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HomeMy WebLinkAbout2022 CON Matthew Barreto Ph.D - Election AnalysisSHORT FORM SERVICES AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND MATTHEW A. AST°, PH.D. THIS AGREEMENT is entered into this 4th day of February, 2022, by and between the CITY F NATIONAL AL CITY, a municipal corporation (the "CITY"), and MATTHEW A. GARRET , PH.D., a sole proprietor (the "CONSULTANT"). NOW, THEREFORE, CITY agrees to engage CONSULTANT to perform the services set forth herein in accordance with the following terms and conditions: 1. Description ofServices. CONSULTANT shall provide CONSULTANT services, including but not limited to a demographic analysis of racial and ethnic population in the City of National City; assess Section 2 of the Voting Rights Act tingles factors; briefings and presentations; final recommendations and follow up analysis. 2. Length of Agreement. The duration of this Agreement is from date fully executed through March 23, 2022. 3. Compensation. The total compensation to CONSULTANT for providing the services set forth herein shall not exceed a one-time cost of $30,000.00. 4. Payment Schedule. CITY will make payment within thirty 0 days of receiving and approving a billing statement for the satisfactorily completed services of CONSULTANT. 5. Termination. CITY may terminate this Agreement at any time by providing one (1) day's written notice to CONSULTANT. 6. Independent Contractor. It is agreed that CONSULTANT is an independent CONSULTANT, and all persons working for or under the direction of CONSULTANT are CONSULTANT'S agents, servants and employees, and said persons shall not be deemed agents, servants, or employees of CITY. 7. Insurance. CONSULTANT shall obtain: A. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT T has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. B. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation or material change. C. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City co Risk Manager 1243 National City Boulevard National City, CA. 91950-4397 8. Indemnification and Hold Harmless. To the maximum extent provided by law, the CONSULTANT agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S performance or other obligations under this Agreement; provided, however, that this indemnification 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 employees, or volunteers. CITY will cooperate reasonably in the defense of any action, and CONSULTANT T shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 8. Acceptability of Work. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance, and/or the compensation payable to the CONSULTANT. 9. Administrative Provisions. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a. Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instillment. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this �+ Agreement or any provision hereof. D. No i s to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any personor entity other than the parties hereto. B. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, Standard Short Form Agreement Page 2 of 4 City ofNational City and Revised January 2021 MATTHEW A. BARRET , PH.D. or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement will control. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Assignment & Assumption of Rights. s. CONSULTANT T shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY. H. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any fixture breach of any such provision or any other provision hereof. I. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California. The CONSULTANT shall, comply with all laws, including federal, state, and local laws, whether now in force or subsequently enacted. J. Audit. If this Agreement exceeds ten -thousand dollars 10 0 0 , the parties shall be subject to the examination and audit of the State Auditor for a period of three 3 years after final payment under the Agreement, per Government Code Section 8546.7. K. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent, or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. M. Subcontractors or Subconsultants. The CITY is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY. In the event any portion of the work under this Agreement is subcontracted, the subcontractor(s) shall be required to comply with and agree to, for thebenefit of and in favor of the CITY, both the insurance provisions in Section 7 and the indemnification and hold harmless provision of Section 8 of this Agreement. N. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. Standard Shore. Form Agreement Page 3 of 4 City ofNational City and Revised January 21 MATTHEW A. BARRE T , PH.D. IN WITNESS WHEREOF, this Agreement is executed y CITY and by CO on the date and year first above written. CITY OF NATIONAL CITY By: B City Manager APPROVED OVE AS TO FORM: By: C Charles B. Bell Jr. City Attorney CONTACT INFORIVIATION CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950-4397 Phone: (619) 3 3 -4 2 0 Contact: Charles E. Bell, Jr. Title: City Attorney Dep.: City Attorney Email: eelinationaleityea.gov SULTANT MATTHEW A. AST°, PH.D. : 1 x (. ci in e) Matthew A. Barreto (Print) Sole proprietor (Title) MATTHEW A. BA .I .ET°, PH.D. 6119 Heritage Dr Agoura Hills, CA 91301 Phone: 909-49-9 Contact: Matt A. Barreto Title: Professor of Political Science Email: matt(ituclavip.org Taxpayer I.D.. No.: 514-9 - 973 Standard Short Form Agreement Revised January 2021 Page 4 of 4 City of National City and. MATTHEW A. BARRETO, PH.D.