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Home My WebLink AboutResolutions 88-056 N.C.S. 03/07/1988 1. ~ a 1 r ~es®Ildtl®rl No. 88-56 N.C.S. of the City of Petaluma, California APPROVING CONTRACT WITH SONOMA COUNTY FOR ELECTION SERVICES AND AUTHORIZING EXECUTION OF SAME BE IT RESOLVED: 1. The City Council of the City of Petaluma hereby approves the contract for election services with the County of Sonoma (Exhibit A attached hereto) ; and, 2. The Mayor or City Manager are authorized to execute said contract on behalf of the City of Petaluma. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Ap d to Council of the City of Petaluma at a (Regular) (~~~e,~yl~~~c#iiz~) meeting county.con~irC....----7th---....... day of ...............March................................, 19..88., by the electl following vote: ••--- •--• =--• --•--••--•••-----••••--- i Attorney AYES: Sobel, Balshaw, Cavanagh, Davis, Tencer, Vice Mayor Woolsey, Mayor lligoss NOES: ~ /' . ~ ` ABSENT: ~ ... l . ~~ ATTEST : ........ ..: .. .. ... ...... .. ................................... _........-•-•--------•---.....-------....._._............--------... .......-- ity Clerk Mayor Council File ......................--°----..... CA 10-85 Rcs. No.......8.8._r,.$......... N.C.S. r' C O N T R A C T THI-S AGREEMENT is made and entered unto this day of 19,8'8., by' and. between the COUNTY OF SONOMA, a political subdivision of the State of California, hereinafter referred to as the "County'", and the .CITY OF PETALUMA, a municipal corporation, hereinafter referred to as the "City'! ; W I ,T N E S SET H e That the parties hereto have mutually cortrac ed and agreed as follows 1. For the term. of this contract, the County shall render the following services to th'e City in concert with the City Clerk of the City: A.. Conduct,, manage,, and supervise all municipal elections held within the City' during this period;, B. Procure and: furnish the necessary supplies and equipment to be used in said elections; C. Perform all related services and functions necessary to the accoinplishmen~t of this agreement; 2. This contract is made. and entered, into pursuant to Government Code Section 51300, et seq.,, .anal is subject to all the provisions thereof; 3:. For the purposes of conducting said elections, the Sonoma County Clerk. shall exercise such powers. andduties conferred. by law upon the Clerk of the City with respect to elections, pursuant to agreement'by both parties. Such Jute's shall include, but not be limited to, ~ those powers and duties set forth in Division 14, Part EXHYBIT A 2 bf the California Elections Code, commencing with Section. 22600, .anal. shall exclude the issuance !and 'filing of nomination documents . 4. Upon the completion of the official canvass of the votes cast, and upon proper demand by the County,. the City shall forthwith reimburse the County for any and all expenses incurred by the County in connection with said election. The County's statement for elect°ion costs and expenses on be-half of the City shall contain an apportionment of these costs an:d expenses between the City and the. City of Petaluma School District as provided in Education Code Section 5'•228.., The. cost and expenses to be included in the County's statement shall be a follows A: PRECINCT EQ.UIPME'NT AND SUPPLIES: (1) The County shall procure all precinct equipment and supplies in the name and on -behalf of the City.. (2) The amount, source and, na ure of said equipment. and supplies will be ,determined in accordance with applicable laws. The; County will have complete discretion in making determinations in procurement of equipment and supplies. (3) Expenses incurred by 'the County in the- accomplishment of this erection of the agreement shall, a;t the option of the County, either be paid directly by the City upon ,confirmation by the Coinnty, or ,shall be paid to the County upon proper demand. B . POSTAGE Postage shall., upon. request of the County, either be prepaid by the City by warrant in the requested 2 amount payable to "Postmaster 'at Santa Rosa", or be paid to the County upon proper demand. C. POLLING PLACES AND ELECTION OFFICIALS: The City sha"11, upon proper demand, pay all polling place expenses and compensation of election officials atfirbutable to the conduct of such election, including the cast of insurance if necessary. D. COUNTY STAFF SERVICE'S AND SUPPLIES: The City shall pay all expenses incurred by the County for staff services and use of County supplies. "Expens'es" as used in this section shall include the cost or the reasonable value of the following (a) Time and effort expended by County officers and 5. 6. employees; (b) Equipment and supplies furnished by the County; (e) Any other necessary expenditures made by the County in the accomplishment of this agreement. The City shall provide suitable locations for consolidation of returns and any other necessary furicti`ons if requested by the County. County employees assigned to duties in the performarnce of this agreement. shall remain at all times under supervision or control of the County. The City shall exercise no supervision or control of such- ..employees . If questions arise on the. part of the City a. s to perfor"mance, such questions will be referred directly to the County Clerk as the supervisor o.f such employees and the 3 determination or resolution of questions or problems shall be settled a~s mutually agreed. upon by th'e parties of this contract. For purposes of workers compensation .insurance, it is intended that all persons performing services under this agreement shall remain in the general service of the: County, and that their services on behalf of the City shall 'be considered a special employment which shall .not subject the City to liability under workers compensation laws : However, it is understood that the County. in computing t'he cost of its services hereunder may take into account its direct cost of providing workers compensation insurance coverage for such employees in proportion to time spent in the performance .of this contract . As to general .,liability for injury or damage to persons or property imposed by law for injury caused by a negligent or wrongful act qr omission occurr.in~g in the. performance of this agreement, section .895.2. of the Government Code shall apply. Unless the City' is held liable for all' or pant of. any such liability under the judgment of a court of competent jurisdiction based upon ,, a finding that the City or its officer or a'gent' ;bas direcfly and proximately caused the: injury or- damage, or uriaess the City voluntarily contributes ~ to the settlement. of a claim for such in some particular amount, the County will:. indemnify the City against and save the City harmless from all claims, costs,, expenses, attorney fees, payments, judgments, and other detriments arising out of injuries or payments, judgments, and 4 other detriments arising out of injuries or damages caused by employees of the County who remain under the exclusive direction an;d control of the County while performing services under this agreement. 'The County, in cornpzting i'ts cost of services under this agreement mazy take into account the direct cost of providing adequate liability insurance to cover operations under this agreement. 'F',he parties understand that each. party :maintains insurance programs under workers compensation laws and in protection of various other liability risks and exposures; each party shall continue to maintain such programs as a matter of its own discretion.. In the event liability is imposed upon the parties to this agreemen under any circumstances in which the above provisions of this paragraph do not control, and if the liability is joint and several.., the parties shall contribute equally to the settlement- of any claim or judgment.. 7. Nothing. .contained in this contract shall relieve the City of the ultimate responsibility for canvassing the returns of any election held hereunder, nor shall the County be obligated in any case to defend or-- prosecute any action a:t law or equity arising o:ut o.f any such election or contesting thee: validity of any such elec ion. T.he City shall be responsible .for defending any court action brough to challenge any election held pursuant to this contract. 8. Tt is expressly recognized that this agreement transfers ministerial duties only. In the event that. policy questions arise, 5 such. questions will b'e referre:d to the City for .decision by the appropriate City officials . 9. The term of this contract shall be for five years from the date first-above written, .and shall be renewed automatically therefter for. successive one year periods, provided, however, that during such term the contract may be terming ed by joint action of the City and 'C- ounty a`t any time, or by separate action of either the City or County with one year's. written not-ice to the other. IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals as of the date- .first-above written. County of Sonoma By: ATTEST City of Petaluma County Glerk & Registrar of Voters By By: ATTEST: City Clerk BY electioTrs .contract LAW11 6