EXHIBIT B - Compensation
The Expansive Engagement includes the following:
• Project management for the entire project, including overall schedule, resource scheduling, timeline management and demographer engagement.
• Graphic design for flyers/PowerPoints for 4 Council hearings • Bilingual (Spanish) social media outreach over 6 months: 1 post and graphic per week • 5 Bilingual Press Releases
• 2 social media advertisements
• 2 in-person workshops – all project management/planning, facilitation, and recordings • Principal or Director attendance at up to 1 Council hearing to provide commentary on the outreach
• Creation of content and maintaining content for a bilingual districting website/webpage • Community group research, outreach and phone calls (2 rounds)
Expansive Engagement Package $56,926.00
Project Website w/ Year 1
Hosting
$4,110.00
$3,500 Website & Hosting $610
In-Person Workshop (First) $8,660.00
In-Person Workshop
(Additional)
$7,640.00
Animated Education Video $2,850.00
Contingency Amount* $9,814.00
Total $90,000.00
*Contingency Amount: In the event additional workshops, hearings or other additions are needed, a contingency amount of $9,814.00 will cover those expenses.
Payment Schedule:
Kickoff: 30%
Conclusion of Second Hearing: 30%
Final Map Adoption: 40%
City of Tracy -- Professional Services Agreement with Tripepi Smith and Associates, Inc.
Addit
ional Pricing Options:
Rates
and Related Fees for Services
City of Tracy -- Professional Services Agreement with Tripepi Smith and Associates, Inc.
Equipment Fees
Consultant offers some services that require equipment, such as drone operations and video production. As such, in those cases, the following rates apply:
• $550 for a full day of video equipment use (includes full set of video equipment). Full day is defined as a shoot lasting more than four hours.
• $350 for a half day of video equipment use. Half day is defined as anything up to four hours of video production. All such expenses will be authorized by the organization prior to fee being assessed.
• $500/day drone fee applies and is not inclusive of the drone operator time (drone operator rate).
Larger production projects may require additional fees for extensive equipment needs, multiple cameras, live switchboards and more. These fees will be discussed prior to being incurred with the City.
Printing Fees
Consultant will have the printer bill the City directly for work.
City of Tracy -- Professional Services Agreement with National Demographics Corporation
CITY OF TRACY
PROFESSIONAL SERVICES AGREEMENT WITH
National Demographics Corporation – Demographic and Mapping Services, and Outreach Assistance for The Districting Process
This Professional Services Agreement ( Agreement) is entered into between the City of Tracy, a municipal corporation (City), and National Demographics Corporation, a corporation (Consultant).
City and Consultant are referred to individually as “Party” and collectively as “Parties.” Recitals
A. City desires to retain Consultant to perform Demographic and Mapping Services, and Outreach Assistance for The Districting Process; and
B. On December 1st, 2022, the City issued a Request for Qualifications (RFQ) for Demographic and Mapping Services, and Outreach Assistance for The Districting Process. On December 15th, 2022, Consultant submitted its proposal to the City. City has determined that Consultant possesses the skills, experience and certification required to provide the services.
C. After negotiations between the City and Consultant, the Parties have reached an agreement for the performance of services in accordance with the terms set forth in this Agreement.
D. This Agreement is being executed pursuant to Resolution No. ____ approved by Tracy City Council on ______, 2023.
Now therefore, the Parties mutually agree as follows:
1. Scope of Work. Consultant shall perform the services described in Exhibit “A” attached and incorporated by reference. The services shall be performed by, or under the direct supervision of, Consultant’s Authorized Representative: Dr. Douglas Johnson. NDC may be represented at some workshops or hearings by Vice President Dr. Justin Levitt, Douglas Yoakam or Ken Chawkins.
Consultant shall not replace its Authorized Representative, nor shall Consultant use or replace any subcontractor or subconsultant, without City’s prior written consent. A failure to obtain the City’s prior written consent for any change or replacement in personnel or subcontractor/subconsultant may result in the termination of this Agreement.
2. Time of Performance. Time is of the essence in the performance of services under this Agreement and the timing requirements set forth shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. Consultant shall begin performance, and shall complete all required services no later than the dates set forth in Exhibit “A.” Any services for which times for performance are not specified in this Agreement shall be started and completed by Consultant in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the Consultant. Consultant shall submit all requests for time extensions to the City in writing no later than ten days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due. City shall grant or deny such requests at its sole discretion.
2.1 Term. The term of this Agreement shall begin February 13, 2023 and end December 31, 2023, unless terminated in accordance with Section 6.
ATTACHMENT B
City of Tracy -- Professional Services Agreement with National Demographics Corporation
3. Compensation. City shall pay Consultant on a time and expense basis, at the billing rates set forth in Exhibit “B,” attached and incorporated by reference for services performed under this Agreement.
3.1 Not to Exceed Amount. Consultant’s total compensation under this Agreement shall not exceed $60,000. Consultant’s billing rates shall cover all costs and expenses for Consultant’s performance of this Agreement. No work shall be performed by Consultant in excess of the total compensation amount provided in this section without the City’s prior written approval.
3.2 Invoices. Consultant shall submit monthly invoice(s) to the City that describe the services performed, including times, dates, and names of persons performing the services.
3.2.1 If Consultant is providing services in response to a development application, separate invoice(s) must be issued for each application and each invoice shall contain the City’s designated development application number.
3.2.2 Consultant’s failure to submit invoice(s) in accordance with these requirements may result in the City rejecting said invoice(s) and thereby delaying payment to Consultant.
3.3 Payment. Within 30 days after the City’s receipt of invoice(s), City shall make payment to the Consultant based upon the services described on the invoice(s) and approved by the City.
4. Indemnification. Consultant shall, to the fullest extent permitted by law, indemnify, defend (with independent counsel approved by the City), and hold harmless the City from and against any claims arising out of Consultant’s performance or failure to comply with obligations under this Agreement, except to the extent caused by the sole, active negligence or willful misconduct of the City.
In this section, “City” means the City, its officials, officers, agents, employees and volunteers; “Consultant” means the Consultant, its employees, agents and subcontractors; “Claims” includes claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all related costs and expenses) and any allegations of these; and “Arising out of” includes “pertaining to” and “relating to”.
(The duty of a "design professional" to indemnify and defend the City is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design professional, under Civ. Code § 2782.8.)
The provisions of this section survive completion of the services or the termination of this Agreement and are not limited by the provisions of Section 5 relating to insurance.
5. Insurance. Consultant shall, throughout the duration of this Agreement, maintain insurance to cover Consultant, its agents, representatives, and employees in connection with the performance of services under this Agreement at the minimum levels set forth herein.
5.1 Commercial General Liability (with coverage at least as broad as ISO form CG 00 01 01 96) “per occurrence” coverage shall be maintained in an amount not less than $4,000,000 general aggregate and $2,000,000 per occurrence for general liability, bodily injury, personal injury, and property damage.
5.2 Automobile Liability (with coverage at least as broad as ISO form CA 00 01 07 97, for “any auto”) “claims made” coverage shall be maintained in an amount not less than $1,000,000 per accident for bodily injury and property damage.
5.3 Workers’ Compensation coverage shall be maintained as required by the State of California.
5.4 Professional Liability “claims made” coverage shall be maintained to cover damages that may be the result of errors, omissions, or negligent acts of Consultant in an amount not less than $1,000,000 per claim.
City of Tracy -- Professional Services Agreement with National Demographics Corporation
5.5 Endorsements. Consultant shall obtain endorsements to the automobile and commercial general liability insurance policies with the following provisions:
5.5.1 The City (including its elected officials, officers, employees, agents, and volunteers) shall be named as an additional “insured.”
5.5.2 For any claims related to this Agreement, Consultant’s coverage shall be primary insurance with respect to the City. Any insurance maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it.
5.6 Notice of Cancellation. Consultant shall notify the City if the policy is canceled before the expiration date. For the purpose of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation. Consultant shall immediately obtain a replacement policy.
5.7 Authorized Insurers. All insurance companies providing coverage to Consultant shall be insurance organizations authorized by the Insurance Commissioner of the State of California to transact the business of insurance in the State of California.
5.8 Insurance Certificate. Consultant shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance and endorsements, in a form satisfactory to the City, before the City signs this Agreement.
5.9 Substitute Certificates. Consultant shall provide a substitute certificate of insurance no later than 30 days prior to the policy expiration date of any insurance policy required by this Agreement.
5.10 Consultant’s Obligation. Maintenance of insurance by the Consultant as specified in this Agreement shall in no way be interpreted as relieving the Consultant of any responsibility whatsoever (including indemnity obligations under this Agreement), and the Consultant may carry, at its own expense, such additional insurance as it deems necessary. Failure to provide or maintain any insurance policies or endorsements required herein may result in the City terminating this Agreement.
6. Termination. The City may terminate this Agreement by giving ten days’ written notice to Consultant. Upon termination, Consultant shall give the City all original documents, including preliminary drafts and supporting documents, prepared by Consultant for this Agreement. The City shall pay Consultant for all services satisfactorily performed in accordance with this Agreement, up to the date notice is given.
7. Dispute Resolution. If any dispute arises between the City and Consultant that cannot be settled after engaging in good faith negotiations, City and Consultant agree to resolve the dispute in accordance with the following:
7.1 Each Party shall designate a senior management or executive level representative to negotiate the dispute;
7.2 The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.
7.3 If the issue remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiations between legal counsel. If the aforementioned process fails, the Parties shall resolve any remaining disputes through mediation to expedite the resolution of the dispute.
7.4 The mediation process shall provide for the selection within fifteen (15) days by both Parties of a disinterested third person as mediator, shall be commenced within thirty (30) days and shall be concluded within fifteen (15) days from the commencement of the mediation.
7.5 The Parties shall equally bear the costs of any third party in any alternative dispute resolution process.
7.6 The dispute resolution process is a material condition to this Agreement and must be exhausted prior to either Party initiating legal action. This dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code §§ 900 et seq.
City of Tracy -- Professional Services Agreement with National Demographics Corporation
8. Ownership of Work. All original documents prepared by Consultant for this Agreement, whether complete or in progress, are the property of the City, and shall be given to the City at the completion of Consultant’s services, or upon demand from the City. No such documents shall be revealed or made available by Consultant to any third party without the City’s prior written consent.
9. Independent Contractor Status. Consultant is an independent contractor and is solely responsible for the acts of its employees or agents, including any negligent acts or omissions.
Consultant is not City’s employee and Consultant shall have no authority, express or implied, to act on behalf of the City as an agent, or to bind the City to any obligation, unless the City provides prior written authorization. Consultant is free to work for other entities while under contract with the City.
Consultant, and its agents or employees, are not entitled to City benefits.
10. Conflicts of Interest. Consultant (including its employees, agents, and subconsultants) shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement. If Consultant maintains or acquires such a conflicting interest, the City may terminate any contract (including this Agreement) involving Consultant’s conflicting interest.
11. Rebates, Kickbacks, or Other Unlawful Consideration. Consultant warrants that this Agreement was not obtained or secured through rebates, kickbacks, or other unlawful consideration either promised or paid to any City official or employee. For breach of this warranty, City shall have the right, in its sole discretion, to terminate this Agreement without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.
12. Notices. All notices, demands, or other communications which this Agreement contemplates or authorizes shall be in writing and shall be personally delivered or mailed to the other party to the addresses listed below. Communications shall be deemed to have been given and received on the first to occur of: (1) actual receipt at the address designated below, or (2) three working days after the deposit in the United States Mail of registered or certified mail, sent to the address designated below.
To City: To Consultant:
City of Tracy National Demographics Corporation
Karin Schnaider, Assistant City Manager Douglas Johnson, President 333 Civic Center Plaza PO Box 5271
Tracy, CA 95376 Glendale, CA 91221
With a copy to:
City Attorney
333 Civic Center Plaza
Tracy, CA 95376
13. Miscellaneous.
13.1 Standard of Care. Unless otherwise specified in this Agreement, the standard of care applicable to Consultant’s services will be the degree of skill and diligence ordinarily used by reputable City of Tracy -- Professional Services Agreement with National Demographics Corporation
professionals performing in the same or similar time and locality, and under the same or similar circumstances.
13.2 Amendments. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both Parties.
13.3 Waivers. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.
13.4 Assignment and Delegation. Consultant may not assign, transfer or delegate this Agreement or any portion of it without the City’s written consent. Any attempt to do so will be void.
City’s consent to one assignment shall not be deemed to be a consent to any subsequent assignment.
13.5 Jurisdiction and Venue. The interpretation, validity, and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of San Joaquin.
13.6 Compliance with the Law. Consultant shall comply with all applicable local, state, and federal laws, whether or not those laws are expressly stated in this Agreement.
13.6.1 Prevailing Wage Laws. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates; employment of apprentices (§ 1777.5), certified payroll records (§1776), hours of labor (§1813 and §1815), debarment of contractors and subcontractors (§1777.1) and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed under this Agreement are part of a “public works” or “maintenance” project, as defined in the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. These prevailing rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents, harmless from any and all claims, costs, penalties, or interests arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
13.6.2 Non-discrimination. Consultant represents and warrants that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age.
Consultant shall also comply with all applicable anti-discrimination federal and state laws, including but not limited to, the California Fair Employment and Housing Act (Gov. Code 12990 (a-f) et seq.).
13.7 Business Entity Status. Consultant is responsible for filing all required documents and/or forms with the California Secretary of State and meeting all requirements of the Franchise Tax Board, to the extent such requirements apply to Consultant. By entering into this Agreement, Consultant represents that it is not a suspended corporation. If Consultant is a suspended corporation at the time it enters this Agreement, City may take steps to have this Agreement declared voidable.
13.8 Business License. Before the City signs this Agreement, Consultant shall obtain a City of Tracy Business License. Consultant shall maintain an active City of Tracy Business License during the term of this Agreement.
13.9 Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns.
13.10 Construction of Agreement . Each Party hereto has had an equivalent opportunity to participate in the drafting of this Agreement and/or to consult with legal counsel. Therefore, the usual construction of an agreement against the drafting Party shall not apply hereto.
13.11 Severability. If a term of this Agreement is held invalid by a court of competent jurisdiction, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in effect.
13.12 Controlling Provisions. In the case of any conflict between the terms of this Agreement and the Exhibits hereto, and Consultant’s proposal (if any), the Agreement shall control. In City of Tracy -- Professional Services Agreement with National Demographics Corporation
the case of any conflict between the Exhibits hereto and the Consultant’s proposal (if any), the Exhibits shall control.
13.13 Entire Agreement. This Agreement and the attached Exhibits comprise the entire integrated understanding between the Parties concerning the services to be performed. This Agreement supersedes all prior negotiations, representations or agreements. All exhibits attached hereto are incorporated by reference herein.
14. Signatures. The individuals executing this Agreement on behalf of Consultant represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this Agreement on behalf of Consultant.
[SIGNATURES ON FOLLOWING PAGE]
City of Tracy -- Professional Services Agreement with National Demographics Corporation
The Parties agree to the full performance of the terms set forth here.
City of Tracy
_____________________________
By: Nancy D. Young
Title: Mayor
Date: _______________________
Attest:
____________________________
Adrianne Richardson, City Clerk
Approved as to form:
_________________________________
Bijal M. Patel, City Attorney
National Demographics Corporation
________________________________
By: Douglas Johnson
Title: President
Date: January 31, 2023
Federal Employer Tax ID No. 95-3388237
________________________________
By: Douglas Johnson
Title: Secretary / Treasurer
Date: January 31, 2023
Exhibits:
A Scope of Work, including personnel and time of performance (See Agreement sections 1 and 2.)
B Compensation (See Agreement section 3.)
City of Tracy -- Professional Services Agreement with National Demographics Corporation
EXHIBIT A - Scope of Work
Collaboration with Expert Consultants
Consultant will join planning calls with legal counsel and Tripepi, Smith and Associates as requested. At the workshops Consultant will present, answer questions, and provide any available and requested follow up information; at times, the special legal counsel will attend the meetings. Once the process shifts to formal hearings before the City Council, Consultant and the special legal counsel will be present.
Project & Outreach Planning
Consultant, in partnership with Tripepi, Smith and Associates, will conduct initial project and outreach planning sessions as well as regular project calls to execute project management of this work. Tripepi Smith will facilitate all project calls for this engagement and create a living agenda to manage the efforts and timing between Consultant, legal counsel, the City and Tripepi Smith. After the initial set-up, these meetings would be biweekly from the beginning of the outreach process to the map adoption.
Call content will focus on action steps, timeline, coordination with City staff and verifications of action steps with Consultant, Tripepi, Smith and Associates and legal counsel.
Public Hearings/Meetings
Consultant, with Tripepi, Smith and Associates, will advise the City on the creation of a districting process schedule, including a minimum of 5 hearings, though the 4th and 5th may be held at the same Council
meeting. The first two hearings will present information on the overall process and solicit input on communities of interest, the third hearing will present draft maps, and the fourth and fifth hearings will focus on the selection of a final map.
Data Analysis and Outreach
Development of demographic database including Census Bureau and California Statewide Database data of total population, citizen voting age population, voter registration, voter turnout, and socio-economic data on language spoken at home, renter’s vs homeowners, age, education level, and other factors useful in identifying communities of interest.
Incorporation of any Geographic Information System (GIS) data that the jurisdiction wishes to include and provides (often including school locations; school attendance areas; important local landmarks; or local neighborhood boundaries)
Initial telephonic discussion about data, communities of interest, schedule, criteria and special concerns of the jurisdiction
Assist jurisdiction with developing a communications plan for public outreach, including suggestions for webpage content and design, public feedback logistics, and strategies for engaging constituents
City of Tracy -- Professional Services Agreement with National Demographics Corporation
Assist jurisdiction with developing a project plan, including a detailed timeline, goals and objectives, and specific deliverables list
Provide progress reports on an as-needed basis as determined by the project manager and meet regularly with project team
Any phone- or web-conference calls to discuss the project's progress or to answer any questions that may arise.
Provide education and guidance on required districting criteria, and advice on selecting optional districting criteria, for staff and elected officials.
Setup and manage an online public mapping tool and provide paper and PDF maps for the public to use to develop and submit proposed district maps.
Draft Mapping
Consultant will proactively address any community members’ questions about the website, mapping tools, and the district formation process.
During districting plan development, Consultant will also:
Create 2 to 4 initial draft maps.
Analyze and preparation for presentation all whole or partial plans submitted by the public.
Convert all maps and reports to web-friendly versions.
Post of all maps to an interactive review website.
Create any requested additional and/or revised maps as requested.
Map Review and Direction
Consultant will review and analyze all draft maps received in the process . Consultant will participate in public hearings to present the draft maps and guide a process through which the City can select the final map.
Map Adoption
Consultant will provide spatial data in GIS-friendly format of any dataset used or created for this project to staff upon request and will work with the County Registrar of Voters to implement the final adopted plan.
City of Tracy -- Professional Services Agreement with National Demographics Corporation
EXHIBIT B - Compensation
1. Basic Project Elements, covers everything in Consultants scope described in Exhibit A, except for per-meeting expenses and the online and paper public mapping tools $ 24,500
2. Per-Meeting (Workshops and Hearings) Expense:
In-person attendance, per meeting $ 2,750
Virtual (telephonic, Zoom, etc.) attendance, per meeting: $ 1,500 For each meeting, Consultant 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 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. Project Elements:
Online and paper system including all elements below: $4,500 i. DRA (an easy-to-use online mapping tool, also known as "Dave's Redistricting App") ii. Public Participation Kit paper- and Excel-based mapping tool a. Working with independent or advisory redistricting commission: no additional charge.
Project Fee $ 24,500.00
In-Person Workshop $ 13,750.00
Hearing $ 11,000.00
Online and Paper Mapping Tools $ 4,500.00
Contingency Amount* $ 6,250.00
Total $ 60,000.00
4. Contingency Amount*: In the event additional hearings are required, a contingency amount of $6,250.00 will cover up to two last-minute additional hearings.
5. Payment Schedule:
Kickoff: 30%
Conclusion of Second Hearing: 30%
Final Map Adoption: 40%
APPROVED AS TO FORM AND LEGALITY
________________________
CIT
Y ATTORNEY’S OFFICE
TRA
CY CITY COUNCIL
RESOLUTION NO. _______________
APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH: (1) TRIPEPI SMITH AND ASSOCIATES, INC. FOR THE PERFORMANCE OF COMMUNITY
ENGAGEMENT SERVICES RELATED TO THE CREATION OF CITY COUNCIL DISTRICTS FOR A TERM OF TEN (10) MONTHS AND IN A TOTAL NOT TO EXCEED AMOUN T OF $90,000; AND 2) NATIONAL DEMOGRAPHICS
CORPORATION FOR THE PERFORMANCE OF DEMOGRAPHIC AND
MAPPING SERVICES RELATED TO THE CREATION OF CITY COUNCIL DISTRICTS, FOR A TERM OF TEN (10) MONTHS AND IN A TOTAL NOT TO EXCEED AMOUNT OF $60,000
WHEREAS, at the December 6, 2022, City Council meeting, Council Member Arriola requested
that staff bring back a resolution with the intention of forming election districts; which was sec
onded by Mayor ProTem Vargas; and
WH
EREAS, City desires to retain consultants to perform demographic and Mapping services, and outreach assistance for the creation of City Council Districts; and WHEREAS, on December 1st, 2022, the City issued a Request for Proposals (RFP) for these services, and Tripepi Smith and Associates, Inc. and National Demographics Corporation (NDC) submitted proposals to the City; and
WHEREAS, City
has determined that these consultants possess the skills, experience and certification required to provide the services; and WHEREAS, the
City desires a districting process which will be transparent, accessible, and
participatory to all residents of Tracy; and
WHEREAS, Tripepi
Smith and NDC are experienced in facilitating robust processes that include dedicated websites, interactive maps, community-generated maps, media relations, stakeholder outreach, multilingual outreach material development, public meetings/workshops, and tracking of results; now, therefore, be it
RESOLVED: That the City Council hereby approves a Professional Services Agreement with Tripepi Smith and Associates, Inc. for the performance of community engagement services related to the creation of City Council Districts for a term of ten (10) months and in a total not to exceed amount of $90,000; and be it
FURTHER RESOLVED: That the City Council hereby approves a Professional Services Agreement with National Demographics Corporation for the performance of demographic and mapping services related to the creation of City Council Districts for a term of ten (10) months and in a total not to exceed amount of $60,000; and be it FURTHER RESOLVED: This Resolution is exempt from review under the California Environmental Quality Act (California Public Resources Code SS 21000, et seg., 'CEQA') and CEQA regulations (14 California Code of Regulations $15000, et seg.; 'CEQA Guidelines") in that it is not a "project" for purposes of CEQA (as defined by CEQA Guidelines S 15378).
Specifically, this Resolution proposes an organizational or administrative activity that will not result in
a direct or indirect physical change in the environment (CEQA Guidelines 15378(b)(
5)). Further, even if this Resolution was deemed a "project," and therefore subject to CEQA, the Resolution would be exempt as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment (CEQA Guidelines 15061(
bX3)).
* * * * *
* * * * * * * * *
The foregoing Resolution 2023-_____ was adopted by the Tracy City Council on the 7th day of February 2023 by the following vote:
AYES: COUNCIL MEMBER
S:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTENTION: COUNCIL MEMBERS:
___________________________________________
NANCY D. YOUNG
Mayor of the City of Tracy, California
ATTEST:
ADRIANNE RICHARDSON
City Clerk and Clerk of the Council of
the City of Tracy, California
Resolution 2023-