HomeMy WebLinkAboutItem 13m - Contract with NDC for Demographic Services
DATE: June 15, 2021
TO: Honorable Mayor and City Council
FROM: Dominic Lazzaretto, City Manager
By: Michael Bruckner, Deputy City Manager
SUBJECT: CONTRACT WITH NATIONAL DEMOGRAPHICS CORPORATION FOR
PROFESSIONAL DEMOGRAPHER SERVICES RELATED TO STATE
MANDATED REVIEW OF VOTER DISTRICT BOUNDARIES IN AN
AMOUNT NOT TO EXCEED $40,000
Recommendation: Approve
SUMMARY
As a result of the 2020 Census, the City of Arcadia is required to review new population
data and to rebalance its districts. Per the Election’s Code, the City Council is required
to adopt a new map or, if appropriate, readopt the existing map by Ordinance following
a series of public hearings. The City Council districts must be “substantially equal in
population” based upon the results of the 2020 Census. The districts are also required
to comply with the United States Constitution, the California Constitution, and the
federal Voting Rights Act of 1965. Given the complexities of creating and adopting
voting districts that are in compliance with federal and state laws, it is recommended
that the City retain the services of a professional demographer to assist the community
in determining fair, balanced, understandable, and defendable City Council districts.
Therefore, it is recommended that the City Council approve, authorize, and direct the
City Manager to execute a Contract with National Demographic Corporation (“NDC”) for
Demographer Services in an amount not to exceed $40,000.
BACKGROUND
On July 21, 2017, the City Council adopted Resolution No. 7179, a resolution declaring
the City’s intent to transition from at-large to district-based elections. After holding a
series of required public hearings, on October 17, 2017, the City Council adopted
Ordinance No. 2350 establishing by-district elections, defining district boundaries, and
scheduling elections within the districts. Two subsequent elections have been held
using the district format, with all five seated Council Members now representing specific
districts of the community (Attachment A).
Contract with National Demographic Corporation for Professional Demographer
Services
June 15, 2021
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Cities that use district voting systems are required to update their adopted district
boundaries in conjunction with each decennial Census to ensure that the districts
remain numerically and demographically balanced. As a result of the 2020 Census, the
City of Arcadia is required to review new population data and to rebalance its districts.
The canvassing for the 2020 Census was completed last year; however, the US Census
Bureau recently announced that it will deliver the final data to all states by September
30, 2021, which is six months later than the statutory deadline of March 31, 2021.
Additionally, the State of California will take another month to review the Census data to
incorporate certain state-specific information – resulting in a practical arrival date in
early October 2021.
Under the State’s Fair Maps Act, the City must then hold at least four public hearings for
the community to provide input regarding the composition of the districts. This entire
hearing process would take approximately 60-90 days to complete. Further, the Fair
Maps Act requires that the new district maps be adopted at least 174 days prior to the
election. The next regularly scheduled municipal election is November 1, 2022, which
requires the City to adopt maps no later than May 11, 2022. Assuming that there are no
further delays, the City will have sufficient time to complete the redistricting process.
DISCUSSION
State law requires that the City review districts or “redistrict” following each decennial
census. Per the Election’s Code, the City Council is required to adopt a new or readopt
the existing map, if appropriate, by Ordinance following a series of public hearings, to
include:
• At least one public hearing before the City Council draws a draft map or maps of
the proposed district boundaries.
• At least two public hearings after the City Council has drawn a draft map or maps
of the proposed district boundaries.
• At least one public hearing or public workshop on a Saturday, on a Sunday, or
after 6:00 p.m. on a weekday, Monday through Friday.
• The City Council may have City staff or a consultant conduct one or more of
public workshops in lieu of holding one of the four required public hearings.
• If a public hearing is consolidated with a regular or special meeting of the City
Council, that includes other substantiative agenda items, the public hearing
shall begin at a fixed time regardless of its order on the agenda, except that
the City Council may first conclude any item being discussed or acted upon,
including any associated public comment, when that time occurs.
Contract with National Demographic Corporation for Professional Demographer
Services
June 15, 2021
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• The time of the public hearing shall be noticed to the public.
• The City Council may establish an Advisory Redistricting Commission to hold the
required public hearings instead of the Council.
The new City Council districts must be “substantially equal in population” based upon
the results of the 2020 Census. The districts are also required to comply with the United
States Constitution, the California Constitution, and the federal Voting Rights Act of
1965. Given the complexities of creating and adopting voting districts that are in
compliance with federal and state laws, it is recommended that the City retain the
services of a professional demographer to assist the community in determining fair,
balanced, understandable, and defendable City Council districts.
National Demographics Corporation (“NDC”) has submitted a proposal (Attachment B)
to the City to assist in the redistricting process. NDC has more than 40 years of
experience districting and redistricting cities, school districts, and other local
jurisdictions across California, including the City of Arcadia’s initial transition to district
elections in 2017. NDC has also performed similar work for the Cities of Pasadena,
South Pasadena, Duarte, Glendora, Claremont, and West Covina.
NDCs proposal and scope of work includes a base cost plus an addition per diem for in
person or virtual meetings. In addition, NDC can provide a project website and online
mapping tools as part of their community engagement process to assist the community
and City Council with the map development process. All told, these services are not
expected to exceed $40,000. An appropriation for this amount is included in the City
Clerk’s Office Fiscal Year 2021-22 proposed operating budget and a copy of the
proposed contract is included as Attachment C.
It should also be noted that the existing map may still meet equal population, Voting
Rights Act, and Fair Maps Act requirements using the 2020 Census data. Cities that
meet these criteria with existing maps may retain their maps without drawing new maps
or holding public hearings. This service is also included as an alternative in NDC’s
proposal and would bring the expected cost down to $4,500 plus costs to attend any
desired Council Meetings to discuss this approach and findings.
FISCAL IMPACT
Funding for this project in the amount of $40,000 is included in the Fiscal Year 2021-22
City Clerk’s Office operating budget.
ENVIRONMENTAL ANALYSIS
Contract with National Demographic Corporation for Professional Demographer
Services
June 15, 2021
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The proposed actions do not constitute a project under the California Environmental
Quality Act (“CEQA”), based on Section 15061(b)(3) of the CEQA Guidelines, as it can
be seen with certainty that they will have no impact on the environment. Thus, these
matters are exempt under CEQA.
RECOMMENDATION
It is recommended that the City Council determine that this action is exempt under the
California Environmental Quality Act (“CEQA”); and to approve, authorize, and direct the
City Manager to execute a Contract with National Demographic Corporation (“NDC”) for
Professional Demographer Services related to State mandated review of voter district
boundaries in an amount not to exceed $40,000.
Attachment: A. Adopted City Council District Maps
B. NDC Proposal
C. Proposed Contract
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Council Districts
City Boundary
Ü00.5Mile sData Sources : City of Arcadia, 2017.
Cou ncil District City of Arcadia, California
National Demographics Corporation
Phone: (818) 254-1221 P.O. Box 5271 info@NDCresearch.com
FAX (818) 254-1221 Glendale, CA 91221 www.NDCresearch.com
A Proposal to Arcadia
for Demographic Services
By National Demographics Corporation
Douglas Johnson, President
February 25, 2021
National Demographics Corporation
Page 1
February 25, 2021
Mr. Thomas Rice
City of Arcadia
c/o Best Best and Krieger LLP
2855 E. Guasti Rd., Suite 400
Ontario, CA 91761
Dear Mr. Rice,
Thank you for the opportunity to provide this proposal to Arcadia. 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 work for Pasadena, South Pasadena, Duarte,
Glendora, Claremont and West Covina (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,
Douglas Johnson
President
National Demographics Corporation
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Table of Contents
Brief History of National Demographics Corporation ........................................... 3
Company Philosophy .................................................................................................... 4
Professionalism .................................................................................................. 4
Partnership .......................................................................................................... 4
Local Leadership and NDC’s Non-Partisan Approach ............................... 4
Openness ............................................................................................................. 5
Public Engagement ............................................................................................ 5
Project Software ................................................................................................. 6
NDC Approach to Public Engagement ..................................................................... 6
The Three E’s of Public Participation: Engage, Educate, and Empower 6
Sample Public Participation Mapping Tool ................................................... 7
Sample Online Mapping Tool ......................................................................... 8
Sample NDC “Interactive Review Map” (used to view and evaluate, not
to draw, maps) .................................................................................................... 8
The NDC Team ............................................................................................................. 9
NDC Current Organization Chart .................................................................. 9
Recognition of NDC’s Expertise .............................................................................. 10
NDC Testimonials ...................................................................................................... 14
Impeccable References ............................................................................................... 16
Summary Scope of Work ........................................................................................... 16
Detailed Project Scope of Work ............................................................................... 17
Details of Optional Project Elements ...................................................................... 21
Advisory or Independent Redistricting Commissions ............................... 21
Outreach Assistance ........................................................................................ 21
Project Website ................................................................................................ 21
Background on Online Mapping Tool Options ......................................... 22
Paper- and Excel-based Public Mapping Tools .......................................... 25
Project Pricing .............................................................................................................. 26
Other Potential Project-Related Expenses: ............................................................. 26
Additional Analysis ...................................................................................................... 27
Requested Payment terms: ......................................................................................... 27
Exception: “Still Balanced” Jurisdictions ................................................................. 27
Conclusion .................................................................................................................... 28
Proposal Acceptance ................................................................................................... 29
Resumes of NDC President Dr. Douglas Johnson and
Vice President Dr. Justin Levitt ..................................................................... 30
National Demographics Corporation
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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.
National Demographics Corporation
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Company Philosophy
Professionalism
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.
National Demographics Corporation
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A common question in many redistricting projects is 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. 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.
National Demographics Corporation
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Project Software
NDC uses Caliper Corporation’s Maptitude for Redistricting software for
processing public map submissions and drawing NDC’s draft maps and Board-
directed revisions. Maptitude for Redistricting can open and use the standard
“Shapefile” and “File Geodatabase” GIS data formats, and Maptitude for
Redistricting can export all files to “Shapefile” and “File Geodatabase” formats.
NDC uses ESRI’s ArcGIS Online to present those maps for Board, Staff and
Public review in an easy-to-use, interactive format. NDC also uses ArcGIS Pro
for some specialized Geographic Information System (GIS) analysis; for opening
and reviewing data received from clients or from other jurisdictions; and when
needed for final map post-adoption processing for delivery to the jurisdiction
and to the County Registrar. Microsoft PowerPoint is also used for many
presentations, though NDC is currently experimenting with a possible move to
ESRI’s “Story Maps” for some presentations.
NDC Approach to 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.
National Demographics Corporation
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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.
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
National Demographics Corporation
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Sample Online Mapping Tool
Sample NDC “Interactive Review Map”
(used to view and evaluate, not to draw, maps)
National Demographics Corporation
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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/.
NDC Current Organization Chart
NDC President Douglas Johnson, Ph.D.
NDC Vice President Justin Levitt, Ph.D.
Senior Consultants Shalice Tilton
Robert McEntire, Ed.D.
Jeff Tilton, Ed.D.
Consultants Kristen Parks
Daniel Phillips, Ph.D.
Shannon Kelly
Jeff Simonetti
Todd Tatum
Ivy Beller Sakansky
Douglas Yoakam
Records Manager Michele Lewis
National Demographics Corporation
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Recognition of 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 Voting Age Data from a line-drawer's viewpoint
2. Communities of Interest in Redistricting: A key to drawing 2011 plans (and
for their defense)
3. The Key to Successful Redistricting
4. Communities of Interest In Redistricting: A Practical Guide
5. The Arizona Independent Redistricting Commissions' experiences 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:
General Meeting panel: 2006 and 2015
Executive Forum panel: 2018 and 2020
City Clerk Department panel: 2014, 2017, 2018, twice in 2019, and 2020
City Manager Department panel: 2015 and 2019
City Attorney Department panel: 2018
National Demographics Corporation
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Inland Empire Chapter presentation: 2016
South Bay Chapter presentation: 2020 and 2021
Recognition by Additional California Organizations
Other California organizations and conferences since 2011 recognizing NDC’s
expertise in this field include:
2020 California County
Counsel Assoc.
2021 Redistricting - What Local
Government Attorneys Need to Know
2020 “Voice of San
Diego” Politifest
Redistricting--What it means for our
community
2020
County Committee
Secretaries Annual
Summit
The California Voting Rights Act
2020
Rose Institute of
State and Local
Government
2021 Redistricting: New Rules for California
Local Governments
2020 California Special
Districts Association
California Voting Rights Act Challenge
Factors
2020
Associated Cities of
California – Orange
County
2021 Redistricting: The Rules have Changed
2020 California Municipal
Law Conference
Municipal Redistricting in 2021: New Rules
of the Road
2019
California
Association of
School Business
Officials
Transitioning to By-Trustee-Areas Elections
2019 USC City/County
Fellowship Program
The Challenges of Municipal Election
Districts
2019 California Special
Districts Association
District Elections and the California Voting
Rights Act
2018 California Special
Districts Association
Converting From At-Large to By-District
Elections Under the California Voting
Rights Act
2018 Riverside County
Bar Assoc.
Redistricting and the California Voting
Rights Act
2018 California School
Board Assoc.
Voter Districts: The Link Between Strong
Community Engagement and a Successful
Process
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2017 California School
Board Assoc.
15 Years with the California Voting Rights
Act: Lessons Learned and Challenges Ahead
2017
UC’s National Public
Service Law
Conference
Moderator, “Voting Rights 101”
2016
Los Angeles County
School Business
Officials
CVRA: What CBO’s Need to Know
2016
Los Angeles County
School Trustees
Assoc.
The CVRA: What School Board Members
Need to Know
2015
Associated Cities of
California – Orange
County
The California Voting Rights Act
2015 California School
Board Assoc.
The California Voting Rights Act: What
Board Members Must Know
2015
Los Angeles County
School Boards
Assoc.
CVRA & Districting: The Demographer’s
Perspective
2011 Channel Cities Club Lunch Keynote: “California's next
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.
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
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2015/16 Castaic Lake Water Agency and Newhall County Water District
merger
2015/16 City of Corona Charter Revision
2011/12
Pasadena Unified advisor to Charter Revision Commission
creating a redistricting commission and moving District to by-
district elections
2009/10 City of Menifee advisor to by-district-elections ordinance
language committee
2006-08
City of Modesto advisor to Charter Revision Commission
creating an independent redistricting commission and public
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 Phillip 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 Jauregui et al vs City of Palmdale
2014 Diego v City of Whittier
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
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NDC Testimonials
Here is a sampling of what people have to say about NDC:
“Our decision to work with National Demographics came out of our
extraordinary city-wide success in 2015 with their work designing the original
districts. I think anyone who participated in that process realized that the
technical solutions they created opened access to literally dozens of people
creating their own maps and it created a vibrant process.”
Santa Barbara City Attorney Ariel Calonne
“Here's a great expert. . . . today you bring him in for what sounds like 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, Legislative, Los Angeles County and Los
Angeles City redistricting maps on behalf of the Latino Caucus and grassroots
Latino organizations for over 30 years. Douglas Johnson is one of the top
redistricting experts in California, and he is who I would pick to draw a map for
me anywhere in the state.”
Alan Clayton, retired Executive Director of the Los Angeles County
Chicano Employees Association
“The excel spreadsheet is a fantastic tool. Just plug in the letter by district and
on the tab see a running total of population by assigned district. It's cool.”
Modesto resident’s comment, June 16, 2008
“One of the first, 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 primary consultants. I have never had the
opportunity to work with a more highly qualified, hard-working, dedicated,
professional and classy individual or group than Mr. Johnson and his associates
at NDC.”
Jim Huntwork, Arizona Independent Redistricting Commissioner
(Republican)
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“In addition to his technical expertise, Doug had a keen sense of how to help us
navigate the complexities of the process. He understands redistricting better than
any person I know. He has a unique ability to synthesize that which is very
complicated and make it very understandable for the public. He 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
Independent redistricting effort in Arizona. Doug and his staff were professional,
efficient, responsive, and even-handed. They listened 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 of your 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 of you 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 of you. “
Jennifer Williams, Ed. D., Fullerton Joint Union High School District,
Executive Director Administrative Services
“Thank you for taking time out of your busy schedule to participate in the City
Official Roundtable I hosted on the 2020 U.S. Census at the Redondo Beach
Performing Arts Center. I appreciate that you shared your expertise on the
Census to the government officials who were present. It is critical that we work
together to ensure that everyone is counted in the upcoming Census.”
Ted W. Lieu, Member of Congress, California 33rd District.
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Impeccable References
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.k12.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.
Summary Scope of Work
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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.
March - May
Project Planning and decisions on public mapping
tools, whether to use a commission, and other
project options. Begin project communications
and outreach.
May – September
Any mapping tools prepared with preliminary
population data; initial pre-draft-map hearing(s)
held.
October - January
Census data received and processed; draft maps
prepared, considered, and revised (in hearings
and, if desired, less formal public workshops)
January - April Final plan revisions made and plan adopted and
implemented.
Detailed Project Scope of Work
March – May, 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.
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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.
May – September, 2021: Initial Data Analysis and Initial Hearings / Forums
h. NDC prepares total population estimates for use in initial hearings and any
public mapping tools.
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 report 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 / homeowners, and single-family
/ multi-family residences).
l. NDC report is circulated to the jurisdiction and into the project outreach
messaging.
m. Hearings / Forums: 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. 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.
o. If the optional public mapping tools and/or Public Participation Kit are
included in the project, their use is demonstrated to the public.
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p. 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.
q. 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.
r. Outreach efforts continue with messaging to the public, with special focus
on community groups with an interest in the redistricting.
October – January, 2021: Draft Mapping Time
s. 2020 Census total population counts released and California Statewide
Database completes “prison adjustments” of the data. Total population
counts in outreach materials and mapping tools are updated with the official
Census data.
t. 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.
u. 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.
v. 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).
w. 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.
x. 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.
y. 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.
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z. 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.
aa. Time provided 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.
January – April, 2022: Map Adoption
bb. Any new or revised maps, related demographics, and summaries are posted
on the project website.
cc. 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.
dd. One or more hearings are held to continue the review and refinement of the
focus maps and, ultimately, adopt the final map.
ee. Outreach continues to inform residents and community groups of the
progress of the project, opportunities for future participation, and,
ultimately, which map is adopted.
ff. 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.
gg. NDC works with the jurisdiction staff to ensure preservation of all project
data and records, including GIS-format versions of the adopted map.
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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 often work with, and
highly recommend, Tripepi-Smith, and some information on the services they
offer is included at the end of this proposal. And we would be happy to work
with any in-house team at the jurisdiction or with any firm or organization the
jurisdiction selects. Many projects can be handled by a jurisdiction’s in-house or
regular outreach and communications teams (with samples and topic expertise
provided by NDC), but a number of jurisdictions seek supplemental outside
communications assistance.
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).
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Background on Online Mapping Tool Options
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 ESRI and
Caliper Corporation in major redistricting projects.
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.
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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.
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The other primary public mapping tool currently on the market is ESRI’s
online districting tool. While easy to use, the ESRI product costs significantly
more. As a result, traditionally only the largest jurisdictions have been able to
afford it.
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.
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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
population count in each
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.
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Project Pricing
1. Basic Project Elements (covers everything except for per-meeting and
optional expenses): .......................................................................................... $ 19,000
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
b) Online mapping tool options:
Caliper’s “Maptitude Online Redistricting” (MOR) .............. $ 6,000
Tuft University’s “DistrictR” .................................................... $ 3,000
ESRI Redistricting ................................................................................. *
c) Public Participation Kit mapping tool:
i. With MOR or ESRI online mapping tool .......... incl. at no add’l charge
ii. Without MOR or ESRI online mapping tool ......................... $ 3,000
d) Working with independent or advisory redistricting
commission ....................................................................... no additional charge
e) Additional outreach assistance ...................................... separately contracted
* ESRI prices its software on a jurisdiction-by-jurisdiction basis. The lowest prices we have
seen are $80,000 and up. If that is an option the jurisdiction would like to pursue, NDC will
request a specific price for your jurisdiction from ESRI.
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.
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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.
Requested Payment terms:
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.
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.
Includes all the services listed below: .............................................................. $ 4,500
Compile total population and Citizen Voting Age Population data.
Import existing election area lines.
Compile population data by election area and calculate population deviations, prepare
memo summarizing findings.
“Still Balanced” optional project elements and per-meeting expenses
Meeting attendance and optional project elements are not included in the
“minimal change” project base fee. If requested, NDC team members participate
in “minimal change” project hearings or forums at the same “per meeting”
expenses, and optional project elements are provided at the same prices listed
for a standard project in the previous section of this proposal.
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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.
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Proposal Acceptance
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 Arcadia
Douglas Johnson, President
Date 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 mobile: (310) 200-2058
Glendale, CA 91221 office: (909) 624-1442
djohnson@NDCresearch.com fax: (818) 254-1221
Employment
President, National Demographics Corporation, 2006 – present.
Senior Analyst, National Demographics Corporation, 2001 – 2006.
Fellow, Rose Institute of State and Local Government, 2001 – present.
Project Manager and Senior Manager at three internet startup companies, 1999 - 2001.
U.S. Representative Stephen Horn, Legislative Director and System Manager. 1993 – 1997.
Coro Foundation, Fellowship in Public Affairs. 1992 – 1993.
Rose Institute for State and Local Government, Student Manager. 1989 – 1992.
Education
Claremont Graduate University, Ph.D. in Political Science, 2015. Dissertation: “Independent
Redistricting Commissions: Hopes and Lessons Learned.”
UCLA Anderson Graduate School of Management, MBA, 1999.
Claremont McKenna College, BA in Government (Political Science), 1992.
Academic Honors
Graduated Cum Laude from Claremont McKenna College.
Phi Beta Kappa. Philip Roland Prize for Excellence in Public Policy.
Publications and Articles
Christian Science Monitor “Let the public help draw voting districts,” October 25, 2013.
New York Times, "The Case for Open Primaries," February 19, 2009.
Los Angeles Times Opinion Articles:
“A neighbor’s help on redistricting” June 24, 2007.
“A Trojan horse primary for the GOP” February 25, 2007.
“Where a porn palace stood” (article on redevelopment), July 30, 2006.
Fresno Bee Opinion Article: “The Poison Handshake” June 15, 2004.
Redistricting in America. Rose Institute of State and Local Government, 2010.
Restoring the Competitive Edge: California's Need for Redistricting Reform and the Likely
Impact of Proposition 77. Rose Institute of State and Local Government, 2005.
"Competitive Districts in California" Rose Institute of State and Local Government, 2005.
Latinos and Redistricting: “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 Act: What It Means for Your City or Town in 2011," August 25, 2010.
Redistricting, The 2010 Census, and Your Budget, Sponsored by the Rose Institute of State and
Local Government, California League of Cities, October 15, 2009.
Arizona Election Law 2010 Continuing Legal Education Conference, "Communities of interest and
technology in redistricting," sponsored by the Arizona State Bar Association, March 2010
California's New Independent Redistricting Commission, sponsored by the Irvine Foundation and
the California Redistricting Collaborative, December 15, 2009
Tribal Association of Sovereign Indian Nations (TASIN) Legislative Day 2009, "The 2010 Census
and 2011 Redistricting in California," December 2, 2009.
California School Board Association, "Litigation Issues and the California Voting Rights Act,"
December 4, 2009.
California Latino School Boards Association, "Introduction to the California Voting Rights Act,"
August 20, 2009.
Building a National Reform Movement, Salt Lake City, Utah, 2006, conference on redistricting
reform hosted by the League of Women Voters, Campaign Legal Center, and The Council for
Excellence in Government
Texas Tech University, “A Symposium on Redistricting,” May, 2006
California League of Cities, "Introduction to the California Voting Rights Act."
Voices of Reform, a project of the Commonwealth Club of San Francisco: multiple forums on
redistricting and / or term limits, 2006 – 2007
Classroom speaker at Pepperdine University, the University of La Verne, Pomona College and
Claremont McKenna College
Justin Mark Levitt
P.O. Box 5271 mobile: (480) 390-7480
Glendale, CA 91221 office: (818) 254-1221
jlevitt@NDCresearch.com fax: (818) 254-1221
Employment
Vice-President, National Demographics Corporation, 2012 – present.
Senior Analyst, National Demographics Corporation, 2003 – 2011.
Instructor in Political Science, University of California, San Diego, 2012 – present.
Graduate Research Fellow, Center for US-Mexico Studies, 2010 – present.
Graduate Research Fellow, University of California, San Diego, 2008 – 2010 and 2013 – 2014.
Jesse M. Unruh California Assembly Fellow. 2006 – 2007.
Rose Institute for State and Local Government, Student Manager. 2005 – 2006.
Education
University of California, San Diego, Ph.D. Political Science, 2016. Dissertation title: “The Impact
of Geographic Patterns on Tradeoffs in Redistricting.”
Claremont McKenna College, BA in Philosophy, Politics and Economics (PPE), 2006.
Academic Honors
California Studies Fellow, University of California, San Diego, 2007 – 2009
Graduated Cum Laude from Claremont McKenna College.
Publications and Conference Presentations
Settle, Jamie, Robert Bond, and Justin Levitt. 2011. “The Social Origins of Adult Political
Behavior.” American Politics Research: 39 (2). 239-263
Miller, Kenneth and Justin Levitt. 2007. “The San Joaquin Valley.” In The New Political
Geography of California. Eds. Frederick Douzet, Thad Kousser, and Kenneth Miller. Berkeley:
Institute of Government Studies.
“The Political Geography of Tradeoffs in Redistricting” Paper presented at the State Politics and
Policy Conference, Iowa City, IA, 2013
Getting What You Want: A Bargaining Approach to Fair Division in Redistricting. Paper presented at the
“Challenging Urban Borders : the geopolitics of immigration and segregation” workshop,
Berkeley, CA, 2013 and the State Politics and Policy Conference, Houston, TX, 2012
“An Atlas of Public Health in Mexico” (with Alberto Diaz Cayeros). Paper presented at the
Hewlett Foundation Conference on Public Health, Mexico City, DF. 2012
“Remoteness and the Territoriality of Public Health” (with Alberto Diaz Cayeros).
Paper presented at the American Political Science Association conference, Seattle, WA. 2011
“Initiatives as revealed preferences”
Paper presented at the American Political Science Association conference, Seattle, WA. 2011
“No Se Puede: Latino Political Incorporation in Phoenix.”. Paper Presented at the New Political
Geography of California conference, Berkeley, CA., 2009
Justin Mark Levitt
“Political Change in the Central Valley”. Paper Presented at the Western Political Science
Association conference, Las Vegas, NV.,2007
Working Papers
Hill, Seth, Thad Kousser, Alex Hughes, and Justin Levitt. ND. “How Competitiveness Shapes
Infrequent Primary Voters Response to Receiving a GOTV Mailer.”
Diaz-Cayeros, Alberto and Justin Levitt. ND. “Remoteness and the Territoriality of Public Health.”
Levitt, Justin. ND. “Getting What You Want: A Bargaining Approach to Fair Division in Commission-
led Redistricting.”
Teaching Experience
California State University, Long Beach, Department of Political Science
Adjunct Professor—POSC 327 (Urban Politics) Spring 2016-Present
Adjunct Professor—POSC 229 (Cases in Policy Analysis) Present
Adjunct Professor—POSC 412 (Law and Social Change) Spring 2016-Present
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
Redistricting with Tripepi Smith
By-district elections are becoming increasingly common in local government agencies
throughout California. The California Voting Rights Act, passed in 2001, was the impetus for
much of this change. Today, more than 300 local government agencies have districts of some
form, and the number continues to rise as local government agencies are compelled to settle
lawsuits or avoid legal battles.
About Tripepi Smith and Our Redistricting Team
Tripepi Smith is a team of 23 communications experts—robust enough to offer experienced
and effective professionals for the job, yet small enough to be nimble and responsive. Tripepi
Smith offers a spectrum of skills that allows us to match the appropriate resource to the task at
hand, letting us execute faster and reduce engagement costs. These resources vary by both
years of experience and core hard skills (public policy versus graphic design versus
videography versus writing versus social media, for example).
Tripepi Smith is experienced in helping local governments execute community education and
outreach initiatives for district formation and redistricting processes. We have worked
extensively with agencies on their district public forums, created districting information portals
and organized a conference on local redistricting for nearly 200 local government practitioners.
The combined talent of our policy experts, in-house design team and videographers delivers
professional communications that make our clients proud and better inform the public about
this complex process. Tripepi Smith has the skills and experience to help local governments
implement successful outreach strategies for district formation and redistricting outreach. The
team’s skills and certifications range from excellent written communication skills to Tableau for
data analytics to Google Ads to event planning and project management.
Tripepi Smith Redistricting Services
California State law has identified outreach as a core component of the redistricting process.
The Tripepi Smith team can provide jurisdictions with some or all of the following services:
Get in touch with Tripepi Smith President Ryder Todd Smith
(626.536.2173 | Ryder@TripepiSmith.com) to start planning.
Project Management
Tripepi Smith can facilitate all project calls for this engagement and create a living agenda to
manage the efforts and timing between the demographer, legal counsel, City and Tripepi
Smith from the beginning of the outreach process to the map adoption.
In-Person Meetings
If possible with COVID-19 limitations, Tripepi Smith can coordinate with City staff to identify
venues and dates to host in-person workshops and meetings to seek public feedback on new
district lines and provide information on map-drawing tools. Tripepi Smith can devise an
agenda, facilitate discussions, document community feedback and promote positive
engagement around the process. Additionally, Tripepi Smith can provide graphic design
services to create bilingual PowerPoint decks for the presentations and flyers for attendees. We
can coordinate simultaneous translation with local partners.
Tripepi Smith can also facilitate recording the meetings and provide videos, with any relevant
slides interspersed and closed captions. These videos would likely fulfill the requirement to
post a summary of the meeting.
Virtual Meetings
Tripepi Smith can also coordinate and facilitate virtual meetings and workshops to seek public
feedback and educate residents on map-drawing tools. Tripepi Smith can also work with City
staff to promote the meetings and to leverage our identified outreach and advertising work to
promote meeting participation. Our videographers can process recordings of the meetings to
fulfill posting requirements.
Press Release/News Article for Website
Tripepi Smith can draft press releases on the jurisdiction’s redistricting efforts and manage
media relations to promote each step in the redistricting process reaches local and broad-
reaching media.
Creation and Updates to Bilingual Redistricting Website
Tripepi Smith can create and maintain a bilingual redistricting website or subpages in
coordination with the demographer. The website/pages would include resources for the
community, including all required information about meetings and draft maps.
Social Media Support
Tripepi Smith can create bilingual copy and graphics for social media posts about the
redistricting process, as well as boost posts (paid advertising) on Facebook and Instagram to
help spread the word about meetings and solicit public commentary.
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CITY OF ARCADIA
PROFESSIONAL SERVICES AGREEMENT REGARDING
PROFESSIONAL DEMOGRAPHER SERVICES
This Agreement is made and entered into as of July 1, 2021 by and between the City of
Arcadia, a municipal corporation organized and operating under the laws of the State of California
with its principal place of business at 240 West Huntington Drive, Arcadia, California 91066
(“City”), and National Demographics Corporation, a Corporation with its principal place of
business at 1520 N Pacific Ave, Glendale, California 91202 (hereinafter referred to as
“Consultant”). City and Consultant are sometimes individually referred to as “Party” and
collectively as “Parties” in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
City Council District Redistricting (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit “A.”
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit “B.”
b. In no event shall the total amount paid for services rendered by Consultant
under this Agreement exceed the sum of $40,000 (Forty Thousand Dollars). This amount is to
cover all printing and related costs, and the City will not pay any additional fees for printing
expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes
a detailed description of the work performed. Payments to Consultant for work performed will be
made on a monthly billing basis.
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations
with the other party indicate that a change is warranted, it shall be processed in the following
manner: a letter outlining the changes shall be forwarded to the City by Consultant with a
statement of estimated changes in fee or time schedule. An amendment to this Agreement shall
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be prepared by the City and executed by both Parties before performance of such services, or
the City will not be required to pay for the changes in the scope of work. Such amendment shall
not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during the
contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5. Term
The term of this Agreement shall be from July 1, 2021 to June 30, 2022, unless earlier
terminated as provided herein. The Parties may, by mutual, written consent, extend the term of
this Agreement if necessary to complete the Project. Consultant shall perform its services in a
prompt and timely manner within the term of this Agreement and shall commence performance
upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to
Proceed shall set forth the date of commencement of work.
Consultant shall perform its services in a prompt and timely manner and shall commence
performance upon receipt of written notice from the City to proceed (“Notice to Proceed”).
Consultant shall complete the services required hereunder within the statutory deadline required
for the November 1, 2022 election to adopt new City Council district maps. The Notice to Proceed
shall set forth the date of commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not limited
to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil
disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or
judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of
hazardous and toxic substances spilled as a result of his or her services or operations performed
under this Agreement.
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8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract until
it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance
of all work under this Agreement, in amounts not less than specified herein, Commercial General
Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Agreement
(8) Property Damage
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(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured
against another; (3) products/completed operations liability; or (4) contain any other exclusion
contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status using ISO endorsement forms CG 20 10
10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and with
insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section
3700 of the California Labor Code which requires every employer to be insured against liability
for workers’ compensation or to undertake self-insurance in accordance with the provisions of
that code, and he/she will comply with such provisions before commencing work under this
Agreement.
(ii) To the extent Consultant has employees at any time during the term
of this Agreement, at all times during the performance of the work under this Agreement, the
Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
“Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period
required by this Agreement, workers’ compensation coverage of the same type and limits as
specified in this section.
d. Professional Liability (Errors and Omissions)
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At all times during the performance of the work under this Agreement the Consultant shall
maintain professional liability or Errors and Omissions insurance appropriate to its profession, in
a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and
shall be written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant. “Covered Professional Services” as designated in the policy must
specifically include work performed under this Agreement. The policy must “pay on behalf of” the
insured and must include a provision establishing the insurer's duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence
of insurance from an insurer or insurers certifying to the coverage of all insurance required
herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent)
signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or
equivalent), together with required endorsements. All evidence of insurance shall be signed by
a properly authorized officer, agent, or qualified representative of the insurer and shall certify the
names of the insured, any additional insureds, where appropriate, the type and amount of the
insurance, the location and operations to which the insurance applies, and the expiration date of
such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the Consultant
shall provide at least ten (10) days prior written notice of cancellation of any such policy due to
non-payment of premium. If any of the required coverage is cancelled or expires during the term
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of this Agreement, the Consultant shall deliver renewal certificate(s) including the General
Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective
date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant’s policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three years after the completion of the work under this Agreement. Consultant
shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the
policy is replaced by another claims-made policy with a retroactive date subsequent to the
effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City
and shall not preclude the City from taking such other actions available to the City under other
provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code
or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Consultant pursuant to this Agreement, including but not limited to, the
provisions concerning indemnification.
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(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have provided
evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or
subconsultants shall be endorsed to name the City as an additional insured using ISO form CG
20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant,
City may approve different scopes or minimum limits of insurance for particular subcontractors
or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel
of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and
agents free and harmless from any and all claims, demands, causes of action, costs, expenses,
liability, loss, damage or injury of any kind, in law or equity, to property or persons, including
wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or
omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors,
consultants or agents in connection with the performance of the Consultant’s services, the Project
or this Agreement, including without limitation the payment of all damages, expert witness fees
and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials,
officers, employees, agents, or volunteers.
b. To the extent required by Civil Code section 2782.8, which is fully
incorporated herein, Consultant’s obligations under the above indemnity shall be limited to claims
that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant, but shall not otherwise be reduced. If Consultant’s obligations to defend, indemnify,
and/or hold harmless arise out of Consultant’s performance of “design professional services” (as
that term is defined under Civil Code section 2782.8), then upon Consultant obtaining a final
adjudication that liability under a claim is caused by the comparative active negligence or willful
misconduct of the City, Consultant’s obligations shall be reduced in proportion to the established
comparative liability of the City and shall not exceed the Consultant’s proportionate percentage
of fault.
13. California Labor Code Requirements.
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a. Consultant is aware of the requirements of California Labor Code Sections
1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the
performance of other requirements on certain “public works” and “maintenance” projects
(“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public
works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total
compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration,
demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage
Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon
the Consultant and all subconsultants to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775),
employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code
Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment
of contractors and subcontractors (Labor Code Section 1777.1).
b. If the services are being performed as part of an applicable “public works”
or “maintenance” project and if the total compensation is $15,000 or more for maintenance or
$25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to
Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such
services must be registered with the Department of Industrial Relations. Consultant shall maintain
registration for the duration of the Project and require the same of any subconsultants, as
applicable. This Project may also be subject to compliance monitoring and enforcement by the
Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all
applicable registration and labor compliance requirements.
c. This Agreement may also be subject to compliance monitoring and
enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility
to comply with all applicable registration and labor compliance requirements. Any stop orders
issued by the Department of Industrial Relations against Consultant or any subcontractor that
affect Consultant’s performance of services, including any delay, shall be Consultant’s sole
responsibility. Any delay arising out of or resulting from such stop orders shall be considered
Consultant caused delay and shall not be compensable by the City. Consultant shall defend,
indemnify and hold the City, its officials, officers, employees and agents free and harmless from
any claim or liability arising out of stop orders issued by the Department of Industrial Relations
against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements
and restrictions of state and federal law respecting the employment of undocumented aliens,
including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended
from time to time, and shall require all subconsultants and sub-subconsultants to comply with the
same.
15. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be
brought in a state or federal court situated in the County of Los Angeles, State of California.
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16. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event,
City shall be immediately given title and possession to all original field notes, drawings and
specifications, written reports and other documents produced or developed for that portion of the
work completed and/or being abandoned. City shall pay Consultant the reasonable value of
services rendered for any portion of the work completed prior to termination. If said termination
occurs prior to completion of any task for the Project for which a payment request has not been
received, the charge for services performed during such task shall be the reasonable value of
such services, based on an amount mutually agreed to by City and Consultant of the portion of
such task completed but not paid prior to said termination. City shall not be liable for any costs
other than the charges or portions thereof which are specified herein. Consultant shall not be
entitled to payment for unperformed services, and shall not be entitled to damages or
compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial
failure by City to perform in accordance with the terms of this Agreement through no fault of
Consultant.
17. Documents. Except as otherwise provided in “Termination or Abandonment,”
above, all original field notes, written reports, Drawings and Specifications and other documents,
produced or developed for the Project shall, upon payment in full for the services described in this
Agreement, be furnished to and become the property of the City.
18. Organization
Consultant shall assign Douglas Johnson as Project Manager. The Project Manager shall
not be removed from the Project or reassigned without the prior written consent of the City.
19. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above.
20. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given
or delivered by depositing the same in any United States Post Office, certified mail, return receipt
requested, postage prepaid, addressed to:
CITY:
City of Arcadia
240 West Huntington Drive
Arcadia, CA 91066
Attn: Michael Bruckner, Deputy City Manager
CONSULTANT:
Douglas Johnson
PO Box 5271
Glendale, CA 91221
and shall be effective upon receipt thereof.
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21. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other
than the City and the Consultant.
22. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
23. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not incorporated
herein, and that any other agreements shall be void. This Agreement may not be modified or
altered except in writing signed by both Parties hereto. This is an integrated Agreement.
24. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the provisions unenforceable, invalid or illegal.
25. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted assignment
without such consent shall be invalid and void.
26. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
27. Time of Essence
Time is of the essence for each and every provision of this Agreement.
28. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with
this Project or other projects.
29. Prohibited Interests
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Consultant maintains and warrants that it has not employed nor retained any company or
person, other than a bona fide employee working solely for Consultant, to solicit or secure this
Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
When funding for the services is provided, in whole or in part, by an agency of the federal
government, Consultant shall also fully and adequately comply with the provisions included in
Exhibit “D” (Federal Requirements) attached hereto and incorporated herein by reference
(“Federal Requirements”). With respect to any conflict between such Federal Requirements and
the terms of this Agreement and/or the provisions of state law, the more stringent requirement
shall control.
[SIGNATURES ON FOLLOWING PAGE]
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EXHIBIT A
Scope of Services
Consultant will provide the following services:
July, 2021 – September, 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.
September – November, 2021: Initial Data Analysis and Initial Hearings / Forums
h. NDC prepares total population estimates for use in initial hearings and any public mapping
tools.
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 report 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 / homeowners, and
single-family / multi-family residences).
l. NDC report is circulated to the jurisdiction and into the project outreach messaging.
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m. Hearings / Forums: 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. 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.
o. If the optional public mapping tools and/or Public Participation Kit are included in the project,
their use is demonstrated to the public.
p. 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.
q. 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.
r. Outreach efforts continue with messaging to the public, with special focus on community
groups with an interest in the redistricting.
November, 2021 – January, 2022: Draft Mapping Time
s. 2020 Census total population counts released and California Statewide Database completes
“prison adjustments” of the data. Total population counts in outreach materials and mapping
tools are updated with the official Census data.
t. 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.
u. 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.
v. 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).
w. 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.
x. 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.
y. 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.
z. 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.
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aa. Time provided 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.
January 2022 – April, 2022: Map Adoption
bb. Any new or revised maps, related demographics, and summaries are posted on the project
website.
cc. 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.
dd. One or more hearings are held to continue the review and refinement of the focus maps
and, ultimately, adopt the final map.
ee. Outreach continues to inform residents and community groups of the progress of the project,
opportunities for future participation, and, ultimately, which map is adopted.
ff. 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.
gg. NDC works with the jurisdiction staff to ensure preservation of all project data and records,
including GIS-format versions of the adopted map.
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EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed
progress report that indicates the amount of budget spent on each task. Consultant will inform
City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials
contract.
1. Basic Project Elements (except for per-meeting and optional expenses): $ 19,000
2. Per-Meeting expense:
• In-person attendance, per meeting $ 2,750
• Virtual (telephonic, Zoom, etc.) attendance, per meeting $ 1,250
3. Optional Project Elements:
• Project website $ 4,500
4. Online mapping tool options:
• Caliper’s “Maptitude Online Redistricting” (MOR) $ 6,000
5. Hourly rates:
NDC can assist with any additional analysis that the client requests using 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
6. Still Balanced Jurisdictions: $4,000
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EXHIBIT C
Activity Schedule
Consultant shall provide Professional Demographer Services, as outlined in the Scope of
Services, Exhibit A. The period of services is for July 1 2021 to June 30, 2022.