HomeMy WebLinkAboutAGENDA REPORT 2021 0421 CCSA REG ITEM 09BCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of April 21, 2021
ACTION Approved Staff Recommendation.
(Roll Call Vote: 4-0, Councilmember Castro
Absent)
BY B.Garza.
B. Consider Approval of Agreement with National Demographics Corporation, Inc. for
Redistricting Consulting Services. Staff Recommendation: Approve Agreement
with National Demographics Corporation, Inc. for the provision of Redistricting
Consulting Services, subject to final language approval by the City Manager and
City Attorney. (Ky Spangler)
Item: 9.B.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Ky Spangler, City Clerk
DATE: 04/21/2021 Regular Meeting
SUBJECT: Consider Approval of Agreement with National Demographics
Corporation, Inc. for Redistricting Consulting Services
SUMMARY
It is requested that the City Council consider approval of an Agreement with National
Demographics Corporation, Inc. (NDC) in the amount of $30,500 to provide Redistricting
Consulting Services to comply with California Elections Code Section 21600 et seq.,
which requires jurisdictions with district-based election systems to review the results of
the decennial Census and make any adjustments necessary based on population growth
to ensure equal representation across the districts.
BACKGROUND
In 2019, the City Council adopted Ordinance No. 467, transitioning the City’s manner of
election from an “at-large” system to a “by-district” system, with the first district-based
elections being held on November 3, 2020. The adopted Ordinance provided that four
Councilmembers be elected by-district (that is, by voters residing within the geographical
district) and the Mayor be elected at-large (that is, by all voters regardless of residence
location within the City). The process of transitioning to district elections was facilitated
by NDC who provided demographic information, public outreach and assistance with
drafting maps for the formation of proposed districts.
Every 10 years, jurisdictions that have district-based elections are required to review
district boundaries based on the results of the decennial Census to ensure equal
representation based on population growth and to adjust district boundaries, if necessary,
to reflect changes.
On December 9, 2020, the City’s Administration, Finance and Public Safety (AFPS)
Standing Committee, comprised of Mayor Parvin and Mayor Pro Tem Enegren, met to
discuss the redistricting process, and directed staff to issue a Request for Proposal (RFP)
in order to identify and select a firm to provide redistricting consulting services. An RFP
for Redistricting Consulting Services was issued on December 15, 2020, with proposals
Item: 9.B.
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due by January 22, 2021. The RFP was posted on the City’s website and was emailed
to various consulting firms specializing in or providing districting and redistricting services.
Six proposals from the following firms were received by the deadline:
• ARCBridge Consulting & Training, Inc.
• Bear Demographics and Research, LLC
• FLO Analytics
• National Demographics Corporation, Inc.
• Redistricting Partners
• Zillion Info, LLC
On February 10, 2021, the AFPS Committee met and reviewed the proposals received
and after identifying its top three firms based on experience and cost, directed staff to
schedule a meeting to interview NDC. NDC was selected to be interviewed because, in
addition to its cost being the most competitive of the firms with appropriate experience
and staffing capabilities, the firm previously assisted Moorpark with its initial transition to
district elections and therefore has familiarity with City, its neighborhoods, and
communities of interest. These qualifications were considered beneficial to assisting the
City in meeting the April 17, 2022 deadline to adopt district boundaries. The AFPS
Committee then met on March 3, 2021, to consider proposed hearing schedule options
and directed staff to prepare a Consulting Agreement with NDC including the preferred
hearing schedule. On April 7, 2021, the Committee met to review the provisions of the
Consulting Agreement and directed staff to bring the Agreement forward for approval by
the City Council at its April 21, 2021, meeting.
It should be noted that, due to the COVID-19 pandemic, the completion and release of
the 2020 Census data that serves as the basis for redistricting has been delayed by the
Census Bureau and has impacted the ability of cities to begin the redistricting process.
However, the requirement to complete the redistricting process by the deadline
established by the Elections Code, remains unchanged. Elections Code Section
21601(c) requires that cities adopt the boundaries of council districts no later than 205
days before the city’s next regular election occurring on or after July 1, 2022. The City’s
next regularly scheduled election is November 8, 2022. To remain in compliance with
this provision, the City of Moorpark must adopt an ordinance approving district boundaries
no later than April 17, 2022.
DISCUSSION
As previously noted, the release of the 2020 Census data has been delayed due to the
COVID-19 pandemic. Historically, Census results have been released by the end of
March in the year following the Census; however, 2020 Census results will not be
provided to states until September 30, 2021. Thereafter, states have 30 days in which to
assign prison populations back to their respective home addresses prior to release of the
data to local jurisdictions. States are required to release the final Census results to local
jurisdictions by October 30, 2021.
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The attached draft Consulting Agreement for Redistricting Services incorporates the
proposal submitted by NDC and the preferred hearing schedule considered by the AFPS
Committee for completion of the redistricting process by the April 17, 2022, deadline as
required under the Elections Code. The schedule includes four public hearings as
required under the Elections Code, with the hearings scheduled to coincide with regularly
scheduled City Council meetings.
To meet the tight timeframes for completion of the process, the first public hearing is
scheduled on October 20, 2021, just prior to the release of Census data, to provide an
overview of the redistricting requirements and process and to receive public testimony.
The second hearing is scheduled for December 1, 2021, and is the first meeting where
draft district maps which incorporate new Census data can be considered. Subsequent
hearings are scheduled one month apart (January 5 and February 2, 2022) to provide
time for public consideration of the maps developed, and to build in a buffer for additional
public hearings, if needed, to adopt district boundaries prior to the April 17, 2022,
deadline.
In the event the 2020 Census data results show that existing City Council Districts remain
“population balanced” that is, when assigned to their districts the population numbers
reflected in the 2020 Census data do not exceed a ten percent (10%) deviation among
the districts, the existing boundaries may not require revision per the Elections Code.
However, although the existing district boundaries may not require revision, the City is
still required to go through the redistricting public hearing process established in the
Elections Code in order to adopt the district map boundaries. In the event the existing
boundaries remain in compliance map requirements, the proposed Agreement also
includes a provision for a “Still Balanced” option in the amount of $3,000 plus meeting
attendance at $2,750 per meeting. The total estimated cost, should this option prove
permissible, is $14,000.
FISCAL IMPACT
Funding in the amount of $30,500 for this Agreement will be allocated from Fiscal Year
2020/21 City Clerks Division budget and therefore no additional budget appropriation is
required.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION
Approve Agreement with National Demographics Corporation, Inc. for the provision of
Redistricting Consulting Services, subject to final language approval by the City Manager
and City Attorney.
Attachment: Agreement with National Demographics Corporation, Inc. 77
AGREEMENT BETWEEN THE CITY OF MOORPARK AND
NATIONAL DEMOGRAPHICS, INC.
FOR PROFESSIONAL REDISTRICTING CONSULTANT SERVICES
THIS AGREEMENT is made and effective as of this ____ day of __________,
2021, between the City of Moorpark, a municipal corporation (“City”), and National
Demographics Inc., a California corporation (“Consultant”). In consideration of the
mutual covenants and conditions set forth herein, the parties agree as follows:
WHEREAS, City has the need for professional redistricting consultant services to
guide the City’s councilmanic redistricting process, as more fully outlined in Exhibit C
(“Scope of Services”); and
WHEREAS, Consultant specializes in providing such services and has the proper
work experience, certifications, and background to carry out the duties involved; and
WHEREAS, Consultant has submitted to City a Proposal dated February 23,
2021, which is incorporated by reference in the Scope of Services attached hereto as
Exhibit C.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
1. TERM
The term of this Agreement shall be from the date of execution of this Agreement
to completion of all work identified in the Scope of Services, unless this Agreement is
terminated or suspended pursuant to this Agreement.
2. SCOPE OF SERVICES
City does hereby retain Consultant, as an independent contractor, in a
contractual capacity to provide professional redistricting consultant services, as set forth
in Exhibit C. In the event there is a conflict between the provisions of Exhibit C and this
Agreement, the language contained in this Agreement shall take precedence.
Consultant shall perform the tasks described and set forth in Exhibit C.
Consultant shall complete the tasks according to the schedule of performance, which is
also set forth in Exhibit C, and in accordance with the timelines set forth in the California
Elections Code for general law cities.
Compensation for the services to be performed by Consultant shall be in
accordance with Exhibit C. Compensation shall not exceed the total contract value of
thirty thousand five hundred dollars ($30,500.00), as stated in Exhibit C, without a
written Amendment to the Agreement executed by both parties. Payment by City to
Consultant shall be in accordance with the provisions of this Agreement.
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3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of their ability,
experience, standard of care, and talent, perform all tasks described herein. Consultant
shall employ, at a minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services as are required of Consultant hereunder
in meeting its obligations under this Agreement.
4. MANAGEMENT
The individual directly responsible for Consultant’s overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
City and Consultant shall be Douglas Johnson and no other individual may be
substituted without the prior written approval of the City Manager.
The City’s contact person in charge of administration of this Agreement, and to
serve as principal liaison between Consultant and City, shall be the City Manager or the
City Manager’s designee.
5. PAYMENT
Taxpayer ID or Social Security numbers must be provided by Consultant on an
IRS W-9 form before payments may be made by City to Consultant.
If the City determines that it qualifies as a “Still Balanced” Jurisdiction pursuant to
the exception noted in Exhibit C, then the City agrees to pay Consultant the entire “Still
Balanced” project fee ($3,000) within thirty (30) days of such determination, with
additional meeting attendance costs to be paid at the rates specified in Exhibit C.
If the City does not determine that it qualifies as a “Still Balanced” jurisdiction,
then the City will pay Consultant one-half of the fee for the “Basic Project Elements”
identified in the Scope of Services ($9,750) within thirty (30) days of said determination.
The City will pay the remaining one-half of the fee for the “Basic Project Elements”
($9,750) at the conclusion of the Scope of Services (adoption of a District Map as set
forth in Exhibit C).
For all other fees associated with the Scope of Services, including meeting
attendance fees, Consultant shall submit invoices monthly for actual services performed
in accordance with the rates set forth in Exhibit C. Invoices shall be submitted on or
about the first business day of each month, or as soon thereafter as practical, for
services provided in the previous month. Payment shall be made within thirty (30) days
of receipt of each invoice as to all non-disputed fees, less any liquidated damages
authorized by Section 8. Any expense or reimbursable cost appearing on any invoice
shall be accompanied by a receipt or other documentation subject to approval of the
City Manager or the City Manager’s designee. If the City disputes any of Consultant’s
fees or expenses, City shall give written notice to Consultant within thirty (30) days of
receipt of any disputed fees set forth on the invoice. The total not to exceed amount of
this Agreement is $30,500.
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Consultant shall not be compensated for any services rendered in connection
with its performance of this Agreement, which are in addition to those set forth herein,
unless such additional services and compensation are authorized, in advance, in a
written amendment to this Agreement executed by both parties. The City Manager, if
authorized by City Council, may approve additional work not to exceed ten percent
(10%) of the amount of the Agreement.
6. TERMINATION OR SUSPENSION WITHOUT CAUSE
The City may at any time, for any reason, with or without cause, suspend, or
terminate this Agreement, or any portion hereof, by serving upon the Consultant at least
ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement, such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
The Consultant may terminate this Agreement only by providing City with written
notice no less than thirty (30) days in advance of such termination.
In the event this Agreement is terminated or suspended pursuant to this Section,
the City shall pay to Consultant the actual value of the work performed up to the time of
termination or suspension, provided that the work performed is of value to the City.
Upon termination or suspension of the Agreement pursuant to this Section, the
Consultant will submit an invoice to the City pursuant to this Agreement.
7. DEFAULT OF CONSULTANT
The Consultant’s failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms
of this Agreement, City shall have no obligation or duty to continue compensating
Consultant for any work performed after the date of default and can terminate or
suspend this Agreement immediately by written notice to the Consultant. If such failure
by the Consultant to make progress in the performance of work hereunder arises out of
causes beyond the Consultant’s control, and without fault or negligence of the
Consultant, it shall not be considered a default.
If the City Manager or his/her designee determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, he/she
shall cause to be served upon the Consultant a written notice of the default. The
Consultant shall have thirty (30) days after service upon it of said notice in which to cure
the default by rendering a satisfactory performance. In the event that the Consultant
fails to cure its default within such period of time, the City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement
without further notice and without prejudice to any other remedy to which it may be
entitled at law, in equity or under this Agreement.
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8. MEETING ATTENDANCE AND LIQUIDATED DAMAGES
Douglas Johnson, Kristen Parks, and/or Daniel Phillips (each a “Consultant
Principal”) shall personally attend all community meetings, meetings of the City Council,
and other required meetings under this Agreement in connection with Scope of
Services. Additional Consultant personnel may attend such meetings so long as at
least one Consultant Principal is also in attendance. The Consultant Principal(s) shall
attend each meeting in person at the designated physical meeting location, unless the
meeting is held exclusively on a virtual web-based meeting system, such as Zoom.
A Consultant Principal shall personally appear at all required community
meetings, City Council meetings, and other required meetings under this Agreement
prior to the designated meeting start time communicated in writing by City to Consultant
in advance of each meeting. Contractor shall reimburse City for the additional expense
and damage for each five-minute increment that a Consultant Principal is late in arriving
to a required meeting. It is agreed that the amount of such additional expense and
damage incurred by reason of failure to timely appear at a meeting is $250.00 per five-
minute increment of delay beyond the designated meeting start time. Such amounts
are hereby agreed upon as liquidated damages for the loss to the City resulting from the
failure of a Consultant Principal to timely appear at a required meeting and the value of
City resources dependent upon such timely appearance.
9. OWNERSHIP OF DOCUMENTS
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally accepted accounting
principles and shall be clearly identified and readily accessible. Consultant shall provide
free access to the representatives of City or the City’s designees at reasonable times to
such books and records; shall give the City the right to examine and audit said books
and records; shall permit City to make transcripts therefrom as necessary; and shall
allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement. Notification of audit shall be provided at least thirty (30) days before any
such audit is conducted. Such records, together with supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment.
Upon completion of, or in the event of termination or suspension without cause of
this Agreement, all original documents, designs, drawings, maps, models, computer
files, surveys, notes, and other documents prepared in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of
the City and may be used, reused, or otherwise disposed of by the City without the
permission of the Consultant. With respect to computer files, Consultant shall make
available to the City, at the Consultant’s office and upon reasonable written request by
the City, the necessary computer software and hardware for purposes of accessing,
compiling, transferring, and printing computer files.
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10. INDEMNIFICATION AND HOLD HARMLESS
Indemnity for professional liability: When the law establishes a professional
standard of care for Consultant’s Services, to the fullest extent permitted by law,
Consultant shall indemnify, protect, defend and hold harmless City and any and all of its
officials, employees, and agents (“Indemnified Parties”) from and against any and all
losses, liabilities, damages, costs and expenses, including legal counsels’ fees and
costs to the extent same are caused in whole or in part by any negligent or wrongful act,
error or omission of Consultant, its officers, agents, employees or subconsultants (or
any agency or individual that Consultant shall bear the legal liability thereof) in the
performance of professional services under this Agreement.
Indemnity for other than professional liability: Other than in the performance of
professional services and to the full extent permitted by law, Consultant shall indemnify,
protect, defend and hold harmless City, and any and all of its officials, employees, and
agents from and against any liability (including liability for claims, suits, actions,
arbitration proceedings, administrative proceedings, regulatory proceedings, losses,
expenses or costs of any kind, whether actual, alleged or threatened, including legal
counsels’ fees and costs, court costs, interest, defense costs, and expert witness fees),
where the same arise out of, are a consequence of, or are in any way attributable to, in
whole or in part, the performance of this Agreement by Consultant or by any individual
or agency for which Consultant is legally liable, including but not limited to officers,
agents, employees or subcontractors of Consultant.
Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this Section from each and every subcontractor, or
any other person or entity involved by, for, with, or on behalf of Consultant in the
performance of this Agreement. In the event Consultant fails to obtain such indemnity
obligations from others as required here, Consultant agrees to be fully responsible
according to the terms of this Section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend City as set forth
here is binding on the successors, assigns, or heirs of Consultant and shall survive the
termination of this Agreement or this Section.
City does not and shall not waive any rights that it may have against Consultant
by reason of this Section, because of the acceptance by City, or the deposit with City, of
any insurance policy or certificate required pursuant to this Agreement. The hold
harmless and indemnification provisions shall apply regardless of whether or not said
insurance policies are determined to be applicable to any losses, liabilities, damages,
costs, and expenses described in this Section.
11. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit A attached hereto and
incorporated herein by this reference as though set forth in full.
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12. INDEPENDENT CONSULTANT
Consultant is and shall at all times remain as to the City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant’s exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents, except as
set forth in this Agreement. Consultant shall not at any time or in any manner represent
that it or any of its officers, employees, or agents are in any manner officers or
employees, or agents of the City except as set forth in this Agreement. Consultant shall
not incur or have the power to incur any debt, obligation, or liability against City, or bind
City in any manner.
No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in
the Agreement, City shall not pay salaries, wages, or other compensation to Consultant
for performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
13. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of local, state, and federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Consultant shall at all times
observe and comply with all such laws and regulations, including but not limited to the
Americans with Disabilities Act and Occupational Safety and Health Administration laws
and regulations. The Consultant shall comply with and sign Exhibit B, the Scope of
Work Requirement for Professional Services Agreements Compliance with California
Government Code Section 7550, when applicable. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Consultant
to comply with this Section.
14. ANTI DISCRIMINATION
Neither the Consultant, nor any subconsultant under the Consultant, shall
discriminate in employment of persons upon the work because of race, religious creed,
color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression,
age, sexual orientation, or military and veteran status; or any other basis protected by
applicable federal, state, or local law, except as provided in Section 12940 of the
Government Code. Consultant shall have responsibility for compliance with this Section.
15. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the
award, terms, or implementation of this Agreement, including any method of coercion,
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confidential financial arrangement, or financial inducement. No officer or employee of
the City will receive compensation, directly or indirectly from Consultant, or any officer,
employee, or agent of Consultant, in connection with the award of this Agreement or
any work to be conducted as a result of this Agreement. Violation of this Section shall
be a material breach of this Agreement entitling the City to any and all remedies at law
or in equity.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of the City, or their designees or agents, and no
public official who exercises authority over or responsibilities with respect to the
Services during his/her tenure or for one year thereafter, shall have any interest, direct
or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be
performed in connection with the Services performed under this Agreement.
17. CONFLICT OF INTEREST
Consultant covenants that neither they nor any officer or principal of their firm
have any interests, nor shall they acquire any interest, directly or indirectly, which will
conflict in any manner or degree with the performance of their services hereunder.
Consultant further covenants that in the performance of this Agreement, they shall
employ no person having such interest as an officer, employee, agent, or subconsultant.
Consultant further covenants that Consultant has not contracted with nor is performing
any services directly or indirectly, with the developer(s) and/or property owner(s) and/or
firm(s) and/or partnership(s) and/or public agency(ies) owning property and/or
processing an entitlement application for property in the City or its Area of Interest, now
or within the past one (1) year, and further covenants and agrees that Consultant and/or
its subconsultants shall provide no service or enter into any contract with any
developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) and/or public
agency(ies) owning property and/or processing an entitlement application for property in
the City or its Area of Interest, while under contract with the City and for a one (1) year
time period following termination of this Agreement.
18. NOTICE
Any notice to be given pursuant to this Agreement shall be in writing, and all such
notices and any other document to be delivered shall be delivered by personal service
or by deposit in the United States mail, certified or registered, return receipt requested,
with postage prepaid, and addressed to the party for whom intended as follows:
To: City Manager
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
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To: Douglas Johnson
National Demographics, Inc.
P.O. Box 5271
Glendale, CA 91221
Either party may, from time to time, by written notice to the other, designate a
different address or contact person, which shall be substituted for the one above
specified. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the third (3rd) day after deposit in the United States
mail.
19. CHANGE IN NAME
Should a change be contemplated in the name or nature of the Consultant's legal
entity, the Consultant shall first notify the City in order that proper steps may be taken to
have the change reflected in the Agreement documents.
20. ASSIGNMENT
Consultant shall not assign this Agreement or any of the rights, duties, or
obligations hereunder. It is understood and acknowledged by the parties that Consultant
is uniquely qualified to perform the services provided for in this Agreement.
21. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force
and effect, all licenses required of it by law for the performance of the services in this
Agreement.
22. VENUE AND GOVERNING LAW
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions, or covenants referred to herein
shall be filed in the applicable court in Ventura County, California. The City and
Consultant understand and agree that the laws of the state of California shall govern the
rights, obligations, duties, and liabilities of the parties to this Agreement and also govern
the interpretation of this Agreement.
23. COST RECOVERY
In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled
to recover its costs and expenses, including attorneys’ fees, from the losing party, and
any judgment or decree rendered in such a proceeding shall include an award thereof.
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24. ENTIRE AGREEMENT
This Agreement and the Exhibits attached hereto contain the entire
understanding between the parties relating to the obligations of the parties described in
this Agreement. All prior or contemporaneous agreements, understandings,
representations, and statements, oral or written, are merged into this Agreement and
shall be of no further force or effect. Each party is entering into this Agreement based
solely upon the representations set forth herein and upon each party’s own independent
investigation of any and all facts such party deems material.
25. CAPTIONS OR HEADINGS
The captions and headings of the various Articles, Paragraphs, and Exhibits of
this Agreement are for convenience and identification only and shall not be deemed to
limit or define the content of the respective Articles, Paragraphs, and Exhibits hereof.
26. AMENDMENTS
Any amendment, modification, or variation from the terms of this Agreement shall
be in writing and shall be effective only upon approval by both parties to this Agreement.
27. PRECEDENCE
In the event of conflict, the requirements of the City’s Request for Proposal, if
any, and this Agreement shall take precedence over those contained in the Consultant’s
Proposal.
28. INTERPRETATION OF AGREEMENT
Should interpretation of this Agreement, or any portion thereof, be necessary, it is
deemed that this Agreement was prepared by the parties jointly and equally, and shall
not be interpreted against either party on the ground that the party prepared the
Agreement or caused it to be prepared.
29. WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provision. No waiver
shall be binding unless executed in writing by the party making the waiver.
30. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of the Consultant
warrants and represents that he/she has the authority to execute this Agreement on
behalf of the Consultant and has the authority to bind Consultant to the performance of
obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK CONSULTANT
__________________________________ __________________________________
Troy Brown, City Manager Douglas Johnson, President
Attest:
__________________________________
Ky Spangler, City Clerk
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Exhibit A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of Work, Consultant will maintain
insurance in conformance with the requirements set forth below. Consultant will use
existing coverage to comply with these requirements. If that existing coverage does not
meet requirements set forth here, Consultant agrees to amend, supplement, or endorse
the existing coverage to do so. Consultant acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of coverage
required. Any insurance proceeds available to the City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will be
available to the City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office (ISO)
“Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense
costs must be paid in addition to limits. There shall be no cross liability exclusion for
claims or suits by one insured against another. Limits are subject to review but in no
event less than $1,000,000 per occurrence for all covered losses and no less than
$2,000,000 general aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no
event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non-owned auto endorsement to the general liability
policy described above. If Consultant or Consultant’s employees will use personal autos
in any way on this project, Consultant shall provide evidence of personal auto liability for
each such person.
Workers’ Compensation on a state-approved policy form providing statutory benefits as
required by law with employer’s liability limits no less than $1,000,000 per accident or
disease.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant and “Covered Professional Services” as designated in the
policy must specifically include work performed under this Agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay
on behalf of” the insured and must include a provision establishing the insurer’s duty to
defend. The policy retroactive date shall be on or before the effective date of this
Agreement.
Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit
requirements, shall provide coverage at least as broad as specified for the underlying
coverages. Coverage shall be provided on a “pay on behalf” basis, with defense costs
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payable in addition to policy limits. Policy shall contain a provision obligating insurer at
the time insured’s liability is determined, not requiring actual payment by the insured
first. There shall be no cross liability exclusion precluding coverage for claims or suits by
one insured against another. Coverage shall be applicable to the City for injury to
employees of Consultant, subconsultants, or others involved in the Work. The scope of
coverage provided is subject to approval by the City following receipt of proof of
insurance as required herein. Limits are subject to review but in no event less than
$2,000,000 aggregate.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size of VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and the City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds the City, its officials,
employees, and agents, using standard ISO endorsement CG 2010 and CG
2037 with edition acceptable to the City. Consultant also agrees to require all
contractors and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant’s employees, or agents, from waiving the right
to subrogation prior to a loss. Consultant agrees to waive subrogation rights
against the City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to
the City or its operation limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include limiting endorsement of any kind that has not been
first submitted to the City and approved in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called “third party action over” claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Consultant shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability
or reduction of discovery period) that may affect the City’s protection without the
City’s prior written consent.
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7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant’s general liability policy, shall be delivered to city at or
prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled or
reduced at any time and no replacement coverage is provided, the City has the
right, but not the duty, to obtain any insurance it deems necessary to protect its
interests under this or any other Agreement and to pay the premium. Any
premium so paid by the City shall be charged to and promptly paid by Consultant
or deducted from sums due Consultant, at the City’s option.
8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to
the City of any cancellation or reduction of coverage. Consultant agrees to
require its insurer to modify such certificates to delete any exculpatory wording
stating that failure of the insurer to mail written notice of cancellation or reduction
of coverage imposes no obligation, or that any party will “endeavor” (as opposed
to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage
required to be provided by Consultant or any subcontractor, is intended to apply
first and on a primary, non-contributing basis in relation to any other insurance or
self-insurance available to the City.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the Work who is brought onto or involved in the Work by Consultant, provide
the same minimum insurance required of Consultant. Consultant agrees to
monitor and review all such coverage and assumes all responsibility for ensuring
that such coverage is provided in conformity with the requirements of this
section. Consultant agrees that upon request, all agreements with subcontractors
and others engaged in the Work will be submitted to the City for review.
11. Consultant agrees not to self-insure or to use any self-insured retentions or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, Architect, Engineer, or other
entity or person in any way involved in the performance of Work contemplated by
this Agreement to self-insure its obligations to the City. If Consultant’s existing
coverage includes a deductible or self-insured retention, the deductible or self-
insured retention must be declared to the City. At that time, the City shall review
options with the Consultant, which may include reduction or elimination of the
deductible or self-insured retention, substitution of other coverage, or other
solutions.
12. The City reserves the right at any time during the term of the Agreement to
change the amounts and types of insurance required by giving the Consultant
ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to the Consultant, the City will negotiate additional
compensation proportional to the increased benefit to the City.
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13. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the
part of the City to inform Consultant of non-compliance with an insurance
requirement in no way imposes any additional obligations to the City nor does it
waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as the City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
the City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has
been ordered shall be submitted prior to expiration. A coverage binder or letter
from Consultant’s insurance agent to this effect is acceptable. A certificate of
insurance and/or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to
the City within five days of the expiration of coverage.
17. The provisions of any Workers’ Compensation or similar act will not limit the
obligations of Consultant under this Agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to the City,
its employees, officials and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits, or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a given coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party or insured to be limiting or all-
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this Agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts or
impairs the provisions of this section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the Work reserves the right to charge the City or
Consultant for the cost of additional insurance coverage required by this
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Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of the City to reimburse any third party for the cost of complying
with these requirements. There shall be no recourse against the City for payment
of premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss
against Consultant arising out of the work performed under this Agreement. The
City assumes no obligation or liability by such notice, but has the right (but not
the duty) to monitor the handling of any such claim or claims if they are likely to
involve the City.
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Exhibit B
CITY OF MOORPARK
Scope of Work Requirement for Professional Services Agreements
Compliance with California Government Code Section 7550
Consultant shall sign and include this page in any document or written reports prepared by
Consultant for the City of Moorpark (City) to which California Government Code Section 7550
(Government Code § 7550) applies. Government Code §7550 reads:
“(a) Any document or written report prepared for or under the direction of a state
or local agency, that is prepared in whole or in part by nonemployees of the
agency, shall contain the numbers and dollar amounts of all contracts and
subcontracts relating to the preparation of the document or written report; if the
total cost for the work performed by nonemployees of the agency exceeds five
thousand dollars ($5,000). The contract and subcontract numbers and dollar
amounts shall be contained in a separate section of the document or written
report.
(b) When multiple documents or written reports are the subject or product of the
contract, the disclosure section may also contain a statement indicating that the
total contract amount represents compensation for multiple documents or written
reports.”
For all Professional Services Agreement with a total dollar value in excess of $5,000, a signed
and completed copy of this form must be attached to all documents or completed reports
submitted to the City pursuant to the Scope of Work.
Does the dollar value of this Professional Services Agreement exceed $5,000?
Yes No
If yes, then the following information must be provided in compliance with
Government Code § 7550:
1. Dollar amount of Agreement/Contract: $ ____________
2. Dollar amount of Subcontract: $ ____________
3. Does the total contract amount represent compensation for multiple
documents or written reports? Yes No
I have read the foregoing Code section and will comply with Government Code §7550.
__________________________________
______________________
Consultant Date
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Exhibit C
SCOPE OF SERVICES
The scope of services shall be as set forth in the National Demographics Corporation
(NDC) Proposal date February 23, 2021 and Cost Proposal dated January 21, 2021,
attached hereto and incorporated herein.
All services are to be performed by the individuals specified in the Proposal and as
referenced in Section 4 (Management) of this Agreement.
The Schedule for performance of services shall be as follows:
Date
Hearing Schedule Option 1 (Four public hearings required (EC
21607.1))
Sept - Oct Disseminate redistricting information as required by law
10/20/2021 Hearing 1
(must be held before any maps are drawn; hearing would be an overview of
the redistricting requirements and process)
Oct-Dec Additional Information Disseminated to the Community
12/1/2021 Hearing 2
(after maps are drawn; must be at least 21 days following publication of
Census data from State which is 11/21/2021; could present first maps by
consultant)
1/5/2022 Hearing 3
(review maps; received testimony; this could include introduction of an
Ordinance)
2/2/2022 Hearing 4
(map must be posted for 7 days prior to adoption; second reading &
adoption can take place at fourth hearing)
This schedule begins hearings for map review process during first week of the year and
provides time for additional hearings in February, March, and April if necessary (2/16, 3/2,
3/16, 4/6)
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Phone: (818) 254-1221 P.O. Box 5271 info@NDCresearch.com
FAX (818) 254-1221 Glendale, CA 91221 www.NDCresearch.com
A Proposal to
City of Moorpark
for Demographic Services
By National Demographics Corporation
Douglas Johnson, President
Original: January 21, 2021
Updated: February 23, 2021
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January 21, 2021
PJ Gagajena, Assistant City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Dear Mr. Gagajena,
Thank you for the opportunity to provide this proposal to Moorpark. 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 Ojai, Simi Valley, Simi Valley Unified,
Oxnard, Ventura, Camarillo and Santa Clara (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
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Table of Contents
2. Statement of Qualifications .................................................................................... 3
Company Philosophy .................................................................................................... 4
Professionalism .................................................................................................. 4
Local Leadership ................................................................................................ 4
Openness ............................................................................................................. 4
Public Engagement ............................................................................................ 4
Project Software ................................................................................................. 5
Recognition of the NDC’s Expertise ......................................................................... 5
Impeccable References ................................................................................................. 5
3. Organization and Staffing ...................................................................................... 7
Overview ............................................................................................................. 7
NDC’s Moorpark Project Team ...................................................................... 7
NDC Current Organization Chart .................................................................. 8
4. Project Scope of Work ............................................................................................ 8
5. Person Hours by Task ............................................................................................ 9
6a. Summary Project Schedule ................................................................................. 10
6b. Detailed Project Schedule with Scope of Work Details ................................. 10
Details of Optional Project Elements ...................................................................... 14
Advisory or Independent Redistricting Commissions ............................... 14
Outreach Assistance ........................................................................................ 14
Project Website ................................................................................................ 14
Background on Online Mapping Tool Options ......................................... 15
Paper- and Excel-based Public Mapping Tools .......................................... 18
Resumes of NDC President Douglas Johnson and
Consultants Kristen Parks and Daniel Phillips ........................................... 19
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2. Statement of Qualifications
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.
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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.
Local Leadership
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. 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.
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.
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NDC’s “3 E’s” (Engage, Educate, and Empower) 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.
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.
Recognition of the NDC’s Expertise
Both national and local organizations have recognized NDC’s unmatched
experience and expertise in the Census, districting, and redistricting, including:
California League of Cities; California School Board Association; California
Special District Association; California County Counsel Association; County
Committee Secretaries; California Municipal Law Conference; The University of
California National Public Service Law Conference; National Conference of
State Legislatures; and the National League of Women Voters.
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.
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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.
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3. Organization and Staffing
Overview
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’s Moorpark Project Team
NDC’s Moorpark project team will be led by Douglas Johnson and Kristen
Parks. Other team members may assist with specialized tasks as needed, but Dr.
Johnson and Ms. Parks will represent NDC at meetings and staff discussions.
Dr. Daniel Phillips will also work on the project’s GIS/mapping work and attend
meetings as needed. Resumes are included at the end of this proposal.
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NDC Current Organization Chart
NDC President Douglas Johnson
NDC Vice President Justin Levitt
Senior Consultants Shalice Tilton
Robert McEntire
Jeff Tilton
Consultants Kristen Parks
Daniel Phillips
Shannon Kelly
Jeff Simonetti
Todd Tatum
Ivy Beller Sakansky
Douglas Yoakam
Records Manager Michele Lewis
4. Project Scope of Work
NDC is fully prepared to perform all of the requested tasks and responsibilities
of the selected consultant:
Train the City Council in a public setting on the redistricting process, federal
Voting Rights Act, California Voting Rights Act, and other applicable election
laws.
Create a user-friendly digital interface that allows the City Council members
and members of the public to draw their own district boundaries. The
program should also guide the user in complying with all federal, state and
local laws and requirements.
Evaluate the draft maps prepared by the City Council members and the public
to determine whether they are population balanced and satisfy the
requirements of the Voting Rights Acts.
Provide the trainings and digital interface in an objective, non-partisan
informational manner, and not attempt to persuade the participants in any
way.
Actively participate in all meetings and public hearings scheduled by the City
Council that address the redistricting process. Meetings may be scheduled
both virtually and in-person, as permitted by public health officials.
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Upon receipt of the 2020 United States Census data, provide data summary
files to the City Council and public, updating any digital interface previously
used for demonstration and informational purposes.
Analyze whether the 2020 Census data requires modifications to the
Moorpark City Council districts.
If so, propose new district boundaries to the City Council based on feedback
provided by the community and criteria set by the City Council that are
population balanced and satisfy the requirements of the Voting Rights Acts.
Make modifications to the draft district boundary maps based on input from
the City Council and community.
Be receptive to feedback and work effectively with the City Council, City
Attorney’s Office, and City staff.
Assist the City Council, City Attorney’s Office, and City staff as may be
required in all facets of developing and implementing the final district
boundary map.
Other tasks requested by the City Council or City staff that relate to the
redistricting process, such as facilitating requests for additional demographic
data or advising on the Voting Rights Acts.
Details on the specific tasks are included in the detailed project schedule
provided below in “6. Project Schedule.”
5. Person Hours by Task
The hours ultimately involved in the project vary significantly based upon the
number of meetings held, the number of questions and maps submitted by
residents, whether an independent or advisory commission is named, and how
quickly the Council is able to make a final decision on a map.
NDC’s goal is to work with the client to maximize public interest and
engagement in the process. If we priced our projects on an hourly basis, this goal
would directly conflict with the goal of saving our clients money (as more public
input creates more work for NDC).
To eliminate this conflict and ensure the City, NDC, and the residents are all
aligned toward the same goal, NDC prices our work on a flat-rate menu system.
This menu consisting of a base project price, a per-meeting add-on, and pricing
for a couple of optional project elements. Hourly rates are provided in case the
City requests additional demographic work outside the scope of this proposal,
but the cost of NDC’s project tasks is known as soon as the City decides which
options to include and how many meetings to hold.
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As a rough guide, NDC estimates the following breakdown of time:
Douglas Johnson ............... 40 hours
Kristen Parks ...................... 60 hours
Other NDC Staff ............... 20 hours (likely all behind-the-scenes)
The remaining project cost is the cost of the demographic data, software licenses,
and other hard costs involved in NDC’s back end systems and databases.
6a. Summary Project Schedule
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.
August - November
Census data received and processed; draft maps
prepared, considered, and revised (in hearings and, if
desired, less formal public workshops)
December – February Final plan revisions made and plan adopted and
implemented.
6b. Detailed Project Schedule with Scope of Work Details
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,
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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.
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
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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.
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).
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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.
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.
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gg. NDC works with the jurisdiction staff to ensure preservation of all project
data and records, including GIS-format versions of the adopted map.
Details of Optional Project Elements
Advisory or Independent Redistricting Commissions
NDC anticipates that many California jurisdictions will create advisory or
independent commissions to manage the redistricting process. NDC welcomes
the use of such commissions, and our pricing does not change for jurisdictions
creating commissions. But the creation, training, operation and reporting of such
commissions often leads to more meetings (and a resulting increase in the “per
meeting” project expenses) than a traditional redistricting process conducted
primarily by the jurisdiction’s elected leadership.
Outreach Assistance
NDC brings topical expertise to your jurisdiction’s outreach efforts, and NDC
makes available to all clients our library of sample outreach materials including
op-ed articles, postcards, utility bill inserts, flyers, and social media messages.
NDC provides all of these materials along with our advice and input on outreach
strategy and materials to any interested jurisdiction, but we do not have graphic
artists to customize or design such materials in-house.
For larger-scale outreach efforts, especially where jurisdictions wish to send
representatives out to regular meetings of existing community organizations,
NDC typically works together with a jurisdiction’s in-house communications
staff and/or with one or more outreach organizations. We have a number of
firms we recommend, and we would be happy to work with any in-house team
at the jurisdiction or with any firm or organization the jurisdiction selects.
Projects with this level of outreach are relatively rare, as most projects can be
handled by the jurisdiction’s existing communications team using the samples,
templates and advice NDC provides.
Project Website
NDC provides all project materials in website-friendly formats for posting on
the jurisdiction’s website. At no cost, NDC will provide project website samples
and website language for use on the jurisdiction’s project website. But for
jurisdictions that prefer not to take on the challenge of creating and managing a
rapidly-changing project website, NDC will create, host, and update project
website (visit to see one such site – though note that site was created prior to
passage of the new AB849 requirements).
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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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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."
National Demographics, Inc.Page 37 of 43 114
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
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Resume of Kristen Parks
Phone: (818) 254-1221 P.O. Box 5271 info@NDCresearch.com
FAX (818) 254-1221 Glendale, CA 91221 www.NDCresearch.com
EDUCATION
M.A. Political Science, UC San Diego, 2009
B.A. Political Science, Agnes Scott College, Cum Laude, 2005
EXPERIENCE
Consultant, National Demographics Corporation, 2019 – 2020
Assistant Professor of Political Science, Los Angeles Valley College, 2019 – 2020
Adjunct Professor of Political Science, De Anza College, Feb. – Apr. 2019
Dream Center Coordinator, Cañada College, 2017 - 2018
Assistant Professor of Political Science, Cañada College, 2016 – 2019
College for Working Adults Coordinator, Cañada College, 2014 - 2018
Inquiry Researcher, Academic Committee for Equity & Success, Cañada College, 2016
Adjunct Professor of Political Science, Cañada College, 2012 – 2016
Political Science Teaching Assistant, UC San Diego, 2008 - 2010
AWARDS
Club Advisor of the Year, Associated Students of Cañada College, 2016 Outstanding
Adjunct Faculty Award, Academic Senate of Cañada College, 2015 Political Science
Teaching Assistant Excellence Award, UC San Diego, 2010
Research Fellowship, Center for Comparative Immigration Studies (CCIS), 2007 – 2008
PUBLICATION
Parks, K., Lozada, G., Mendoza, M. & L. García Santos. (2009). Strategies for Success: Border
Crossing in an Era of Heightened Security. In Cornelius, W.A., Fitzgerald, D., Hernández-
Díaz, J. & S. Borger (Eds.) Migration from the Mexican Mixteca: A Transnational
Community in Oaxaca and California. Boulder, CO: Lynne Rienner.
PRESENTATIONS
“Building an Effective Transfer Pathway for Nontraditional Students,” with Chris Rico. RP
Group, Strengthening Student Success Conference, Garden Grove, CA, Oct. 2016.
“The Effects of Border Enforcement on Migration to the United States: New Evidence from
Oaxaca, Mexico.” Latin American Studies Association International Congress, Rio de
Janeiro, Brazil, Jun. 2009.
“Fair Trade Certification: What’s Behind the Label?” with Peter Gourevitch. Beyond Virtue:
Evaluating NGO Monitoring of Social Norms, La Jolla, CA, Mar. 2009.
“The Effects of U.S. Border Policy on Unauthorized Immigration: New Evidence from Oaxaca,
Mexico.” Politics of Race, Immigration, and Ethnicity Consortium, UC San Diego, 2008.
National Demographics, Inc.Page 39 of 43 116
Resume of Daniel Phillips, Ph.D.
Phone: (818) 254-1221 P.O. Box 5271 info@NDCresearch.com
FAX (818) 254-1221 Glendale, CA 91221 www.NDCresearch.com
Employment
National Demographics Corporation, Glendale, CA: Consultant 9/20 – pres.
Office of Instructional Consultation, UC Santa Barbara, CA: Assistant 11/17 – 3/18
Department of Geography, UC Santa Barbara, CA: Teaching Associate 2017-2020
Department of Geography, UC Santa Barbara, CA: Textbook Assistant 2016-2018
Department of Geography, UC Santa Barbara, CA: Teaching Assistant 2015-2020
Association of American Geographers – Washington, DC: Research Assistant 7/13 – 7/14
Association of American Geographers – Washington, DC: Intern 9/12 – 11/12
Department of Public Works, City of San Luis Obispo, CA: GIS Intern 6/10 – 9/10
Education
Ph.D., Geography, University of California, Santa Barbara 9/16 – 12/20
Dissertation: “The Nature and Scale of Cognitive Communities of Interest”
M.A., Geography, University of California, Santa Barbara 10/14 – 9/16
Thesis: “Defining the Community of Interest as a Criterion for Boundary Drawing of Electoral
Districts”
B.A., Geography, University of California, Santa Barbara 9/09 – 3/13
Highest Honors, College Honors, Distinction in the Major, 4.0 GPA, Colville-Dearborn Award
as top student in the sciences, Chair’s Award for Excellence in Geography as top student in the
major
Publications
Daniel W. Phillips and Daniel R. Montello (2017), “Defining the Community of Interest as
Thematic and Cognitive Regions,” Political Geography 61, 31–45
Christopher Allen, Thomas Hervey, Werner Kuhn, Sara Lafia, Daniel W. Phillips, and Behzad
Vahedi (2016), “Exploring the Notion of Spatial Lenses,” Jennifer Miller, David O’Sullivan, and
Nancy Wiegand (eds.), Proceedings of the 9th International Conference, GIScience 2016 (pp.
259–274). Berlin: Springer.
Daniel W. Phillips and Daniel R. Montello (2015), “Relating Local to Global Spatial Knowledge:
Heuristic Influence of Local Features on Direction Estimates,” Journal of Geography 114 (1),
3–14
David López-Carr and Daniel W. Phillips (2015), “Place Utility,” Reed Ueda, Susan K. Brown, and
Frank D. Bean (eds.), Encyclopedia of Migration, New York: Springer, DOI: 10.1007/978-94-
007-6179-7_42-1
Daniel R. Montello, Alinda Friedman, and Daniel W. Phillips (2014), “Vague Cognitive Regions in
Geography and Geographic Information Science,” International Journal of Geographical
Information Science 28 (9), 1802–1820
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A Proposal to
City of Moorpark
for Demographic Services
Part II: Cost Proposal
By National Demographics Corporation
Douglas Johnson, President
January 21, 2021
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Cover Letter
NDC has no pricing conditions beyond leaving to the City the selection of
“optional” project elements.
Cost of Services
1. Basic Project Elements (covers everything except for per-meeting and
optional expenses): .......................................................................................... $ 19,500
2. Per-Meeting expense:
In-person attendance, per meeting ............................................................ $ 2,750
Virtual (telephonic, Zoom, etc.) attendance, per meeting ...................... $ 1,250
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 ........................................................................................ $ 5,000
b) Online mapping tool options:
Caliper’s “Maptitude Online Redistricting” (MOR) .... no add’l charge
Tuft University’s “DistrictR” .......................................... no add’l charge
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
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copies of the “Public Participation Kit.” In NDC’s experience, most participants
will download and print the Kits in their own homes or offices.
Hourly Rates (For Additional Analysis Outside Scope of Work)
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 and the only project expense would be the “still
balanced” analysis expense and any per-meeting fees (at the per-meeting rates
stated above).
Includes all the services listed below: .............................................................. $ 3,000
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.
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