CITY OF SAN CLEMENTE
PROFESSIONAL CONSULT ANT SERVICES AGREEMENT
1. PARTIES AND DATE.
Attachment 7
This Agreement is made and entered into this 15th day of August, 2023, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio, San Clemente, California, 92673 ("City") and National Demographics, Inc. dba National Demographics Corporation, a California corporation, with its principal place of business at P.O. Box 5271, Glendale, California 91221 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provIsIon of certain professional services related to the City's transition from at-large to by-district elections as required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional demographic consulting services to public clients, is licensed in the State of California, if applicable, is duly organized and existing under the laws of the State of California, is duly registered and authorized to do business in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional demographer consulting services for the transition from at-large to by-district election services project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 19, 2023 until the Services set forth in Exhibit A are satisfactorily completed, unless earlier terminated as provided herein. Consultant shall complete the Services according to the schedule set forth in Exhibit "B" hereto, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.