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HomeMy WebLinkAboutAgenda Report - December 12, 2017 B-02TM CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: MEETING DATE: PREPARED BY: AGENDA ITEM By'a Adopt Resolution Authorizing the City Manager to Execute a Professional Services Agreement with National Demographic Corporation of Glendale for Demographic Services Regarding the Transition to By -District Elections (Not to Exceed $50,000) December 12, 2017 City Attorney RECOMMENDED ACTION: Adopt Resolution authorizing the City Manager to execute a Professional Services Agreement with National Demographic Corporation of Glendale for demographic services regarding the transition to by -district elections (not to exceed $50,000). BACKGROUND INFORMATION: Should the City Council adopt the "Resolution of Intention" to transition from "at -large" to "by -district" elections, City will require expertise in the areas of demographic and election history profiles, an analysis of racially polarized voting, and drawing proposed election districts based on public input. Staff recommends contracting with National Demographic Corporation (NDC) of Glendale to assist staff as we transition to by -district elections, by providing the expertise noted above, as well as assisting with public outreach, including preparation of written materials, and a dedicated webpage, and technical resources. FISCAL IMPACT: If Council pursues by -district elections, the estimated $50,000 cost for demographic services can be absorbed within known employee vacancy savings in various departments. For now costs will be charged to the City Clerk's elections budget. FUNDING AVAILABLE: City Clerk's elections budget (10005000-72450) Attachment: Professional Services Agreement Janice D. Magdich, City Attorney -19 APPROVED: ] � 5r'eikr- c a+a y Manager AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT is entered into on , 2017, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and NATIONAL DEMOGRAPHIC CORPORATION, a California corporation (hereinafter "CONSULTANT"). Section 1.2 Purpose CITY selected the CONSULTANT to provide the services required in accordance with attached Scope of Services, Exhibit A, attached and incorporated by this reference. CITY wishes to enter into an agreement with CONSULTANT for professional services and technical expertise regarding the transition from at -large to by -district elections (hereinafter "Project") as set forth in the Scope of Services and Fee Proposal attached here as Exhibit A. CONSULTANT acknowledges that it is qualified to provide such services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONSULTANT, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A. Section 2.2 Time For Commencement and Completion of Work CONSULTANT shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services. CONSULTANT shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services. CONSULTANT shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be counted against CONSULTANT's contract performance period. Also, any delays due to 1 weather, vandalism, acts of God, etc., shall not be counted. CONSULTANT shall remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meetings CONSULTANT shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffing CONSULTANT acknowledges that CITY has relied on CONSULTANT's capabilities and on the qualifications of CONSULTANT's principals and staff as identified in its proposal to CITY. The Scope of Services shall be performed by CONSULTANT, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONSULTANT of any change of Project Manager and CITY is granted the right of approval of all original, additional and replacement personnel at CITY's sole discretion and shall be notified by CONSULTANT of any changes of CONSULTANT's project staff prior to any change. CONSULTANT represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONSULTANT represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONSULTANT to practice its profession, and that CONSULTANT shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.5 Subcontracts Unless prior written approval of CITY is obtained, CONSULTANT shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 Term The term of this Agreement commences on December , 2017 and terminates upon the completion of the Scope of Services or on April 1, 2018, whichever occurs first. 2 ARTICLE 3 COMPENSATION Section 3.1 Compensation CONSULTANT's compensation for all work under this Agreement shall conform to the provisions of the Scope of Services and Fee Proposal, attached hereto as Exhibit A and incorporated by this reference. CONSULTANT shall not undertake any work beyond the scope of this Agreement unless such additional work is approved in advance and in writing by CITY. Section 3.2 Method of Payment CITY agrees to pay CONSULTANT $15,000 upon execution of this Agreement and make payments to CONSULTANT based on submittal of periodic invoices. Invoices submitted by CONSULTANT shall be paid within fourteen (14) business days of receipt by CITY. Section 3.3 Costs The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.4 Auditing CITY reserves the right to periodically audit all charges made by CONSULTANT to CITY for services under this Agreement. Upon request, CONSULTANT agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONSULTANT agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONSULTANT agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONSULTANT further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. 3 ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONSULTANT shall not discriminate in the employment of its employees or in the engagement of any sub CONSULTANT on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Compliance In performing services under this Agreement, CONSULTANT shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Section 4.3 Indemnification and Responsibility for Damage CONSULTANT to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONSULTANT, any subCONSULTANT employed directly by CONSULTANT, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification, CONSULTANT shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. Section 4.4 No Personal Liability Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. 4 Section 4.5 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Requirements for CONSULTANT CONSULTANT shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit B attached hereto and incorporated by this reference. Section 4.7 Successors and Assigns CITY and CONSULTANT each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others. CONSULTANT shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Steve Schwabauer To CONSULTANT: National Demographic Corporation P. O. Box 5271 Glendale, CA 91221 Section 4.9 Cooperation of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. Section 4.10 CONSULTANT is Not an Employee of CITY CONSULTANT agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent CONSULTANT for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment 5 of the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONSULTANT meet specific standards without regard to the manner and means of accomplishment thereof. Section 4.11 Termination CITY may terminate this Agreement, with or without cause, by giving CONSULTANT at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONSULTANT shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONSULTANT shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONSULTANT with third parties in reliance upon this Agreement. Section 4.12 Confidentiality CONSULTANT agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONSULTANT and clearly marked by CONSULTANT as "Confidential" or "Proprietary", except to the extent otherwise required by law or permitted in writing by CONSULTANT. CONSULTANT acknowledges that CITY is subject to the California Public Records Act. Section 4.13 Applicable Law* Jurisdiction, Severability, and Attorney's Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County Superior Court. 6 Section 4.14 Captions The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Section 4.15 Integration and Modification This Agreement represents the entire understanding of CITY and CONSULTANT 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 not be modified or altered except in writing, signed by both parties. Section 4.16 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.17 Severability The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.18 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONSULTANT shall allow CITY to inspect all such documents during CONSULTANT's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONSULTANT to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONSULTANT harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. Section 4.19 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement as of the date first above written. CITY OF LODI, a municipal corporation ATTEST: JENNIFER M. FERRAIOLO STEPHEN SCHWABAUER City Clerk City Manager APPROVED AS TO FORM: NATIONAL DEMOGRAPHIC CORPORATION, JANICE D. MAGDICH, City Attorney a California Corporation By: By: Name: DOUGLAS JOHNSON Title: President Attachments: Exhibit A — Scope of Services & Fee Proposal Exhibit B — Insurance Requirements Funding Source: Doc ID: CA:Rev.12.2017 (Business Unit & Account No.) 8 NDC National Demographics Corporation EXHIBIT A Proposal to the City of Lodi for Demographic Services By National Demographics Corporation Douglas Johnson, President November 15, 2017 Phone: (818) 254-1221 P.O. Box 5271 info@NDCresearch.com FAX (818) 254-1221 Glendale, CA 91221 www.NDCresearch.com NDC November 15,;'0-1.31 --ivisrjatice Magdieh; City Attorney City of Lodi 221 West Pine Street Lodi, CA 95240 National Demographics Corporation Dear Ms. Magdich, Thank you for the opportunity to provide this proposal to the City of Lodi. NDC has 38 years of experience districting and redistricting local jurisdictions, together with unmatched experience working with jurisdictions facing California Voting Rights Act (CVRA) concerns. Headquartered in Glendale, and with one of our team members based just down the road from you in Manteca, NDC has worked on CVRA analysis and districting efforts for over 65 cities, 275 school districts, and a variety of other local California jurisdictions, including the cities of Stockton, Modesto, Riverbank, Ceres, and Turlock. We welcome the opportunity to bring the firm's expertise and skills to assist the City. For each project, there are certain required basic elements, and there are several options that the City can include or leave out at its option. NDC carefully tailors each project to the needs and goals of the individual client partner. NDC welcomes the opportunity to work with the City to encourage public participation in the districting process, and NDC offers a number of tools developed specifically for public engagement in this effort. And we offer templates and samples for every step of the project: analysis and staff reports; outreach materials; web pages and even resolution and ordinance templates. The attached proposal consists of a brief introduction; specific proposed project elements and options; timeline and cost information; conclusion; and signature section. NDC looks forward to working with you on this effort. Please call or email if you have any questions, concerns, or requests regarding this proposal. Sincerely, Douglas Johnson President Page 1 I\DC National Demographics Corporation Table of Contents Executive Summary of Proposal 3 About National Demographics Corporation: 4 Brief Company History 4 NDC and the California Voting Rights Act 4 Challenges of Demographic and Election History Analysis and CVRA. 5 NDC's CVRA Analysis Process 6 Potential Next Steps 7 NDC's Districting Process 7 Technical Expertise 7 Public Involvement 7 Minority Group Outreach/Partnerships 8 Openness 8 Media Outreach 8 Local Leadership 8 Impeccable References 8 Proposed Scope of Work 9 Level 1 - database of demographics & elections plus test District maps 9 Task A: Create the demographic database 9 Task B: Elections Database 10 Task C: Test District Map(s) 10 Level II—Racially Polarized Voting Analysis 11 Level III - Creating Districts (if necessary) 11 Basic Districting Project Elements 11 Optional Districting Project Elements 12 Other Potential Project -Related Expenses: 12 Additional Analysis 12 Requested Payment terms• 13 Conclusion 13 Proposal Acceptance 14 Appendix Sample Client List 15 Resume of President Dr. Douglas Johnson 17 Resume of Vice President Dr. Justin Levitt 19 Resume of Senior Consultant Shalice Tilton 21 Page 2 NDC National Demographics Corporation Executive Summary of Proposal Level1: demu.,ri 1,11ic and election history profiles This is a short-term effort to compile the demographics of a jurisdiction, its election history, and to study rather extreme districting test plans looking at (1) whether a majority -minority district is possible, even if it takes racial gerrymandering to get there; and (2) how extreme the lines would need to get to avoid pairing any current officeholder. None of these test maps are proposals that we recommend adopting, and in fact almost all would be illegal to adopt, but they give the jurisdiction a sense of what plaintiffs might want in a map and how `ugly' a map would need to be to avoid pairing current officeholders. About 90% of jurisdictions get enough information from just this step to make the decision whether to move to district elections (or not to), without the time and expense of a polarized voting analysis. Timeline: 2 weeks (can be faster if needed) Cost: $3,250 (not including any in-person meeting fee) Level 2: racially polarized voting analysis (if desired) Starting with two recent Council elections, and then adding additional elections if/as needed for added clarity, NDC would conduct a polarized voting analysis to determine the level of polarized voting present, if any. Timeline: 3 weeks for initial 2 or 3 election(s) (can be faster if needed) Cost: $1,200 per election analyzed (not including any in-person meeting fee) Level 3: drawing election districts (if desired) NDC will provide a variety of services related to the development and refinement of election districts, including public outreach, official consideration, adoption and implementation. Optional elements include an NDC -designed and managed project website; paper- and excel -based "public participation kit"; online redistricting system that allows members of the public to draw and submit redistricting proposals online; and Spanish translation services. Timeline: From one to fourteen months Basic Elements: $19,500 plus per -meeting and any optional project element costs Page 3 NDC National Demographics Corporation About National Demographics Corporation: Brief Company History NDC has served hundreds of local governments over the past 37 years. Founded in 1979, NDC has performed work in all regions of the country, serving clients as varied as the States of Mississippi, Arizona, Florida and Illinois, Clark County Nevada, American Waterworks, California's Franchise Tax Board, the San Diego Unified School District, the Foundation for California, and the Arizona cities of Glendale, Mesa, Peoria, Phoenix, Mesa and Surprise. The company is especially well known for its work in local and state government. Since 2002, NDC has established a reputation as the state's leading demographic expert on the California Voting Rights Act (CVRA), having performed demographic assessments of potential CVRA liability for over 300 jurisdictions. No company has been responsible for addressing the electoral demographic needs of more local governments, as NDC has districted and/or redistricted well over 150 local school districts, cities, water districts, county boards, and other local districts. Nationally recognized as a pioneer in good government districting and redistricting, NDC is especially experienced in working with local jurisdictions in California, Arizona and Nevada. This background gives us unmatched expertise in the issues, questions, and decisions jurisdictions face in any discussion regarding the California and Federal Voting Rights Act and related election system choices. NDC and the California Voting Rights Act NDC has performed analysis of potential demographic liability under the California Voting Rights Act (CVRA) for over 200 jurisdictions in California. For those jurisdictions actually sued under CVRA (none of which were NDC clients prior to the filing of the lawsuit), all but one hired NDC to assist in evaluating their demographics, voting history, legal situation, and options. This includes Madera Unified, Modesto, the City of Madera, Visalia, Compton, the City of Escondido, Palmdale, Santa Clarita Community College District, Glendale Community College District, ABC Unified, and Anaheim. Only Compton Community College faced a lawsuit without the assistance of NDC, as their case was a `friendly' lawsuit where the settlement was pre -arranged with the plaintiffs prior to the filing of the case. No other firm even comes close to NDC's experience with this still -new law, and many of the jurisdictions listed above came to NDC after discovering the demographers they initially hired either did not sufficiently understand California and Federal Voting Rights law and the related demographics to help, or the demographers so badly handled the project that their own demographers' work directly resulted in the jurisdiction being sued. NDC's expertise in both Voting Rights demographics and in the drawing of election districts is widely recognized. NDC's personnel are responsible for numerous books and articles on the subject, and President Douglas Johnson has been a speaker on the CVRA at conferences of the California School Board Association, the California Latino School Board Member Association, the California League of Cities, and other state and national conferences. Page 4 f�n�rn NDC National Demographics Corporation Challenges of Demographic and Election History Analysis and CVRA While the Federal Voting Rights Act enjoys nearly 50 years of legal precedents, California's version both builds on and directly rejects those precedents. Unfortunately, the law itself and the two court decisions issued so far do not clearly define the terms and potential liability involved. The Federal Voting Rights Act requires plaintiffs to show that the "protected class" population in question can form an effective majority of an election district, and to show, through the "totality of circumstances," that racial motivations lie either overtly or covertly behind voting behavior in the jurisdiction. The California law explicitly rejects both of those requirements. Instead the question of liability under California's law lies entirely on the presence of absence of "racially polarized voting." Under Federal law, analysis of polarized voting relies heavily on voting behavior in "homogeneous" voting precincts — precincts where 80 percent or more of the voters are of the same ethnicity. In the southern United States, where housing segregation is common, there are usually many such precincts in a given jurisdiction. In the more diverse neighborhoods of California, however, such precincts are very rare. "Ecological Regression," meaning the statistical analysis of voting patterns and demographics of each precinct in a given jurisdiction, acts as a `backup' analysis tool in a jurisdiction that has lots of homogeneous precincts, and those homogeneous precincts act as statistical controls to ensure the accuracy of the Ecological Regression results. Since California generally lacks those natural statistical controls, the mathematical details of the ecological regression take on a level of importance in California cases that has never been seen or evaluated in any federal precedent. The demographer you select must understand these issues — both in their statistical and legal context — to accurately work with your counsel to assess potential liability and evaluate the options available to the jurisdiction. One key unanswered question: "how big is a voting bloc"? Do 70 protected class need to vote for a given candidate before he or she is considered the "preferred candidate" of that protected class? 80 percent? One plaintiff expert claims that a 51 — 49 percent split among protected class voters is all that is required — meaning if the candidate preferred by 49 percent of protected class voters loses, the jurisdiction is in violation of the law. This is likely absurd, but no court has ruled on the question of how big a voting bloc must be before it qualified. Another unanswered question: who is a "protected class candidate"? The California law set an unprecedented focus on elections where members of a protected class are candidates. But who "counts" as a protected class candidate? In Anaheim, one attorney for the Latino plaintiffs said that a half -Filipino, half -Latino Councilmember who self -described as Latina "didn't count." In the Eastside Elementary School District, the potential plaintiff implied that a School Board trustee with the last name of Johnson but who was 100% Mexican -American (and whose maiden name was "Ortega") did not count because (allegedly) voters did not know she was Latina. In the City of Compton case, plaintiffs said a half -African-American / half -Latina Councilmember `did not count' because they said she did not receive enough support from Latino voters. These questions have been raised in the CVRA cases filed or threatened so far, but remain unanswered. Page 5 NDC National Demographics Corporation Another unanswered question: how reliable do the Ecological Regression results need to be before the Court will take action based on them? The statistical tools used generate a number of measures of accuracy and relevance. These questions were raised in the Palmdale case but not addressed in the Court's ruling. One common failing of potential plaintiff and jurisdiction demographers is to focus on the "point estimate" generated by the Ecological Regression. It is simple to take that number and be able to say "X percent of Latino voters supported candidate Y." But the mathematics say something different: NDC has often seen situations where the margin of error on those point estimates has been greater than the point estimate itself, such as "25 percent of Latino voters supported candidate Y, with a 95% confidence interval of 0 to 50 percent." Only demographers experienced in Voting Rights -related analysis and litigation can appropriately advise your counsel and the District on how to interpret all of these factors when evaluating their options. NDC is the demographic firm you need to get the best possible evaluation of potential liability under this extremely unclear law. NDC's CVRA Analysis Process A polarized voting analysis can involve a quick review of a jurisdiction's most recent election or elections, or an in-depth review of every possible local, county, and statewide candidate and ballot measure election for the previous ten years. Under the CVRA, elections for the jurisdiction's own elected body carry the most weight, so NDC recommends that jurisdictions interested in a polarized voting analysis look at just one or two of their own elections to get an initial feel for the findings. If the results are unclear (which they are with some frequency, given the imprecise nature of the statistical methods and relatively small datasets often involved), or if the jurisdiction simply wishes to investigate more after hearing the initial report, NDC welcomes the chance to work with the jurisdiction to analyze as many elections as needed. This step by step approach provides the in-depth analysis the client needs to make its decision, while only incurring the minimal costs required to complete the project. Voting Rights Act vulnerability analysis references (specific jurisdiction names withheld as these studies are done within the attorney-client privilege): • Ms. Youstina Aziz, Mr. Kit Bobko, Mr. Steven Dorsey, and/or Mr. Craig Steele of Richards, Watson and Gershon, 355 South Grand Avenue, 40th Floor, Los Angeles, California 90071, (213) 626-8484. • Mr. Michael E. Smith of Lozano Smith, 7404 North Spalding Ave., Fresno, CA 93720, (559)431-5600, MSmith@lozanosmith.com. • Ms. Marguerite Leoni, of Nielsen, Merksamer, Parrinello, Gross & Leoni, 2350 Kerner Boulevard, Suite 250, San Rafael, CA 94901, (415)634-6840, mleoni@nmgovlaw.com (or ask for Mr. Chris Skinnell) • Mr. John Ramirez, Rutan and Tucker, 611 Anton Boulevard, Suite 1400, Costa Mesa, CA 92626-1931, (714) 641-5100, jramirez@rutan.com (if not available, ask for Mr. Alan Fenstermacher) • Mr. Warrant Kinsler, Atkinson, Andelson, Loya, Ruud & Romo, 12800 Center Court Drive, Suite 300, Cerritos, CA 90703, (562) 653-3424, WKinsler@aalrr.com (or ask for David Soldani or Tiffany Tran). Page 6 NDC National Demographics Corporation Potential Next Steps After receiving and considering the demographic analysis and consulting with its counsel, each jurisdiction faces three options: 1. Do nothing; 2. Prepare to make the change to by -district -area elections quickly if there is public pressure to do so or if a legal demand letter arrives (to minimize legal and financial exposure, without pre-emptively acting immediately); 3. Proactively change to by -district -area elections to enter the CVRA "safe harbor" and avoid any potential legal liability under the CVRA. If the jurisdiction decides to move to the CVRA "safe harbor" of by -district elections, NDC is also the state's leading firm in the field of drawing and transitioning to by -district elections. NDC has successfully guided over 150 clients moving from at -large to by -district and from - district election systems, re -drawing existing districts, and in moving back from by -district to at -large systems. No other firm can match NDC's extensive experience in this field. NDC's Districting Process The following information is provided for information and for use if a jurisdiction decides to move to by -district elections. If the client decides not to move to by -district elections, the work would end with the demographic analysis described above. Technical Expertise NDC's personnel are nationally recognized as leaders in the districting field, and are responsible for numerous books and articles on the subject. NDC possesses all the hardware and software necessary to the districting and redistricting needs of any jurisdiction, and its personnel have extensive experience in performing graphics districting and redistricting work as well as in developing databases for districting use. The technical demands of a districting effort are high, and NDC is the undisputed leader in this area. But far more important than technical expertise are the interpersonal understanding and experience working with all parties in the process, including the public. Public Involvement NDC pioneered the "transparent districting" approach which involves the public at every stage of the process. The company invented the "public participation kit" for public participation in districting efforts, which many of the firm's competitors now attempt to duplicate. Perhaps NDC's most valuable service is the firm's experience transforming often - contentious and passionate debates on this difficult subject into thoughtful, constructive discussions focused on the options and outcomes rather than individual personalities or positions. NDC also has considerable experience working with translators in public forums and providing materials in English and Spanish. Page 7 NDC National Demographics Corporation Minority Group Outreach/Partnerships U.S. Supreme Court decisions are constantly changing the rules regarding districting, "race - based districting," and the establishment of districts focused on the electoral power of "protected classes." It is crucial that the consultant work with the racial, ethnic, and other community groups at the beginning of the process to welcome their ideas and develop the appropriate expectations regarding minority representation prospects. No NDC local districting or redistricting plans has ever been challenged in Court or by the Department of Justice. Openness Any change in election systems can have momentous implications for the distribution of political power in a jurisdiction and for access by groups and individuals to the governance process. Not surprisingly, such changes often attract much public attention, sometimes generate intense controversy, and may draw charges of manipulation and abuse of power. Indeed, disputes over the form and substance of the process may often result in stalemate or legal challenge. It is crucial, therefore, that the jurisdiction establish, at the beginning, a process that is not only fair, but that is seen to be fair, to all contending groups and individuals. Media Outreach The firm's work has been widely praised in the media, and NDC has worked extensively on background, off the record, and on the record with all types of press including radio, television, newspaper, and new media. Local Leadership NDC views its role as an advisor and technical resource. The firm advises its clients, but every project remains the client's project. NDC offers guidance based on its experience and expertise, but ultimately the decisions are made by the jurisdiction itself. NDC welcomes the chance to assist this project under the guidance and direction of the jurisdiction's elected leadership, key staff members, and the entire community. Impeccable References All of NDC's former clients — without exception — can be contacted for references. The firm has no embarrassing projects. All NDC's local districting and redistricting plans have been accepted into law with a minimum of controversy. Mr. Rick Haydon, City Manager, City of Santa Maria, 110 E. Cook Street, Santa Maria, CA 93454-5190. Phone: (805) 925-0951 ext. 2200. Email: rhaydon@cityofsantamaria.org Ms. Pam Abel, Superintendent, Modesto City Schools, 426 Locust Street, Modesto, CA 95351-2631. Phone: (209) 574-1616. Email: able.p@mcs4kids.com Mr. Darrell Talbert, City Manager, City of Corona, 400 S Vicentia Avenue, Corona, CA 92882-2187. Phone: 951.279.3670. Email: Darrell.Talbert@ci.corona.ca.us Page 8 NDC National Demographics Corporation Mr. Steve Carrigan, City Manager, City of Merced, 678 West 18th Street, Merced, CA 95340. Phone: 209- 385-6834 Email: citymanager@cityofmerced.org Mr. Devin Reif, Strategic Planning, City of Oakland, 250 Frank H. Ogawa Plaza, Suite 3315, Oakland, CA 94612. Phone: 510-238-3550 Email: DReiff@oaklandnet.com Mr. David Silberman, Deputy County Counsel, San Mateo County, 400 County Center, 6th Floor, Redwood City, CA 94063. Phone: 650-363-4749 Email: dsilberman@smcgov.org Judge Hugh Rose (retired), Chairman, City of Modesto Districting Commission. 508 King Richard Lane, Modesto, CA 95350. Phone (209) 522-0719. Email: hhrose@hotmail.com. Ms. Lucinda Aja. City Clerk, City of Buckeye, Arizona. 100 N Apache Rd, Suite A, Buckeye, AZ 85326. Phone (623) 349-6007. Fax (623) 349-6098. Email: laja@buckeyeaz.gov. Proposed Scope of Work Each level of work is a discrete and separate part of this proposal. As each level is complete, NDC will consult with the client on the decision whether to proceed with the next level, skip to a later stage o review, or to decide the review is complete. NDC will only proceed from one level to the next on direction from the client. The client can end the project after any level is complete, or the client can choose to skip levels as it wishes. Level 1- database of demographics & elections plus test District maps Task A: Create the demographic database This database will include 2010 Census data on total population and voting age population counts by race and ethnicity; California Statewide Database data on 2010 voter registration and turnout by Spanish- and Asian -American surnames; either Statewide Database, or, if that is not available in time, County Registrar current voter registration turnout records processed by NDC to identify Spanish- and Asian -American surnames; American Community Survey data on Citizens of Voting Age by race and ethnicity (also known as "eligible voters") from the latest Census Bureau reports (five-year data from 2009-2013). In 2011, jurisdictions and demographers could get Citizen Voting Age data (also referred to as "eligible voter" data), broken down by race and ethnicity, from the California Statewide Database (assuming the jurisdiction or its consultant necessary software and expertise). The challenge today is that the Statewide Database data, posted in 2011, were processed using the 2005-2009 data from the American Community Survey. The Statewide Database data is now significantly out of date: the Census Bureau has released two annual updates to the data, and those updates included what the Census Bureau calls a "re -balancing" of the data using statistical controls from the 2010 Census, instead of the 2000 Census statistical controls used for the 2005-2009 data. NDC's research has found that the new data is more significantly more accurate thanks both to being more up to date and to the greatly increased accuracy of the updated statistical controls. The Statewide Database has no known plans to update its American Community Survey data on Citizens of Voting Age by race and ethnicity (used by Page 9 NDC National Demographics Corporation the 9th Circuit Federal Courts as the best count of "eligible voters") until the 2021 redistricting cycle. Task B: Elections Database Task: NDC will compile a list of 2001 - 2015 election results for all Council elections; for elections for overlapping school, county and state elections that involved "protected class" candidates; and for measures placed on the ballot by the City. NDC will work with the City to identify/confirm the ethnicity of the various candidates in these elections. Task C: Test District Map(s) Task: NDC will analyze whether it is possible to draw one or more majority -minority districts based on each of the following demographic databases: • 2012 and 2014 general election voter turnout by surname (or 2016, once it is available) • 2012 and 2014 general election voter registration by surname (or 2016, once it is available) • Citizen Voting Age Population (2011-2015 Department of Justice Special Tabulation) ▪ Citizen Voting Age Population (2011-2015 American Community Survey) • Voting Age Population (2010 Census) • Total Population (2010 Census) Level 1 Deliverables: • Spreadsheet of District demographics in electronic and PDF format (NDC) • Table listing elections, candidates, candidate ethnicity, and total votes (count and percentage) for each election collected. The table will be accompanied by a summary of which "protected class" candidates ran and whether they won or lost each election. The client will receive the report in PDF format. • Demographic data on test district(s) and PDF map of test districts. Level 1 Timeline: Typically three weeks, but can be done faster if necessary. Cost: $3,250 for the analysis and report and web- or phone -conference call(s) to discuss. NDC is happy to attend any desired meetings/discussions in person, but that costs $2,000 for each day of in-person meeting(s). Next Steps: At the completion of the Level I, the client can decide whether or not to proceed with Level II, to jump to a later project level, or to consider the project complete. NDC will not proceed with any additional work beyond Level I without written direction from the client. Page 10 NDC National Demographics Corporation Level II—Racially Polarized Voting Analysis Task: Analysis of potential racially polarized voting patterns in key local and statewide elections. This includes: • An initial analysis of the City's two most recent Council elections; • Potential analysis of additional city, school, county, and statewide elections involving `protected class' candidates and/or related issues; • Homogeneous precinct analysis of election results, if there are any homogeneous precincts in the City; • Ecological Regression analysis of election results. Deliverables: List of the elections analyzed, scattergram of election data, and tables of regression and homogeneous precinct analysis data. Cost: For the analysis and report and web- or phone -conference call(s) to discuss: $1,200 per election analyzed (most often only two are analyzed, but the number can increase significantly depending on the client's interest and the level of precision of the statistical analysis possible in the client jurisdiction). NDC is happy to attend any desired meetings/ discussions in person, but that costs $2,000 for each day of in-person meeting(s). Timeline: three weeks (but can be done faster if necessary). Next Steps: At the completion of the Level II work, the client can decide whether or not to proceed with Level III, to jump to a later project level, or to consider the project complete. NDC will not proceed with any additional work beyond Level II without written direction from the client. Level III - Creating Districts (if necessary) To provide the flexibility to meet the needs of the client if it decides to move to by -district - area elections, NDC offers a full menu of options: Basic Districting Project Elements Includes all of the services listed below: $19,500 • Project Setup and coordination: o Development of redistricting database including Census and California Statewide Database data; o Incorporation of any Geographic Information System (GIS) data that the District wishes to include and provides (often including school locations; school attendance areas; important local landmarks; or local neighborhood boundaries); o Initial discussion with key staff and/or Council members about demographics, communities of interest, schedule and criteria; o Any phone- or web -conference calls to discussion the project's progress or answer any Council, staff or media questions that may arise; Page 11 NDC National Demographics Corporation • Plan Development: o Creating of 2 to 4 initial draft maps for Council and public consideration; o Analysis and preparation for Council consideration of all whole or partial plans submitted by the public; o Conversion of all maps and reports to web -friendly versions for online posting; o Online posting of all maps to an interactive website for detailed review; o Any requested additional maps and/or map revisions requested; • Plan Presentation: o Presentations at Council meetings and/or public forums by phone- or web - conference (or in person for the "in person presentation" fee listed under "optional elements" below); • Work with the County Registrar of Voters to implement the final adopted plan. Optional Districting Project Elements Selected at the client's discretion: • In-person presentation at additional Council meetings, facilitation of public forum(s), and/or any other requested meetings; $2,000 • Preparation and processing of paper, PDF and Excel -based "public participation kits" (paper kits that allow the public to draw and submit their own plans). $4,000 • Creation, hosting, and updating of an NDC --managed project information website (if the client does not wish to manage a project website as part of its existing website). - $4,500 • Hosting, managing and processing submitted plans for an online interactive system that allows public to draw and submit proposed districting plans through a standard web browser $13,500 • Spanish translation of project -related materials $125 per page Stated prices include all travel, printing (except public participation kits and any large -plot maps), and other anticipated expenses. Timeline: Level III (Creating Districts) timeline will be established in consultation with the client. This Level ideally has three to nine months available, but can be done faster when necessary. Other Potential Project -Related Expenses: The only anticipated additional districting expenses would be any site or staff costs for conducting the community forums; and the cost of printing or copying paper copies of the "Public Participation Kit." In NDC's experience, most public participants will download and print the Kits in their own homes or offices. Additional Analysis NDC is happy to assist with any additional analysis that the client requests at our standard hourly rates: Page 12 NDC National Demographics Corporation Principal (Dr. Douglas Johnson) $200 per hour Vice President (Justin Levitt) $125 per hour Senior Analyst $75 per hour Analyst / Clerical $50 per hour Dr. Johnson is also available for deposition and/or testimony work if needed, at $250 per hour. If the City decides to move to by -district elections, NDC is of course willing and able to assist with that process as well. Requested Payment terms: NDC requests that one-half payment be made at project start and one-half at the conclusion. Conclusion Since its founding NDC has been the preeminent company in the nation devoted to local election systems. To summarize: • NDC, founded in 1979, has a demonstrated record of financial solvency. • NDC's hardware and software resources were specially designed and acquired for election -related demographic analysis. • NDC's highly respected personnel have impeccable credentials in each aspect of the districting and redistricting processes. • NDC's suggested approach has been tested in many jurisdictions. • Any NDC client can be contacted for testimonials and reference. • NDC has more experience in the field of municipal election demographics than any other company. • NDC has demonstrated experience over many years in working with the press and media on local election system issues. • NDC possesses fully up-to-date and highly effective geographic retrieval systems with applications specifically designed for election -related demographic analysis. It should be clear that NDC has all of the resources of experience, technical expertise, and legal/political know-how to assist the City in its current effort. NDC looks forward to the opportunity to work with the City on this project. Page 13 NDC National Demographics Corporation Proposal Acceptance The terms of this proposal are available for 45 calendar days from its delivery to you. In most situations, NDC is open to extending that period of time to meet any particular needs of your jurisdiction. NDC prides ourselves on tailoring each project to the needs and goals of each individual client. NDC is open to any feedback, concerns, requests, or changes regarding this proposal. If, however, it is acceptable in its current form, then NDC welcomes the opportunity to begin work as soon as possible. If your jurisdiction has specific contract and/or letter of agreement language you prefer to use, please provide it and ignore the signature block below. If you prefer, simply sign two copies of this proposal in the signature block below and return them to NDC. Once signed by NDC, one copy will be returned to you. Thank you. ational Demographics Corporation For the City of Lodi Douglas Johnson, President Date Page 14 Date NDC National Demographics Corporation Clients moved or moving from at -large to by -district elections Counties San Mateo Cities Apple Valley Anaheim Banning Bellflower Buckeye Buena Park Ceres Chino Compton Corona Eastvale El Cajon Escondido Firebaugh Fowler Fullerton Community College Districts Antelope Valley Cuesta Glendale Grossmont-Cuyamaca MiraCosta Glendale (AZ) Hemet Hesperia Highland King City Los Banos Madera Menifee Merced Mesa (AZ) Modesto Moreno Valley Palmdale Parlier Pasadena Peoria (AZ) Water, Irrigation & Conservation Districts Fresno Irrigation Imperial Irrigation District Mojave Water Agency Palmdale Water Rowland Water Other Sp cial Districts Jurupa Community Service District Kings River Conservation District School Districts Alpine Union Alpine Union Elementary Alta Vista Bakersfield City Schools Bonsai]. Union Elementary Borrego Springs Unified Buena Park Elementary Rancho Cucamonga Redlands Reedley Riverbank San Marcos Sanger Santa Barbara Surprise Tulare Turlock Victorville Visalia Whittier Wildomar Yucaipa Rancho Santiago San Diego Santa Clarita Sierra Southwestern Alta Irrigation San Bernardino Water Santa Clara Valley Water Upper San Gabriel Valley Western Municipal Water Winton Water Tulare Health Care District Westside Community Health Care District Burton Elementary Cajon Valley Union Cajon Valley Union Elementary Calistoga Joint Unified Capistrano Unified Capistrano Unified School District Cardiff Elementary Carlsbad Unified Caruthers Cayucas Centinela Valley Central Unified Centralia Elementary Chula Vista Elementary NDC National Demographics Corporation Clients moved or moving from at -large to by -district elections Clay Elementary Clovis Unified Coalinga -Huron Coronado Unified Dehesa Elementary Del Mar Union Elementary Dinuba Unified Eastern Sierra Unified Eastside Union Elementary Encinitas Union Elementary Escalon Unified Escondido Union Elementary Escondido Union High Exeter Elementary Exeter High Exeter Unified Fallbrook Union Elementary Fallbrook Union High Firebaugh-Las Deltas Unified Fresno Unified Fullerton Union High Glendale Unified Greenfield Grossmont Union High Hughson Unified Jamul-Dulzura Union Elementary Julian Union Elementary Julian Union High Kerman Unified Kern High Keyes Union Kings Canyon Unified School District Kings River Kingsburg Elementary Kingsburg High La Mesa -Spring Valley Lake Elsinore Lakeside Union Elementary Lakeside Union School Lancaster Elementary Lawndale Elementary Lemon Grove Elementary Lindsay Unified Lucia Mar Madera Unified Magnolia Elementary Merced Union High School District Modesto City Schools Modoc Unified Monson Soltana Morgan Hill Unified Mountain Empire Unified Napa Valley Unified National Elementary Newhall Elementary Newman Crows Landing Oak Grove Elementary School District Oceanside Unified Pacific Union Panama Buena Vista Pasadena Unified Pixley Union Pleasant View Pomona Unified Porterville Poway Unified Ramona Unified Rancho Santa Fe Elementary Richland School District Riverbank Riverdale Unified Salida Union San Dieguito Union High San Marcos Unified San Pasqual Union Elementary San Ysidro Elementary Santee Elementary Selma Unified Solana Beach Elementary South Bay Union Spencer Valley Elementary Strathmore Elementary Sundale Union Elementary Sweetwater Union High Tulare City Elementary Tulare City High Tulelake Turlock Unified Twin Rivers Unified Vallecitos Elementary Valley Center Pauma Unified Visalia Unified Vista Unified Walnut Valley Water Warner Unified Washington Union Waterford Union Whittier Union High Woodlake Union Douglas Mark Johnson P.O. Box 5271 mobile: (310) 200-2058 Glendale, CA 91221 office: (909) 624-1442 djohnson@NDCresearch.com fax: (818) 254-1221 Employment President, National Demographics Corporation, 2006 — present. Senior Analyst, National Demographics Corporation, 2001 — 2006. Fellow, Rose Institute of State and Local Government, 2001 — present. Project Manager and Senior Manager at three internet startup companies, 1999 - 2001. U.S. Representative Stephen Horn, Legislative Director and System Manager. 1993 — 1997. Coro Foundation, Fellowship in Public Affairs. 1992 — 1993. Rose Institute for State and Local Government, Student Manager. 1989 — 1992. Education Claremont Graduate University, Ph.D. in Political Science, 2015. Dissertation: "Independent Redistricting Commissions: Hopes and Lessons Learned." UCLA Anderson Graduate School of Management, MBA, 1999. Claremont McKenna College, BA in Government (Political Science), 1992. Academic Honors Graduated Cum Laude from Claremont McKenna College. Phi Beta Kappa. Philip Roland Prize for Excellence in Public Policy. Publications and Articles Christian Science Monitor "Let the public help draw voting districts," October 25, 2013. New York Times, "The Case for Open Primaries," February 19, 2009. Los Angeles Times Opinion Articles: "A neighbor's help on redistricting" June 24, 2007. "A Trojan horse primary for the GOP" February 25, 2007. "Where a porn palace stood" (article on redevelopment), July 30, 2006. Fresno Bee Opinion Article: "The Poison Handshake" June 15, 2004. Redistricting in America. Rose Institute of State and Local Government, 2010. Restoring the Competitive Edge: California's Need for Redistricting Reform -aid the Likely Impact of Proposition 77. Rose Institute of State and Local Government, 2005. "Competitive Districts in California" Rose Institute of State and Local Government, 2005. Latinos and Redistricting: "Californias For Fair Representation" and California Redistricting in the 1980s. Rose Institute of State and Local Government, 1991. Speaker or Panelist California School Board Association Annual Education Conference panelist: "The California Voting Rights Act: What Board Members Must Know." December 4, 2015. Associated Cities of California — Orange County, Keynote Speaker, Newly Elected Officials' Reception and Dinner, "The California Voting Rights Act," January 29, 2015. California League of Cities, City Manager Department, 2015 Department Meeting: "Opportunity to Engage Residents: The California Voting Rights Act." January 29, 2015. California League of Cities, City Clerk Department, 2014 Annual Meeting: "Whose Line Is It Anyway: Making the transition from at -large to by -district elections." September 3, 2014. National Conference of State Legislatures, Redistricting and Elections Standing Committee: 2007 Spring Forum, "The Arizona Independent Redistricting Commissions' experiences with the first-ever independent redistricting." National Conference of State Legislatures, Redistricting and Elections Standing Committee: 2008 Spring Forum, "Communities of Interest In Redistricting: A Practical Guide." Douglas Mark Johnson National Conference of State Legislatures, Redistricting and Elections Standing Committee: 2009 Fall Forum, "The Key to Successful Redistricting." National Conference of State Legislatures, Redistricting and Elections Standing Committee: 2010 Spring Forum, "Communities of Interest in Redistricting: A key to drawing 2011 plans (and for their defense)." National Conference of State Legislatures, Redistricting and Elections Standing Committee: 2011 Winter Forum, "Citizen Voting Age Data from a line -drawer's viewpoint." Luncheon Keynote Speaker, Santa Barbara's Channel Cities Club, "California's next experiment independent, public redistricting," January 18, 2011. Annual Confere.ire, Arizona League of Cities and Towns, Presenter at "Redistricting Law and the Voting Rights Act: What It Means for Your City or Town in 2011," August 25, 2010. Redistricting, The 2010 Census, and Your Budget, Sponsored by the Rose Institute of State and Local Government, California League of Cities, October 15, 2009. Arizona Election Law 2010 Continuing Legal Education Conference, "Communities of interest and technology in redistricting," sponsored by the Arizona State Bar Association, March 2010 California's New Independent Redistricting Commission, sponsored by the Irvine Foundation and the California Redistricting Collaborative, December 15, 2009 Tribal Association of Sovereign Indian Nations (TASIN) Legislative Day 2009, "The 2010 Census and 2011 Redistricting in California," December 2, 2009. California School Board Association, "Litigation Issues and the California Voting Rights Act," December 4, 2009. California Latino School Boards Association, "Introduction to the California Voting Rights Act," August 20, 2009. Building a National Reform Movement, Salt Lake City, Utah, 2006, conference on redistricting reform hosted by the League of Women Voters, Campaign Legal Center, and The Council for Excellence in Government T xas Tech University, "A Symposium on Redistricting," May, 2006 California League of Cities, "Introduction to the California Voting Rights Act." Voices of Reform, a project of the Commonwealth Club of San Francisco: multiple forums on redistricting and / or term limits,2006 — 2007 Classroom speaker at Pepperdine University, the University of La Verne, Pomona College and Claremont McKenna College Justin Mark Levitt P.O. Box 5271 Glendale, CA 91221 jlevitt@NDCresearch.com mobile: (480) 390-7480 office: (818) 254-1221 fax: (818) 254-1221 Employment Vice -President, National Demographics Corporation, 2012 — present. Senior Analyst, National Demographics Corporation, 2003 — 2011. Instructor in Political Science, University of California, San Diego, 2012 — present. Graduate Research Fellow, Center for US -Mexico Studies, 2010 — present. Graduate Research Fellow, University of California, San Diego, 2008 — 2010 and 2013 — 2014. Jesse M. Unruh California Assembly Fellow. 2006 — 2007. Rose Institute for State and Local Government, Student Manager. 2005 — 2006. Education University of California, San Diego, Ph.D. Political Science, 2016. Dissertation title: "The Impact of Geographic Patterns on Tradeoffs in Redistricting." Claremont McKenna College, BA in Philosophy, Politics and Economics (PPE), 2006. Academic Honors California Studies Fellow, University of California, San Diego, 2007 — 2009 Graduated Cum Laude from Claremont McKenna College. Publications and Conference Presentations Settle, Jamie, Robert Bond, and Justin Levitt. 2011. "The Social Origins of Adult Political Behavior." American Politics Research: 39 (2). 239-263 Miller, Kenneth and Justin Levitt. 2007. "The San Joaquin Valley." In The New Political Geography of California. Eds. Frederick Douzet, Thad Kousser, and Kenneth Miller. Berkeley: Institute of Government Studies. "The Political Geography of Tradeoffs in Redistricting" Paper presented at the State Politics and Policy Conference, Iowa City, IA, 2013 Getting What You Want.: A Bargaining Approach to Fair Division in Redistricting Paper presented at the "Challenging Urban Borders : the geopolitics of immigration and segregation" workshop, Berkeley, CA, 2013 and the State Politics and Policy Conference, Houston, TX, 2012 "An Atlas of Public Health in Mexico" (with Alberto Diaz Cayeros). Paper presented at the Hewlett Foundation Conference on Public Health, Mexico City, DF. 2012 "Remoteness and the Territoriality of Public Health" (with Alberto Diaz Cayeros). Paper presented at the American Political Science Association conference, Seattle, WA. 2011 "Initiatives as revealed preferences" Paper presented at the American Political Science Association conference, Seattle, WA. 2011 'No Se Puede: Latino PolitiralIncorporation in Phoenix.". Paper Presented at the New Political Geography of California conference, Berkeley, CA., 2009 Justin Mark Levitt `Political Change in the Central Valley': Paper Presented at the Western Political Science Association conference, Las Vegas, NV.,2007 Working Papers Hill, Seth, Thad Kousser, Alex Hughes, and Justin Levitt. ND. "How Competitiveness Shapes Infrequent Primary Voters Response to Receiving a GOTV Mailer." Diaz-Cayeros, Alberto and Justin Levitt. ND. "Remoteness and the Territoriality of Public Health." Levitt, Justin. ND. "Getting What You Want: A Bargaining Approach to Fair Division in Commission - led Redistricting." Teaching Experience California State University, Long Beach, Department of Political Science Adjunct Professor—POSC 327 (Urban Politics) Spring 2016 -Present Adjunct Professor—POSC 229 (Cases in Policy Analysis) Present Adjunct Professor—POSC 412 (Law and Social Change) Spring 2016 -Present Present Adjunct Professor—POSC 399 (California Politics Short Course) University of California, San Diego, Department of Political Science Co-Instructor—UPS 170 (Regional Governance Reconsidered) Instructor—Poli 100A (The Presidency) Instructor—Poli 160AA (Introduction to Public Policy Analysis) Instructor—Poli 10 (Introduction to American Politics) Spring 2015 Fall 2014 Fall 2013 Summer 2013 Shalice M. Tilton, M.M.C. mobile: (714) 308-0726 stilton@NDCresearch.com office: (818) 254-1221 Employment Senior Consultant, National Demographics Corporation, 2017 — present. City Clerk, Department Director, Executive Manager, City of Buena Park, CA, 1998 — 2017 Deputy City Clerk, Division Manager, City of Buena Park, CA, 1994 —1997 Education Master of Public Administration, National University Bachelor of Science, Business Administration, Grand Canyon University Master Municipal Clerk, International Institute of Municipal Clerks Certified Municipal Clerk, International Institute of Municipal Clerks Professional Affiliations International Institute of Municipal Clerks League of California Cities, City Clerks Department City Clerks Association of California Southern California City Clerks Association Buena Park Area Business Council Historical Society of Buena Park External Highlights Contributor, 2014 League of California Cities Western Cities publication, "The Balanced Triangle and the City Clerk's Role in Local Government." Adjunct Professor, 2014-17 UC Irvine Extension and Association of California Cities — Public Policy Making Academy "Public Governance — City Government." Guest Speaker, 2012 Association of California Cities Orange County, Government Leadership Summit, "Navigating Public Policy" Guest Speaker, 2008 League of California Cities New Law and Election Seminar, "The Rewards of Being a Fearless City Clerk" Co -Author, "International Institute of Municipal Clerks Code of Ethics Rules of Procedure," adopted by IIMC, July 2008 Guest Speaker, 2008 League of California Cities Mayor and City Council Executive Forum, "Technology and Electronic Media and the Public Records Act" Educator and Trainer, 2007-2008 Master Municipal Clerk Academy of the International Institute of Municipal Clerks, "Understanding the Complex Legalities of the Clerk Domain" Editor/Contributor, 2008 League of California Cities publication, "The People's Business: A Guide to the California Public Records Act" 2007 Integrity of Profession Award, Soroptimist International of Buena Park. "Shalice Tilton Day," September 12, 2006, Buena Park City Council Proclamation 2003 President's Award, "Paying it Forward to Youth," City Clerks Association of California 2002 President's Ensemble Award, City Clerks Association of California Founder, Program Chair, and Trainer, City Clerks Association of California, "Nuts & Bolts" Education Institute (100+ participants annually), 1997-2004 Mentor for Continuing Education for Public Officials, provided educational and professional guidance to entry-level City Clerks, 2002-2004 Guest Speaker, 2003 League of California Cities New Law and Election Seminar, "The Art of Preparing Minutes and Crafting Agenda Reports" Nominated, 1999 International Institute of Municipal Clerks Technology Award of Excellence Guest Speaker, City Clerks Association of California 1998 Annual Conference, "Charting Your Course - The Role, Responsibilities, and Dudes of the City Clerk" Guest Speaker, Government, Business & Education Tech Expo '97, "Records Management" EXHIBIT B NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City's online insurance program requesting you to forward the email to your insurance provider(s). Please see attached flyer regarding PINS Advantage. Jnsurance Re_[t.uiremints for Contractor The Contractor shall take out and maintain during the life of this Agreement, insurance coverage as listed below. These insurance policies shall protect Contractor and any subcontractor performing work covered by this Agreement from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from Contractor's operations under this Agreement, whether such operations be by Contractor, or by any subcontractor, or by anyone directly or indirectly employed by either of them. In the event Contractor's insurance cannot fully cover any hired subconsultants, the terms of insurance herein shall be requirements for the subconsultant. The amount of such insurance shall be as follows: 1. COMPREHENSIVE GENERAL LIABILITY $1,000,000 Each Occurrence $3,000,000 General Aggregate 2. COMPREHENSIVE AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit Such insurance shall cover liability arising out of any vehicle (including, owned, hired and non -hired vehicles) operated in performing any and all services pursuant to this Agreement. Coverage shall be written on ISO form CA 00 01 12 90, or a later version, that provides liability coverage at least as broad as this form. 3. PROFESSIONAL LIABILITY / ERRORS AND OMISSIONS $1,000,000 Each Claim/Aggregate When project specific insurance is required, all limits are to be designated strictly for the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. All deductibles or self-insured retentions (SIR) must be disclosed to City's Risk Manager for approval and shall not reduce the limits of liability set forth hereinabove. Insurance policies containing any deductible or SIR provision shall provide, or be endorsed to provide, that the deductible or SIR may be satisfied by either the Named Insured(s) or the City of Lodi. It is required that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth above, shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (i) the minimum coverage and limits specified in these insurance requirements; or (ii) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the Contractor; whichever is greater. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). A copy of the certificate(s) of insurance with the following endorsements shall be furnished to the City: (a) Additional Named Insured Endorsement Pursuant to a separate endorsement (ISO form CG 2010 (11/85) or a later version, that provides commercial general liability coverage at least as broad as this form) such insurance as is afforded by this policy shall also apply to the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers as additional named insureds. An additional named insured endorsement is also required for Auto Liability. (b) Primary and Non -Contributory Insurance Endorsement Additional insurance coverage under the Contractor's commercial general liability and automobile liability policy shall be "primary and non-contributory" and will not seek contribution from City's insurance or self-insurance and shall be at least as broad as ISO form CG 20 01 04 13. NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of the proiect that it is insuring. Page 1 of 2 pages Risk: rev.08.28.2017 Insurancg Reauiremgits for Contractor (continued) (c) Waiver of Subrogation Include a waiver of subrogation against the City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers. A waiver is required for General Liability and Auto Liability. (d) Limits of Coverage The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance of Contractor shall contain, or be endorsed to contain, a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect the City as a named insured. (e) Severability of Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies. (f) (g) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. (h) Failure to Comply If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. (i) qualified Insurers) All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. Workers Comwnsation Insuragce The Contractor shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all of Contractor's employees employed at the site of the project and, if any work is sublet, Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employees engaged in hazardous work under this Agreement at the site of the project is not protected under the Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide insurance for the protection of said employees. A waiver of subrogation is required for workers compensation insurance. This policy may not be canceled nor the coverage reduced without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. NOTE: The City reserves the right to obtain a full certified copy of any insurance policy or endorsements required. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. Page 2 1 of 2 pages Risk: rev.08.28.2017 RESOLUTION NO. 2017-224 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH NATIONAL DEMOGRAPHIC CORPORATION, OF GLENDALE, FOR DEMOGRAPHIC SERVICES REGARDING THE TRANSITION TO BY -DISTRICT ELECTIONS WHEREAS, should the City Council adopt the "Resolution of Intention" to transition from "at -large" to "by -district" elections, the City will require expertise in the areas of demographic and election history profiles, an analysis of racially polarized voting, and drawing proposed election districts based on public input; and WHEREAS, staff recommends that the City Council authorize the City Manager to execute a Professional Services Agreement with National Demographic Corporation, of Glendale, to provide the above -referenced services in an amount not to exceed $50,000. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a Professional Services Agreement with National Demographic Corporation, of Glendale, California, to provide the above -referenced services in an amount not to exceed $50,000. Dated: December 12, 2017 I hereby certify that Resolution No. 2017-224 was passed and adopted by the City Council of the City of Lodi in a special meeting held December 12, 2017, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, Kuehne, Mounce, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None MA NNIFER tyl. FERRAIOLO City Clerk 2017-224