HomeMy WebLinkAboutItem No. 17 PSA National Demographics Corp. Redistricting Demo SvsCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 21-181
Agenda Date: 5/25/2021 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 17)
Agreement with National Demographic Corporation for Redistricting Services
Approve and authorize the City Manager to execute an agreement with National Demographics
Corporation (NDC) to provide City Council Redistricting Services for the City of Lake Elsinore in
accordance with Assembly Bill 849 (Fair Maps Act) and Assembly Bill 1276 (Local Redistricting) in an
amount not to exceed $40,000 in such final form as approved by the City Attorney.
Page 1 City of Lake Elsinore Printed on 5/20/2021
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Candice Alvarez, MMC, City Clerk
Date: May 25, 2021
Subject: Agreement with National Demographic Corporation for Redistricting
Services
Recommendation
Approve and authorize the City Manager to execute an agreement with National Demographics
Corporation (NDC) to provide City Council Redistricting Services for the City of Lake Elsinore in
accordance with Assembly Bill 849 (Fair Maps Act) and Assembly Bill 1276 (Local Redistricting)
in an amount not to exceed $40,000 in such final form as approved by the City Attorney.
Background
Government Code Section 25100 et. Seq. requires each city with district-based elections to
update (“redistrict”) district boundaries every ten years, following the receipt of updated population
data from each federal decennial census. The 2020 federal census data is anticipated to be
published and available to the City in September 2021. Since the City of Lake Elsinore has district-
based elections for five Council Members, the City is required to redistrict its boundaries at the
next Election in November 2022. Council Member Districts 2, 4, and 5 were on the ballot on
November 3, 2020, and Council Member Districts 1 and 3 will be on the ballot on November 8,
2022. Although the City recently established the district boundaries in 2018, the boundaries are
based on the 2010 federal census, which means the City must now update the boundaries through
the redistricting process based on the 2020 federal census.
Discussion
Staff obtained the following quotes:
Services National Demographics
Corporation (NDC)
Redistricting Partners
Nationally recognized
PhD Demographer
Dr. Douglas Johnson n/a
Years of Experience 40 10
Cost Basic Element: $24,500
Per Meeting Expense
In-person attendance: $2,750
Virtual Attendance: $1,250
$37,000
Optional Elements: Public Mapping Tools
ESRI: $80,000+
Maptitude, DistrictR, and Public
Participation Kit: $15,500
DistrictR and Public
Participation Kit: $7,500
Public Participation Kit: $4,500
Public Mapping Tools
ESRI: $80,000+
DistrictR: $7,000
(Optional)
Host & Update
Website
$5,500 n/a
Public
Engagement/Outreach
Assists City Staff and makes
available to all clients a library of
sample outreach materials,
conducts workshops, hearings,
public participation basic
mapping tool kit, included
Conducts outreach and analysis
of public input
Overall Costs $38,250
(Basic Element, 5 Public
Hearings (virtual attendance),
and DistrictR and Public
Participation Kit option)
$44,000
(Basic Element, 5 Public
Hearings (virtual attendance),
and DistrictR)
NDC has vast experience in this area and has been successful in assisting a number of public
agencies through this process and was the City’s demographer when the City established its
District boundaries in 2017-2018.
Below is a typical 2021/2022 timeline (subject to change due Census data delays) and description
of project elements proposed by NDR, which will vary depending on the jurisdiction, availability of
data and retention of demographer to conduct services:
May 2021 - June 2021
Project Planning and decisions on public
mapping tools, whether to use a commission,
and other project options. Begin project
communications and outreach.
June 2021 – September 2021
Any mapping tools prepared with preliminary
population data; initial pre-draft map hearing(s)
held.
October 2021 – January 2022
Census data received and processed; draft maps
prepared, considered, and r4evised (in hearings
and, if desired, less formal workshops)
January 2022 – April 2022 Final plan revisions made and plan adopted and
implemented.
Pursuant to the United States Census 2020 website, the count is complete; however, due to
COVID-19 related delays, the Bureau is currently processing the data and redistricting counts will
be available to all states by September 30, 2021.
Once the process begins, NDC will assist the City to ensure that all procedures and hearing
requirements are followed, including map adoption, no earlier than August 1, 2021, but no later
than June 10, 2022, unless the State extends the current deadlines.
Fiscal Impact
The contract amount will be included in the Fiscal Year 2021-22 Operating Budget.
Exhibit
Exhibit A – Agreement
Exhibit A1 – NDC Proposal
@BCL@540F44D6 Page 1
AGREEMENT FOR PROFESSIONAL SERVICES
National Demographics Corporation
Redistricting Demographics Services
This Agreement for Professional Services (the “Agreement”) is made and entered into as
of May 25, 2021, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and
National Demographics Corporation, a Corporation ("Consultant").
RECITALS
A. The City has determined that it requires the following professional services:
Redistricting Demographics Services
B. Consultant has submitted to City a proposal, dated May 18, 2021, attached hereto
as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional services
to City pursuant to the terms of this Agreement.
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to perform the services described in this Agreement on the terms and conditions
described herein.
D. City desires to retain Consultant to perform the services as provided herein and
Consultant desires to provide such professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services described in
Consultant’s Proposal (Exhibit A). Consultant shall provide such services at the time, place, and
in the manner specified in Consultant’s Proposal, subject to the direction of the City through its
staff that it may provide from time to time.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the professional services to be performed by Consultant
is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently
the professional services contemplated pursuant to this Agreement according to the agreed upon
performance schedule in Consultant’s Proposal (Exhibit A).
b. Performance Schedule. Consultant shall commence the services pursuant
to this Agreement upon receipt of a written notice to proceed and shall perform all services within
the time period(s) established in the Consultant’s Proposal (Exhibit A). When requested by
Consultant, extensions to the time period(s) specified may be approved in writing by the City
Manager.
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c. Term. The term of this Agreement shall commence upon execution of this
Agreement and shall continue until the services and related work are completed in accordance
with the Consultant’s Proposal (Exhibit A).
3. Compensation. Compensation to be paid to Consultant shall be in accordance
with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and
incorporated herein by reference. In no event shall Consultant’s compensation exceed Forty
Thousand dollars ($40,000) without additional written authorization from the City.
Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses
set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge.
Payment by City under this Agreement shall not be deemed a waiver of defects, even if such
defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall promptly submit billings to the City
describing the services and related work performed during the preceding month to the extent that
such services and related work were performed. Consultant’s bills shall be segregated by project
task, if applicable, such that the City receives a separate accounting for work done on each
individual task for which Consultant provides services. Consultant’s bills shall include a brief
description of the services performed, the date the services were performed, the number of hours
spent and by whom, and a description of any reimbursable expenditures. City shall pay
Consultant no later than forty-five (45) days after receipt of the monthly invoice by City staff.
5. Background Checks. At any time during the term of this Agreement, the City
reserves the right to make an independent investigation into the background of Consultant’s
personnel who perform work required by this Agreement, including but not limited to their
references, character, address history, past employment, education, social security number
validation, and criminal or police records, for the purpose of confirming that such personnel are
lawfully employed, qualified to provide the subject service or pose a risk to the s afety of persons
or property in and around the vicinity of where the services will be rendered or City Hall. If the City
makes a reasonable determination that any of Consultant’s prospective or then current personnel
is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not
use that personnel to perform work required by this Agreement, and if necessary, shall replace
him or her with a suitable worker.
6. Suspension or Termination.
a. 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 such 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.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section
entitled “Method of Payment” herein.
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7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, documents and other writings
prepared by and for Consultant, its officers, employees and agents and subcontractors in the
course of implementing this Agreement, except working notepad internal documents, shall
become the property of the City upon payment to Consultant for such work, and the City shall
have the sole right to use such materials in its discretion without further compensation to
Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports,
plans, studies, documents and other writings to City upon written request. City shall have sole
determination of the public’s rights to documents under the Public Records Act, and any third-
party requests of Consultant shall be immediately referred to City, without any other actions by
Consultant.
b. Licensing of Intellectual Property. This Agreement creates a nonexclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights,
designs, and other intellectual property embodied in plans, specifications, studies, drawings,
estimates, and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors
agree in writing that City is granted a nonexclusive and perpetual license for any Documents &
Data the subcontractor prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes no
such representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Consultant or provided to Consultant by the City. City shall not be limited
in any way in its use of the Documents & Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City’s sole risk.
c. Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
Documents & Data either created by or provided to Consultant in connection with the performance
of this Agreement shall be held confidential by Consultant. Such materials shall not, without the
prior written consent of City, be used by Consultant for any purposes other than the performance
of the services under this Agreement. Nor shall such materials be disclosed to any person or
entity not connected with the performance of the services under this Agreement. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City’s name or insignia, photographs relating to project for which Consultant ’s services are
rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any
magazine, trade paper, newspaper, television or radio production or other similar medium without
the prior written consent of City.
8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges for
services, or expenditures and disbursements charged to City for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to Consultant to
this Agreement.
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b. Consultant shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any longer
period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Manager, City Attorney, City Auditor or a designated
representative of these officers. Copies of such documents shall be provided to the City for
inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually
agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices
in this Agreement.
d. Where City has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City
may, by written request by any of the above-named officers, require that custody of the records
be given to the City and that the records and documents be maintained in City Hall. Access to
such records and documents shall be granted to any party authorized by Consultant, Consultant’s
representatives, or Consultant’s successor-in-interest.
9. Independent Contractor.
a. Consultant is and shall at all times remain as to the City a wholly
independent contractor pursuant to California Labor Code Section 3353. 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, employees, or agents of the City. Consultant shall not incur or have the power to incur
any debt, obligation, or liability whatsoever against City, or bind City in any manner.
b. Notwithstanding any other federal, state and local laws, codes, ordinances
and regulations to the contrary and except for the fees paid to Consultant as provided in the
Agreement, Consultant and any of its employees, agents, and subcontractors providing service
under this Agreement shall not qualify for or become entitled to, and hereby agr ee to waive any
claims to, any compensation, benefit, or any incident of employment by City, including but not
limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution
to be paid by City for employer contribution and/or employee contributions for PERS benefits.
10. PERS Eligibility Indemnification. In the event that Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer
contributions for PERS benefits on behalf of Consultant or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
11. Interests of Consultant. Consultant (including principals, associates and
professional employees) covenants and represents that it does not now have any investment or
interest in real property and shall not acquire any interest, direct or indirect, in the area covered
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by this Agreement or any other source of income, interest in real property or investment which
would be affected in any manner or degree by the performance of Consultant’s services
hereunder. Consultant further covenants and represents that in the performance of its duties
hereunder no person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act
because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her
rendition of information, advice, recommendation or counsel independent of the control and
direction of the City or of any City official, other than normal agreement monitoring; and
b. possesses no authority with respect to any City decision beyond rendition
of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
12. Professional Ability of Consultant. City has relied upon the professional training
and ability of Consultant to perform the services hereunder as a material inducement to enter into
this Agreement. Consultant shall therefore provide properly skilled professional and technical
personnel to perform all services under this Agreement. All work performed by Consultant under
this Agreement shall be in accordance with applicable legal requirements and shall meet the
standard of quality ordinarily to be expected of competent professionals in Consultant’s field of
expertise.
13. Compliance with Laws.
a. Consultant shall comply with all local, state and federal laws and
regulations applicable to the services required hereunder, including any rule, regulation or bylaw
governing the conduct or performance of Consultant and/or its employees, officers, or board
members.
b. Consultant represents that it has obtained and will maintain at all times
during the term of this Agreement all professional and/or business licenses, certifications and/or
permits necessary for performing the services described in this Agreement, including a City
business license.
14. Licenses. Consultant represents and warrants to City that it has the licenses,
permits, qualifications, insurance and approvals of whatsoever nature which are legally required
of Consultant to practice its profession. Consultant represents and warrants to City that
Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term
of this Agreement, any licenses, permits, insurance and approvals which are legally required of
Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business
license.
15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, and volunteers from and against any and all losses, liability,
claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily
injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law
or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts
or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they
could be held strictly liable, or by the quality or character of their work. The foregoing obligation
of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of
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law arises from the sole negligence or willful misconduct of the City or its officers, employees,
agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents
have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is
understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend
as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from
liability under this indemnification and hold harmless clause. This indemnification and hold
harmless clause shall apply to any damages or claims for damages whether or not such insurance
policies shall have been determined to apply. By execution of this Agreement, Consultant
acknowledges and agrees to the provisions of this Section and that it is a material element of
consideration.
16. Insurance Requirements.
a. Insurance. Consultant, at Consultant’s own cost and expense, shall
procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager,
the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain
Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her
employees in accordance with the laws of the State of California. In addition, Consultant
shall require each subcontractor to similarly maintain Workers’ Compensation Insurance
and Employer’s Liability Insurance in accordance with the laws of the State of California
for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all
Workers’ Compensation policies must be received by the City at least thirty (30) days prior
to such change. The insurer shall agree to waive all rights of subrogation against City, its
officers, agents, employees and volunteers for losses arising from work performed by
Consultant for City. In the event that Consultant is exempt from Worker’s Compensation
Insurance and Employer’s Liability Insurance for his/her employees in accordance with
the laws of the State of California, Consultant shall submit to the City a Certificate of
Exemption from Workers Compensation Insurance in a form approved by the City
Attorney.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence for bodily injury, personal injury and property damage. If a commercial general
liability insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required occurrence
limit. Required commercial general liability coverage shall be at least as broad as
Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed.
11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
covering Broad Form Comprehensive General Liability. No endorsement may be attached
limiting the coverage.
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iii. Automobile Liability Coverage. Consultant shall maintain
automobile liability insurance covering bodily injury and property damage for all activities
of the Consultant arising out of or in connection with the work to be performed under this
Agreement, including coverage for owned, hired and non-owned vehicles, in an amount
of not less than one million dollars ($1,000,000) combined single limit for each occurrence.
Automobile liability coverage must be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may
be attached limiting the coverage.
iv. Professional Liability Coverage. Consultant shall maintain
professional errors and omissions liability insurance appropriate for Consultant’s
profession for protection against claims alleging negligent acts, errors or omissions which
may arise from Consultant’s services under this Agreement, whether such services are
provided by the Consultant or by its employees, subcontractors, or sub consultants. The
amount of this insurance shall not be less than one million dollars ($1,000,000) on a
claims-made annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance
policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed
with the following specific language:
i. Notwithstanding any inconsistent statement in any required
insurance policies or any subsequent endorsements attached thereto, the protection
offered by all policies, except for Workers’ Compensation, shall bear an endorsement
whereby it is provided that, the City and its officers, employees, servants, volunteers and
agents and independent contractors, including without limitation, the City Manager and
City Attorney, are named as additional insureds. Additional insureds shall be entitled to
the full benefit of all insurance policies in the same manner and to the same extent as any
other insureds and there shall be no limitation to the benefits conferred upon them other
than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the
City, its elected or appointed officers, officials, employees, agents and volunteers.
Any insurance maintained by the City, including any self-insured retention the City may
have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its
elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
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c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the City’s option, Consultant shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance. Consultant shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of
performance of this Agreement. Current certification of insurance shall be kept on file with the
City at all times during the term of this Agreement.
17. Notices. Any notice required to be given under this Agreement shall be in writing
and either served personally or sent prepaid, first class mail. Any such notice shall be addressed
to the other party at the address set forth below. Notice shall be deemed communicated within
48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: National Demographics Corporation
Attn: Douglas Johnson
P.O. Box 5271
Glendale, CA 91221
18. Assignment and Subcontracting. The parties recognize that a substantial
inducement to City for entering into this Agreement is the professional reputation, experience and
competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully
responsible to City for all acts or omissions of any subcontractors. Assignments of any or all
rights, duties or obligations of the Consultant under this Agreement will be permitted only with the
express consent of the City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement except as provided in Exhibit B without the written authorization
of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for
all acts or omissions of those subcontractors. Nothing in this Agreement shall create any
contractual relationship between City and any subcontractor nor shall it create any obligation on
the part of the City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise is required by law.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the prevailing
party shall be entitled to recover its reasonable litigation expenses, including court costs, expert
witness fees, discovery expenses, and attorneys’ fees.
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21. Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and share the costs of mediation equally. If the parties are
unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in
interest. JAMS shall provide the parties with the names of five qualified mediators. Each party
shall have the option to strike two of the five mediators selected by JAMS and thereafter the
mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation,
either party may commence litigation.
22. Prohibited Interests. Consultant maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working solely
for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer or employee of City, during the term of his or her service
with City, shall have any direct interest in this Agreement, or obtain any present or anticipated
material benefit arising therefrom.
23. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. Such non-discrimination shall include, but not be limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
24. Prevailing Wages. Consultant is aware of the requirements of California Labor
Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8,
Section 16000, et seq., ("Prevailing W age Laws"), which require the payment of prevailing wage
rates and the performance of other requirements on "public works" and "maintenance" projects.
Consultant agrees to fully comply with all applicable federal and state labor laws (including,
without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in
connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear
all risks of payment or non-payment of prevailing wages under California law, and Consultant
hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees,
agents, and volunteers, free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive
termination of this Agreement.
25. Severability. If any term or portion of this Agreement is held to be invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
26. Controlling Law Venue. This Agreement and all matters relating to it shall be
governed by the laws of the State of California and any action brought relating to this Agreement
shall be held exclusively in a state court in the County of Riverside.
27. Authority to Enter Agreement. Consultant has all requisite power and authority to
conduct its business and to execute, deliver, and perform the Agreement. Each party warrants
that the individuals who have signed this Agreement have the legal power, right, and authority to
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make this Agreement and to bind each respective party. The City Manager is authorized to enter
into an amendment or otherwise take action on behalf of the City to make the following
modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non -
monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.
28. Counterparts. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire
understanding between the parties relating to the obligations described herein. All prior or
contemporaneous understandings, agreements, representations and statements, oral or written,
are superseded in total by this Agreement and shall be of no further force or effect. Consultant’s
Proposal is incorporated only for the description of the scope of services and/or the schedule of
performance and no other terms and conditions from such proposal shall apply to this Agreement
unless specifically agreed to in writing. In the event of conflict, this Agreement shall take
precedence over those contained in the Consultant’s Proposal.
30. Amendments. This Agreement may be modified or amended only by a written
document executed by both Consultant and City and approved as to form by the City Attorney.
[Signatures on next page]
Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above.
Click or tap here to enter text.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Risk Manager
“CONSULTANT”
National Demographics Corporation, a
Corporation
By: Douglas Johnson
Its: President
Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors
EXHIBIT A
EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]
EXHIBIT B
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
National Demographics Corporation
City of Lake Elsinore Scope of Work and Pricing Proposal
Page 1
Summary Scope of Work
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.
This timeline is subject to change based on ongoing changes in the date when
official population data will be available and possible changes in state deadlines.
May – June
Project Planning and decisions on public mapping
tools, whether to use a commission, and other
project options. Begin project communications
and outreach.
June – September
Any mapping tools prepared with preliminary
population data; initial pre-draft-map hearing(s)
held.
October – January
Census data received and processed; draft maps
prepared, considered, and revised (in hearings
and, if desired, less formal public workshops)
January – April Final plan revisions made and plan adopted and
implemented.
Detailed Project Scope of Work
May – June, 2021: Project Planning and Initial Outreach
a. NDC works with the jurisdiction to prepare a detailed project timeline of
expected outreach efforts, public forums, formal hearings, draft map dates,
and final map adoption dates.
b. NDC works with the jurisdiction staff (or contract specialized outreach staff
– see notes below about that option if interested) to prepare a project
outreach plan for all steps of the process covering target audiences, contact
lists, social media efforts, any potential postcard mailings, utility bill inserts,
flyers for distribution at schools, media briefings, and community group
contacts.
c. Decide what public mapping tool(s) to provide, if any.
d. Decide whether to use a commission.
National Demographics Corporation
City of Lake Elsinore Scope of Work and Pricing Proposal
Page 2
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.
June – September, 2021: Initial Data Analysis and Initial Hearings / Forums
h. NDC prepares total population estimates for use in initial hearings and any
public mapping tools.
i. NDC adds socio-economic data from the Census Bureau’s American
Community Survey to the state demographic data.
j. NDC matches the demographic database to the existing election areas.
k. NDC prepares a report regarding the demographics and compliance with
state and federal criteria of the existing election areas, including maps of
“protected class” population concentrations and other socio-economic data
often referenced in redistricting (such as income, education levels, children
at home, language spoken at home, renters / homeowners, and single-family
/ multi-family residences).
l. NDC report is circulated to the jurisdiction and into the project outreach
messaging.
m. Hearings / Forums: NDC presents an overview of the redistricting laws and
criteria, jurisdiction demographics, and the population balance of the
existing election areas and their compliance (or possible lack thereof) with
state and federal requirements.
n. The project timeline and outreach plan are presented to the public for
comments and feedback, along with a request to the public to provide
guidance on what residents consider key neighborhoods, communities of
interest, and other project-related regions in the jurisdiction.
National Demographics Corporation
City of Lake Elsinore Scope of Work and Pricing Proposal
Page 3
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).
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.
National Demographics Corporation
City of Lake Elsinore Scope of Work and Pricing Proposal
Page 4
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.
gg. NDC works with the jurisdiction staff to ensure preservation of all project
data and records, including GIS-format versions of the adopted map.
National Demographics Corporation
City of Lake Elsinore Scope of Work and Pricing Proposal
Page 5
Details of Optional Project Elements
Advisory or Independent Redistricting Commissions
NDC anticipates that many California jurisdictions will create advisory or
independent commissions to manage the redistricting process. NDC welcomes
the use of such commissions, and our pricing does not change for jurisdictions
creating commissions. But the creation, training, operation and reporting of such
commissions often leads to more meetings (and a resulting increase in the “per
meeting” project expenses) than a traditional redistricting process conducted
primarily by the jurisdiction’s elected leadership.
Outreach Assistance
NDC brings topical expertise to your jurisdiction’s outreach efforts, and NDC
makes available to all clients our library of sample outreach materials including
op-ed articles, postcards, utility bill inserts, flyers, and social media messages.
NDC provides all of these materials along with our advice and input on outreach
strategy and materials to any interested jurisdiction, but we do not have graphic
artists to customize or design such materials in-house.
For larger-scale outreach efforts, especially where jurisdictions wish to send
representatives out to regular meetings of existing community organizations,
NDC typically works together with a jurisdiction’s in-house communications
staff and/or with one or more outreach organizations. We often work with, and
highly recommend, Tripepi-Smith, and some information on the services they
offer is included at the end of this proposal. And we would be happy to work
with any in-house team at the jurisdiction or with any firm or organization the
jurisdiction selects. Many projects can be handled by a jurisdiction’s in-house or
regular outreach and communications teams (with samples and topic expertise
provided by NDC), but a number of jurisdictions seek supplemental outside
communications assistance.
Project Website
NDC provides all project materials in website-friendly formats for posting on
the jurisdiction’s website. At no cost, NDC will provide project website samples
and website language for use on the jurisdiction’s project website. But for
jurisdictions that prefer not to take on the challenge of creating and managing a
rapidly-changing project website, NDC will create, host, and update project
website (visit to see one such site – though note that site was created prior to
passage of the new AB849 requirements).
National Demographics Corporation
City of Lake Elsinore Scope of Work and Pricing Proposal
Page 6
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 Corporation
City of Lake Elsinore Scope of Work and Pricing Proposal
Page 7
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 Corporation
City of Lake Elsinore Scope of Work and Pricing Proposal
Page 8
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 Corporation
City of Lake Elsinore Scope of Work and Pricing Proposal
Page 9
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 Corporation
City of Lake Elsinore Scope of Work and Pricing Proposal
Page 10
Project Pricing
1. Basic Project Elements (covers everything except for per-meeting and
optional expenses): .......................................................................................... $ 24,500
2. Per-Meeting expense:
In-person attendance, per meeting ............................................................ $ 2,750
Virtual (telephonic, Zoom, etc.) attendance, per meeting ...................... $ 1,250
For each meeting, NDC will prepare meeting materials, including presentation materials and
maps; present and explain key concepts, including mandatory and traditional redistricting
criteria and “communities of interest”; facilitate conversations; answer questions; and gather
feedback on existing and proposed boundaries. Per-meeting prices include all travel and other
anticipated meeting-related expenses. Telephone calls to answer questions, discuss project
status, and other standard project management tasks do not count as meetings and do not
result in any charge.
3. Optional Project Elements:
a) Project website ........................................................................................ $ 5,500
b) Public mapping tool options:
ESRI Redistricting ....................................................................................... *
Caliper-centered system including all elements below .............. $ 15,500
“Maptitude Online Redistricting” (MOR)
Tuft University’s “DistrictR” (a simple neighborhood mapping tool)
Public Participation Kit paper- and Excel-based mapping tool
c) DistrictR without MOR or ESRI ......................................................... $ 7,500
d) Public Participation Kit mapping tool without MOR or ESRI ....... $ 4,500
e) Working with independent or advisory redistricting
commission ....................................................................... no additional charge
f) Additional outreach assistance ...................................... separately contracted
* ESRI prices its software on a jurisdiction-by-jurisdiction basis. The lowest prices we have
seen are $80,000 and up. If that is an option the jurisdiction would like to pursue, NDC will
request a specific price for your jurisdiction from ESRI.
Other Potential Project-Related Expenses:
The most common additional project expenses would be any site or staff costs
for conducting the community forums and the cost of printing or copying paper
copies of the “Public Participation Kit.” In NDC’s experience, most participants
will download and print the Kits in their own homes or offices.
National Demographics Corporation
City of Lake Elsinore Scope of Work and Pricing Proposal
Page 11
Additional Analysis
NDC is happy to assist with any additional analysis that the client requests at our
standard hourly rates:
Principal (Dr. Douglas Johnson) ................. $300 per hour
Vice President (Justin Levitt) ....................... $250 per hour
Senior Consultant .......................................... $200 per hour
Consultant ....................................................... $150 per hour
Analyst / Clerical ........................................... $50 per hour
Dr. Johnson is also available for deposition and/or testimony work if needed, at
$350 per hour.
Requested Payment terms:
NDC requests that the “Still Balanced” project fee be paid at the start of the
project; that the difference between the “Still Balanced” fee and half of the “Basic
Project Elements” be paid once the decision to update the district lines is made;
and the balance of the project costs be paid at the conclusion of the project.
Exception: “Still Balanced” Jurisdictions
For a few jurisdictions, the existing election areas will still meet the equal
population and voting rights act requirements using new 2020 Census data and
the requirements of California’s new “Fair Maps” law. These jurisdictions have
the option simply retain the existing map without drawing and holding hearings
on alternative maps. For jurisdictions electing this approach, the project would
conclude with that decision.
Includes all the services listed below: .............................................................. $ 8,500
Compile total population and Citizen Voting Age Population data.
Import existing election area lines.
Compile population data by election area and calculate population deviations, prepare
memo summarizing findings.
“Still Balanced” optional project elements and per-meeting expenses
Meeting attendance and optional project elements are not included in the
“minimal change” project base fee. If requested, NDC team members participate
in “minimal change” project hearings or forums at the same “per meeting”
expenses, and optional project elements are provided at the same prices listed
for a standard project in the previous section of this proposal.
National Demographics Corporation
City of Lake Elsinore Scope of Work and Pricing Proposal
Page 12
Conclusion
Since its founding NDC has been the nation’s preeminent company devoted to
local election systems. To summarize:
NDC has more experience in the field of municipal political election systems
than any other company.
NDC’s experience and expertise has been recognized by our hundreds of
clients, the California League of Cities, the California School Board
Association, the California Special District Association, and the National
Conference of State Legislatures.
NDC, founded in 1979, has a demonstrated record of financial solvency.
NDC’s hardware and software resources were specially designed and acquired
for districting and redistricting purposes.
NDC’s highly respected personnel have impeccable credentials in each aspect
of the districting and redistricting processes.
NDC’s suggested approach has been tested in many jurisdictions.
Any NDC client can be contacted for testimonials and reference.
NDC has demonstrated experience over many years in working with the press
and media on local election system issues.
Neither the Justice Department nor any Court has ever rejected any of over
350 local government maps adopted through NDC-managed districting and
redistricting projects.
NDC takes pride in tailoring each project to the needs and goals of each
individual client. NDC is open to any feedback, concerns, requests, or changes
regarding this proposal.
NDC looks forward to the opportunity to work with you on this project.
National Demographics Corporation
City of Lake Elsinore Scope of Work and Pricing Proposal
Page 13
Proposal Acceptance
The terms of this proposal are available for 90 calendar days from its delivery to
you. In most situations, NDC is open to extending that period of time to meet
any particular needs of your jurisdiction.
If your jurisdiction has specific contract and/or letter of agreement language you
prefer to use, please provide it and ignore the signature block below. If you
prefer, simply sign two copies of this proposal in the signature block below and
return them to NDC. Once signed by NDC, one copy will be returned to you.
Thank you.
For National Demographics Corporation For Lake Elsinore
Douglas Johnson, President
Date Date