16-0419_AMES & ASSOCIATES_F7_Agenda ReportTO :
City of San Juan Capistrano
Agenda Report
Honorable Mayor and Members of the City Council
4/19/2016
F7
FROM : ~rey Ballinger, City Attorney
;.1J$en Siegel, City Manager
DATE:
SUBJECT:
April19, 2016
Approve Professional Services Agreements with Q2 Data &
Research, LLC, and with Ames & Associates to Perform
Demographic and Community Outreach Services Related to the
Transition to District Elections
RECOMMENDATION :
1. Approve Agreement with Q2 Data & Research, LLC, to Perform Demographic
Services in an Amount Not-to-Exceed $50,000; and,
2. Approve Agreement with Ames & Associates to Perform Community Outreach
Services in an Amount Not-to-Exceed $20,000; and,
3. Increase the Appropriation from the General Fund Reserve to a total of $70,000
for these services; and,
4. Authorize the City Manager to Execute said Agreements.
EXECUTIVE SUMMARY:
On March 1, 2016, the City Council authorized staff to take steps necessary to transition
the election of City Council members from an at-large election process to a by-district
election process. The City Council further authorized the City Manager to select and
enter into an agreement with a demographer to assist with that transition in an amount
not-to-exceed $45,000.
The City received a proposal from Q2 Data & Research, LLC, to perform the
demographic services needed to create voting districts. The cost to perform the
services identified in this proposal exceeds the City Council's appropriation for such
services by $5,000. Therefore, staff is recommending that the City Council increase its
appropriation for demographic services by $5,000 and authorize the City Manager to
enter into a consultant's agreement with Q2 Data & Research, LLC.
City Council Agenda Report
April 19, 2016
Page 2 of 4
Staff is also recommending that the City Manager be authorized to enter into an
agreement with Ames & Associates in an amount not-to-exceed $20,000, in order to
assist staff with community outreach efforts to help ensure community participation in
the transition to district elections.
DISCUSSION/ANALYSIS:
On March 1, 2016, the City Council directed staff to commence the process to change
the City Council election system from at-large to by-district elections for the November
2016 municipal election, with the creation of either five districts or four districts with an
elective mayor. The City Council further directed that the process of creating the district
maps to present to the City Council for approval include no less than three community
forums so that the voters of the City can have meaningful input in the district mapping
process. Once a mapping process is developed, staff will bring that process back to the
City Council for approval.
The City solicited proposals and received a proposal from several firms, including Q2
Data & Research, LLC, to perform the demographic services for the transition to district
elections. Attachment 1, the consultant's agreement with Q2 Data & Research LLC,
includes that firm's proposal, the proposed budget for such work, and the Curriculum
Vitae of Karin MacDonald, the principal of this firm who will be primarily responsible for
working with the City. Q2 Data & Research is extremely well qualified to perform the
demographic services needed to transition to district elections.
Q2 Data & Research has never been retained by Shenkman & Hughes, counsel of
record for the plaintiffs in the lawsuit filed against the City alleging a violation of the
California Voting Rights Act (Elections Code§§ 14025, et seq.; hereinafter the "CVRA").
The proposal submitted by Q2 Data and Research places a high priority on
transparency and community involvement in the districting process, which is consistent
with the City Council's priorities.
Because the Q2 Data & Research proposal exceeds the City Council's previous
appropriation for demographic services, staff is recommending that the appropriation be
increased by $5,000, and the City Manager be authorized to enter into an agreement
with Q2 Data & Research in an amount not to exceed $50,000.
In order to increase community involvement in the district mapping process, staff is
recommending the use of a consulting firm specializing is community outreach. The
proposed demographer is also recommending the City use an outreach consultant, and
most other cities that have recently transitioned to district elections have followed this
model. The services of an outreach consultant are especially important given the City's
limited staffing and the urgency by which the districting process must be completed.
Staff received proposals from the following three firms to provide such services:
City Council Agenda Report
April 19 , 2016
Page 3 of 4
Southwest Strategies ($110,000)
Katz & Associates ($41 ,490)
Ames & Associates ($18, 150)
After reviewing the proposals, staff is recommending that the City Council authorize the
City Manager to enter into an agreement with Ames & Associates in an amount not-to-
exceed $20,000 . A copy of the proposed agreement with Ames & Associates is
provided as Attachment 2, and includes that firm's proposal. This firm recently assisted
the City of Anaheim in connection with its transition to district elections, and received
favorable comments from Anaheim staff regarding its performance.
Pending City Council of the recommended actions, the City Attorney and staff would
immediately begin work with the demographer and outreach consultant to schedule the
public workshops and begin the districting process.
FISCAL IMPACT:
The proposed services would cost $70,000, which is recommended to come from the
City's General Fund's Contingency Reserve. The General Fund has sufficient reserves
to fund this amount and meet the City Council contingency reserve policy of 25-50% of
operating expenses .
ENVIRONMENTAL IMPACT:
This matter is exempt from review under the general rule that CEQA applies only to
projects that have the potential for causing a significant effect on the environment. It
can be seen with certainty that there is no possibility that the selection of a
demographer may have a significant effect on the environment. Therefore, this matter is
not subject to CEQA (Section 15061 (b)(3) of the CEQA Guidelines), and staff is directed
to file a notice of exemption.
PRIOR CITY COUNCIL REVIEW:
• At its February 16, 2016, meeting, the City Council voted to pursue "by-district"
elections. At that time, the City Council also authorized the City Attorney and
City Manager to solicit proposals from demographers, in order to assist the City
in establishing such districts.
• At its March 1, 2016, meeting, the City Council authorized the City Manager and
City Attorney to select a demographer, in an amount not-to-exceed $45,000, and
appropriate the funds from the General Fund Contingency Reserve.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS :
Not applicable .
City Council Agenda Report
April19, 2016
Page 4 of 4
NOTIFICATION:
Pursuant to the Brown Act, the agenda for this public meeting has been posted at three
public locations 72 hours prior to the meeting, including the City's website.
ATTACHMENTS:
Attachment 1 -Agreement with Q2 Data & Research, LLC
Attachment 2 -Agreement with Ames & Associates
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this __ day
of April, 2016, by and between the City of San Juan Capistrano (hereinafter referred to as
the "City") and Q2 Data & Research, LLC (hereinafter referred to as the "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant to provide demographic
services in connection with City's transition from at-large city council elections to by-district
city council elections; and
WHEREAS, Consultant is qualified by virtue of experience, training, education and
expertise to accomplish such services .
NOW, THEREFORE, City and Consultant mutually agree as follows :
Section 1. Scope of Work.
The scope of work to be performed by the Consultant shall consist of those tasks as
set forth in Exhibit "A," attached hereto and incorporated herein by reference. To the
extent that there are any conflicts between the provisions described in Exhibit "A" and
those provisions contained within this Agreement, the provisions in this Agreement shall
control.
Section 2. Term .
This Agreement shall commence on the effective date and shall terminate, and all
services required hereunder shall be completed, no later than July 31, 2016, unless
extended by mutual consent of the parties.
Section 3. Compensation.
3.1 Amount.
Total compensation for the services hereunder shall be Fifty Thousand
Dollars ($50,000), as more particularly set forth in Exhibit 8 attached hereto and
incorporated herein by reference.
3.2 Method of Payment.
Subject to Section 3.1, Consultant shall submit monthly invoices based on
total services which have been satisfactorily completed for such monthly period. The City
will pay monthly progress payments based on approved invoices in accordance with this
Section.
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ATTACHMENT 1
3.3 Records of Expenses .
Consultant shall keep complete and accurate records of all costs and
expenses incidental to services covered by this Agreement. These records will be made
available at reasonable times to the City. Invoices shall be addressed as provided for in
Section 16 below.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of the City, and shall obtain no rights to any benefits which accrue to
Agency's employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for the City to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required without
written approval of the City. This Agreement may not be assigned, voluntarily or by
operation of law, without the prior written approval of the City. If Consultant is permitted to
subcontract any part of this Agreement by City, Consultant shall be responsible to the City
for the acts and omissions of its subcontractor as it is for persons directly employed.
Nothing contained in this Agreement shall create any contractual relationships between
any subcontractor and City. All persons engaged in the work will be considered employees
of Consultant. City will deal directly with and will make all payments to Consultant.
Section 6. Changes to Scope of Work.
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra work. In the event of a change in the
Scope of Work provided for in the contract documents as requested by the City, the Parties
hereto shall execute an addendum to this Agreement setting forth with particularity all
terms of the new agreement, including but not limited to any additional Consultant's fees.
Section 7. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 8 . Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
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Section 9. Conflicts of Interest.
A. Consultant covenants that it presently has no interest and shall not acquire
any interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Consultant.
B. Consultant further covenants that it has not been retained by counsel for
Plaintiffs Southwest Voter Registration Education Project, Tina Auclair and Louie Camacho
in the matter of Southwest Voter Registration Education Project, eta/. v. City of San Juan
Capistrano to provide advice and potentially expert testimony in connection on behalf of the
plaintiffs in this action.
Section 10. Copies of Work Product.
At the completion of the work, Consultant shall have delivered to City at least one
(1) copy of any final reports and/or notes or drawings containing Consultant's findings,
conclusions, and recommendations with any supporting documentation. All reports
submitted to the City shall be in reproducible format, or in the format otherwise approved
by the City in writing.
Section 11. Ownership of Documents .
All reports, information, data and exhibits prepared or assembled by Consultant in
connection with the performance of its services pursuant to this Agreement are confidential
to the extent permitted by law, and Consultant agrees that they shall not be made available
to any individual or organization without prior written consent of the City. All such reports,
information, data, and exhibits shall be the property of the City and shall be delivered to the
City upon demand without additional costs or expense to the City. The City acknowledges
such documents are instruments of Consultant's professional services.
Section 12. Indemnity.
To the fullest extent permitted by law, Consultant agrees to protect, defend, and
hold harmless the City and its elective and appointive boards, officers, agents, and
employees from any and all claims, liabilities, expenses, or damages of any nature,
including attorneys' fees, for injury or death of any person, or damages of any nature,
including interference with use of property, arising out of, or in any way connected with the
negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's
agents, officers, employees, subcontractors, or independent contractors hired by
Consultant in the performance of the Agreement. The only exception to Consultant's
responsibility to protect, defend, and hold harmless the City, is due to the sole negligence,
recklessness and/or wrongful conduct of the City, or any of its elective or appointive
boards, officers, agents, or employees.
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This hold harmless agreement shall apply to all liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by Consultant.
Section 13. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration
of the agreement, and provide proof thereof that is acceptable to the City, the insurance
specified below with insurers and under forms of insurance satisfactory in all respects to
the City. Consultant shall not allow any subcontractor to commence work on any
subcontract until all insurance required of the Consultant has also been obtained for the
subcontractor. Insurance required herein shall be provided by Insurers in good standing
with the State of California and having a minimum Best's Guide Rating of A-Class VII or
better.
13.1 Comprehensive General Liability .
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in an amount not less than one
million dollars per occurrence ($1 ,000,000.00), combined single limit coverage for risks
associated with the work contemplated by this agreement. If a Commercial General
Liability Insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
agreement or the general aggregate limit shall be at least twice the required occurrence
limit.
13.2 Workers' Compensation .
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Workers' Compensation Employer's Liability Insurance in the statutory amount as required
by state law.
13.3 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit
the insurance certificates, including the deductible or self-retention amount, and an
additional insured endorsement naming City, its officers, employees, agents, and
volunteers as additional insured as respects each of the following: Liability arising out of
activities performed by or on behalf of Consultant, including the insured's general
supervision of Consultant; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed
by Consultant. The coverage shall contain no special limitations on the scope of protection
afforded City, its officers, employees, agents, or volunteers.
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13.4 Errors and Omissions Coverage [FOR PROFESSIONS/WORK
EXCLUDED FROM GENERAL LIABILITY]
Throughout the term of this Agreement, Consultant shall maintain Errors and
Omissions Coverage (professional liability coverage) in an amount of not less than One
Million Dollars ($1 ,000,000). Prior to beginning any work under this Agreement, Consultant
shall submit an insurance certificate to the City's General Counsel for certification that the
insurance requirements of this Agreement have been satisfied.
13.5 Notice of Cancellation/Termination of Insurance .
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (1 0) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
13.6 Terms of Compensation .
Consultant shall not receive any compensation until all insurance provisions
have been satisfied.
13.7 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
City has issued a written "Notice to Proceed" verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 14. Termination.
City shall have the right to terminate this Agreement without cause by giving seven
(7) days' advance written notice of termination to Consultant.
In addition, this Agreement may be terminated by any party for cause by providing
ten (1 0) days' notice to the other party of a material breach of contract. If the other party
does not cure the breach of contract, then the agreement may be terminated subsequent
to the ten (1 0) day cure period.
Section 15. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written notice. These addresses shall
be used for delivery of service of process:
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To City:
To Consultant:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Ayako Rauterkus
Q2 Data & Research, LLC
1225 Peralta Street
Oakland, CA 94607
Attn: Karin MacDonald
Section 16. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
Section 17. Governing Law .
This Agreement shall be governed by the laws of the State of California. Venue
shall be in Orange County.
Section 18. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
Section 19. Counterparts and Facsimile signatures.
This Agreement may be executed by the Parties in counterparts, which counterparts
shall be construed together and have the same effect as if all the Parties had executed the
same instrument. Counterpart signatures may be transmitted by facsimile, email, or other
electronic means and have the same force and effect as if they were original signatures .
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement for
Demographic Services.
CITY OF SAN JUAN CAPISTRANO
By: ________________________ __
Ben Siegel, City Manager
CONSULTANT
By: ________________________ __
Karin MacDonald
ATTEST :
Maria Morris, City Clerk
APPROVED AS TO FORM :
City Attorney
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Q2 Data & Research, LLC
1225 Peralta St
Oakland, CA 94607
March 27,2016
Proposal for Demographic and Technical Consulting Services
City of San Juan Capistrano
Cristina Talley
Best, Best & Krieger
655 West Broadway
15th Floor
San Diego, CA 92101
Dear Ms Talley,
Thank you for reaching out to Q2 Data & Research, LLC to request our input in whether the City
of San Juan Capistrano will be able to undertake a transparent process to move the city to by-
district elections in time for the July 6, 2016 deadline specified by the Orange County Registrar
of Voters. We believe that the process we outline below can be completed within that timeframe
if the right actors are part ofthe districting team, and the City is willing to lend its resources to
the consultant team to fully collaborate in the process. Given that, on behalf of Q2 Data &
Research, LLC, I would like to thank you for the opportunity to submit this proposal to provide
districting consulting services to the City of San Juan Capistrano, and assist in its mission to
construct city council districts.
Attached to this letter, please find a proposal for the districting process, firm profile for Q2 Data
& Research, the project budget, and my CV. Please don't hesitate to contact me with questions
or requests for additional information.
Best regards
Karin Mac Donald
Q2 Data & Research, LLC; San Juan Capistrano Districting Proposal Page 1
Proposal for Districting Services
Introduction:
The City of San Juan Capistrano will soon embark upon a highly visible process during which
decisions will be made that shape the districts in which its residents will live, vote and be
represented, for the next five years. The decisions the City Council must make may be difficult,
and be made under the pressure of conflicting demands and time constraints. Choosing a
consulting team with a proven track record in assisting non-partisan districting bodies with any
and all tasks related to the process, including the implementation of the Federal Voting Rights
Act and encouraging meaningful participation by the public, can greatly aid in the successful
implementation ofthis demanding undertaking
Q2 only engages in projects in which our clients request maximum transparency and public
input. The approach below is based on a methodology that Q2 first developed and implemented
in the 2002 redistricting of the City of San Diego. It has since been used and perfected in all of
the re/districting projects that Q2 has conducted, including in the line drawing for the State of
California's legislative and congressional districts.
Methodology and Approach:
The most important feature of a transparent districting process is that I ine drawing is conducted
in public. This means that the public can observe every facet of the process and can follow along
with the reasoning and the decisions that are being made to create each district. Observing a line
drawing process is engaging and enlightening as inevitably difficult decisions have to be made
when conflicting criteria or testimony are present. It builds enormous trust with the public to
open this traditionally closed process and invite feedback and comments.
In districtings with longer timeframes, we usually recommend that prior to beginning the line
drawing process, outreach meetings be scheduled in which public input is solicited. In this case,
because of the short time available, we suggest that hybrid public input/line drawing meetings be
conducted in which members of the public can not only provide their opinion on the districts to
be created, but also watch as their input is being processed and drafts of these districts are drawn.
We would suggest adapting the meeting methodology we used with the Escondido and Chula
Vista districting commissions, because we found it to be more useful in gathering public input
than regular public hearings that are not interactive. This method has the districting consultant
provide a brief, approximately fifteen minute long, training that provides an overview of the laws
and criteria applicable, how to participate and how to provide public testimony. This training
Q2 Data & Research, LLC; San Juan Capistrano Districting Proposal Page 2
provides the necessary information to equalize the playing field and ensure that the public does
not feel lost in a highly technical and legally intensive process. It also serves to bring everyone
up-to-speed so that members of the public feel encouraged to provide testimony in this often
intimidating process.
After the training, the meeting breaks for about a half hour, which gives attendees the
opportunity to interact with the consultant team to clarify the information received, to study
street maps of the city that are displayed, and to talk with each other about their communities and
representational needs. It also gives attending city council members (if applicable) or their staff,
an opportunity to engage with attendees to encourage them to develop testimony. After the
break, the meeting resumes to formally collect the public input that was developed during the
break. We found that this period of working with members of the public results in a high level of
participation and attendees become more engaged. We also found that working with individual
attendees provides many with an incentive to give input when they otherwise may have passed
on the opportunity.
The hybrid aspect of this meeting would begin at that point. After the input is collected, the
districting consulting team would start to create a rough draft of the districts, live and in-public.
We would use the districting criteria for the City, and attempt to incorporate the input that was
received, so that attendees could see how their suggestions may be implemented and what the
implications may be on the layout of the districts.
The map draft from this first meeting would be saved and after the meeting checked for technical
and criteria issues. The consultant team would continue to integrate additional comments that
were received and could not be processed during the meeting. Q2 would also digitize geographic
comments that were received after the meeting, prior to the second community meeting.
The second community meeting would use the same agenda and build upon the working draft(s)
that were created at the first meeting. At the second community meeting, participants would
receive an overview of the geographic comments that were received after the first meeting, and
would be able to discuss with the consulting team which comments may be able to be integrated.
Participants would continue to develop the working draft map(s) to be presented to the City
Council.
After the two community meetings, we would suggest scheduling the first of the two formal City
Council hearings. At this hearing, the working drafts that were developed during the public
meetings would be presented to the Council by the consultant team, and the Council would
receive additional public comments and, if desired, engage in live line-drawing itself. This
would give the Council members an opportunity to fully engage with the process and attempt to
incorporate concerns and input perhaps not received previously into the working draft maps. At
Q2 Data & Research, LLC; San Juan Capistrano Districting Proposal Page 3
the end of this first City Council hearing, the goal would be to have draft district plan(s)
available for circulation and feedback by the public.
The draft plan(s) would be widely circulated and comments would be received. Feedback is
usually more concise during this phase because there is something concrete to comment on. The
geographic comments would be processed by the consulting team and assessed for feasible
incorporation into the draft map. After the draft plan(s) have been available for review, a third
public meeting would be held. Again, the agenda would be similar to the one outlined above,
while additionally incorporating an overview and more detailed description of the draft plan(s).
Members of the public would have another opportunity to provide input and work in a public
forum with the consulting team to make suggested adjustments to the draft plan(s).
The Q2 team would then collect that input and feedback to present it at the second City Council
hearing. At that hearing, the Council would have another opportunity to collect additional input
and then make adjustments as needed to the draft plan(s). At this hearing, the Council would
vote on a final district plan.
Draft Suggested Timeline:
May 3: weekday evening community meeting I
May 7: weekend day-time community meeting 2
May 17: City Council meeting I (create draft plan(s))
May 18-May 31: Draft Plan(s) Review Period
June 1: weekday evening community meeting 3
June 7: City Council meeting 2 (Final Plan adoption)
June 8-July 6: Q2 creates documentation and technical reports and finalizes Plan for
submission to Registrar of Voters
Summary and Public Access Suggestions:
We are available to work with the City of San Juan Capistrano to design a process that will work
for this jurisdiction. Whether the public input meetings are designed exactly as proposed above
Q2 Data & Research, LLC; San Juan Capistrano Districting Proposal Page 4
or modified somewhat, the educational component is necessary. We strongly encourage the City
to provide avenues outside of the meetings and hearings to collect feedback and input. The City
should have an email address to which comments can be sent as well as an address where regular
mail can be accepted. A districting website at which plans and meeting documents can be posted
is also essential to provide timely information on how to participate and to make materials
available. We recommend that all documents and handouts be translated into languages spoken
in the community, and that translators be available during public hearings. We also propose that
some 'office hours' be set aside before and/or after each meeting and/or hearing for which
members of the public can make appointments with the consulting team to access districting
software and receive assistance in constructing their own plans or exploring their testimony.
More generally, meeting locations have to be accessible for people with disabilities, and should
optimally have parking available and be close to public transit. Meeting times should be
scheduled to encourage maximum attendance. We propose evening and weekend times to ensure
that the working public is able to attend, and to provide access for those who may be working
evenings to attend a day-time event. To ensure the greatest possible participation, we suggest
that the City make it as convenient as possible for residents to attend meetings and hearings and
to provide input.
Even when there is full public access to the process, it is a reality that districting is not the easiest
topic to interest residents in. Hiring a skilled districting consulting team that has experience in
making this topic salient, and explaining its importance in residents' everyday lives is essential
to engage the public and create buy-in. Q2 highly recommends also engaging a skilled outreach
consultant who understands the topic and has proven experience with engaging diverse
populations. In a recent districting project with the City of Chula Vista, Q2 worked with
Southwest Strategies, and we believe that collaborating with that firm would greatly benefit the
City of San Juan Capistrano, in particular given the tight timeline. Southwest Strategies should
be able to "hit the ground running." Having already worked with Q2, the firm understands the
set-up requirements of an interactive, transparent process and the legal intricacies of a districting
process in general.
Based on our experience, a full collaboration between the City, the outreach consultant and Q2,
the above outlined public and transparent process will give the residents of San Juan Capistrano
an opportunity to fully participate, and ultimately result in better district lines that have
community support.
Thank you for your consideration of this proposal.
Q2 Data & Research, LLC; San Juan Capistrano Districting Proposal Page 5
Budget
Below, please find a budget to provide the consulting services discussed in this proposal. We are
available to provide additional detail and answer any questions about this budget upon request.
• Technical assistance/Line Drawing/Data/Outreach Documents $30,000
This item includes development of the districting dataset using census, American
Community Survey and other applicable data; setting up Geographic files for line-
drawing and data analysis; working closely with designated staff and outreach
consultants outside of public meetings and hearings on any project related issues
including setting up of hearings and public outreach. Assistance with drafting of
educational and training materials including PowerPoint presentations that can also be
used by members of the council or the public for their own outreach meetings if desired;
Creation of initial reports and documents for the website. We will also develop handouts
that explain how maps of communities of interest or other relevant areas can be drawn
using free online software and be submitted for consideration. Processing of draft map(s)
for posting on the City's website; developing print files for large-size maps and working
with the City's technical staff are also included in this item.
• Attendance at 5 public hearings or meetings $15,000
We are estimating up to 3 meetings and 2 public hearings that will be attended by two Q2
consultants (Senior consultant and GIS specialist). We are available to attend additional
meetings as requested and will invoice these at the same rates used for this proposal. For
each public hearing or meeting, we will be available for two "office hours" prior to or
after the hearing to work with members of the public individually and make available the
districting software on a laptop for development of submissions.
• Analysis of final plan; Submission of files $5,000
This item includes analyses of the final plan and running various reports to ensure its
adherence to the criteria and laws , and submission of boundaries and all required
documents to the Registrar of Voters.
Total Budget for districting consulting services $50,000
Q2 Data & Research LLC; Budget San Juan Capistrano Page 1
Curriculum Vitae
Karin Mac Donald
Q2 Data & Research, LLC
1225 Peralta Street
Oakland, CA 94607
510.839.2546
UC Office
University of California,
2850 Telegraph Ave, Suite 500
Berkeley, CA 94705-7220
Education
University of California, Berkeley, Department of Political Science, Ph.D (on leave)
University of California, Berkeley, M.A. Political Science, 1998
(Thesis: A Case for Public Participation; Oakland: Communities define their Interests)
University of California, Berkeley, B.A. Summa Cum Laude, 1995
2015
2012
2010-
2007
2006-
2005-
Professional Experience
Team Leader of International Election Observer Group from 4 countries to
Nagorno Karabakh to observe the Parliamentary Elections
International Observer/Election Administration Expert in Presidential Election of
Nagorno Karabakh with the University of California Election Observation and
Technical Assistance Group
Director, Redistricting Group at Berkeley Law; design and implementation of
outreach strategies to the public and redistricting assistance sites in 6 California
jurisdictions; development of redistricting trainings and materials; design and
teaching of workshops on data, criteria and voting rights for experts, journalists,
advocates and the general public
International Observer/Election Administration Expert in State Election of Baja,
Mexico
Manager/Senior Researcher and Principal Consultant, Q2 Data & Research LLC;
specializing in Redistricting, Voting Rights, Election Administration,
Implementation and Public Administration/Public Policy, California Politics,
Election and Census Data Research; Principal technical consultant to the
California Citizens Redistricting Commission (2011); Redistricting
Expert/Litigation Support to Gibson, Dunn & Crutcher, LLP (20 11/20 12);
Districting Consultant to the City of Chula Vista (20 15); Districting Consultant
to City of Escondido (20 13); Redistricting Consultant to County of Stanislaus
(2011); County of San Francisco (2011/2012); Various Voting Rights Act
research contracts for MALDEF, LCCR, etc; U.S. EAC Contract to Research
UOCA VA voters in 4 states; Contract with California Association of Clerks and
Election Officials to study Election Costs (2014)
Director-Election Administration Research Center, University of California,
Berkeley; Research Director-Evaluation of Poll Worker Training in California-
Grant awarded 1/2005; Contracts with California Secretary of State's office to
study poll workers throughout the State of California (2006 and 2007); Online
Voter Registration Study in Washington and Arizona funded by Pew Center on
the States (2008-2010); Study of all mail-ballot elections in Yolo County (2013);
CV-Karin Mac Donald; 02/16
Statewide study of Access to electoral system by residents of Long Term Care
facilities in California (2013)
2000-2005 Owner-Karin Mac Donald-Data Consulting; various contracts in the areas of
Redistricting (San Diego, San Francisco, Special districts), Public Opinion
Research, Public Administration, Public Policy, Implementation, Election
Administration, Election and Census data analysis, etc
1994 -Director-Statewide Database (Redistricting Database for California), University
of California, Berkeley (funded annually through the California State Budget);
Various research grants from Pew Charitable Trusts, The James Irvine
Foundation, The JEHT foundation, etc. to study implementation of redistricting
criteria and processes, and build longitudinal datasets that allow for pre/post
redistricting analysis on the same unit of analysis. Construction of geographic
datasets. California State Liaison to the Bureau of the Census Redistricting Data
Program for Phase II (delineation of block boundaries and voting district lines) in
1998 and 2008 respectively. Liaison for the State of California to the Census
Redistricting and Voting Rights Data office, 2012 -2020. State lead for the
implementation of Phase I of the census geography collection 20 16.
1995 Research Associate, UCDA T A, Survey Research Center, UC Berkeley -
California Work Pays Demonstration Project
1994 Research Assistant, UCDA T A, Survey Research Center, UC Berkeley,
Assistance Payments Demonstration Project
Awards
Co-recipient of the Raymond Vernon Prize, acknowledging outstanding contributions to
the study and practice of policy analysis and public management, awarded annually by
the American Association for Public Administration and Management, with Bonnie E.
Glaser and Marcia Meyers, 1998
2014-
Recent Elections, Redistricting and Voting Rights Related Projects
Qualitative and quantitative multi-year study of various elections topics with the
California Association of Clerks and Election Officials
2013 Qualitative and quantitative studies of Mail Ballot Elections in Yolo County, CA
(under CA Elections Code 4001 et al)
2013
02/2013
05/2012
03/2011
02/2011
02/2011
01/2011
Design and implementation of statewide analysis of precincts with Limited
English Proficiency voters (CA Elections Code I 4201; for CA Secretary of State;
similar analyses conducted in previous years)
Guest Lecturer, Hastings College of the Law (Redistricting, Voting Rights Act
and conducting Racially Polarized Voting Analyses)
Speaker, California Studies Conference, Oakland, CA (Redistricting California:
From the inside looking out)
Designed and taught training on census data and redistricting for California
Elections officials (CACEO)
Speaker, Redistricting California Collaborative; San Francisco, CA (public
participation in redistricting)
Speaker at Redistricting Seminar for National Conference of State Legislatures,
Washington DC (public participation, data and public input databases)
Speaker/Trainer; Redistricting California Conference; Los Angeles, CA
(redistricting data and how to participate)
CV -Karin Mac Donald; 02/16 2
2010-2012
2010-2011
2010-2011
2010
06/2010
04/2010
11/2009
06/2009
08/2009
2015
2014-
2014
2013
2012
2011 -2012
2011
2011 -2012
Lecturer, Speaker, Participant at multiple national voting rights act and
redistricting seminars and convenings, including for the National Association of
Latino Elected and Appointed Officials, the Chief Justice Earl Warren Institute
on Race, Ethnicity and Diversity, and the Mexican American Legal Defense and
Educational Fund
Conceived, designed, wrote grant, received funding (The James Irvine
Foundation) and implemented statewide redistricting assistance sites that allow
the public access to software, technical assistance and infrastructure to participate
meaningfully in the California statewide redistricting process
Taught dozens of seminars throughout California on Redistricting (Data, Criteria,
VRA) and how to participate; and on the implementation of Prop II
Designed and taught multiple trainings for California Bureau of State Audits, on
general redistricting data, and criteria; skills Applicant Review Panel members
need to look for to select Commissioner Panel for CRC; California geographic,
racial and ethnic diversity
Faculty: Community Census and Redistricting Institute; Expert Preparation
Program; Southern Coalition for Social Justice; Duke University
Guest lecturer, University of California, School of Law; (Data use in
Redistricting Litigation)
Guest lecturer, Seminaire Frontieres des villes, Paris 8 University, France
(Implementation of California Proposition 11)
Faculty at Redistricting Seminar for National Conference of State Legislatures
San Francisco (implementation of redistricting)
Guest lecturer; University of California, Berkeley, School of Law; Voting Rights
Seminar (Implementation of Voting Rights Act Section 2)
Selected Consulting Projects
City of Chula Vista; Consultant to the Districting Commission; Creation
of first City Council districts
California Association of Clerks and Election Officials (CACEO);
Consultant to collect and study Election Costs over I 0 years for 58
counties
The Women's Foundation of California; project to analyze and map
poverty data for Single-woman headed households for legislative districts
City of Escondido; Consultant to the Independent Districting Commission;
Creation of first City Council districts
City and County of San Francisco; Consultant to the Election Task Force for
Redistricting to redraw the Supervisorial Districts
Gibson, Dunn & Crutcher, LLP; Litigation Support Consultant to defend
California Senate and Congressional Districts
County of Stanislaus; Consultant to the Redistricting Task Force; designed
outreach strategy, educational materials for public participation and Community
of Interest input approach. Conducted Community and Task Force Trainings.
California Citizen Redistricting Commission (CRC) -Principal Consultant;
construction of Assembly, Senate and Congressional Districts for the State of
California; Responsible for all technical aspects of state redistricting; also
designed statewide outreach and public participation strategy for the CRC;
developed outreach materials; designed public input database.
CV-Karin Mac Donald; 02/16 3
2010
2009-2011
2008-2012
2006-2008
2004-2008
2002
2001
2001
2001
2000
1999/2000
1999
1999
1998/99
1998
1998
1997
1996
1996
2013-
2008-
California Bureau of State Audits; Designed and taught training for the initial 8
Commissioners;
California Bureau of State Audits; Consultant; trained Auditor Staff charged with
developing regulations and implementing new redistricting initiative, assisted
with outreach including co-hosting blogger web meeting with State Auditor
Various California and Federal Voting Rights Act-racially polarized voting
analyses for Lawyers' Committee of Civil Rights under Law, Mexican American
Legal Defense and Educational Fund, Hanson Bridgett, LLP
United States Election Assistance Commission, Consultant in study of the
implementation of the electronic transmission of voting materials, and voters
covered by the Uniformed and Overseas Citizens Absentee Voting Act; including
qualitative study of administrative procedures in 4 states; quantitative analysis of
voter experiences, sample and large N survey design.
Consultant to The Election Center; Development and teaching of redistricting
and voting rights course for Professional Certification Curriculum of California's
Clerks and Registrars of Voters.
City and County of San Francisco, Consultant to the Election Task Force for
Redistricting to redraw the Supervisorial Districts
Alameda-Contra Costa Transit District; Sub-Contractor/Redistricting Consultant
to the Board of Directors to redraw the Ward Boundaries
Peralta Community College District; Sub-Contractor/Redistricting Consultant to
the District to redraw Community College Board of Trustee Areas
City of San Diego; Consultant to the Redistricting Commission to redraw City
Council Boundaries
City of Modesto; Consultant to the Mayor's Ad-Hoc Committee on Term Limits
and District Elections; Re-Design of a district-based Election System for the City
of Modesto
City of Oakland, Analysis of 1990 Census Undercount by Census Block; Census
Steering Committee
Los Angeles Times; Creation of merged marketing and electoral database
The San Francisco Examiner; Local Election Analysis
City of Los Angeles, Establishment of a Department of Neighborhoods;
Definition and Boundary Methodology of Neighborhoods for Formation of
Councils
Asian Pacific American Legal Foundation, Los Angeles; Survey and Exit Poll
Design
The Sacramento Bee; California Statewide Demographic Trend and Election
Analysis
National Coalition for Immigrant Rights; Naturalization and Registration
Database Design and Implementation
The Feminist Majority; Voter Registration and Demographic Analysis
State of California, Office of the Legislative Analyst, Implementation of Public
Policy through Department of Social Services
Selected Professional Activities/Memberships
Task Force on Redistricting and Elections; National Conference of State
Legislatures
California State Liaison to the Bureau of the Census for Phase II of the
Redistricting Data Program
CV -Karin Mac Donald; 02/16 4
2008-
2007-
1998-
2005/2006
2006
2005
2000/2001
2000
2000
2000
1999/2000
1998
1998-
1996-
1998-2000
California Secretary of State (Bowen), Help America Vote Act Implementation
Advisory Committee
California Secretary of State (Bowen), VoteCal Advisory Committee
National Conference of State Legislatures (NCSL), Redistricting Taskforce
California Secretary of State (McPherson), Statewide Voter Registration
Database Advisory Committee
Expert Witness-California State Senate; Committee on Elections,
Reapportionment and Constitutional Amendments
Expert Witness-California State Assembly; Committee on Elections,
Redistricting and Constitutional Amendments
Information Facilitator Working Group, Global Disaster Information Network
Global Disaster Information Network, GDIN, U.S. Delegation to Turkey
Latino Steering Committee, Census 2000, City of Oakland
African American Steering Committee, Census 2000, City of Oakland
Census Complete Count Committees, Alameda County and Oakland
California State Implementation Coordinator for Census 2000 Phase II
Bay Area Automated Mapping Association
American Political Science Association
American Association of Public Administration and Management
Academic Publications
"Community of Interest Methodology and Public Testimony," (with Bruce Cain)
UC Irvine Law Review, Volume 3, August 2013.
"Adventures in Redistricting-A Look at the California Redistricting Commission,"
Election Law Journal-Special Redistricting Volume, January 2013.
'Implementation of Proposition 11, Part One: Setting the Rules, Soliciting Applications, and
Forming a Commission,' (with Bruce E. Cain and Bonnie E. Glaser), forthcoming in
California Journal of Politics and Policy, 2013.
"Election Results," Data for Democracy-Improving Elections through Metrics and
Measurement, The Pew Center on The States, Make Voting Work, December 2008
"Administering the Overseas Vote," (with Bruce E. Cain and Michael Murakami), Public
Administration Review, Volume 68, Issue 5, September/October 2008
"Sorting or Self-Sorting: Competition and Redistricting in California?" (with Bruce E. Cain and
Iris Hui), The New Political Geography of California, Frederick Douzet, Thad Kousser and
Kenneth Miller, eds., Berkeley: Public Policy Press, 2008.
"Voting from Abroad: A Survey of UOCA VA Voters," (with Bruce E. Cain and Bonnie E.
Glaser), United States Election Assistance commission, http://www.eac.gov, March 2008
"UOCA VA Voters and the Electronic Transmission of Voting Materials in Four States" (with
Bonnie E. Glaser), United States Election Assistance Commission, htt p://www.eac.gov,
October 2007
CV -Karin Mac Donald; 02/16 5
"The Implications ofNesting in California Redistricting" (with Bruce E. Cain), University of
California, Berkeley, Institute of Governmental Studies, August 2007
"Explaining Voting System Performance: Do Technology, Training, and Poll Worker
Characteristics Matter?" (with Bonnie E. Glaser, Iris Hui, and Bruce Cain), prepared for
presentation at the 2007 Annual Meeting of the American Political Science Association,
August 2007
"The Attraction of Working from 6 am to 9:30pm for a Fraction of Minimum Wage: Poll
Workers and Their Motivation to Serve," (with Bonnie E. Glaser), prepared for
presentation at the 2007 Annual Meeting of the Midwest Political Science Association,
Apri\2007
"From Locomotive to Bullet Train: Street-Level Implementation of E-Voting," (with Bonnie E.
Glaser) prepared for presentation at the 2007 Annual Meeting of the Midwest Political
Science Association, April 2007
"Voting Rights Act Reinforcement: Navigating Between High and Low Expectations," (with Bruce
E. Cain), in The Future of the Voting Rights Act, David Epstein et al, editors, New York:
Russell Sage, 2006.
"Transparency and Redistricting," (with Bruce E. Cain), University of California, Berkeley,
Institute of Governmental Studies, http://igs.berkeley .edu/redistricting re search;
November 2006
"Competition and Redistricting in California: Lessons for Reform," (with Bruce E. Cain and Iris
Hui), University of California, Berkeley, Institute of Governmental Studies,
http://igs.berkeley.edu/redistricting_research; February 2006
"From Equality to Fairness: The Path of Political Reform since Baker v Carr" (with Bruce E. Cain
and Michael P. McDonald), in Party Lines: Competition, Partisanship and Congressional
Redistricting, Bruce E. Cain, Thomas Mann, eds., Washington, DC, Brookings Institution,
2005.
"Pushbutton Gerrymanders? Have Computers changed Redistricting?" (with Micah Altman and
Michael P. McDonald), in Party Lines: Competition, Partisanship and Congressional
Redistricting, Bruce E . Cain, Thomas Mann, eds., Washington, DC, Brookings Institution,
2005.
"From Crayons to Computers: The Evolution of Computer Use in Redistricting" (with
Micah Altman and Michael P. McDonald) Social Science Computer Review 23(3), 2005
"California: Low-Tech Solutions Meet High-Tech Possibilities," (with Bruce E. Cain) in Election
Reform, Daniel J. Palazzolo and James W. Ceaser, eds., Lanham:
Lexington Books, 2005
"Rethinking Communities of Interest" in Public Affairs Report, University of California,
Berkeley, Vol. 42, No. 3, Fall 200 I
"Census 2000-this is your future" (with Bruce E. Cain) in California County, Journal of the
California State Association of Counties, May/June 2000, Vol. 16, No.3.
CV-Karin Mac Donald; 02/16 6
"Nativism, Partisanship and Immigration; An Analysis of Prop. 187" (with Bruce Cain), in Racial
and Ethnic Politics in California, Vol. II, Michael Preston, Bruce Cain, and Sandra Bass,
Eds. Berkeley: IGS Press, 1998.
"Race and Party Politics in the 1996 US Presidential Election" (with Bruce Cain), in
Racial and Ethnic Politics in California, Vol. II, Michael Preston, Bruce Cain,
and Sandra Bass, Eds. Berkeley: IGS Press, 1998.
"On the Front Lines of Service Delivery: Are Workers Implementing Policy Reforms?" (With
Marcia Meyers and Bonnie Glaser), Journal of Policy Analysis and Management,
Vol. 17, No. I, Winter 1998.
"La question raciale et Ia politique des partis aux elections presidentielles de 1996" (with
Bruce E. Cain), in Herodote (Journal ofGeo-Politics), Paris, France: La Decouverte,
Spring 1997.
"Institutional Paradoxes: Why Welfare Workers Can't Reform Welfare" (with Marcia K.
Meyers, Bonnie Glaser, and Nara Dillon), February 1996-Working Paper #7, UCDATA,
Survey Research Center, University of California, Berkeley.
"Beyond Quantitative Research: Exploring the Reality of Welfare Policy," (with Bonnie
E.Giaser) prepared for presentation at the Annual Meeting of the National Association of
Welfare Research and Statistics, July 1996.
"Discretion, Devolution and Equity: Public Bureaucracies and Community Based Organizations
in the Implementation of Welfare Reform," (with Bonnie E. Glaser and Marcia
Meyers) prepared for presentation at the 1996 Annual Meeting of the American Political
Science Association, 1996.
Professional Publications
"Providing Election Services to People in Residential Care Facilities in California; Case Studies
and a Pilot Project," (with Arshia Singh) The Information Technology and Innovation
Foundation; Accessible Voting Technology Initiative; Working Paper; December 2013
"Study ofthe March 5, 2013, All Mail Elections in Yolo County," (with Ken McCue) Report
for Yolo County and the California Legislature; December 2013
"Implementation of Proposition II, Soliciting Applicants: The trials and tribulations of a unique
outreach campaign," (with Bonnie E. Glaser) in draft September 20 I 0.
"Implementation of Proposition II, Step One: Sorting out the rules, regulations, and logistics of
forming a commission," (with Bonnie E. Glaser), February 20 I 0.
"Part II: Online Voter Registration Implementation Study," in Online Voter Registration (OLVR)
Systems in Arizona And Washington: Evaluating Usage, Public Confidence And
Implementation Processes, (with Bonnie E. Glaser) Pew Center on the States, April I,
2010
CV -Karin Mac Donald; 02/16 7
"Survey of Poll Workers in California-General Election November 7, 2006 Report for *Contra
Costa County," (with Bonnie E. Glaser), May I, 2007 [*equivalent report prepared for
eight California Counties]
"Voices from the Polling Place," recommendations prepared for the California Secretary of
State's Office, (with Bonnie E. Glaser), April I, 2007
"The Why, How, What and When of Precinct Boards: Reactions from the Front Lines; A Survey
of California Poll Workers in the Primary Election of2006; Report for *Alameda
County," (with Bonnie E. Glaser), September I, 2006 [*equivalent report prepared for
twenty-four California Counties]
"The Why, How, What and When of Precinct Boards: Reactions from the Front Lines; A Survey
of California Poll Workers in the Primary Election of 2006," prepared for the Annual
Conference of California Association of Clerks and Election Officials (CACEO), (with
Bonnie E. Glaser), July 25, 2006
"Report to the Ad Hoc Committee on District Elections and Term Limits," City of Modesto,
Evaluation of Voter Participation and Overview of Possible Changes to the Election
System to Increase Participation, (with Bruce E. Cain), 2000
"California Work Pays Demonstration Project, A Process Evaluation Phase IV: 1996" (with
Barbara West Snow, Bonnie Glaser, and Christopher Jewell), UCDA T A, Survey
Research Center, 1997
"California Work Pays Demonstration Project, A Process Evaluation Phase 111: 1995" (with
Barbara West Snow, Bonnie Glaser, and Christopher Jewell), UCDA TA, Survey
Research Center, 1997.
"California Work Pays Demonstration Project Process Evaluation: Communication of Work
Incentives," (with Bonnie E. Glaser) UC DATA Report, 1994.
Selected Academic Papers/Invited Talks
"A New Era or 1981 Revisited? California's Redistricting in 2001" presented at Lanier
Public Policy Conference, University of Texas, Houston; December 2000
"Preparing for Redistricting in 2001 -Communities define their Interests" presented at American
Political Science Association, Annual Meeting, Boston, 1998
"Wedge Issues and Polarization" 1997, presented at the Latino Civil Rights Crisis Research
Conference of the Civil Rights Project, Harvard University; Brookings Institution,
Washington D.C. 1997
"Race, Ethnicity, And Affirmative Action: The Impact Of Proposition 209 On Presidential
Voting" (with Bruce E. Cain and Kenneth McCue), [S.l.: s.n., 1997].
CV -Karin Mac Donald; 02/16 8
"Discretion, Devolution and Equity: Public Bureaucracies and Community Based Organizations
in the Implementation of Welfare Reform" (with Marcia Meyers and Bonnie Glaser)
1996; presented at American Political Science Association Annual Meeting, San
Francisco, August 1996
"Immigration, Social Cost and Fairness: The Determinants of California's Prop. 187" (with Bruce
Cain and Ken McCue) 1996, presented at American Political Science Association Annual
Meeting, San Francisco, 1996
"Bridging the Borders of Research; Qualitative Methodology in a Quantitative Environment"
(with Bonnie Glaser) 1996; presented at National Association of Welfare Research and
Statistics, Annual Conference, San Francisco, June 1996
"The Effect of Immigration on the Vote for Proposition 187" (with Bruce Cain) Quantitative
Statistical Seminar Series, UC Berkeley, 1995
"Why Welfare Workers Can't Reform Welfare" (with Marcia K. Meyers, Bonnie Glaser, and
Nara Dillon) 1995; presented at American Political Science Association Annual Meeting
1995
CV -Karin Mac Donald; 02/16 9
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made, entered into, and shall become effective this __ day
of April, 2016, by and between the City of San Juan Capistrano (hereinafter referred to as
the "City") and Ames & Associates (hereinafter referred to as the "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant to provide community
engagement services in connection with City's transition from at-large city council elections
to by-district city council elections; and
WHEREAS, Consultant is qualified by virtue of experience, training, education and
expertise to accomplish such services.
NOW, THEREFORE, City and Consultant mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by the Consultant shall consist of those tasks as
set forth in Exhibit "A," attached hereto and incorporated herein by reference. To the
extent that there are any conflicts between the provisions described in Exhibit "A" and
those provisions contained within this Agreement, the provisions in this Agreement shall
control.
Section 2. Term .
This Agreement shall commence on the effective date and shall terminate, and all
services required hereunder shall be completed, no later than July 31, 2016, unless
extended by mutual consent of the parties.
Section 3. Compensation.
3.1 Amount.
Compensation for the services hereunder shall be Eighteen Thousand One
Hundred Fifty Dollars ($18, 150), as more particularly set forth in Exhibit A. In no event
shall the compensation for services rendered pursuant to this Agreement, including
reimbursable expenses, exceed Twenty Thousand Dollars ($20,000).
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61147.03006124714570.1
ATTACHMENT 2
3.2 Method of Payment.
Subject to Section 3.1, Consultant shall submit monthly invoices based on
total services which have been satisfactorily completed for such monthly period. The City
will pay monthly progress payments based on approved invoices in accordance with this
Section .
3.3 Records of Expenses .
Consultant shall keep complete and accurate records of all costs and
expenses incidental to services covered by this Agreement. These records will be made
available at reasonable times to the City. Invoices shall be addressed as provided for in
Section 16 below.
Section 4. Independen t Contractor.
It is agreed that Consultant shall act and be an independent contractor and not an
agent or employee of the City, and shall obtain no rights to any benefits which accrue to
Agency's employees .
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for the City to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required without
written approval of the City. This Agreement may not be assigned, voluntarily or by
operation of law, without the prior written approval of the City . If Consultant is permitted to
subcontract any part of this Agreement by City, Consultant shall be responsible to the City
for the acts and omissions of its subcontractor as it is for persons directly employed.
Nothing contained in this Agreement shall create any contractual relationships between
any subcontractor and City. All persons engaged in the work will be considered employees
of Consultant. City will deal directly with and will make all payments to Consultant.
Section 6. Changes to Scope of Work .
For extra work not part of this Agreement, a written authorization from City is
required prior to Consultant undertaking any extra work. In the event of a change in the
Scope of Work provided for in the contract documents as requested by the City, the Parties
hereto shall execute an addendum to this Agreement setting forth with particularity all
terms of the new agreement, including but not limited to any additional Consultant's fees.
Section 7. Time of Essence.
Time is of the essence in the performance of this Agreement.
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61147.03006\24714570.1
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Section 8. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and regulations
of federal, state and local government.
Section 9. Conflicts of Interest.
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Consultant.
Section 10. Copies of Work Product.
At the completion of the work, Consultant shall have delivered to City at least one
(1) copy of any final reports and/or notes or drawings containing Consultant's findings,
conclusions, and recommendations with any supporting documentation. All reports
submitted to the City shall be in reproducible format, or in the format otherwise approved
by the City in writing.
Section 11. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant in
connection with the performance of its services pursuant to this Agreement are confidential
to the extent permitted by law, and Consultant agrees that they shall not be made available
to any individual or organization without prior written consent of the City. All such reports,
information, data, and exhibits shall be the property of the City and shall be delivered to the
City upon demand without additional costs or expense to the City. The City acknowledges
such documents are instruments of Consultant's professional services.
Section 12. Indemnity.
To the fullest extent permitted by law, Consultant agrees to protect, defend, and
hold harmless the City and its elective and appointive boards, officers, agents, and
employees from any and all claims, liabilities, expenses, or damages of any nature,
including attorneys' fees, for injury or death of any person, or damages of any nature,
including interference with use of property, arising out of, or in any way connected with the
negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's
agents, officers, employees, subcontractors, or independent contractors hired by
Consultant in the performance of the Agreement. The only exception to Consultant's
responsibility to protect, defend, and hold harmless the City, is due to the sole negligence,
recklessness and/or wrongful conduct of the City, or any of its elective or appointive
boards, officers, agents, or employees.
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61147.03006\24714570 .1
This hold harmless agreement shall apply to all liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by Consultant.
Section 13. Insurance.
On or before beginning any of the services or work called for by any term of this
Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration
of the agreement, and provide proof thereof that is acceptable to the City, the insurance
specified below with insurers and under forms of insurance satisfactory in all respects to
the City. Consultant shall not allow any subcontractor to commence work on any
subcontract until all insurance required of the Consultant has also been obtained for the
subcontractor. Insurance required herein shall be provided by Insurers in good standing
with the State of California and having a minimum Best's Guide Rating of A-Class VII or
better.
13.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full force
and effect Comprehensive General Liability coverage in an amount not less than one
million dollars per occurrence ($1 ,000,000.00), combined single limit coverage for risks
associated with the work contemplated by this agreement. If a Commercial General
Liability Insurance form or other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the work to be performed under this
agreement or the general aggregate limit shall be at least twice the required occurrence
limit.
13.2 Workers' Compensation .
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Workers' Compensation Employer's Liability Insurance in the statutory amount as required
by state law.
13.3 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit
the insurance certificates, including the deductible or self-retention amount, and an
additional insured endorsement naming City, its officers, employees, agents, and
volunteers as additional insured as respects each of the following: Liability arising out of
activities performed by or on behalf of Consultant, including the insured's general
supervision of Consultant; products and completed operations of Consultant; premises
owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed
by Consultant. The coverage shall contain no special limitations on the scope of protection
afforded City, its officers, employees, agents, or volunteers.
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61147.03006\24714570.1
13.4 Errors and Omissions Coverage [FOR PROFESSIONS/WORK
EXCLUDED FROM GENERAL LIABILITY]
Throughout the term of this Agreement, Consultant shall maintain Errors and
Omissions Coverage (professional liability coverage) in an amount of not less than One
Million Dollars ($1 ,000,000). Prior to beginning any work under this Agreement, Consultant
shall submit an insurance certificate to the City's General Counsel for certification that the
insurance requirements of this Agreement have been satisfied .
13.5 Notice of Cancellation/Termination of Insurance .
The above policy/policies shall not terminate, nor shall they be cancelled, nor
the coverages reduced, until after thirty (30) days' written notice is given to City, except that
ten (1 0) days' notice shall be given if there is a cancellation due to failure to pay a
premium.
13.6 Terms of Compensation .
Consultant shall not receive any compensation until all insurance provisions
have been satisfied .
13.7 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
City has issued a written "Notice to Proceed" verifying that Consultant has complied with all
insurance requirements of this Agreement.
Section 14. Termination.
City shall have the right to terminate this Agreement without cause by giving seven
(7) days' advance written notice of termination to Consultant.
In addition, this Agreement may be terminated by any party for cause by providing
ten (1 0) days' notice to the other party of a material breach of contract. If the other party
does not cure the breach of contract, then the agreement may be terminated subsequent
to the ten (1 0) day cure period.
Section 15. Notice.
All notices shall be personally delivered or mailed to the below listed addresses, or
to such other addresses as may be designated by written notice. These addresses shall
be used for delivery of service of process:
II
II
II
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6 1147 .03006\24714570.1
5
To City:
To Consultant:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Ayako Rauterkus
Ames & Associates
17842 Arbor
Irvine, CA 92612
Attn: Joseph D. Ames
Section 16. Attorneys' Fees .
If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
Section 17. Governing Law.
This Agreement shall be governed by the laws of the State of California. Venue
shall be in Orange County.
Section 18. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
Section 19. Counterparts and Facsimile signatures.
This Agreement may be executed by the Parties in counterparts, which counterparts
shall be construed together and have the same effect as if all the Parties had executed the
same instrument. Counterpart signatures may be transmitted by facsimile, email, or other
electronic means and have the same force and effect as if they were original signatures.
[SIGNATURE PAGE FOLLOWS]
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61147.03006\24714570. I
IN WITNESS WHEREOF, the parties hereto have executed this Agreement for
Demographic Services.
CITY OF SAN JUAN CAPISTRANO
By : ________ ~----------------
Ben Siegel, City Manager
CONSULTANT
By: ________________________ __
Joseph D. Ames
ATTEST:
Maria Morris, City Clerk
APPROVED AS TO FORM:
City Attorney
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61147.03006\24714570.1
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Community Outreach Proposal
for City of San Juan Capistrano's Districting Process
April 7, 2016
Ames & Associates is pleased to present our proposal to inform and involve community
members in the City of San Juan Capistrano's district boundary-drawing process.
BENEFITS OF COMMUNITY OUTREACH
Involving disparate groups in a community conversation requires they must first be Aware of the
issue (inform) and Understand the impact of the final decision (educate) before they can be
moved to take part in the process Buy-in (engagement).
In early 2016, Ames & Associates successfully completed a project to provide community
outreach to the residents of Anaheim. During the outreach campaign for Anaheim's districting
process, meeting attendance increased from 25 to 150 participants.
If residents are not informed by the City, gossip will take over, spreading inaccurate stories that
make it very difficult to approach the issue in a calm, logical manner. Our community outreach
program believes in the value of "good gossip" that spreads in a grassroots manner and delivers
useful information.
3. Acceptance & Buy-in
1. Awareness
2. Understanding
Change Communication Continuum
Consistent, customized well-planned messaging to targeted stakeholders .
The key to getting community members to attend meetings is to answer this question: "What
does this mean to me?" Three clear and impartial reasons, clearly communicated, will help
residents see the value of making their voices heard. (Fewer reasons than three are not
impactful. More than three reasons will not be internalized and remembered.)
PROPOSAL
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Ames & Associates will use a variety of vehicles, in the language that is most impactful for the
target audience. Considering San Juan Capistrano's demographics , we recommend printed
information be translated into Spanish . NOTE: Translation fees are not included in the fee
schedule below. We will provide and pass through translation costs if requested.
ACTIONS FEES
Planning meetings $200 per 1-
hour meeting
(estimate 4
hours)
Timeline: Develop a schedule that includes delivery, approval and $250
implementation
Theme: Develop a unifying theme for communications $250
E-postcard Banner: Develop a graphic (English & Spanish) that uses the $400
theme and can be printed, posted or emailed to target audiences
Key Messages: In order to tie communications together and ensure the $1000
City's desired messages are used, we will develop very brief Key Messages
about the districting and why community voices need to be heard.
Elevator Speech: We will develop a 15-30 second elevator speech, briefly $250
explaining the process, so all participants will speak with the same voice and
avoid unintentionally confusing those who are learning about the
background and next steps.
Fast Facts I One-page flyer: Flyer (English on one side & Spanish on the $2,750
other) that can be printed and posted online : Messaging -How we got here;
What happens now; What this means to you ; How you can participate; etc.
Frequently Asked Questions (FAQ): Document (English on one side & $500
Spanish on the other) that can be printed & posted online
Press releases (informational): Develop press release prior to each $400 per
meeting and after the final meeting; Post online; Pitch to targeted release
publications
(estimate 8
releases)
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ACTIONS
Copy fore-postcards (7 cards-1 per meeting plus final wrap-up): This
is typically the most valuable communication, since it can be distributed to
organizations and redistributed among community leaders and residents . It
shows up on computers and phones, providing a grass-roots communication
and finds people where they are. Messages (English & Spanish) change per
meeting, but emphasize the importance of each individual's involvement, as
well as meeting locations I dates I times
e-NEWS ITEMS: Brief items (200 -250 words) to remind the community of
the meeting and create a record of outreach
Advertising: While ads are the least impactful , this form of outreach rounds
out the many ways people receive information. Ads are both printed and
online and would emphasize the time and location of the meetings. Ames &
Associates would interface with the publication and pass the
publication's advertising cost through to the City.
Attend community meetings or view online: Ames & Associates believes
it is vital to experience the community meetings and talk with participants
personally -so we can tailor communications to fit the conversation . We
would attend at least half of the meetings in person and view the rest online .
Produce Final Outreach Report & Provide Samples: This is valuable for
the City's record
ESTIMATED TOTAL
CASE STUDY
CASE STUDY: DISTRICTING
FEES
$450 per e-
card (estimate 8
e-cards)
$200 per item
(estimate 8
items)
$150 per ad
(estimate 8 ads)
$250 per
meeting
(estimate 7
meetings)
$600
$18,150
City of Anaheim's Community Outreach -Strategy & Tactics
PURPOSE
The City of Anaheim needed to concisely explain the process for establishing six City
Council voting districts to its various communities. The goal was to engage community
members to attend meetings, provide input, submit maps and -eventually-coalesce
around a single map submission . A clear, neutral approach I multiple languages was
critical.
ACTION
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• Developed a strategy to encourage attendance and constructive participation in
the districting process, while honoring the City's need to remain neutral as to the
proposed outcome
o Messaging was developed in English, Spanish, Tagalog & Vietnamese
• Developed a tagline for the community meetings (Shape Anaheim's Future I
Draw Your City Council Districts), and altered it for the public hearings (Shape
Anaheim's Future I Six City Council Districts)
• Developed graphics and brief, consistent messaging
• Developed scripts and a very successful video campaign, including public service
announcements
• Contacted constituents on a grass-roots level, using a series of e-postcards
• Developed print collateral, including flyers, newsletter items and magazine
articles
• Wrote press releases and worked with the City to contact the media
• Provided copy to update Anaheim's districting website, including front-page copy,
Frequently Asked Questions (FAQs) and history
• When, later in the process, a City Council meeting was shut down by protests,
we developed messages which successfully encouraged meeting decorum and
constructive feedback
RESULT
When the community meetings began, a disappointing 25 people attended, with even
fewer participating. As they progressed, meetings grew to more than 150 attendees, with
an unprecedented number of maps-more than 30-submitted. Ames & Associates
developed messaging that supported and simplified the demographer's information -
emphasizing how to work with the demographer to better understand the map
submission process and to meet with him before or after meetings.
In the end, the community became energized, worked together to support a single map
and behaved in a respectful and productive manner.
REFERENCES
Linda Andal, CMC, City Clerk, City of
Anaheim
landal@anaheim. net
714.765.5166
http://www.anaheim.net/
Linda Christopher, Executive Director,
OC STEM
lch ristopher@ocstem. org
916.759.9041
www.ocstem .org
EXPERIENCE
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Ames & Associates has significant experience in community outreach/public education. For
example, Ames & Associates recently completed a community education/communications
project for OC STEM, a nonprofit supported by the Broadcom Foundation and the Orange
County Department of Education. We developed digital toolkits to help three sectors of the
community discuss an educational initiative. The toolkits are in English and Spanish and include
more than 30 video interviews in English, Spanish, Vietnamese and Korean.
Ames & Associates has worked with local governments in Santa Ana and Costa Mesa on
various projects, as well as with the City of San Diego Workforce Investment Board.
Joe is the founder of a 10-year-old education nonprofit, Latino Educational Attainment, that
assists Spanish-speaking parents to navigate the school system and provides them with tools to
help their children succeed. Joe started Ames & Associates 10 years ago. Prior to that, he was
a senior editor with the Orange County Register and was part of a team that won a Pulitzer
Prize while at the Miami Herald.
Joe worked with a team that helped move Adult Education from the Maryland Department of
Education to the Maryland Department of Labor. After the state legislature approved the
change, Joe and his team members worked to bring together a disparate group to implement
the change, including department heads, community college presidents and prison wardens.
The change was considered successful.
Linda directed internal communications for Fluor, a global Fortune 500 engineering and
construction company, when it was based in Aliso Viejo. Linda also managed global
communication for a software implementation at Fluor, setting up communications teams in
offices located around the world. For a Samsung construction entity based in Long Beach, she
handled advertising, community relations, media relations and corporate communications,
working closely with her counterparts in Seoul, South Korea. Linda is currently working with
clients, including conducting a marketing campaign for a national training nonprofit group,
Institute of Cultural Affairs in the U.S.A. Technology of Participation (ToP).