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SERVICES AGREEMENT
BETWEEN CITY OF GLENDALE, ARIZONA AND
NATIONAL DEMOGRAPHICS, INC.
THIS SERVICES AGREEMENT (herein “Agreement”) is made and entered into by and
between the City of Glendale Arizona, ("the Client") at 5850 W. Glendale Avenue, Glendale, AZ
85301 (“Client”) and National Demographics Inc., a California corporation (“Consultant”) at PO
1520 N Pacific Ave, Glendale, CA 91202. Client and Consultant are sometimes individually
referred to as “Party” or collectively as “Parties”.
NOW, THEREFORE, the parties hereto agree as follows:
1.
SERVICES OF CONSULTANT
1.1
Scope of Services. In compliance with all of the terms and conditions of
this Agreement, Consultant shall perform the work or services set forth in the “Scope of Services,”
attached hereto as Exhibit A and incorporated herein by this reference. Consultant warrants it has
the experience and ability to perform all work and services required hereunder and that it shall
diligently perform such work and services in a professional and satisfactory manner.
1.2
Compliance With Law. All work and services rendered hereunder shall be
provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of any
federal, state, or local governmental agency of competent jurisdiction.
1.3
Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole
cost and expense such licenses, permits, and approvals as may be required by law for the
performance of the services required by the Agreement.
2.
COMPENSATION
2.1
Contract Sum. For the services rendered pursuant to this Agreement,
Consultant shall be compensated as specified in Exhibit A and incorporated herein by this
reference. Payments will be made by Client within thirty (30) working days of Client's receipt of
invoices.
2.2
Invoices. Each month Consultant shall furnish to Client an original invoice
for all work performed during the preceding month in a form approved by Client. By submitting
an invoice for payment under this Agreement, Consultant is certifying compliance with all
provisions of the Agreement. Contractor shall not invoice Client for any duplicate services
performed by more than one person.
Client may independently review each invoice submitted by Consultant to
determine whether the work performed and expenses incurred are in compliance with the
provisions of this Agreement. Except as to any charges for work performed or expenses incurred
by Consultant which are disputed by Client, Client will use its best efforts to cause Consultant to
be paid within thirty (30) days of receipt of Consultant’s correct and undisputed invoice. In the
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event any charges or expenses are disputed by Client, the original invoice shall be returned by
Client to Consultant for correction and resubmission. Review and payment by Client of any
invoice provided by Consultant shall not constitute a waiver of any rights or remedies provided
herein or any applicable law.
2.3
Additional Services. Client shall have the right at any time during the
performance of the services, without invalidating this Agreement, to order extra work beyond that
specified in the Scope of Services or make changes by altering, adding to, or deducting from said
work. No such extra work or change may be undertaken unless a written order is first given by
the Contract Officer to Consultant, describing in detail the extra work or change and the reason(s)
therefor and incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the
extra work or change, and/or (ii) the time to perform this Agreement, which said adjustments are
subject to the written approval of Consultant.
No claim for an adjustment in the contract amount or time for performance shall be valid
unless the procedures established in this Section are followed.
3.
PERFORMANCE SCHEDULE
3.1
Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2
Time for Performance. Consultant shall commence the services pursuant to
this Agreement upon the effective date of this Agreement.
3.3
Force Majeure. The time period(s) as may be specified for performance of
the services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of Consultant,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires,
earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation, and/or acts of any governmental agency, including Client, if Consultant shall within ten
days after the commencement of such delay notify the Contract Officer in writing of the causes of
the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the
time for performing the services for the period of the enforced delay when and if in the judgment
of the Contract Officer such delay is justified. The Contract Officer shall extend the time for
performance in accordance with the procedures set forth in Section 2.3. The Contract Officer’s
determination shall be final and conclusive upon the parties to this Agreement. In no event shall
Consultant be entitled to recover damages against Client for any delay in the performance of this
Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant
to this Section.
3.4
Term; Effective Date. Unless earlier terminated in accordance with Article
7 of this Agreement, this Agreement shall continue in full force and effect until completion of the
services but not exceeding one year after the date hereof. The Effective Date of this Agreement
shall be June 9, 2021.
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4.
COORDINATION OF WORK
4.1
Representative of Consultant. Douglas Johnson, President of Consultant is
hereby designated as being the representative of Consultant authorized to act on its behalf with
respect to the work and services specified herein and to make all decisions in connection therewith.
All personnel of Consultant and any authorized agents shall be under the exclusive direction of the
representative of Consultant. Consultant shall utilize only competent personnel to perform
services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain
the stability and continuity of Consultant’s staff and subcontractors, and shall keep Client informed
of any changes. In the event that Client, in its sole discretion, at any time during the term of this
Agreement, desires to reassign any staff or subcontractor of Consultant, Consultant shall,
immediately upon a Reassign Notice from Client of such desire of Client, reassign such persons
or persons.
4.2
Contract Officer. Michael Bailey, Attorney for the Client, is hereby
designated as being the representative Client authorized to act on its behalf with respect to the
work and services specified herein and to make all decisions in connection therewith (the “Contract
Officer”). Client shall have the right to designate another Contract Officer by providing written
notice to Consultant, and may designate deputy Contract Officers as needed.
4.3
Prohibition Against Subcontracting or Assignment. Consultant shall not
contract with any entity to perform in whole or in part the work or services required hereunder
without the express written approval of Client. Neither this Agreement nor any interest herein
may be assigned or transferred, voluntarily or by operation of law, without the prior written
approval of Client. Any such prohibited assignment or transfer shall be void.
4.4
Independent Contractor. Neither Client nor any of its employees shall have
any control over the manner, mode, or means by which Consultant, its agents or employees,
perform the services required herein, except as otherwise set forth. Consultant shall perform all
services required herein as an independent contractor of Client with only such obligations as are
consistent with that role. Consultant shall not at any time or in any manner represent that it or any
of its agents or employees are agents or employees of Client, or that it is a member of a joint
enterprise with Client.
5.
INSURANCE AND INDEMNIFICATION
5.1
Insurance Coverages. Consultant shall procure and maintain, at its sole cost
and expense, in a form and content satisfactory to Client, during the entire term of this Agreement
including any extension thereof, the following policies of insurance which shall cover all elected
and appointed officers, employees, and agents of Client:
(a)
Comprehensive General Liability Insurance. A policy of comprehensive
general liability insurance written on a per occurrence basis for bodily injury, personal injury, and
property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per
occurrence or if a general aggregate limit is used, either the general aggregate limit shall apply
separately to this contract/location, or the general aggregate limit shall be twice the occurrence
limit.
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(b)
Worker’s Compensation Insurance. A policy of worker’s compensation
insurance in such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure, and provide legal defense for Consultant and Client against any loss,
claim, or damage arising from any injuries or occupational diseases occurring to any worker
employed by or any persons retained by Consultant in the course of carrying out the work or
services contemplated in this Agreement.
(c)
Automotive Insurance. A policy of comprehensive automobile liability
insurance written on a per occurrence for bodily injury and property damage in an amount not less
than either (i) bodily injury liability limits of $100,000 per person and $300,000 per occurrence
and property damage liability limits of $150,000 per occurrence or (ii) combined single limit
liability of $1,000,000. The policy shall include coverage for owned, non-owned, leased, and hired
cars.
(d)
Professional Liability. Professional liability insurance appropriate to
Consultant’s profession. This coverage may be written on a “claims made” basis, and must include
coverage for contractual liability. The professional liability insurance required by this Agreement
must be endorsed to be applicable to claims based upon, arising out of, or related to services
performed under this Agreement. The insurance must be maintained for at least 3 consecutive
years following the completion of Consultant’s services or the termination of this Agreement.
During this additional 3-year period, Consultant shall annually and upon request of Client submit
written evidence of this continuous coverage.
(e)
Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements.
(f)
Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated
herein.
5.2
General Insurance Requirements. All of the above policies of insurance
shall be primary insurance and shall name Client and each of their its officers, employees, and
agents as additional insureds, and any insurance maintained by the Client or any of their officers,
employees, or agents shall apply in excess of, and not contribute with, Consultant’s insurance. The
insurer is deemed hereof to waive all rights of subrogation and contribution it may have against
Client, its officers, employees, and agents and their respective insurers. The insurance policy must
specify that where the primary insured does not satisfy the self-insured retention, any additional
insured may satisfy the self-insured retention. All of said policies of insurance shall provide that
said insurance may not be amended or cancelled by the insurer or any party hereto without
providing thirty-days’ prior written notice by certified mail return receipt requested to Client. In
the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation
date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract
Officer. No work or services under this Agreement shall commence until Consultant has provided
Client with Certificates of Insurance or appropriate insurance binders evidencing the above
insurance coverages and said Certificates of Insurance or binders are approved by Client. Client
reserves the right to inspect complete, certified copies of all required insurance policies at any
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time. Any failure to comply with the reporting or other provisions of the policies including
breaches or warranties shall not affect coverage provided to Client.
The insurance required by this Agreement shall be satisfactory only if issued by
companies qualified to do business in California, rated “A” or better in the most recent edition of
Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a
financial category Class VII or better, unless such requirements are waived by the Contract Officer
or other designee of Client due to unique circumstances.
5.3
Indemnification. To the full extent provided by law, Consultant agrees to
indemnify, defend, and hold harmless the Client and each of their officers, employees and agents
against, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties,
obligations, errors, omissions or liabilities, including paying any legal costs, attorney’s fees, or
paying any judgment (herein “claims or liabilities”) that may be asserted or claimed by any person,
firm, or entity arising out of or in connection with Consultant’s or any of its officers’, employees’,
agents’ or subcontractors’ performance of the work or services pursuant to this Agreement;
provided, that the duty to indemnify and hold harmless are only to the extent any claims or
liabilities are caused Consultant, or any of its officers, agents, employees, agents or subcontractors.
6.
RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1
Records. Consultant shall keep, and require subcontractors to keep, such
ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other
documents relating to the disbursements charged to Client and services performed hereunder (the
“books and records”), as shall be necessary to perform the services required by this Agreement
and enable the Contract Officer to evaluate the performance of such services and shall keep such
records for a period of three years following completion of the services hereunder. The Contract
Officer shall have full and free access to such books and records at all times during normal business
hours of Client, including the right to inspect, copy, audit and make records and transcripts from
such records.
6.2
Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this Agreement or as
the Contract Officer shall require.
6.3
Confidentiality and Release of Information.
(a)
All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
information or work product to persons or entities other than Client without prior written
authorization from the Contract Officer.
(b)
Consultant shall not, without prior written authorization from the Contract
Officer, voluntarily provide documents, declarations, letters of support, testimony at depositions,
response to interrogatories, or other information concerning the work performed under this
Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided
Consultant gives Client notice of such court order or subpoena.
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(c)
If Consultant provides any information or work product in violation of this
Agreement, then Client shall have the right to reimbursement and indemnity from Consultant for
any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of
Consultant’s conduct.
(d)
Consultant shall promptly notify Client if Consultant is served with any
summons, complaint, subpoena, notice of deposition, request for documents, interrogatories,
request for admissions or other discovery request, court order or subpoena from any party
regarding this Agreement and the work performed there under. Client retains the right, but has no
obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding.
Consultant agrees to cooperate fully with Client and to provide Client with the opportunity to
review any response to discovery requests provided by Consultant.
6.4
Ownership of Documents. All studies, surveys, data, notes, computer files,
reports, records, drawings, specifications, maps, designs, photographs, documents and other
materials (the “documents and materials”) prepared by Consultant in the performance of this
Agreement shall be the property of Client and shall be delivered to Client upon request of the
Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim
for further employment or additional compensation as a result of the exercise by Client of its full
rights of ownership use, reuse, or assignment of the documents and materials hereunder.
Moreover, Consultant with respect to any documents and materials that may qualify as “works
made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed
“works made for hire” for Client.
7.
ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1
California Law. This Agreement shall be interpreted, construed and
governed both as to validity and to performance of the parties in accordance with the laws of the
State of California. Legal actions concerning any dispute, claim, or matter arising out of or in
relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles,
State of California.
7.2
Disputes; Default. In the event Consultant is in default under the terms of
this Agreement, Client shall not have any obligation or duty to continue compensating Consultant
for any work performed after the date of default. Instead, Client may give notice to Consultant of
the default and the reasons for the default. The notice shall include the timeframe in which
Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be
extended, if circumstances warrant. During the period of time Consultant is in default, Client shall
hold all invoices and shall proceed with payment on the invoices only when the default is cured.
If Consultant does not cure the default, Client may take necessary steps to terminate this
Agreement under this Article.
7.3
Legal Action. In addition to any other rights or remedies, either party may
take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages
for any default, to compel specific performance of this Agreement, to obtain declaratory or
injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement,
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the rights and remedies of the parties are cumulative and the exercise by either party of one or
more of such rights or remedies shall not preclude the exercise by it, at the same or different times,
of any other rights or remedies for the same default or any other default by the other party.
7.4
Termination Prior to Expiration of Term. This Section shall govern any
termination of this Contract except as specifically provided in the following Section for
termination for cause. Client reserves the right to terminate this Contract at any time, with or
without cause, upon fifteen-days’ written notice to Consultant, except that where termination is
due to the fault of Consultant, the period of notice may be such shorter time as may be determined
by the Contract Officer. In addition, Consultant reserves the right to terminate this Contract at any
time, with or without cause, upon sixty-days’ written notice to Client, except that where
termination is due to the fault of Client, the period of notice may be such shorter time as Consultant
may determine, but no less than fifteen days. Upon receipt of any notice of termination, Consultant
shall immediately cease all services hereunder except such as may be specifically approved by the
Contract Officer. Except where Consultant has initiated termination, Consultant shall be entitled
to compensation for all services rendered prior to the effective date of the notice of termination
and for any services authorized by the Contract Officer thereafter in accordance with this
Agreement or such as may be approved by the Contract Officer. In the event Consultant has
initiated termination, Consultant shall be entitled to compensation only for the reasonable value of
the work product actually produced hereunder. In the event of termination without cause pursuant
to this Section, the terminating party need not provide the non-terminating party with the
opportunity to cure pursuant to Section 7.2.
7.5
Termination for Default of Consultant. If termination is due to the failure
of Consultant to fulfill its obligations under this Agreement, Client may, after compliance with the
provisions of Section 7.2, take over the work and prosecute the same to completion by contract or
otherwise, and Consultant shall be liable to the extent that the total cost for completion of the
services required hereunder exceeds the compensation herein stipulated (provided that Client shall
use reasonable efforts to mitigate such damages), and Client may withhold any payments to
Consultant for the purpose of set-off or partial payment of the amounts owed Client as previously
stated.
8.
MISCELLANEOUS
8.1
Covenant Against Discrimination. Consultant covenants that, by and for
itself, its heirs, executors, assigns and all persons claiming under or through them, there shall be
no discrimination against or segregation of any person or group of persons on account of race,
color, creed, religion, sex, marital status, national origin, ancestry or other protected class in the
performance of this Agreement. Consultant shall take affirmative action to ensure that applicants
are employed and that employees are treated during employment without regard to their race, color,
creed, religion, sex, marital status, national origin, ancestry, or other protected class.
8.2
Non-liability of Client Officers and Employees. No officer or employee of
Client shall be personally liable to Consultant, or any successor in interest, in the event of any
default or breach by Client or for any amount, which may become due to Consultant or to its
successor, or for breach of any obligation of the terms of this Agreement.
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8.3
Facilities and Equipment. Except as otherwise provided, Consultant shall,
at its own cost and expense, provide all facilities and equipment necessary to perform the services
required by this Agreement. In no event shall Client be required to furnish any facilities that may
involve incurring any direct expense, including but not limited to computer, long distance
telephone, network data, internet, or other communication charges, vehicles, and reproduction
facilities.
8.4
Payment of Taxes. Consultant is solely responsible for the payment of
employment taxes incurred under this Agreement and any federal and state taxes.
8.5
Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party shall be in writing and
shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail,
postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence
of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery
to the address of the person to receive such notice if delivered personally or by messenger or
overnight courier; (ii) three (3) business days after the date of posting by the United States Post
Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction,
or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter
mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, instant
messages are not acceptable manners of notice required hereunder. Notices or other
communications shall be addressed as follows:.
If to Client:
Julie K. Bower
City Clerk
5850 W. Glendale Ave.
Ste. 450
Glendale, AZ 85301
If to Consultant:
National Demographics , Inc.
P.O. Box 5271
Glendale, CA 91221
Attn: Douglas Johnson, President
Office: 818.254.1221
8.6
Integration; Amendment. It is understood there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties regarding the subject matter hereof, and none shall be used to interpret this Agreement.
This Agreement may be amended at any time by the mutual consent of the parties by an instrument
in writing.
8.7
Severability. In the event that part of this Agreement shall be declared
invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such
invalidity or unenforceability shall not affect any of the remaining portions of this Agreement
which are hereby declared as severable and shall be interpreted to carry out the intent of the parties
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hereunder unless the invalid provision is so material that its invalidity deprives either party of the
basic benefit of their bargain or renders this Agreement meaningless.
8.8
Waiver. No delay or omission in the exercise of any right or remedy by any
party shall impair such right or remedy or be construed as a waiver. A party’s consent to or
approval of any act by the other party requiring the party’s consent or approval shall not be deemed
to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any
waiver by either party of any default must be in writing and shall not be a waiver of any other
default concerning the same or any other provision of this Agreement.
8.9
Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed to be an original, and such counterparts shall constitute one and the same
instrument.
8.10
Corporate Authority. The persons executing this Agreement on behalf of
the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly
authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this
Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering
into this Agreement does not violate any provision of any other Agreement to which said party is
bound.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written
CONTRACTOR:
CLIENT:
NATIONAL DEMOGRAPHICS, INC.
CITY OF GLENDALE, ARIZONA
a municipal corporation
By: ____________________________
By: ____________________________
Douglas Johnson, President/CEO
Kevin Phelps, City Manager
P.O. Box 5271
Glendale, CA 91221
ATTEST:
____________________________
Julie K. Bower, City Clerk
APPROVED AS TO FORM:
____________________________
Michael Bailey, City Attorney
B-1
EXHIBIT “A”
NDC 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
Glendale
for Demographic Services
By National Demographics Corporation
Douglas Johnson, President
February 11, 2021
Exhibit A
National Demographics Corporation
Page 1
February 11, 2021
Ryan Lee, Intergovernmental Programs Manager
City of Glendale
5850 W Glendale Ave
Glendale, AZ 85301
Dear Mr. Lee,
Thank you for the opportunity to provide this proposal to Glendale. NDC has more
than 40 years of experience districting and redistricting hundreds of cities, school
districts and other local jurisdictions across Arizona and the southwest, including the
city’s initial move to by-district elections, the City’s 2011 redistricting, and similar work
for Surprise, Peoria, Phoenix, Mesa and Yuma County (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” ..................................................... 8
The NDC Team ............................................................................................................. 9
NDC Current Organization Chart .................................................................. 9
Recognition of NDC’s Expertise .............................................................................. 10
NDC Testimonials ...................................................................................................... 14
Impeccable References ............................................................................................... 15
Summary Scope of Work ........................................................................................... 16
Detailed Project Scope of Work ............................................................................... 17
Details of Optional Project Elements ...................................................................... 21
Advisory or Independent Redistricting Commissions ............................... 21
Outreach Assistance ........................................................................................ 21
Project Website ................................................................................................ 21
Background on Online Mapping Tool Options ......................................... 22
Paper- and Excel-based Public Mapping Tools .......................................... 25
Project Pricing .............................................................................................................. 26
Other Potential Project-Related Expenses: ............................................................. 26
Additional Analysis ...................................................................................................... 27
Requested Payment terms: ......................................................................................... 27
Exception: “Still Balanced” Jurisdictions ................................................................. 27
Exception: “Minimal Changes” Scope of Work ..................................................... 28
Conclusion .................................................................................................................... 29
Proposal Acceptance ................................................................................................... 30
Resumes of NDC President Dr. Douglas Johnson and
Vice President Dr. Justin Levitt ..................................................................... 33
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.
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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.
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Project Software
NDC uses Caliper Corporation’s Maptitude for Redistricting software for
processing public map submissions and drawing NDC’s draft maps and Board-
directed revisions. Maptitude for Redistricting can open and use the standard
“Shapefile” and “File Geodatabase” GIS data formats, and Maptitude for
Redistricting can export all files to “Shapefile” and “File Geodatabase” formats.
NDC uses ESRI’s ArcGIS Online to present those maps for Board, Staff and
Public review in an easy-to-use, interactive format. NDC also uses ArcGIS Pro
for some specialized Geographic Information System (GIS) analysis; for opening
and reviewing data received from clients or from other jurisdictions; and when
needed for final map post-adoption processing for delivery to the jurisdiction
and to the County Registrar. Microsoft PowerPoint is also used for many
presentations, though NDC is currently experimenting with a possible move to
ESRI’s “Story Maps” for some presentations.
NDC Approach to Public Engagement
The Three E’s of Public Participation: Engage, Educate, and Empower
NDC’s “Three E’s” approach recognizes the complex and daunting nature of
districting and redistricting projects, while emphasizing the importance of public
participation in such projects.
Given the complexity of the issue, the public cannot be expected to jump in with
constructive ideas and input without encouragement. So NDC’s approach begins
with the first “E”: Engage. NDC works with our clients to get the word out
about why the project matters – and how input from residents can be a decisive
element of the project.
Once their interest is engaged, the second “E” is Educate. Most media coverage
of this topic focuses on congressional gerrymandering, giving the entire field a
tainted and hopeless feel. NDC works with our clients to explain how local
districting and redistricting is based on neighborhoods and communities – not
national politics. We educate the public on the data, requirements and goals of
redistricting, and on the many options residents have to formulate and share their
own maps or other constructive input.
The third “E” is Empower. For those projects where the level of public interest
and engagement justify the expense, NDC offers an unmatched array of paper,
Excel-based, and online mapping tools that residents can use to draw detailed,
population-balanced maps for consideration by the jurisdiction.
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When included in a project, NDC has seen considerable public interest in these
optional public participation tools. Often five, ten or even twenty or thirty draft
maps are proposed by community residents. And NDC developed a highly
refined and proven methodology for efficiently guiding our clients through
selecting and refining a map, even when starting from 10, 20, 30 or more initial
draft maps.
For those jurisdictions where the expense of the optional mapping tools is too
high, NDC always welcomes any letters, comments, or hand-drawn maps that
residents wish to submit during the districting or redistricting process.
For every project, at no extra expense, NDC includes an online “interactive
review map” that allows residents to analyze draft maps zooming in and out,
searching for specific addresses, and by changing between street maps, satellite
images, and other underlying base maps.
Samples of these tools are shown on the following pages, and additional details
on each of them appears later in this proposal.
Sample Public Participation Mapping Tool
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Sample Online Mapping Tool
Sample NDC “Interactive Review Map”
(used to view and evaluate, not to draw, maps)
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The NDC Team
NDC’s 40 years of service to local governments is grounded in our academic
founding and decades of professional relationships with all forms of local
governments. Each NDC team member has been extensively trained in the legal
requirements, demographic details, and complicated personal and community
interests involved in every districting and redistricting project. And every NDC
team member has been briefed on the wide range of unusual and bizarre
challenges NDC has encountered over our more than 250 successfully
completed local government projects. Whatever question or situation arises, your
NDC team can handle it.
NDC President Dr. Douglas Johnson leads all team training and closely monitors
the progress of every client project. NDC President Dr. Johnson and Vice
President Dr. Levitt are always available to all clients, and typically are personally
involved whenever particularly unusual or complex situations arise. And each
NDC project has an NDC Consultant or Senior Consultant as a primary point
of contact to ensure seamless information flows and continuity. All NDC project
leaders are a fully trained Consultants or Senior Consultants with years of
experience working with local government elected leadership and top staff
members. Each NDC team leader brings their personal expertise in
demographics, city governance, school district governance and/or special district
management to every project. And each team leader has particular expertise and
focus in specific geographic areas. All team members resumes are available on
www.ndcresearch.com/about-us/.
NDC Current Organization Chart
NDC President
Douglas Johnson, Ph.D.
NDC Vice President
Justin Levitt, Ph.D.
Senior Consultants
Shalice Tilton
Robert McEntire, Ed.D.
Jeff Tilton, Ed.D.
Consultants
Kristen Parks
Daniel Phillips, Ph.D.
Shannon Kelly
Jeff Simonetti
Todd Tatum
Ivy Beller Sakansky
Douglas Yoakam
Records Manager
Michele Lewis
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Recognition of NDC’s Expertise
Both national and local organizations have recognized NDC’s unmatched
experience and expertise in the Census, districting, and redistricting.
National Recognition
Nationally, the National Conference of State Legislatures hosted NDC as a
panelist at five different forums held for state legislators and legislative staff from
across the country. NDC President Douglas Johnson addressed these forums on
the following topics:
1. Citizen Voting Age Data from a line-drawer's viewpoint
2. Communities of Interest in Redistricting: A key to drawing 2011 plans (and
for their defense)
3. The Key to Successful Redistricting
4. Communities of Interest In Redistricting: A Practical Guide
5. The Arizona Independent Redistricting Commissions' experiences with the
first-ever independent redistricting
In addition:
The National League of Women Voters hosted NDC President Douglas
Johnson at a 2006 conference on “Building a National Redistricting Reform
Movement,”
Texas Tech University hosted Dr. Johnson as a panelist at its “Symposium
on Redistricting;”
The Arizona League of Cities and Towns hosted Dr. Johnson as a panelist
on “Redistricting Law and the Voting Rights Act: What It Means for Your
City or Town in 2011” and
The Arizona Bar Association hosted Dr. Johnson as a panelist on
“Communities of interest and technology in redistricting.”
California League of Cities Recognition
The California League of Cities hosted NDC as panelists over a dozen times to
date:
General Meeting panel: 2006 and 2015
Executive Forum panel: 2018 and 2020
City Clerk Department panel: 2014, 2017, 2018, twice in 2019, and 2020
City Manager Department panel: 2015 and 2019
City Attorney Department panel: 2018
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Inland Empire Chapter presentation: 2016
South Bay Chapter presentation: 2020 and 2021
Recognition by Additional California Organizations
Other California organizations and conferences since 2011 recognizing NDC’s
expertise in this field include:
2020
California County
Counsel Assoc.
2021 Redistricting - What Local
Government Attorneys Need to Know
2020
“Voice of San
Diego” Politifest
Redistricting--What it means for our
community
2020
County Committee
Secretaries Annual
Summit
The California Voting Rights Act
2020
Rose Institute of
State and Local
Government
2021 Redistricting: New Rules for California
Local Governments
2020
California Special
Districts Association
California Voting Rights Act Challenge
Factors
2020
Associated Cities of
California – Orange
County
2021 Redistricting: The Rules have Changed
2020
California Municipal
Law Conference
Municipal Redistricting in 2021: New Rules
of the Road
2019
California
Association of
School Business
Officials
Transitioning to By-Trustee-Areas Elections
2019
USC City/County
Fellowship Program
The Challenges of Municipal Election
Districts
2019
California Special
Districts Association
District Elections and the California Voting
Rights Act
2018
California Special
Districts Association
Converting From At-Large to By-District
Elections Under the California Voting
Rights Act
2018
Riverside County
Bar Assoc.
Redistricting and the California Voting
Rights Act
2018
California School
Board Assoc.
Voter Districts: The Link Between Strong
Community Engagement and a Successful
Process
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2017
California School
Board Assoc.
15 Years with the California Voting Rights
Act: Lessons Learned and Challenges Ahead
2017
UC’s National Public
Service Law
Conference
Moderator, “Voting Rights 101”
2016
Los Angeles County
School Business
Officials
CVRA: What CBO’s Need to Know
2016
Los Angeles County
School Trustees
Assoc.
The CVRA: What School Board Members
Need to Know
2015
Associated Cities of
California – Orange
County
The California Voting Rights Act
2015
California School
Board Assoc.
The California Voting Rights Act: What
Board Members Must Know
2015
Los Angeles County
School Boards
Assoc.
CVRA & Districting: The Demographer’s
Perspective
2011
Channel Cities Club
Lunch Keynote: “California's next
experiment: independent, public
redistricting”
Trusted Advisor to Local Government and Redistricting Reform Groups
NDC acted as an informal advisor to the California League of Cities and the
California School Board Association during the debate over the AB849 “FAIR
MAPS Act” in 2019.
NDC acted as an informal advisor to the California League of Cities during the
debate over AB1276 (revising the FAIR MAPS Act provisions) in 2020.
NDC provided ideas, advice, maps and research to the 2008 Common Cause-led
coalition that drafted and successfully advocated for Proposition 11, which
created California’s State-level Independent Redistricting Commission.
Advisor to Charter Review Commissions on Redistricting Provisions
NDC advised the following groups on the redistricting and voting rights
provisions of their charter revisions and ordinances:
2016
City of El Cajon charter revision and public education outreach
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2015/16
Castaic Lake Water Agency and Newhall County Water District
merger
2015/16
City of Corona Charter Revision
2011/12
Pasadena Unified advisor to Charter Revision Commission
creating a redistricting commission and moving District to by-
district elections
2009/10
City of Menifee advisor to by-district-elections ordinance
language committee
2006-08
City of Modesto advisor to Charter Revision Commission
creating an independent redistricting commission and public
education outreach
2003
City of Goleta ordinance writing and public education outreach
Expert Witness and Litigation Consultant
NDC President Douglas Johnson served as an expert witness in the following
election and redistricting law cases:
2020
Chestnut v Merrill (Alabama)
2019
City of Redondo Beach vs State of California
2019
Ruiz-Lozito vs West Contra Costa Unified School District
2019
Common Cause v Lewis (North Carolina)
2018
Phillip Randolph Institute v Smith (Ohio)
2018
League et al. v. Johnson (Michigan)
2017
Luna v County of Kern
2018
Covington v State of North Carolina
2016
Garrett v City of Highland
2015
Jamarillo v City of Fullerton
2015
Harris vs Arizona Independent Redistricting Commission
2015
Solis v Santa Clarita Community College District
2015
Jauregui et al vs City of Palmdale
2014
Diego v City of Whittier
NDC Staff also served as litigation consultants for jurisdictions in the following
California Voting Rights Act cases:
1. Anaheim
2. Carson
3. Compton
4. Escondido
5. Modesto
6. Poway
7. Santa Clarita
8. Whittier
9. Santa Clarita Community
College District
10. Tulare Health Care District
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NDC Testimonials
Here is a sampling of what people have to say about NDC:
“Here's a great expert. . . . today you bring him in for what sounds like good
information, very smart man up here.”
United States Fourth District Court Judge James A Wynn, Covington v
North Carolina, United States District Court for the Middle District of
North Carolina, Case No. 1:15CV399
“I have worked on Congressional, Legislative, Los Angeles County and Los
Angeles City redistricting maps on behalf of the Latino Caucus and grassroots
Latino organizations for over 30 years. Douglas Johnson is one of the top
redistricting experts in California, and he is who I would pick to draw a map for
me anywhere in the state.”
Alan Clayton, retired Executive Director of the Los Angeles County
Chicano Employees Association
“The excel spreadsheet is a fantastic tool. Just plug in the letter by district and
on the tab see a running total of population by assigned district. It's cool.”
Modesto resident’s comment, June 16, 2008
“One of the first, and in retrospect one of the best, decisions made by our
commission was to hire Douglas Johnson and his colleagues at National
Demographics Corporation as our primary consultants. I have never had the
opportunity to work with a more highly qualified, hard-working, dedicated,
professional and classy individual or group than Mr. Johnson and his associates
at NDC.”
Jim Huntwork, Arizona Independent Redistricting Commissioner
(Republican)
“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)
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“It was a great pleasure to work with Doug Johnson and NDC during the first
Independent redistricting effort in Arizona. Doug and his staff were professional,
efficient, responsive, and even-handed. They listened very carefully to the
instructions given by the commission and performed each mapping task without
bias of any kind. I would highly recommend NDC to any jurisdiction, or
commission, wishing to have a successful redistricting process.”
Steven W. Lynn, Chair, Arizona Independent Redistricting Commission
(Independent)
“Thank you for all of your hard work, assistance, and patience with me during
this year of CVRA conversion to by-area trustee elections. Your continual
reassurance and support in dealing with all of the details was sincerely
appreciated. We all have jobs to do, but when working with all of you I felt that
you always went the extra mile to support our District with excellent customer
service. The multiple revisions, extra conference calls, and follow up suggestions
made a difference to Scott, Linda, and me. I personally enjoyed joking around
with each of you while remaining professional in all presentations. It was a
pleasure working with all of you. “
Jennifer Williams, Ed. D., Fullerton Joint Union High School District,
Executive Director Administrative Services
“Thank you for taking time out of your busy schedule to participate in the City
Official Roundtable I hosted on the 2020 U.S. Census at the Redondo Beach
Performing Arts Center. I appreciate that you shared your expertise on the
Census to the government officials who were present. It is critical that we work
together to ensure that everyone is counted in the upcoming Census.”
Ted W. Lieu, Member of Congress, California 33rd District.
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.
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Mr. Jonathan Vasquez. Superintendent. Los Nietos School District. 8324 S.
Westman Ave., Whittier, CA 90606. (562) 692-0271 Ext. 3212 jonathan_vasquez@lnsd.net.
Ms. Jennifer Fitzgerald, Mayor, City of Fullerton. 303 W. Commonwealth Avenue.
Fullerton, CA 92832. (714) 402-3106. jennifer@curtpringle.com.
Mr. James Atencio. Assistant City Attorney. City of Richmond. 450 Civic Center
Plaza. Richmond, CA 94804. 510-620-6509. James_Atencio@ci.richmond.ca.us.
Ms. Isabel Montenegro. Administrative Assistant. Inglewood Unified. 401 South
Inglewood
Avenue,
Inglewood,
CA
90301.
310-419-2799.
imontenegro@inglewood.k12.ca.us.
Ms. Pam Abel. Superintendent. Modesto City Schools. 426 Locust Street. Modesto.
CA 95351-2631. (209) 574-1616. able.p@mcs4kids.com.
Mr. Darrell Talbert. City Manager. City of Corona. 400 S Vicentia Avenue. Corona.
CA 92882-2187. 951.279.3670. Darrell.Talbert@ci.corona.ca.us.
Mr. David Silberman. Deputy County Counsel. San Mateo County. 400 County
Center. 6th Floor. Redwood City. CA 94063. 650-363-4749 dsilberman@smcgov.org.
Judge Hugh Rose (retired). Chairman. City of Modesto Districting Commission.
508 King Richard Lane. Modesto. CA 95350. Phone (209) 522-0719. Email:
hhrose@hotmail.com.
Ms. Lucinda Aja. City Clerk, City of Buckeye, Arizona. 100 N Apache Rd, Suite A,
Buckeye, AZ 85326. Phone (623) 349-6007. Email: laja@buckeyeaz.gov.
Summary Scope of Work
NDC tailors each project to the needs and goals of each jurisdictions. Below is
a typical NDC-suggested timeline and description of project elements.
The dates provided below are general guidelines and will vary according to the
goals, project choices, and deadlines of each jurisdiction.
March - April
Project Planning and decisions on public mapping
tools, whether to use a commission, and other
project options. Begin project communications
and outreach.
May – July
Any mapping tools prepared with preliminary
population data; initial pre-draft-map hearing(s)
held.
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August - November
Census data received and processed; draft maps
prepared, considered, and revised (in hearings
and, if desired, less formal public workshops)
December – February
Final plan revisions made and plan adopted and
implemented.
Detailed Project Scope of Work
March – April, 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.
May – July, 2021: Initial Data Analysis and Initial Hearings / Forums
h. NDC prepares total population estimates for use in initial hearings and any
public mapping tools.
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i. NDC adds socio-economic data from the Census Bureau’s American
Community Survey to the state demographic data.
j. NDC matches the demographic database to the existing election areas.
k. NDC prepares a report regarding the demographics and compliance with
state and federal criteria of the existing election areas, including maps of
“protected class” population concentrations and other socio-economic data
often referenced in redistricting (such as income, education levels, children
at home, language spoken at home, renters / homeowners, and single-family
/ multi-family residences).
l. NDC report is circulated to the jurisdiction and into the project outreach
messaging.
m. Hearings / Forums: NDC presents an overview of the redistricting laws and
criteria, jurisdiction demographics, and the population balance of the
existing election areas and their compliance (or possible lack thereof) with
state and federal requirements.
n. The project timeline and outreach plan are presented to the public for
comments and feedback, along with a request to the public to provide
guidance on what residents consider key neighborhoods, communities of
interest, and other project-related regions in the jurisdiction.
o. If the optional public mapping tools and/or Public Participation Kit are
included in the project, their use is demonstrated to the public.
p. If the optional public mapping tools and/or Public Participation Kit are
included in the project, NDC provides email and phone support for any
residents with questions regarding their use.
q. If the optional public mapping tools and/or Public Participation Kit are
included in the project, at the jurisdiction’s option additional public forums
on the use of those tools can be provided.
r. Outreach efforts continue with messaging to the public, with special focus
on community groups with an interest in the redistricting.
August – November, 2021: Draft Mapping Time
s. 2020 Census total population counts released and California Statewide
Database completes “prison adjustments” of the data. Total population
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counts in outreach materials and mapping tools are updated with the official
Census data.
t. If the existing election areas are in compliance with state and federal rules
and balanced, the jurisdiction decides whether to stop at this “Still
Balanced” point or to continue with a standard redistricting.
u. If the existing election areas are in compliance with state and federal rules
and close to, but not quite, balanced, the jurisdiction decides whether
conduct only a “Minimal Change” redistricting or to proceed with a full
“Standard” redistricting project.
v. 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.
w. 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).
x. 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.
y. 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.
z. 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.
aa. 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.
bb. Time provided for the public to submit any new maps and for NDC to
provide maps based on the direction at the hearing. During this time,
additional outreach is conducted to inform interested residents and
community groups of the selected ‘focus maps’ and the remaining
opportunities to participate in the process.
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December – February, 2022: Map Adoption
cc. Any new or revised maps, related demographics, and summaries are posted
on the project website.
dd. 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.
ee. One or more hearings are held to continue the review and refinement of the
focus maps and, ultimately, adopt the final map.
ff. Outreach continues to inform residents and community groups of the
progress of the project, opportunities for future participation, and,
ultimately, which map is adopted.
gg. 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.
hh. NDC works with the jurisdiction staff to ensure preservation of all project
data and records, including GIS-format versions of the adopted map.
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Details of Optional Project Elements
Advisory or Independent Redistricting Commissions
NDC anticipates that many California jurisdictions will create advisory or
independent commissions to manage the redistricting process. NDC welcomes
the use of such commissions, and our pricing does not change for jurisdictions
creating commissions. But the creation, training, operation and reporting of such
commissions often leads to more meetings (and a resulting increase in the “per
meeting” project expenses) than a traditional redistricting process conducted
primarily by the jurisdiction’s elected leadership.
Outreach Assistance
NDC brings topical expertise to your jurisdiction’s outreach efforts, and NDC
makes available to all clients our library of sample outreach materials including
op-ed articles, postcards, utility bill inserts, flyers, and social media messages.
NDC provides all of these materials along with our advice and input on outreach
strategy and materials to any interested jurisdiction, but we do not have graphic
artists to customize or design such materials in-house.
For larger-scale outreach efforts, especially where jurisdictions wish to send
representatives out to regular meetings of existing community organizations,
NDC typically works together with a jurisdiction’s in-house communications
staff and/or with one or more outreach organizations. We have a number of
firms we recommend, and we would be happy to work with any in-house team
at the jurisdiction or with any firm or organization the jurisdiction selects.
Projects with this level of outreach are relatively rare, as most projects can be
handled by the jurisdiction’s existing communications team using the samples,
templates and advice NDC provides.
Project Website
NDC provides all project materials in website-friendly formats for posting on
the jurisdiction’s website. At no cost, NDC will provide project website samples
and website language for use on the jurisdiction’s project website. But for
jurisdictions that prefer not to take on the challenge of creating and managing a
rapidly-changing project website, NDC will create, host, and update project
website (visit to see one such site – though note that site was created prior to
passage of the new AB849 requirements).
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Background on Online Mapping Tool Options
NDC is the unmatched leader in redistricting tools that empower residents to
review draft maps and to develop and submit their own map proposals. NDC is
the only firm that has used the online mapping solutions from both ESRI and
Caliper Corporation in major redistricting projects.
Only NDC has repeatedly trained members of the public, processed public map
submissions, and presented the public map proposals to public hearings and
commission meetings. NDC’s online mapping tool options provide user support,
hosting, managing, and processing submitted plans for an online interactive
system that allows public to draw and submit proposed maps through a standard
web browser.
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In the more than 200 California local districting projects between 2012 and 2020,
NDC is the only consultant providing clients access to Caliper Corporation’s
“Maptitude Online Redistricting” tool. Even with the technical challenges arising
from such tools’ power and flexibility, NDC’s training and encouragement
frequently results in 10, 20, 30 or more different maps drawn by residents of the
school district or city providing that tool to its residents.
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The other primary public mapping tool currently on the market is ESRI’s
online districting tool. While easy to use, the ESRI product costs significantly
more. As a result, traditionally only the largest jurisdictions have been able to
afford it.
When it is time to start the project, NDC will work with each interested client to
determine which, if any, online mapping tool best meets the goals and budget of
the jurisdiction.
National Demographics Corporation
Page 25
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
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Project Pricing
1. Basic Project Elements (covers everything except for per-meeting and
optional expenses): .......................................................................................... $ 34,500
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) ............ $ 28,000
Tuft University’s “DistrictR” .................................................. $ 19,000
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 ......................... $ 5,000
d) Working with independent or advisory redistricting
commission ....................................................................... no additional charge
e) Additional outreach assistance ...................................... separately contracted
* ESRI prices its software on a jurisdiction-by-jurisdiction basis. The lowest prices we have
seen are $80,000 and up. If that is an option the jurisdiction would like to pursue, NDC will
request a specific price for your jurisdiction from ESRI.
Other Potential Project-Related Expenses:
The most common additional project expenses would be any site or staff costs
for conducting the community forums and the cost of printing or copying paper
copies of the “Public Participation Kit.” In NDC’s experience, most participants
will download and print the Kits in their own homes or offices.
National Demographics Corporation
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Additional Analysis
NDC is happy to assist with any additional analysis that the client requests at our
standard hourly rates:
Principal (Dr. Douglas Johnson) ................. $300 per hour
Vice President (Justin Levitt) ....................... $250 per hour
Senior Consultant .......................................... $200 per hour
Consultant ....................................................... $150 per hour
Analyst / Clerical ........................................... $50 per hour
Dr. Johnson is also available for deposition and/or testimony work if needed, at
$350 per hour.
Requested Payment terms:
NDC requests that one-half of the “Basic Project Elements” fee, one-half of the
“Minimal Changes Fee” 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.
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: .............................................................. $ 4,500
Compile total population and Citizen Voting Age Population data.
Import existing election area lines.
Compile population data by election area and calculate population deviations, prepare
memo summarizing findings.
“Still Balanced” optional project elements and per-meeting expenses
Meeting attendance and optional project elements are not included in the
“minimal change” project base fee. If requested, NDC team members participate
in “minimal change” project hearings or forums at the same “per meeting”
National Demographics Corporation
Page 28
expenses, and optional project elements are provided at the same prices listed
for a standard project in the previous section of this proposal.
Exception: “Minimal Changes” Scope of Work
The initial NDC population analysis of the existing election areas may conclude
that a jurisdiction’s election areas are only slightly out of population balance.
Such a jurisdiction is still required to redistrict, but one or two small changes
could balance the map without the need for, nor public interest in, an extensive
series of draft maps and public meetings.
This project would involve fewer demographic data, fewer draft maps, and fewer
meetings than a standard project. This “Minimal Changes” approach retains the
community of interest and other decisions embodied in the already-existing map
of election areas and makes only the small changes needed to bring that previous
map into population balance.
For jurisdictions electing this “minimal changes” approach, the only expense
would be the initial population analysis, per-meeting fees (at the per-meeting
rates stated above) for any meetings, and a reduced NDC fee for the
development, presentation, and implementation of the slightly adjusted map.
“Minimal Change” basic elements cost, for services listed below: ........... $ 17,500
Compile total population and Citizen Voting Age Population data.
Compile population data by existing election area and calculate population
deviations.
Prepare memo summarizing findings.
Creation of two or three initial draft maps, with basic population and citizen
voting age population demographics for each election area in each map.
Online posting of the draft maps to an interactive review website.
Drawing any requested minimal changes to a draft map.
Work with the County Registrar of Voters to implement the final adopted
plan.
“Minimal Change” optional project elements and per-meeting expenses
Meeting attendance and optional project elements are not included in the
“minimal change” project base fee. If requested, NDC team members participate
in “minimal change” project hearings or forums at the same “per meeting”
expenses, and optional project elements are provided at the same prices listed
for a standard project in the previous section of this proposal.
National Demographics Corporation
Page 29
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 30
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 Glendale
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