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HomeMy WebLinkAboutNational Demographics Corporation; 2020-10-13;AGREEMENT FOR DEMOGRAPHIC SERVICES NATIONAL DEMOGRAPHICS CORPORATION (NDC) THIS AGREEMENT is made and entered into as of the ) 3 1-11-- day of OCIY)bec , 20 Q0 , by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and National Demographics Corporation (NDC), a Corporation, ("Contractor"). RECITALS A. City requires the professional services of a demographer that is experienced in municipal redistricting services. B. Contractor has the necessary experience in providing professional services and advice related to redistricting. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of 2 years from the date first above written. The City Manager may amend the Agreement to extend it for 1 additional 1 year period or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the Agreement term will be seventy- five thousand dollars ($75,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed twenty-thousand dollars ($20,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 6/12/18 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus City Attorney Approved Version 6/12/18 2 line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report, 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor, If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10,1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10,3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or City Attorney Approved Version 6/12/18 3 maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Sheila Cobian Name Douglas Johnson Title Assistant to the City Manager Title President Department City Manager Address P.O. Box 5271 City of Carlsbad Glendale, CA 91221 Address 1200 Carlsbad Village Drive Phone No. 909-624-1442 Carlsbad, CA 92008 Email djohnson@NDCresearch.com Phone No. 760-434-2917 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. City Attorney Approved Version 6/12/18 4 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes El No El 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply1=1 with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and City Attorney Approved Version 6/12/18 5 put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version 6/12/18 6 CONTRACTOR CITY 0 corpo RLSBAD, a municipal of the State of California Sco Chadwick, City Manager By: By: BARBARA ENGLESON City Clerk 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. „lc r (print nam6/title) 1_1____ ,c.) (print name/title) ATTEST: 6-cfnez, Dept C/,y C/60(1..r. If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman. Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: 4 ssistant City Attorney City Attorney Approved Version 6/12/18 7 EXHIBIT "A" SCOPE OF SERVICES City Attorney Approved Version 6/12/18 8 EXHIBIT A National Demographics Corporation ND C A Proposal to the City of Carlsbad for Demographic Services By National Demographics Corporation Douglas Johnson, President August 14, 2020 Phone: (818) 254-1221 P.O. Box 5271 info@NDCresearch.com FAX (818) 254-1221 Glendale, CA 91221 www.NDCresearch.com NDC National Demographics Corporation August 14, 2020 Cindie McMahon Assistant City Attorney City Attorney's Office City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Dear Ms. McMahon, Thank you for the opportunity to provide this proposal to Carlsbad. NDC has more than 40 years of experience districting and redistricting hundreds of cities, school districts and other local jurisdictions across California, including Carlsbad's initial move to by-district elections and similar projects for Escondido, Solana Beach, Vista, and San Marcos (a client list is available at www.ndcresearch.com/clients/). We welcome the opportunity to bring the firm's expertise and skills to assist the City. For each project, there are certain required basic elements, and there are several options that the City can include or leave out at its option. NDC carefully tailors each project to the needs and goals of the individual client partner. NDC also welcomes the opportunity to work with our clients to encourage public participation in this process, as we offer several tools developed specifically for public engagement in districting and redistricting. The attached proposal consists of a brief introduction; specific proposed project elements and options; timeline and cost information; conclusion; and signature section. NDC looks forward to working with you on this effort. Please call or email anytime if you have any questions, concerns, or requests regarding this proposal. Sincerely, /52 Douglas Johnson President Page 1 NDC National Demographics Corporation Table of Contents Brief History of National Demographics Corporation 3 Company Philosophy 4 Professionalism 4 Local Leadership 4 Openness 4 Public Engagement 4 The NDC Team 5 Public Engagement 6 The Three E's of Public Participation: Engage, Educate, and Empower 6 Sample Public Engagement Tools 7 Sample NDC "Interactive Review Map" 7 Impeccable References 8 "Still Balanced" Project Scope of Work 9 "Still Balanced" Basic Project Elements 9 "Still Balanced" Per-Meeting Project Expenses 9 "Full Redistricting" Project Scope of Work 10 Advisory and Independent Redistricting Commissions 10 Outreach Assistance 10 "Full Redistricting" Basic Project Elements 11 "Full Redistricting" Per-Meeting Expenses 11 "Full Redistricting" Optional Project Elements 12 Project Web site 12 Background on Online Mapping Tool Options 13 Paper- and Excel-based Public Mapping Tools 15 Other Potential Project-Related Expenses: 16 Additional Analysis 16 Timelines 16 Requested Payment terms: 17 Conclusion 17 Proposal Acceptance 18 Resumes of NDC President Dr. Douglas Johnson and Vice President Dr. Justin Levitt 19 Page 2 NDC National Demographics Corporation Brief History of National Demographics Corporation NDC has served hundreds of local governments since our founding in 1979. While most of NDC's work is in California and Arizona, the firm has performed projects in all regions of the country, serving clients as varied as the States of Mississippi, Arizona, Florida and Illinois; Clark County (Nevada); the California counties of Merced, San Bernardino, and San Diego; the San Diego Unified School District; the City of Oakland; Yuma County (Arizona); the Arizona cities of Glendale, Mesa, Peoria, Phoenix, and Surprise; and relatively smaller jurisdictions such as the City of Bradbury and Clay Elementary School District. The company is especially well known for its districting and redistricting work with local governments. NDC has established a reputation as the leading demographic expert on the California Voting Rights Act (CVRA), having performed demographic assessments of potential CVRA liability and/or moves to by-district elections for over 350 jurisdictions. No company has been responsible for addressing the electoral demographic needs of more local governments, as NDC has districted and/or redistricted more than 250 counties, school districts, cities, water districts, and other local jurisdictions. Nationally recognized as a pioneer in good government districting and redistricting, NDC has unmatched expertise in the issues, questions, and decisions jurisdictions face in any discussion regarding districting, redistricting, the California and Federal Voting Rights Act and related election system choices. Page 3 NDC National Demographics Corporation Company Philosophy Professionalism NDC's personnel are nationally recognized as leaders in the districting field and are responsible for numerous books and articles on the subject. NDC possesses all the hardware and software necessary to meet the districting and redistricting needs of any jurisdiction, and its personnel have unmatched experience in the line-drawing side of this work, as well as in developing the databases used for these purposes. But more important are the firm's interpersonal skills and the team's understanding of the perspective of all parties in this process. Local Leadership NDC views its role as an advisor and technical resource. The firm offers guidance based on its experience and expertise, but ultimately the decisions are made by the jurisdiction itself. NDC welcomes the chance to assist this project under the guidance and direction of the jurisdiction's elected leadership, key staff members, and the entire community. Openness Any change in election systems can have momentous implications for the distribution of political power in a jurisdiction and for access by groups and individuals to the governance process. Not surprisingly, such changes often attract considerable public attention, sometimes generate intense controversy, and may draw charges of manipulation and abuse of power. It is crucial, therefore, that the jurisdiction establish, at the beginning, a process that is not only fair, but that is seen to be fair, to all contending groups and individuals. Public Engagement NDC pioneered the "transparent districting" approach that involves the public at every stage of the process and the company invented the "public participation kit" back in 1990. But NDC's most valuable service is the firm's experience transforming often-contentious and passionate debates into thoughtful, constructive discussions focused on the options and outcomes rather than individual personalities. NDC also has considerable experience working with translators in public forums and providing materials in English and Spanish. NDC's approach has been widely praised in the media, and NDC has worked extensively with all types of press including radio, television, newspaper, and new media. Page 4 NDC National Demographics Corporation The NDC Team NDC's 40 years of service to local governments is grounded in our academic founding and decades of professional relationships with all forms of local governments. Each NDC team member has been extensively trained in the legal requirements, demographic details, and complicated personal and community interests involved in every districting and redistricting project. And every NDC team member has been briefed on the wide range of unusual and bizarre challenges NDC has encountered over our more than 250 successfully completed local government projects. Whatever question or situation arises, your NDC team can handle it. The key to NDC's 40-year success is our ability to pass along to each new batch of NDC team professionals the knowledge and experience built up by prior team members. This empowers NDC to bring a robust team to meet every jurisdiction's unique needs, even in the hectic and intense window for redistricting following every decennial Census. NDC President Dr. Douglas Johnson leads all team training and closely monitors the progress of every client project. Dr. Johnson also personally leads some projects in the Glendale/San Gabriel Valley region. NDC Vice President Dr. Justin Levitt assists Dr. Johnson with project and team oversight, and personally leads some projects in south Los Angeles County and northern Orange County. All NDC project leaders are a fully trained Consultants or Senior Consultants with years of experience working with local government elected leadership and top staff members. Each NDC team leader brings their personal expertise in demographics, city governance, school district governance and/or special district management to every project. And each team leader has particular expertise and focus in specific geographic areas. NDC President Dr. Johnson and Vice President Dr. Levitt are always available to the full team and to all clients, especially whenever particularly unusual or complex situations arise. And each NDC project has an NDC Consultant or Senior Consultant as a primary point of contact to ensure seamless information flows and continuity. As projects move from the initial demographic analysis to initial informational/educational outreach and on to the draft and final mapping stages, NDC's project team ensures a smooth and successful process. All team members resumes are available on www.ndcresearch.com/about-us/. On the website, each Senior Consultant's resume includes a list of districting and redistricting projects in which team member has personally led or assisted. Page 5 NDC National Demographics Corporation Public Engagement The Three E's of Public Participation: Engage, Educate, and Empower NDC's "Three E's" approach recognizes the complex and daunting nature of districting and redistricting projects, while emphasizing the importance of public participation in such projects. Given the complexity of the issue, the public cannot be expected to jump in with constructive ideas and input without encouragement. So NDC's approach begins with the first "E": Engage. NDC works with our clients to get the word out about why the project matters — and how input from residents can be a decisive element of the project. Once their interest is engaged, the second "E" is Educate. Most media coverage of this topic focuses on congressional gerrymandering, giving the entire field a tainted and hopeless feel. NDC works with our clients to explain how local districting and redistricting is based on neighborhoods and communities — not national politics. We educate the public on the data, requirements and goals of redistricting, and on the many ways residents can formulate and share their own maps or other constructive input. The third "E" is Empower. For those projects where the level of public interest and engagement justify the expense, NDC offers an unmatched array of paper, Excel-based, and online mapping tools that residents can use to draw detailed, population-balanced maps for consideration by the jurisdiction. When included in a project, NDC has seen considerable public interest in these optional public participation tools. Often five, ten or even twenty or thirty draft maps are proposed by community residents. And NDC developed a highly refined and proven methodology for efficiently guiding our clients through selecting and refining a map, even when starting from 10, 20, 30 or more initial draft maps. For those jurisdictions where the expense of the optional mapping tools is too high, NDC always welcomes any letters, comments, or hand-drawn maps that residents wish to submit during the districting or redistricting process. For every project, at no extra expense, NDC includes an online "interactive review map" that allows residents to analyze draft maps zooming in and out, searching for specific addresses, and by changing between street maps, satellite images, and other underlying base maps. Page 6 .la he ,osecolhe.tcn 4110, )1.11.110 71a3M note! MO Mk 1110 33: 313.14:1E.111134jdo .0 3 11111. ri•ii‘a CM a dims-. : . . ..................... ...... ......... / - • „ Smrto doiaaaled quolat ...nor car.. N >mow rmaae amumi ""4 cc -. • 3:31 .3 yid • — •• : ' • : E. District 33113133 , ovaiim mans.. ,t mow.. -11 / 2,3 r1e Ci 0 Los Pdamittrs USD Districting 24319 et 1:43 .1,0M/ft E • re.P.Onma. •••14/Pml. •Wtrria ':tht pia/41.V Au, • ,7" • 41ia• 114 • ,a Psaf laano• .1/111, • i•v:21,1:.410-.. Plaas i;te WwWli NDC National Demographics Corporation Sample Public Participation Mapping Tool Sample Online Mapping Tool Public Participation Kit indicant. the. iota/ population of that "population unit" area. hall district must have c/wittially cyttal population. The populaiiim of 1/166 five &Irk, moat Ile cliwe 7,447, with no MO, /hail 3 '45 difference between the lari:est and smallest. Nam, annili .,311 /kiln .033 Alia iii Mani vour map inn ',knit it it (in I Vali in in our /maim tornahann Saluni,nritaNilf PO One crc. OiccJcic. :it a 1=1 Ynu.ei hard-EL:I, mi,/ W 1101110a our imp. .1.10 CAL ,PEP Sample NDC "Interactive Review Map" (used to view and evaluate, not to draw, maps) lb Lill/PPS •Sc..1-:-Selec1sc 3ree,1 4 na,c •vElC Ycflow 3 v:Pc:us %lap 1.7•66 • . %Li 'Orange 2 r•lo =led 171 • NO.,: Cireen S Inma:ed by Yelkiw ? Vtibw 31 llratePti by k3,t,•tk, 3) Oh-amp/ /Eli/ itinpltdi 1i1 I! NO:".• Yellow e,•Eininzged 12,1/:*; • -.Min, , 7 Page 7 ND C National Demographics Corporation Impeccable References All of NDC's former clients — without exception — can be contacted for references. The following is only a sample of references: Mr. Graham Mitchell. City Manager. City of El Cajon. 200 Civic Center Way. El Cajon, CA 92020. (619) 441-1716. GMitchell@cityofelcajon.us. Mr. Jason Stilwell. City Manager. City of Santa Maria. 110 E. Cook Street. Santa Maria. CA 93454-5190. (805) 925-0951 ext. 2200. jstilwell@cityofsantamaria.org. Mr. Marcus Walton. Communications Director. West Contra Costa Unified. 1108 Bissell Ave., Room 211-215. Richmond, CA 94801. 510-205-3092. mwalton@wccusd.net. Mr. Jonathan Vasquez. Superintendent. Los Nietos School District. 8324 S. Westman Ave., Whittier, CA 90606. (562) 692-0271 Ext. 3212 jonathan_vasquez@lnsd net. Ms. Jennifer Fitzgerald, Mayor, City of Fullerton. 303 W. Commonwealth Avenue. Fullerton, CA 92832. (714) 402-3106. jennifer@curtpringle.com. Mr. James Atencio. Assistant City Attorney. City of Richmond. 450 Civic Center Plaza. Richmond, CA 94804. 510-620-6509. James_Atendo@ci.richmond.ca.us. Ms. Isabel Montenegro. Administrative Assistant. Inglewood Unified. 401 South Inglewood Avenue, Inglewood, CA 90301. 310-419-2799. imontenegro@inglewood.k12.ca.us. Ms. Pam Abel. Superintendent. Modesto City Schools. 426 Locust Street. Modesto. CA 95351-2631. (209) 574-1616. able.p@mcs4kids.com. Mr. Darrell Talbert. City Manager. City of Corona. 400 S Vicentia Avenue. Corona. CA 92882-2187. 951.279.3670. Darrell.Talbert@d.corona.ca.us. Mr. David Silberman. Deputy County Counsel. San Mateo County. 400 County Center. 6th Floor. Redwood City. CA 94063. 650-363-4749 dsilberman@smcgov.org. Judge Hugh Rose (retired). Chairman. City of Modesto Districting Commission. 508 King Richard Lane. Modesto. CA 95350. Phone (209) 522-0719. Email: hhrose@hottnalcom. Ms. Lucinda Aja. City Clerk, City of Buckeye, Arizona. 100 N Apache Rd, Suite A, Buckeye, AZ 85326. Phone (623) 349-6007. Email. laja@buckeyeaz.gov. Ms. Randi Johl, Director of Legislative Affairs/City Clerk. City of Temecula. 41000 Main Street. Temecula, CA 92590. 951-694-6444. RandiJohl@temeculaca.gov. Page 8 NDC National Demographics Corporation "Still Balanced" Project Scope of Work For a few jurisdictions, the existing election areas will still meet the equal population and voting rights act requirements using new 2020 Census data. These jurisdictions have the option to redraw the map, or the jurisdiction can simply retain its existing map. NDC redistricting projects thus begin with a calculation of the 2020 Census total population for each existing election area and a look at whether the existing election areas divide any concentrations of "protected class" voters as defined by the Federal Voting Rights Act. NDC then provides a memo reporting whether the existing election areas meet the "equal population" requirements and whether NDC believes a more detailed analysis of potential Voting Rights Act concerns is necessary. For those jurisdictions where the election areas are population balanced and we see no potential Voting Rights Act concerns, the jurisdiction can elect to retain the existing election areas and the project would conclude, unless the jurisdiction opts to redraw the election areas map anyways. If the jurisdiction requests, an NDC team member will participate in a public meeting to present the memo and answer any questions, but that is optional and done on request from the jurisdiction. "Still Balanced" Basic Project Elements Required. Includes all the services listed below- $ 2,750 • Compile total population and Citizen Voting Age Population data • Import existing election area lines • Compile population data by election area and calculate population deviations • Review any potential divisions of "protected class" resident concentrations • Prepare memo summarizing findings "Still Balanced" Per-Meeting Project Expenses If requested by the jurisdiction: In-person attendance, per meeting $ 2,750 • Virtual (telephonic, Zoom, etc.) attendance, per meeting $ 1,250 Stated 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. Page 9 NDC National Demographics Corporation "Full Redistricting" Project Scope of Work Following release of the 2020 Census data, most jurisdictions will need to make relatively significant changes to their election area maps, leading to what NDC labels a "Full Redistricting" Project. Each "Full Redistricting" project must include the "Basic Project Elements" listed below, and virtually all "Full Redistricting" projects will include NDC participation in one or more meetings from the "Per Meeting Expenses" section. The public engagement tools in the "Optional Elements" are always completely at the jurisdiction's discretion. Advisory and Independent Redistricting Commissions NDC anticipates that many California jurisdictions will create advisory or independent commissions to manage the redistricting process. NDC welcomes the use of such commissions, and our pricing does not change for jurisdictions creating commissions. But the creation, training, operation and reporting of such commissions often leads to more meetings (and a resulting increase in the "per meeting" project expenses) than a traditional redistricting process conducted primarily by the jurisdiction's elected leadership. Outreach Assistance NDC brings topical expertise to your jurisdiction's outreach efforts, and NDC makes available to all clients our library of sample outreach materials including op-ed articles, postcards, utility bill inserts, flyers, and social media messages. NDC provides all of these materials along with our advice and input on outreach strategy and materials to any interested jurisdiction, but we do not have graphic artists to customize or design such materials in-house. For larger-scale outreach efforts, especially where jurisdictions wish to send representatives out to regular meetings of existing community organizations, NDC typically works together with a jurisdiction's in-house communications staff and/or with one or more outreach organizations. We have a number of firms we recommend, and we would be happy to work with any in-house team at the jurisdiction or with any firm or organization the jurisdiction selects. Projects with this level of outreach are relatively rare, as most projects can be handled by the jurisdiction's existing communications team using the samples, templates and advice NDC provides. Page 10 ND C National Demographics Corporation "Full Redistricting" Basic Project Elements Required. Includes all the services listed below: $ 25,500 • Project Setup and coordination: o Development of demographic database including Census Bureau and California Statewide Database data; o Incorporation of any Geographic Info illation 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); o Initial telephonic discussion with about data, communities of interest, schedule, criteria and special concerns of the jurisdiction; o Any phone- or web-conference calls to discuss the project's progress or to answer any questions that may arise; • Plan Development: o Memo on population balance and any potential divisions of "protected class" population concentrations in the existing election areas map; o Creation of 2 to 4 initial draft maps; o Analysis and preparation for presentation of all whole or partial plans submitted by the public; o Conversion of all maps and reports to web-friendly versions; o Online posting of all maps to an interactive review website; o Create any requested additional and/or revised maps as requested; • Plan implementation: o Work with the County Registrar of Voters to implement the final adopted plan. "Full Redistricting" Per-Meeting Expenses At the jurisdiction's request: • In-person attendance, per meeting $ 2,750 • Virtual (telephonic, Zoom, etc.) attendance, per meeting $ 1,250 Stated 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. Page 11 NDC National Demographics Corporation "Full Redistricting" Optional Project Elements Project Web site NDC provides all project materials in website-friendly formats for posting on the jurisdiction's website. At no cost, NDC will provide project website samples and website language for use on the jurisdiction's project website. But for jurisdictions that prefer not to take on the challenge of creating and managing a rapidly-changing project website, NDC will create, host, and update project website (visit htips://drawlf.org/ to see one such site). ,C.77 Select Language Search... WELCOME SCHEDULE DRAFT MAPS DRAW A MAP CONTACT FAQ RESOURCES Home • The City Council is asking for your help ptanning our City's change to by-district Council elections. Lake Forest. like over 60 cities and 150 school districts across the state, is making a change in how voters elect the City Council. Beginning in 2018, City Council members will be elected distnct by district, instead of the current at-large citywide elections in which all voters have the ability to vote for all City Council seats. We need your help to make this change! The primary goal when drawing Council election districts into draw lines that keep neighborhoods together. So the Council wants to know: what do you consider the boundaries of your neighborhood? Next Steps Tuesday, December 5 (Regular Council Meeting) Council hearing to solicit-input regarding the content of the draft maps and the proposed sequence of elections: Council selection of a map and introduction of ordinance. Tuesday, December 19 (Regular Council Meeting) Second reading and final adoption of ordinance. On October 3rd, the Council selected five "focus" maps, numbered 109, 110, 115, 116 and 128, On November 7th, the Council requested eight new variations on "focus" maps 216 and 128. All of these maps are all available on the • Draft Maps" page. More information will be posted to this page as the process moves forward. Copyright 2020 Lake fs,est. All Rights Reserved Pricing: NDC-managed project website' $5,500 Page 12 7;;;17.171:2-1 101 3L2 4,7 ,11 — Zr":I, Changes = Di stri cts 1+0)014 Fir.; ;-.%:041 Ran it‘r §(01 f 4 Joni fir ;Ur " ' Ftnd Wm in ;1 Lir 15 J C4 0 = 1 I 7-ft- 137 ! ; Theme •Zittritt 41112 771 NDC National Demographics Corporation Background on Online Mapping Tool Options NDC is the unmatched leader in redistricting tools that empower residents to review draft maps and to develop and submit their own map proposals. NDC is the only firm that has used the online mapping solutions from both ESRI and Caliper Corporation in major redistricting projects. And only NDC has repeatedly trained members of the public, processed public map submissions, and presented the public map proposals to public hearings and commission meetings. In the more than 200 California local districting projects between 2012 and 2020, NDC is the only consultant providing clients access to Caliper Corporation's "Maptitude Online Redistricting" tool. Even with the technical challenges arising from such tools' power and flexibility, NDC's training and encouragement frequently results in 10, 20, 30 or more different maps drawn by residents of the school district or city providing that tool to its residents. 1111111111111111111122512E111111•111111111 J. PppPirm 11 Change -Pciandian ono 11/non tOR [111.1Inte Jo Placa isepoe 34.14.11Pconbitleme DAM .zolzann n Zr,1311n-r. Hipant 1; Alspralt 77:: -1 :717 •:;:).:7i, ;:::, ii:', Ccaladen -1 2i7 11 r; Pt %; ...1"1 "i";.; ,. ! ,•;•!... % ot..nonn. HIsparin 2. =•:: -, 7i;7' ' ;454 17 ,;;;'. 1.111eqp. • Kagan=I. 141inumv: 17 :1% I1 i%ii C;511') ti,;•117. irrit:2,„.,;:ey4;;;; Ilrftl•ti,rx; Page 13 Digatt Cocriu 4.1,,fidia. • wwitimr. (4,,(”gt,t, 101.41,..0 111011 Olt NDC National Demographics Corporation The other primary public mapping tool currently on the market is ESRI's online districting tool. While easy to use, the ESRI product currently takes a month or more to deploy and typically costs significantly more. As a result, traditionally only the largest jurisdictions with lots of project startup time have been able to use it. The features and pricing of both products are currently being updated for 2021, and other vendors are working on potential additional options. So NDC will work with each interested client to determine if an online mapping tool is within its budget and, if so, which tool would be best for your jurisdiction. Pricing: Hosting, managing, and processing submitted plans for an online interactive system that allows public to draw and submit proposed maps through a standard web browser 2021 pricing not yet available * * NDC's standard "Maptitude Online Redistricting" tool typical pricing would be $ Price. Caliper is currently re-evaluating the cost of their tool; NDC is talking to ESRI about a less- expensive and faster-to-setup version of their tool; and NDC is talking to other potential online tool providers that may provide less expensive options. At the time your jurisdiction is ready to begin the project, NDC will provide an update on the online mapping tools available with a review of the power, accuracy, ease of use, and cost for each. Page 14 Public Participation Kit 111.11111,C1- 111(hCalICS thC WWI population of that ''population unit" area. Each district must have essentially equal population. The populalion of null of the five districts must be close to 7,447, with no more than a 745 difference between the largest and smallest_ 312 \ woe: : 609 ........... .... 4411 Phone or email: II 1IP1 .ne ,luck a'Iar.nculurrd pen In r.tw rnap, Ilaca ,n1nnii nr iliri 1* n, our pew:, consulLunc SuhniliinrC:NDCicarvh..:nrl 1.0 Box tab. Carinkie. CA 91221 You can hand-dci:vc-r. raal, Ian, SCan and tiana or vholngraph an6 canal ).nur map. 42.01) CAL-PER An online version a this map raat allows you to zoom :n and 0..4t for mom ;4:tv4ilwlil0 AS Cu Ma Cks - A . ... :+93 :•-••• • NDC National Demographics Corporation Paper- and Excel-based Public Mapping Tools While online mapping tools are very popular, NDC never forgets those residents who do not have internet access or who simply prefer to not drawing maps online. At no cost with every online mapping tool, and as a separate option for jurisdictions that for budget or other reasons do not include an online mapping tool, NDC offers our "Public Participation Kit." Each "Kit" includes two formats. The first, and most simple, Kit is a one-page map showing streets, city borders, and population counts for NDC-created 'Population Unit" geographic areas. Residents draw the map they wish to propose and add up the population counts by hand until they get the right population count in each district. All of the directions needed are right on the single-page form. Examples of these tools, from our work for the City of Lake Forest, are available here: htip s: drawlf. org/ draw-a-map/ . The second form of offline mapping tool is for those residents who do not want to deal with an online mapping tool, but who are already comfortable with Microsoft Excel. NDC provides a similar simple one-page map of those same "Population Units," but this time the map shows the Unit ID number rather than the population count in that Unit. Residents then enter their preferred district assignment for each Population Unit into the pre-formatted Excel spreadsheet (also available on the Lake Forest website), and Excel calculates the Page 15 ND C National Demographics Corporation total population and demographics of each District. When the resident has the map the way they like it, they simple email in the Excel file. Preparation and processing of paper, PDF and Excel-based 'Public Participation Kits" (that allow the public to draw and submit their own plans): Offered with an online mapping tool no charge Stand-alone (for projects that do not include an online mapping tool) $ 4,750 Other Potential Project-Related Expenses: The most common additional project expenses would be any site or staff costs for conducting the community forums and the cost of printing or copying paper copies of the "Public Participation Kit." In NDC's experience, most participants will download and print the Kits in their own homes or offices. Additional Analysis NDC is happy to assist with any additional analysis that the client requests at our standard hourly rates: Principal (Dr. Douglas Johnson) $300 per hour Vice President (Justin Levitt) $250 per hour Senior Consultant $200 per hour Consultant $150 per hour Analyst / Clerical $50 per hour Dr. Johnson is also available for deposition and/or testimony work if needed, at $350 per hour. Timelines A date-specific timeline will be established in consultation with the client, but typical project timelines are as follows: "Still Balonced" Project: two to four weeks. "Full Redistricting Project: typically three to nine months, but can be done faster when necessary. Page 16 NDC National Demographics Corporation Requested Payment terms: NDC requests that one-half of the "Basic Project Elements" fee be paid at project start, with the balance of the project costs paid at the conclusion of the project. Conclusion Since its founding NDC has been the nation's preeminent company devoted to local election systems. To summarize: • NDC has more experience in the field of municipal political election systems than any other company. • NDC, founded in 1979, has a demonstrated record of financial solvency. • NDC's hardware and software resources were specially designed and acquired for districting and redistricting purposes. • NDC's highly respected personnel have impeccable credentials in each aspect of the districting and redistricting processes. • NDC's suggested approach has been tested in many jurisdictions. • Any NDC client can be contacted for testimonials and reference. • NDC has demonstrated experience over many years in working with the press and media on local election system issues. • Neither the Justice Depatiment nor any Court has ever rejected any of the hundreds of local government districting or redistricting plan submitted by NDC. NDC takes pride in tailoring each project to the needs and goals of each individual client. NDC is open to any feedback, concerns, requests, or changes regarding this proposal. NDC looks forward to the opportunity to work with you on this project. Page 17 NDC National Demographics Corporation Proposal Acceptance The terms of this proposal are available for 45 calendar days from its delivery to you. In most situations, NDC is open to extending that period of time to meet any particular needs of your jurisdiction. If your jurisdiction has specific contract and/or letter of agreement language you prefer to use, please provide it and ignore the signature block below. If you prefer, simply sign two copies of this proposal in the signature block below and return them to NDC. Once signed by NDC, one copy will be returned to you. Thank you. For National Demographics Corporation For Carlsbad Douglas Johnson, President Date Date Page 18 Appendix Resumes of NDC President Dr. Douglas Johnson and Vice President Dr. Justin Levitt are attached. A client list and resumes of all NDC team members are available at www.ndcresearch.com/about-us/. Douglas Mark Johnson P.O. Box 5271 mobile: (310) 200-2058 Glendale, CA 91221 office: (909) 624-1442 djohnson@NDCresearch.com fax: (818) 254-1221 Employment President, National Demographics Corporation, 2006 — present. Senior Analyst, National Demographics Corporation, 2001 — 2006. Fellow, Rose Institute of State and Local Government, 2001 — present. Project Manager and Senior Manager at three internet startup companies, 1999 - 2001. U.S. Representative Stephen Horn, Legislative Director and System Manager. 1993 — 1997. Coro Foundation, Fellowship in Public Affairs. 1992 — 1993. Rose Institute for State and Local Government, Student Manager. 1989 — 1992. Education Claremont Graduate University, Ph.D. in Political Science, 2015. Dissertation: "Independent Redistricting Commissions: Hopes and Lessons Learned." UCLA Anderson Graduate School of Management, MBA, 1999. Claremont McKenna College, BA in Government (Political Science), 1992. Academic Honors Graduated Cum Laude from Claremont McKenna College. Phi Beta Kappa. Philip Roland Prize for Excellence in Public Policy. Publications and Articles Christian Science Monitor "Let the public help draw voting districts," October 25, 2013. New York Times, "The Case for Open Primaries," February 19, 2009. Los Angeles Times Opinion Articles: "A neighbor's help on redistricting" June 24, 2007. "A Trojan horse primary for the GOP" February 25, 2007. "Where a porn palace stood" (article on redevelopment), July 30, 2006. Fresno Bee Opinion Article: "The Poison Handshake" June 15, 2004. Redistricting in America. Rose Institute of State and Local Government, 2010. Restoring the Competitive Edge: California's Need for Redistricting Reform and the Likely Impact of Proposition 77. Rose Institute of State and Local Government, 2005. "Competitive Districts in California" Rose Institute of State and Local Government, 2005. Latinos and Redistricting: "Californios For Fair Representation" and California Redistricting in the 1980s. Rose Institute of State and Local Government, 1991. Speaker or Panelist California School Board Association Annual Education Conference panelist: "The California Voting Rights Act: What Board Members Must Know." December 4, 2015. Associated Cities of California — Orange County, Keynote Speaker, Newly Elected Officials' Reception and Dinner, "The California Voting Rights Act," January 29, 2015. California League of Cities, City Manager Department, 2015 Department Meeting: "Opportunity to Engage Residents: The California Voting Rights Act." January 29, 2015. California League of Cities, City Clerk Department, 2014 Annual Meeting: 'Whose Line Is It Anyway: Making the transition from at-large to by-district elections." September 3, 2014. National Conference of State Legislatures, Redistricting and Elections Standing Committee: 2007 Spring Forum, "The Arizona Independent Redistricting Commissions' experiences with the first-ever independent redistricting." National Conference of State Legislatures, Redistricting and Elections Standing Committee: 2008 Spring Forum, "Communities of Interest In Redistricting: A Practical Guide." Douglas Mark Johnson National Conference of State Legislatures, Redistricting and Elections Standing Committee: 2009 Fall Forum, "The Key to Successful Redistricting." National Conference of State Legislatures, Redistricting and Elections Standing Committee: 2010 Spring Forum, "Communities of Interest in Redistricting: A key to drawing 2011 plans (and for their defense)." National Conference of State Legislatures, Redistricting and Elections Standing Committee: 2011 Winter Forum, "Citizen Voting Age Data from a line-drawer's viewpoint." Luncheon Keynote Speaker, Santa Barbara's Channel Cities Club, "California's next experiment: independent, public redistricting," January 18, 2011. Annual Conference, Arizona League of Cities and Towns, Presenter at "Redistricting Law and the Voting Rights Act: What It Means for Your City or Town in 2011," August 25, 2010. Redistricting, The 2010 Census, and Your Budget, Sponsored by the Rose Institute of State and Local Government, California League of Cities, October 15, 2009. Arizona Election Law 2010 Continuing Legal Education Conference, "Communities of interest and technology in redistricting," sponsored by the Arizona State Bar Association, March 2010 California's New Independent Redistricting Commission, sponsored by the Irvine Foundation and the California Redistricting Collaborative, December 15, 2009 Tribal Association of Sovereign Indian Nations (TASIN) Legislative Day 2009, "The 2010 Census and 2011 Redistricting in California," December 2, 2009. California School Board Association, "Litigation Issues and the California Voting Rights Act," December 4, 2009. California Latino School Boards Association, "Introduction to the California Voting Rights Act," August 20, 2009. Building a National Reform Movement, Salt Lake City, Utah, 2006, conference on redistricting reform hosted by the League of Women Voters, Campaign Legal Center, and The Council for Excellence in Government Texas Tech University, "A Symposium on Redistricting," May, 2006 California League of Cities, "Introduction to the California Voting Rights Act." Voices of Reform, a project of the Commonwealth Club of San Francisco: multiple forums on redistricting and / or term limits, 2006 — 2007 Classroom speaker at Pepperdine University, the University of La Verne, Pomona College and Claremont McKenna College Justin Mark Levitt P.O. Box 5271 mobile: (480) 390-7480 Glendale, CA 91221 office: (818) 254-1221 jlevitt@NDCresearch.com fax: (818) 254-1221 Employment Vice-President, National Demographics Corporation, 2012 — present. Senior Analyst, National Demographics Corporation, 2003 — 2011. Instructor in Political Science, University of California, San Diego, 2012 — present. Graduate Research Fellow, Center for US-Mexico Studies, 2010 — present. Graduate Research Fellow, University of California, San Diego, 2008 — 2010 and 2013 — 2014. Jesse M. Unruh California Assembly Fellow. 2006 — 2007. Rose Institute for State and Local Government, Student Manager. 2005 — 2006. Education University of California, San Diego, Ph.D. Political Science, 2016. Dissertation title: "The Impact of Geographic Patterns on Tradeoffs in Redistricting." Claremont McKenna College, BA in Philosophy, Politics and Economics (PPE), 2006. Academic Honors California Studies Fellow, University of California, San Diego, 2007 — 2009 Graduated Cum Laude from Claremont McKenna College. Publications and Conference Presentations Settle, Jamie, Robert Bond, and Justin Levitt. 2011. "The Social Origins of Adult Political Behavior." American Politics Research: 39 (2). 239-263 Miller, Kenneth and Justin Levitt. 2007. "The San Joaquin Valley." In The New Political Geography of California. Eds. Frederick Douzet, Thad Kousser, and Kenneth Miller. Berkeley: Institute of Government Studies. "The Political Geography of Tradeoffs in Redistricting" Paper presented at the State Politics and Policy Conference, Iowa City, IA, 2013 Getting What You Want: A Bargaining Approach to Fair Division in Redistricting. Paper presented at the "Challenging Urban Borders : the geopolitics of immigration and segregation" workshop, Berkeley, CA, 2013 and the State Politics and Policy Conference, Houston, TX, 2012 "An Atlas of Public Health in Mexico" (with Alberto Diaz Cayeros). Paper presented at the Hewlett Foundation Conference on Public Health, Mexico City, DF. 2012 "Remoteness and the Territoriality of Public Health" (with Alberto Diaz Cayeros). Paper presented at the American Political Science Association conference, Seattle, WA. 2011 "Initiatives as revealed preferences" Paper presented at the American Political Science Association conference, Seattle, WA. 2011 'No Se Puede: Latino Political Incorporation in Phoenix'. Paper Presented at the New Political Geography of California conference, Berkeley, CA., 2009 Justin Mark Levitt 'Political Change in the Central Valley '. Paper Presented at the Western Political Science Association conference, Las Vegas, NV.,2007 Working Papers Hill, Seth, Thad Kousser, Alex Hughes, and Justin Levitt. ND. "How Competitiveness Shapes Infrequent Primag Voters Response to Receiving a GOTV Mailer." Diaz-Cayeros, Alberto and Justin Levitt. ND. "Remoteness and the Territorialig of Public Health." Levitt, Justin. ND. "Getting What You Want A Bargaining Approach to Fair Division in Commission- led Redistricting." Teaching Experience California State University, Long Beach, Department of Political Science Adjunct Professor POSC 327 (Urban Politics) Adjunct Professor—POSC 229 (Cases in Policy Analysis) Adjunct Professor—POSC 412 (Law and Social Change) Adjunct Professor—POSC 399 (California Politics Short Course) University of California, San Diego, Department of Political Science Co-Instructor—UPS 170 (Regional Governance Reconsidered) Instructor—Poli 100A (The Presidency) Instructor—Poli 160AA (Introduction to Public Policy Analysis) Instructor Poli 10 (Introduction to American Politics) Spring 2016-Present Present Spring 2016-Present Present Spring 2015 Fall 2014 Fall 2013 Summer 2013 POLICYHOLDER COPY SC STATE P.O. 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Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS NOTICE EFFECTIVE 08-03-2015 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #1651 - DOUGLAS JOHNSON P , S , T - EXCLUDED. EMPLOYER NATIONAL DEMOGRAPHICS INC SC PO BOX 5271 GLENDALE CA 91221 [P1Z,H0] (REV.7-20141 PRINTED : 09-16-2020 City of Carlsbad Attn: Sheila Cobian, Asst to City Manager 1200 Carlsbad Village Drive Carlsbad, CA 92008-1949 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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(Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A PER STATUTE 0TH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ C C Professional Liab Claims Made Coy 121MPL000313801 121MPL000313801 2/7/2020 2/7/2020 2/7/2021 2/7/2021 Ea Claim Aggregate 2,000,000 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is requi ed) The City of Carlsbad, its officals, employees and voluntteers must be named as an additional insured with respect to liability arising out of activities performed by or on behalf of the Named Insured. Primary insurance as respects the City, its officials, employees and volunteers. General Liablity Waiver of Subrogation applied. *10 days notice of cancellation for non-payment; 30 days all other CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY - ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU @ 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1 It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY - ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A- Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. CG 88 10 04 13 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C. Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. Ali reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to 6500 a day because of time off from work. G. ADDITIONAL INSUREDS- BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued .a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph Lb. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. 0 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS! MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II - Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and CG 88 10 04 13 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II - Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT • Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. 0. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. 2013 Liberty Mutual insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8