SERVICE AGREEMENT FOR THE PROVISION OF ELECTION SERVICES
BETWEEN THE CITY OF PACIFICA AND
SAN MATEO COUNTY CHIEF ELECTIONS OFFICER & ASSESSOR-COUNTY CLERK-RECORDER This Service Agreement for the Provision of Election Services (“Agreement”), entered into this _______ day of _______________, 2022, by and between the City of Pacifica (the “Municipality”) and San Mateo County Chief Elections Officer & Assessor – County Clerk – Recorder (the “Chief Elections Officer”). The Municipality and the Chief Elections Officer shall be collectively referred to as “Parties”.
WHEREAS, it is necessary and desirable that the Chief Elections Officer be retained for the purpose of conducting an election, described in more detail below, for the Municipality; and WHEREAS, the Chief Elections Officer has been asked by the Municipality to conduct an election on November 8, 2022 (the “Election”).
NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:
I. SERVICES TO BE PERFORMED BY THE MUNICIPALITY:
1) Within the time frame set by statute, the Municipality will request the Board of Supervisors, through the Chief Elections Officer, to conduct an election relating to the Municipality on November 8, 2022 and will request the services of the Chief Elections Officer in relation to the Election. 2) The Municipality will publish the Notice of Election and the Notice to File Declarations of Candidacy for the offices to be voted on and/or the Notice to File Arguments For or Against any measure. 3) The Municipality will submit to the Chief Elections Officer the offices to be voted on and the measure ballot questions by 88 days prior to the Election. The Municipality will submit to the Chief Elections Officer the names and ballot destinations of the candidates to appear upon the ballot by 81 days prior to the Election.
4) The Municipality will prepare and deliver to the Chief Elections Officer the ballot pamphlet information containing, as applicable, candidate designations and statements, ballot measure(s), tax rate statement(s), impartial analyses, arguments for or against measures and rebuttals thereto. 5) The Municipality will review and sign off on the official ballot wording for measures. 6) The Municipality will complete any other non-delegable tasks required by law in relation to the Election. 7) The Municipality shall maintain records/maps regarding the boundaries of the Municipality and will notify the Chief Elections Officer of any changes/additions to those boundaries by 125 days prior to the Election.
II. SERVICES TO BE PERFORMED BY CHIEF ELECTIONS OFFICER:
1) The Chief Elections Officer will select the sample and official ballot printer(s) and translators. 2) The Chief Elections Officer will prepare and deliver all election information to the printers and translators. 3) The Chief Elections Officer will determine the appropriate translation and transliteration of all pertinent documents.
4) The Chief Elections Officer will issue, receive and process vote by mail ballots. 5) The Chief Elections Officer will set up ADA compliant Vote Centers, publish any required notices and conduct the Election.
6) The Chief Elections Officer will provide services for any official recount or election contest, if applicable. 7) The Chief Elections Officer will conduct all aspects of the Canvass of Votes Cast. Pursuant to Section 10262 of the Elections Code, the Chief Elections Officer will submit a Certificate of Chief Elections Officer to the Municipality’s governing body certifying the results of the Election. 8) The Chief Elections Officer will conduct other various and miscellaneous election-related activities directly required to conduct the Election itself. To the extent that the Municipality has obligations under law to perform various duties that relate to the Election beyond those directly involved with conducting the Election, those duties remain the responsibility of the Municipality. If the Municipality wishes to have any such duties performed by the Chief Elections Officer, the parties must mutually agree in advance in writing to have the Chief Elections Officer perform such duties. By way of example only, if the Municipality is required to send certain notices or adopt resolutions relating to the Election, those duties remain duties of the Municipality.
III. TERMS:
1) This Agreement shall be in effect for the performance of all services incident to the preparation and conduct of the Election to be held on November 8, 2022, including before and after said Election date. 2) In the event the Chief Elections Officer is unable to perform services required under this Agreement as a result of employer/employee relation conditions, vendor conditions, the unavailability of Federal, State, or County funds, COVID-19-related limitations, and/or other conditions beyond the control of the Chief Elections Officer, the Chief Elections Officer will be relieved of all obligations under this Agreement. The Chief Elections Officer may terminate this Agreement after giving 72 hours written notice, at which time the Chief Elections Officer will be relieved of all obligations under this Agreement.
3) This Agreement can be terminated by the Municipality upon 30 days written notice. 4) Persons employed or utilized by the Chief Elections Officer in the performance of the Services will not be employees or agents of the Municipality. The Chief Elections Officer is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. The Parties agree that the Chief Elections Officer is in responsible charge of the Services to be provided pursuant to section II of this Agreement and Municipality shall have no control over the method or means of performance of those services.
IV. COST FOR SERVICES
1) In consideration of the performance of services and supplies provided by the Chief Elections Officer, including 1) any and all costs incurred during a recount or election contest that are not reimbursed by the voter requesting the recount or filing the contest as specified in the Elections Code and 2) any other costs associated with the Election, such as return postage costs and costs for ensuring voter accessibility, the Municipality shall pay to the Chief Elections Officer a sum equal to the full cost of the Election, including all such services, supplies, and other costs.
2) The Chief Elections Officer shall send an itemized invoice to the Municipality for all services provided pursuant to this Agreement after the Election is conducted and all related costs are determined. Payment on the full amount of the invoice shall be due and the Municipality shall submit payment to the County of San Mateo within forty-five (45) days of the date of the invoice (the “Due Date”). If the amount is not paid in full within this time, interest shall accrue monthly at a rate of 0.25% per month (equivalent to 3% annually) on the unpaid balance starting at the Due Date. Thereafter, invoices will be sent and shall be payable within thirty (30) days of the date of the invoice, with interest being added each month for any unpaid balance.
V. MISCELLANEOUS
1) This Agreement represents the entire understanding of the Parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder.
This Agreement may only be modified by an amendment in writing signed by each Party. 2) If any part of this Agreement is determined to be unconstitutional, invalid or beyond the authority of either party, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.
3) This Agreement may be signed in counterparts and, when fully signed, such counterparts shall have the same effect as if signed in one document.
[Signatures on following page]
MUNICIPALITY
Signature: _____________________________________ Date:_____________ Print Name: _____________________________________
Title: _____________________________________
COUNTY
Signature: _____________________________________ Date: _____________ Print Name: _____________________________________
Title: _____________________________________
Attest
By:
Sarah Coffey, City Clerk
Approved As To Form
By:
Michelle Marchetta Kenyon, City Attorney