HomeMy WebLinkAboutA9-05 Grindy Special ElectionAGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on FQ r r
,2005 ,
by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, an d
Donna Grindey, Consultant, hereinafter referred to as Contractor .
WITNESSETH :
WHEREAS, the City, in order to assure that a Special Municipal Election scheduled to be held on Tuesday ,
April 26, 2005,is conducted in a timely manner and in accordance with legal requirements, wants to acquire th e
services of an election consultant to assist with various processes related to the April 26, 2005,Special Municipa l
Election .
WHEREAS, Contractor is qualified and willing to perform the required services, and has submitted a
proposal to do so that has been accepted by City .
NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter :
1.CONTRACTOR'S OBLIGATIONS .Contractor shall furnish to the City the election services a s
designated in its proposal of January 12,2005,which is attached to this Agreement as Exhibit "A" and incorporate d
by reference. In the event that more or less services are actually furnished than is shown in this Agreement, thos e
services will be billed according to the compensation schedule .
2.CITY'S OBLIGATIONS.The City shall pay to Contractor for the services to be performed fo r
the Special Municipal Election to be held on Tuesday, April 26, 2005,an amount not to exceed $21,000,unles s
otherwise agreed upon. Payment will be made in due course of payments of the City, upon the completion of th e
furnishing of the required services for the election .
3.TERM . The term of this Agreement shall commence upon its execution by the City and shal l
terminate upon the completion of the services following the official canvass of the election .
4.AMENDMENTS .Any amendment, modification or variation from the terms of this Agreemen t
shall be in writing and shall be effective only upon approval by the City Administrative Officer of the City .
5.BUSINESS TAX .Contractor must have a valid City of San Luis Obispo business tax certificat e
prior to execution of the contract . Additional information regarding the City's business tax program may be obtaine d
by calling (805)781-7134 .
Grindey Consultant Agreement
Page 2
6.LAWS TO BE OBSERVED .Contractor shall keep itself fully informed of and shall observe an d
comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulation s
and adopted codes during its performance of the work .
7.CONTRACTOR NON-DISCRIMINATION . In the performance of this work, Contracto r
agrees that it will not engage in, nor permit such sub-contractors as it may employ, to engage in discrimination i n
employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion o f
such persons .
8.
PAYMENT TERMS . The City's payment terms are 30 days from the receipt of an origina l
invoice and acceptance by the City of the services provided by Contractor (Net 30).
9.INTERESTS OF CONTRACTOR.Contractor covenants that it presently has no interest, an d
shall not acquire any interest direct or ind irect or otherwise, which would conflict in any manner or degree with th e
performance of the work hereunder . Contractor further covenants that, in the performance of this work, no sub -
contractor or person having such an interest shall be employed . Contractor certifies that no one who has or will hav e
any financial interest in performing this work is an officer or employee of the City . It is hereby expressly agree d
that, in the performance of the work hereunder, Contractor shall at all times be deemed an independent contracto r
and not an agent or employee of the City .
10.HOLD HARMLESS AND INDEMNIFICATION .Contractor agrees to defend, indemnify ,
protect and hold the City and its agents, officers and employees harmless from and against any and all claim s
asserted or liability established for damages or injuries to any person or property, including injury to Contractor's
employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by th e
acts or omissions of Contractor, and its agents, officers or employees, in performing the work or services herein, an d
all expenses of investigating and defending against same ; provided, however, that Contractor's duty to indemnify an d
hold harmless shall not include any claims or liability arising from the established sole negligence or willfu l
misconduct of the City, its agents, officers or employees .
11.CONTRACT ASSIGNMENT .Contractor shall not assign, transfer, convey or otherwise dispos e
of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entit y
of any kind without the previous written consent of the City .
12.
INSURANCE.City shall procure from its underwriter general and professional liability coverag e
through the vendors/contractors' liability program as determined necessary by its Risk Manager .
13.COMPLETE AGREEMENT .This written Agreement, including all writings specificall y
incorporated herein by reference, shall constitute the complete agreement between the parties hereto . No oral
agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of
Grindey Consultant Agreement Page 3
any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties
hereto .
14.NOTICE . All written notices to the parties hereto shall be sent by United States mail, postag e
prepaid by registered or certified mail addressed as follows :
Audrey Hooper, City Cler k
City of San Luis Obisp o
990 Palm Street
San Luis Obispo, CA 9340 1
Donna M . Grindey, CMC
5904 Northridge Driv e
Palmdale, CA 9355 1
661-722-9357 Telephon e
661-722-3298 Fa x
661-816-9182 Cel l
4grindey@earthlink .ne t
15.AUTHORITY TO EXECUTE AGREEMENT .Both City and Contractor do covenant that eac h
individual executing this agreement on behalf of each party is a person duly authorized and empowered to execut e
Agreements for such party .
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and yea r
first above written .
City
Contracto r
ATTEST:
City Administrative Office r
AN LUIS OBISPO, A Municipal Corporatio n
K
APPROVED AS TO FORM :
an P . Lowel l
City Attorne y
G:\702-01 Elections\ELECPION 2005 SPECIAL\Consultants\Donna Grindey Election Consultant Agreement
Jan •16 05 04 :50p Donna Grindey 661-722-3299 p .2
SPECIAL MUNICIPAL ELECTIO N
APRIL 26, 200 5
PROPOSA L
City of San Luis Obisp o
Donna M . Grindey, CM CJanuary 12, 2005
Jan •16 05 04 :50p Donna Grindey 661-722-3298 p .3
OVERVIE W
The City of San Luis Obispo is requesting quotations for an election consultant to assist with the preparatio n
and the conduct of' the April 26, 2005 Special Municipal Election . The ballot will consist of three ballot
measures . The County of San Luis Obispo has provided assistance in obtaining precincts/polling location s
for this Special Municipal Election .
There are approximately 31,000 registered voters in the City of San Luis Obispo with a high voter turn ou t
including approximately 9 .000 absentee voters . The City will provide polling locations for citizens to vote ,
including two absentee polling locations at City Hall .
Martin & Chapman has been obtained by the City to print supplies needed for the election, assist wit h
counting ballots election night, assist with poll worker training, and various other duties .
Mrs. Grindey will be available by phone, fax, or e-mail during the election process for any technica l
questions and will be available in the City Clerk's Office during the Absentee process two to five days a
week. Mrs . Grindey will strictly and professionally monitor the election process according to the Electio n
Code or the State or California.Her experience and knowledge with "stand-alone"General Municipa l
Elections will ensure the City of San Luis Obispo a successful Special Municipal Election .
The following series of activities have been completed by the City Clerk and/or approved by the City Counci l
of the City of San Luis Obispo :
3 Letter to Martin & Chapman requesting purchase of ballots
3 Resolution authorizing rebuttal argument s
3 Resolution authorizing Council to file arguments and/or directing City Attorney to write impartia l
analysi s
3 Notice posted for filing argument s
3 Arguments filed
3 Rebuttal arguments file d
3 Copies of all resolutions sent to Martin & Chapman and County of San Luis Obispo. if neede d
Donna M . Grindey, CM C
Telephone : 661-722-935 7
Fax: 661-722-329 8
Cell :661-816-918 2
dgrindey'h);%rthlink .uet
rage I
Jan•1G 05 0415Op Donna Grinder 661-722-3239 p .S
OTHER ELECTION ITEMS,
•Prepare for election night process (ie, memo to staff requesting volunteers )
•Establish procedures for election night hoard s
•Train boards (stuff) on election night procedure s
•Supervise the election night receipt of ballots, ballot inspection and counting of ballots (M&C wil l
count ballots election night )
Advise and assist inspections hoards with any duplication ol'hallot s
Bo available for any questions, comments, etc . election nigh t
Other election activities as neede d
PROPOSED COMPENSATION
The costs for professional services associated with the aforementioned Special Municipal Election proces s
is $21,000 .
a.Hourly fee $55 .00
b.Per diem $40 .00/day
c.Mileage $.37/mile
d.Lodging $80 .00/day
It is anticipated during the period of February/March/April, 2005, I will he available in the City Clerk's
Office as listed below :
February, 2005 TI3 D
March I - 18, 2005 approx. 2 days/week
March 21-3I, 2005 approx . 3 days/week
April 4 - 15, 2005 approx . 4 days/wee k
April 18-29, 2005 approx . 5 days/week
**Availability via the phone, fax, and e-mail during the election process will be tabulated on an hourly rat e
of $55 .00 . The City will be invoiced separately for the hourly rate which is payable bi-monthly .
L .7 ,er ;
cam .-•t.~•~1~,
Donna M . Orindcy, CM C
Retired City Clork/Consultant
Page 3
Jan-16 OS 04 :SOp Donna Grinder 661-722-3298 p .4
The following series of activities will be initiated during the election process by the consultant :
P4,1'A RATION .
•Prepare a work plan for City Clerk Staf f
•Be available by phone, fax or e-mail for technical assistance at all times during the election proces s
POLLS ANf) PRECINCT WORKER S
(The County of San Luis Obispo is assisting with the consolidation of precincts by providing precinc t
information, whereby twenty-one precincts will be established ; providing polling place maps ; and supplyin g
the City Clerk with names of precinct workers . The City Clerk's staff will obtain the polling locations an d
recruit precinct workers with I0-12 alternates .)
Available by phone, e-mail, or fax during this proces s
Assist with precinct workers training,if neede d
ABSENTEE VOTER PROCESS (AV )
•Secure City Clerk's Office prior to AV process (mid to late February )
Establish AV guidelines for AV Board (guidelines will include every aspect of the process fro m
the receipt of AV applications, signature verification process, challenges, problem applications o r
ballots, through the return of voted AV ballots and counting of AV ballots )
•Establish guidelines for storing AV ballots each night
•Rigorous training of AV Board on the above guideline s
•Strictly monitor and supervise all aspects of the AV proces s
Establish guidelines for issuing AV ballots at the City Clerk's counte r
•Inform staff of guidelines for computer input of AV applications and return of ballot s
•Establish standards for AV print-out for the public (cost, etc )
•Prepare print-out list of AV for the public to purchase,if needed
•Other AV process activities as neede d
El ACTION CANVASS
Establish canvass procedures and train staff (including separating supplies, comparing AV vote r
list with roster of voters, verifying signatures on AV and provisional ballots through the County ,
counting ballots, counting one precinct manually, etc .)
Supervise the canvass process and prepare report s
Page 2
CAO REPORT
January 27, 200 5
TO :
Ken Hampian, City Administrative Office r
FROM:
Audrey Hooper, City Clerk Q .1
SUBJECT : Special Election Consultant Services Agreement — Donna Grinde y
RECOMMENDATION
Approve an agreement with Donna Grindey, Consultant, for assistance with the Special
Municipal Election to be held on Tuesday, April 26, 2005 .
DISCUSSIO N
The City Clerk's Office requested quotations from eight election consultants to assist with th e
Special Municipal Election . Several of the consultants contacted had scheduling conflicts an d
were unable to assist with the City's election . Of the three who were available, Ms . Grindey was
selected because she has conducted numerous successful elections both for cities with which sh e
has been employed and as a private consultant, comes highly recommended by the election s
contactor, and is well-known by this City Clerk . Additionally, her rates are competitive wit h
those of the other consultants .
Ms . Grindey will be available by phone, fax, or e-mail throughout the election process and wil l
be available in the City Clerk's Office during the absentee process two to five days a week prio r
to the election . Ms . Grindey's services will supplement those provided by the contracting firm o f
Martin & Chapman . Her assistance is especially necessary for the absentee voter process with
which Martin and Chapman is not involved .
FISCAL IMPAC T
The amount of Ms . Grindey's consultant services is not to exceed $21,000 . It has become
increasingly difficult for City Clerk consultants to obtain insurance coverage since the Florid a
debacle . Costs are exorbitant, reaching as high as $10,000 per year . Many cities do not requir e
this coverage by their City Clerk consultants and most City Clerk consultants are unable to mee t
this requirement and keep the costs of their services reasonable. Because of the City's
requirements, my office has been working with our Risk Manager related to alternatives . Th e
City can purchase the required coverage from its provider on behalf of Ms . Grindey at an
approximate cost of $850 . In order to offset this cost, it is our intent to reduce the number o f
days that Ms . Grindey will need to work on site . Funds are available in the City Clerk's Electio n
budget for these expenses .
Attachment
Agreement and Proposal
G:\410-01 Budget General\CAO Reports\CAO Report — Election Consultant Grindey
CAO REPORT TRANSMITTAL
PURPOS E
Check One. See Reverse Side for Required Documentatio n
q Authorize Invitation for Bids (IFB) or Request for Proposals (REP )
Recommended Vendor
L I Award Contract Donna Grindey, Election Consultan t
Date Receive d
/-.2Z.-45
Admin Use Onl y
Are there any special award circumstances ?
If yes, a CAO Report describing them should be attached.
Yes No q
q Other Action Requiring CAO Approval
See Reverse Side for Descriptio n
REQUEST SUMMARY
Special Election Consultant Services Agreemen t
S
01/20/00 5City Clerk's Office
~s5®a~leLl
'All formal Bid or RFP packages must be assigned a specification number by Finance before submitting this form .
Routing will occur in the order listed unless otherwise noted by the initiating department .
REVIEWER COMMENT S
DISTRIBUTION AFTER CAO APPROVA L
INSTRUCTION S
See Section 735 of the Financial Management Manual for complete guidelines for preparing and processing CAO Reports .
AUTHORIZE BID OR RFP PROCESS : REQUIRED ATTACHMENT S
q CAO Report Authorizing Invitation for Bids or Request for Proposals Proces s
q Bidders (Proposers) Lis t
q Invitation for Bids (IFB) or Request for proposal (RFP) Packag e
See Section 250 of the Financial Management Manual for information regarding the City's standard IFB and RFP documents .
Check box if required documentation is attached .
AWARD CONTRACT : REQUIRED ATTACHMENT S
q Summary Matrix of Bids or Proposals Received
12 Original of the Proposed Agreemen t
q Copy of CAO or Council Agenda Report Originally Authorizing the IFB or RFP Proces s
q Budget Amendment Request For m
This may not be required for operating expenditures such as supplies,equipment or operating and maintenance services where
sufficient budgetary authorization for the purchase already exists .
CAO Report Describing Special Award Circumstance s
This memorandum is only required when them are special circumstances regarding the recommended contract award . Generally, this
would include : any recommended award that is not based on the lowest cost proposal received or is in excess of the approved bi d
estimate; waivers in bid requirements; rejection of bids; and RFP approaches to the purchasing process .
Check box if required documentation is attached .
DESCRIPTION OF OTHER ACTIONS REQUIRING CAO APPROVA L
▪Organizational changes and any related reclassifications .
Requests to fill vacant positions if "hiring freeze" is in place .
▪Budget requests such as the use of ventures and contingencies or operating program carry-over .
▪Other significant management or policy decisions .
GUIDE FOR WHEN DEPARTMENTAL REVIEW IS USUALLY REQUIRE D
Other Operating Departments Two spaces are provided for the concurrence of other
departments affected by the recommended action.
City Engineer Construction projects .
Human Resources Actions that affect staffing, labor relations or deviate fro m
standard insurance requirements .
Finance & Information Technology Requests that affect the City's financial condition, revenues ,
budget appropriations, purchasing procedures or technology
systems/resources .
City Attorney Contracts and other actions with significant legal implications .
Assistant CAO and CAO All CAO Reports