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HomeMy WebLinkAbout03 - CC-5 - PSA with National Demographics Corp - 4/6/20211 CITY COUNCIL AGENDA REPORT MEETING DATE: April 6, 2021 ITEM NUMBER: CC-5 SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH NATIONAL DEMOGRAPHICS CORPORATION FOR DEMOGRAPHIC SERVICES AND PUBLIC PARTICIPATION SERVICES RELATED TO THE 2021 REDISTRICTING PROCESS DATE: MARCH 25, 2021 FROM: CITY MANAGER’S OFFICE/CITY CLERK DIVISION PRESENTATION BY: BRENDA GREEN, CITY CLERK FOR FURTHER INFORMATION CONTACT: BRENDA GREEN, CITY CLERK (714) 754-5221 BRENDA.GREEN@COSTAMESACA.GOV RECOMMENDATION: Staff recommends that City Council: 1. Approve and authorize a Professional Services Agreement with National Demographics Corporation (NDC) and the City of Costa Mesa for a total not-to- exceed $80,000, for demographics analysis of census data, drawing draft maps of proposed boundaries of districts, public outreach, and interactive web tools related to the City’s 2021 Redistricting Process. 2. Authorize the City Manager and City Clerk to execute a Professional Services Agreement, in substantially the form as attached and in such final form as approved by the City Attorney and future amendments to the agreement. BACKGROUND: The United States Constitution requires a census count every ten (10) years of everyone residing in the United States. Census data is used for geographically defining state legislative districts in the year following a census. At the conclusion of each United States of America Census process, the City must conduct a process to analyze population data in order to redraw district boundaries to ensure that districts are substantially equal in population as required by the United States Constitution and in compliance with the federal Voting Rights Act of 1965. The California Voting Rights Act has additional provisions with the purpose of ensuring equal access to voting and representation. 2 In doing so, the City must use the following criteria in the listed order of priority: 1. Geographic contiguity. 2. Geographic integrity of any local neighborhood or local communities of interest. 3. Easily identifiable and understandable districts bound by natural and artificial barrier, including streets and boundaries of the county when practicable. 4. Encouraging geographical compactness so that nearby areas of population are not bypassed in favor of more distant populations. The Elections Code also specifies that the Council shall not adopt district boundaries for the purpose of undue influence on political affiliations. Additional criteria can be considered, as long as they are not in conflict with or outweigh the criteria required by the State and Federal laws. In November 2016 Ordinance 16-05 was approved by the voters which amended the City’s method of electing members to the City Council commencing in November 2018. The proposed measure was placed on the ballot by the City Council as part of a settlement agreement with plaintiffs who asserted that Costa Mesa’s at-large system violated the California Voting Rights Act. Pursuant to the approved Ordinance the City is currently divided into 6 geographic districts, with a Mayor elected by voters citywide. Tentative Schedule (subject to timely receipt of 2020 census data) April 6, 2021 City Council approve Agreement with NDC. April-July 2021 Redistricting Team creates website and public outreach plan (City Attorney, City Clerk, NDC). August-Nov. 2021 Public Participation workshops conducted. Draft maps prepared, considered, and revised in public hearings. US Census Bureau to send data to be used by the states for redistricting to the states by September 30, 2021, delayed from the traditional date of March 31, 2021 due to the Covid pandemic. Dec.-Feb. 2022 Final plan revisions made and plan adopted and implemented. November 2022 General Election 3 Contingent upon the results of the 2020 census, there are two possible outcomes. If the data shows a broad variance in population then a full redistricting process is necessary. However, due to Costa Mesa completing the districting process only four years ago in 2016, there is a possibility that the existing election areas will still meet the equal population and voting rights act requirements using the new 2020 Census data and the requirements of California’s new “Fair Maps” law (“Still Balanced” Jurisdictions). Should this happen in Costa Mesa the Council has the option to simply retain the existing maps without drawing and holding hearings on alternative maps. ANALYSIS: The City of Goleta released a Request for Proposal (RFP) on November 17, 2020 and received 5 proposals. The staff conducted evaluations based on the vendor’s qualifications including, but limited too: knowledge and experience, key personnel, resources, and familiarity with the project scope of work. Interviews were held with an evaluation panel for the top candidates. Ultimately, National Demographics Corporation was selected. The City of Costa Mesa is piggybacking on the City of Goleta’s agreement. NDC has a strong professional reputation and has been nationally recognized as a pioneer in good government districting and redistricting. With over 250 successful counties, city, school district, community college district, water district, and special district districting and redistricting projects completed, National Demographics Corporation is, by far, responsible for successfully districting and redistricting more local governments than any other firm. NDC possesses all the hardware and software necessary to meet the redistricting needs, and its personnel have unmatched experience in the line-drawing side of the work, as well as developing the databases used for these purposes. But more important are the firm’s public outreach skills and the team’s understanding of the perspective of all parties in this process. Once the process begins, NDC will assist the City to ensure that all procedures and hearing requirements are followed, including map adoption. In addition to the formal public hearings, NDC will assist with the less formal public workshops. NDC pioneered the “transparent districting” approach that involves the public at every stage of the process and the company invented the “public participation kit”. NDC’s approach to public engagement is the three E’s: Engage, Educate, and Empower. NDC has the ability to manage all aspects of the process which is beneficial as the City does not have to contract with several different vendors. The Elections Code also allows for an independent redistricting commission, an advisory redistricting commission, or a hybrid of the two commissions. The timeline for redistricting is being compressed due to the delay in the release of Census data and therefore staff is not recommending this alternative due to the very tight timelines. 4 ALTERNATIVES CONSIDERED: The City Council may choose not to approve the agreement with National Demographics Corporation. However, staff does not recommend the alternative action as National Demographics Corporation is believed to be the best firm due to the comprehensive services that they provide. FISCAL REVIEW: The funding not-to-exceed of $80,000 is included in the Fiscal Year 2020-2021 budget (101-11200-50120). The actual cost will depend on factors such as the number of meetings and public outreach workshops held. LEGAL REVIEW: The City Attorney’s Office has reviewed the report and the Professional Services Agreement and approves them as to form. CONCLUSION: Staff recommends that City Council: 1. Approve and authorize a Professional Services Agreement with National Demographics Corporation (NDC) and the City of Costa Mesa for a total not-to- exceed $80,000, for demographics analysis of census data, drawing draft maps of proposed boundaries of districts, public outreach, and interactive web tools related to the City’s 2021 Redistricting Process. 2. Authorize the City Manager and City Clerk to execute a Professional Services Agreement, in substantially the form as attached and in such final form as approved by the City Attorney and future amendments to the agreement. _________________________________ _________________________________ BRENDA GREEN SUSAN PRICE City Clerk Assistant City Manager ________________________________ _________________________________ CAROL MOLINA KIMBERLY HALL BARLOW Finance Director City Attorney Attachments 1. Professional Services Agreement with National Demographics Corporation including NDC’s proposal. 1 National Demographics, Inc. Rev. 11-2020 CITY OF COSTA MESA PROFESSIONAL SERVICES AGREEMENT WITH NATIONAL DEMOGRAPHICS, INC. DBA NATIONAL DEMOGRAPHICS CORPORATION THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 7th day of April, 2021 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and NATIONAL DEMOGRAPHICS, INC., a California corporation DBA NATIONAL DEMOGRAPHICS CORPORATION (“Consultant”). W I T N E S S E T H : A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide demographic analysis and public outreach services in connection with the City’s 2021 redistricting process, as more fully described herein; and B. WHEREAS, Section 2-165 of the Costa Mesa Municipal Code permits the City to purchase services through competitively awarded agreements of other local, state, or federal government agencies, a process known as “piggybacking”; and C. WHEREAS, the City of Goleta, California competitively awarded Consultant an agreement on February 2, 2021 for professional demographer services (“Goleta Contract”); and D. WHEREAS, the City desires to “piggyback” onto the Goleta Contract as authorized by Section 2-165 of the Costa Mesa Municipal Code; and E. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and F. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit “A” and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and G. WHEREAS, no official or employee of City has a financial interest, within the provisions of sections 1090-1092 of the California Government Code, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Consultant shall provide the professional services described in Consultant’s Proposal, attached hereto as Exhibit “A” and incorporated herein. 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by 2 National Demographics, Inc. Rev. 11-2020 professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. 1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City. Evaluations of the work will be done by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to: (a) Meet with Consultant to review the quality of the work and resolve the matters of concern; (b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or (c) Terminate the Agreement as hereinafter set forth. 1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement. 1.5. Non-Discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their 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 or veteran status, except as permitted pursuant to section 12940 of the Government Code. 1.6. Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant’s sole cost and expense. 1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement 3 National Demographics, Inc. Rev. 11-2020 are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant’s covenant under this Section shall survive the termination of this Agreement. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit A. Consultant’s total compensation shall not exceed Eighty Thousand Dollars ($80,000.00). 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant’s Proposal unless the City Manager or designee, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after termination of this Agreement. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. Unless otherwise agreed to in writing by the parties, the professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the project schedule agreed upon by City and Consultant. The project schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, pandemics, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party (each, a “Force Majeure Event”). If a party experiences a Force Majeure Event, the party shall, within five (5) days of the occurrence of the Force Majeure Event, give written notice to the other party stating the nature of the Force Majeure Event, its anticipated duration and any action being taken to avoid or minimize its effect. Any suspension of performance shall be of no greater scope and of no longer duration than is reasonably required 4 National Demographics, Inc. Rev. 11-2020 and the party experiencing the Force Majeure Event shall use best efforts without being obligated to incur any material expenditure to remedy its inability to perform; provided, however, if the suspension of performance continues for sixty (60) days after the date of the occurrence and such failure to perform would constitute a material breach of this Agreement in the absence of such Force Majeure Event, the parties shall meet and discuss in good faith any amendments to this Agreement to permit the other party to exercise its rights under this Agreement. If the parties are not able to agree on such amendments within thirty (30) days and if suspension of performance continues, such other party may terminate this Agreement immediately by written notice to the party experiencing the Force Majeure Event, in which case neither party shall have any liability to the other except for those rights and liabilities that accrued prior to the date of termination. 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of one (1) year, ending on April 6, 2022, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. 4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City’s sole risk and without liability or legal expense to Consultant. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent Best’s Key Insurance Rating Guide, and approved by City: 5 National Demographics, Inc. Rev. 11-2020 (a) Commercial general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. (b) Business automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence for bodily injury and property damage. (c) Workers’ compensation insurance as required by the State of California. Consultant agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, employees, and volunteers arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies. (d) Professional errors and omissions (“E&O”) liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. 5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: “The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.” (b) Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.” (c) Other insurance: “The Consultant’s insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the insurance provided by this policy.” 6 National Demographics, Inc. Rev. 11-2020 (d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. (e) The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention. 5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. 5.5. Non-Limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City. 6.4. Notices. Any notices, documents, correspondence or other communications 7 National Demographics, Inc. Rev. 11-2020 concerning this Agreement or the work hereunder may be provided by personal delivery or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal delivery, and (b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: IF TO CITY: National Demographics Corporation P.O. Box 5271 Glendale, CA 91221 City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 Tel: (818) 254-1221 Tel: (714) 754-5221 Attn: Doug Johnson Attn: Brenda Green Courtesy copy to: City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 Attn: Finance Dept. | Purchasing 6.5. Drug-Free Workplace Policy. Consultant shall provide a drug-free workplace by complying with all provisions set forth in City’s Council Policy 100-5, attached hereto as Exhibit “B” and incorporated herein by reference. Consultant’s failure to conform to the requirements set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City. 6.6. Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. 6.7. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. 6.8. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City’s consent, no subletting or assignment shall release Consultant of Consultant’s obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6.9. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at 8 National Demographics, Inc. Rev. 11-2020 Consultant’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect. 6.10. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph. 6.11. 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. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, 9 National Demographics, Inc. Rev. 11-2020 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. 6.12. Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require. 6.13. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. 6.14. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code section 6250 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 6.15. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code sections 81000, et seq.) and Government Code section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. 6.16. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design 10 National Demographics, Inc. Rev. 11-2020 drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.17. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect. 6.18. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced. 6.19. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.20. Binding Effect. This Agreement binds and benefits the parties and their respective permitted successors and assigns. 6.21. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.22. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.23. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.24. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.25. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 11 National Demographics, Inc. Rev. 11-2020 6.26. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.27. Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. Counterpart written signatures may be transmitted by facsimile, email or other electronic means and have the same legal effect as if they were original signatures. 6.28. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CONSULTANT __________________________________ Date: __________________________ Douglas Johnson President CITY OF COSTA MESA __________________________________ Date: __________________________ Lori Ann Farrell Harrison City Manager ATTEST: __________________________________ Brenda Green City Clerk 12 National Demographics, Inc. Rev. 11-2020 APPROVED AS TO FORM: __________________________________ Date: __________________________ Kimberly Hall Barlow City Attorney APPROVED AS TO INSURANCE: __________________________________ Date: __________________________ Ruth Wang Risk Management DEPARTMENTAL APPROVAL: __________________________________ Date: __________________________ Brenda Green City Clerk APPROVED AS TO PURCHASING: __________________________________ Date: __________________________ Carol Molina Finance Director EXHIBIT A CONSULTANT’S PROPOSAL 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 Costa Mesa for Demographic Services By National Demographics Corporation Douglas Johnson, President January 21, 2021   National Demographics Corporation Page 1 January 21, 2021 Brenda Green, City Clerk Costa Mesa 77 Fair Drive Costa Mesa, California 92626 Dear Ms. Green, Thank you for the opportunity to provide this proposal to Costa Mesa. NDC has more than 40 years of experience districting and redistricting hundreds of cities, school districts and other local jurisdictions across California, including Tustin Unified, Dana Point, Lake Forest, Orange, Westminster, Los Alamitos, Stanton, Anaheim, Buena Park, and Placentia (a full client list is available at www.ndcresearch.com/clients/). We welcome the opportunity to bring the firm’s expertise and skills to assist the City. For each project, there are certain required basic elements, and there are several options that the City can include or leave out at its option. NDC carefully tailors each project to the needs and goals of the individual client partner. NDC also welcomes the opportunity to work with our clients to encourage public participation in this process, as we offer several tools developed specifically for public engagement in districting and redistricting. The attached proposal consists of a brief introduction; specific proposed project elements and options; timeline and cost information; conclusion; and signature section. NDC looks forward to working with you on this effort. Please call or email anytime if you have any questions, concerns, or requests regarding this proposal. Sincerely, Douglas Johnson President   National Demographics Corporation Page 2 Table of Contents   Brief History of National Demographics Corporation ........................................... 3  Company Philosophy .................................................................................................... 4  Professionalism .................................................................................................. 4  Partnership .......................................................................................................... 4  Local Leadership and NDC’s Non-Partisan Approach ............................... 4  Openness ............................................................................................................. 5  Public Engagement ............................................................................................ 5  Project Software ................................................................................................. 6  NDC Approach to Public Engagement ..................................................................... 6  The Three E’s of Public Participation: Engage, Educate, and Empower 6  Sample Public Participation Mapping Tool ................................................... 7  Sample Online Mapping Tool ......................................................................... 8  Sample NDC “Interactive Review Map” (used to view and evaluate, not to draw, maps) .................................................................................................... 8  The NDC Team ............................................................................................................. 9  Recognition of the NDC’s Expertise ......................................................................... 9  NDC Client Testimonials ........................................................................................... 13  Impeccable References ............................................................................................... 15  Summary Scope of Work ........................................................................................... 16  Detailed Project Scope of Work ............................................................................... 17  Details of Optional Project Elements ...................................................................... 20  Advisory or Independent Redistricting Commissions ............................... 20  Outreach Assistance ........................................................................................ 20  Project Website ................................................................................................ 21  Background on Online Mapping Tool Options ......................................... 21  Paper- and Excel-based Public Mapping Tools .......................................... 24  Project Pricing .............................................................................................................. 25  Other Potential Project-Related Expenses: ............................................................. 25  Additional Analysis ...................................................................................................... 26  Requested Payment terms: ......................................................................................... 27  Exception: “Still Balanced” Jurisdictions ................................................................. 27  Conclusion .................................................................................................................... 28  Proposal Acceptance ................................................................................................... 29  Resumes of NDC President Dr. Douglas Johnson and Vice President Dr. Justin Levitt ..................................................................... 30   National Demographics Corporation Page 3 Brief History of National Demographics Corporation NDC has served hundreds of local governments since our founding in 1979. While most of NDC’s work is in California and Arizona, the firm has performed projects in all regions of the country, serving clients as varied as the States of Mississippi, Arizona, Florida and Illinois; Clark County (Nevada); the California counties of Merced, San Bernardino, and San Diego; the San Diego Unified School District; the City of Oakland; Yuma County (Arizona); the Arizona cities of Glendale, Mesa, Peoria, Phoenix, and Surprise; and relatively smaller jurisdictions such as the City of Bradbury and Clay Elementary School District. The company is especially well known for its districting and redistricting work with local governments. NDC has established a reputation as the leading demographic expert on the California Voting Rights Act (CVRA), having performed demographic assessments of potential CVRA liability and/or moves to by-district elections for over 350 jurisdictions. No company has been responsible for addressing the electoral demographic needs of more local governments, as NDC has districted and/or redistricted more than 250 counties, school districts, cities, water districts, and other local jurisdictions. Nationally recognized as a pioneer in good government districting and redistricting, NDC has unmatched expertise in the issues, questions, and decisions jurisdictions face in any discussion regarding districting, redistricting, the California and Federal Voting Rights Act and related election system choices.   National Demographics Corporation 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. Partnership In recognition of the vital role these groups play in informing and assisting their members, NDC is a sponsor of the California League of Cities, the California Special Districts Association, and we are currently finalizing our sponsorship of the California School Boards Association and the California Association of Counties. For years, NDC has frequently appeared on panels organized by these organizations to share information with their members about the California Voting Rights Act, the Census, and the districting and redistricting rules and process. NDC also assists the League of Cities and CSBA with negotiations and suggested language for legislation on districting/redistricting and the California Voting Rights Act. Local Leadership and NDC’s Non-Partisan Approach NDC is an advisor and technical resource. The firm’s role is to assist our clients in implementing our clients’ goals and directions within the complicated demographic and legal constraints of the project. NDC shares its experience and expertise, but the final plan is selected by the jurisdiction’s elected leaders, not NDC. The firm is sometimes criticized, usually by people from outside of the client jurisdiction, for not acting as an advocate or proselytizer for what these outsiders think is “right” for the client. But NDC team members are expert advisors, not proselytizers. NDC guides our clients through the process to a map that meets all legal requirements and the goals of our client – not the goals of outside critics. NDC welcomes the chance to assist each client through this process following the direction of the jurisdiction's elected leadership, key staff members, and the entire community.   National Demographics Corporation Page 5 Understandably, a common question in every redistricting whether there is any influence of any improper political bias on the process. NDC’s four decades of success working for jurisdictions with all-Democratic leadership, jurisdictions with all-Republican leadership, and every possible combination in between, reflects our steadfast dedication to non-partisan service. The NDC team includes members who worked or served in Republican positions before coming to NDC, and members who worked or served in Democratic positions, and obviously every team member holds their own personal political beliefs. Arriving at work, each of us puts our personal political feelings aside and focuses on implementing the policy goals and directions of our clients using NDC’s non-partisan, professional and expert guidance regarding the requirements and options facing each client. We believe most of our clients would be hard-pressed to guess which NDC team members are registered as independents or with any political party, and we are proud to have satisfied customers and clients whose partisan leanings (even in their non-partisan local government offices) similarly cross the entire partisan spectrum. Openness Any change in election systems can have momentous implications for the distribution of political power in a jurisdiction and for access by groups and individuals to the governance process. Not surprisingly, such changes often attract considerable public attention, sometimes generate intense controversy, and may draw charges of manipulation and abuse of power. It is crucial, therefore, that the jurisdiction establish, at the beginning, a process that is not only fair, but that is seen to be fair, to all contending groups and individuals. Public Engagement NDC pioneered the “transparent districting” approach that involves the public at every stage of the process and the company invented the "public participation kit" back in 1990. But NDC’s most valuable service is the firm’s experience transforming often contentious and passionate debates into thoughtful, constructive discussions focused on the options and outcomes rather than individual personalities. NDC also has considerable experience working with translators in public forums and providing materials in English and Spanish. NDC’s approach has been widely praised in the media, and NDC has worked extensively with all types of press including radio, television, newspaper, and new media.   National Demographics Corporation Page 6 Project Software NDC uses Caliper Corporation’s Maptitude for Redistricting software for processing public map submissions and drawing NDC’s draft maps and Board- directed revisions. Maptitude for Redistricting can open and use the standard “Shapefile” and “File Geodatabase” GIS data formats, and Maptitude for Redistricting can export all files to “Shapefile” and “File Geodatabase” formats. NDC uses ESRI’s ArcGIS Online to present those maps for Board, Staff and Public review in an easy-to-use, interactive format. NDC also uses ArcGIS Pro for some specialized Geographic Information System (GIS) analysis; for opening and reviewing data received from clients or from other jurisdictions; and when needed for final map post-adoption processing for delivery to the jurisdiction and to the County Registrar. Microsoft PowerPoint is also used for many presentations, though NDC is currently experimenting with a possible move to ESRI’s “Story Maps” for some presentations. NDC Approach to Public Engagement The Three E’s of Public Participation: Engage, Educate, and Empower NDC’s “Three E’s” approach recognizes the complex and daunting nature of districting and redistricting projects, while emphasizing the importance of public participation in such projects. Given the complexity of the issue, the public cannot be expected to jump in with constructive ideas and input without encouragement. So NDC’s approach begins with the first “E”: Engage. NDC works with our clients to get the word out about why the project matters – and how input from residents can be a decisive element of the project. Once their interest is engaged, the second “E” is Educate. Most media coverage of this topic focuses on congressional gerrymandering, giving the entire field a tainted and hopeless feel. NDC works with our clients to explain how local districting and redistricting is based on neighborhoods and communities – not national politics. We educate the public on the data, requirements and goals of redistricting, and on the many options residents have to formulate and share their own maps or other constructive input. The third “E” is Empower. For those projects where the level of public interest and engagement justify the expense, NDC offers an unmatched array of paper, Excel-based, and online mapping tools that residents can use to draw detailed, population-balanced maps for consideration by the jurisdiction.   National Demographics Corporation Page 7 When included in a project, NDC has seen considerable public interest in these optional public participation tools. Often five, ten or even twenty or thirty draft maps are proposed by community residents. And NDC developed a highly refined and proven methodology for efficiently guiding our clients through selecting and refining a map, even when starting from 10, 20, 30 or more initial draft maps. For those jurisdictions where the expense of the optional mapping tools is too high, NDC always welcomes any letters, comments, or hand-drawn maps that residents wish to submit during the districting or redistricting process. For every project, at no extra expense, NDC includes an online “interactive review map” that allows residents to analyze draft maps zooming in and out, searching for specific addresses, and by changing between street maps, satellite images, and other underlying base maps. Samples of these tools are shown on the following pages, and additional details on each of them appears later in this proposal. Sample Public Participation Mapping Tool   National Demographics Corporation Page 8 Sample Online Mapping Tool Sample NDC “Interactive Review Map” (used to view and evaluate, not to draw, maps)   National Demographics Corporation Page 9 The NDC Team NDC’s 40 years of service to local governments is grounded in our academic founding and decades of professional relationships with all forms of local governments. Each NDC team member has been extensively trained in the legal requirements, demographic details, and complicated personal and community interests involved in every districting and redistricting project. And every NDC team member has been briefed on the wide range of unusual and bizarre challenges NDC has encountered over our more than 250 successfully completed local government projects. Whatever question or situation arises, your NDC team can handle it. NDC President Dr. Douglas Johnson leads all team training and closely monitors the progress of every client project. NDC President Dr. Johnson and Vice President Dr. Levitt are always available to all clients, and typically are personally involved whenever particularly unusual or complex situations arise. And each NDC project has an NDC Consultant or Senior Consultant as a primary point of contact to ensure seamless information flows and continuity. All NDC project leaders are a fully trained Consultants or Senior Consultants with years of experience working with local government elected leadership and top staff members. Each NDC team leader brings their personal expertise in demographics, city governance, school district governance and/or special district management to every project. And each team leader has particular expertise and focus in specific geographic areas. All team members resumes are available on www.ndcresearch.com/about-us/. Recognition of the NDC’s Expertise Both national and local organizations have recognized NDC’s unmatched experience and expertise in the Census, districting, and redistricting. National Recognition Nationally, the National Conference of State Legislatures hosted NDC as a panelist at five different forums held for state legislators and legislative staff from across the country. NDC President Douglas Johnson addressed these forums on the following topics: 1. Citizen Voting Age Data from a line-drawer's viewpoint 2. Communities of Interest in Redistricting: A key to drawing 2011 plans (and for their defense) 3. The Key to Successful Redistricting 4. Communities of Interest In Redistricting: A Practical Guide   National Demographics Corporation Page 10 5. The Arizona Independent Redistricting Commissions' experiences with the first-ever independent redistricting In addition:  The National League of Women Voters hosted NDC President Douglas Johnson at a 2006 conference on “Building a National Redistricting Reform Movement,”  Texas Tech University hosted Dr. Johnson as a panelist at its “Symposium on Redistricting;”  The Arizona League of Cities and Towns hosted Dr. Johnson as a panelist on “Redistricting Law and the Voting Rights Act: What It Means for Your City or Town in 2011” and  The Arizona Bar Association hosted Dr. Johnson as a panelist on “Communities of interest and technology in redistricting.” California League of Cities Recognition The California League of Cities hosted NDC as panelists over a dozen times to date: General Meeting panel: 2006 and 2015 Executive Forum panel: 2018 and 2020 City Clerk Department panel: 2014, 2017, 2018, twice in 2019, and 2020 City Manager Department panel: 2015 and 2019 City Attorney Department panel: 2018 Inland Empire Chapter presentation: 2016 South Bay Chapter presentation: 2020 and 2021 Recognition by Additional California Organizations Other California organizations and conferences since 2011 recognizing NDC’s expertise in this field include: 2020 California County Counsel Assoc. 2021 Redistricting - What Local Government Attorneys Need to Know 2020 “Voice of San Diego” Politifest Redistricting--What it means for our community 2020 County Committee Secretaries Annual Summit The California Voting Rights Act   National Demographics Corporation Page 11 2020 Rose Institute of State and Local Government 2021 Redistricting: New Rules for California Local Governments 2020 California Special Districts Association California Voting Rights Act Challenge Factors 2020 Associated Cities of California – Orange County 2021 Redistricting: The Rules have Changed 2020 California Municipal Law Conference Municipal Redistricting in 2021: New Rules of the Road 2019 California Association of School Business Officials Transitioning to By-Trustee-Areas Elections 2019 USC City/County Fellowship Program The Challenges of Municipal Election Districts 2019 California Special Districts Association District Elections and the California Voting Rights Act 2018 California Special Districts Association Converting From At-Large to By-District Elections Under the California Voting Rights Act 2018 Riverside County Bar Assoc. Redistricting and the California Voting Rights Act 2018 California School Board Assoc. Voter Districts: The Link Between Strong Community Engagement and a Successful Process 2017 California School Board Assoc. 15 Years with the California Voting Rights Act: Lessons Learned and Challenges Ahead 2017 UC’s National Public Service Law Conference Moderator, “Voting Rights 101” 2016 Los Angeles County School Business Officials CVRA: What CBO’s Need to Know 2016 Los Angeles County School Trustees Assoc. The CVRA: What School Board Members Need to Know 2015 Associated Cities of California – Orange County The California Voting Rights Act   National Demographics Corporation Page 12 2015 California School Board Assoc. The California Voting Rights Act: What Board Members Must Know 2015 Los Angeles County School Boards Assoc. CVRA & Districting: The Demographer’s Perspective 2011 Channel Cities Club Lunch Keynote: “California's next experiment: independent, public redistricting” Trusted Advisor to Local Government and Redistricting Reform Groups NDC acted as an informal advisor to the California League of Cities and the California School Board Association during the debate over the AB849 “FAIR MAPS Act” in 2019. NDC acted as an informal advisor to the California League of Cities during the debate over AB1276 (revising the FAIR MAPS Act provisions) in 2020. NDC provided ideas, advice, maps and research to the 2008 Common Cause-led coalition that drafted and successfully advocated for Proposition 11, which created California’s State-level Independent Redistricting Commission. Advisor to Charter Review Commissions on Redistricting Provisions NDC advised the following groups on the redistricting and voting rights provisions of their charter revisions and ordinances: 2016 City of El Cajon charter revision and public education outreach 2015/16 Castaic Lake Water Agency and Newhall County Water District merger 2015/16 City of Corona Charter Revision 2011/12 Pasadena Unified advisor to Charter Revision Commission creating a redistricting commission and moving District to by- district elections 2009/10 City of Menifee advisor to by-district-elections ordinance language committee 2006-08 City of Modesto advisor to Charter Revision Commission creating an independent redistricting commission and public education outreach 2003 City of Goleta ordinance writing and public education outreach   National Demographics Corporation Page 13 Expert Witness and Litigation Consultant NDC President Douglas Johnson served as an expert witness in the following election and redistricting law cases: 2020 Chestnut v Merrill (Alabama) 2019 City of Redondo Beach vs State of California 2019 Ruiz-Lozito vs West Contra Costa Unified School District 2019 Common Cause v Lewis (North Carolina) 2018 Phillip Randolph Institute v Smith (Ohio) 2018 League et al. v. Johnson (Michigan) 2017 Luna v County of Kern 2018 Covington v State of North Carolina 2016 Garrett v City of Highland 2015 Jamarillo v City of Fullerton 2015 Harris vs Arizona Independent Redistricting Commission 2015 Solis v Santa Clarita Community College District 2015 Jauregui et al vs City of Palmdale 2014 Diego v City of Whittier NDC Staff also served as litigation consultants for jurisdictions in the following California Voting Rights Act cases: 1. Anaheim 2. Carson 3. Compton 4. Escondido 5. Modesto 6. Poway 7. Santa Clarita 8. Whittier 9. Santa Clarita Community College District 10. Tulare Health Care District NDC Client Testimonials Here is a sampling of what NDC’s people have to say about NDC: “Here's a great expert. . . . today you bring him in for what sounds like good information, very smart man up here.” United States Fourth District Court Judge James A Wynn, Covington v North Carolina, United States District Court for the Middle District of North Carolina, Case No. 1:15CV399   National Demographics Corporation Page 14 “I have worked on Congressional, Legislative, Los Angeles County and Los Angeles City redistricting maps on behalf of the Latino Caucus and grassroots Latino organizations for over 30 years. Douglas Johnson is one of the top redistricting experts in California, and he is who I would pick to draw a map for me anywhere in the state.” Alan Clayton, retired Executive Director of the Los Angeles County Chicano Employees Association “The excel spreadsheet is a fantastic tool. Just plug in the letter by district and on the tab see a running total of population by assigned district. It's cool.” Modesto resident’s comment, June 16, 2008 “One of the first, and in retrospect one of the best, decisions made by our commission was to hire Douglas Johnson and his colleagues at National Demographics Corporation as our primary consultants. I have never had the opportunity to work with a more highly qualified, hard-working, dedicated, professional and classy individual or group than Mr. Johnson and his associates at NDC.” Jim Huntwork, Arizona Independent Redistricting Commissioner (Republican) “In addition to his technical expertise, Doug had a keen sense of how to help us navigate the complexities of the process. He understands redistricting better than any person I know. He has a unique ability to synthesize that which is very complicated and make it very understandable for the public. He frequently would present various options, without representing any position, clearly delineating differences and challenges of each option in a clear and succinct manner.” Josh Hall, Arizona Independent Redistricting Commissioner (Democrat) “It was a great pleasure to work with Doug Johnson and NDC during the first Independent redistricting effort in Arizona. Doug and his staff were professional, efficient, responsive, and even-handed. They listened very carefully to the instructions given by the commission and performed each mapping task without bias of any kind. I would highly recommend NDC to any jurisdiction, or commission, wishing to have a successful redistricting process.” Steven W. Lynn, Chair, Arizona Independent Redistricting Commission (Independent)   National Demographics Corporation Page 15 “Thank you for all of your hard work, assistance, and patience with me during this year of CVRA conversion to by-area trustee elections. Your continual reassurance and support in dealing with all of the details was sincerely appreciated. We all have jobs to do, but when working with all of you I felt that you always went the extra mile to support our District with excellent customer service. The multiple revisions, extra conference calls, and follow up suggestions made a difference to Scott, Linda, and me. I personally enjoyed joking around with each of you while remaining professional in all presentations. It was a pleasure working with all of you. “ Jennifer Williams, Ed. D., Fullerton Joint Union High School District, Executive Director Administrative Services “Thank you for taking time out of your busy schedule to participate in the City Official Roundtable I hosted on the 2020 U.S. Census at the Redondo Beach Performing Arts Center. I appreciate that you shared your expertise on the Census to the government officials who were present. It is critical that we work together to ensure that everyone is counted in the upcoming Census.” Ted W. Lieu, Member of Congress, California 33rd District. Impeccable References All of NDC’s former clients – without exception – can be contacted for references. The following is only a sample of references: Mr. Graham Mitchell. City Manager. City of El Cajon. 200 Civic Center Way. El Cajon. CA 92020. (619) 441-1716. GMitchell@cityofelcajon.us. Mr. Jason Stilwell. City Manager. City of Santa Maria. 110 E. Cook Street. Santa Maria. CA 93454-5190. (805) 925-0951 ext. 2200. jstilwell@cityofsantamaria.org. Mr. Marcus Walton. Communications Director. West Contra Costa Unified. 1108 Bissell Ave., Room 211-215. Richmond, CA 94801. 510-205-3092. mwalton@wccusd.net. Mr. Jonathan Vasquez. Superintendent. Los Nietos School District. 8324 S. Westman Ave., Whittier, CA 90606. (562) 692-0271 Ext. 3212 jonathan_vasquez@lnsd.net. Ms. Jennifer Fitzgerald, Mayor, City of Fullerton. 303 W. Commonwealth Avenue. Fullerton, CA 92832. (714) 402-3106. jennifer@curtpringle.com. Mr. James Atencio. Assistant City Attorney. City of Richmond. 450 Civic Center Plaza. Richmond, CA 94804. 510-620-6509. James_Atencio@ci.richmond.ca.us.   National Demographics Corporation Page 16 Ms. Isabel Montenegro. Administrative Assistant. Inglewood Unified. 401 South Inglewood Avenue, Inglewood, CA 90301. 310-419-2799. imontenegro@inglewood.k12.ca.us. Ms. Pam Abel. Superintendent. Modesto City Schools. 426 Locust Street. Modesto. CA 95351-2631. (209) 574-1616. able.p@mcs4kids.com. Mr. Darrell Talbert. City Manager. City of Corona. 400 S Vicentia Avenue. Corona. CA 92882-2187. 951.279.3670. Darrell.Talbert@ci.corona.ca.us. Mr. David Silberman. Deputy County Counsel. San Mateo County. 400 County Center. 6th Floor. Redwood City. CA 94063. 650-363-4749 dsilberman@smcgov.org. Judge Hugh Rose (retired). Chairman. City of Modesto Districting Commission. 508 King Richard Lane. Modesto. CA 95350. Phone (209) 522-0719. Email: hhrose@hotmail.com. Ms. Lucinda Aja. City Clerk, City of Buckeye, Arizona. 100 N Apache Rd, Suite A, Buckeye, AZ 85326. Phone (623) 349-6007. Email: laja@buckeyeaz.gov. Summary Scope of Work NDC tailors each project to the needs and goals of each jurisdictions. Below is a typical NDC-suggested timeline and description of project elements. The dates provided below are general guidelines and will vary according to the goals, project choices, and deadlines of each jurisdiction. January – March Project Planning and decisions on public mapping tools, whether to use a commission, and other project options. Begin project communications and outreach. April – July Census data received and processed; any mapping tools prepared; and initial pre-draft-map hearing(s) held. August - November 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.   National Demographics Corporation Page 17 Detailed Project Scope of Work January – March, 2021: Project Planning and Initial Outreach a. NDC works with the jurisdiction to prepare a detailed project timeline of expected outreach efforts, public forums, formal hearings, draft map dates, and final map adoption dates. b. NDC works with the jurisdiction staff (or contract specialized outreach staff – see notes below about that option if interested) to prepare a project outreach plan for all steps of the process covering target audiences, contact lists, social media efforts, any potential postcard mailings, utility bill inserts, flyers for distribution at schools, media briefings, and community group contacts. c. Decide what public mapping tool(s) to provide, if any. d. Decide whether to use a commission. e. Create the project website: NDC will provide advice and text for the jurisdiction’s website, or as an optional project element NDC will build a project website that the jurisdiction can simply link to from the jurisdiction site. f. NDC will work with jurisdiction and County Registrar staff to confirm GIS boundaries and to identify and include in our redistricting database any available GIS data that NDC and the jurisdiction identify are likely to be useful as mapping references for NDC, the public, and for the jurisdiction. g. Project outreach begins with initial alerts and ‘invitations to participate’ sent out to the general public, to overlapping jurisdictions, and to community organizations. April –June, 2021: Initial Data Analysis and Ongoing Outreach h. Census data released and California Statewide Database completes “prison adjustments” of the data. 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.   National Demographics Corporation Page 18 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. June – July, 2021: First Hearing (Or multiple initial hearings or hearings and forums, if the jurisdiction wishes to hold more than one hearing and/or public forums prior to the release of draft maps.) m. NDC presents an overview of the redistricting laws and criteria, jurisdiction demographics, and the population balance of the existing election areas and their compliance (or possible lack thereof) with state and federal requirements. n. If the existing election areas are in compliance with state and federal rules and balanced, the jurisdiction decides whether to stop at this “Still Balanced” point or to continue with a standard redistricting. o. The project timeline and outreach plan are presented to the public for comments and feedback, along with a request to the public to provide guidance on what residents consider key neighborhoods, communities of interest, and other project-related regions in the jurisdiction. p. If the optional public mapping tools and/or Public Participation Kit are included in the project, their use is demonstrated to the public. q. Outreach efforts continue with messaging to the public, with special focus on community groups with an interest in the redistricting. August – September, 2021: Draft Mapping Time r. Outreach efforts continue with messaging reminding the public of the opportunity to provide written or mapped input on how the maps should be drawn and welcoming any maps residents with to submit.   National Demographics Corporation Page 19 s. If the optional public mapping tools and/or Public Participation Kit are included in the project, NDC provides email and phone support for any residents with questions regarding their use. t. If the optional public mapping tools and/or Public Participation Kit are included in the project, at the jurisdiction’s option additional public forums on the use of those tools can be provided. u. The public deadline for submitting any initial draft maps will be approximately seven days prior to the official deadline to post all draft maps online (to provide NDC time to process any draft maps received, and for NDC to develop our own two to four initial draft maps). v. All outreach channels are used to inform the public about the opportunity to submit draft maps and to encourage participation in the review of the upcoming draft maps. October – November, 2021: Initial Map Review and Direction w. NDC processes all public draft map submissions, drafts NDC’s draft maps, summarizes all of the draft maps. The maps, related demographics, and summaries are provided by NDC in web-friendly formats. These process maps are posted on the project website and on the NDC-provided interactive review map. x. At the jurisdiction’s option, one or more informal workshops or public forums are held to gather residents’ reactions to and preferences among the draft maps. y. The jurisdiction holds a hearing to review the draft maps, narrow down the list of initial draft maps, and provide direction on any desired new or revised maps. z. Two to three weeks are needed for the public to submit any new maps and for NDC to provide maps based on the direction at the hearing. During this time, additional outreach is conducted to inform interested residents and community groups of the selected ‘focus maps’ and the remaining opportunities to participate in the process. January – February, 2022: Map Adoption aa. Any new or revised maps, related demographics, and summaries are posted on the project website.   National Demographics Corporation Page 20 bb. At the jurisdiction’s option, one or more informal workshops or public forums are held to gather residents’ reactions to and preferences among the remaining maps. cc. One or more hearings are held to continue the review and refinement of the focus maps and, ultimately, adopt the final map. dd. Outreach continues to inform residents and community groups of the progress of the project, opportunities for future participation, and, ultimately, which map is adopted. ee. Following map adoption, NDC coordinates map implementation with the County Registrar, informing the jurisdiction staff of the progress, any issues, and ultimate completion of that work. ff. NDC works with the jurisdiction staff to ensure preservation of all project data and records, including GIS-format versions of the adopted map. 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   National Demographics Corporation Page 21 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). Background on Online Mapping Tool Options   National Demographics Corporation Page 22 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. 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 Page 23 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 Page 24 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 Page 25 Project Pricing 1. Basic Project Elements (covers everything except for per-meeting and optional expenses): .......................................................................................... $ 29,500 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) Online mapping tool options:  Caliper’s “Maptitude Online Redistricting” (MOR) ............ $ 10,500  Tuft University’s “DistrictR” .................................................... $ 5,000  ESRI Redistricting ................................................................................. * c) Public Participation Kit mapping tool: i. With MOR or ESRI online mapping tool .......... incl. at no add’l charge ii. Without MOR or ESRI online mapping tool ......................... $ 4,500 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 Corporation Page 26 copies of the “Public Participation Kit.” In NDC’s experience, most participants will download and print the Kits in their own homes or offices. Additional Analysis NDC is happy to assist with any additional analysis that the client requests at our standard hourly rates: Principal (Dr. Douglas Johnson) ................. $300 per hour Vice President (Justin Levitt) ....................... $250 per hour Senior Consultant .......................................... $200 per hour Consultant ....................................................... $150 per hour Analyst / Clerical ........................................... $50 per hour Dr. Johnson is also available for deposition and/or testimony work if needed, at $350 per hour.   National Demographics Corporation Page 27 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: .............................................................. $ 3,750  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 Corporation Page 28 Conclusion Since its founding NDC has been the nation’s preeminent company devoted to local election systems. To summarize:  NDC has more experience in the field of municipal political election systems than any other company.  NDC’s experience and expertise has been recognized by our hundreds of clients, the California League of Cities, the California School Board Association, the California Special District Association, and the National Conference of State Legislatures.  NDC, founded in 1979, has a demonstrated record of financial solvency.  NDC’s hardware and software resources were specially designed and acquired for districting and redistricting purposes.  NDC’s highly respected personnel have impeccable credentials in each aspect of the districting and redistricting processes.  NDC’s suggested approach has been tested in many jurisdictions.  Any NDC client can be contacted for testimonials and reference.  NDC has demonstrated experience over many years in working with the press and media on local election system issues.  Neither the Justice Department nor any Court has ever rejected any of the hundreds of local government districting or redistricting plan submitted by NDC. NDC takes pride in tailoring each project to the needs and goals of each individual client. NDC is open to any feedback, concerns, requests, or changes regarding this proposal. NDC looks forward to the opportunity to work with you on this project.   National Demographics Corporation Page 29 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 Costa Mesa Douglas Johnson, President Date Date Appendix Resumes of NDC President Dr. Douglas Johnson and Vice President Dr. Justin Levitt are attached. A client list and resumes of all NDC team members are available at www.ndcresearch.com/about-us/. Douglas Mark Johnson P.O. Box 5271 mobile: (310) 200-2058 Glendale, CA 91221 office: (909) 624-1442 djohnson@NDCresearch.com fax: (818) 254-1221 Employment President, National Demographics Corporation, 2006 – present. Senior Analyst, National Demographics Corporation, 2001 – 2006. Fellow, Rose Institute of State and Local Government, 2001 – present. Project Manager and Senior Manager at three internet startup companies, 1999 - 2001. U.S. Representative Stephen Horn, Legislative Director and System Manager. 1993 – 1997. Coro Foundation, Fellowship in Public Affairs. 1992 – 1993. Rose Institute for State and Local Government, Student Manager. 1989 – 1992. Education Claremont Graduate University, Ph.D. in Political Science, 2015. Dissertation: “Independent Redistricting Commissions: Hopes and Lessons Learned.” UCLA Anderson Graduate School of Management, MBA, 1999. Claremont McKenna College, BA in Government (Political Science), 1992. Academic Honors Graduated Cum Laude from Claremont McKenna College. Phi Beta Kappa. Philip Roland Prize for Excellence in Public Policy. Publications and Articles Christian Science Monitor “Let the public help draw voting districts,” October 25, 2013. New York Times, "The Case for Open Primaries," February 19, 2009. Los Angeles Times Opinion Articles: “A neighbor’s help on redistricting” June 24, 2007. “A Trojan horse primary for the GOP” February 25, 2007. “Where a porn palace stood” (article on redevelopment), July 30, 2006. Fresno Bee Opinion Article: “The Poison Handshake” June 15, 2004. Redistricting in America. Rose Institute of State and Local Government, 2010. Restoring the Competitive Edge: California's Need for Redistricting Reform and the Likely Impact of Proposition 77. Rose Institute of State and Local Government, 2005. "Competitive Districts in California" Rose Institute of State and Local Government, 2005. Latinos and Redistricting: “Californios For Fair Representation” and California Redistricting in the 1980s. Rose Institute of State and Local Government, 1991. Speaker or Panelist California School Board Association Annual Education Conference panelist: “The California Voting Rights Act: What Board Members Must Know.” December 4, 2015. Associated Cities of California – Orange County, Keynote Speaker, Newly Elected Officials’ Reception and Dinner, “The California Voting Rights Act,” January 29, 2015. California League of Cities, City Manager Department, 2015 Department Meeting: “Opportunity to Engage Residents: The California Voting Rights Act.” January 29, 2015. California League of Cities, City Clerk Department, 2014 Annual Meeting: “Whose Line Is It Anyway: Making the transition from at-large to by-district elections.” September 3, 2014. National Conference of State Legislatures, Redistricting and Elections Standing Committee: 2007 Spring Forum, "The Arizona Independent Redistricting Commissions' experiences with the first-ever independent redistricting." National Conference of State Legislatures, Redistricting and Elections Standing Committee: 2008 Spring Forum, "Communities of Interest In Redistricting: A Practical Guide." Douglas Mark Johnson National Conference of State Legislatures, Redistricting and Elections Standing Committee: 2009 Fall Forum, "The Key to Successful Redistricting." National Conference of State Legislatures, Redistricting and Elections Standing Committee: 2010 Spring Forum, "Communities of Interest in Redistricting: A key to drawing 2011 plans (and for their defense)." National Conference of State Legislatures, Redistricting and Elections Standing Committee: 2011 Winter Forum, "Citizen Voting Age Data from a line-drawer's viewpoint." Luncheon Keynote Speaker, Santa Barbara's Channel Cities Club, "California's next experiment: independent, public redistricting," January 18, 2011. Annual Conference, Arizona League of Cities and Towns, Presenter at "Redistricting Law and the Voting Rights Act: What It Means for Your City or Town in 2011," August 25, 2010. Redistricting, The 2010 Census, and Your Budget, Sponsored by the Rose Institute of State and Local Government, California League of Cities, October 15, 2009. Arizona Election Law 2010 Continuing Legal Education Conference, "Communities of interest and technology in redistricting," sponsored by the Arizona State Bar Association, March 2010 California's New Independent Redistricting Commission, sponsored by the Irvine Foundation and the California Redistricting Collaborative, December 15, 2009 Tribal Association of Sovereign Indian Nations (TASIN) Legislative Day 2009, "The 2010 Census and 2011 Redistricting in California," December 2, 2009. California School Board Association, "Litigation Issues and the California Voting Rights Act," December 4, 2009. California Latino School Boards Association, "Introduction to the California Voting Rights Act," August 20, 2009. Building a National Reform Movement, Salt Lake City, Utah, 2006, conference on redistricting reform hosted by the League of Women Voters, Campaign Legal Center, and The Council for Excellence in Government Texas Tech University, “A Symposium on Redistricting,” May, 2006 California League of Cities, "Introduction to the California Voting Rights Act." Voices of Reform, a project of the Commonwealth Club of San Francisco: multiple forums on redistricting and / or term limits, 2006 – 2007 Classroom speaker at Pepperdine University, the University of La Verne, Pomona College and Claremont McKenna College Justin Mark Levitt P.O. Box 5271 mobile: (480) 390-7480 Glendale, CA 91221 office: (818) 254-1221 jlevitt@NDCresearch.com fax: (818) 254-1221 Employment Vice-President, National Demographics Corporation, 2012 – present. Senior Analyst, National Demographics Corporation, 2003 – 2011. Instructor in Political Science, University of California, San Diego, 2012 – present. Graduate Research Fellow, Center for US-Mexico Studies, 2010 – present. Graduate Research Fellow, University of California, San Diego, 2008 – 2010 and 2013 – 2014. Jesse M. Unruh California Assembly Fellow. 2006 – 2007. Rose Institute for State and Local Government, Student Manager. 2005 – 2006. Education University of California, San Diego, Ph.D. Political Science, 2016. Dissertation title: “The Impact of Geographic Patterns on Tradeoffs in Redistricting.” Claremont McKenna College, BA in Philosophy, Politics and Economics (PPE), 2006. Academic Honors California Studies Fellow, University of California, San Diego, 2007 – 2009 Graduated Cum Laude from Claremont McKenna College. Publications and Conference Presentations Settle, Jamie, Robert Bond, and Justin Levitt. 2011. “The Social Origins of Adult Political Behavior.” American Politics Research: 39 (2). 239-263 Miller, Kenneth and Justin Levitt. 2007. “The San Joaquin Valley.” In The New Political Geography of California. Eds. Frederick Douzet, Thad Kousser, and Kenneth Miller. Berkeley: Institute of Government Studies. “The Political Geography of Tradeoffs in Redistricting” Paper presented at the State Politics and Policy Conference, Iowa City, IA, 2013 Getting What You Want: A Bargaining Approach to Fair Division in Redistricting. Paper presented at the “Challenging Urban Borders : the geopolitics of immigration and segregation” workshop, Berkeley, CA, 2013 and the State Politics and Policy Conference, Houston, TX, 2012 “An Atlas of Public Health in Mexico” (with Alberto Diaz Cayeros). Paper presented at the Hewlett Foundation Conference on Public Health, Mexico City, DF. 2012 “Remoteness and the Territoriality of Public Health” (with Alberto Diaz Cayeros). Paper presented at the American Political Science Association conference, Seattle, WA. 2011 “Initiatives as revealed preferences” Paper presented at the American Political Science Association conference, Seattle, WA. 2011 “No Se Puede: Latino Political Incorporation in Phoenix.”. Paper Presented at the New Political Geography of California conference, Berkeley, CA., 2009 Justin Mark Levitt “Political Change in the Central Valley”. Paper Presented at the Western Political Science Association conference, Las Vegas, NV.,2007 Working Papers Hill, Seth, Thad Kousser, Alex Hughes, and Justin Levitt. ND. “How Competitiveness Shapes Infrequent Primary Voters Response to Receiving a GOTV Mailer.” Diaz-Cayeros, Alberto and Justin Levitt. ND. “Remoteness and the Territoriality of Public Health.” Levitt, Justin. ND. “Getting What You Want: A Bargaining Approach to Fair Division in Commission- led Redistricting.” Teaching Experience California State University, Long Beach, Department of Political Science Adjunct Professor—POSC 327 (Urban Politics) Spring 2016-Present Adjunct Professor—POSC 229 (Cases in Policy Analysis) Present Adjunct Professor—POSC 412 (Law and Social Change) Spring 2016-Present Adjunct Professor—POSC 399 (California Politics Short Course) Present University of California, San Diego, Department of Political Science Co-Instructor—UPS 170 (Regional Governance Reconsidered) Spring 2015 Instructor—Poli 100A (The Presidency) Fall 2014 Instructor—Poli 160AA (Introduction to Public Policy Analysis) Fall 2013 Instructor—Poli 10 (Introduction to American Politics) Summer 2013 EXHIBIT B CITY COUNCIL POLICY 100-5 CITY OF COSTA MESA, CALIFORNIA COUNCIL POLICY BACKGROUND Under the Federal Drug-Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub-grantee of Federal funds under a variety of programs, is required to abide by this Act. The City Council has expressed its support of the national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools and other activities in support of a drug-free community. This policy is intended to extend that effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the workplace. PURPOSE It is the purpose of this Policy to: 1. Clearly state the City of Costa Mesa’s commitment to a drug-free society. 2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds from the City of Costa Mesa share the commitment to a drug-free workplace. POLICY The City Manager, under direction by the City Council, shall take the necessary steps to see that the following provisions are included in all contracts and agreements entered into by the City of Costa Mesa involving the disbursement of funds. 1. Contractor or Sub-grantee hereby certifies that it will provide a drug-free workplace by: A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor’s and/or sub-grantee’s workplace, specifically the job site or location included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibition; B. Establishing a Drug-Free Awareness Program to inform employees about: SUBJECT DRUG-FREE WORKPLACE POLICY NUMBER 100-5 EFFECTIVE DATE 8-8-89 PAGE 1 of 3 SUBJECT DRUG-FREE WORKPLACE POLICY NUMBER 100-5 EFFECTIVE DATE 8-8-89 PAGE 2 of 3 1. The dangers of drug abuse in the workplace; 2. Contractor’s and/or sub-grantee’s policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation and employee assistance programs; and 4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; C. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by subparagraph A; D. Notifying the employee in the statement required by subparagraph 1 A that, as a condition of employment under the contract, the employee will: 1. Abide by the terms of the statement; and 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction; E. Notifying the City of Costa Mesa within ten (10) days after receiving notice under subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such conviction; F. Taking one of the following actions within thirty (30) days of receiving notice under subparagraph 1 D 2 with respect to an employee who is so convicted: 1. Taking appropriate personnel action against such an employee, up to and including termination; or 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health agency, law enforcement, or other appropriate agency; SUBJECT DRUG-FREE WORKPLACE POLICY NUMBER 100-5 EFFECTIVE DATE 8-8-89 PAGE 3 of 3 G. Making a good faith effort to maintain a drug-free workplace through implementation of subparagraphs 1 A through 1 F, inclusive. 2. Contractor and/or sub-grantee shall be deemed to be in violation of this Policy if the City of Costa Mesa determines that: a. Contractor and/or sub-grantee has made a false certification under paragraph 1 above; b. Contractor and/or sub-grantee has violated the certification by failing to carry out the requirements of subparagraphs 1 A through 1 G above; c. Such number of employees of Contractor and/or sub-grantee have been convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate that the contractor and/or sub-grantee has failed to make a good faith effort to provide a drug-free workplace. 3. Should any contractor and/or sub-grantee be deemed to be in violation of this Policy pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon issuance of any final decision under this section requiring debarment of a contractor and/or sub-grantee, the contractor and/or sub-grantee shall be ineligible for award of any contract, agreement or grant from the City of Costa Mesa for a period specified in the decision, not to exceed five (5) years. Upon issuance of any final decision recommending against debarment of the contractor and/or sub-grantee, the contractor and/or sub-grantee shall be eligible for compensation as provided by law. 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 Costa Mesa for Demographic Services By National Demographics Corporation Douglas Johnson, President January 21, 2021   National Demographics Corporation Page 1 January 21, 2021 Brenda Green, City Clerk Costa Mesa 77 Fair Drive Costa Mesa, California 92626 Dear Ms. Green, Thank you for the opportunity to provide this proposal to Costa Mesa. NDC has more than 40 years of experience districting and redistricting hundreds of cities, school districts and other local jurisdictions across California, including Tustin Unified, Dana Point, Lake Forest, Orange, Westminster, Los Alamitos, Stanton, Anaheim, Buena Park, and Placentia (a full client list is available at www.ndcresearch.com/clients/). We welcome the opportunity to bring the firm’s expertise and skills to assist the City. For each project, there are certain required basic elements, and there are several options that the City can include or leave out at its option. NDC carefully tailors each project to the needs and goals of the individual client partner. NDC also welcomes the opportunity to work with our clients to encourage public participation in this process, as we offer several tools developed specifically for public engagement in districting and redistricting. The attached proposal consists of a brief introduction; specific proposed project elements and options; timeline and cost information; conclusion; and signature section. NDC looks forward to working with you on this effort. Please call or email anytime if you have any questions, concerns, or requests regarding this proposal. Sincerely, Douglas Johnson President   National Demographics Corporation Page 2 Table of Contents   Brief History of National Demographics Corporation ........................................... 3  Company Philosophy .................................................................................................... 4  Professionalism .................................................................................................. 4  Partnership .......................................................................................................... 4  Local Leadership and NDC’s Non-Partisan Approach ............................... 4  Openness ............................................................................................................. 5  Public Engagement ............................................................................................ 5  Project Software ................................................................................................. 6  NDC Approach to Public Engagement ..................................................................... 6  The Three E’s of Public Participation: Engage, Educate, and Empower 6  Sample Public Participation Mapping Tool ................................................... 7  Sample Online Mapping Tool ......................................................................... 8  Sample NDC “Interactive Review Map” (used to view and evaluate, not to draw, maps) .................................................................................................... 8  The NDC Team ............................................................................................................. 9  Recognition of the NDC’s Expertise ......................................................................... 9  NDC Client Testimonials ........................................................................................... 13  Impeccable References ............................................................................................... 15  Summary Scope of Work ........................................................................................... 16  Detailed Project Scope of Work ............................................................................... 17  Details of Optional Project Elements ...................................................................... 20  Advisory or Independent Redistricting Commissions ............................... 20  Outreach Assistance ........................................................................................ 20  Project Website ................................................................................................ 21  Background on Online Mapping Tool Options ......................................... 21  Paper- and Excel-based Public Mapping Tools .......................................... 24  Project Pricing .............................................................................................................. 25  Other Potential Project-Related Expenses: ............................................................. 25  Additional Analysis ...................................................................................................... 26  Requested Payment terms: ......................................................................................... 27  Exception: “Still Balanced” Jurisdictions ................................................................. 27  Conclusion .................................................................................................................... 28  Proposal Acceptance ................................................................................................... 29  Resumes of NDC President Dr. Douglas Johnson and Vice President Dr. Justin Levitt ..................................................................... 30   National Demographics Corporation Page 3 Brief History of National Demographics Corporation NDC has served hundreds of local governments since our founding in 1979. While most of NDC’s work is in California and Arizona, the firm has performed projects in all regions of the country, serving clients as varied as the States of Mississippi, Arizona, Florida and Illinois; Clark County (Nevada); the California counties of Merced, San Bernardino, and San Diego; the San Diego Unified School District; the City of Oakland; Yuma County (Arizona); the Arizona cities of Glendale, Mesa, Peoria, Phoenix, and Surprise; and relatively smaller jurisdictions such as the City of Bradbury and Clay Elementary School District. The company is especially well known for its districting and redistricting work with local governments. NDC has established a reputation as the leading demographic expert on the California Voting Rights Act (CVRA), having performed demographic assessments of potential CVRA liability and/or moves to by-district elections for over 350 jurisdictions. No company has been responsible for addressing the electoral demographic needs of more local governments, as NDC has districted and/or redistricted more than 250 counties, school districts, cities, water districts, and other local jurisdictions. Nationally recognized as a pioneer in good government districting and redistricting, NDC has unmatched expertise in the issues, questions, and decisions jurisdictions face in any discussion regarding districting, redistricting, the California and Federal Voting Rights Act and related election system choices.   National Demographics Corporation 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. Partnership In recognition of the vital role these groups play in informing and assisting their members, NDC is a sponsor of the California League of Cities, the California Special Districts Association, and we are currently finalizing our sponsorship of the California School Boards Association and the California Association of Counties. For years, NDC has frequently appeared on panels organized by these organizations to share information with their members about the California Voting Rights Act, the Census, and the districting and redistricting rules and process. NDC also assists the League of Cities and CSBA with negotiations and suggested language for legislation on districting/redistricting and the California Voting Rights Act. Local Leadership and NDC’s Non-Partisan Approach NDC is an advisor and technical resource. The firm’s role is to assist our clients in implementing our clients’ goals and directions within the complicated demographic and legal constraints of the project. NDC shares its experience and expertise, but the final plan is selected by the jurisdiction’s elected leaders, not NDC. The firm is sometimes criticized, usually by people from outside of the client jurisdiction, for not acting as an advocate or proselytizer for what these outsiders think is “right” for the client. But NDC team members are expert advisors, not proselytizers. NDC guides our clients through the process to a map that meets all legal requirements and the goals of our client – not the goals of outside critics. NDC welcomes the chance to assist each client through this process following the direction of the jurisdiction's elected leadership, key staff members, and the entire community.   National Demographics Corporation Page 5 Understandably, a common question in every redistricting whether there is any influence of any improper political bias on the process. NDC’s four decades of success working for jurisdictions with all-Democratic leadership, jurisdictions with all-Republican leadership, and every possible combination in between, reflects our steadfast dedication to non-partisan service. The NDC team includes members who worked or served in Republican positions before coming to NDC, and members who worked or served in Democratic positions, and obviously every team member holds their own personal political beliefs. Arriving at work, each of us puts our personal political feelings aside and focuses on implementing the policy goals and directions of our clients using NDC’s non-partisan, professional and expert guidance regarding the requirements and options facing each client. We believe most of our clients would be hard-pressed to guess which NDC team members are registered as independents or with any political party, and we are proud to have satisfied customers and clients whose partisan leanings (even in their non-partisan local government offices) similarly cross the entire partisan spectrum. Openness Any change in election systems can have momentous implications for the distribution of political power in a jurisdiction and for access by groups and individuals to the governance process. Not surprisingly, such changes often attract considerable public attention, sometimes generate intense controversy, and may draw charges of manipulation and abuse of power. It is crucial, therefore, that the jurisdiction establish, at the beginning, a process that is not only fair, but that is seen to be fair, to all contending groups and individuals. Public Engagement NDC pioneered the “transparent districting” approach that involves the public at every stage of the process and the company invented the "public participation kit" back in 1990. But NDC’s most valuable service is the firm’s experience transforming often contentious and passionate debates into thoughtful, constructive discussions focused on the options and outcomes rather than individual personalities. NDC also has considerable experience working with translators in public forums and providing materials in English and Spanish. NDC’s approach has been widely praised in the media, and NDC has worked extensively with all types of press including radio, television, newspaper, and new media.   National Demographics Corporation Page 6 Project Software NDC uses Caliper Corporation’s Maptitude for Redistricting software for processing public map submissions and drawing NDC’s draft maps and Board- directed revisions. Maptitude for Redistricting can open and use the standard “Shapefile” and “File Geodatabase” GIS data formats, and Maptitude for Redistricting can export all files to “Shapefile” and “File Geodatabase” formats. NDC uses ESRI’s ArcGIS Online to present those maps for Board, Staff and Public review in an easy-to-use, interactive format. NDC also uses ArcGIS Pro for some specialized Geographic Information System (GIS) analysis; for opening and reviewing data received from clients or from other jurisdictions; and when needed for final map post-adoption processing for delivery to the jurisdiction and to the County Registrar. Microsoft PowerPoint is also used for many presentations, though NDC is currently experimenting with a possible move to ESRI’s “Story Maps” for some presentations. NDC Approach to Public Engagement The Three E’s of Public Participation: Engage, Educate, and Empower NDC’s “Three E’s” approach recognizes the complex and daunting nature of districting and redistricting projects, while emphasizing the importance of public participation in such projects. Given the complexity of the issue, the public cannot be expected to jump in with constructive ideas and input without encouragement. So NDC’s approach begins with the first “E”: Engage. NDC works with our clients to get the word out about why the project matters – and how input from residents can be a decisive element of the project. Once their interest is engaged, the second “E” is Educate. Most media coverage of this topic focuses on congressional gerrymandering, giving the entire field a tainted and hopeless feel. NDC works with our clients to explain how local districting and redistricting is based on neighborhoods and communities – not national politics. We educate the public on the data, requirements and goals of redistricting, and on the many options residents have to formulate and share their own maps or other constructive input. The third “E” is Empower. For those projects where the level of public interest and engagement justify the expense, NDC offers an unmatched array of paper, Excel-based, and online mapping tools that residents can use to draw detailed, population-balanced maps for consideration by the jurisdiction.   National Demographics Corporation Page 7 When included in a project, NDC has seen considerable public interest in these optional public participation tools. Often five, ten or even twenty or thirty draft maps are proposed by community residents. And NDC developed a highly refined and proven methodology for efficiently guiding our clients through selecting and refining a map, even when starting from 10, 20, 30 or more initial draft maps. For those jurisdictions where the expense of the optional mapping tools is too high, NDC always welcomes any letters, comments, or hand-drawn maps that residents wish to submit during the districting or redistricting process. For every project, at no extra expense, NDC includes an online “interactive review map” that allows residents to analyze draft maps zooming in and out, searching for specific addresses, and by changing between street maps, satellite images, and other underlying base maps. Samples of these tools are shown on the following pages, and additional details on each of them appears later in this proposal. Sample Public Participation Mapping Tool   National Demographics Corporation Page 8 Sample Online Mapping Tool Sample NDC “Interactive Review Map” (used to view and evaluate, not to draw, maps)   National Demographics Corporation Page 9 The NDC Team NDC’s 40 years of service to local governments is grounded in our academic founding and decades of professional relationships with all forms of local governments. Each NDC team member has been extensively trained in the legal requirements, demographic details, and complicated personal and community interests involved in every districting and redistricting project. And every NDC team member has been briefed on the wide range of unusual and bizarre challenges NDC has encountered over our more than 250 successfully completed local government projects. Whatever question or situation arises, your NDC team can handle it. NDC President Dr. Douglas Johnson leads all team training and closely monitors the progress of every client project. NDC President Dr. Johnson and Vice President Dr. Levitt are always available to all clients, and typically are personally involved whenever particularly unusual or complex situations arise. And each NDC project has an NDC Consultant or Senior Consultant as a primary point of contact to ensure seamless information flows and continuity. All NDC project leaders are a fully trained Consultants or Senior Consultants with years of experience working with local government elected leadership and top staff members. Each NDC team leader brings their personal expertise in demographics, city governance, school district governance and/or special district management to every project. And each team leader has particular expertise and focus in specific geographic areas. All team members resumes are available on www.ndcresearch.com/about-us/. Recognition of the NDC’s Expertise Both national and local organizations have recognized NDC’s unmatched experience and expertise in the Census, districting, and redistricting. National Recognition Nationally, the National Conference of State Legislatures hosted NDC as a panelist at five different forums held for state legislators and legislative staff from across the country. NDC President Douglas Johnson addressed these forums on the following topics: 1. Citizen Voting Age Data from a line-drawer's viewpoint 2. Communities of Interest in Redistricting: A key to drawing 2011 plans (and for their defense) 3. The Key to Successful Redistricting 4. Communities of Interest In Redistricting: A Practical Guide   National Demographics Corporation Page 10 5. The Arizona Independent Redistricting Commissions' experiences with the first-ever independent redistricting In addition:  The National League of Women Voters hosted NDC President Douglas Johnson at a 2006 conference on “Building a National Redistricting Reform Movement,”  Texas Tech University hosted Dr. Johnson as a panelist at its “Symposium on Redistricting;”  The Arizona League of Cities and Towns hosted Dr. Johnson as a panelist on “Redistricting Law and the Voting Rights Act: What It Means for Your City or Town in 2011” and  The Arizona Bar Association hosted Dr. Johnson as a panelist on “Communities of interest and technology in redistricting.” California League of Cities Recognition The California League of Cities hosted NDC as panelists over a dozen times to date: General Meeting panel: 2006 and 2015 Executive Forum panel: 2018 and 2020 City Clerk Department panel: 2014, 2017, 2018, twice in 2019, and 2020 City Manager Department panel: 2015 and 2019 City Attorney Department panel: 2018 Inland Empire Chapter presentation: 2016 South Bay Chapter presentation: 2020 and 2021 Recognition by Additional California Organizations Other California organizations and conferences since 2011 recognizing NDC’s expertise in this field include: 2020 California County Counsel Assoc. 2021 Redistricting - What Local Government Attorneys Need to Know 2020 “Voice of San Diego” Politifest Redistricting--What it means for our community 2020 County Committee Secretaries Annual Summit The California Voting Rights Act   National Demographics Corporation Page 11 2020 Rose Institute of State and Local Government 2021 Redistricting: New Rules for California Local Governments 2020 California Special Districts Association California Voting Rights Act Challenge Factors 2020 Associated Cities of California – Orange County 2021 Redistricting: The Rules have Changed 2020 California Municipal Law Conference Municipal Redistricting in 2021: New Rules of the Road 2019 California Association of School Business Officials Transitioning to By-Trustee-Areas Elections 2019 USC City/County Fellowship Program The Challenges of Municipal Election Districts 2019 California Special Districts Association District Elections and the California Voting Rights Act 2018 California Special Districts Association Converting From At-Large to By-District Elections Under the California Voting Rights Act 2018 Riverside County Bar Assoc. Redistricting and the California Voting Rights Act 2018 California School Board Assoc. Voter Districts: The Link Between Strong Community Engagement and a Successful Process 2017 California School Board Assoc. 15 Years with the California Voting Rights Act: Lessons Learned and Challenges Ahead 2017 UC’s National Public Service Law Conference Moderator, “Voting Rights 101” 2016 Los Angeles County School Business Officials CVRA: What CBO’s Need to Know 2016 Los Angeles County School Trustees Assoc. The CVRA: What School Board Members Need to Know 2015 Associated Cities of California – Orange County The California Voting Rights Act   National Demographics Corporation Page 12 2015 California School Board Assoc. The California Voting Rights Act: What Board Members Must Know 2015 Los Angeles County School Boards Assoc. CVRA & Districting: The Demographer’s Perspective 2011 Channel Cities Club Lunch Keynote: “California's next experiment: independent, public redistricting” Trusted Advisor to Local Government and Redistricting Reform Groups NDC acted as an informal advisor to the California League of Cities and the California School Board Association during the debate over the AB849 “FAIR MAPS Act” in 2019. NDC acted as an informal advisor to the California League of Cities during the debate over AB1276 (revising the FAIR MAPS Act provisions) in 2020. NDC provided ideas, advice, maps and research to the 2008 Common Cause-led coalition that drafted and successfully advocated for Proposition 11, which created California’s State-level Independent Redistricting Commission. Advisor to Charter Review Commissions on Redistricting Provisions NDC advised the following groups on the redistricting and voting rights provisions of their charter revisions and ordinances: 2016 City of El Cajon charter revision and public education outreach 2015/16 Castaic Lake Water Agency and Newhall County Water District merger 2015/16 City of Corona Charter Revision 2011/12 Pasadena Unified advisor to Charter Revision Commission creating a redistricting commission and moving District to by- district elections 2009/10 City of Menifee advisor to by-district-elections ordinance language committee 2006-08 City of Modesto advisor to Charter Revision Commission creating an independent redistricting commission and public education outreach 2003 City of Goleta ordinance writing and public education outreach   National Demographics Corporation Page 13 Expert Witness and Litigation Consultant NDC President Douglas Johnson served as an expert witness in the following election and redistricting law cases: 2020 Chestnut v Merrill (Alabama) 2019 City of Redondo Beach vs State of California 2019 Ruiz-Lozito vs West Contra Costa Unified School District 2019 Common Cause v Lewis (North Carolina) 2018 Phillip Randolph Institute v Smith (Ohio) 2018 League et al. v. Johnson (Michigan) 2017 Luna v County of Kern 2018 Covington v State of North Carolina 2016 Garrett v City of Highland 2015 Jamarillo v City of Fullerton 2015 Harris vs Arizona Independent Redistricting Commission 2015 Solis v Santa Clarita Community College District 2015 Jauregui et al vs City of Palmdale 2014 Diego v City of Whittier NDC Staff also served as litigation consultants for jurisdictions in the following California Voting Rights Act cases: 1. Anaheim 2. Carson 3. Compton 4. Escondido 5. Modesto 6. Poway 7. Santa Clarita 8. Whittier 9. Santa Clarita Community College District 10. Tulare Health Care District NDC Client Testimonials Here is a sampling of what NDC’s people have to say about NDC: “Here's a great expert. . . . today you bring him in for what sounds like good information, very smart man up here.” United States Fourth District Court Judge James A Wynn, Covington v North Carolina, United States District Court for the Middle District of North Carolina, Case No. 1:15CV399   National Demographics Corporation Page 14 “I have worked on Congressional, Legislative, Los Angeles County and Los Angeles City redistricting maps on behalf of the Latino Caucus and grassroots Latino organizations for over 30 years. Douglas Johnson is one of the top redistricting experts in California, and he is who I would pick to draw a map for me anywhere in the state.” Alan Clayton, retired Executive Director of the Los Angeles County Chicano Employees Association “The excel spreadsheet is a fantastic tool. Just plug in the letter by district and on the tab see a running total of population by assigned district. It's cool.” Modesto resident’s comment, June 16, 2008 “One of the first, and in retrospect one of the best, decisions made by our commission was to hire Douglas Johnson and his colleagues at National Demographics Corporation as our primary consultants. I have never had the opportunity to work with a more highly qualified, hard-working, dedicated, professional and classy individual or group than Mr. Johnson and his associates at NDC.” Jim Huntwork, Arizona Independent Redistricting Commissioner (Republican) “In addition to his technical expertise, Doug had a keen sense of how to help us navigate the complexities of the process. He understands redistricting better than any person I know. He has a unique ability to synthesize that which is very complicated and make it very understandable for the public. He frequently would present various options, without representing any position, clearly delineating differences and challenges of each option in a clear and succinct manner.” Josh Hall, Arizona Independent Redistricting Commissioner (Democrat) “It was a great pleasure to work with Doug Johnson and NDC during the first Independent redistricting effort in Arizona. Doug and his staff were professional, efficient, responsive, and even-handed. They listened very carefully to the instructions given by the commission and performed each mapping task without bias of any kind. I would highly recommend NDC to any jurisdiction, or commission, wishing to have a successful redistricting process.” Steven W. Lynn, Chair, Arizona Independent Redistricting Commission (Independent)   National Demographics Corporation Page 15 “Thank you for all of your hard work, assistance, and patience with me during this year of CVRA conversion to by-area trustee elections. Your continual reassurance and support in dealing with all of the details was sincerely appreciated. We all have jobs to do, but when working with all of you I felt that you always went the extra mile to support our District with excellent customer service. The multiple revisions, extra conference calls, and follow up suggestions made a difference to Scott, Linda, and me. I personally enjoyed joking around with each of you while remaining professional in all presentations. It was a pleasure working with all of you. “ Jennifer Williams, Ed. D., Fullerton Joint Union High School District, Executive Director Administrative Services “Thank you for taking time out of your busy schedule to participate in the City Official Roundtable I hosted on the 2020 U.S. Census at the Redondo Beach Performing Arts Center. I appreciate that you shared your expertise on the Census to the government officials who were present. It is critical that we work together to ensure that everyone is counted in the upcoming Census.” Ted W. Lieu, Member of Congress, California 33rd District. Impeccable References All of NDC’s former clients – without exception – can be contacted for references. The following is only a sample of references: Mr. Graham Mitchell. City Manager. City of El Cajon. 200 Civic Center Way. El Cajon. CA 92020. (619) 441-1716. GMitchell@cityofelcajon.us. Mr. Jason Stilwell. City Manager. City of Santa Maria. 110 E. Cook Street. Santa Maria. CA 93454-5190. (805) 925-0951 ext. 2200. jstilwell@cityofsantamaria.org. Mr. Marcus Walton. Communications Director. West Contra Costa Unified. 1108 Bissell Ave., Room 211-215. Richmond, CA 94801. 510-205-3092. mwalton@wccusd.net. Mr. Jonathan Vasquez. Superintendent. Los Nietos School District. 8324 S. Westman Ave., Whittier, CA 90606. (562) 692-0271 Ext. 3212 jonathan_vasquez@lnsd.net. Ms. Jennifer Fitzgerald, Mayor, City of Fullerton. 303 W. Commonwealth Avenue. Fullerton, CA 92832. (714) 402-3106. jennifer@curtpringle.com. Mr. James Atencio. Assistant City Attorney. City of Richmond. 450 Civic Center Plaza. Richmond, CA 94804. 510-620-6509. James_Atencio@ci.richmond.ca.us.   National Demographics Corporation Page 16 Ms. Isabel Montenegro. Administrative Assistant. Inglewood Unified. 401 South Inglewood Avenue, Inglewood, CA 90301. 310-419-2799. imontenegro@inglewood.k12.ca.us. Ms. Pam Abel. Superintendent. Modesto City Schools. 426 Locust Street. Modesto. CA 95351-2631. (209) 574-1616. able.p@mcs4kids.com. Mr. Darrell Talbert. City Manager. City of Corona. 400 S Vicentia Avenue. Corona. CA 92882-2187. 951.279.3670. Darrell.Talbert@ci.corona.ca.us. Mr. David Silberman. Deputy County Counsel. San Mateo County. 400 County Center. 6th Floor. Redwood City. CA 94063. 650-363-4749 dsilberman@smcgov.org. Judge Hugh Rose (retired). Chairman. City of Modesto Districting Commission. 508 King Richard Lane. Modesto. CA 95350. Phone (209) 522-0719. Email: hhrose@hotmail.com. Ms. Lucinda Aja. City Clerk, City of Buckeye, Arizona. 100 N Apache Rd, Suite A, Buckeye, AZ 85326. Phone (623) 349-6007. Email: laja@buckeyeaz.gov. Summary Scope of Work NDC tailors each project to the needs and goals of each jurisdictions. Below is a typical NDC-suggested timeline and description of project elements. The dates provided below are general guidelines and will vary according to the goals, project choices, and deadlines of each jurisdiction. January – March Project Planning and decisions on public mapping tools, whether to use a commission, and other project options. Begin project communications and outreach. April – July Census data received and processed; any mapping tools prepared; and initial pre-draft-map hearing(s) held. August - November 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.   National Demographics Corporation Page 17 Detailed Project Scope of Work January – March, 2021: Project Planning and Initial Outreach a. NDC works with the jurisdiction to prepare a detailed project timeline of expected outreach efforts, public forums, formal hearings, draft map dates, and final map adoption dates. b. NDC works with the jurisdiction staff (or contract specialized outreach staff – see notes below about that option if interested) to prepare a project outreach plan for all steps of the process covering target audiences, contact lists, social media efforts, any potential postcard mailings, utility bill inserts, flyers for distribution at schools, media briefings, and community group contacts. c. Decide what public mapping tool(s) to provide, if any. d. Decide whether to use a commission. e. Create the project website: NDC will provide advice and text for the jurisdiction’s website, or as an optional project element NDC will build a project website that the jurisdiction can simply link to from the jurisdiction site. f. NDC will work with jurisdiction and County Registrar staff to confirm GIS boundaries and to identify and include in our redistricting database any available GIS data that NDC and the jurisdiction identify are likely to be useful as mapping references for NDC, the public, and for the jurisdiction. g. Project outreach begins with initial alerts and ‘invitations to participate’ sent out to the general public, to overlapping jurisdictions, and to community organizations. April –June, 2021: Initial Data Analysis and Ongoing Outreach h. Census data released and California Statewide Database completes “prison adjustments” of the data. 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.   National Demographics Corporation Page 18 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. June – July, 2021: First Hearing (Or multiple initial hearings or hearings and forums, if the jurisdiction wishes to hold more than one hearing and/or public forums prior to the release of draft maps.) m. NDC presents an overview of the redistricting laws and criteria, jurisdiction demographics, and the population balance of the existing election areas and their compliance (or possible lack thereof) with state and federal requirements. n. If the existing election areas are in compliance with state and federal rules and balanced, the jurisdiction decides whether to stop at this “Still Balanced” point or to continue with a standard redistricting. o. The project timeline and outreach plan are presented to the public for comments and feedback, along with a request to the public to provide guidance on what residents consider key neighborhoods, communities of interest, and other project-related regions in the jurisdiction. p. If the optional public mapping tools and/or Public Participation Kit are included in the project, their use is demonstrated to the public. q. Outreach efforts continue with messaging to the public, with special focus on community groups with an interest in the redistricting. August – September, 2021: Draft Mapping Time r. Outreach efforts continue with messaging reminding the public of the opportunity to provide written or mapped input on how the maps should be drawn and welcoming any maps residents with to submit.   National Demographics Corporation Page 19 s. If the optional public mapping tools and/or Public Participation Kit are included in the project, NDC provides email and phone support for any residents with questions regarding their use. t. If the optional public mapping tools and/or Public Participation Kit are included in the project, at the jurisdiction’s option additional public forums on the use of those tools can be provided. u. The public deadline for submitting any initial draft maps will be approximately seven days prior to the official deadline to post all draft maps online (to provide NDC time to process any draft maps received, and for NDC to develop our own two to four initial draft maps). v. All outreach channels are used to inform the public about the opportunity to submit draft maps and to encourage participation in the review of the upcoming draft maps. October – November, 2021: Initial Map Review and Direction w. NDC processes all public draft map submissions, drafts NDC’s draft maps, summarizes all of the draft maps. The maps, related demographics, and summaries are provided by NDC in web-friendly formats. These process maps are posted on the project website and on the NDC-provided interactive review map. x. At the jurisdiction’s option, one or more informal workshops or public forums are held to gather residents’ reactions to and preferences among the draft maps. y. The jurisdiction holds a hearing to review the draft maps, narrow down the list of initial draft maps, and provide direction on any desired new or revised maps. z. Two to three weeks are needed for the public to submit any new maps and for NDC to provide maps based on the direction at the hearing. During this time, additional outreach is conducted to inform interested residents and community groups of the selected ‘focus maps’ and the remaining opportunities to participate in the process. January – February, 2022: Map Adoption aa. Any new or revised maps, related demographics, and summaries are posted on the project website.   National Demographics Corporation Page 20 bb. At the jurisdiction’s option, one or more informal workshops or public forums are held to gather residents’ reactions to and preferences among the remaining maps. cc. One or more hearings are held to continue the review and refinement of the focus maps and, ultimately, adopt the final map. dd. Outreach continues to inform residents and community groups of the progress of the project, opportunities for future participation, and, ultimately, which map is adopted. ee. Following map adoption, NDC coordinates map implementation with the County Registrar, informing the jurisdiction staff of the progress, any issues, and ultimate completion of that work. ff. NDC works with the jurisdiction staff to ensure preservation of all project data and records, including GIS-format versions of the adopted map. 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   National Demographics Corporation Page 21 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). Background on Online Mapping Tool Options   National Demographics Corporation Page 22 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. 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 Page 23 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 Page 24 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 Page 25 Project Pricing 1. Basic Project Elements (covers everything except for per-meeting and optional expenses): .......................................................................................... $ 29,500 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) Online mapping tool options:  Caliper’s “Maptitude Online Redistricting” (MOR) ............ $ 10,500  Tuft University’s “DistrictR” .................................................... $ 5,000  ESRI Redistricting ................................................................................. * c) Public Participation Kit mapping tool: i. With MOR or ESRI online mapping tool .......... incl. at no add’l charge ii. Without MOR or ESRI online mapping tool ......................... $ 4,500 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 Corporation Page 26 copies of the “Public Participation Kit.” In NDC’s experience, most participants will download and print the Kits in their own homes or offices. Additional Analysis NDC is happy to assist with any additional analysis that the client requests at our standard hourly rates: Principal (Dr. Douglas Johnson) ................. $300 per hour Vice President (Justin Levitt) ....................... $250 per hour Senior Consultant .......................................... $200 per hour Consultant ....................................................... $150 per hour Analyst / Clerical ........................................... $50 per hour Dr. Johnson is also available for deposition and/or testimony work if needed, at $350 per hour.   National Demographics Corporation Page 27 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: .............................................................. $ 3,750  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 Corporation Page 28 Conclusion Since its founding NDC has been the nation’s preeminent company devoted to local election systems. To summarize:  NDC has more experience in the field of municipal political election systems than any other company.  NDC’s experience and expertise has been recognized by our hundreds of clients, the California League of Cities, the California School Board Association, the California Special District Association, and the National Conference of State Legislatures.  NDC, founded in 1979, has a demonstrated record of financial solvency.  NDC’s hardware and software resources were specially designed and acquired for districting and redistricting purposes.  NDC’s highly respected personnel have impeccable credentials in each aspect of the districting and redistricting processes.  NDC’s suggested approach has been tested in many jurisdictions.  Any NDC client can be contacted for testimonials and reference.  NDC has demonstrated experience over many years in working with the press and media on local election system issues.  Neither the Justice Department nor any Court has ever rejected any of the hundreds of local government districting or redistricting plan submitted by NDC. NDC takes pride in tailoring each project to the needs and goals of each individual client. NDC is open to any feedback, concerns, requests, or changes regarding this proposal. NDC looks forward to the opportunity to work with you on this project.   National Demographics Corporation Page 29 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 Costa Mesa Douglas Johnson, President Date Date Appendix Resumes of NDC President Dr. Douglas Johnson and Vice President Dr. Justin Levitt are attached. A client list and resumes of all NDC team members are available at www.ndcresearch.com/about-us/. Douglas Mark Johnson P.O. Box 5271 mobile: (310) 200-2058 Glendale, CA 91221 office: (909) 624-1442 djohnson@NDCresearch.com fax: (818) 254-1221 Employment President, National Demographics Corporation, 2006 – present. Senior Analyst, National Demographics Corporation, 2001 – 2006. Fellow, Rose Institute of State and Local Government, 2001 – present. Project Manager and Senior Manager at three internet startup companies, 1999 - 2001. U.S. Representative Stephen Horn, Legislative Director and System Manager. 1993 – 1997. Coro Foundation, Fellowship in Public Affairs. 1992 – 1993. Rose Institute for State and Local Government, Student Manager. 1989 – 1992. Education Claremont Graduate University, Ph.D. in Political Science, 2015. Dissertation: “Independent Redistricting Commissions: Hopes and Lessons Learned.” UCLA Anderson Graduate School of Management, MBA, 1999. Claremont McKenna College, BA in Government (Political Science), 1992. Academic Honors Graduated Cum Laude from Claremont McKenna College. Phi Beta Kappa. Philip Roland Prize for Excellence in Public Policy. Publications and Articles Christian Science Monitor “Let the public help draw voting districts,” October 25, 2013. New York Times, "The Case for Open Primaries," February 19, 2009. Los Angeles Times Opinion Articles: “A neighbor’s help on redistricting” June 24, 2007. “A Trojan horse primary for the GOP” February 25, 2007. “Where a porn palace stood” (article on redevelopment), July 30, 2006. Fresno Bee Opinion Article: “The Poison Handshake” June 15, 2004. Redistricting in America. Rose Institute of State and Local Government, 2010. Restoring the Competitive Edge: California's Need for Redistricting Reform and the Likely Impact of Proposition 77. Rose Institute of State and Local Government, 2005. "Competitive Districts in California" Rose Institute of State and Local Government, 2005. Latinos and Redistricting: “Californios For Fair Representation” and California Redistricting in the 1980s. Rose Institute of State and Local Government, 1991. Speaker or Panelist California School Board Association Annual Education Conference panelist: “The California Voting Rights Act: What Board Members Must Know.” December 4, 2015. Associated Cities of California – Orange County, Keynote Speaker, Newly Elected Officials’ Reception and Dinner, “The California Voting Rights Act,” January 29, 2015. California League of Cities, City Manager Department, 2015 Department Meeting: “Opportunity to Engage Residents: The California Voting Rights Act.” January 29, 2015. California League of Cities, City Clerk Department, 2014 Annual Meeting: “Whose Line Is It Anyway: Making the transition from at-large to by-district elections.” September 3, 2014. National Conference of State Legislatures, Redistricting and Elections Standing Committee: 2007 Spring Forum, "The Arizona Independent Redistricting Commissions' experiences with the first-ever independent redistricting." National Conference of State Legislatures, Redistricting and Elections Standing Committee: 2008 Spring Forum, "Communities of Interest In Redistricting: A Practical Guide." Douglas Mark Johnson National Conference of State Legislatures, Redistricting and Elections Standing Committee: 2009 Fall Forum, "The Key to Successful Redistricting." National Conference of State Legislatures, Redistricting and Elections Standing Committee: 2010 Spring Forum, "Communities of Interest in Redistricting: A key to drawing 2011 plans (and for their defense)." National Conference of State Legislatures, Redistricting and Elections Standing Committee: 2011 Winter Forum, "Citizen Voting Age Data from a line-drawer's viewpoint." Luncheon Keynote Speaker, Santa Barbara's Channel Cities Club, "California's next experiment: independent, public redistricting," January 18, 2011. Annual Conference, Arizona League of Cities and Towns, Presenter at "Redistricting Law and the Voting Rights Act: What It Means for Your City or Town in 2011," August 25, 2010. Redistricting, The 2010 Census, and Your Budget, Sponsored by the Rose Institute of State and Local Government, California League of Cities, October 15, 2009. Arizona Election Law 2010 Continuing Legal Education Conference, "Communities of interest and technology in redistricting," sponsored by the Arizona State Bar Association, March 2010 California's New Independent Redistricting Commission, sponsored by the Irvine Foundation and the California Redistricting Collaborative, December 15, 2009 Tribal Association of Sovereign Indian Nations (TASIN) Legislative Day 2009, "The 2010 Census and 2011 Redistricting in California," December 2, 2009. California School Board Association, "Litigation Issues and the California Voting Rights Act," December 4, 2009. California Latino School Boards Association, "Introduction to the California Voting Rights Act," August 20, 2009. Building a National Reform Movement, Salt Lake City, Utah, 2006, conference on redistricting reform hosted by the League of Women Voters, Campaign Legal Center, and The Council for Excellence in Government Texas Tech University, “A Symposium on Redistricting,” May, 2006 California League of Cities, "Introduction to the California Voting Rights Act." Voices of Reform, a project of the Commonwealth Club of San Francisco: multiple forums on redistricting and / or term limits, 2006 – 2007 Classroom speaker at Pepperdine University, the University of La Verne, Pomona College and Claremont McKenna College Justin Mark Levitt P.O. Box 5271 mobile: (480) 390-7480 Glendale, CA 91221 office: (818) 254-1221 jlevitt@NDCresearch.com fax: (818) 254-1221 Employment Vice-President, National Demographics Corporation, 2012 – present. Senior Analyst, National Demographics Corporation, 2003 – 2011. Instructor in Political Science, University of California, San Diego, 2012 – present. Graduate Research Fellow, Center for US-Mexico Studies, 2010 – present. Graduate Research Fellow, University of California, San Diego, 2008 – 2010 and 2013 – 2014. Jesse M. Unruh California Assembly Fellow. 2006 – 2007. Rose Institute for State and Local Government, Student Manager. 2005 – 2006. Education University of California, San Diego, Ph.D. Political Science, 2016. Dissertation title: “The Impact of Geographic Patterns on Tradeoffs in Redistricting.” Claremont McKenna College, BA in Philosophy, Politics and Economics (PPE), 2006. Academic Honors California Studies Fellow, University of California, San Diego, 2007 – 2009 Graduated Cum Laude from Claremont McKenna College. Publications and Conference Presentations Settle, Jamie, Robert Bond, and Justin Levitt. 2011. “The Social Origins of Adult Political Behavior.” American Politics Research: 39 (2). 239-263 Miller, Kenneth and Justin Levitt. 2007. “The San Joaquin Valley.” In The New Political Geography of California. Eds. Frederick Douzet, Thad Kousser, and Kenneth Miller. Berkeley: Institute of Government Studies. “The Political Geography of Tradeoffs in Redistricting” Paper presented at the State Politics and Policy Conference, Iowa City, IA, 2013 Getting What You Want: A Bargaining Approach to Fair Division in Redistricting. Paper presented at the “Challenging Urban Borders : the geopolitics of immigration and segregation” workshop, Berkeley, CA, 2013 and the State Politics and Policy Conference, Houston, TX, 2012 “An Atlas of Public Health in Mexico” (with Alberto Diaz Cayeros). Paper presented at the Hewlett Foundation Conference on Public Health, Mexico City, DF. 2012 “Remoteness and the Territoriality of Public Health” (with Alberto Diaz Cayeros). Paper presented at the American Political Science Association conference, Seattle, WA. 2011 “Initiatives as revealed preferences” Paper presented at the American Political Science Association conference, Seattle, WA. 2011 “No Se Puede: Latino Political Incorporation in Phoenix.”. Paper Presented at the New Political Geography of California conference, Berkeley, CA., 2009 Justin Mark Levitt “Political Change in the Central Valley”. Paper Presented at the Western Political Science Association conference, Las Vegas, NV.,2007 Working Papers Hill, Seth, Thad Kousser, Alex Hughes, and Justin Levitt. ND. “How Competitiveness Shapes Infrequent Primary Voters Response to Receiving a GOTV Mailer.” Diaz-Cayeros, Alberto and Justin Levitt. ND. “Remoteness and the Territoriality of Public Health.” Levitt, Justin. ND. “Getting What You Want: A Bargaining Approach to Fair Division in Commission- led Redistricting.” Teaching Experience California State University, Long Beach, Department of Political Science Adjunct Professor—POSC 327 (Urban Politics) Spring 2016-Present Adjunct Professor—POSC 229 (Cases in Policy Analysis) Present Adjunct Professor—POSC 412 (Law and Social Change) Spring 2016-Present Adjunct Professor—POSC 399 (California Politics Short Course) Present University of California, San Diego, Department of Political Science Co-Instructor—UPS 170 (Regional Governance Reconsidered) Spring 2015 Instructor—Poli 100A (The Presidency) Fall 2014 Instructor—Poli 160AA (Introduction to Public Policy Analysis) Fall 2013 Instructor—Poli 10 (Introduction to American Politics) Summer 2013