HomeMy WebLinkAboutAgenda Report - March 3, 2021 C-055 AGENDA ITEM coo
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Authorizing the City Manager to Execute a Professional Services
Agreement with National Demographic Corporation, of Glendale, for Demographic
Services Regarding the Redistricting of Council Districts (not to exceed $40,000)
MEETING DATE: March 3, 2021
PREPARED BY: City Clerk
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
redistricting of Council districts, in an amount not to exceed
$40,000.
BACKGROUND INFORMATION: Following each federal decennial census, the City of Lodi is required
to adjust Council district boundaries (Elec. Code §22000). The City
will require expertise in the areas of demographics and analysis of
federal and state census data. Staff recommends contracting with National Demographic Corporation
(NDC), of Glendale, to assist in providing the expertise noted above, as well as assisting with public
outreach, including preparation of written materials and technical resources.
FISCAL IMPACT: The estimated cost for demographic services can be absorbed within
known savings in various departments. For now, costs will be charged to
City Clerk's elections budget.
FUNDING AVAILABLE: City Clerk's elections budget (10005000-72450)
Andrew Keys
Andrew Keys
Deputy City Manager/Intemal Services Director
Signature: I JW10f agfwl-
knnife Ci am [r fRb 19. 2071 12:17 PST]
Email: jcusmir@lodi.gov
APPROVED:
Jennifer Cusmir
Jennifer Cusmir
City Clerk
Signature: 001A r XelgbJ
Email: akeys@lodi.gov
Manager
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on 2021, by and between
the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and NATIONAL
DEMOGRAPHIC CORPORATION (NDC) a California Corporation (hereinafter
"CONTRACTOR").
Section 1.2 Purpose
CITY selected the CONTRACTOR 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 CONTRACTOR for professional
services and technical expertise regarding redistricting following the results of the 2020
United States Census (hereinafter "Project") as set forth in the Scope of Services
attached here as Exhibit A. CONTRACTOR acknowledges that it is qualified to provide
such services to CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scope of Services
CONTRACTOR, 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
CONTRACTOR 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.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services.
CONTRACTOR 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 CONTRACTOR's contract performance period. Also, any delays due to
1
weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall
remain in contact with reviewing agencies and make all efforts to review and return all
comments.
Section 2.3 Meetings
CONTRACTOR shall attend meetings as may be set forth in the Scope of
Services.
Section 2.4 Staffing
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's
capabilities and on the qualifications of CONTRACTOR's principals and staff as
identified in its proposal to CITY. The Scope of Services shall be performed by
CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified
by CONTRACTOR 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 CONTRACTOR of any changes of CONTRACTOR's project staff
prior to any change.
CONTRACTOR 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. CONTRACTOR 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 CONTRACTOR to practice its profession, and
that CONTRACTOR 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, CONTRACTOR 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 April 1, 2021 and terminates upon
the completion of the Scope of Services or on April 30, 2022, whichever occurs first.
2
ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR's compensation for all work under this Agreement shall conform
to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by
this reference.
CONTRACTOR 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
CONTRACTOR shall submit invoices for completed work on a monthly basis, or
as otherwise agreed, providing, without limitation, details as to amount of hours,
individual performing said work, hourly rate, and indicating to what aspect of the Scope
of Services said work is attributable. CONTRACTOR's compensation for all work under
this Agreement shall not exceed the amount of the Fee Proposal.
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 CONTRACTOR
to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to
furnish CITY, or a designated representative, with necessary information and assistance
needed to conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review,
obtain and copy all records pertaining to performance of this Agreement.
CONTRACTOR 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. CONTRACTOR 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, CONTRACTOR shall not
discriminate in the employment of its employees or in the engagement of any sub
CONTRACTOR 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, CONTRACTOR 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
CONTRACTOR 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 CONTRACTOR, any
subcontractor employed directly by CONTRACTOR, 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,
CONTRACTOR 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 4.6 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 CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement,
insurance coverage as set forth in Exhibit C attached hereto and incorporated by this
reference.
Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors,
assigns, and legal representatives to this Agreement without the written consent of the
others. CONTRACTOR 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: Jennifer Cusmir, City Clerk
To CONTRACTOR: National Demographics Corporation
P.O. Box 5271
Glendale, CA 91221
Section 4.9 Cooperation of CfTY
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 CONTRACTOR is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this
Agreement, it shall act as an independent contractor for and on behalf of CITY and not
an employee of CITY. CITY shall not direct the work and means for accomplishment of
the services and work to be performed hereunder. CITY, however, retains the right to
5
require that work performed by CONTRACTOR 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
CONTRACTOR 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, CONTRACTOR shall be entitled to payment as set forth in the
attached Exhibit B to the extent that the work has been performed. Upon termination,
CONTRACTOR 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 CONTRACTOR with third parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CONTRACTOR 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 CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or
"Proprietary", except to the extent otherwise required by law or permitted in writing by
CONTRACTOR. CONTRACTOR 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.
Section 4.14 City Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020
requires CONTRACTOR to have a city business license and CONTRACTOR agrees to
6
secure such license and pay the appropriate fees prior to performing any work
hereunder.
Section 4.15 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 4.16 Integration and Modification
This Agreement represents the entire understanding of CITY and
CONTRACTOR 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 4.17 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 4.18 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 4.19 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, CONTRACTOR shall allow CITY to inspect all such
documents during CONTRACTOR's regular business hours. Upon termination or
completion of services under this Agreement, all information collected, work product and
documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.
CITY agrees to indemnify, defend and hold CONTRACTOR 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 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
7
Section 4.22 Counterparts and Electronic Signatures
This Agreement and other documents to be delivered pursuant to this Agreement
may be executed in one or more counterparts, each of which will be deemed to be an
original copy and all of which, when taken together, will be deemed to constitute one and
the same agreement or document, and will be effective when counterparts have been
signed by each of the parties and delivered to the other parties. Each party agrees that
the electronic signatures, whether digital or encrypted, of the parties included in this
Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Delivery of a copy of this Agreement or any other document
contemplated hereby, bearing an original manual or electronic signature by facsimile
transmission (including a facsimile delivered via the Internet), by electronic mail in
"portable document format" (".pdf') or similar format intended to preserve the original
graphic and pictorial appearance of a document, or through the use of electronic
signature software will have the same effect as physical delivery of the paper document
bearing an original signature.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement as of the date first above written.
ATTEST:
JENNIFER Cusmir
City Clerk
APPROVED AS TO FORM:
JANICE D. MAGDICH, City Attorney
In
jdm
Attachments:
Exhibit A — Scope of Services
Exhibit B — Insurance Requirements
CITY OF LODI, a municipal corporation
STEPHEN SCHWABAUER
City Manager
NATIONAL DEMOGRAPHIC CORPORATION,
a California Corporation
By:
Name
Title:
Funding Source: 10005000-72450
(Business Unit & Account No.)
Doc ID:
CA: Rev.02.2021.elecsig
8
Douglas Johnson
President
Signature:L/W
Z
Email: jmagdich@lodi.gov
pvp-v� National Demographics Corporation
NDC EXHIBIT A
A Proposal to
Lodi
for Demographic Services
By National Demographics Corporation
Douglas Johnson, President
November 255 2020
Phone: (818) 254-1221 P.O. Box 5271 info@NDCresearch.com
FAX (818) 254-1221 Glendale, CA 91221 www.NDCresearch.com
Arl-�n(l2
NDC
November 25, 2020
Jennifer Cusmir, City Clerk
City of Lodi
221 W Pine Street
Lodi, CA 95240
Dear Ms. Cusmir,
National Demographics Corporation
Thank you for the opportunity to provide this proposal to Lodi. NDC has more than
40 years of experience districting and redistricting hundreds of cities, school districts
and other local jurisdictions across California, including the City's initial move to by -
district elections and similar districting and redistricting work for Elk Grove, Stockton,
Riverbank and Modesto (a full client list is available at www.ndcresearch.com/clients/).
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 also welcomes the
opportunity to work with our clients to encourage public participation in this process,
as we offer several tools developed specifically for public engagement in districting and
redistricting.
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 anytime if
you have any questions, concerns, or requests regarding this proposal.
Sincerely,
-IQ7�
Douglas Johns{J 1Z
President
Page 1
Ar,--,Ary�
NDCNational Demographics Corporation
Table of Contents
Brief History of National Demographics Corporation.................................................................. 3
CompanyPhilosophy........................._...............................................
Professionalism........ I . ..................... ................................................ ................ .............
4
Partnership..................................................................................................................
4
Local Leadership and NDC's Non -Partisan Approach ....................................................
4
Openness..................................................................................................................................
5
PublicEngagement.....-;- .............................:..........................I.................. 5
TheNDC Team..........................................................................................................._.......................
6
Recognition of the NDC's Expertise .................. ................ ............................................. I ... .....
6
NationalRecognition .......... :.::....:...:............. .............................................. :.............................
6
California League of Cities Recognition................................................................._...._.._...
7
Recognition by Additional California Organizations........................................................
8
Trusted Advisor to Local Government and Redistricting Reform Groups ..................
9
Advisor to Charter Review Commissions on Redistricting Provisions ........................10
Expert Witness and Litigation Consultant........................................................................10
NDCClient Testimonials.....:....:....:............•...........:.........:.:.....:..............,..........................................11
ImpeccableReferences......................................................................................................................13
PublicEngagement.................................................................
The Three E's of Public Participation: Engage, Educate, and Empower....................
14
Sample Public Participation Mapping Tool. ........................................................................
15
SampleOnline Mapping Tool..................................._.........,........I...........................16
Sample NDC "Interactive Review Map"..........................................................................16
ProjectScope of Work..................................._........................... ............................... ...17
January — March, 2021: Project Planning and Initial Outreach.............;.....:.:......,.:......17
April June, 2021: Initial Data Analysis and Ongoing Outreach................................17
June —July, 2021: First Hearing .............._............. ................. .....18
August — September, 2021: Draft Mapping Time .......... ................................ .:..............19
October — November, 2021: Initial Map Review and Direction...................................19
January — February, 2022: Map Adoption....................................................................••..
20
ProjectPricing ............................................. .............. —.......... ........ ::..:..:......... ..::.......................:..:.:....
20
Other Potential Project -Related Expenses: ....................................................................................
21
AdditionalAnalysis.................I........................................................................................................
21
Exception: "Still Balanced" Jurisdictions.............................................:..:.......:....................:........22
Details of Optional Project Elements.............................................................................................
23
Advisory or Independent Redistricting Commissions....................................................23
OutreachAssistance.................................................................................••••........•••.I•.........23
ProjectWebsite.....................................................................................................................23
Background on Online Mapping Tool Options...............................................................24
Paper- and Excel -based Public Mapping Tools...............................................................27
RequestedPayment terms: ................................................................ ................................................28
Conclusion....... ............ ........... .. ..... ...................... .. .. ....................I....................
28
ProposalAcceptance.. :...::::::..................:.........•••:•.......::.....................:..:................................:........
29
Resumes of NDC President Dr. Douglas Johnson and
Vice President Dr. Justin Levitt..........................................................................................
31
Page 2
A_��
NDC
National Demographics Corporation
Brief History of National Demographics Corporation
NDC has served hundreds of local governments since our founding in 1979.
While most of NDC's work is in California and Arizona, the firm has performed
projects in all regions of the country, serving clients as varied as the States of
Mississippi, Arizona, Florida and Illinois; Clark County (Nevada); the California
counties of Merced, San Bernardino, and San Diego; the San Diego Unified
School District; the City of Oakland; Yuma County (Arizona); the Arizona cities
of Glendale, Mesa, Peoria, Phoenix, and Surprise; and relatively smaller
jurisdictions such as the City of Bradbury and Clay Elementary School District.
The company is especially well known for its districting and redistricting work
with local governments. NDC has established a reputation as the leading
demographic expert on the California Voting Rights Act (CVRA), having
performed demographic assessments of potential CVRA liability and/or moves
to by -district elections for over 350 jurisdictions. No company has been
responsible for addressing the electoral demographic needs of more local
governments, as NDC has districted and/or redistricted more than 250 counties,
school districts, cities, water districts, and other local jurisdictions.
Nationally recognized as a pioneer in good government districting and
redistricting, NDC has unmatched expertise in the issues, questions, and
decisions jurisdictions face in any discussion regarding districting, redistricting,
the California and Federal Voting Rights Act and related election system choices.
Page 3
fvL-X,�
NDC
Company Philosophy
Professionalism
National Demographics Corporation
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 meet the districting and redistricting
needs of any jurisdiction, and its personnel have unmatched experience in the
line -drawing side of this work, as well as in developing the databases used for
these purposes. But more important are the firm's interpersonal skills and the
team's understanding of the perspective of all parties in this process.
Partnership
In recognition of the vital role these groups play in informing and assisting their
members, NDC is a sponsor of the California League of Cities, the California
Special Districts Association, and we are currently finalizing our sponsorship of
the California School Boards Association and the California Association of
Counties.
For years, NDC has frequently appeared on panels organized by these
organizations to share information with their members about the California
Voting Rights Act, the Census, and the districting and redistricting rules and
process.
NDC also assists the League of Cities and CSBA with negotiations and suggested
language for legislation on districting/ redistricting and the California Voting
Rights Act.
Local Leadership and NDC's Non -Partisan Approach
NDC is an advisor and technical resource. The firm's role is to assist our clients
in implementing our clients' goals and directions within the complicated
demographic and legal constraints of the project. NDC shares its experience and
expertise, but the final plan is selected by the jurisdiction's elected leaders, not
NDC. The firm is sometimes criticized, usually by people from outside of the
client jurisdiction, for not acting as an advocate or proselytizer for what these
outsiders think is "right" for the client. But NDC team members are expert
advisors, not proselytizers. NDC guides our clients through the process to a map
that meets all legal requirements and the goals of our client — not the goals of
outside critics. NDC welcomes the chance to assist each client through this
process following the direction of the jurisdiction's elected leadership, key staff
members, and the entire community.
Page 4
NDCNational Demographics Corporation
Understandably, a common question in every redistricting whether there is any
influence of any improper political bias on the process. NDC's four decades of
success working for jurisdictions with all -Democratic leadership, jurisdictions
with all -Republican leadership, and every possible combination in between,
reflects our steadfast dedication to non-partisan service. The NDC team includes
members who worked or served in Republican positions before coming to NDC,
and members who worked or served in Democratic positions, and obviously
every team member holds their own personal political beliefs. Arriving at work,
each of us puts our personal political feelings aside and focuses on implementing
the policy goals and directions of our clients using NDC's non-partisan,
professional and expert guidance regarding the requirements and options facing
each client. We believe most of our clients would be hard-pressed to guess which
NDC team members are registered as independents or with any political party,
and we are proud to have satisfied customers and clients whose partisan leanings
(even in their non-partisan local government offices) similarly cross the entire
partisan spectrum.
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 considerable public attention, sometimes generate intense controversy,
and may draw charges of manipulation and abuse of power. 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.
Public Engagement
NDC pioneered the "transparent districting" approach that involves the public
at every stage of the process and the company invented the "public participation
kit" back in 1990. But NDC's most valuable service is the firm's experience
transforming often contentious and passionate debates into thoughtful,
constructive discussions focused on the options and outcomes rather than
individual personalities. NDC also has considerable experience working with
translators in public forums and providing materials in English and Spanish.
NDC's approach has been widely praised in the media, and NDC has worked
extensively with all types of press including radio, television, newspaper, and new
media.
Page 5
fvwNel-
NDCNational Demographics Corporation
The NDC Team
NDC's 40 years of service to local governments is grounded in our academic
founding and decades of professional relationships with all forms of local
governments. Each NDC team member has been extensively trained in the legal
requirements, demographic details, and complicated personal and community
interests involved in every districting and redistricting project. And every NDC
team member has been briefed on the wide range of unusual and bizarre
challenges NDC has encountered over our more than 250 successfully
completed local government projects. Whatever question or situation arises, your
NDC team can handle it.
NDC President Dr. Douglas Johnson leads all team training and closely monitors
the progress of every client project. NDC President Dr. Johnson and Vice
President Dr. Levitt are always available to all clients, and typically are personally
involved whenever particularly unusual or complex situations arise. And each
NDC project has an NDC Consultant or Senior Consultant as a primary point
of contact to ensure seamless information flows and continuity. All NDC project
leaders are a fully trained Consultants or Senior Consultants with years of
experience working with local government elected leadership and top staff
members. Each NDC team leader brings their personal expertise in
demographics, city governance, school district governance and/or special district
management to every project. And each team leader has particular expertise and
focus in specific geographic areas. All team members resumes are available on
www.ndcresearch.com/about-us/.
Recognition of the NDC's Expertise
Both national and local organizations have recognized NDC's unmatched
experience and expertise in the Census, districting, and redistricting.
National Recognition
Nationally, the National Conference of State Legislatures hosted NDC as a
panelist at five different forums held for state legislators and legislative staff from
across the country. NDC President Douglas Johnson addressed these forums on
the following topics:
1. Citizen VotingAge Data from a line -drawer's Viewpoint
2. Communities oflnterest in Redistllcting.• <4 key to drawing 2011 plans (and
for then- defense)
3. The Key to Successful Redistricting
4. Communities oflnterestIn Redistlicting.•A Plactical Guide
Page 6
AIA��
NDC
National Demographics Corporation
5. The Arizona Independent Redistricting Commissions' expellences with the
first-ever independent redistricting
In addition:
• The National League of Women Voters hosted NDC President Douglas
Johnson at a 2006 conference on "Building a National Redistricting Reform
Movement,"
• Texas Tech University hosted Dr. Johnson as a panelist at its "Symposium
on Redistricting;"
• The Arizona League of Cities and Towns hosted Dr. Johnson as a panelist
on "Redistricting Law and the Voting Rights Act: What It Means for Your
City or Town in 2011" and
• The Arizona Bar Association hosted Dr. Johnson as a panelist on
"Communities of interest and technology in redistricting."
California League of Cities Recognition
The California League of Cities hosted NDC as panelists over a dozen times to
date:
2020
Executive Forum
Coping with the New Reality of By -District
Elections
2020
City Clerk Dept.
2021 Redistricting Is Here — And the Rules
Have Changed Again
2019
City Clerk Dept.
Transitioning From At -Large to By -District
Elections: A Practical Guide for City Clerks
2019
City Clerk Dept.
Redistricting 101 for Municipalities
2019
City Manager Dept.
CVRA and the Profound Impact on Local
Governance
2018
Executive Forum
The California Voting Rights Act and the
District -Drawing Process
2018
City Attorney Dept.
CVRA Recent Legislation & Litigation
Outcomes
Transitioning From At -Large To By -
2018
City Clerk Dept.
District Elections: A Practical Guide For
City Clerks
2017
City Clerk Dept.
California Voting Rights Act: Putting the
2016 Legislation into Practice
2016
Inland Empire
The California Voting Rights Act and
Chapter
Districting: The Demographer's Perspective
Page 7
tU,,�
NDC
National Demographics Corporation
2015
City Manager Dept.
Opportunity to Engage Residents: The
California Voting Ri hts Act
Diego" Politifest
Whose Line Is It Anyway: Making the
2014
City Clerk Dept.
transition from at -large to by -district
2020
Secretaries Annual
elections
2006
General Meeting
Introduction to the California Voting Rights
Rose Institute of
Act
Recognition by Additional California Organizations
Other California organizations and conferences since 2011 recognizing NDC's
expertise in this field include:
2020
"Voice of San
Redistricting --What it means for our
Diego" Politifest
community
County Committee
2020
Secretaries Annual
The California Voting Rights Act
Summit
Rose Institute of
2020
State and Local
2021 Redistricting: New Rules for California
Government
Local Governments
2020
California Special
California Voting Rights Act Challenge
Districts Association
Factors
Associated Cities of
2020
California — Orange
2021 Redistricting: The Rules have Changed
County
2020
California Municipal
Municipal Redistricting in 2021: New Rules
Law Conference
of the Road
California
2019
Association of
Transitioning to By -Trustee -Areas Elections
School Business
Officials
2019
USC City/County
The Challenges of Municipal Election
Fellowship Program
Districts
2019
California Special
District Elections and the California Voting
Districts Association
Rights Act
California Special
Converting From At -Large to By -District
2018
Districts Association
Elections Under the California Voting
Rights Act
2018
Riverside County
Redistricting and the California Voting
Bar Assoc.
Rights Act
Page 8
�h. f ✓L
NDC
National Demographics Corporation
Trusted Advisor to Local Government and Redistricting Reform Groups
NDC acted as an informal advisor to the California League of Cities and the
California School Board Association during the debate over the AB849 "FAIR
MAPS Act" in 2019.
NDC acted as an informal advisor to the California League of Cities during the
debate over AB1276 (revising the FAIR MAPS Act provisions) in 2020.
NDC provided ideas, advice, maps and research to the 2008 Common Cause -led
coalition that drafted and successfully advocated for Proposition 11, which
created California's State -level Independent Redistricting Commission.
Page 9
California School
Voter Districts: The Link Between Strong
2018
Board Assoc.
Community Engagement and a Successful
Process
2017
California School
15 Years with the California Voting Rights
Board Assoc.
Act: Lessons Learned and Challenges Ahead
UC's National Public
2017
Service Law
Moderator, "Voting Rights 101"
Conference
Los Angeles County
2016
School Business
CVRA: What CBO's Need to Know
Officials
Los Angeles County
2016
School Trustees
The CVRA: What School Board Members
Assoc.
Need to Know
Associated Cities of
2015
California — Orange
The California Voting Rights Act
Count
2015
California School
The California Voting Rights Act: What
Board Assoc.
Board Members Must Know
Los Angeles County
2015
School Boards
CVRA & Districting: The Demographer's
Assoc.
Perspective
Lunch Keynote: "California's next
2011
Channel Cities Club
experiment: independent, public
redistricting"
Trusted Advisor to Local Government and Redistricting Reform Groups
NDC acted as an informal advisor to the California League of Cities and the
California School Board Association during the debate over the AB849 "FAIR
MAPS Act" in 2019.
NDC acted as an informal advisor to the California League of Cities during the
debate over AB1276 (revising the FAIR MAPS Act provisions) in 2020.
NDC provided ideas, advice, maps and research to the 2008 Common Cause -led
coalition that drafted and successfully advocated for Proposition 11, which
created California's State -level Independent Redistricting Commission.
Page 9
NDC
National Demographics Corporation
Advisor to Charter Review Commissions on Redistricting Provisions
NDC advised the following groups on the redistricting and voting rights
provisions of their charter revisions and ordinances:
2016
City of El Cajon charter revision and public education outreach
2015/16
Castaic Lake Water Agency and Newhall County Water District
2019
merger
2015/16
City of Corona Charter Revision
2018
Pasadena Unified advisor to Charter Revision Commission
2011/12
creating a redistricting commission and moving District to by -
2017
district elections
2009/10
City of Menifee advisor to by -district -elections ordinance
2016
language committee
2015
City of Modesto advisor to Charter Revision Commission
2006-08
creating an independent redistricting commission and public
2015
education outreach
2003
City of Goleta ordinance writing and public education outreach
Expert Witness and Litigation Consultant
NDC President Douglas Johnson served as an expert witness in the following
election and redistricting law cases:
2020
Chestnut v Merrill Alabama
2019
City of Redondo Beach vs State of California
2019
Ruiz-Lozito vs West Contra Costa Unified School District
2019
Common Cause v Lewis(North Carolina
2018
Phqlip Randolph Institute v Smith (Ohio)
2018
League et al. v. Johnson (Michigan)
2017
Luna v County of Kern
2018
Covington v State of North Carolina
2016
Garrett v City of Highland
2015
jamarillo v City of Fullerton
2015
Harris vs Arizona Independent Redistricting Commission
2015
Solis v Santa Clarita Community College District
2015
1aure ui et al vs City of Palmdale
2014
Diego v CiLy of Whittier
Page 10
AA_�_
NDCNational Demographics Corporation
NDC Staff also served as litigation consultants for jurisdictions in the following
California Voting Rights Act cases:
1. Anaheim
2. Carson
3. Compton
4. Escondido
5. Modesto
6. Poway
7. Santa Clarita
8. Whittier
9. Santa Clarita Community College District
10. Tulare Health Care District
NDC Client Testimonials
Here is a sampling of what NDC's people have to say about NDC:
"Here's a great expert.... today you bring h_rn in for what sounds hke good
information, very smart man up here. "
United States Fourth District Court Judge James A Wynn, Covington v
North Carolina, United States District Court for the Middle District of
North Carolina, Case No. 1:15CV399
"I have worked on Congressional, Legislad e, Los Angeles County and Los
Angeles City redistricting maps on behalf of the Latino Caucus and grassroots
Latino organizations for ober 30 pears. Douglas Johnson is one of the top
redistricting experts in California, and he is who I would pick to draiv a map for
me anywhere in the state. "
Alan Clayton, retired Executive Director of the Los Angeles County
Chicano Employees Association
"The evicel spreadsheet is a fantastic tool Just plug in the letter by district and
on the tab see a cunning total ofpopulation by assigned district. Its cool. "
Modesto resident's comment, June 16, 2008
"One of the fest, and in retrospect one of the best, decisions made by our
commission was to hire Douglas Johnson and his colleagues at National
Demographics Corporation as our- ptmary consultants. I have never had the
opportunity to work with a more highly qualified, hall wolfing, dedicated,
Page 11
pv%"V�
NDCNational Demographics Corporation
professional and classy indiv ideal orgroup than 1171: Johnson and his associates
at NDC. "
Jim Huntwork, Arizona Independent Redistricting Commissioner
(Republican)
`In addition to his technical expertise, Doug hada keen sense of how to help us
navrigate the complexities of theprocess. He understands redistricting better than
any person I know. He has a unique abih)t,, to synthesize that which is vTeiy
complicated and make it very understandable for the public. Ile frequently would
present various options, without representing any position, clearly delineating
differences and challenges of each option in a clear and succinct manner. "
Josh Hall, Arizona Independent Redistricting Commissioner (Democrat)
"It was a great pleasure to work with Doug Johnson and NDC during the first
Independentredistlicting effortin Arizona. Doug and his staff were professional,
efficient, responsive, and even-handed. They 1lstened very carefully to the
instructions given by the commission and performed each mapping task without
bias of any kind. I would highly recommend NDC to any jurisdiction, or
commission, wishing to have a successful redistricting process. "
Steven W. Lynn, Chair, Arizona Independent Redistricting Commission
(Independent)
"Thank you for all ofyour hard work, assistance, and patience with me during
this year of CVRA conversion to by -area trustee elections. Your continual
reassurance and support in dealing with all of the details was sincerely
appreciated. We all have jobs to do, but when working with all ofyou I felt that
you always went the extra mile to support our District with excellent customer
service. The multiple revisions, extra conference calls, and follow up suggestions
made a difference to Scott, Linda, and me. I personally enjoyed joking around
with each of you while remaining professional in all presentations. It was a
Pleasure working with all ofyou. "
Jennifer Williams, Ed. D., Fullerton Joint Union High School District,
Executive Director Administrative Services
Page 12
NDC
Impeccable References
National Demographics Corporation
All of NDC's former clients — without exception — can be contacted for
references. The following is only a sample of references:
Mr. Graham Mitchell. City Manager. City of El Cajon. 200 Civic Center Way. El
Cajon. CA 92020. (619) 441-1716. GMitchell@cityofelcajon.us.
Mr. Jason Stilwell. City Manager. City of Santa Maria. 110 E. Cook Street. Santa Maria.
CA 93454-5190. (805) 925-0951 ext. 2200. jstilwell@cityofsantamaria.org.
Mr. Marcus Walton. Communications Director. West Contra Costa Unified. 1108
Bissell Ave., Room 211-215. Richmond, CA 94801. 510-205-3092. mwalton@wccusd.net.
Mr. Jonathan Vasquez. Superintendent. Los Nietos School District. 8324 S.
Westman Ave., Whittier, CA 90606. (562) 692-0271 Ext. 3212 jonathan_vasquez@lnsd.net.
Ms. Jennifer Fitzgerald, Mayor, City of Fullerton. 303 W. Commonwealth Avenue.
Fullerton, CA 92832. (714) 402-3106. jennifer@curtpringle.com.
Mr. James Atencio. Assistant City Attorney. City of Richmond. 450 Civic Center
Plaza. Richmond, CA 94804. 510-620-6509. James_Atencio@ci.richmond.ca.us.
Ms. Isabel Montenegro. Administrative Assistant. Inglewood Unified. 401 South
Inglewood Avenue, Inglewood, CA 90301. 310-419-2799.
imontenegro@inglewood.kl2.ca.us.
Ms. Pam Abel. Superintendent. Modesto City Schools. 426 Locust Street. Modesto.
CA 95351-2631. (209) 574-1616. able.p@mcs4kids.com.
Mr. Darrell Talbert. City Manager. City of Corona. 400 S Vicentia Avenue. Corona.
CA 92882-2187. 951.279.3670. Darrell.Talbert@ci.corona.ca.us.
Mr. David Silberman. Deputy County Counsel. San Mateo County. 400 County
Center. 6th Floor. Redwood City. CA 94063. 650-363-4749 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. Email: laja@buckeyeaz.gov.
Ms. Randi Johl, Director of Legislative Affairs/City Clerk. City of Temecula.
41000 Main Street. 'Temecula, CA 92590. 951-694-6444. Randi.Johl@temeculaca.gov.
Page 13
NDCNational Demographics Corporation
Public Engagement
The Three E's of Public Participation: Engage, Educate, and Empower
NDC's "Three E's" approach recognizes the complex and daunting nature of
districting and redistricting projects, while emphasizing the importance of public
participation in such projects.
Given the complexity of the issue, the public cannot be expected to jump in with
constructive ideas and input without encouragement. So NDC's approach begins
with the first "E": Engage. NDC works with our clients to get the word out
about why the project matters — and how input from residents can be a decisive
element of the project.
Once their interest is engaged, the second "E" is Educate. Most media coverage
of this topic focuses on congressional gerrymandering, giving the entire field a
tainted and hopeless feel. NDC works with our clients to explain how local
districting and redistricting is based on neighborhoods and communities — not
national politics. We educate the public on the data, requirements and goals of
redistricting, and on the many options residents have to formulate and share their
own maps or other constructive input.
The third "E" is Empower. For those projects where the level of public interest
and engagement justify the expense, NDC offers an unmatched array of paper,
Excel -based, and online mapping tools that residents can use to draw detailed,
population -balanced maps for consideration by the jurisdiction.
When included in a project, NDC has seen considerable public interest in these
optional public participation tools. Often five, ten or even twenty or thirty draft
maps are proposed by community residents. And NDC developed a highly
refined and proven methodology for efficiently guiding our clients through
selecting and refining a map, even when starting from 10, 20, 30 or more initial
draft maps.
For those jurisdictions where the expense of the optional mapping tools is too
high, NDC always welcomes any letters, comments, or hand -drawn maps that
residents wish to submit during the districting or redistricting process.
For every project, at no extra expense, NDC includes an online "interactive
review map" that allows residents to analyze draft maps zooming in and out,
searching for specific addresses, and by changing between street maps, satellite
images, and other underlying base maps.
Page 14
11_1_�
NDCNational Demographics Corporation
Samples of these tools are shown on the following pages, and additional details
on each of them appears later in this proposal.
Sample Public Participation Mapping Tool
Public
Participation Kit
FAC.11 nurnlx:r indicates the tonal
pupulatirrn of that "population
unit' area. 1 aeh district must have
essentially equal Population,
The poplibilioll othf:acF1 til the
tivc districts must lm clusc toi
?,44'•, with no melee than a
-45 difference between the lart*est
and snmllest.
\arne:
Phnne or email:
.N, an onlinc;crsinn rel :Lis m;ip thal
"'. ;?s(' allows 1-1)u to zoom :n and out for
•?• > ,. "n26 more det:r.l �s avAdahle As u lint.
13St y,,l +,:
:rom rlic Clrti ;scbsnc.
' ►� :•'l
-•::. 7f1S'' '1381
fir" by � ..',• f• � r;2S • � •� -
i , 166 744:
N,.•53G ti.....
.w fit!
7► '
40d� l 396 i.•Siti'.
60,
5 r. 40r.
i
.t
312
e In ................... .
.I f,' F� •"48
34. i 11'1
•�•. �� 7 ] .�
2019
•�
I•ir• 411 ,� M'4
•
•}'3
.r .'L SK4'.�• .i •37Z•
Wn 867
-•'1 -
llleust .Ise :I thick dArk-colored
�A. I
ti I IUt .'r.?
■::..
pen to draw' your map, -hen
'
.r 'I�•
1111,mit 1t :,1 (itv Rdi or dircol1'
-•.�'•
_ -• • f, ''
r -r
1
to our prolec•. conaull:utl_e:
5
.. . 554 fr 564 1 s
Sllh nlL cinefR�%17�a'..S vaech.crim
S,. i•
•�f �.
r'
VO Box S2-1. Glrlldaie. (.:1 91221
' -
Ynu can Lnnd-doh-cr, mad, las, soln •' -.
Iutd'hail. or I>hulot,: yl: ow: c•a:ail
........
nmr map.
i
V•nw.,. uaauv:�ipLr. e, <.%;idx. a. :ills
42D16 CALIPER
........
Page 15
NDC
National Demographics Corporation
Sample Online Mapping Tool
BE=
Sample NDC "Interactive Review Map"
(used to view and evaluate, not to draw, maps)
Changs =
z�—: Sdeclpc Brea- .1 13,:
A.
LOS AL
WCAII,ffr
teo�
-.,een
Le. -
Runmoor inll;lr.. ....
ivna:cd
W"M
Page 16
n�sr�
NDC
Project Scope of Work
National Demographics Corporation
NDC tailors each project to the needs and goals of each jurisdictions. Below is
a typical NDC -suggested timeline and description of project elements.
The dates provided below are general guidelines and will vary according to the
goals, project choices, and deadlines of each jurisdiction.
January — March, 2021: Project Planning and Initial Outreach
a. NDC works with the jurisdiction to prepare a detailed project timeline of
expected outreach efforts, public forums, formal hearings, draft map dates,
and final map adoption dates.
b. NDC works with the jurisdiction staff (or contract specialized outreach staff
— see notes below about that option if interested) to prepare a project
outreach plan for all steps of the process covering target audiences, contact
lists, social media efforts, any potential postcard mailings, utility bill inserts,
flyers for distribution at schools, media briefings, and community group
contacts.
c. Decide what public mapping tool(s) to provide, if any.
d. Decide whether to use a commission.
e. Create the project website: NDC will provide advice and text for the
jurisdiction's website, or as an optional project element NDC will build a
project website that the jurisdiction can simply link to from the jurisdiction
site.
f. NDC will work with jurisdiction and County Registrar staff to confirm GIS
boundaries and to identify and include in our redistricting database any
available GIS data that NDC and the jurisdiction identify are likely to be
useful as mapping references for NDC, the public, and for the jurisdiction.
g. Project outreach begins with initial alerts and `invitations to participate' sent
out to the general public, to overlapping jurisdictions, and to community
organizations.
April June, 2021: Initial Data Analysis and Ongoing Outreach
h. Census data released and California Statewide Database completes "prison
adjustments" of the data.
Page 17
flv��
NDCNational Demographics Corporation
i. NDC adds socio-economic data from the Census Bureau's American
Community Survey to the state demographic data.
j. NDC matches the demographic database to the existing election areas.
k. NDC prepares a memo regarding the demographics and compliance with
state and federal criteria of the existing election areas, including maps of
"protected class" population concentrations and other socio-economic data
often referenced in redistricting (such as income, education levels, children
at home, language spoken at home, renters / home owners, and single-
family / multi -family residences).
1. NDC Memo is circulated to the jurisdiction and into the project outreach
messaging.
June — July, 2021: First Hearing
(Or multiple initial hearings or hearings and forums, if the jurisdiction wishes to
hold more than one hearing and/or public forums prior to the release of draft
maps.)
m. NDC presents an overview of the redistricting laws and criteria, jurisdiction
demographics, and the population balance of the existing election areas and
their compliance (or possible lack thereof) with state and federal
requirements.
n. If the existing election areas are in compliance with state and federal rules
and balanced, the jurisdiction decides whether to stop at this "Still
Balanced" point or to continue with a standard redistricting.
o. The project timeline and outreach plan are presented to the public for
comments and feedback, along with a request to the public to provide
guidance on what residents consider key neighborhoods, communities of
interest, and other project -related regions in the jurisdiction.
p. If the optional public mapping tools and/or Public Participation Kit are
included in the project, their use is demonstrated to the public.
q. Outreach efforts continue with messaging to the public, with special focus
on community groups with an interest in the redistricting.
Page 18
flv��
NDCNational Demographics Corporation
August — September, 2021: Draft Mapping Time
r. Outreach efforts continue with messaging reminding the public of the
opportunity to provide written or mapped input on how the maps should
be drawn, and welcoming any maps residents with to submit.
s. If the optional public mapping tools and/or Public Participation Kit are
included in the project, NDC provides email and phone support for any
residents with questions regarding their use.
t. If the optional public mapping tools and/or Public Participation Kit are
included in the project, at the jurisdiction's option additional public forums
on the use of those tools can be provided.
u. The public deadline for submitting any initial draft maps will be
approximately seven days prior to the official deadline to post all draft maps
online (to provide NDC time to process any draft maps received, and for
NDC to develop our own two to four initial draft maps).
v. All outreach channels are used to inform the public about the opportunity
to submit draft maps and to encourage participation in the review of the
upcoming draft maps.
October — November, 2021: Initial Map Review and Direction
w. NDC processes all public draft map submissions, drafts NDC's draft maps,
summarizes all of the draft maps. The maps, related demographics, and
summaries are provided by NDC in web -friendly formats. These process
maps are posted on the project website and on the NDC -provided
interactive review map.
x. At the jurisdiction's option, one or more informal workshops or public
forums are held to gather residents' reactions to and preferences among the
draft maps.
y. The jurisdiction holds a hearing to review the draft maps, narrow down the
list of initial draft maps, and provide direction on any desired new or revised
maps.
z. Two to three weeks are needed for the public to submit any new maps and
for NDC to provide maps based on the direction at the hearing. During this
time, additional outreach is conducted to inform interested residents and
community groups of the selected `focus maps' and the remaining
opportunities to participate in the process.
Page 19
flv��
NDCNational Demographics Corporation
January — February, 2022: Map Adoption
aa. Any new or revised maps, related demographics, and summaries are posted
on the project website.
bb.At the jurisdiction's option, one or more informal workshops or public
forums are held to gather residents' reactions to and preferences among the
remaining maps.
cc. One or more hearings are held to continue the review and refinement of the
focus maps and, ultimately, adopt the final map.
dd. Outreach continues to inform residents and community groups of the
progress of the project, opportunities for future participation, and,
ultimately, which map is adopted.
ee. Following map adoption, NDC coordinates map implementation with the
County Registrar, informing the jurisdiction staff of the progress, any issues,
and ultimate completion of that work.
ff. NDC works with the jurisdiction staff to ensure preservation of all project
data and records, including GIS -format versions of the adopted map.
Project Pricing
1. Basic Project Elements (covers everything except for per -meeting and
optional expenses):... ...... ....................... ...... ...................................... $ 19,500
2. Per -Meeting expense:
• In-person attendance, per meeting............................................................ $ 2,750
• Virtual (telephonic, Zoom, etc.) attendance, per meeting ...................... $ 1,250
For each meeting, NDC will prepare meeting materials, including presentation materials and
maps; present and explain key concepts, including mandatory and traditional redistricting
criteria and "communities of interest"; facilitate conversations; answer questions; and gather
feedback on existing and proposed boundaries..
Per -meeting prices include all travel and other anticipated meeting -related expenses.
Telephone calls to answer questions, discuss project status, and other standard project
management tasks do not count as meetings and do not result in any charge.
3. Optional Project Elements:
a) Project website.......................................................................................... $ 4,500
Page 20
NDCNational Demographics Corporation
b) Online mapping tool .......................................................not yet determined *
c) Public Participation Kit mapping tool:
i. With online mapping tool .......................included at no additional charge
ii. Without online mapping tool .................................................... $ 4,000
d) Working with independent or advisory redistricting
coininisslon....................................................................... no additional charge
e) Additional outreach assistance ...................................... separately contracted
* Caliper is currently re-evaluating the cost of their tool; NDC is talking to ESRI about a less-
expensive and faster -to -setup version of their tool; and NDC is talking to other potential
online tool providers that may provide less expensive options. At the time your jurisdiction is
ready to begin the project, NDC will provide an update on the online mapping tools available
with a review of the power, accuracy, ease of use, and cost for each.
Other Potential Project -Related Expenses:
The most common additional project 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 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:
Principal (Dr. Douglas Johnson).................$300 per hour
Vice President (Justin Levitt) ....................... $250 per hour
Senior Consultant .......................................... $200 per hour
Consultant....................................................... $150 per hour
Analyst / Clerical ........................................... $50 per hour
Dr. Johnson is also available for deposition and/or testimony work if needed, at
$350 per hour.
Page 21
Ar��
NDCNational Demographics Corporation
Exception: "Still Balanced" Jurisdictions
For a few jurisdictions, the existing election areas will still meet the equal
population and voting rights act requirements using new 2020 Census data and
the requirements of California's new "Fair Maps" law. These jurisdictions have
the option simply retain the existing map without drawing and holding hearings
on alternative maps. For jurisdictions electing this approach, the project would
conclude with that decision and the only project expense would be the "still
balanced" analysis expense and any per -meeting fees (at the per -meeting rates
stated above).
Includes all the services listed below: .............................................................. $ 2,500
• Compile total population and Citizen Voting Age Population data.
• Import existing election area lines.
• Compile population data by election area and calculate population deviations and Prepare
memo summarizing findings.
Page 22
NDCNational Demographics Corporation
Details of Optional Project Elements
Advisory or Independent Redistricting Commissions
NDC anticipates that many California jurisdictions will create advisory or
independent commissions to manage the redistricting process. NDC welcomes
the use of such commissions, and our pricing does not change for jurisdictions
creating commissions. But the creation, training, operation and reporting of such
commissions often leads to more meetings (and a resulting increase in the "per
meeting" project expenses) than a traditional redistricting process conducted
primarily by the jurisdiction's elected leadership.
Outreach Assistance
NDC brings topical expertise to your jurisdiction's outreach efforts, and NDC
makes available to all clients our library of sample outreach materials including
op-ed articles, postcards, utility bill inserts, flyers, and social media messages.
NDC provides all of these materials along with our advice and input on outreach
strategy and materials to any interested jurisdiction, but we do not have graphic
artists to customize or design such materials in-house.
For larger -scale outreach efforts, especially where jurisdictions wish to send
representatives out to regular meetings of existing community organizations,
NDC typically works together with a jurisdiction's in-house communications
staff and/or with one or more outreach organizations. We have a number of
firms we recommend, and we would be happy to work with any in-house team
at the jurisdiction or with any firm or organization the jurisdiction selects.
Projects with this level of outreach are relatively rare, as most projects can be
handled by the jurisdiction's existing communications team using the samples,
templates and advice NDC provides.
Project Website
NDC provides all project materials in website -friendly formats for posting on
the jurisdiction's website. At no cost, NDC will provide project website samples
and website language for use on the jurisdiction's project website. But for
jurisdictions that prefer not to take on the challenge of creating and managing a
rapidly -changing project website, NDC will create, host, and update project
website (visit to see one such site — though note that site was created prior to
passage of the new AB849 requirements).
Page 23
NDC
C�.
�MRETi 7.i7'
Home
National Demographics Corporation
The City Council is asking for your help planning our City's change to by, district Council
e lections. Lake Forest, like over 60 cities and 150 school districts across the state, is making a
change in how voters elect the City Council;
Beginning in 2018, City Council member will be elected district by district, instead oft lie
current at -large, citywide elections in which all voters have the ability to vote lorall City
Council seats,
We need your help to make this change!
The piirnai y goal when drawing Council election districts is to drew lines that keep
neighborhoods together. So the Council wants to know: what do you consider the boundaries
ofyour neighborhood?
On October 3rd, the Council selected five'Yocus" maps, numbered So9, 11o, 115, 116
and 128. On November 7th, the Council requested eight new variations on" focus" maps
116 and 128. All of these maps are all available on the "Draft Maps" page.
More information will be posted to this page as the process moves forward.
Background on Online Mapping Tool Options
J Select Language
Next Steps
q
Tuesday, December (Regular
Council Meeting)
Council hearingtosolicit"input
regarding the content of the draft
maps and the proposed sequence of
elections." Council selection of a
map and introduction of ordinance.
Tuesday, December 19 (Regular
Council Meeting)
Second reading and final adoption
of ordinance
NDC is the unmatched leader in redistricting tools that empower residents to
review draft maps and to develop and submit their own map proposals. NDC is
the only firm that has used the online mapping solutions from both SSRI and
Caliper Corporation in major redistricting projects. And only NDC has
repeatedly trained members of the public, processed public map submissions,
and presented the public map proposals to public hearings and commission
meetings. NDC's online mapping tool options provide user support, hosting,
managing, and processing submitted plans for an online interactive system that
allows public to draw and submit proposed maps through a standard web
browser.
Page 24
NDCNational Demographics Corporation
In the more than 200 California local districting projects between 2012 and 2020,
NDC is the only consultant providing clients access to Caliper Corporation's
"Maptitude Online Redistricting" tool. Even with the technical challenges arising
from such tools' power and flexibility, NDC's training and encouragement
frequently results in 10, 20, 30 or more different maps drawn by residents of the
school district or city providing that tool to its residents.
Q ec Q 0
,c
" it tl,4 C
iff i � u
lonl OF
191 �• [.. u. r.=.
I.J I
-. .. rr.: x...41 %�. -• OrI1 J Peln
0 ..1 M. C—
F,
— , x
I 1. � ili• � r'. .� .% __ 444 . .
4 Fled Wirll Or "m �.. '�-' �--• - .
TTr ar
arr ]STS ]t< sv 1 ar--
- - -_ -fpr-' r. i l • •kl
}il f cl.♦KI�. � � 101
:1 I
f
IT!
me'
a] �i
Districts
�IIUICL ftpu4dwi
IMO&ICn
%(Wom "
IWpanc 'i AIlrpwlt NI
„
A! -
a Inl•.,
71..
4S4 17
Page 25
�nr.ltax
Tafgcl r
S..t,t '_I1J::iIn-
IRI
SCtectlan Cel9JS bled: •
R O❑O D
771CII.0 °1i:trlll :l: �
N.VkE
Pop"Irl'" 64!7
1",I V.1- �1•!r
0..letlCn I NT
T I„1.a1�Nl I:i 1`.
IH9prNc 1.c5�
I[]n.t,.n Mnluuc .
�lurwnK r• r.;
MN N1H 4]1L
Changes —
NDCNational Demographics Corporation
The other primary public mapping tool currently on the market is ESRI's online
districting tool. While easy to use, the ESR1 product currently takes a month or
more to deploy and typically costs significantly more. As a result, traditionally
only the largest jurisdictions with lots of project startup time have been able to
use it. The features and pricing of both products are currently being updated for
2021, and other vendors are working on potential additional options.
V-1 WW IAXVT ry VONTEA _r w 1'I afYMfl.r I WM.P WWII
- ., . .. v_�. ..
When it is time to start the project, NDC will work with each interested client to
determine which, if any, online mapping tool best meets the goals and budget of
the jurisdiction.
Page 26
NDCNational Demographics Corporation
Paper- and Excel -based Public Mapping Tools
While online mapping tools are
very popular, NDC never
forgets those residents who do
not have internet access or who
simply prefer to not drawing
maps online.
At no cost with every online
mapping tool, and as a separate
option for jurisdictions that for
budget or other reasons do not
include an online mapping tool,
NDC offers our "Public
Participation Kit." Each "Kit"
includes two formats.
The first, and most simple, Kit
is a one-page map showing
streets, city borders, and
population counts for NDC -
created "Population Unit"
geographic areas. Residents
draw the map they wish to
propose and add up the
population counts by hand
until they get the right
o lati n t i h
Public An onlm: "is -1 nl man 1!1.11
s'• ;M1 w' y,pq;; , ,dlovr5gnu to u,, :n and mut Imr
''�• t 7:nrn nmrr d„eul a, idahl, as 11 li...
Participation Kit 1 '"1 ' !rnm IUf tail; urbsur
• ..i;i ::. � 17]5 ,
liachuund7c•rindican•sthe.n,tal ��u+',•.. '-raa;�,.;K
population of that "population
� t . 1•
unit" arca. Lach district must have ` eec { }✓r t'•,
essenuall7 equal population.
'Phe populnlion of each ofI114- iit+'�E .illy
trvc districts must br elms to
'-44', with no more than a r;_''"r• - . E' •�'•
745 diffcrenec bemce77 the largest
and snwllesL.
�. ••~ 712
\xrntr coo '-:
... ............. .
.1,11 ... ..A
.............
Nhone nr email: } it •� Y f� • •,5
• •-(rlti,J 1.✓r-•[._
r i :,x :.,, •i
T
14 I•.i
i r. .rFr,.lt•. 'S1 2019
-IS• -: 71.1•
w7+ 5 a-:
L:
Pk- ora lhi,k d:a „loadIS� •-••
r— 1" d"',fm r n .r., :h: .-'' ''sS•LIIs -, 1
.nLwil it ,t Cin'fdin, q, • •t---" IrL
rpr ullanb:.. .x,55, ,r' -SL, , 1
1'11 6.,.,152'1, Glrnd.lr, CA 11221 e•.ti
1'n1 -. n M1acd-de4,-or, mad, iae, c a ..
u,l'.
�p
r ;;t
uu_.. V• :q•L.. G_ ung sl" Role CALIPP .t 1
V pu o coup n vac
district. All of the directions needed are right on the single -page form. Examples
of these tools, from our work for the City of Lake Forest, are available here:
https://drawlf.org/draw-a-map/.
The second form of offline mapping tool is for those residents who do not want
to deal with an online mapping tool, but who are already comfortable with
Microsoft Excel. NDC provides a similar simple one-page map of those same
"Population Units," but this time the map shows the Unit ID number rather
than the population count in that Unit. Residents then enter their preferred
district assignment for each Population Unit into the pre -formatted Excel
spreadsheet (also available on the Lake Forest website), and Excel calculates the
total population and demographics of each District. When the resident has the
map the way they like it, they simple email in the Excel file.
Page 27
A_Jvi(i2
NDC
Requested Payment terms:
National Demographics Corporation
NDC requests that one-half of the "Basic Project Elements" fee or the entire
"Still Balanced" project fee be paid following the decision on which project will
be undertaken, with the balance of the project costs paid at the conclusion of the
project.
Conclusion
Since its founding NDC has been the nation's preeminent company devoted to
local election systems. To summarize:
• NDC has more experience in the field of municipal political election systems
than any other company.
• NDC's experience and expertise has been recognized by our hundreds of
clients, the California League of Cities, the California School Board
Association, the California Special District Association, and the National
Conference of State Legislatures.
• NDC, founded in 1979, has a demonstrated record of financial solvency.
•. NDC's hardware and software resources were specially designed and acquired
for districting and redistricting purposes.
• 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 demonstrated experience over many years in working with the press
and media on local election system issues.
• Neither the Justice Department nor any Court has ever rejected any of the
hundreds of local government districting or redistricting plan submitted by
NDC.
NDC takes pride in 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.
NDC looks forward to the opportunity to work with you on this project.
Page 28
A-A-�J�
NDC
Proposal Acceptance
National Demographics Corporation
The terms of this proposal are available for 90 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.
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.
For National Demographics Corporation For City of Lodi
Douglas Johnson, President
Date
Page 29
Date
Appendix
Resumes of NDC President Dr. Douglas Johnson and
Vice President Dr. Justin Levitt are attached.
A client list and resumes of all NDC team members are
available at www.ndcresearch.com/about-us/.
Douglas Mark Johnson
P.O. Box 5271
Glendale, CA 91221
djohnson@NDCresearch.com
mobile: (310) 200-2058
office: (909) 624-1442
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 fork Tunes, "The Case for Open Primaries," February 19, 2009.
Los 1ng&s Tines 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 _'Lncrica. Rose Institute of State and Local Government, 2010.
Restoritt r the. Corn et Live Ed . Cali fo -r 'a's Need for Redis trictiag Reto.rrn and the Likel
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,: "Californios 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 Conference, Arizona League of Cities and Towns, Presenter at "Redistricting Law and the
Voting Rights :%ct: What It Means for Your City or Town in 2011," August 25, 2010.
Redistricting, The 2010 Census and Your Bud et, Sponsored by the Rose Institute of State and
Local Government, California League of Cities, October 15, 2009.
Adzona EI etinn Law 2010 Continuing l,e. gal Education Conference, "Communities of interest and
technology in redistricting," sponsored by the Arizona State Bar Association, March 2010
California's New Independent Redistricting (;cim ission, sponsored by the Irvine Foundation and
the California Redistricting Collaborative, December 15, 2009
Tribal Association of Sovereign Indian Nations,L"I ASIN) Legislative Day 20091 "The 2010 Census
and 2011 Redistricting in California," December 2, 2009.
Cahfornia_School Board Association, "Litigation Issues and the California Voting Rights Act,"
December 4, 2009.
Calnforni Latii-io School Boards Associatio , "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
Texas Tech Univer- , "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 T1 e -NeL rofitical
ger ra 2h y of Calif nu . 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 BatrtsingApproach 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 Politicallncorporation in Phoenix. ". Paper Presented at the New Political
Geography of California conference, Berkeley, CA., 2009
Justin Mark Levitt
`Political Change in the Central Valle". Paper Presented at the Western Political Science
Association conference, Las Vegas, NV.,2007
Worldng Papers
Hill, Seth, Thad Kousser, Alex Hughes, and Justin Levitt. ND. "Horn Competitzeness 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 Wlant: A Barguiaiirrg Approach. to Fair Division in Commission -
led Redistriclin,
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
Adjunct Professor—POSC 399 (California Politics Short Course) Present
University of California, San Diego, Department of Political Science
Co-Instructor—UPS 170 (Regional Governance Reconsidered) Spring 2015
Instructor—Poli 100A (The Presidency) Fall 2014
Instructor—Poli 160AA (Introduction to Public Policy Analysis) Fall 2013
Instructor—Poli 10 (Introduction to American Politics) Summer 2013
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) to submit the required insurance documentation electronically
Insurance Requirements for Professional Services
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages
to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the
Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1 Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including
products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than
$1,000,000 per occurrence If a general aggregate limit applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2 Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non -
owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit
of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant's profession, with limits not less than
$1,000,000 per occurrence or claim, $2,000,000 aggregate. May be waived by Risk Manager depending on the scope of services.
Other Insurance Provisions:
(a) Additional Named Insured Status
The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered
as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on
behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General
liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form
CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a
later edition is used
(b) Primary and Non -Contributory Insurance Endorsement
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For
any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG
20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained
by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute
with it.
(c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said
Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to
obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether
or not the City of Lodi has received a waiver of subrogation endorsement from the insurer
NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street,
Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp oiect
that it is insuring.
(d) 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
(e) 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.
Page 1 I of 2 pages Risk: rev. 3/1/2018
(f) 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. 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.).
(g) 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.
(h) Verification of Coverage
Consultant shall famish the City with a copy of the policy declaration and endorsement page(s), original certificates and
amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates
and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required
documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to
require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at
any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective
date.
(i) Self -Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may requlre the Consultant to provide proof of ability
to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall
provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named Insured or City.
(j) Insurance Limits
The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents,
representatives or subcontractors. Contractor's obllgation to defend, indemnify and hold the City and its officers, officials,
employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement
in the Agreement for Contractor to procure and maintain a policy of insurance.
(k) Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and
Consultant shall ensure that City is an additional insured on insurance required from subcontractors
(1) Claris Made Policies
If any of the required policies provide coverage on a claims -made basis:
1 The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the
contract of work.
3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior
to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after
completion of contract work.
(m) Qualified Insurer(s)
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.
Page 2 1 of 2 pages I Risk: rev. 3/1/2018
RESOLUTION NO. 2021-48
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
REDISTRICTING OF COUNCIL DISTRICTS
WHEREAS, on March 7, 2018, the City Council adopted Ordinance No. 1949 establishing
and implementing by -district elections; and
WHEREAS, the State of California Fair and Inclusive Redistricting for Municipalities and
Political Subdivisions (FAIR MAPS) Act requires the City to adopt new district boundaries after
each federal decennial census; 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 $40,000.
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 $40,000; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol
Manual (adopted 11/6/19, Resolution No. 2019-223), the City Attorney is hereby authorized to
make minor revisions to the above -referenced document(s) that do not alter the compensation
or term, and to make clerical corrections as necessary.
Dated: March 3, 2021
I hereby certify that Resolution No. 2021-48 was passed and adopted by the City Council
of the City of Lodi in a special meeting held March 3, 2021, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, Kuehne, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
ENNIFE USMIR
City Clerk
2021-48