January 24, 2001
City of San Diego Redistricting Commission
Request for Proposal for Assistance in
Redrawing City Council District Boundaries
The City of San Diego Redistricting Commission is requesting proposals to assist the Commission in the preparation of alternatives for redistricting the eight City Council districts as is required by the City Charter, Section 5, "at least one in every ten (10) years, but no later than nine months following the receipt of the final Federal Decennial Census information."
The Redistricting Commission shall form Districts that are "as nearly as practicable, one-eighth of the total population of the City." Furthermore, the Redistricting plan "shall provide fair and effective representation for all citizens of the City, including racial, ethnic, and language minorities, and be in conformance with the requirements of the United States Constitution and Federal statutes. To the extent it is practical to do so, districts shall: preserve identifiable communities of interest; be geographically compact--populous contiguous territory shall not be bypassed to reach distant populous areas; be composed of whole census units as developed by the United States Bureau of the Census; be composed of contiguous territory with reasonable access between population centers in the district, and not be drawn for the purpose of advantaging or protecting incumbents."
REDISTRICTING CONSULTATION SERVICES
The Redistricting Commission desires to engage a consultant to assist in the redistricting process by preparing candidate plans for district boundaries that the Redistricting Commission can consider before making a decision. The Redistricting Commission is seeking a consultant with relevant experience in developing legislative districts evidenced through: 1) sources and analysis of population and demographic data; 2) knowledge of city, state and federal statutes and court decisions relative to legislative district boundaries and representation; and 3) graphics and reporting capabilities able to portray alternative redistricting proposals clearly and with minimum time required to respond to Redistricting Commission decisions.
Proposals must be received by the Redistricting Commission no later than 5 p.m. Tuesday, February 20, 2001. Nine copies must be submitted. Any proposals received after the due date will not be reviewed. Please submit proposals to:
Prospective consultants should include information in their proposals which will help the Redistricting Commission and their Chief of Staff determine how they will approach this task. Such information should include:
Selection will be made by the Redistricting Commission based on:
Oral Interviews - After written proposals have been reviewed, interviews with prospective firms may be scheduled with some or all of the proposers. Consultants should be aware, however, that their written proposals will be the principal element of the competitive evaluation process.
If scheduled, oral interviews will be question/answer format for the purpose of clarifying the intent of any portions of the proposal. The principal from your firm that will be directly responsible for carrying out the contract, if awarded, should be present at the oral interview. This also applies to all firms that are part of your consultant team.
Conditions For Proposal Acceptance - This request for proposal does not commit the Redistricting Commission to award a contract or to pay any costs incurred for any services. The Redistricting Commission, at its sole discretion, reserves the right to accept or reject any or all proposals to permit the timely correction of errors, and/or, with notification to all prospective proposers, change the submission deadline without cause or liability received as a result of this request, to negotiate with any qualified firm, or to cancel in part or in its entirety this Request for Proposals. All proposals will become the property of the City of San Diego. If any proprietary information is contained in the proposal, it should be clearly identified. Examples of previous work may be submitted.
Copies - Firms desiring to respond shall submit nine (9) copies of their proposal in sufficient detail to allow for thorough evaluation and comparative analysis.
OTHER INFORMATION TO BE SUBMITTED
The Proposal should also contain:
1. A thorough explanation of the methodology that is proposed to be employed, along with any information on double-checking for accuracy of population and ethnicity information;
CONSULTANT SELECTION PROCESS
Candidates must initially be represented by their written proposal. Written proposals will be reviewed by the Redistricting Commission. Some or all of the prospective consultants will be interviewed during this process. Selection of the consultant will be completed by March 2001.
Payment for services. The Redistricting Commission agrees to pay the consultant for services rendered hereunder based upon a rate and schedule to be negotiated.
2. Termination for Convenience by City
The Redistricting Commission may terminate the agreement at anytime by providing written notice to the consultant. Notice would have to be issued 15 days before the effective date. In such event, all written documents described as within the Scope of Work would, at the Redistricting Commission's option, become property of the City of San Diego. Consultant would be paid for the work done up to the effective date of the termination.
3. Ownership of Documents
All unfinished documents, data, studies, surveys, reports and other material prepared by Consultant shall, at the option of the Redistricting Commission, become property of the City of San Diego Redistricting Commission.
4. Sublet And/or Assignment
The selected proposer shall not sublet, assign, or transfer any right or interest in the awarded contract without the prior written consent of the Redistricting Commission.
5. Key Personnel
The proposer must designate the key personnel to be assigned to this project and provide resumes of their experience as part of the proposal.
The Redistricting Commission will be allowed to specify which, if any key personnel for whom substitution will not be allowed without the Redistricting Commission's prior written consent.
6. Hold Harmless
Contractor agrees to defend, indemnify, protect and hold City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to Contractor's employees, agents or officers, which arise from or are connected with or are caused or claimed to be' caused by the acts or omissions of Contractor, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same; provided, however, that Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees.
City may from time to time require changes in the Scope of Work to be performed by consultant. Such changes, including any increase or decrease in the amount of compensation which are mutually agreed upon by and between City and consultant, shall be incorporated in written amendments to the Agreement.
This project must not be delayed. For this reason, it will be necessary for the consultant hired to advise the City staff of each stage of the proceedings and to let the City know if any information is not available when needed. It shall then become the City's option as to how to proceed.
9. Independent Contractor
Consultant shall be an independent contractor and not an agent of the Redistricting Commission. Any provision of the Agreement that may appear to give the Redistricting Commission the right to direct consultant as to the details of doing the work or to exercise a measure of control over the work means that consultant shall follow the wishes of the Redistricting Commission as to results of the work only.
10. Public Liability Insurance
The selected proposer must procure and maintain at its own expense insurance for liability for damages imposed by law and assumed under this contract. The insurance must be in effect during the preparation of alternatives for redistricting and during the entire term of the service agreement, in the types and amount herein stated, underwritten by an insurance company licensed to do business in the State of California.
The selected proposer shall provide the City of San Diego with a certificate of insurances showing coverage for public liability in amounts of not less than $1,000,000.
The City of San Diego must be named as an additional insured on this certificate.
The selected proposer must also show evidence of Workers' Compensation coverage in accordance with the laws of the State of California. The Worker's Compensation policy must contain a waiver of subrogation of rights against the City of San Diego.
All Policies must have a thirty (30) day non-cancellation clause giving the City thirty days prior written notice in the event a policy is cancelled.
Proof of all such insurance shall be given by filing certificates of said insurance with the City Manager's Office prior to signing of the contract by the Redistricting Commission.
The proposer understands and agrees that any insurance required by this contract shall in no way limit the proposer's obligations assumed in this contract, shall not relieve the proposer from liability in excess of this coverage, nor shall it preclude the City from taking any such actions available to it under the provisions of this contract or otherwise in law.
11. Employment of City Staff
The Agreement shall be unilaterally and immediately terminated by City if consultant employs an individual who, within the twelve months immediately preceding such employment, in the individual's capacity as a City officer or employee, participated in, negotiated with, or otherwise had an influence on the recommendation made to the City in connection with the selection of consultant.
12. Conflict of Interest
The Consultant is subject to all federal, state and local conflict of interest laws, regulations and policies applicable to public contracts and procurement practices, including but not limited to California Government Code sections 1090, et.seq. and 81000, et.seq. The Redistricting Commission may determine that a conflict of interest code requires the Consultant to complete one or more statements of economic interest disclosing relevant financial interests. Upon the Redistricting Commission's request, Consultant shall submit the necessary documentation to the Commission.
13. Non-discrimination under Title VI of the Civil Rights Act of 1964
The Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (PL 88-352) and HUD regulations with respect thereto including the regulations under CFR Part I. The City agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate.
14. Equal Opportunity
The Consultant will comply with Title VII of the Civil Rights Act of 1964, as amended, Executive Orders 11246, 11375, and 12086, the California Fair Employment Practices Act, and any other applicable federal and state laws and regulations hereinafter enacted. The Consultant will not discriminate against any employee or applicant for employment on any basis prohibited by law.
The Consultant acknowledges that the City of San Diego seeks to promote employment and business opportunities for local residents and firms on all City contracts. The Consultant will, to the extent legally possible, solicit applications for employment, and bids and proposals for subcontracts, if any, for work associated with this Agreement from local residents and firms whenever feasible.
The Consultant understands that failure to comply with the above requirements, and/or submitting false information in response to these requirements, may result in withholding any payments due until the Consultant complies with the above, or termination of this Agreement, and/or suspension from participating in future City contracts as a prime consultant or subconsultant, for a period of not less than one (1) year. For additional or subsequent violations, the period of suspension may be extended for a period of up to three (3) years. Failure to satisfy penalties imposed pursuant to this section shall prohibit the Firm from participating in future City contracts until all penalties have been satisfied.
15. Drug-Free Workplace
The Firm agrees to comply with the City's Drug-Free Workplace requirements. Every person awarded a contract by the City of San Diego for the provision of services shall certify to the City that it will provide a drug-free workplace. Any subcontract entered into by the Consultant pursuant to this Agreement shall contain this provision.
The City of San Diego reserves the right-to accept or reject any or all proposals received in response to this Request, to negotiate with any qualified source, or cancel in whole or in part this Request for Proposal if it is in the best interest of the City to do so. Prospective contractors may be required to submit revisions to their proposals as may result from contract negotiations, to include additions and/or deletions to either subcontractors or scope or work.
All survey information, data and material ensuing from this project shall be the sole property of the 2000 Redistricting Commission of the City of San Diego and shall not be reproduced and published without the written consent of the City of San Diego.
Clarification of the content or requirements of this Request for Proposals may be obtained by calling Bonnie Stone at (619) 533-4060.