HomeMy WebLinkAboutGrover Beach City Clerk-Elections Official Certification Services Agreement FINAL V2 4858-2384-4589 1 (002)
AGREEMENT BETWEEN THE CITY OF GROVER BEACH AND THE CITY OF SAN
LUIS OBISPO FOR CITY CLERK/ELECTIONS OFFICIAL SERVICES REGARDING
INITIATIVE PETITION VALIDATION AND CERTIFICATION
This agreement (“Agreement”) is made and entered into on October 3, 2024 (“Effective Date”),
by and between the City of Grover Beach, a California municipal corporation (“Grover Beach”),
and the City of San Luis Obispo, a California municipal corporation and Charter City (“San Luis
Obispo”), each individually a “Party” and collectively referred to as the “Parties.”
WHEREAS, the City of Grover Beach is conducting an initiative petition process for an elected
City Clerk; and
WHEREAS, the City of Grover Beach has determined that a conflict of interest exists with
respect to the current appointed City Clerk validating signatures and certifying the results of said
initiative petition; and
WHEREAS, the City of San Luis Obispo is willing to provide the services of its Deputy City
Clerk II to perform these functions for the City of Grover Beach;
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein,
the Parties agree as follows:
1. PURPOSE OF AGREEMENT
The purpose of this Agreement is to ensure the integrity and impartiality of the initiative petition
process in Grover Beach by engaging the services of San Luis Obispo’s Deputy City Clerk II.
This arrangement aims to: (a) Address the conflict of interest identified by Grover Beach
regarding the validation of signatures and certification of results for the initiative petition for an
elected City Clerk; (b) Provide Grover Beach with qualified and impartial services for the
validation of petition signatures and certification of results in compliance with all applicable
laws and regulations; (c) Maintain public trust in the democratic process by ensuring an
independent review of the initiative petition; (d) Facilitate cooperation between municipalities in
support of good governance and fair electoral processes; and (e) Establish clear terms and
conditions for the provision of these specialized services.
2. SCOPE OF SERVICES
San Luis Obispo agrees to provide the services of its Deputy City Clerk II (“SLO Clerk”) to
perform the following functions for Grover Beach:
a. Validate signatures on the initiative petition for an elected City Clerk in Grover Beach.
This includes, but is not limited to, verifying voter registration status and ensuring
signatures meet the legal standards outlined in the California Elections Code.
b. Perform either a random sample or a full signature verification check, as required, to
ensure compliance with sections 9114 through 9115 of the California Elections Code.
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c. Upon completion of signature validation, certify the results and submit an official report
to Grover Beach within the timeframes established by law.
d. Perform any other duties normally associated with these functions as required by
California law and Grover Beach’s municipal code.
3. TERM
This Agreement shall commence on the Effective Date and terminate upon the completion of the
services described in Section 2.
4. RESPONSIBILITIES OF GROVER BEACH
As conditions precedent to San Luis Obispo’s performance under this Agreement, Grover Beach
agrees to:
a. Obtain authorization from the County Clerk-Recorder's Office for San Luis Obispo to
utilize the Clerk-Recorder's signature verification system.
b. Provide San Luis Obispo with the complete initiative petition, including all signatures
gathers, in a format suitable for validation.
c. Provide San Luis Obispo with any necessary documentation or data that may assist in the
validation process, including access to the voter registration database, if required.
5. COMPENSATION
Grover Beach shall compensate San Luis Obispo for the services provided at the Deputy City
Clerk II cost allocation rate of $51.87 per hour, plus reimbursement for all reasonable additional
costs incurred, not to exceed a total of $50,000.00, without prior written approval of Grover
Beach. San Luis Obispo shall submit an itemized invoice to Grover Beach detailing the hours
worked and services provided within thirty (30) days of completing the certification process.
Payment shall be made within thirty (30) days of receipt of the invoice.
6. COMPLIANCE WITH LAWS
Both Parties agree to comply with all applicable federal, state, and local laws, including but not
limited to the California Elections Code, the Fair Political Practices Act, and any other relevant
legal standards governing initiative petitions and applicable elections.
7. INDEPENDENT CONTRACTOR
The San Luis Obispo Deputy City Clerk II shall perform the services under this Agreement as an
independent contractor and not as an employee of Grover Beach.
8. CONFIDENTIALITY
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The San Luis Obispo Deputy City Clerk II shall maintain the confidentiality of all information
obtained in the course of performing services under this Agreement, except as required by law.
9. INDEMNIFICATION
To the fullest extent permitted by law (including, but not limited to California Civil Code
Sections 2782 and 2782.8), Grover Beach shall indemnify, defend, and hold harmless San Luis
Obispo, and its elected officials, officers, employees, volunteers, and agents (“San Luis Obispo
Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations,
judgments, or damages, including reasonable legal counsels’ fees and costs of litigation
(“claims”), arising out of or related to this Agreement, including but not limited to the conflict of
interest identified herein, signature validation, results certification, compliance with the
California Elections Code, or the outcome of the initiative petition. or out of the operations
conducted by Grover Beach, including San Luis Obispo’s passive negligence, except for such
loss or damage arising from the willful misconduct of San Luis Obispo. In the event San Luis
Obispo Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding
arising from or related to this Agreement, Grover Beach shall provide a defense to the San Luis
Obispo Indemnitees or at San Luis Obispo’s option, reimburse the San Luis Obispo Indemnitees
their costs of defense, including reasonable legal fees, incurred in defense of such claims.
10. TERMINATION
Either Party may terminate this Agreement upon providing thirty (30) days’ written notice to the
other party. In the event of such termination, Grover Beach shall pay San Luis Obispo for all
services satisfactorily performed up to the effective date of termination.
11. AMENDMENTS
Any amendments to this Agreement must be made in writing and signed by authorized
representatives of both Parties.
12. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of
California.
13. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Parties and supersedes all prior
negotiations, understandings, and agreements between the Parties, whether written or oral, with
respect to the subject matter hereof.
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Docusign Envelope ID: 782E5541-A632-4FD9-86F1-0BC5144C93ED
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written
above.
CITY OF GROVER BEACH CITY OF SAN LUIS OBISPO
Matthew Bronson, City Manager
Whitney McDonald, City Manager
ATTEST:
Wendi Sims, City Clerk
ATTEST:
Teresa Purrington, City Clerk
APPROVED AS TO FORM:
Robert Lomeli, City Attorney
APPROVED AS TO FORM:
Christine Dietrick, City Attorney
Docusign Envelope ID: 782E5541-A632-4FD9-86F1-0BC5144C93ED