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HomeMy WebLinkAbout05/17/2011, B 1 - AUGUST 30, 2011, SPECIAL ALL MAILED BALLOT MUNICIPAL ELECTION � 1 council � . j aGcnba uEpoin "M*�W2 i CITY OF SAN LUTS O B I S P O FROM: Elaim Cano,City Clerk SUBJECT: AUGUST 30,2011,SPECIAL ALL M_ABLED BALLOT MUNICIPAL ELECTION RECOMMENDATION 1. Adopt a Resolution calling for, and giving notice of a Special All Mailed Ballot Municipal Election on Tuesday, August 30, 2011, and requesting that the San Luis Obispo County Board of Supervisors permit the County.Elections Official to conduct the August 30, 2011, Special All Mailed Ballot Municipal Election. 2. Appropriate funds from the unreserved General Fund Reserve up to $110,000, for assistance in the conduct of a special election. DISCUSSION Background On February 22, 2011, Council expressed a desire to authorize a special municipal election on August 30, 2011, which is an established date for mailed ballot elections under California Elections Code, Section 1500. Ordinance 1559 (2011 Series) adopted on April 5, 2011 and, included as Attachment 1 to this report, enables the Council, by resolution, to call a mailed ballot election for the purpose of considering Charter amendment or repeal measures on dates established under the Elections Code or any other date specified by Council resolution. If Council does not wish to adopt the resolutions at this time, the last date on which an August 30, 2011 election may be called is June 3, 2011. Notice of a later meeting for the purpose of calling an August 30 election would need to be published 10 days in advance of the meeting, no later than May 24,2011. Resolution Pursuant to Elections Code §12001, the City Council shall adopt a resolution calling the election. Attachments 2 and 3 hereto are resolutions setting calling an election to be held on August 30, 2011. Attachment 2 requests the Board of Supervisors to authorize the County Elections Official to render specific services, while Attachment 3 contemplates the election being conducted by an elections consultant, Martin & Chapman Company. Staff is recommending that the County Elections Official conduct this election. However, Council's options with respect to the conduct of the election are discussed below. With either option, the election requirements, including additional advertising by the City as called for in the City's Election Campaign Regulations, will be performed by the City Clerk. All filings; including Arguments For and Against the Measures, Rebuttal Arguments For and Against the Measures, Campaign Disclosure Statements for Primarily Formed Committees, will be processed through the City Clerk's Office. B1-1 1 Special All Mailed Ballot Election—August 30,2011 Page 2 Elections Contractor The City of San Luis Obispo has made it a practice to contract with the County Elections Official for assistance in the conduct of its municipal elections, as they are fully equipped to conduct elections. The City Clerk's office is not staffed to conduct an election without the assistance of the County Elections Official or some other similar resource. The County Elections Official has advised staff that it will be able to assist in the conduct of a special election for the City of San Luis Obispo in August 2011. Tasks the County Elections Official's office will provide while conducting an all mailed ballot_election include, in part: 1) Locating vendors qualified and prepared to print approximately 30,000 sample ballot pamphlets,various types of envelopes,mailing labels and the ballots themselves(requiring a vendor certified by the Secretary of State's office). 2) Processing of return vote by mail ballots including: verification of signature and application of voting history and processing, counting and securing storage of voted ballots. 3) Preparing and publishing all required legal notices regarding central counting location and voting center locations pursuant to Elections Code 12105 and 12109. 4) Processing and counting all vote-by-mail ballots returned on election day or that were not previously counted. 5) Completing all canvass activities required by the Elections Code. If Council does not wish to request the County Elections Official to conduct the election, additional support for the City Clerk to conduct the election will still be necessary. To ensure the proper functioning of a special election conducted without the assistance of the County Elections Official, it will be imperative for the City to contract with an elections firm that has both a high level of expertise and a high level of integrity, such as Martin & Chapman Company. Additional information regarding election services provided by Martin&Chapman Company is mentioned below as an alterative. Election Costs The costs of a special election were not included as part of the City's Clerk's proposed 2011-13 budget. Thus, to accommodate an election, Council will need to appropriate funds from the General Fund Reserve fund balance to cover the costs of a special election. Estimated costs for using the services of an elections contractor are as follows: Election Conducted by the County of San Luis Obispo-Attachment 2,Exhibit A: $90,000 Election Conducted by Martin and Chapman Company—Attachment 3,Exhibit A: $57,600 If the Council chooses to not contract with the County Elections Official office for the conduct of the election, additional costs will be incurred by the City Clerk's office. These costs include publications of legal notices, voter outreach, an additional telephone line dedicated to the election, processing and storage of voted ballots, overtime for the City Clerk's staff, additional temporary staff/consultant, and other miscellaneous expenses and contingencies associated with the conduct of an election. It is likely that, regardless of whether the City was to conduct the election with the assistance of the County Elections Official or Martin & Chapman Company, there will be additional costs incurred in the Clerk's office. Staff estimates that those additional costs will be in the range of approximately$20,000 (on the low end,with an election conducted by the County)to approximately$50,000 (on the high end, T:\City ClerIcTlections 2011\May 17 Meeting Docs\Calling Election\CARCalling Special Election2011.5.17.doc B1-2 V 1 Special.Ail Mailed Ballot Election—August 30,2011 Page 3 with an election conducted by the City Clerk with the consultant services support of Martin & Chapman.) FISCAL IWACT Funding for a special election is not available within existing resources. Therefore, Council will need to appropriate funds from the unreserved General Fund Balance up to $110,000, depending on the election consultant selected and the additional election related resources needed.in the City Clerk's office. Costs to conduct a special all mailed ballot election are as follows: Election conducted by the County Election's Official: $90,000 Additional resources needed in the City Clerk's office $20,000 Election conducted by Martin& Chapman Company $57,600 Postage for outgoing ballots $6,300 Postage for returned ballots,if requested $6,400 Rental fee for signature verification machine $3,125 Additional resources needed in the City Clerk's office $36,000 (This would include additional staffing,overtime,poll worker training and/or pay, etc.) ALTERNATIVES L Consolidate Election. The Council could defer the election to the next regularly scheduled election in November 2012 or to a special election called by the Governor(date to be determined). Z Election Consultant. Council could decide to use Martin& Chapman Company to assist the City in the conduct of an all mailed ballot election. The firm of Martin&Chapman Company is the primary elections contractor in the State of California. Although this firm provides elections services, supplies and guidance relating to all mail ballot elections,they would not be responsible for: 1) Processing of return vote by mail ballots including:verification of signature and application of voting history and processing and securing storage of voted ballots. 2) Preparing and publishing all required legal notices regarding central counting location and voting center locations pursuant to Elections Code.12105 and 12109. 3) Completion of all canvass activities required by the Elections Code. Thus, if Council does not request the County Elections Official's office to conduct the election, staff would recommend that Council authorize the City Manager, subject to approval of the City Attorney, to execute a contract with Martin & Chapman Company for that purpose. A copy of Martin & Chapman's standard agreement is Attachment 4 to this report. Staff does not recommend this alternative due to the increased workload in the Clerk's office and lack of resources. ATTACHMENTS 1. Ordinance No. 1559(2011 Series) 2. Draft Resolution Calling the Election Conducted by the County of San Luis Obispo 3. Draft Resolution Calling the Election conducted by Martin&Chapman Co., Election Contractors 4. Martin&Chapman Co. Draft Agreement T:\City Clerk\Elections 2011\May 17 Meeting Docs\Calling Election\CAR.Cailing Special Election.2011.5.17.doc B1-3 ATTACHMENT I ORDINANCE NO. 1559(2011 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO RELATING TO THE CONDUCT OF MAILED BALLOT ELECTIONS WHEREAS,pursuant to the authority granted under Section 301 of the City Charter,the City Council desires to provide procedures for conducting special municipal elections for any purpose by mailed ballot. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo that any special municipal election may be conducted as an all-mail ballot election in accordance with the provisions of Sections 1 through 11 of this ordinance. SECTION 1. Scope of Mailed Ballot Elections. Any special municipal election specified herein may be held as a mailed ballot election for any purpose. SECTION 2. Any mailed ballot election may be conducted, and the votes thereof canvassed, and the returns thereof made, and the result thereof ascertained and determined, as herein provided, and in all particulars not prescribed by this ordinance, said elections shall be held as provided by the general laws of the State of California for the holding of municipal elections in the City. The Elections Official is hereby authorized and directed to take all actions necessary to conduct said special elections as provided herein and as required by law. SECTION 3. Dates for Special Municipal Elections. The date for any mailed ballot special municipal election shall either be on a date set by the California Elections Code sections 1000, 1001,or 1500, or on any other date set by resolution of the City Council. SECTION 4. Drop-off Centers. The Elections Official, or his or her designee (hereinafter"Elections Official"), shall establish the official ballot drop-off centers. The official drop-off centers shall be open during normal business hours 29 days before Election Day on weekdays (excluding holidays) and on Election Day from 7:00 am. to 8:00 p.m., and at that time, shall be closed. SECTION 5. Provision of Ballot Materials. The Elections Official shall provide to each registered voter appropriate supplies necessary for the use and return of the ballot by mail. A. Each ballot mailed by the Elections Official shall be accompanied by a ballot pamphlet and instructions for return of the ballot, including the location of the official ballot drop-off centers for the special election, and the date and time by which such ballot must be received at the official ballot drop-off centers to be counted for the election. B. Each ballot mailed by the Elections Official shall be accompanied by an official return envelope. C. The return envelope shall bear the following information, to be printed thereon by the Elections Official or provided by the voter, as appropriate: 01559 B1-4 ATTACHMENT Ordinance No. 1559 (2011 Series) Page 2 1. A notice that the envelope contains an official ballot and is to be opened only by the canvassing board. 2. A warning plainly printed that voting more than once constitutes a crime. 3. A declaration of the voter, under penalty of perjury, that he or she resides within the precinct in which he or she is voting and is the person whose name appears on the envelope. 4. The residence address of the voter as shown on the affidavit of registration.. 5. The signature of the voter. 6. The date of signing. 7. If the ballot will be returned in person by someone other than the voter, the voter's handwritten designation of that person by name, and a declaration signed by the voter, under penalty of perjury, that said adult person has been authorized by the voter to return the ballot.. D. The Elections Official shall not commence to mail the ballot and election materials prior to the 29th day before the election, and shall complete the mailing no later than the 10th day prior to the election. E. The failure of any registered voter to receive an official ballot shall not invalidate any election conducted pursuant to this Chapter. SECTION 6. Return of Ballots. A. Ballots may be returned by regular, certified or registered United States mail, overnight commercial carrier or in person. Ballots returned in person may be returned to the official drop-off centers. The Elections Official may include a notice to voters to the effect that they are permitted to return the voted ballot by regular, certified, or registered United States mail or overnight commercial carrier. B. All ballots shall be delivered, by mail to the Elections Official or in person by the voter or other authorized person to the official ballot drop-off centers no later than 8:00 p.m. on the date of the special election. Any ballot received by the Elections Official by mail or at the official ballot drop-off centers after 8:00 p.m. on the date of the Special Election shall not be accepted or counted. However, if at the time of the announcement that the poll is closed there are any voters inside the official ballot drop-off centers who have not been able to deposit their official ballot envelope with the election officials there, the election officials shall continue to accept envelopes from such voters until all have had the opportunity to deliver their ballots. B1-5 ATTACHMENT Ordinance No. 1559(2011 beries) Page 3 C. Any ballot returned in person shall be returned by the voter who was authorized to cast the ballot or by an adult person designated and authorized, in said voter's own handwriting, in the appropriate place provided by the Elections Official on the outside of the return envelope. Any person who shall deliver any other voter's ballot to the official ballot drop-off centers shall, at the time of such delivery, personally sign, in the presence of the Elections Official or a Deputy Elections Official, a declaration under penalty of perjury relating to such designation,authorization and delivery on a form to be furnished by the Elections Official. D. The Elections Official shall establish appropriate procedures for verifying the signature and residence address of each voter casting a mailed ballot. Upon receipt at the Elections Official's office,the Elections Official or a Deputy Elections Official shall compare the signature on each envelope with that appearing on the affidavit of registration of such voter and, if determined to be the same, deposit the ballot, still in the official return envelope, in a ballot container in the Elections Official's office. If the ballot is rejected on the basis of such comparison, the envelope shall not be opened and the ballot shall not be counted, and the cause of rejection shall be noted on the face of the envelope. A variance between the signatures caused by the substitution of initials for the first or middle name, or both, shall not invalidate the ballot. No ballot shall be removed from its envelope until the time for processing. No ballot shall be rejected on the basis of this subsection after the envelope has been opened. SECTION 7. Official Ballot Drop-off Centers. The Elections Official shall establish the appropriate procedures and furnish the necessary staffing to ensure the secrecy and adequate security of ballots returned to the officially designated ballot drop-off centers. SECTION 8. Absent Voter. A. No application need be made by any voter for an absentee ballot for this special election conducted entirely by mail and, except as otherwise provided in this ordinance, the provisions of Division 3 (Section 3000 et seq.) of the Elections Code of the State of California shall not apply to this special election; provided, however that any voter who has qualified as a permanent absentee voter under the Elections Code shall receive and return a ballot in the manner provided herein for all other voters. The return of the mailed ballot conforming in all particulars to the requirements of this ordinance shall be accepted as an absentee ballot on behalf of any voter who is absent from the City on the date of the election. B. Any registered voter who will be absent from the City prior to the mail-ballot election to and including the date of the election may file a written application with the City Clerk to receive an absentee mailed ballot at an address other than the voter's residence. The application shall be filed following the adoption of the resolution calling the mailed ballot election and on or before the seventh day prior to the election. The application shall show the voter's place of residence and the address to which the ballot should be mailed, and state that the voter will be unable to receive and return the mailed ballot by the election date, and shall be signed by the applicant under penalty of perjury. No voter who requests an absentee mail ballot shall be required to return or surrender a duplicate mailed ballot sent to the voter's residence. Bl-6 -' ATTACHMENT Ordinance No. 1559(2011 Series) Page 4 SECTION 9. Provisional Ballots. Any registered voter who has not already cast his or her vote may obtain a ballot at the official drop-off centers. The drop-off centers shall provide the necessary materials to enable voters to cast their votes in person, in accordance with the provisional ballot provisions of the Elections Code. SECTION 10. Processing of Ballots. Notwithstanding any provision in the California Elections Code, the Elections Official may commence processing the ballots no earlier than the seventh working day prior to the election. However, the Elections Official shall not release any results until 8:00 p.m. on the day of the special election. SECTION 11. Effective Date. This ordinance, being an ordinance calling, ordering and relating to an election, shall take effect immediately from and after its adoption. SECTION 12. If any part of this ordinance is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the ordinance shall remain in full force and effect and shall in no way be affected, impaired,or invalidated. SECTION 13. A summary of this ordinance approved by the City Attorney shall be published at least once in a newspaper of the City of San Luis Obispo at least three (3) days before its adoption. INTRODUCED on the 15th day of March 2011, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo, on the 5th day of April,2011,on the following vote: AYES: Council Members Carpenter, Carter and Smith, Vice Mayor Ashbaugh and Mayor Marx NOES: None ABSENT: None ' M or an Marx ATTEST: �liOsiC . 124e,," ' !rereby certify that this dpR ,w, Is a true Elaina Cano 91P •3riginal of ordinance No..LfQ City Clerk - , . .•ar„a was published purstrM 10 C':::,/: Section o02. APPROVED AS TO FORM- Dow J. a Dietrick CityAttomey B1-7 _ ATTACHMENT 2 RESOLUTION NO. (2011 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ALL MAILED BALLOT ELECTION TO BE HELD TUESDAY,AUGUST 30,201 1,AND REQUESTING THE BOARD OF SUPERVISORS TO RENDER SERVICES RELATING TO THE CONDUCT OF THE ELECTION WHEREAS, notice is hereby given that a special all mailed ballot municipal election will be held in the City of San Luis Obispo on August 30, 3011;and WHEREAS, the City requires assistance for the proper conduct of the special election and desires to request services of the San Luis Obispo County Elections Official to conduct said special election. NOW,THEREFORE,BE IT RESOLVED that the Council of the City of San Luis Obispo does declare, determine,and order as follows: SECTION 1. That there is called and ordered to be held in the City of San Luis Obispo, California, on Tuesday, August 30, 2011, a special municipal election conducted by all-mail ballot. SECTION 2. That pursuant to section 10002 of the Elections Code of the State of California, the City Council requests the Board of Supervisors of the County to permit the County Elections Official,to render specified services, Exhibit A,to the City of San Luis Obispo relating to the conduct for the holding of a special election on Tuesday, August 30, 2011, and said Board is hereby authorized to canvass the returns of the special election and certify the results of the canvass of the returns of the special election to the Council of the City of San Luis Obispo,which shall thereupon declare the results thereof. SECTION 3. That pursuant to the applicable provisions of the City Charter and Ordinance No. 1559 (2011 Series) of the City of San Luis Obispo, said special election shall be held and conducted by all mail ballot,and shall be conducted pursuant to Chapter 2 of Division 4 (commencing with Section 4100) of the California Elections Code only insofar as required by law, and only where not inconsistent with the Charter of the City of San Luis Obispo and Ordinance No. 1559 (2011 Series). Notwithstanding Elections Code Section 4103, ballots cast in this special election shall be returned to the office of the County Registrar of Voters by mail or in person no later than 8:00 p.m. on Election Day. Only ballots received in the office of the Registrar of Voters by 8:00 p.m. on Election Day shall be counted SECTION 4. 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 pursuant to section 51350 of the Government Code. B1-8 Resolution No. (2011 Serieb) ,ATTACHMENT 2 Page 2 SECTION 5. That the City Clerk is hereby directed to file certified copies of this resolution with the Board of Supervisors and the Elections Official of the County of San Luis Obispo. SECTION 6. That notice of the time and place of holding the special 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. Upon motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this day of 2011. Mayor Jan Marx ATTEST: Elaina Cano,CMC City Clerk APPROVED AS TO FORM: OAttomey e Dietri C Bl-9 �ATTACHMENT 3 RESOLUTION NO. (2011 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE. CITY OF SAN LUIS OBISPO CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ALL MAILED BALLOT ELECTION TO BE HELD TUESDAY,AUGUST 30,20119 AND REQUESTING MARTIN & CHAPMAN CO.TO RENDER SERVICES RELATING TO THE CONDUCT OF THE ELECTION WHEREAS, notice is hereby given that a special all mailed ballot municipal election will be held in the City of San Luis Obispo on August 30, 3011; and WHEREAS, the City requires assistance for the proper conduct of the special election and desires to request services of Martin & Chapman Co. to assist in the conduct of said special election. NOW,THEREFORE,BE IT RESOLVED that the Council of the City of San Luis Obispo does declare,determine, and order as follows: SECTION 1. That there is called and ordered to be held in the City-of San Luis Obispo, California, on Tuesday, August 30, 2011, a special municipal election conducted by all-mail ballot. SECTION 2. That the City Council requests Martin& Chapman Co: to-render specified services, Exhibit A, to the City of San Luis Obispo relating to the conduct for the holding of a special election on Tuesday, August 30,2011. 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 procure and furnish any and all notices, printed matter and supplies, and any additional equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election by all mail ballot. SECTION-5.- That in all particulars not-recited-in this resolution; the eiectionshall'be held and conducted as provided by law for holding municipal elections. SECTION 6. That pursuant to the applicable provisions of the City Charter and Ordinance No. 1559 (2011 Series)of the City of San Luis Obispo, said special election shall be held and conducted by all mail ballot,and shall be conducted pursuant to Chapter 2 of Division 4 (commencing with Section 4100) of the California Elections Code only insofar as required by law, and only where not inconsistent with the Charter of the City of San Luis Obispo and Ordinance No. 1559 (201.1 Series). Notwithstanding Elections Code Section 4103,ballots cast in this special election shall be returned to the office of the City Clerk by mail or in person no later B1-10 Resolution No. (2011 Seria�) ATTACHMENT 3" , ? Page 2 than 8:00 p.m. on Election Day. Only ballots received in the office of the City Clerk by 8:00 p.m. on Election Day shall be counted. SECTION 7. That the City shall reimburse Martin & Chapman Co. for services performed when the work is completed and upon presentation to the City of a properly approved bill.pursuant to section-51350 of the Government Code. SECTION 8. That the City Clerk is hereby directed to file certified copies of this resolution with the Board of Supervisors and the Elections Official of the County of San Luis Obispo. SECTION 9. That notice of the time and place of holding the special 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. Upon motion of , seconded by , and on the following roll call vote: t AYES: NOES: ABSENT: The foregoing resolution was adopted this day of 2011. Mayor Jan Marc ATTEST: Elaina Cano,CMC City Clerk • 4 t APPROVED AS TO FORM: Christine Dietrick City Attorney B1-11 f , h i TACHMENT 3—EXHIBIT A If the City of San Luis Obispo requests that the County Clerk-Recorder conduct the all mail ballot election to be held on August 30,the following'services would be provided: Vote centers Several locations around the city would be established where voters could drop off their ballots or obtain a replacement ballot. All locations would be staffed with poll workers and/or County Clerk- staff. All locations would be provided with an Automark ballot marking device to assist voters with disabilities. $1000 Rental plus$1000(Labor) Poll Workers Recruit,train and pay poll workers for election day to work at the vote centers. $2000 plus $1000(Labor) Supplies Identify and order all supplies necessary for the election including polling place signs and supplies,vote- by-mail envelopes and any other supplies necessary for the conduct of the election. $5000 Vote-by-mail ballots and voter information booklet Preparation of the voter information booklet including the measures and arguments for and against, instructions for voting and for returning ballots and any other language required by the election code. Preparation and layout of the ballot. Completion of all pre-election testing for ballot, ballot counting and marking equipment and ballot counting software. Coordination with printing vendor for printing and initial mailing of ballot and voter information booklet. Coordination of replacement ballots both in the mail and over the counter Processing of return vote by mail ballots including Verification of signature and application of voting history Processing,counting and secure storage of voted ballots. Set-Up&Ballot Printing:$14,000 Set-Up&VIG Printing:$15,000 B1-12 ' i I `M i TACHMENT 3—EXHIBIT A Postage:$15,000 Inkjetting&Inserting of outgoing VBM ballots:$7500 VoteRemote-ballot return and signature verification process:$6500 Return Postage on VBM Ballots:$10,400(not included in original estimate)- Business Reply Mail- charged only for what is returned through post office. Labor:$10,000 Election Day/Night Answer voter phone calls Provide troubleshooting personnel for vote centers Provide collection center to receive and securely store all voted ballots and other material received from the vote centers after the dose of polls on election night. Provide unofficial election results after 8:00 p.m for those ballots which have already been counted. Labor.$3,000 Canvass Process and count all vote-by-mail ballots returned on election day or that were not previously counted. Completion of all canvass activities required by the Elections Code. Certify election results to the City of San Luis Obispo Secure storage of all election material for 6 months as required by the Elections Code. Labor.$6,000 Public Outreach/Legal notices Prepare and send press releases pertaining to election activities including but not limited to deadline for close of registration, mailing of vote-by-mail ballots,deadline for returning ballots, locations of vote centers. Develop and manage updates for website including voter registration lookup,vote-by-mail status lookup and accessibility features of vote center locations. Prepare and publish all required legal notices regarding central counting location and vote center locations pursuant to EC 12105 and 12109. Post precinct board members pursuant to EC12105.5 B1-13 .,i TACHMENT 3—EXHIBIT A Labor& Publications:$3,000 City aerk would be responsible for the following: Pre-election notices as required by EC 12101 et seq except for those noted above All activities required by EC 9280 et seq.. TOTAL-$90,000 The City of San Luis Obispo could request that the County Clerk-Recorder be involved in only certain aspects of the election or that the County Clerk-Recorder act only in an advisory role. The City could also choose to contract with an outside vendor instead of the Clerk-Recorder. At the minimum,the Clerk-Recorder would provide the City of San Luis Obispo with: The voter files necessary to prepare and mail the vote-by-mail ballots. Access to poll worker files and past election procedure manuals. Names and contact information for temporary election staff. Access to voter registration system for use in issuing replacement ballots,verifying voters signatures and updating voting history. B1-14 ATT :HMENT 3 EXHL -:r A - Martin & Chapman Co., 1951 Wright Circle-Anaheim,CaRkmia 92806.714/939-9866-Fax 714/939-9870 CITY OF SAN LUIS OBISPO May 4, 2011 OFFICE OF THE CITY CLERK Estimate of Services 990 PALM STREET SAN LUIS OBISPO, CA 93401-3249 2 Measures All Mail Ballot SPECIAL MUNICIPAL ELECTION AUGUST 30,2011 Auan'. -. - Description, - _Unit Price I Total PRE-ELECTION__ _ _ SUPPLIES 1 Calendar of Events NC NC 11 1 Election Night Procedures Manual NC NC ALL MAIL BALLOT SUPPLIES 26000 All Mail Ballot Outgoing Envelopes-9 X 12 $W.00+0.20 ea $5,250.00 26000 All Mail Ballot Identification/Return Envelopes-Yellow Remit $W.00+o.so ea $5,250.00 25 Correction Identification/Return Envelopes $0.35 $8.75 25 Provisional Ballot Envelopes $0.35 $8.75 1 Vote by Mail Canvass Set $45.00 $45.00 2 Drop Off Site Supply Sets $50.00 $100.00 2 Ballot Boxes-Cardboard $9.00 $18.00 32 Voted Ballot Boxes for VBM Ballots-regular size $3.10 $99.20 32 Voted Ballot Boxes for VBM Ballots-1/2 size $3.50 $112.00 64 Labels for Voted Ballot Boxes $0.50 $32.00 64 Seals for Voted Ballot Boxes $0.50 $32.00 1 White Box(es)for"Unvoted Ballots" $3.00 $3.00 I White Box Seals $0.25 $0.25 VBM TRACKING SYSTEM 295751 1 Vote by Mail Tracking System/Active and Inactive Voters $1,735.13 MAILING LABELS 1 NCOA(National Change of Address)Set-up charge $75.00 $75.00 24380 NCOA Processing for Change of Address $0.00375 $91.43 243.80 Voter Address Labels/54 day labels $1,499.00 50 Voter Address Labels/29 day labels $202.50 25 Voter Address Labels/ 15 day labels $201.25 SAMPLE BALLOT/VOTER INFORMATION PAMPHLETS 200MI Sample Ballot Pamphlets/ 12 of 12 pages/ 0 $11,050.00 OFFICIAL BALLOTS AND SUPPLIES 2 Official Ballots-Typeset Ballot/per side/English only $150.00 $300.00 25000 Official Ballots / Vote by Mail $0.22 $5,500.00 600 Official Ballots/ Test-Duplicates $0.22 $132.00 25600 Total Official Ballots 1 Test/Duplicate Overprint/each Card $25.901 $25.00 San Luis Obispo 2011 0830 E -15 ATTACHMENT EXHIBIT A - uanfity Descnphon rinif Price Total BALLOT COUNTING/ELECTION NIGHT SUPPLIES 1 Election Night Supply Kit $35.00 $35.00 42 Counted Ballot Seals $1.00 $42.00 1 Ballot Counter Rental /Card 1-side 1 $5,000.00 $5,000.00 1 Add1 Programming /Card 1-side 2/102 $500.00 $500.00 16 Add'I Programing to count VBM's/Provisionals by precinct $20.00 $320.00 3 Ballot Counter Operator(s) $650.00 $1,950.00 1 Add'I Tally of Late VBM's&Provisional Ballots $600.00 $600.00 SUBTOTAL Subtotal/Taxable Items $40,217.25 Sales Tax 0.08251 $3,317.92 $43,535.17 MISCELLANEOUS SERVICES 31 1 Rental of Voting Booths-Regular $15.00 $45.00 TRANSLATIONS Spanish Translations 1 Ballot(s) $150.00 $150.00 4 Measures pages $200_.00 $800.00 2 Analyses $375.00 $750.00 4 Arguments $225.00 $900..00 4 Rebuttals $200.00 $800.00 MAILING SERVICES/ALL MAIL BALLOTS 1 Transfer of Data File to Mailer $250.00 $250.00 24380 54 day file/Addressing Envelopes $0.05 $1,219.00 24380 Inserting materials into 9 x 12 Outgoing Envelopes $7,364.00 1 Mail preparation, Postal Documentation $150.00 $150.00 200 Inserting materials into Envelopes for City Clerk's use $100.00 50 29 day file/Addressing Envelopes $0.05 $2.50 50 Inserting materials into 9 x 1.2 Outgoing Envelopes $65.00 25 15 day file/Addressing Envelopes $0.05 $1.25 25 Inserting materials into 9 x 12 Outgoing Envelopes $57.50 POSTAGE ACTIVITY/ALL MAIL BALLOTS 25 Affix Meter Tape 1 st class Postage-Out of Country $0.25 $6.25 50 Affix Meter Tape 1 st class Postage-29 Day file $0.:25 $12.50 25 Affix Meter Tape 1 st class Postage- 15 Day file $0.25 $6.25 DELIVERY SERVICES 1 Deliver All Mail Ballot Packages to Post Office $600.00 $600.00 1 Deliver VBM Supplies to City $200.00 $200.00 1 Deliver Drop Off Site Supplies to City $500.00 $500.00 6 UPS/Fed Ex charges $90.00 Total Nontaxable Items $14,069.25 TOTAL DUE THIS INVOICE $57,604.42 TERMS NET 30 DAYS/ 1.5% PER MONTH THEREAFTER San Luis Obispo 2011 0830 B1-16 ATTACNMEN._� EXHIBIT Cano, Elaina From: Scott Martin[scott@martinchapman.com] Sent: Wednesday, May 04,20117:09 PM To: Cano, Elaina Cc: Ben Horwich; Dan Pabich; Jennifer Martin; Judy Martin; Marianne Severson; Pat Martin; Rigo Garcia; Ryan Martin Subject: RE: Election Cost Estimates Attachments: San Luis Obispo 2011 0830 Estimate.pdf Hi Elaina Here is our Estimate of Services, detailing all we will do for you for the election. In addition to these costs, you should also budget for: 1. Outgoing postage—$6300.00 -to be prepaid to our mailer prior to mailing out the ballot packages 2. Return postage-$6400.00-if city is paying for each ballot to comeback—estimated at 50%turnout—to be prepaid by the city to the post office prior to mailing out the ballot packages. 3. Unknown Registrar of Voter charges for a) providing voter files b)providing signature files In addition to this, there is an option to rent a VoteRemote Automatic Signature Verification machine from a city that has one. This machine will 1)scan the barcode of the returned ballot and export the information to our VBM Tracking Program.Then it scans the signature, compares it with the county signature on file in the machine, and accepts or rejects the signature. It does all this at 3600 ballots an hour. The rental would be around$2500.00, plus a$500.00 signature download setup and $125.00 for downloading the barcodes. Contact Ben if you have any questions. I think that does it for now. Next week I will work on a Calendar of Events for you for August 30. Thanks! Scott Martin 714-939-9866 x 221 Scott@martinchapman.com B1-17 ATTACHMENT 4 AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on by and between the CITY OF SAN LUIS OBISPO,a municipal corporation,hereinafter referred to as City,and Martin& Chapman Company,a California corporation,hereinafter referred to as Contractor. WITNESSETH: WHEREAS, the City, in order to assure that a special all mailed ballot municipal election scheduled to be held on August 30, 2011, is conducted in a timely manner and within the legal requirements of law,wants to acquire the services and necessary and proper election supplies. WHEREAS, Contractor is qualified and willing to perform the required services and provide the proper election supplies,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 render the following services in connection with the Special All Mailed Ballot Municipal Election to be held on Tuesday,August 30,2011: (a) To be on call by telephone; to be available at any time to the City Clerk, prior to, during and for a reasonable time after the election,and during the same period to,upon request,appear in person and work in cooperation with the City Clerk upon any election task or problems which may arise. (b)To furnish additional working forms,outlines, check lists and schedules which will aid the City Clerk in keeping track of procedural details of the election. (c)To prepare and mail the Voter Information Pamphlets. (d)To otherwise provide such other special and unique services in close cooperation with the City Clerk as may be necessary for the successful conduct of the election. The Contractor shall furnish to the City the election services and supplies as designated in its proposal of May 4,2011,which is attached to this Agreement as Exhibit"A"and incorporated by reference. In the event that more or less supplies are actually furnished than is shown in this Agreement, those supplies will be billed according to the unit price shown for each item Estimated pamphlet prices are based on number of registered voters and number of pages and may increase or decrease accordingly. B1-18 ATTACHMENT 4 Exhibit B:Contract Performance Terms Page B-2 2. CITY'S OBLIGATIONS. The City shall pay to Contractor for the services to be performed and materials and supplies to be furnished for the Special All Mailed Ballot Municipal Election to be held on Tuesday, August 30,2011,an amount not to exceed$74,000 including sales tax on materials famished Payment will be made in due course of payments of the City, upon the completion of the delivery of the supplies and the furnishing of the required services for the election. 3. TERM. The term of this Agreement shall commence upon its execution by the City and shall terminate upon the completion of the services following the official canvass of the election. 4. AMENDMENTS. Any amendment, modification or variation from the terns of this Agreement shall be in writing and shall be effective only upon approval by the City Manager of the City. 5. BUSINESS TAX Contractor must have a valid City of San Luis Obispo business tax certificate prior to execution of the contract Additional information regarding the City's business tax program may be obtained J by calling(805)781-7134. 6. LAWS TO BE OBSERVED. Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances,regulations and adopted codes during its performance of the work. 7. CONTRACTOR NON-DISCRIMINATION. In the performance of this work,Contractor agrees that it will not engage in, nor permit such sub-contractors as it may employ, to engage in discrimination in employment of persons because of age,race, color, sex,national origin or ancestry,sexual orientation, or religion of such persons. & PAYMENT TERMS. The City's payment terms are 30 days from the receipt of an original 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, and shall not acquire any interest direct or indirect or otherwise, which would conflict in any manner or degree with the 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 have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. B1-19 TTACHMENT 4 Exhibit B:Contract Performance Terms Page B-3 1. 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 claims 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 the acts or omissions of Contractor, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same; provided, however, that Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City,its agents,officers or employees. Il. CONTRACT ASSIGNMENT. Contractor shall not assign, transfer, convey or otherwise dispose of the contract,or its right,title or interest,or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 12. INSURANCE. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by Contractor,its agents,representatives,employees or sub-contractors. a. Minimum scope of insurance. Coverage shall be at least as broad as: • Insurance Services Office Commercial General Liability coverage(occurrence form CG 0001). • Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). • Workers'Compensation insurance as required by the State of California and Employer's Liability Insurance. • Errors and Omissions Liability insurance as appropriate to Contractor's profession. b. M nhnum limits of insurance. Contractor shall maintain limits no less than: • General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability: $1,000,000 per accident for bodily injury and property damage. • Employer's Liability: $1,000,000 per accident for bodily injury or disease. • Errors and Omissions Liability: $1,000,000 per occurrence. B1-20 ATTACHMENT 4 Exhibit B:Contract Performance Terms Page B-4 C. Deductibles and sW-huured retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City,either. the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related 'investigation, claim administration and defense expenses. d. Other insurance provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain,the following provisions: • The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of Contractor,products and completed operations of Contractor, premises owned, occupied or used by Contractor, or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City,its officers,official,employees,agents or volunteers. • For any claims related to this project, Contractor's insurance coverage shall be primary insurance as respects the City, its officers,officials,employees,agents and volunteers. Any insurance or self-in umce maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of Contractor's insurance and shall not contribute with it. • Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City,its officers,officials,employees,agents or volunteers. • Contractor'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. • Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty(30)days' prior written notice by certified mail,return receipt requested,has been given to the City. e. Acceptability of insurers. Insurance is to be placed with insurers with a current A-NL Best's rating of no less than A:VII. ; E Vezfncadon of coverage Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. B1-21 A 1'TAGHj''V,1r— V 1- 4 Exhibit B:Contract Performance Terms Page B-6 13. COMPLETE AGREEMENT. This written Agreement, including all writings specifically 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 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, postage prepaid by registered or certified mail addressed as follows: City Elaina Cano,City Clerk City of San Luis Obispo 990 Patin Street San Luis Obispo,CA 93401 Contractor Scott Martin Martin&Chapman Co. 1951 Wright Circle Anaheim,CA 92806-6028 15. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO,A Municipal Corporation B9:. Elaina Cano Katie Lichtig City Clerk City Manager APPROVED AS T O CONTRACTOR By: ' tine Dietuick Scott Martin City Attorney President B1-22. ���������I'IIIIIIIIIC11'�II!IIII Council Red File lCity of San Luis Obispo May 17, 2011 RED FILE TO: Mayor Marc & Members of the City Council MEETING AGENDA DAT S �� ��ITEM # Bi FROM: Elaina Cano, City Clerk 6 CA/ VIA: Katie Lichtig, City Manager i �. SUBJECT: Corrections to Resolutions and Attachments, Item 131 It was brought to staffs attention that there were incorrect dates referenced in both resolutions included in the staff report. On pages 131-8 and 131-10, the first sentence should read as follows: WHEREAS, notice is hereby given that a special all mailed ballot municipal election will be held in the City of San Luis Obispo on August 30, 2011; and... In addition, Pages B1-12 thru B1-14 should be marked as "Attachment 2— Exhibit A.° If Council concurs with these revisions, the motion should so indicate. 7co ema,w NCM a CDDDIR a CRY MGR a F17DIR a AWCM a FIRECfIIEFF c AMRNEY a PWDIR n CLE "luo o PDLICEQUU o H4RKSRRECDM a nawn 0 L77LDIR a NEW T7MfiS O$R DIA a SLOCMNM 0 CDUNm. aCmum acm GA301-04 MinuteslConection to Minutes 11-16-10.doc