet will be in English, Chinese, Spanish, and Vietnamese. 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 andlor 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 (B) of Section 2 above, pursuant to Federal andlor State law, but is requested as an option by the candidate. B. Printing (choose one or more as appropriate): 1. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language required in (A) of Section 2 above, in the main voter pamphlet. 2. 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 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 underpayment, the clerk may require the candidate to pay the balance of the cost incurred. 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. A) All translations shall be provided by professionally-certified translators. 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 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 candidates statements are repealed. SECTION 8. That this resolution shall apply only to the election to be held on Tuesday, March 7, 2017 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 ON OCTOBER 4, 2016. MAYOR ATTEST: City Clerk I, City Clerk of the City of Temple City, hereby certify that the foregoing resolution, Resolution No. 16-5209 was duly adopted by the City Council of the City of Temple City at a regular meeting held on the 4th day of October, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk Councilmember- Councilmember- Councilmember- Councilmember- AGREEMENT FOR SERVICES By and Between THE CITY OF TEMPLE CITY, a municipal corporation and MARTIN & CHAPMAN COMPANY DATED: OCTOBER 4, 2016 -1- ATTACHMENT H AGREEMENT FOR SERVICES BETWEEN THE CITY OF TEMPLE CITY, CALIFORNIA AND MARTIN & CHAPMAN COMPANY This Agreement for Services ("Agreement") is entered into as of this 4th day of October, 2016 by and between the City of Temple City, a municipal corporation ("City") and Martin & Chapman Company ("Service Provider"). City and Service Provider are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." RECITALS A. City has sought the services defined and described particularly in Exhibit A, Scope of Services, of this Agreement. Consultant is uniquely qualified to provide these services. B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Exhibit A of this Agreement, was selected by the City to perform those services. C. Pursuant to the City of Temple City's Municipal Code, City has authority to enter into this Services Agreement and the City Manager has authority to execute this Agreement. D. The Patties desire to formalize the selection of Service Provider for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as patticularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows: SECTION 1. TERM OF AGREEMENT. Subject to the provisions of Section 20 "Tetmination of Agreement" of this Agreement, the scope of services set forth in Exhibit "A" "Scope of Services" shall be completed pursuant to the schedule specified in Exhibit "A." SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Service Provider agrees to perform the services set forth in Exhibit "A" "Scope of Services" (hereinafter, the "Services") and made a part of this Agreement by this reference. (b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit "A." Should the Services not be completed pursuant to that schedule, the Service Provider shall be deemed to be in Default of this Agreement. The City, in - 1 - its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services. SECTION2. ADDITIONAL SERVICES. Service Provider shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 "Administration and Implementation" or Section 28 "Amendment" of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services. SECTION3. COMPENSATION AND METHOD OF PAYMENT. (a) Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider the amounts specified in Exhibit "B" "Compensation" and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Sixty Seven Thousand and Four Hundred Dollars ($67,400.00), unless additional compensation is approved in writing in accordance with Section 26 "Administration and Implementation" or Section 28 "Amendment" of this Agreement.. (b) Invoices shall detail charges by the following categories: labor (by sub-categmy), travel, materials, equipment, supplies, and sub-Service Provider contracts. Sub-Service Provider charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set fmth in subsection (a) and Exhibit "B" include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Service Provider to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Service Provider for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Service Provider which are disputed by City, City will use its best efforts to cause Service Provider to be paid within forty-five (45) days of receipt of Service Provider's correct and undisputed invoice. (d) In the event additional items are requested by the CITY, or recommended by the consultant, these items will be billed accordingly and paid for by the CITY. There may or may not be time to discuss these additional costs. The CITY will be liable for all additional costs required by such requests. (e) Payment to Service Provider for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Service Provider. -2- SECTION 4. INSJ>ECTION AND FINAL ACCEPTANCE. City may inspect and accept or reject any of Service Provider's work under this Agreement, either during performance or when completed. City shall reject or finally accept Service Provider's work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Service Provider's work shall be deemed to have been accepted. City's acceptance shall be conclusive as to such work except with respect to latent defects, fi·aud and such gross mistakes as amount to fi·aud. Acceptance of any of Service Provider's work by City shall not constitute a waiver of any of the provisions ofthis Agreement including, but not limited to, Section 16 "Indemnification" and Section 17 "Insurance." SECTIONS. OWNERSHII> OF DOCUMENTS. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole propmiy of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, repmis, data, notes, computer files, files and other documents. If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement, Service Provider's guarantees and warranties in Section 9 "Standard of Performance" of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents. SECTION6. SERVICE PROVIDER'S BOOKS AND RECORDS. (a) Service Provider shall maintain any and all documents and records demonstrating or relating to Service Provider's performance of the Services. Service Provider shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Service Provider pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and - 3 - records shall be made available at Service Provider's address indicated for receipt of notices in this Agreement. (c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Service Provider's business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives. SECTION?. INDEPENDENT CONTRACTOR. (a) Service Provider is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Service Provider shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly confened in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Service Provider shall at all times be under Service Provider's exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Service Provider or any of Service Provider's officers, employees, or agents except as set forth in this Agreement. Service Provider shall not at any time or in any manner represent that Service Provider or any of Service Provider's officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Service Provider , nor any of Service Provider's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Service Provider expressly waives any claim Service Provider may have to any such rights. SECTION 8. STANDARD OF PERFORMANCE. Service Provider represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Service Provider shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Service Provider shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Service Provider under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit "A" "Scope of Work" that shall also be applicable to Service Provider's work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general. -4- SECTION9. COMPLIANCE WITH AI>PLICABLE LAWS; PERMITS AND LICENSES. Service Provider shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Service Provider shall obtain any and all licenses, permits and authorizations necessary to perform the Services set fmth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Service Provider to comply with this section. SECTION 10. PREVAILING WAGE LAWS It is the understanding of City and Service Provider that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, "constmction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work. SECTION 11. NONDISCRIMINATION. Service Provider shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement. SECTION 12. UNAUTHORIZED ALIENS. Service Provider hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Service Provider so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Service Provider hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incmTed by City. SECTION 13. CONFLICTS OF INTEREST. (a) Service Provider covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Service Provider's performance of the Services. Service Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Service Provider agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. - 5 - (b) City understands and acknowledges that Service Provider is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Service Provider is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Service Provider will, perform non- related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section. SECTION 14. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Service Provider in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Service Provider. Service Provider shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Service Provider, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Service Provider gives City notice of such court order or subpoena. (c) If Service Provider, or any officer, employee, agent or subcontractor of Service Provider, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Service Provider for any damages, costs and fees, including attorneys fees, caused by or incurred as a result of Service Provider's conduct. (d) Service Provider shall promptly notify City should Service Provider , its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Service Provider or be present at any deposition, hearing or similar proceeding. Service Provider agrees to cooperate fully with City and to provide City with the oppmiunity to review any response to discovery requests provided by Service Provider. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. SECTION 15. INDEMNIFICATION. (a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Service Provider's services, to the fullest extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all liability -6- (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or sub-contractors of Service Provider, in the performance of professional services under this Agreement. (b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or tln·eatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in pati, the performance of this Agreement by Service Provider or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or sub-contractors of Service Provider. (c) Indemnification from Sub-Service Providers. Service Provider agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section fi·om each and every sub-Service Provider or any other person or entity involved by, for, with or on behalf of Service Provider in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Service Provider fails to obtain such indemnity obligations fi·om others as required herein, Service Provider agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set fmih herein is binding on the successors, assigns or heirs of Service Provider and shall survive the termination of this Agreement or this section. (d) Limitation of Indemnification. Notwithstanding any provision of this section to the contrary, design professionals are required to defend and indemnify the City only to the extent permitted by Civil Code Section 2782.8, which limits the liability of a design professional to claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional. The term "design professional," as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land smveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. (e) City's Negligence. The provisions of this section do not apply to claims occurring as a result of City's sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents. -7 - SECTION 16. INSURANCE. Service Provider agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit "C" "Insurance" and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Service Provider agrees to provide City with copies of required policies upon request. SECTION 17. ASSIGNMENT. The expertise and experience of Service Provider are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Service Provider under this Agreement. In recognition of that interest, Service Provider shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Service Provider's duties or obligations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 "Termination of Agreement." City acknowledges, however, that Service Provider, in the performance of its duties pursuant to this Agreement, may utilize subcontractors. SECTION 18. CONTINUITY OF PERSONNEL. Service Provider shall make every reasonable effmt to maintain the stability and continuity of Service Provider's staff and subcontractors, if any, assigned to perform the Services. Service Provider shall notify City of any changes in Service Provider's staff and sub- contractors, if any, assigned to perform the Services prior to and during any such performance. SECTION 19. TERMINATION OF AGREEMENT. (a) City may terminate this Agreement, with or without cause, at any time by giving thitty (30) days written notice of termination to Service Provider. In the event such notice is given, Service Provider shall cease immediately all work in progress. (b) Service Provider may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Service Provider or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Service Provider, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Service Provider or City, all prope1ty belonging exclusively to City which is in Service Provider's possession shall be retmned to City. Service Provider shall furnish to City a final invoice for work performed and expenses incurred by Service Provider, prepared as set forth in Section 4 "Compensation and Method of Payment" of this Agreement. This final invoice shall be reviewed and paid in the same manner as set fmth in Section 4 "Compensation and Method of Payment" of this Agreement. - 8 - SECTION20. DEFAULT. In the event that Service Provider is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Service Provider for any work performed after the date of default. Instead, the City may give notice to Service Provider of the default and the reasons for the default. The notice shall include the timeframe in which Service Provider may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Service Provider is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Service Provider does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 "Termination of Agreement." Any failure on the part of the City to give notice of the Service Provider's default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement. SECTION 21. EXCUSABLE DELAYS. Service Provider shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Service Provider. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes. SECTION22. COOPERATION BY CITY. All public information, data, repotts, records, and maps as are existing and available to City as public records, and which are necessary for canying out the Services shall be furnished to Service Provider in eve1y reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement. SECTION23. NOTICES. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows: To City: City of Temple City Attn: City Manager 9701 Las Tunas Dr. Temple City, CA 91780 To Service Provider: Martin & Chapman Company Attn: Scott Martin, President 1951 Wright Circle Anaheim, CA 92806-6028 -9- Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service. SECTION 24. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Service Provider represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Service Provider to the performance of its obligations hereunder. SECTION25. ADMINISTRATION AND IMPLEMENTATION. This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 "Amendment" and the City Manager's contracting authority under the Temple City Municipal Code. SECTION26. BINDING EFFECT. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties. SECTION27. AMENDMENT. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Service Provider and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager's contracting authority under the Temple City Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. SECTION28. WAIVER. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Service Provider shall not constitute a waiver of any of the provisions of this Agreement. SECTION29. LAW TO GOVERN; VENUE. -10 - This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Patties, venue in state trial courts shall lie exclusively in the County of Los Angeles, California. In the event of litigation in a U.S. District Comt, venue shall lie exclusively in the Central District of California, in Los Angeles. SECTION30. ATTORNEYS FEES, COSTS AND EXPENSES. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled. SECTION31. ENTIRE AGREEMENT. This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Patties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Service Provider and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Patty which are not embodied herein shall be valid and binding. SECTION32. SEVERABILITY. If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s). SECTION33. CONFLICTING TERMS. Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control. IN WITNESS WHEREOF, the Patties hereto have executed this Agreement on the date and year first -above written. CITY OF TEMPLE CITY Bryan Cook, City Manager -!I - ATTEST: APPROVED AS TO FORM: Peggy Kuo Eric S. Vail City Clerk City Attorney By: By: ___________ _ Its: Its: ------------- NOTE: SERVICE PROVIDER'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE PROVIDER'S BUSINESS ENTITY. -12- CALIFORNIA ALL-l'URPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF On before me, , personally appeared , proved to me on the basis of satisfactmy evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certifY under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and con·ect. WITNESS my hand and official seal. Signature: ____ ~~---------- OPTIONAL Though the data below is not required by Jaw, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this fonn CAPACITY CLAIMED BY SIGNER D INDIVIDUAL 0 CORPORATE OFFICER TITLE(S) PARTNER(S) D LIMITED D GENERAL D D D D D ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER __________ _ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) RIV #4838-6958-3880 v2 DRAFT 9/3/13 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF On ----before me, _______ , personally appeared ______ _ 0 personally known to me -OR-0 proved to me on the basis of satisfactory evidence to be the person(s) whose namcs(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this fmm CAPACITY CLAIMED BY SIGNER 0 INDIVIDUAL 0 CORPORATE OFFICER TITLE(S) PARTNER(S) D D LIMITED GENERAL D D D D D ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER ___________ ___ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) RIV #4838-6958-3880 v2 DRAFT 9/3/13 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ~ .. Quantity Description Total I Subtotals I -----------. -.---------------------------'" ---·- POSTAGE RECONCILIATION I SAMPLE BALLOTS $2,937.88 !------·------------·-·---------------·--·-- POSTAGE RECONCILIATION I PERMANENT VOTE BY MAIL BALLOTS $1,768.00 ------------------··-· --·-·--·--- TOTAL OF~POSTAGE DUE (OR CREDIT TO CITY) ~4,705.88 ~~ ESTIMATE FOR 2017 ELECTION $67,370.17 ---------------- Temple City 2017 0307 Estimate I Quantity I . I Description Total Definitions of terms used above: Processing of County Voter Files Received: M&C receives a voter file in either flat or delimited format from the county, and we must format and manipulate that data to put into our programs that then generate reports and labels. 2 Generate PVBM Voter Labels: M&C takes the formatted voter file, extracts the PVBM voters, merges It with a postal software for automated sorting, upload it to Track My Mail software, and adds the Intelligent Mail Barcode to each voter. 3 Generate Voter Address Labels: M&C takes the formatted voter file, merges it with a postal software for automated sorting for the best postage amount. and merges with your assigned precinct and polling places for each voter. 4 Affixing Address Labels: M&C sends the generated voter address labels from above to a mailing house, which then affixes (via Inkjet) the voters name, address and polling place information onto the sample ballots for each voter. 5 Addressing PVBM Envelopes: M&C sends the generated pvbm voter address labels from above to our envelope addresser, which then affixes (via Inkjet) the voters name, address and voter ID information onto the envelope for each pvbm voter. Temple City 2017 0307 Estimate Subtotals EXHIBIT "C" INSURANCE A. Insurance Requirements. Service Provider shall provide and maintain insurance, acceptable to the City, in full force and effect tln·oughout 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 Services by Service Provider, 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. Service Provider shall provide the following scope and limits of insurance: I. Minimum Scope oflnsurance. Coverage shall be at least as broad as: (I) Commercial General Liability. Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). (2) Automobile. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code I "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. (3) Workers' Compensation. Workers' Compensation insurance as required by the Labor Code of State of California covering all persons providing Services on behalf of the Service Provider and all risks to such persons under this Agreement. ( 4) Professional Liability. Professional liability insmance appropriate to the Service Provider'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 tln·ee (3) consecutive years following the completion of Service Provider's services or the termination of this Agreement. During this additional three (3) year period, Service Provider shall annually and upon request of the City submit written evidence of this continuous coverage. 2. Minimum Limits of Insurance. Service Provider shall maintain limits of insurance no less than: (I) Commercial General Liability. $1,000,000 general aggregate for bodily injury, personal injury and property damage. (2) Automobile. $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 $2,000,000 shall be considered equivalent to the said required minimum limits set forth above. C-1 (3) Workers' Compensation. Workers' Compensation as required by the Labor Code of the State of California of not less than $1,000,000 per occutTence. (4) Professional Liability. $1,000,000 per occurrence. B. 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. Commercial General Liability and Automobile Liability Coverages. (I) 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 Service Provider performs; products and completed operations of Service Provider; premises owned, occupied or used by Service Provider; or automobiles owned, leased, hired or borrowed by Service Provider. 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) Service Provider's insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees 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, Service Provider's insurance. (3) Service Provider's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. ( 4) Any failure to comply with the repmting or other provisions of the insurance 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 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 Service Provider. C. Other Requirements. Service Provider agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfY City that the C-2 insurance provisions of this contract have been complied with. The City may require that Service Provider furnish City with copies of original endorsements effecting coverage required by this Exhibit "C". 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. Service Provider shall furnish cetiificates and endorsements from each subcontractor identical to those Service Provider provides. 2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option 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 Service Provider shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. 3. The procuring of such required policy or policies of insurance shall not be construed to limit Service Provider's liability hereunder nor to fulfill the indenrnification provisions and requirements of this Agreement. C-3