1 PROFESSIONAL CONSULTANT SERVICES AGREEMENT
REDISTRICTING PARTNERS, LLC
Demographic Consulting Services (RFP No. 2180)
THIS PROFESSIONAL CONSULTANT SERVICES AGREEMENT (“Agreement”) is made and entered into this ______ day of _________________, 2022 (“Effective Date”), by and between the CITY OF RIVERSIDE, a California charter city and municipal corporation (“City”), and REDISTRICTING PARTNERS, LLC, a California limited liability company (“Consultant”).
1. Scope of Services. City agrees to retain and does hereby retain Consultant and Consultant agrees to provide the services more particularly described in Exhibit “A,” “Scope of Services” (“Services”), attached hereto and incorporated herein by reference, in conjunction with the Redistricting for City for Riverside (“Project”).
2. Term. This Agreement shall be effective on the date first written above and shall remain in effect for one year, unless otherwise terminated pursuant to the provisions herein.
3. Compensation/Payment. Consultant shall perform the Services under this Agreement for the total sum not to exceed One Hundred Thirty-One Thousand Four Hundred Dollars ($131,400), payable in accordance with the terms set forth in Exhibit “B.” Said payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 4 hereof.
4. Notices. Any notices required to be given, hereunder shall be in writing and shall be personally served or given by mail. Any notice given by mail shall be deemed given when deposited in the United States Mail, certified and postage prepaid, addressed to the party to be served as follows:
To City
City Clerk’s Office
City of Riverside
Attn: Donesia Gause
3900 Main Street
Riverside, CA 92522
To Consultant
730 Howe Ave, Ste 425
Attention: Paul Mitchell
Sacramento, CA 95825
[email protected]
800-996-1019
2 5. Prevailing Wage. If applicable, Consultant and all subcontractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code and implemented by Resolution No. 13346 of the City Council of the City of Riverside.
The Director’s determination is available on-line at
www.dir.ca.gov/dlsr/DPreWageDetermination.htmand is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein.
6. Contract Administration. A designee of the City will be appointed in writing by the City Manager or Department Director to administer this Agreement on behalf of City and shall be referred to herein as Contract Administrator.
7. Standard of Performance. While performing the Services, Consultant shall exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant’s profession practicing in the Metropolitan Southern California Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise.
8. Personnel. Consultant shall furnish all personnel necessary to perform the Services and shall be responsible for their performance and compensation. Consultant recognizes that the qualifications and experience of the personnel to be used are vital to professional and timely completion of the Services. The key personnel listed in Exhibit “C” attached hereto and incorporated herein by this reference and assigned to perform portions of the Services shall remain assigned through completion of the Services, unless otherwise mutually agreed by the parties in writing, or caused by hardship or resignation in which case substitutes shall be subject to City approval.
9. Assignment and Subcontracting. Neither party shall assign any right, interest, or obligation in or under this Agreement to any other entity without prior written consent of the other party. In any event, no assignment shall be made unless the assignee expressly assumes the obligations of assignor under this Agreement, in a writing satisfactory to the parties. Consultant acknowledges that any assignment may, at the City’s sole discretion, require City Manager and/or City Council approval. Consultant shall not subcontract any portion of the work required by this Agreement without prior written approval by the responsible City Contract Administrator.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 12. The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performed by any subcontractor for purposes of establishing a duty of care between any subcontractor and the City.
10. Independent Contractor. In the performance of this Agreement, Consultant, and Consultant’s employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the City of Riverside. Consultant acknowledges and agrees that the City has no obligation to pay or withhold state or federal taxes or to provide workers’ compensation or unemployment insurance to Consultant, or to Consultant’s employees, subcontractors and agents. Consultant, as an independent contractor, shall be responsible for any and all taxes that apply to Consultant as an employer. 3 11. Indemnification.
11.1 Design Professional Defined. For purposes of this Agreement, “Design Professional” includes the following:
A. An individual licensed as an architect pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code, and a business entity offering architectural services in accordance with that chapter.
B. An individual licensed as a landscape architect pursuant to Chapter 3.5 (commencing with Section 5615) of Division 3 of the Business and Professions Code, and a business entity offering landscape architectural services in accordance with that chapter.
C. An individual registered as a professional engineer pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, and a business entity offering professional engineering services in accordance with that chapter.
D. An individual licensed as a professional land surveyor pursuant to Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code, and a business entity offering professional land surveying services in accordance with that chapter.
11.2 Defense Obligation For Design Professional Liability. Consultant agrees, at its cost and expense, to promptly defend the City, and the City’s employees, officers, managers, agents and council members (collectively the “Parties to be Defended”) from and against any and all claims, allegations, lawsuits, arbitration proceedings, administrative proceedings, regulatory proceedings, or other legal proceedings to the extent the same arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant, or anyone employed by or working under the Consultant or for services rendered to the Consultant in the performance of the Agreement, notwithstanding that the City may have benefited from its work or services and whether or not caused in part by the negligence of an Indemnified Party. Consultant agrees to provide this defense immediately upon written notice from the City, and with well qualified, adequately insured and experienced legal counsel acceptable to City. Consultant will reimburse City for reasonable defense costs for claims arising out of Consultant’s professional negligence based on the percentage of Consultant’s liability. This obligation to defend as set forth herein is binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.
11.3 Indemnity For Design Professional Liability. When the law establishes a professional standard of care for Consultant’s services, to the fullest extent permitted by law, Consultant shall indemnify, protect and hold harmless the City and the City’s employees, officers, managers, agents, and Council Members (“Indemnified Parties”) from and against any and all claim for damage, charge, lawsuit, action, judicial, administrative, regulatory or arbitration proceeding, damage, cost, expense (including counsel and expert fees), judgment, civil fines and penalties, 4 liabilities or losses of any kind or nature whatsoever to the extent the same arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant, or anyone employed by or working under the Consultant or for services rendered to the Consultant in the performance of the Agreement, notwithstanding that the City may have benefited from its work or services and whether or not caused in part by the negligence of an Indemnified Party.
11.4 Defense Obligation For Other Than Design Professional Liability.
Consultant agrees, at its cost and expense, to promptly defend the City, and the City’s employees, officers, managers, agents and council members (collectively the “Parties to be Defended”) from and against any and all claims, allegations, lawsuits, arbitration proceedings, administrative proceedings, regulatory proceedings, or other legal proceedings which arise out of, or relate to, or are in any way connected with: 1) the Services, work, activities, operations, or duties of the Consultant, or of anyone employed by or working under the Consultant, or 2) any breach of the Agreement by the Consultant. This duty to defend shall apply whether or not such claims, allegations, lawsuits or proceedings have merit or are meritless, or which involve claims or allegations that any or all of the Parties to be Defended were actively, passively, or concurrently negligent, or which otherwise assert that the Parties to be Defended are responsible, in whole or in part, for any loss, damage or injury.
Consultant agrees to provide this defense immediately upon written notice from the City, and with well qualified, adequately insured and experienced legal counsel acceptable to City. This obligation to defend as set forth herein is binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.
11.5 Indemnity For Other Than Design Professional Liability. Except as to the sole negligence or willful misconduct of the City, Consultant agrees to indemnify, protect and hold harmless the Indemnified Parties from and against any claim for damage, charge, lawsuit, action, judicial, administrative, regulatory or arbitration proceeding, damage, cost, expense (including counsel and expert fees), judgment, civil fine and penalties, liabilities or losses of any kind or nature whatsoever whether actual, threatened or alleged, which arise out of, pertain to, or relate to, or are a consequence of, or are attributable to, or are in any manner connected with the performance of the Services, work, activities, operations or duties of the Consultant, or anyone employed by or working under the Consultant or for services rendered to Consultant in the performance of this Agreement, notwithstanding that the City may have benefited from its work or services. This indemnification provision shall apply to any acts, omissions, negligence, recklessness, or willful misconduct, whether active or passive, on the part of the Consultant or anyone employed or working under the Consultant.
12. Insurance.
12.1 General Provisions. Prior to the City’s execution of this Agreement, Consultant shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. The rating and required insurance policies and coverages may be modified in writing by the City’s Risk Manager or City Attorney, or a designee, unless such modification is prohibited by law.
12.1.1 Limitations. These minimum amounts of coverage shall not constitute any limitation or cap on Consultant’s indemnification obligations under Section 11 hereof.
5 12.1.2 Ratings. Any insurance policy or coverage provided by Consultant or subcontractors as required by this Agreement shall be deemed inadequate and a material breach of this Agreement, unless such policy or coverage is issued by insurance companies authorized to transact insurance business in the State of California with a policy holder’s rating of A or higher and a Financial Class of VII or higher.
12.1.3 Cancellation. The policies shall not be canceled unless thirty (30) days’ prior written notification of intended cancellation has been given to City by certified or registered mail, postage prepaid.
12.1.4 Adequacy. The City, its officers, employees and agents make no representation that the types or limits of insurance specified to be carried by Consultant pursuant to this Agreement are adequate to protect Consultant. If Consultant believes that any required insurance coverage is inadequate, Consultant will obtain such additional insurance coverage as Consultant deems adequate, at Consultant’s sole expense.
12.2 Workers’ Compensation Insurance. By executing this Agreement, Consultant certifies that Consultant is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers’ compensation, or to undertake self-insurance before commencing any of the work. Consultant shall carry the insurance or provide for self-insurance required by California law to protect said Consultant from claims under the Workers’ Compensation Act. Prior to City’s execution of this Agreement, Consultant shall file with City either 1) a certificate of insurance showing that such insurance is in effect, or that Consultant is self-insured for such coverage, or 2) a certified statement that Consultant has no employees, and acknowledging that if Consultant does employ any person, the necessary certificate of insurance will immediately be filed with City. Any certificate filed with City shall provide that City will be given ten (10) days’ prior written notice before modification or cancellation thereof.
12.3 Commercial General Liability and Automobile Insurance. Prior to City’s execution of this Agreement, Consultant shall obtain, and shall thereafter maintain during the term of this Agreement, commercial general liability insurance and automobile liability insurance as required to insure Consultant against damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from or which may concern operations by anyone directly or indirectly employed by, connected with, or acting for or on behalf of Consultant.
The City, and its officers, employees and agents, shall be named as additional insureds under the Consultant’s insurance policies.
12.3.1 Consultant’s commercial general liability insurance policy shall cover both bodily injury (including death) and property damage (including, but not limited to, premises operations liability, products-completed operations liability, independent contractor’s liability, personal injury liability, and contractual liability) in an amount not less than $1,000,000 per occurrence and a general aggregate limit in the amount of not less than $2,000,000.
12.3.2 Consultant’s automobile liability policy shall cover both bodily injury and property damage in an amount not less than $1,000,000 per occurrence and an aggregate limit of not less than $1,000,000. All of Consultant’s automobile and/or commercial general liability 6 insurance policies shall cover all vehicles used in connection with Consultant’s performance of this Agreement, which vehicles shall include, but are not limited to, Consultant owned vehicles, Consultant leased vehicles, Consultant’s employee vehicles, non-Consultant owned vehicles and hired vehicles.
12.3.3 Prior to City’s execution of this Agreement, copies of insurance policies or original certificates along with additional insured endorsements acceptable to the City evidencing the coverage required by this Agreement, for both commercial general and automobile liability insurance, shall be filed with City and shall include the City and its officers, employees and agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobile liability insurance policies, but shall include the following provisions:
It is agreed that the City of Riverside, and its officers, employees and agents, are added as additional insureds under this policy, solely for work done by and on behalf of the named insured for the City of Riverside.
12.3.4 The insurance policy or policies shall also comply with the following provisions:
a. The policy shall be endorsed to waive any right of subrogation against the City and its sub-consultants, employees, officers and agents for services performed under this Agreement.
b. If the policy is written on a claims made basis, the certificate should so specify and the policy must continue in force for one year after completion of the services. The retroactive date of coverage must also be listed.
c. The policy shall specify that the insurance provided by Consultant will be considered primary and not contributory to any other insurance available to the City and Endorsement No. CG 20010413 shall be provided to the City.
12.4 Errors and Omissions Insurance. Prior to City’s execution of this Agreement, Consultant shall obtain, and shall thereafter maintain during the term of this Agreement, errors and omissions professional liability insurance in the minimum amount of $1,000,000 to protect the City from claims resulting from the Consultant’s activities.
12.5 Subcontractors’ Insurance. Consultant shall require all of its subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, damage or loss that may be caused by the subcontractors’ scope of work and activities provided in furtherance of this Agreement, including, but without limitation, the following coverages: Workers Compensation, Commercial General Liability, Errors and Omissions, and Automobile liability. Upon City’s request, Consultant shall provide City with satisfactory evidence that Subcontractors have obtained insurance policies and coverages required by this section.
7 13. Business Tax. Consultant understands that the Services performed under this Agreement constitutes doing business in the City of Riverside, and Consultant agrees that Consultant will register for and pay a business tax pursuant to Chapter 5.04 of the Riverside Municipal Code and keep such tax certificate current during the term of this Agreement.
14. Time of Essence. Time is of the essence for each and every provision of this Agreement.
15. City’s Right to Employ Other Consultants. City reserves the right to employ other Consultants in connection with the Project. If the City is required to employ another consultant to complete Consultant’s work, due to the failure of the Consultant to perform, or due to the breach of any of the provisions of this Agreement, the City reserves the right to seek reimbursement from Consultant.
16. Accounting Records. Consultant shall maintain complete and accurate records with respect to costs incurred under this Agreement. All such records shall be clearly identifiable.
Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
17. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant, except as otherwise directed by City’s Contract Administrator. Nothing furnished to Consultant which is otherwise known to the Consultant or is generally known, or has become known, to the related industry shall be deemed confidential.
Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production, website, or other similar medium without the prior written consent of the City.
18. Ownership of Documents. All reports, maps, drawings and other contract deliverables prepared under this Agreement by Consultant shall be and remain the property of City.
Consultant shall not release to others information furnished by City without prior express written approval of City.
19. Copyrights.Consultant agrees that any work prepared for City which is eligible for copyright protection in the United States or elsewhere shall be a work made for hire. If any such work is deemed for any reason not to be a work made for hire, Consultant assigns all right, title and interest in the copyright in such work, and all extensions and renewals thereof, to City, and agrees to provide all assistance reasonably requested by City in the establishment, preservation and enforcement of its copyright in such work, such assistance to be provided at City's expense but without any additional compensation to Consultant. Consultant agrees to waive all moral rights relating to the work developed or produced, including without limitation any and all rights of identification of authorship and any and all rights of approval, restriction or limitation on use or subsequent modifications.
8 20. Conflict of Interest. Consultant, for itself and on behalf of the individuals listed in Exhibit “C,” represents and warrants that by the execution of this Agreement, they have no interest, present or contemplated, in the Project affected by the above-described Services. Consultant further warrants that neither Consultant, nor the individuals listed in Exhibit “C” have any real property, business interests or income interests that will be affected by this project or, alternatively, that Consultant will file with the City an affidavit disclosing any such interest.
21. Solicitation. Consultant warrants that Consultant has not employed or retained any person or agency to solicit or secure this Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to secure this Agreement. For breach of this warranty, City shall have the right to terminate this Agreement without liability and pay Consultant only for the value of work Consultant has actually performed, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from Consultant the full amount of such commission, percentage, brokerage or commission fee. The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement.
22. General Compliance With Laws. Consultant shall keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Consultant, or in any way affect the performance of services by Consultant pursuant to this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Consultant represents and warrants that Consultant has obtained all necessary licenses to perform the Scope of Services and that such licenses are in good standing.
Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies and practices of the City of Riverside.
23. Waiver. No action or failure to act by the City shall constitute a waiver of any right or duty afforded City under this Agreement, nor shall any such action or failure to act constitute approval of or acquiescence in any breach thereunder, except as may be specifically, provided in this Agreement or as may be otherwise agreed in writing.
24. Amendments. This Agreement may be modified or amended only by a written agreement and/or change order executed by the Consultant and City.
25. Termination. City, by notifying Consultant in writing, shall have the right to terminate any or all of Consultant’s services and work covered by this Agreement at any time. In the event of such termination, Consultant may submit Consultant’s final written statement of the amount of Consultant’s services as of the date of such termination based upon the ratio that the work completed bears to the total work required to make the report complete, subject to the City’s rights under Sections 15 and 26 hereof. In ascertaining the work actually rendered through the termination date, City shall consider completed work, work in progress and complete and incomplete reports and other documents only after delivered to City.
25.1 Other than as stated below, City shall give Consultant thirty (30) days’ prior written notice prior to termination.
9 25.2 City may terminate this Agreement upon fifteen (15) days’ written notice to Consultant, in the event:
25.2.1 Consultant substantially fails to perform or materially breaches the Agreement; or
25.2.2 City decides to abandon or postpone the Project.
26. Offsets. Consultant acknowledges and agrees that with respect to any business tax or penalties thereon, utility charges, invoiced fee or other debt which Consultant owes or may owe to the City, City reserves the right to withhold and offset said amounts from payments or refunds or reimbursements owed by City to Consultant. Notice of such withholding and offset, shall promptly be given to Consultant by City in writing. In the event of a dispute as to the amount owed or whether such amount is owed to the City, City will hold such disputed amount until either the appropriate appeal process has been completed or until the dispute has been resolved.
27. Successors and Assigns. This Agreement shall be binding upon City and its successors and assigns, and upon Consultant and its permitted successors and assigns, and shall not be assigned by Consultant, either in whole or in part, except as otherwise provided in paragraph 9 of this Agreement.
28. Venue. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in the Superior Court, County of Riverside, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. In the event either party hereto shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition of this Agreement, it is mutually agreed that each party will bear their own attorney’s fees and costs.
29. Nondiscrimination. During Consultant’s performance of this Agreement, Consultant shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex, genetic information, gender, gender identity, gender expression, or sexual orientation, military and veteran status, in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code.
Further, Consultant agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement.
30. Severability. Each provision, term, condition, covenant and/or restriction, in whole and in part, of this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, of this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement, and the remainder of the Agreement shall continue in full force and effect. 10 31. Authority. The individuals executing this Agreement and the instruments referenced herein on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions hereof and thereof.
32. Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by and neither party is relying on, any representation or warranty outside those expressly set forth in this Agreement.
33. Interpretation. City and Consultant acknowledge and agree that this Agreement is the product of mutual arms-length negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement.
33.1 Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of the Agreement or any of its terms. Reference to section numbers, are to sections in the Agreement unless expressly stated otherwise.
33.2 This Agreement shall be governed by and construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement.
33.3 In the event of a conflict between the body of this Agreement and Exhibit A - Scope of Services hereto, the terms contained in Exhibit A shall be controlling.
34. Digital Signatures. This Agreement may be signed by the Parties hereto in digital format in compliance with Government Code § 16.5 and California Code of Regulations Title 2 Division 7 Chapter 10 § 22000, et seq., and parties agree that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
35. Exhibits. The following exhibits attached hereto are incorporated herein to this Agreement by this reference:
Exhibit A - Scope of Services
Exhibit B - Compensation
Exhibit C - Key Personnel
11 IN WITNESS WHEREOF, City and Consultant have caused this Agreement to be duly executed the day and year first above written.
CITY OF RIVERSIDE, a California
charter city and municipal corporation
By: _____________________________
City Manager
Attest:
City Clerk
REDISTRICTING PARTNERS, LLC, a
California limited liability company
By: ________________________________
[Printed Name]
[Title]
Certified as to Availability of Funds:
By:
Chief Financial Officer
Approved as to Form:
By:
Assistant City Attorney
By: ________________________________
[Printed Name]
[Title]
22-0901 SDW 6/17/22
\\Rc-citylaw\cycom\WPDOCS\D017\P034\00659386.DOC
EXHIBIT “A”
SCOPE OF SERVICES
P a g e | 1
City of Riverside
Demographic Consulting Services
RFP No. 2180
April 18, 2022
April 18, 2022
Donesia Gause
City Clerk
3900 Main Street
Riverside, CA 92522
Dear Ms. Gause,
Thank you for the opportunity to submit this proposal for the coming redistricting of the City of Riverside.
Redistricting Partners has worked with dozens of agencies on their decennial redistricting process, and mid-decade work on conversion to districts under the California Voting Rights Act and other related projects, such as racially polarized voting analysis. This includes walking the elected officials, staff and committee members through the background of the redistricting process, conducting a local redistricting program with agency and community, building a record of community input on potential new lines, working with outside groups that are engaged in redistricting advocacy, and overseeing the technical aspects of implementing the new lines with the relevant local county elections offices
For the 2021 redistricting cycle, we have been hired by over 100 local and state governments, including over 20 counties, over 25 cities, including 5 of the 10 largest cities in California, and the State of New York Independent Redistricting Commission. In California, we have a master contract with the Foundation for California Community Colleges and the California School Boards Association.
Our work has ranged from very small contracts for an agency which was doing much of the work on their own, up to very large contracts where we were in charge of dozens of hearings, managing a commission, or working in a complex, challenging environment.
We look forward to working with you.
Sincerely,
Paul Mitchell
Owner, Redistricting Partners
730 Howe Ave, Ste 425
Sacramento, CA 95825
800-996-1019
Statement of Understanding: Executive Summary
We are happy to provide information on our approach to the redistricting process and how we are able to support the City of Riverside in an open and transparent process that the City Council, the City Council Advisory Redistricting Committee (CCARC), and the public, can have confidence in.
This includes:
Management of Census and other datasets
Tools for community engagement
Creating a public mapping tool and facilitating the development of an optional online mapping program to allow the public to submit maps
Developing draft plans and evaluating publicly submitted plans Working with the City Council and the CCARC on iterations of plans Submitting the final plan passed by the City Council to the County Registrar The proposal outlines our participation in all the required redistricting processes and more, including:
Additional Hearings – beyond what is required, and beyond what is within the expected structure of a public open and transparent process.
Additional Support – working with the City Council and staff on outreach, community engagement, and any additional projects.
Technical Support – beyond the redistricting itself, offering support of an online mapping system for public engagement.
Redistricting Partners has the experience and knowledge to assist the City and the city staff in every step of the coming redistricting process, from community engagement, data gathering, line drawing, map presentation, and all other technical aspects of the work. We also have the demonstrated ability to perform these functions within the COVID-era restrictions and with in-person meetings.
Working on this project will be Paul Mitchell, President of Redistricting Partners, Chris Chaffee, Chief Operating Officer, and Elizabeth Stitt, Project Lead.
Project Approach & Timeline
Redistricting Partners is well prepared to assist the City of Riverside and their staff in the redistricting process, including working with existing state and federal voting rights act laws, the new Fair Maps Act, and utilizing traditional redistricting criteria, borne out of state and local laws, caselaw, and best practices, in order to facilitate the process in an open, inclusive and transparent manner.
Our approach, with additional information below, would include:
Supporting the city staff in developing schedules, materials, and providing information that can be used for public outreach, including how community input opportunities, hearing information, and draft maps can be made available to the public.
Working with city staff to build community engagement with the intent of receiving public testimony on communities of interest and the metrics by which the City should evaluate potential redistricting plans.
Working with city staff to facilitate each CCARC workshop held prior to map construction and those workshops held after map plans have been created to encourage public input on both parts of the redistricting process.
Support of a public online mapping tool with training for the public to learn how use the program for submitting maps on communities of interest or potential ward.
Analyzing public input - whenever the public develops a mapping plan; be it via an online system, submitted directly in an open comment, or drawn on a napkin, that plan will be converted to the standard formats and datasets and be available on the City’s redistricting website.
Creating multiple draft plans that reflect the testimony from the public in open hearings and from discussion with the CCARC and City Council.
Working with the CCARC and the City Council on the iterative process of developing and analyzing mapping options, balancing tradeoffs, and facilitating making decisions on a final plan.
Once the redistricting has been concluded, working with the County Registrar to transmit the plans in multiple required formats and work with staff on any technical issues.
To begin the process, Redistricting Partners will construct for the City the following datasets:
1. Working with the agency and staff from the County Registrar’s Office, Redistricting Partners will create the GIS files necessary to define the external boundaries of each city ward, and the underlying precincts and their relationships with the Census TIGER files, identifying any changes and discrepancies prior to beginning the redistricting process.
2. Redistricting Partners will collect the 2020 Census Redistricting Data [P.L. 94-171] files.
These population figures are reflective of the total population within the boundaries of the utilizing the census geographies and is the basis for determining the actual population of the jurisdiction in any redistricting.
3. Most recent American Community Survey (ACS) dataset, including estimated total population and Citizen Voting Age Population (CVAP). This dataset is based on the long form of the US Census and statistical estimates which can be useful in both understanding how different communities might be growing, and the ethnic populations for the purposes of voting rights claims.
4. Any available data from public sources regarding neighborhoods, county areas or other geographies that can be utilized as a part of identifying communities of interest and may be a part of the overall redistricting process.
5. Any available data from public sources regarding neighborhoods, city areas or other geographies that can be utilized as part of identifying communities of interest and may be part of the overall redistricting process.
Staff Support
Mitchell and the other Redistricting Partners staff have significant experience in helping local agency staff and local elected officials become proficient in the traditional criteria used in redistricting and the technical aspects of understanding the data and line drawing. Our staff will attend all meetings and workshops when redistricting is discussed and be on hand for all redistricting functions, including in-person or virtual meetings as required.
CCARC Support and Training
Redistricting Partners brings extensive experience in guiding agencies through the redistricting process and decades of expertise with mapping software and GIS information. After conducting over a hundred redistricting projects, we understand the importance of public input, responding quickly to questions, and establishing a transparent process. We shall assist the CCARC throughout the process, analyze census data, prepare draft and final maps, and provide final reports to the CCARC and City Council.
To support the CCARC is excited to be working with Connie Malloy, the Chair of the 2010 California Citizens Redistricting Committee. Connie’s commission experience and her background working in a collaborative fashion uniquely qualifies her to train the CCARC.
Training will be key to producing a competent and empowered CCARC. Having the leadership from an experienced former commissioner will be invaluable. We also are contracting with others in the redistricting space who should be able to illuminate the process for the Committee Members. A sample training plan is as follows:
Phase 1: Introduction / Process
Introduction of training items / presenters
Training schedule overview
Phase 2: Redistricting Laws
Federal Voting Rights Act / Racially Polarized Voting, featuring national legal experts and academics.
California Redistricting Laws – featuring nonprofit and legal experts.
Phase 3: Community Engagement
Communities of Interest: what are they, and how are they used in redistricting – featuring community-based organization and social justice leaders who have worked to empower local communities through redistricting.
Phase 4: The Process of Redistricting
Redistricting Fundamentals – a look at the actual process of applying the commission role, public engagement and legal principles to map drawing.
Map-making tools and software – overview of map drawing tools and public engagement software
Public Engagement
Redistricting Partners will work with the City in conducting presentations, gathering and documenting public input, and utilizing these hearings as a means for determining initial criteria for draft maps and amending maps that have been produced.
In addition, Redistricting Partners traditionally utilizes three methods for soliciting public input during this process.
1) The use of a simple community of interest worksheet which allows the public to describe their community of interest, give evidence of what binds that community together and defines it, and provide any kind of drawing or map of that area. This can be used in- person at public hearings or completed by the public and emailed as a form of submitted testimony.
2) An in-person or online interactive workshop where physical maps are provided showing population densities, and the public is assisted in either drawing their communities of interest or drawing draft maps. (Dependent on health and safety guidelines.) 3) An online mapping option to facilitate deeper community engagement by allowing members of the public to draw and describe their community of interest or draw potential ward lines.
Our staff includes experts in civic engagement and community outreach and will assist in communicating needs for public engagement at the client’s direction.
Mapping Tools
A key element to community engagement is providing an online mapping tool to allow residents to draw their community of interests and submit draft districted maps. There are several options on the market today for public mapping, but our current preference is DistrictR.
DistrictR is a new user-friendly web tool designed to let members of the public try their hand at drawing communities of interest or actual ward lines. It features a highly intuitive mapping interface built on top of vetted electoral and demographic data. The tool was developed by the MGGG Redistricting Lab, a team of researchers at Tisch College of Tufts University, to help state legislatures, nonpartisan commissions, and community organizations collect public input throughout the redistricting process.
Redistricting Partners has a license agreement with MGGG for use of this tool in our redistricting contracts. The costs of these programs, including training, are included in our proposed budget.
GIS and Data
The GIS backbone of redistricting is the Topologically Integrated Geographic Encoding and Referencing, or TIGER, a format used by the United States Census Bureau. This will serve as the geographic backbone of the redistricting project. The core TIGER/Line Files and Shapefiles do not include demographic data but do contain information about the external boundaries of cities, counties and other districts, and often are the same geography used in the creation of precincts.
The decennial Census redistricting data will be specifically tailored to City of Riverside and be utilized within this TIGER geography. This data will be supplemented with the most recent American Community Survey (ACS) dataset, including estimated total population and Citizen Voting Age Population (CVAP) which quantifies ethnic populations for the purposes of the Federal Voting Rights Act.
Additional datasets can be utilized in redistricting based on the client needs. Redistricting Partners is adept at helping agencies utilize these different pieces of geographic information within one project.
Meetings & Creation of Lines
Redistricting Partners will participate in public hearings and workshops either remotely or in-person, based on the health and safety guidance at the time.
Once mapping begins, Redistricting Partners will create three sets of potential lines following the specific criteria outlined in the Fair Maps Act, including equal population, contiguity, respecting communities of interest, following traditional governmental or community lines and natural / physical contours of the ward geography, and compactness. Public testimony will also be a predominate factor when drawing lines. Redistricting Partners will also draw draft maps based upon the feedback provided by the community and additional criteria, beyond the those of the FMA, provided by the CCARC and the City Council.
Maps that are created are provided in three formats:
Printable 8.5x11 Mapping and Data PDFs for dissemination with meeting agendas or posting on the public-facing website. These maps provide an overview and will often show neighborhoods and significant landmarks or key facilities, but do not go down to the street- level.
Interactive online maps, similar to Google Maps, allowing for easy identification of the street-level ward boundaries and an easy address lookup tool.
Shapefile and census block equivalency files for use by any GIS staff or members of the public with GIS mapping capabilities.
Following the presentation of maps at a public hearing, Redistricting Partners will take any information gleaned from public comments or elected official input to create additional amended maps and engage in a process of selecting and finalizing mapping options for the final public hearing.
Analysis of Maps
In addition to City-drawn plans, we expect to have a robust process of engaging the public in both using mapping and data to develop community of interest testimony and the drawing of actual district maps.
Whether done online or by hand, all mapping options submitted by the public have value. A map does not have to be perfect to inform the City about how a member of the public views their community, and how they would choose to make tradeoffs between the different factors in redistricting. What is important is that residents have an opportunity to tell their story about their city and we provide the tools and opportunities to do this.
Adoption/ Processing of new lines
Once lines are adopted, Redistricting Partners will work with County staff in order to complete the process and make new lines available for the next available election. This processing includes:
Documentation from public meetings, signed resolution or ordinance Electronic PDF maps of new election ward boundaries
GIS Shapefiles for the City’s staff to assign precincts Metes and Bounds legal document with written description of district boundaries Census Block equivalency files and shapefiles for a backup of district lines in latest US Census geographic data.
Optional Elements
Additional outreach programs, including in-language outreach, are available through Redistricting Partners sub-vendors. These can range from small engagements to create materials and promotions promoting the redistricting process. Language services are also available through a sub-vendor contract.
Additional training hearings can be added to the beginning of the process and are a great way to produce a knowledgeable board. We are contracting with subject matter experts and past redistricting commissioners to perform trainings on increasing sensitivity to the needs of minority communities, the importance of not cracking or packing communities of interest, the rights of protected classes, and applicable federal voting rights act laws.
Due to potential COVID restrictions, it is expected that all hearings and meetings will be virtual or a hybrid approach: in-person with a virtual component for individuals who cannot be around large groups.
Project Timeline
The following timeline follows the requirements of the Fair Maps Act, and the structure described in the Request for Proposals. This timeline includes planning meetings with the City staff and the CCARC, redistricting trainings for the CCARC, a pre and post draft map public workshop in each ward, three draft maps meetings, and three City Council Meetings.
This general timeline should be adjusted at the wishes of City staff, the CCARC, and the City.
July or August 2022: Kickoff meeting with City staff.
August & September: CCARC Training – A series of trainings to prepare and empower the CCARC to perform their duties. These trainings would include presentations on the Brown Act, legal roles of committee members, a discussion of the Federal Voting Rights Act, Fair Maps Act, the Riverside Charter, and other applicable laws, traditional redistricting principles, community of interest testimony and outreach strategies, and the online mapping tool selected by the City.
October: CCARC Public Outreach Workshops – One Public Workshop in each of the City Wards with an opportunity for public input on communities of interest. This will also be an opportunity for a discussion of preferences of neighborhoods and geographic or other features that should be considered in drawing public plans.
November: CCARC Meetings on Mapping Options – Two to three meetings discussing draft maps plans initially created from public input and modified through discussion with the CCARC and public. Maps created by Redistricting Partners to be discussed at the meeting will need to be posted seven days prior to hearing. It is recommended that the CCARC recommend a map plan or plans for consideration of the City Council in its final meeting.
December: CCARC Public Outreach Workshops – A series of one Public Outreach Workshop in each City Ward to discuss the draft plan or plans to be recommended to the City Council and receive public input on these draft plans.
January & February 2023: A series of City Council Meetings to receive the recommended map plan or plans from the CCARC. These meetings will allow for the public and City Council to provide input on the recommended plan or plans with the goal of having the Council select and make any final changes to a single plan.
March: The City Council adopts the final map plan by ordinance over two meetings. The final plan will need to be made public seven-days prior to the first reading of the ordinance.
This timeline places the half of the public workshops at the front-end of the process. This should provide an opportunity for the public to have input on the extremely important building of “communities of interest” that will be utilized in the redistricting process and act as the building blocks of the wards. The online mapping tool will be used for this process as well as the drawing of potential wards.
Company Information
Redistricting Partners with the same core of individuals on staff, has worked on decennial redistricting, racially polarized voting analysis, and mid-decade redistricting work, primarily in California, for the past decade with GIS and political experience that goes back more than 20 years.
Redistricting Partners and its employees are not subject to any litigation, mediation, or arbitration regarding the performance of any services similar to the services of the RFP.
Redistricting Partners is a California Limited Liability Corporation. Its contact information is as follows:
730 Howe Ave, Ste 425
Sacramento, CA 95825
[email protected]
800-996-1019
Company Personnel
For this project we will be dedicating personnel in each of the following roles:
Paul Mitchell – Lead Demographer / Principal
Owner of Redistricting Partners and Vice President of the bi-partisan voter data firm Political Data Inc., Mitchell has conducted dozens of redistricting and racially polarized voting studies for local cities, school boards and other agencies. Mitchell is a recognized expert in redistricting, demographics, elections analysis and community electoral behavior.
Mitchell is the lead consultant for this proposal, overseeing the entire process, including conducting many of the technical aspects of the redistricting, performing line drawing, conducting presentations on redistricting before the district and public, overseeing outreach meetings along with other team members, and working with staff to ensure a successful redistricting process, from start to finish.
Connie Malloy – Lead Trainer
Commissioner and Rotating Chair of the California Redistricting Commission. Malloy brings the unique experience of having come from a background of community organizing, and non-profit leadership to serving on one of the Nation’s first true non-partisan citizen’s redistricting commissions, drawing California’s new districts for the Legislature, Congress, and Board of Equalization. She has maintained her position on the commission while returning to non-profit management and proving to be one of the state’s leading voices in civic engagement and community empowerment.
Malloy’s role in this proposal would be to lead the redistricting training, in addition to working with the City staff to facilitate a fair and open redistricting process.
Chris Chaffee – Chief Operations Officer
Chief Operations Officer with Redistricting Partners, Chaffee worked extensively with the California Counts statewide census outreach program and multiple community-based organizations in developing and implementing grassroots strategies to increase the 2020 Census count in traditionally hard to count areas.
Elizabeth Stitt – Project Lead
Stitt a lead consultant for this proposal, working with the city staff on structure and development of outreach meetings, helping increase the confidence that staff, the CCARC, and the City Council have in working with the data and mapping tools, and ensuring successful completion of the redistricting project.
It is important to note that the staff at Redistricting Partners works cohesively in a team-based environment, so there will often be more than one staff person dedicated to each task. All staff have extensive experience with their areas of expertise and work seamlessly together. While there may be additional staff who work on each project, all work is performed at the highest level of expertise and professionalism. The team works remotely with staff in California and other states.
Please see Exhibit A for resumes of the Redistricting Partner team.
EXHIBIT “B”
COMPENSATION
Task Description Principal
Demographer
Assistant
Demographer
Office Assistant/
Clerical support Other Grand Total
SAMPLE COST $ $ $ $
Guide and assist the
process for the City Council
Advisory Committee on the
selection of a preferred
redistricting process lead
by the City Council
Launch and support a
digital interface/software
application for the public
for map drawing
Provide mapping software
training inperson and
online
Evaluation of draft maps
and proposed alternatives
Presentation of Census
2020 data summary files to
the Public, City Council
Advisory Committee and
City Council
Assessment of compliance
based on 2020 Census data
Upon assessment of
Census data, propose
redistricting alternatives
Report Preparation and
presentation for public
hearings
Present at a minimum of
20 meetings/hearings
(indicate permeeting rate
or hourly rate)
TOTAL LUMP SUM
$
EXHIBIT “C”
KEY PERSONNEL
Paul Mitchell
Chris Chafee
Elizabeth Stitt