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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. 75 Honorable City Council 04/21/2021 Regular Meeting Page 2 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. 76 Honorable City Council 04/21/2021 Regular Meeting Page 3 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. 78 National Demographics, Inc. Page 2 of 43 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. 79 National Demographics, Inc. Page 3 of 43 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. 80 National Demographics, Inc. Page 4 of 43 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. 81 National Demographics, Inc. Page 5 of 43 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. 82 National Demographics, Inc. Page 6 of 43 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, 83 National Demographics, Inc. Page 7 of 43 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 84 National Demographics, Inc. Page 8 of 43 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. 85 National Demographics, Inc. Page 9 of 43 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. 86 National Demographics, Inc. Page 10 of 43 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 87 National Demographics, Inc. Page 11 of 43 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 88 National Demographics, Inc. Page 12 of 43 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. 89 National Demographics, Inc. Page 13 of 43 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. 90 National Demographics, Inc. Page 14 of 43 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 91 National Demographics, Inc. Page 15 of 43 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. 92 National Demographics, Inc. Page 16 of 43 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 93 National Demographics, Inc. Page 17 of 43 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) 94 National Demographics Corporation Phone: (818) 254-1221 P.O. Box 5271 info@NDCresearch.com FAX (818) 254-1221 Glendale, CA 91221 www.NDCresearch.com A Proposal to City of Moorpark for Demographic Services By National Demographics Corporation Douglas Johnson, President Original: January 21, 2021 Updated: February 23, 2021 National Demographics, Inc.Page 18 of 43 95 National Demographics Corporation Page 1 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 National Demographics, Inc.Page 19 of 43 96   National Demographics Corporation Page 2 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 National Demographics, Inc.Page 20 of 43 97   National Demographics Corporation Page 3 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. National Demographics, Inc.Page 21 of 43 98   National Demographics Corporation Page 4 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. National Demographics, Inc.Page 22 of 43 99   National Demographics Corporation Page 5 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. National Demographics, Inc.Page 23 of 43 100   National Demographics Corporation Page 6 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. National Demographics, Inc.Page 24 of 43 101   National Demographics Corporation Page 7 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. National Demographics, Inc.Page 25 of 43 102   National Demographics Corporation Page 8 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. National Demographics, Inc.Page 26 of 43 103   National Demographics Corporation Page 9  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. National Demographics, Inc.Page 27 of 43 104   National Demographics Corporation Page 10 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, National Demographics, Inc.Page 28 of 43 105   National Demographics Corporation Page 11 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 National Demographics, Inc.Page 29 of 43 106   National Demographics Corporation Page 12 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). National Demographics, Inc.Page 30 of 43 107   National Demographics Corporation Page 13 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. National Demographics, Inc.Page 31 of 43 108   National Demographics Corporation Page 14 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). National Demographics, Inc.Page 32 of 43 109   National Demographics Corporation Page 15 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. National Demographics, Inc.Page 33 of 43 110   National Demographics Corporation Page 16 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. National Demographics, Inc.Page 34 of 43 111   National Demographics Corporation Page 17 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. National Demographics, Inc.Page 35 of 43 112   National Demographics Corporation Page 18 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. National Demographics, Inc.Page 36 of 43 113 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 National Demographics, Inc.Page 38 of 43 115 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 National Demographics, Inc.Page 40 of 43 117   National Demographics Corporation Page 1 A Proposal to City of Moorpark for Demographic Services Part II: Cost Proposal By National Demographics Corporation Douglas Johnson, President January 21, 2021 National Demographics, Inc.Page 41 of 43 118   National Demographics Corporation Page 2 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 National Demographics, Inc.Page 42 of 43 119 National Demographics Corporation Page 3 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. National Demographics, Inc.Page 43 of 43 120